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HomeMy WebLinkAbout1984-10-BOS-min 1 p � 4 4 SELECTMEN'S MEETING V 1 41 )f October 1, 1984 A regular meeting of the Board of Selectmen was held in the Sel ctmen's Meeting Room, Town Office Building, on Monday,. October 1, 1984, at 7:30 p.m. Chairman Battin, Mr. Sacco, Mr. McLaughlin, Mr. Marshall, Mr. Eddison; Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Mrs, Snow, Executive Clerk, were present. Mrs. Battin noted a letter from James W. Segel, Executive Director of Tax Cut the Mass. Municipal Association, requesting the Board to express its views & Local Aid to our legislator on the Governor's vetoes of the additional $31 million Legislation local aid Bill and of tax cut legislation which would have increased personal exemptions for some families and reduced taxes on the investment income of certain elderly taxpayers. The $31 million in local aid was to be distributed to municipalities based on $35 for each school age child. The Governor's reasons for veto and indi- cations of the sentiments of the majority of the Association for overriding the veto, were noted. Regarding veto of the legislation for a tax cut measure attached to the 1984 supplemental budget, Mr. Segel expressed support of the veto, based on the proposal's effect on allocation to cities and towns of local aid. Motion was made by Mr. McLaughlin, seconded by Mr. Sacco, to support override of the Governor's veto of the local aid legislation. The motion did not carry, with Mrs. Battin, Mr. Marshall and Mr. Eddison voting in opposition to override of the veto. Motion was made by Mr. Eddison, seconded, by Mr. Marshall, to support the Pak. Governor's vetoes on both issues. It was voted, three to two, with Mr. Sacco and Mr. McLauglin voting in the negative, to support the Governor's veto of the local aid/school aged children legislation. It was voted unanimously to support the Governor's veto of the tax cut legislation. Representative Doran will be informed of this action before the session of the Legislature on October 2. Appointments to the Cable TV Advisory Committee and decision on length of CATV Comm. terms of its members were deferred pending receipt of recommendations on those Appts. matters by the Cable Committee Chairman. Upon motion duly made and seconded, it was voted to expand membership of Human Svs. the Human Services Committee from eight to nine members, as recommended by Comm. Appts Selectman Marshall, who noted an increase in work load of the Committee. & expansion Upon motion duly made and seconded, it was voted to appoint the follow- ing to membership in the Human Services Committee, for terms of office to expire on September 30, 1986: David W. Budding 59 York Street Chang Chih Chao 4 Page Road Sheila D. Martin 29 Dewey Road Leonora Zola 4 Moon Hill Road aim Mr. Eddison noted need for appointment of one additional member to the Pine Meadow: Advisory Committee on Conservation Purchases and Acquisition of the Pine Comm.Appts. Meadows Golf Course to fill the last vacancy, and gave his recommendation for approval of the appointment of Eleanor Yasaitis to that Committee. He briefly stated her qualifications and background, noting that she is a resident of the 1114 -2- Upon motion duly made and seconded, it was voted to appoint Eleanor H. Yasaitis, 20 Ward Street, as a member of the Advisory Committee on Conserva- tion Purchases/Acquisition of the Pine Meadows Golf Course and Adjacent Land. DEQE Reim- James R. Kane, Town Treasurer/Revenue Officer, was present relative to bursement his request for approval and execution of Notes in the amount of $155,000 Notes in Anticipation of State (DEQE) Reimbursement for the Mass. Avenue Water Pro-- "'o• ject. Mr. Kane outlined bids offered by nine banks and noted selection of Bank of Boston, Middlesex, low bidder. Upon motion duly made and seconded, it was voted to approve and sign Notes in Anticipation of State Reimbursement in the amount of $155,000, for the Mass. Avenue Water Project, and awarded to Bank of Boston, Middlesex. 1--day Auc- Upon motion duly made and seconded, it was voted to approve the applica- tioneer tion of Mohsen Mehran-Nejad, for One Day Auctioneer License, for an auction to license be held at the Knights of Columbus Hall, 177 Bedford Street, on October 7,1984. Ranney/Walsh Upon motion duly made and seconded, it was voted to grant an extension of Dog Hear- time of one month for installation of a dog run at 47 Carville Avenue, as re- ing quested by Dr. Joyce Ranney/Grimes, owner of a dog which had been subject to an order by the Selectmen. Following a public hearing on Sept. 13, 1984, based on a complaint the Dr. Ranney's dog was running loose, the Board had ordered installation of a dog run but since the dog will be given away on Nov. 1, the request for extension was made. Use of Mr. Hutchinson noted a request made to him by Creative Talents, a book- Hastings ing agency, who is arranging events on a tour of a client with executive cus- Park - tomers. Permission for use of Hastings Park for reenactment of a battle road Creative skirmish had been requested by the agency. Mr. Hutchinson noted that the par- Talents ticipants in the reenactment were to be from the British Brigade and Minute request Men from other Towns, Lexington Minute Men not having been approached or informed Imo of the plans, which he felt was inappropriate. Several Lexington Minute Men were present to voice their displeasure with the British Brigade's failure to confer with them on the proposal and asked that the Board reject the request. It was noted that each of the Battle participants will be receiving $20 for staging the action, and that the Agency was promoting it on a commercial basis. Mr. Fitzgerald, Chairman of the Town Celebrations Committee, had been unwilling to comment, based on lack of information on details provided. Upon motion duly made and seconded, it was voted to deny the request of the British Brigade for use of Hastings Park for reenactment of a Revolutionary War battle, based on disapproval of the procedures employed by the British Bri- gade. The Brigade will be advised that, in the future, it will be appropriate to seek discussion with the Council of Minutemen and Lexington Minute Men on such activities proposed for Lexington. Adams/Rus- Mr. Hutchinson stated that the Board had asked him to explore the basis of set - Play-citizens' complaints about Adams/Russell transmission of sound track of the boy Chan- Playboy Channel to customers who are non-subscribers to that channel. Mr. Pollack, net Adams/Russell, Ms.Baker, repr. "Playboy", John Ward and William Page of the CATV Advisory Committee were present for discussion of the matter. The Town Manager referred to agreement within the contract with the Town that Adams/ Russell would not offer offensive or pornographic materials in their programming, Selectmen's Meeting -3- October 1, 1984 and felt that offering of the Playboy channel