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SELECTMEN'S MEETING
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July 1, 1985
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, July 1, 1985 at 7:30 p.m. Chairman
Eddison, Mr. Marshall, Mr. Dailey, Mrs. Smith, Mr. McSweeney, Mr.
Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Ms. Adler, Assistant to
the Town Manager; Mrs. Deshler, Principal Clerk, were present.
PUBLIC HEARING - BOSTON EDISON - BEDFORD ST. CONDUIT
At 7:30 p.m. the Chairman opened a Public Hearing on the petition of
the Boston Edison Company for the purpose of obtaining a grant of location
for proposed conduit and manhole installations from Hartwell Avenue to
Lexington/Bedford Town Line. Mr. John Kelley, representing Boston Edison
Company, was present, explained that this work is necessary in order that
the Company can increase its distribution capacity. This petition was
previously granted at a Board of Selectmen's hearing on August 26, 1985,
however, due to a conflict of existing utilities Boston Edison has proposed
a new location for their conduit and manholes, which is agreeable with the
Public Works Office.
Mr. Eddison noted the memorandum from Mr. Tonaszuck, Director of Public
Works/Engineering recommending in favor of the petition.
Bedford Street, being a State Road, a State Permit will be required.
There being no statements in favor or in opposition, the Chairman
declared the hearing closed.
Upon motion duly made and seconded, it was voted to approve the
petition of the Boston Edison Company for the purpose of obtaining a grant
of location for proposed conduit and manhole installation from Hartwell
Avenue to Lexington/Bedford Town Line.
PUBLIC HEARING - BOSTON EDISON - HAYDEN AVENUE/CONDUIT
A Public Hearing was opened by the Chairman on the petition of the
Boston Edison Company for the purpose of installing approximately fifty-five
(55) feet of conduit in Hayden Avenue. This work is necessary in order to
insure electrical reliability in Hayden Avenue section of Lexington.
A memorandum from the Director of Public Works/Engineering recommending
in favor of the petition was noted by the Chairman.
There being no statements in favor or in opposition, the Chairman
declared the hearing closed.
Upon motion duly made and seconded, it was voted to approve the
petition, plan and order of Boston Edison Company for the purpose of
installing approximately fifty-five (55) of conduit in Hayden Avenue.
Pm* PUBLIC HEARING - BOSTON EDISON - PLEASANT STREET/CONDUIT
At 7:36 p.m. a Public Hearing was opened by Chairman Eddison on the
petition of Boston Edison Company for the purpose of installing
approximately eight-five (85) feet of conduit in Pleasant Street. This work
is necessary to supply electric service to two lots owned by Gerald Mimno
located off Pleasant Street, Lexington, MA.
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A memorandum from Mr. Tonaszuck, Director of Public Works/Engineering
with the following conditions was noted by the Chairman:
1. Conduit must go behind hydrant with all digging done by hand.
2. The Contractor for Gerald Mimno must obtain from the Town of
Lexington all necessary permits and insurance coverage. The
Contractor shall notify the Town of Lexington two (2) days
prior to the commencement of work.
There being no statements in favor or in opposition, the hearing was
declared closed.
Upon motion duly made and seconded, it was voted to approve the
petition, plan and order of the Boston Edison Company for the purpose of
installing approximately eighty-five (85) feet of conduit in Pleasant Street
with conditions as listed above.
MINUTES JUNE 2,/JUNE 17, 1986
Upon motion duly made and seconded, it was voted to approve the minutes
of Selectmen's Meeting of June 2, and June 17, 1996 as amended.
TRAFFIC SAFETY ADVISORY COMMITTEE REPORTS
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Mr. Peter Chalpin, Chairman of the Traffic Safety Advisory Committee,
was present for review of the Committee's several traffic items.
WINTHROP ROAD/RELOCATION OF "CAUTION CHILDREN" SIGNS/BONNER REQUEST
The Board reviewed the request of Mrs. Janet Bonner regarding
relocation of the two existing "Caution Children" signs and increased
enforcement of speeding laws.
Mrs. Bonner was present and outlined the problem of speeding on
Winthrop Road, and answered questions on the problem from the Board.
Upon motion duly made and seconded it was voted to accept the
recommendations of the Traffic Safety Advisory Committee on the request of
Mrs. Janet Bonner for increased enforcement of speeding laws and relocation
of the two existing "Caution Children" signs.