constituted a breach of con- tract. He added that the matter had not been broached to the Board by Adams/ 'oft Russell, but that Mx. Pollack had talked to the Cable Committee and had offered scrambling devices upon request by customers. It had been thought by some that putting the burden of requesting on the customer was inappropriate. Mr. Ward added that. the Committee did have conversation with Adams/Russell on the addition of the channel, which the company proposed to do in response to public interest. The Committee had considered that basically, since the programming was considered to be rated "R" not "X", there was no control in -the matter. Mr. Page agreed with Mr. Ward's assessment, and referred to Mr. Henchey's assurance to the Board at the time of licensing that Adams/Russell's intent was to exercise good judgment and taste in selections of programming. He said that the Committee had been told by Adams/Russell that Cinemax and HBA showings, also rated "R", could be considered to be more offensive than Playboy. He added that the Committee had never been asked by Adams/Russell for its approval of the programming. Mr. Ward reported that about 60% of converters shipped to Adams/Russell scramble both sound and picture of the channel, and that 40% allow transmission of the sound track. Mr. Pollack said he felt the showing of the Playboy channel did not repre- sent a departure from the terms of the contract, and offered to have Mrs. Baker, representing the Playboy Channel appear to answer any questions the Board may have. He said that the Town of Bedford had seen no problem with the Channel and that both Bedford and Hanscom Field customers had requested the addition. He had attempted, through contact with the CATV Committee, to -find out if there sm. would be Lexington opposition before proceeding with arrangements. It had been his intent to make the channel available upon request, but not to advertise or bring attention to its availability. There has been no attempt to market the channel, but it is offered on a one-to-one basis when subscribers are enquiring about other options. Mr. Sacco suggested that offering the Playboy channel to a prospective customer for the Disney Channel, as had been reported to him, seemed less than appropriate. He asked if the Committee has seen the Playboy channel and was told by Mr. Ward that he had not. Mr. McLaughlin, liaison to the CATV Committee, recalled that at his first meeting with the committee, the matter had been brought up that the committee could have gotten the impression that the Board did not wish to become involved in such decisions. Mr. Ward said he now realized that the committee should have informed the Board of the issue, and will do so in any future instances. Mr. Pollack told the Board he would plan to notify customers, by means of a notice to be included with their bills, that the converter can be installed upon their request. This could be done with or without reference to the Play- boy channel in the flyer. Mr. Marshall said he would prefer specific mention of the Playboy Channel in the notice. With reference to commitments made on types of programming to be shown, he felt that Adams/Russell had misrepresented facts and had lied to the Board on this issue. He said that this action has created a long term pro- blem and will have an impact on the future relationship between the company 01.1. and the Board. 4 f i Mr. Sacco agreed with Mk. Marshall and said that this was not the only instance in which Adams/Russell had gone beyond the limits of its agreement with the Town. He said he had considered moving to revoke Adams/Russell's license or to require going to homes of all who are non-subscribers to Channel 35-B to install the proper converters. Imo Mr. McLaughlin was concerned that this procedure would adversely impact all rate payers by raising charges. He recommended advising customers that converters are available upon request. Mr. Sacco also questioned judgement used in the placement of the Play- boy channel on 35-B, in close proximity to the Disney channel. Mr. Marshall felt that all customers should be made aware of the avail- ability of converters and all citizens should be made aware of the behavior of Adams/Russell. He noted that inconvenience caused to customers if arrange- ments for appoints to do the work were to be made, meaning they would have to stay at home to accomplish it. Motion was made by Mr. Sacco, and seconded by Mr. McLaughlin for pur- poses of discussion, that Adams/Russell be required to go to homes of all cable customers who do not have complete converters and change them so as to eliminate the Playboy signals. The motion did not carry, with Mrs. Batt in, Mr. McLaughlin and Mr. Eddison voting in the negative. Upon motion duly made and seconded, it was voted to notify customers of the availability of complete converters if they are receiving undesirable Playboy signals, and to install those converters upon request. Mr. Page said that as a member of the Cable Committee, he had heard several different opinions on the issue of pornography, but that the Committee believes that it is ultimately the subscribers who should judge what material is appropriate. He requested guidance from the Board as to some mechanism which would enable the Committee to obtain a more in-depth understanding as to what Lexington is interested in. The Committee was asked by the Board to Imo give thought to means for gathering input on public opinion and report to the Board on the matter. Housing Members of the Planning Board and its Advisory Committee on Housing Needs, Needs Rep't were present for review and discussion of the Advisory Committees report on that subject, compiled from responses to questionnaire submitted to Town Meeting Members earlier this year. Ms. Klauminzer briefly highlighted the Advisory Committees analysis of responses, noting a response rate of 46%, which she felt would allow for some judgements in a general way as to which policies and procedures are probably viewed favorably by a majority of Town Meeting. It appeared that those who answered seemed to approve of existing housing programs in the Town. Respondents agreed that some intervention by the Town to provide affordable housing is necessary using Town land and building resources but without use of Town funds. Middle income housing was seen to be the most acceptable, achieved by use of school buildings and Town owned land. Multi-family apartments were seen to be least favored. Ms. Klauminzer noted the Committee recommendation that Franklin School be put to such use. Board members were asked for any comments or reactions to the report. Discussion followed as to what methods could be used to gain a more qualitative response to enable the Planning Board to more easily assess what would be acceptable to the Town. -5- Selectmen's Meeting r October 1, 1984 Mrs. Smith, Planning Board Chairman, offered to have another question- pmft naire