LILLIAN ROAD / "SLOW CHILDREN" SIGNS - PAYNE REQUEST
The request of Ms. Debra Payne regarding the posting of 2 "Slow
Children" signs and the lowering of the speed limit on Lillian Road was
reviewed by the Board. Some discussion ensued from members of the Board
pertaining to the collection of hard data as to the number of cars and when
the speeding on Lillian Road takes place.
The Traffic Safety Advisory Committee recommended against changing the
speed limit but that enforcement of existing speed limit was necessary. The Iwo
Committee also recommended the installation of two "Caution Children" signs
and consideration of sidewalk construction during the upcoming budget
process.
Selectmen's Meeting July 1 , 1986
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Upon motion duly made and seconded, it was voted to approve the
recommendations of the Traffic Safety Advisory Committee for the continued
enforcement of the existing speed limit and the installation of two "Caution
Children" signs on Lillian Road.
PARKING BAN ON STEDMAN ROAD / LEXINGTON SCHOOL DEPARTMENT/MR. MACINNES
REQUEST
Mr. James MacInnes of the Lexington School Department was present to
discuss his request for a "No Parking" regulation on the southerly side of
Brookside Avenue, from Waltham Street to Stedman Road. He explained to the
Board that when special events are taking place at the Clarke Junior High
School, attendees of the events park on both sides of the road of Brookside
Avenue making it impassable for emergency vehicles.
The Traffic Safety Advisory Committee recommended approval of the
request.
Upon motion duly made and seconded, it was voted to approve the
recommendation of the Traffic Safety Advisory Committee for a "No Parking"
regulation on the southerly side of Brookside Avenue, from Waltham Street to
Stedman Road.
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LOWELL STREET/NO PASSING - TEMMALLO REQUEST
The Board reviewed the request of Mr. Robert Tenimailo for a double
yellow centerline on Lowell Street, from East Street to the Burlington
line. Portions of this area now have a double yellow line, while others do
not, and permit passing.
The Board recommended upgrading of enforcement in this area. Mr.
Hutchinson responded that one of the biggest concerns was the increase in
traffic items over the past few years and that Lexington has had a record of
good enforcement in traffic areas and that the Town will continue to build
on this record.
Upon motion duly made and seconded, it was voted to accept the
recommendations of the Traffic Safety Advisory Committee and grant approval
of Mr. Temmallo's request for a double yellow centerline on Lowell Street,
from East Street to the Burlington line, allowing no passing in this entire
area.
CLARKE STREET/PARK DRIVE - HEWER REQUEST
Upon motion duly made and seconded, it was voted to table for further
study the request of Mr.s Alexandra Hewer regarding concerns about traffic
and other issues on Clarke Street and Park Drive near the ball field.
MILITIA DRIVE/NO PARKING - BROWN REQUEST
Upon motion duly made and seconded it was voted to approve the request
of Mr. Otis Brown as recommended by the Traffic Safety Advisory Committee
for a "No Parking" regulation on Militia Drive, at the entrance from Worthen
Road and along the southwesterly side.
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LEXINGTON HOUSING ASSISTANCE BOARD -- RESIGNATION - KENNEDY
Upon motion duly made and seconded, it was voted to accept with regret
the resignation of Mr. William P. Kennedy, effective immediately, from the
Lexington Housing Assistance Board.
TOWN REPORT COMMITTEE - REAPPOINTMENTS/APPOINTMENTS
Upon motion duly made and seconded, it was voted to approve the
following to the Town Report Committee for a term to expire on June 30,
1987:
Erna S. Greene 25 Bridge Street
Ruth Karpinski 24 Wyman Road
Robert Morrison 73 Blake Road
Elaine Sullivan 31 Chase Avenue
Louis A. Zenner, Emeritus 6 Fair Oaks Drive
Chang Kim 8 Essex Street
Julie Triessl 94 North Street
STATE VS COUNTY I JAIL RESPONSIBILITY
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Upcal motion duly made and seconded, it was voted to table the decision N""'
of whether the state should take over the county's jail system.
Representative Doran and Senator Kraus will be contacted for further
information on this matter.