prepared for distribution at the beginning of Town Meeting. The Ad- visory Committee will consult with TMMA on improved methods for gaining in- formation. n- formation. Mr. Marshall suggested including questions on issues such as land use, style, and resident types and that these subjects be separated for clarity in answering and more ease in sorting the data. Mrs. Smith and Mrs. Klauminzer were thanked by Mrs. Battin for the excellent report and analysis. Dr. Clarke of the Traffic Safety Advisory Committee was present for the T.S.A.Comm. Board's review of his Committee's reports on several requests. reports on Upon motion duly made and seconded, it was voted to accept the recommenda- Traffic tion of the Traffic Safety Advisory Committee to deny the request of the Board items of Trustees of Cary Memorial Library for the addition of a parking space for the handicapped at the Massachusetts Avenue/Clarke Street entry to the library,Handicapped The recommendation was based upon unsafe conditions at the proposed location, parking difficulties in relocating a bus stop which would have to be removed and lack Cary Libr. of an access ramp for handicapped at that entry. Upon motion duly made and seconded, it was voted to accept the recommenda- "No Parking tion of the Traffic Safety Advisory Committee to approve the request of the Anytime" Traffic Safety Advisory Committee for designation of "No Parking" areas at Grace Chape the intersection of Worthen Road and Massachusetts Avenue. Regarding the request of the Waldorf School for installation of speed Speed Bumps oi""` bumps in the Adams School/Waldorf School Parking area,' it was noted that the Adams/Wal- Committee felt such installation would create a dangerous condition and suggest- dorf ed that the request be changed to installation of a portable barrier for pro- School hib it ing parking of unauthorized vehicles. The Committee further recommended that the twelve public parking spaces be reduced to four and that parking be prohibited between buildings. It was felt that additional information was needed before decision on the requests. The Manager will confer with the DPW and the Traffic Safety Committee on the matter of the barrier and accompanying signs and the public parking issue. The Recreation Committee will be consulted with respect to parking needs relative to off-hours soccer participants. Upon motion duly made and seconded, it was voted to defer action on the request of Pat Brandes, Waldorf School, pending report from the Town Manager as noted above. Upon motion duly made and seconded, it was voted by roll call vote 5 - 0, Exec.Sessio7 Mrs. Battin, Mr. Sacco, Mr. McLaughlin, Mr. Marshall, Mr. Eddison, to go into Executive Session for discussion of matters of litigation. Open session was resumed at 9:25 p.m. The recommendations to the Board of the Center Revitalization Committee on CRC Traf-- P""'' suggestions for traffic improvement in Lexington Center by Mr. McLaughlin, fic recs. Police Captain Lima and in the Traffic Report prepared by consultant Norman Lex.Ctr. Abend, were reviewed. -6- Following brief discussion on several of the C.R.C. recommendations, Mrs. Battin suggested that concerns on the items be surfaced at the October 15th meeting, following further review of the C.R.C. report and visits to the sites under consideration by members. It was agreed that action by the Board on the recommendations will take place on the 15th. ..rr Use of Upon motion duly made and seconded, it was voted to approve the request Green of September Productions, Inc. for use of the Battle Green on Saturday, Sept. October 6, 1984, from 1:00 p.m. to 5:00 p.m. , for filming of a commercial Productions under the auspices of the Mass. Dept. of Commerce Division of Tourism, of Minutemen and members of the British Tenth Regiment of Foote marching on the Green. Approval is subject to coordination on activities planned by September Productions with the Department of Public Works and the Police Department. Youth Comm. Upon motion duly made and seconded, it was voted to approve reappointment appts. by the Town Manager of John McGirr and Ronald Marble and the appointment of James Cataldo as members of the Youth Commission. Versailles Upon motion duly made and seconded, it was voted to approve the applica- Rest. out- tion of Isaac Dray, Versailles Restaurant, Inc. , 1777 Mass. Avenue, for ex- side sys. tension of a permit for outdoor service of food and alcoholic beverages until October 31, 1984, as recommended by the Town Manager. Deferments Upon motion duly made and seconded, it was voted to approve the request of water,sewer,Mary L. Carroll for deferment of sewer and water charges as follows: Carroll Water Betterment Assessment .M. Joseph, Lawrence M. & Edward P. Carroll Lot 48A, Map 16, Allen Street $930.00 .ter Sewer Betterment Assessments .Joseph, Lawrence M. & Edward P. Carroll Lot 48A, Map 16, Allen Street $5,765.78 .Michael & Lawrence Carroll Lot 47, Map 16, Allen Street $1,130.27 .Michael J. & Lawrence M. Carroll Lot 8, Map 16, Allen Street $813.14 . Michael J. & Lawrence M. Carroll Lot 9, Map 16 $5,946.53 .Michael J. & Lawrence M. Carroll Lot 48A, Allen Street $3,954.14 Douglas re- Mr. Hutchinson noted that he intends to deny the request of Joel Douglas, quest a Belmont resident, for additional street lighting on Watertown Street, based Watertown on data showing that no accidents have occurred at that location for the past St. five years. He added that Belmont has no plans for lighting or other improve- lighting Selectmen's Meeting October 1, 1984 omi4 ments on Winter Street, which is the Belmont continuation of Watertown Street. The Board concurred with this course of action. Mr. Hutchinson reported on a request from the Conservation Commission that town-owned land, Lot 52, Map 24, Valleyfield Street, be transferred to the Commission's jurisdiction because of its value as wetland. The Board agreed with the Manager's recommendation that the lot be transferred and that an approp- riate Article be inserted in the Warrant for the next Town Meeting. Upon motion duly made and seconded, it was voted, as recommended by the Town Manager, that the Harrington Seedling Forest Committee be dissolved, and that its responsibilities be given to the Conservation Commission and its Director, Charles Wyman. / Upon motion duly made and seconded, it was voted to increase the fee for amounts over the first five gallons of hazardous waste at the Hazardous Waste Collection scheduled for October 20, 1984. The fee will be increased from $2.00 to $4.00, to be applied against increased SCA collection rated. The idea of voluntary contributions at the collection site, in addition to the fees as stated above, was supported by the Board. Upon motion duly made and seconded, it was voted to designate Selectman Robert F. Sacco as Acting Chairman during the absence of Chairman Battin in the period from October 3, to October 10, 1984. oink Upon motion duly made and-seconded, it was voted 5 - 0 by roll call vote, Exec. Mrs. Battin, Mr. Sacco, Mr. McLaughlin, Mr. Marshall, Mr. Eddison, to go Session into Executive Session for discussion of land acquisition, with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 10:30 p.m. A true record, Attest: 1 Marion H. now Executive Clerk pima, tc fe 0 •, SELECTMEN'S MEETING r.. , , October 15, 1984 71- A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, at 7:30 p.m. Chairman Battin, Mr. Sacco, Mr. McLaughlin, Mr. Marshall, Mr. Eddison; Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Ms. Adler, Assistant to the Town Manager; Mrs. Snow, Executive Clerk, were present. At 7:30 p.m. , Stephen Russian, Esq. , and representatives of Itek Cor- Itek/Bd.App. poration, met with the Board for presentation of a revised plan for expan- petition sion at that facility, which will be subject of a Board of Appeals hearing for Special Permit on October 25. Mr. Russian pointed out that changes had been made to the original pro- posal by Itek in response to concerns on density, traffic, parking and height variations, voiced by Town Boards last spring. He introduced Mr. Sullivan of Itek Corporation and Mr. Cook, Traffic Consultant, of Boston Survey Consultants, for review of details of the changes proposed and com- parison with the previous plan. Mr. Sullivan explained the purpose of the meeting was to review changes to Itek's Special Permit application; describe Itek's revised site plan; explain the importance to Itek of Town approval; review BSC Engineering traffic and parking study and to address any questions the Board might have. On a slide illustrating Itek's May '84 site plan, Mr. Sullivan pointed out the Town's areas of concern on density, traffic, parking and height varia- tion issues and went on to review plan changes made in response. Regarding the height variance sought, Mr. Sullivan explained the need to accommodate future large optics programs and to satisfy current commit- ments. He noted that only absolutely essential facility additions are being requested, while still addressing Town concerns. He pointed out that the expansion will provide additional revenue to the Town and allow Itek to con- tinue as a viable business in Lexington. He added that disapproval of the 13.lans would impose a severe hardship on the corporation, which he felt had been a responsive, long-term corporate citizen. Mr. Cook addressed the issues of traffic and parking, noting that flex- time schedules of employees, despite the increase of 175 workers, will effect an actual reduction in traffic impact and that revisions to parking areas planned bring them into conformance with the Zoning By-Law, pointing out visual and circulation improvements. Mrs. Battin thanked Mr. Sullivan, Mr. Cook and Mr. Russian for the pre- sentation, noting that the current proposal appeared to have addressed all issues satisfactorily, adding that the Selectmen do not, as a matter of course, make recommendations to the Board of Appeals. The proponents were complimented by Board members on the presentation and the manner in which they had addressed the Town's objections to the original plan. It was agreed that the Board of Appeals will be informed that the Selectmen had been favorably impressed with the responsiveness of Itek and that the Board's specific areas of concern regarding features of the May '84 plan had been satisfactorily addressed. pm. 1 —2— Minutes Upon motion duly made and seconded, it was voted to approve the minutes 9/24 & of the Selectmen's Meeting on September 24, 1984, as presented, and the 10/1/84 minutes of the meeting on October 1, 1984, as corrected. mel Mr. Marshall informed the Board that he was prepared to move that a Special Town Meeting be called during the week of November 26th for the purpose of proposing acquisition of the Pine Meadows Gold Course. In discussion which followed, he updated the Board on progress of the Advisory Committee on Conservation Purchases and Acquisition of the Pine Meadows Golf Club and Adjacent Land. He reported. that the Committee feels, having arrived at what they believe to be resolutions of former problems, that negotiations with the owners can be settled and a presentation to Town 1 Meeting prepared in time for a late November Special Town Meeting. He again noted the importance to the Bellizia family that they receive some payment before the end of 1984. Both he and Mr. Eddison were optimistic that the Committee could have a well defined document ready for Town Meeting, hopefully a Purchase and Sales Agreement, planning on an Information Meeting in mid- November and the Special Town Meeting on November 26. Decision on a proposed method of financing of the purchase, with several options including some form of self-financing and/or Town funding being considered, is still to be dealt with, no consensus having been reached as yet. He felt it least likely that addition of the entire purchase price to the tax rate would be proposed. Mr. Marshall said the Committee is now awaiting an appraisal of the prop- erty which is essential to progress with decision on financing methods to be proposed. Mr. McLaughlin said he was opposed to setting a date for a Special Town Meeting based on his concerns regarding the price asked for the property and the financial implications, which he felt had not been adequately addressed. mmid He added that he had been under the impression that the Committee had been formed to readdress the golf course proposal based on self-financing of the purchase. He felt that the Board was not ready to go forward with the matter at this time. Mr. Sacco, who agreed with Mr. McLaughlin, had doubts the purchase would be approved by Town Meeting and was opposed to the proposal based on a possi- ble recommendation that the entire cost be funded by the taxpayers. He con- sidered the cost of a Special Town Meeting and a potential referendum on the issue to be a wasteful outlay of Town funds. Upon motion duly made and seconded, it was voted 3 - 2, with Mr. Sacco and Mr. McLaughlin voting in the negative, to call the 1984 Special Town Meeting on November 26, 1984, in Cary Memorial Hall at 8:00 p.m. , for the purpose of proposing Town acquisition of the Pine Meadows Golf Course and adjacent land, and that the Warrant for the November 26, 1984 Special Town Meeting be closed on October 22, 1984, at 4:30 p.m. Warrant Upon motion duly made and seconded, it was voted to sign the Warrant for 1984 Pres. the 1984 Presidential Election, to be held on November 6, 1984. Election Mr. McLaughlin requested that procedures be explored whereby a specimin ballot listing the names of candidates can be provided to voters at the time of the mailing of the Warrant. Our Legislators will be asked about introduc- tion of a bill to accommodate that process. mod Selectmen's Meeting October 15, 1984 Paul Hamburger, Chairman of the TMMA Executive Committee, was present L.H.A./Poor for discussion