REQUEST FOR USE OF BATTLE GREEN/"BIKE FOR PEACE"
A request has been made by Mr. Robert Harris, Chairperson, First Parish
Church and Follen Church Committees, for use of the Battle Green on July 21 ,
1986 at noon by "Bike for Peace" group that is being sponsored by Teamworks,
Inc. The group is made up of riders from the Soviet Union, Czechoslovakia,
Canada and the United States who will leave Kiev on June 22, ride to Prague,
fly to Montreal and then bike to the U.N. in New York. The Unitarian-
Universalist Churches have accepted the responsibility of coordinating these
stops in North American Towns. The Green will be used by the group for
ceremonial use only. All insurance issues will be taken care of by
Teamworks, Inc. thru Great American Surplus Lines Insurance Co. Mr. Neil
Cronin will be asked to help coordinate a tour of the Green for the group.
The request will be taken up again at the Selectmen's Meeting of
July 15, 1986, when details of the visit will have been completed
TRAFFIC ITEMS REFERRED TO T.S.A.C.
Upon motion duly made and seconded it was voted to refer the following
requests to the Traffic Safety Advisory Committee for its review and ungit
recommendations:
Selectmen's Meeting July 1, 1986
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Curved Yellow Median Line, s en t tle Road intersection
Mr. Ostrow request.
Blind Driveway sign at *673 a thaw St eet - Ms. Hedges request
BOND ANTICIPATION NOTE, CHIESA AND WEST LAND
Upon motion duly made and seconded, it was voted to accept bid from
Bank of Boston on Bond Anticipation Notes.
GSA REPORT/HASCOM AIR BASE
Upon motion duly made and seconded, it was voted to ratify the 2 year
extension request from GSA as suggested by Massport. Mrs. Smith abstained
from voting.
EXECUTIVE SESSION
Upon motion duly made and seconded, it was voted 5 - 0 by roll call
vote, Mr. Eddison, Mr. Marshall, Mr. Dailey, Mrs. Smith, Mr. McSweeney, 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
9:20 p.m.
A true record, Attest:
a,f-tdity- Aat-d-4.--
Audrey E. Deshler
Principal Clerk
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SELECTMEN'S GOAL SETTING MEETING
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July 2, 1986
Present: Selectmen John Eddison, Paul Marshall, William Dailey, Jacquelyn
Smith, Leo McSweeney and Town Manager Robert Hutchinson
Chairman Eddison called the meeting to order at 10:20 A.M. pointing out that
Selectman Dailey will be with us shortly.
I. BOARD RELATIONSHIPS
Board relationships with Town Agencies - Board members felt that the
Selectmen should continue to give a sense of direction through their goal
setting process about their concerns to Town agencies appointed and elected
so that we are not in a reactive mode to policy issues. Chairman Eddison
referenced relationship with elected boards and the need to foster
cooperation with boards like the Planning Board and School Committee who
are also independently elected.
Selectman Smith pointed out that the Planning Board was preparing a
long-range plan and that the work has been generally good while perhaps
somewhat voluminous and overly detailed, e.g. , the housing component. She
raised concern that the economic development component of the comprehensive
plan should be underway. Specific concern about issues such as the recent
developments at Bedford and Worthen Roads relating to massive buildings and
traffic argue for a review of zoning and economic development in order to
minimize the impact of such developments. Chairman Eddison said that he
and the Manager would meet with the Chairman of the Planning Board and the
Planning Director to review priorities as well as schedule a meeting in the
Fall for the Board of Selectmen with all board and agency chairmen to
review concerns.
Leo McSweeney said as a new Board member he was concerned that the Board be
proactive rather than reactive. Paul Marshall pointed out that it may be
appropriate in certain areas but can't be in all, e.g. , the Planning Board
does not have to necessarily reflect agreement with the Selectmen on what
it proposes for the Town.
Board Relationships with the School Committee - Board members stressed that
the spirit of cooperation should be emphasized recognizing that costs for
Town/School operations must be contained if we were to maintain service
levels within 2 1/2. The Manager continued to point out the disparity of
sick leave buy-back as a benefit offered only to teachers that was a
growing large financial burden to the Town as a whole and creating labor
unrest with the union and non-union employees throughout the Town who
wanted a similar benefit. These specialized benefits should be reviewed
for a contract change so that we can avoid this kind of confrontation. It
P"` was agreed that Jack Eddison, Paul Marshall and Bob Hutchinson would meet
with Tony Clough and Geoff Pierson to address this and other issues.