of the Committee's request that the Board bring the issue of Farm ArticlE change of land use proposed by the Lexington Housing Authority for Lot 6 of the "Poor Farm" land to Town Meeting for its consideration of new conditions proposed. Mr. Hamburger noted that the 1984 Town Meeting had given approval for conveyance of Lot 6 to the Housing Authority with the understanding that it be used for scattered site single family housing. Since funding for that use was found to be unavailable, the Authority has obtained funding for Spec- cial Needs housing, in a two-family structure. Mr. Hamburger acknowledged that there is no legal requirement for return to Town Meeting on this matter, but felt that in its role as monitor of Town Meeting decisions, the Executive Committee should request that opportunity be given to Town Meeting to review and vote its position on the current proposal. Mr. McLaughlin, who had presented the original proposal under Article 9 of the 1984 Annual Town Meeting, also felt that Town Meeting should be given another opportunity for decision: and, in review of his remarks on the intended use stated at that time, saw justification for addition review by Town Meeting of the current change in use and density. Mr. Marshall and Mr. Sacco felt that decision on the matter at this time was inappropriate since the Housing Authority had not been represented at the evening'S discussion and questioned whether the Authority could be ready to debate the issue in so short a time. Upon motion duly made and seconded, it was voted 3 - 2, with Mr. Marshall plum and Mr. Sacco voting in the negative, to insert either one or two Articles, as needed, in the Warrant for the 1984 Special Town Meeting to allow the Town Meet- ing to review the Lexington Housing Authority's current proposal for land use on Lot 6 at the "Poor Farm", and to rescind, amend or confirm its approval given under Article 9 of the 1984 Annual Town Meeting. Mr. Hutchinson was requested to confer with the Housing Authority on these proceedings and to report to the Board on the matter on October 29. Mr. Hamburger read his letter to Senator Kraus relative to passage of Ch. 196,AcL Chapter 196 of the Acts of 1984, which would allow commercial use of resi- of 1984 dentially zoned land on the grounds of the Minuteman VoTech School with the approval of a simple majority of the Town Meeting, rather than the 2/3 vote previously required for change in land use. He reported that the TMMA Execu- tive Committee had voted to request the Senator to file an amendment to Chap- ter 196 to change the words "majority vote at a town meeting" to "two-thirds vote at a town meeting". Mr. Hamburger requested the Board's support of the Committee's request to Senator Kraus and, since it was thought that a statement of Town support would aid in passage of the bill, requested that a Resolution to that effect be placed before the 1984 Special Town Meeting. Upon motion duly made and seconded, it was voted 4 - 1, with Mr. Sacco voting in the negative, to insert an Article in the Warrant for the 1984 Special Town Meeting to allow Town Meeting to express support or opposition regarding the proposed amendment to Chapter 196 of the Acts of 1984. rim , ? Meeting It was agreed that the Selectmen's Meeting scheduled for October 22, schedule 1984, would be cancelled and that regular meetings be held as follows: October 29; November 5, 19, 26; December 3, 10, 17, 1984. All meetings, with the exception of the November 26th meeting which will commence at „■� 7:00 p.m. , will start at 7:30 p.m. CATV No report having been received from the Chairman of the CATV Advisory Appts. Committee on designation of lengths of terms and appointment/reappointment of member, that item was deferred. Hanscom Mr. Hutchinson was requested to arrange for a presentation by the Central Area Traf. Transportation Planning Service of its "Hanscom Area Traffic Study", recently Study prepared for the HATS Committee. Effort will be made for a presentation on ,. October 31, in the Selectmen's Meeting Room, at 8:00 p.m. Hotel/con- Mrs. Battin informed the Board that the Minuteman VoTech School repre- ference sentatives will be present at the November 5th meeting, for presentation of its center hotel/conference center proposal. Pole loca- Upon motion duly made and seconded, it was voted to approve the petition tion,Boston of Boston Edison Company for location of existing Pole #453/1 in Bicentennial Edison Co. Drive, southerly side, approximately 31' northwest of Cary Avenue. Bicenten- nial Drive, a former private way, is now a public way. No public hearing was required. Deferred Upon motion duly made and seconded, it was voted to authorize James R. Comp.Plan Kane, Town Treasurer, as Town representative in dealings with MFS/Sun Life Kane Assurance Co. and Nationwide Life Insurance Co. ,relative to the Town's Deferred Compensation Plan. Ch.90 Notes Upon motion duly made and seconded, it was voted to sign necessary docu- EssexBank ments to accept the bid of EssexBank of Peabody at 5.24% for a Chapter 90, of Peabody Highway Reimbursement loan in the amount of $94,367.74, dated October 19, 1984, to become due on February 20, 1985, as recommended by James R. Kane, Revenue Officer. Sewer Chgs. Upon motion duly made and seconded, it was voted to approve the follow- Lieu of ing sewer charges in lieu of betterment, as requested by Francis K. Fields, Betterm. Town Engineer: Moore Homes Moore Homes, Inc. Lot #1, Bow Street $2,324.41 Moore Homes, Inc. Lot #2, Bow Street 833.79 Moore Homes, Inc. Lot #4, Bow Street 1,008.95 Moore Homes, Inc. Lot #5, Bow Street 2,692.98 Moore Homes, Inc. Lot #6, Bow Street 2,463.07 Traffic Upon motion duly made and seconded, it was voted to execute an amendment Rules,Wor- to the Traffic Rules and Order, approved on October 1, 1984, prohibiting park- then/Mass. ing at any time on Worthen Road, westerly side, 100' north of Stratham Rd. Avenue to Mass. Avenue. Upon motion duly made and seconded, it was voted 5 - 0 by roll call vote, Mrs. Battin, Mr. Sacco, Mr. McLaughlin, Mr. Marshall, Mr. Eddison, to go into ,t4 Selectmen's Meeting j -5- October 14, 1984 ombh Executive Session for purposes of discussion of matters of potential liti- Exec. Session gation, with the intent to resume open session. Open session was resumed at 9:20 p.m. Mrs. Battin referred to correspondence from John Ritsher, Chairman of Winter Street the Lincoln Board of Selectmen, informing the Board of a petition filed by closing at Lincoln to close Winter Street at the Waltham/Lincoln line, because of traf- Lincoln/ fic impact on Lincoln of commercial development in Waltham. Mrs. Battin Waltham asked if the Board wished to take a position on the matter from a regional Line perspective. Upon motion duly made and seconded, it was voted to take no action re- garding the petition of the Town of Lincoln to the Middlesex County Commis- sioners, with respect to the closing of Winter Street. Mr. Sacco