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Goal Setting Minutes -2- July 2, 1986
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Board Relationship with Financial Committees - Bill Dailey suggested we
forge a new relationship with the financial committees while working on
fiscal discipline for the School and Town. It was pointed out that the
Moderator really controls the makeup of the committees and we should
continue to encourage the appointment of people with financial or business
backgrounds. It was suggested that Bill Dailey, Jack Eddison and the Town
Manager meet with the Moderator and appropriate parties to review how we
can build on this relationship.
Board Relationship with Town Meeting -- The Selectmen felt the Town Meeting
process worked well this year and instructed the Manager to stay with the
financial agenda first on the warrant and agreed that we should continue to
give an outline of what was expected to be dealt with at each Town Meeting
so that people would have some sense of time and expectations.
Board Relationship with Legislators - Board members felt that the response
of Legislators in attending Selectmen's meetings was productuctive but it
was also thought to be appropriate for the Chairman to meet with Senator
Kraus and Representative Doran to review Town concerns such as local aid,
county jail assumption cost so that a dialogue could take place independent
of the regular public meeting process. All Board members were concerned
with the fact that Senator Kraus' position on local aid did not appear to
be responsive to suburban issues.
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Board Relationship with HATS (Hanscom Area Traffic Study) - Leo McSweeney
agreed to serve and add new emphasis to this committee as the problem of
economic development and accordant traffic congestion was going to be a
primary issue for not only Lexington but all Towns and we did not. want our
own efforts to be of no avail if others were going to proceed with massive
development while we were dealing with down zoning and the like.
II. 1986 Goals - status review. The Board and the Manager looked at FY 86
goals recognizing that some items were ongoing such as golf course
acquisition and lease, Hartwell Avenue, Bedford Street, Marrett Road. It
was agreed that Jack Eddison and the Manager would pursue expedition of
both of these street construction programs. It was further agreed that
Battlegreen Regulations which had been prepared in 1985 would be officially
adopted recognizing the work of Selectmen Battin and Politi.
III. Town Manager
A. Staff support for committees - The Manager advised the Board to be
cautious in the designation of advisory committees because more
recently with the addition of committees there was an effort to create
subcommittees which adds to the administrative burden compromising our
ability to serve these volunteer citizens. The Board agreed that
before subcommittees are appointed or advisory committees appointed by
the Board, their objectives and status should be reviewed by the Board
with authorization to proceed or not proceed. um.
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Goal Setting Minutes -3- July 2, 1986
B. Manning.level demands - The Manager did state that current manning
levels seemed to be adequate for the Town while there was a continuing
administrative demand. Leo McSweeney asked if we had enough
policemen. The Manager responded "yes, if we could get all of our
vacancies filled in a timely way." Civil Service continues to be a
problem from the standpoint of getting timely lists and there is an
extended requirement for training before a police officer assumes his
duties.
C. Relationship with Department Heads and Staff - The Board and the
Manager reviewed the structural relationship and reaffirmed the de
jure and de facto situation consistent with the Selectmen/Manager Act
working through the Manager dealing with Department Heads so that work
could be appropriately coordinated and that the chain of command is
reinforced so we can execute in an efficient manner.
IV. Fiscal Planning
A. Multi-year plan. The Manager reviewed three scenarios with the
Selectmen pointing out that if assumptions change the picture can
range from gloom and doom to something more optimistic in the Town's
ability to comply with 2 1/2. It was understood by all that declining
debt would no longer exist and that expenses such as sewer and water
costs were going to have to move to a fully self-supporting basis.
Selectman Marshall said that it was entirely appropriate with the
constraints of 2 1/2 that all of capital operating and overhead costs
be funded through fees to support the sewer and water systems. Bill
Dailey agreed if it were necessary but didn't feel we should-
automatically escalate fees to a full enterprise basis. All Board
members agreed that the magnitude of future increases from the Sewer
and Water Authority should be fully borne through the rate structure
by passing on the rate increase. It was agreed that we will have to -
continue to monitor fiscal projections so that the Town could sustain
a level of service within the constraints of 2 1/2. The override
question will continue to be a Selectmen policy issue on an annual
basis.
Land Bank - Selectman Eddison asked the Board if they had any leanings
on this issue as Conservation would be bringing it back at another
time and additional hearings might be held. Bill Dailey said he felt
it was an appropriate vehicle for land acquisition. Jacquie Smith
said yes, but other purposes should be considered such as housing to
be supported from such a tax. Leo McSweeney emphasized that housing
should be one of the considerations as well as land acquisition. Paul
Marshall and Jack Eddison felt that adding housing as a component was
appropriate as well as protecting the beauty of the Town through this
resource that provides capacity outside 2 1/2. The Manager reported
that it appeared that special legislation would not be in the offing
for Lexington as the Legislature was considering a local option bill
for all communities that would probably address conservation and
Goal Setting Minutes -4- July 2, 1986
11.0
housing as legitimate goals for the revenue. He pointed out that he
felt that housing and general purposes as well as land acquisition
should be considered because this gives the Selectmen and Town Meeting
the widest amount of discretion for decision making.
C. Golf Course Acquisition - The Board stated that it would review
options with Counsel so that we can expedite where the Town is going
on this matter.
D. School Committee
1.) Collective bargaining strategy -- The Manager reiterated that the
School system has almost $500,000 liability for a sick-leave
buyback program and that this benefit should be deleted or
curtailed as it does not reduce sick leave, is costly to the Town
and now has all other employees, union and non-union, asking why
they don't receive a similar benefit particularly when they work
a longer year then teachers. It was agreed that the Chairman of
the Board, Paul Marshall, Town Manager, Geoff Pierson and Tony
Clough should meet to review mutual collective bargaining
concerns as contract negotiations will be coming up for the
school and the Town. It was suggested that the Personnel
Advisory Board be used as a resource in the discussion of policy
options. mod
2.) School Renovation program - Board members unanimously felt that
with a $12 million renovation program underway that the
maintenance structure of the Town should be consolidated to
protect the assets that we have that is the value of our
buildings. Particular concern was raised about the condition of
the high school based upon the tour of that facility. It was
agreed that this would be discussed at an appropriate meeting
with School Committee representatives and that an appropriate
report on this issue should be brought back to the 1987 Town
Meeting.
E. Reevaluation - The Manager pointed out that we had a considerable-work
load in the Assessor's Office as we are completing the evaluation of
residential property and looking at approaches for updating values for
commercial in order that full valuation be completed this year. Board
members stressed that the Town should push ahead providing additional
resources if necessary so that tax bills and classification decisions
could be completed in order to avoid an estimated tax bill if at all
possible. Paul Marshall volunteered to review the Town's methodology
to see if he and/or one of his associates could give us some direction
on expediting this process. The Manager stated he just wanted them to
be aware of their options and agreed that we should try to get the
bills out this year with the new tax rate as people were ready to
receive their bills and the rate would drop substantially. '~"'�
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Goal Setting Minutes -5- July 2, 1986
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V. ENVIRONMENT
A. Development Concerns - Selectman Smith reemphasized that we need to
have an economic development component done by the Planning Board in
order to prevent the kind of development problems we are having at
Bedford Street and Hartwell Avenue and a compounding thereof. It was
agreed that Jack Eddison and the Manager would meet with the Planning
Board Chairman and the Planning Director to see where this component
fit into the Planning Board's scheme of workload. Jack Eddison raised
the issue of a Design Advisory Group for the Center to review
aesthetic concerns. Board members asked Selectman Eddison to bring
back a specific proposal at a subsequent meeting. Paul Marshall
raised the issue of the structure of the Center Revitalization
Committee stating that it was important that there be a balanced view.
B. Traffic - The full Board stated that it was time to review again
traffic on all major streets, connectors and arterials because of the
volume of complaints that they were receiving.
VI. PUBLIC WORKS
The Manager gave a brief review of the status of sewer, water and rood
projects and discussed briefly current assessment policy and interest
rates. The Board stated that legislation and/or regulation should be
revised to allow for an interest rate charge plus an administrative fee for
public improvements. Current long-term finance options which allow for a
lower interest rate to the individual homeowner than what it costs the Town
to borrow was deemed unacceptable and unfair to the remaining homeowners.