distributed notices of a Wine and Cheese party to be held by C o A Wine/ the Council on Aging on November 16 at 2 p.m. , in acknowledgement of the Cheese Party assistance given by volunteer workers. Board members are invited to attend. The Board considered the recommendations of the Center Revitalization CRC recs. Committee on proposals for traffic improvement in Lexington Center by Lexington Selectman McLaughlin, Traffic Captain Lima and Traffic Consultant Norman Ctr. Traffic Abend. Upon motions duly made and seconded, the Board voted as follows on the issues under consideration: Mr. McLaughlin's recommendations Voted: to support the recommendation of the CRC that a left turn arrow be added to signals at Massachusetts Avenue and Waltham Street for westbound Massachusetts Avenue traffic. Voted: to postpone action on removal of the first four parking spaces on the easterly side of Waltham Street, as recommended by the CRC, and to request DPW to develop a proposal for a 30-day test of the effectiveness of that measure, for review of the Board. The Board took no action on the suggestion for creating two spaces in front of the "Grand Strand" on the west side of Waltham Street. Captain Lima's recommendations: Voted: to authorize an engineering study of the closing of Harrington Road between Bedford Street and Hancock Street with restricted turn signage. Voted: to support the recommendations of the CRC for using Worthen Road as a Center by-pass with signing at Bedford Street, Massachusetts Avenue mai and Waltham Street. Voted: to support the recommendations of the majority of the CRC for removal of one parking space (rather than two as proposed) on the north side of Massachusetts Avenue just behind Waltham Street, on a six-month trial basis. 5 -6- Mr. Abend's recommendations Voted: to support CRC recommendations for unfavorable action on making the Waltham Street lot exit two ways from Waltham Street to Muzzey Street be- cause of possible future consideration of attendant parking for that lot. Voted: to support the CRC recommendation in favor of directional signs `woo at Muzzey Street and at exits from the other parking lots. Voted: to authorize engineering studies of the Edison Way parking lot to include circulation changes at Craft Cleansers, but not to include the suggestions for removal of sidewalk and change of existing angle parking. Captain, Lima's suggestion for direct access to Grant Street was not discussed. Voted: to support CRC recommendations that the channeliation of inter- sections at Woburn/Massachusetts Avenue, Bedford Street/Massachusetts Avenue be studied and prioritized, considering such needs throughout the Town. Voted: to support CRC recommendations to maintain the existing practice of having a Police Officer on duty at certain hours of the day, at the traffic signal in Lexington Center. Voted: to support CRC recommendation for increase of enforcement to eliminate double parking. Voted: to prohibit left turns from the Battle Green Inn and Pewter Pot onto Massachusetts Avenue for six months on an experimental basis and review when the test period is completed. Voted: as recommended by CRC to postpone action on removal of two spaces on Massachusetts Avenue approaching the Waltham Street light and review the matter after the new signalization is implemented. Action on Mr. Abend's proposals for construction of a direct access from the student parking lot at the High School to Worthen Road and the rerouting of school bussess will be discussed at a forthcoming meeting of the Board with the School Committee. Extra Upon motion duly made and seconded, it was voted to authorize Extra Work Order Work #1 under resurfacing Contract 85-2, for additional resurfacing work at Shade Street, Order from Spring Street to Weston Street, in the amount of $59,075.57. #1 Cont. 85-2 Sewer Use Upon motion duly made and seconded, it was voted to schedule a Sewer Use Charge Charges Implementation Hearing on November 19, 1984, at 8:00 p.m. , in the Selectmen's Imp lementa- Meeting Room, Town Office Building. tion Meeting -7- 9 Selectmen's Meeting October 15, 1984 Mr. Hutchinson reported that there are uncommitted FY'85 State Funds 1984 S.T.M. for collection systems projects now available, noting that the only way Article Lexington could be considered for these funds would be if the Town made a commitment to the State that a Special Town Meeting would be held when and if the grant is approved. He advised that the Town's position in requesting a grant would be stronger if Town Meeting approval was given beforehand and requested that an article for sewer funding be placed on the Warrant for the 1984 Special Town Meeting. Upon motion duly made and seconded, it was voted to insert an Article in the Warrant for the 1984 Special Town Meeting to request funds for sewer main and sewerage system projects. Mr. Hutchinson noted the pro and con position statements of the Execu- Binding tive Board of the Massachusetts Municipal Association on Binding Arbitration Arbitration legislation and the MMA vote to place the issue before the entire MMA member- ship at the upcoming Annual Meeting in Hyannis. He pointed out that he had presented his position, firmly in opposition ,to adoption of a binding arbitra- tion (closure) mechanism, in a statement which appeared in the material distri- buted to the Board. He asked for sense of the Board to allow Mrs. Battin, the voting member, direction on the matter at the MMA meeting in Hyannis. Mrs. Battin, who also stated her opposition, said she hoped that some degree of flexibility could be allowed to at least consider other options which might be offered, to ensure participation in dialogue of MMA staff with the State. Mr. Marshall, also opposed, stated that in the event adoption appears to be a possibility, he would like consideration by MMA of a procedure whereby input could be provided to the Legislature. It was agreed by all that Mrs. Battin and Mr. Eddison should voice the Board's strong opposition to adoption of a binding arbitration (closure) mechanism. Mr. Hutchinson informed the Board of a request he had received from Unification the Holy Spirit Assocation for the Unification of World Christianity to Church - sell flowers from a stand to be located on the public way at the intersec- tion of Worthen Rd. and Mass. Ave. (near Medi-Mart) on Fridays and Saturdays, from 2 p.m. to 7 p.m. , until the end of November. Mr. Sacco expressed concerns about the impact of this operation on the Lexington marketplace and that the activity might consitute a public nuisance at that location. Upon motion duly made and seconded, it was voted to deny the request of the Holy Spirit Association, based on the policy of the Board that use of pub- lic ways for commercial enterprises by non-local residents or groups is not permitted. The petitioners will be advised to seek a location on private property. Upon motion duly made and seconded, it was voted by roll call vote 5-0, Executive ,�.R Mrs. Battin, Mr. Sacco, Mr. McLaughlin, Mr. Marshall, Mr. Eddison, to go Session )'1 -S into Executive Session for discussion of matters of real estate negotiations, with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 11:00 p.m. Noir, A true record, Attest: „, , , /7, b iNt 1 6 Marion H. Snow �. '‘' Executive Clerk yam A :;4.11 5 ; i . T SELECTMEN S MEETING �E October 29, 1984 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, at 7:30 p.m. Chairman Battin, Mr. Sacco, Mr. McLaughlin, Mr. Marshall, Mr. Eddison; Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Ms. Adler, Assistant to the Town Manager; Mrs. Snow, Executive Clerk, were present. Upon motion duly made and seconded, it was voted to approve the minutes Minutes of the Selectmen's Meeting of October 15, 1984, as corrected. 10/15/84 Upon motion duly made and seconded, it was voted to make the following Fair Hous- appointments to the Fair Housing Committee: ing Comm. Hillary H. Harris 8 Bryant Road appts. William T. Spencer 32 Hancock Street Length of terms will be determined following appointment to fill the last remaining vacancy on the Committee. Mrs. Battin reviewed information gathered as to the interests and accom-Charles E. plishments of Charles E. Ferguson, in whose memory a bequest of $5,000 has Ferguson been made to the Town. Regarding uses for the funds, the Town Manager sug- Fund gested that purchase of audio and view-graph equipment for use at Town Meet- ing might be appropriate, in connection with Mr. Ferguson's service as Town palm Moderator. He also suggested some degree of financial support for a Student Mock Town Meeting with the remainder in a trust fund for purchase of athletic equipment for schools.from the income. Mr. Sacco, Selectman Liaison to the Youth Commission, expressed some reluctance to committing funds for a Mock Town Meeting before ascertaining the Commission's willingness to participate. He noted that the Commission had, for the past few years, chosen to conduct a Student Government Day because of the heavy demands of a Mock Town Meeting. He suggested funding of a room in the Senior Center to be called the Charles E. Ferguson room, as well as the purchase of athletic equipment. Upon motion duly made and seconded, it was voted to establish the Charles E. Ferguson Trust Fund, income of which is to be used for purchase of athletic equipment and in ways to encourage the participation of youth in Town govern- ment. Messrs. Saudek, Harding, Connolly and Price, Hill Street residents, were Poor Farm present to inform the Board of their views on the Housing Authority's pro- L.H.A. posal to construct Special Needs duplex housing on a portion of the Poor Housing Farm land on Hill Street. Mr. Saudek stated that their concern is not with the use proposed but with the density and the size and type of housing on the small lot. He noted that a petition to that effect had been signed by 27 neighbors. He added that they saw no problem with the one-family structure originally proposed and concurred that there is need for housing for the retarded, but would want assurance that the two-family house would be built in conformance with the Zoning By-Law. He asked that this requirement be included poft in the text of the Warrant Article. $ The Town Manager will confer with the Housing Authority on specifics of the proposal and will investigate if, as an educational use, the construction would be subject to zoning regulations. The Authority will also be asked to mpg confer with the Conservation Commission regarding impact of the proposed larger building on wetlands. Human Services Committee will be asked for documentation on the need for such Special Needs Housing. MAPC Mrs. Frick, MAPC representative updated the Board on current Lexington Update related activities of the Counsel regarding the HATS Traffic Study, pro- posed legislation to create a Water Resources Authority and the Transporta- tion Improvement Program (TIP) . Mr. Hutchinson will confer with Executive Director Zaleski regarding Lexington's funding needs for North Lexington Road improvements and their priority in the State' s Traffic Improvement Plan. Upon motion duly made and seconded, it was voted to accept with ap- preciation Mrs. Frick's report on MAPC activities in current projects and proposals. Educa- Mrs. Battin noted the invitation received from the Minuteman VoTech tional School to attend a meeting on November 8, dealing with the State Educa- Ref orm tional Reform Bill. Because of conflicting appointments on that night Bill of Board Members and the Town Manager, Mr. Hutchinson will arrange for the attendance of Staff at the Meeting. One-Day Upon motion duly made and seconded, it was voted to approve the Liquor request of Arts/Lexington for service of wine in the Cary Memorial License Building on November 2, 1984, at a reception to follow the Tom Rush Tom Rush Concert, and to approve Arts/Lexington's application for a One Day r,N,i Concert Liquor license to cover that occasion. Traffic Upon motion duly made and seconded, it was voted to refer the fol- Items lowing traffic items to the Traffic Safety Advisory Committee for its Mintz review and recommendations: Grey Request of Ruby F. Mintz for directional signage at the jug-handle at Bedford Street/Hartwell Avenue. Request of George Grey for installation of a "GO SLOW - CHILDREN" sign at Sutherland/Stevens Roads. One-Day Upon motion duly made and seconded, it was voted to ratify the Auc- poll vote on October 19, 1984, to approve a One Day Auctioneer License tioneer for Mohsen Mehran Nej ad, an auction to be held at the Knights of Colum- License bus Hall on October 28, 1984. 1984 Upon motion duly made and seconded, it was voted to ratify the poll Special vote on October 19, 1984, to insert an Article in the Warrant for the 1984 Town STM, requesting funding of the purchase of computer assisted assessment Meeting equipment, as requested by the Board of Assessors. POW/MIA Upon motion duly made and seconded, it was voted to approve the request Flag of Lexington Lodge N o. 2204, B. P. O. Elks, to raise the POW/MIA flag on 11/12/84 the Lexington Battle Green on Veterans Day, November 12, 1984, and to al- low it to be flown beneath the American flag for a period of up to one month. } -3- Mr. -3- Mr. Eddison reported on the October 26th, 27th, 28th Massa- MMA chusetts Municipal Meeting in Hyannis; which he, Mrs. Battin and Annual Mr. Hutchinson had attended, noting several issues which had been Meeting addressed; such as: Hazardous Waste, Prison Siting and others. The major issue considered had been Binding Arbitration Legis- lation. He reported that, in essence, the MMA will resist any closure mechanism; but if proposed, will proceed within the guide- lines recommended by the MMA Executive Committee on Closure/Labor Relations. Mt. McLaughlin outlined his proposal for a strategic planning "Lexington process regarding "Lexington 2,000". 