The Manager stated he would bring in a revised proposal in the early Fall
to discuss with our legislators.
VII. PUBLIC SAFETY
A. Traffic - Consistent with Board concerns about traffic, the Manager
advised the Board that the Polic Department/had ordered equipment to
place radar in all of our patrol vehicles to increase an already
aggressive traffic enforcement plan. The Board members asked to
receive a periodic update on enforcement efforts particularly
tied to complaint areas and the Manager said he would so advise.
B. Selectman McSweeney raised concerns about drug and alcohol enforcement
particularly within the schools and wanted to know what our
relationship with the schools was and what was the scope of the
problem within Town. The Manager stated that he was getting a report
from the Police Chief for an update on information but further
emphasized our relationship with the schools has been one of general
m•m excellent cooperation on this issue. Most recent reports continue to
emphasize that while drugs are a problem, alcohol is the biggest
problem with the adult and young adult population. The Manager stated
that he would give them a report in the Fall.
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Goal Setting Minutes -6- July 2, 1986
VIII. HOUSING
The Manager stated that he was reviewing the Mass. Housing Partnership Program
to see what opportunities might be available but pointed out that public lands
would have to be looked at for affordability if any home ownership items were to
be seriously considered. This would include looking at old school sites. Board
members indicated that an aggressive effort should continue to provide
affordable housing opportunity but more emphasis might be given to rental
housing. This would be listed as an item for discussion with appropriate
agencies such as the Housing Authority, Planning Board and LexHAB in a
fall/winter meeting. Selectman Eddison and the Manager will coordinate.
Ix. MUNICIPAL PAY PLAN
The Manager presented a proposed pay plan for non-union employees that called
for a 3% adjustment to the management ranges, a 61% adjustment to the clerical
ranges and 5% for special positions. The Manager pointed out that individual
increases range all the way from 3% to 10% with the total cost for the 40
management employees of approximately $78,000 or an average increase of 6.2%;
for the 28 clerical employees a cost of $30,069 or an average increase of 6.6%;
12 employees in the special with an average increase of 61% at a cost of
$28,069. In addition, the Library employees, because of mid -year adjustments,
averaged 7.32%. The ranges were reviewed _by the Personnel Advisory Board and
have their support. Individual increases are the responsibility for the Manager
to make within the ranges. Board Members adknowledged that this had been a '_
busy, constructive year and stated that this plan appeared to be acceptable. It
was noted that the proposed increases were once again running in excess of the
rate of inflation and that some lessening of increases should be looked at next
year. The Manager emphasized that the non-union employees of the Town were all
performance rated and did not enjoy the benefit of automatic steps. The Manager
was asked to leave while they discussed his performance. Town Manager
Hutchinson then left. After some discussion, the Manager was invited to return.
Selectmen Marshall made a motion, seconded by Selectmen Dailey and the Board
voted to accept the proposed pay plan and establish a salary of $67,000 for the
Town Manager.
The Manager was instructed to bring back goals at a subsequent meeting for
additional discussion and adoption.
The Meeting concluded at 8:15 P.M.
Respectfully submitted,
1:7)144P4• Robert M. Hutchinson, r.
Town Manager
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SELECTMEN'S MEETING
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A regular meeting of `the Board of Selectmen was held on Tuesday,
July l=, 1985 in the Selectmen's Meeting Room, Town Office Building, at
7:30 p.m. Chairman Eddison, Mr. Marshall, Mr, Dailey, Mrs. Smith, Mr.
McSweeney; Mr. Hutchinson, Town Manager; Mr. Cohan, Town Counsel; Ms. Adler,
Assistant to the Town Manager; Mrs. Snow, Executive Clerk, were present.
REQUEST FOR USE OF BATTLE GREEN - "BIKE FOR PEACE"
The Chairman referred to discussion on July 1st, of the request of Mr.
Harris for use of the Battle Green by participants of the International
"Bike for Peace-BE" project on July 21, at 12 noon.
The group also asked for endorsement of an "appeal" which would be
taken by the cyclists to the United Nations General Assembly in New York,
stating goals of stopping the arms race; maintaining outer space for
peaceful uses; and banning of nuclear weapons by the year 2,000.