2,000" He gave examples of past decisions which could be considered examples of "avoidable mistakes", and requested members to submit any others they recalled. He felt that if there had been signi- ficant numbers of "avoidable mistakes" attempt could be made to ad- dress mechanisms which may reduce their number in the future. Another area to be addressed would be pushing out horizons. He recommended that a determination be made as to whether the strategic planning process should be pursued; and, if so, he re- quested suggestions on any changes to his proposal. Regarding areas of problems to be addressed, he suggested that as a starting point, the three major Boards, plus the Housing Author- ity should be asked to individually discuss strategic objectives of �■► the next 10 to 15 years to identify topic areas and list their priorities. Mr. Marshall recommended collection of data and information on what is currently happening in Town in order to accomplish problem identifi- cation. Mr. Eddison agreed that data gathering was important noting that this was an ongoing process in the Planning Department. He hoped other agencies would cooperate in this effort. He felt that a 5 to 6 year rotational planning system, which could be revised, if needed, from time to time, was preferable. He was in favor of a shorter time horizon. Mr. McLaughlin was not in favor of the 5-year plan concept which he felt would tend to be non-strategic. He would see as a first step the de- velopment of a matrix by Town Agencies and Staff. Mr. Hutchinson noted the work load of Town Agencies and Staff with respect to support for Committees, and recommended that temporary outside help in the development of a report. While it was generally agreed that this planning process may even- tau l ly require formation of a Committee, it was thought that the first step identification of long-term issues was a good starting point. The Board concurred with Mr. McLaughlin's recommendation that is- sues should be surfaced by the Selectmen, Planning Board, School Committee and Lexington Housing Authority before designing of a process and to defer formation of a Committee until that has been accomplished. Mr. McLaughlin ommft will draft a letter for distribution t o the above-mentioned major Boards requesting a one-page response, outlining primary concerns and potential problems. Mrs. Battin will confer with the Chairmen of those Boards prior to a meeting to be scheduled for discussion of "Lexington, 2000". 11 -4- ) -4- TMMA Paul Hamburger, Chairman of the TMMA Executive Committee, was Info present to ask about scheduling of an Information Meeting prior to Meeting the Special Town Meeting on November 26. It was agreed that the Poor Farm Article could be covered at a discussion scheduled for the Selectmen's Meeting on November 19 ,,,,y and that there seemed no need for additional meetings regarding the Computer Assessment System Article and the Sanitary Sewers Article. Mr. Hamburger will make arrangements for a TMMA Information Meeting to be held on November 20, either in one of the school auditoriums or in Estabrook Hall. Sewer/ Mr. Hutchinson asked for authorization to send letters to Sena- Water tor Kraus and Representative Doran regarding legislation concerning Au- the proposed Sewer and Water Authority and to further expand that thority effort to all 51 MDC Communities to insure that there is opportunity for review of any legislation which would impact the communities prior to its being voted. Upon motion duly made and seconded, it was voted to authorize the Town Manager to convey the above-mentioned information by letter to the Legislators and to the 51 MDC Communities. Traffic - The Manager reviewed the request of Stephen Crowne regarding Simonds/ the impact of commuter-related parking on Simonds and Gleason Roads Gleason, and Town Engineer Fields' memo giving parking counts on those two Crowne streets. The Manager recommended continuation of parking on one side only on Simonds Road during winter conditions but felt that the data shown on Mr. Fields' parking count, which indicated no great im- Imo pact, would not justify added restrictions on Gleason Road. Upon motion duly made and seconded, it was voted to accept the recommendations of the Town Manager that no changes in parking regu- lations be made on Simonds and Gleason Roads. Canna- Upon motion duly made and seconded, it was voted to defer action longa on the request of Nicholas A. Cannalonga for abatement of sewer as- Sewer sessment charges on Lot 17A, Waltham Street, Map 10, in the amount of Abatement $16,632.19, pending further review of the matter by the Town Manager. Olson Upon motion duly made and seconded, it was voted to abate sewer Sewer betterment charges_in the amount of $894.20, on land at #94 Wachusett Charge Drive, owned by Lester H. L. Olson, as recommended by the Town En- De- gineer. Mr. Fields, in his memo of October 22, had noted that Mr. ferral Olson receives no benefit from the new sewer to the east of his dwel- ling; and, thus, the betterment should be abated. Gift Upon motion duly made and seconded, it was voted to authorize Tree the Town Manager to accept the offer of the Moretti Family to have Moretti a tree planted on park land at Rindge Avenue, in memory of Joseph Family A. Moretti and Patsy L. Moretti. -5- The Board reviewed the recommendations of the Town Manager relative Traffic to the suggestion of the Traffic S. A. C. to reduce the number of parking Item spaces on the Town lot behind the school from 12 to 4 spaces in the in- Adams terest of the safety of Waldorf students playing there and based upon School low parking use on the lot. Mr. Hutchinson recommended against this solu- tion, which he said, would compromise public access to the facility. He suggested on an experimental basis blocking off the parking lot during school hours with installation of a sign directing parkers to the upper parking areas during that time. Upon motion duly made and seconded, it was voted to adopt the recommendations of the Town Manager to block, on an experimental basis, the rear parking lot at the Waldorf/Adams School, with installation of signage directing parkers to the upper lot during school hours. Mr. McLaughlin noted the time frame which had been projected re- Franklin garding the selection process of ranklin ho ., onversion proposals School and recommended that the date Or final selecti&I be amended from Con- November 19, 1984 to December 3, 1984, because of the heavy agenda version on November 19, 1984, and preparation for the Special Town Meeting. The Board concurred with Mr. McLaughlin's recommendation for extension of time. Upon motion duly made and seconded, it was voted by role call vote, Executive 5 - 0, Mrs. Battin, Mr. Sacco, Mr. McLaughlin, Mr. Marshall, Mr. Eddison, Session pmft to go into 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 10:10 p.m. A true record, Attest: ( (flajA67- 41/4„. f\-C? Marion H. Snow Executive Clerk .r-