. iscn saif. h.e ?oL,1.2 be 4iilin t: greet t:i£ visitcrs tnat
occasion but was not in favor of endorsing the appeal statement as prepared
,,�... by the proponents of the project.
FpcYmrti:r t xsr J 4 made are, c—ec�+ide:s, it ' p� voted
oteJ rL a uthri r_
za -. h a i r: n
Ef f:+s on, w t : will
ill gree} the
e "Fite f-L F E 2ETr ar t_c i man}C
e: pre w s :n b'r+ al r :f +r i-e `ar d a i e i 4 f:r peace a j d i 7r�+Zl Lm L nt at i::
of ways to acquire it in an appropriate way.
REGIONAL COMMERCIAL GROWTH MANAGEMENT PROPOSAL
Mr. E Ldi W 1s n:ted a parer prepared an pr eEe ted by Robert 3:wyer at
the National :onference :n Suburbs: E f presswa+'r s and Beltways, itn i..FTe 2,
198 , entitled "Regional Commercial
ommercial Growth
Management" . The pr_r_
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points of the program proposed are: . . a major increase in the capacity :f
suburban cities and towns to understand and deal with the relationship
between land development and traffic :demand; 2. an official Rte. 12
improvement Plan specifying what improvements will be made; 3. a systems of
financial incentives and disincentives administered by the state agencies to
insure compliance with the Rte. 128 plan; 4. a regional system on which
cities and towns can rely.
Mr. Edd i son's draft letter to the Governor, requesting h i s
Administration's support of the Bowyer proposal was reviewed. It was agreed
to amend the draft to emphasize the need for balance between road system
improvements and growth management, since some degree of growth is needed to
offset the limits of Proposition 2 1/2.
Upon motion duly made and seconded, it was voted to approve, as
amended, a letter to Governor :ukakis, to be accompanied by Mr. Bowyer's
Pima June 2nd paper.
RES0=:oN - RICHARD M. PERRY
Mr. Perry, former Town Comptroller, was present by invitation, for
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The appreciation of the Board, or behalf of the Town, Was expressed in the
Resolution which was read by the ha i rman.
In Mr. Perry's response, he referred to his enjoyment in his job
through the years and his pleasure in working with the Selectmen and the
Town Manager.
PARKIN3 LOT PL AN'T:N
Mr. Eddison noted the plantings to date at the School Administration
Building parking lot and pointed out locations for additional tree planting.
He expressed appreciation to Mr. Tonaszuck for the improved appearance of
that area at this time, which will be further enhanced when the landscaping
plan has been fully implemented.
MINUTES - JULY
'J -,r motion dul r made and seconded, it was voted to approve the minutes
of the open session of the Selectmen's Meeting on July 1, 1986. Minutes of
the Executive Session will be acted upon on July 29.
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�t�e� AN: z�.. rr rs r� -r 1:"': �r a r a r*�r i� '!'# T .*~"• THE
:� ����r*.c GREEN r�r�t
RULE AN , SPErT;_�..r.T+ONS RE_�,.�,r#�.y�. �;. THE USE CF HE = _ :� ua EE
Regulations for use of the Battle Green, drafted in 1983 but not
adopted by the Selectmen at that time, were reviewed. Mr. Eddison related
his conversation with former Selectmen Batt in, who had been involved in the
preparation of the draft, and her suggestion that it again be reviewed to
ascertain if the rules would now be overly resfri: _ _e,
Mr. Marshall felt t71a t the rules could be adopted as presented and, if
they proved
ioved t o be t oo s t L:c t, amendments could be made, He
so moved an d t~e
motion
r1ion was seconded.
Mrs. Smith questioned whether item 2.d. referencing the fact that
playing of audio devices at a reasonable volume does act require E. permit,
need be included, noting that "loud operation of audio devices" is listed an
impermissible activit=y under section 4.f. She also asked how and why game
playing by no more than three players under Section 2.e. had been decided
upon. The Manager responded that the basis had been to disallow team
activity on the Green.
Mrs. Smith moved that the rules be amended by deletion of Sections 2.d.
and 2,e. The motion was not seconded.
Mr. Hutchinson explained that the rules had been developed as a result
of concerns expressed at Town Meeting at the lack of guidelines for use of
the Green.
Upon motion duly made and seconded, it was voted to adopt as presented
the "Ruled and Specifications Regulating the Use of the Battle Green" as __
#o t l of ss s
Selectmen' s Meeting -3- July 15, 1986
RULES AND SPECIFICATIONS
REGULATING
THE USE OF THE BATTLE GREEN
The following rules and regulations have been adopted in accordance with the
General By-Law, Article XXV, Section 25, "Protection of the Battle Green" , as
amended. If these regulations or portions thereof, conflict with the By-Law,
the By-Law shall take precedence.
DEFINITIONS
1. a. "Audio device" means any radio, television set, musical instrument, or
other device that produces noise.
b. "Disorderly conduct" means any action intended to cause inconvenience,
annoyance, or alarm, or which recklessly creates a risk thereof; fighting,
threatening or violent behavior; unreasonable noise; abusive language
directed toward any person present; wrestling in vicinity of others;
throwing of breakable objects; throwing of stones; or spitting.
c. "Powerless flight" means any device used to carry persons or objects
through the air; i .e. sailplanes, gliders, balloons, body kites, hang
gliders.
d. "Public use limit" means the maximum number of people or the amount,
size or type of equipment permitted on the Battle Green at one time, as
established by the Board of Selectmen.
On= e. "Special event" means demonstrating, picketing, speechmaking,
marching, holding of vigils, and all other similar forms of conduct which
involve communication or expression of opinions or grievances, engaged in
by one or more persons, the conduct of which has the effect, intent or
propensity to draw a crowd or onlookers.
f. "Wet turf" shall mean any natural condition that would make the Green
vulnerable to excessive damage by heavy wear or use; i .e. heavy rains,
reseeding, drought conditions.
g. "Non-permit activities" shall mean activities that may be engaged in
without a permit issued by the Board of Selectmen.
NON-PERMIT ACTIVITIES
2. Subject to the restrictions in these rules and regulations, permits shall
not be required for:
a. Conduct that does not cause public inconvenience, annoyance, or alarm.
b. Picnicking restricted to benches only and to groups of no more than
five people. Picnicking on the Green by bus tours or similar groups is
forbidden.
c. The gathering of groups on the Battle Green for the sole purpose of
exploring and enjoying its history, and which do not remain for more than
four hours.
d. Playing of audio devices at a reasonable volume.
e. The playing of games that do not:
ti
i . exceed three players; or
i i . damage the Green's physical condition; or
iii . disturb or inconvenience those visiting the Green for
historic interest; or
i v. constitute any type of disorderly conduct.
-4-
PERMIT REQUIRED ACTIVITIES
3. a. The purpose for requiring permits for certain activities is to 1.0
promote the use of the Battle Green in a manner consistent with its nature
and history; to protect the Battle Green from harm; to ensure adequate
notice of the event so that arrangements can be made to protect the public
health and safety and to minimize interference with the event by the
public.
b. Permits are required for any of the following activities, singly or
in combination:
i . Any group activity reasonably likely to exceed the public use
limit established by the Board of Selectmen.
ii . Special events, public meetings, assemblies, gatherings,
demonstrations, parades and other public expressions of opinion.
iii . Pageants, reenactments, regattas, entertainments, or other as
public spectator attractions.
iv. Displays of a religious or ceremonial nature.
v. Use of public address system, electrical lighting or other
electrical devices.
vi . Distribution of printed matter other than commercial advertising.
vii . Possession of firearms if unloaded or packed in such a way as to
prevent their use.
viii . Possession of explosives, as long as individual or group conforms
to Federal , State, and Local laws governing such possession.
ix. Use or possession of fireworks or firecrackers.
IMPERMISSIBLE ACTIVITIES %me
4. The following activities are strictly prohibited:
a. Any group activity that exceeds the public use limit established by
the Board of Selectmen for the Battle Green.
b. Possession, destruction, injury, defacement, removal , or disturbance
of any building, sign, equipment, monument, statue, marker, animal or
plant.
c. Distribution or display of commercial advertising; or soliciting of
business; or any other commercial transactions.
d. Remaining on the Battle Green for more than four hours.
e. Abandonment of any vehicle or personal property.
f. Unreasonably loud operation of audio devices.
g. Delivery of any person or thing by parachute or helicopter.
h. Powerless flight activities.
1 . Begging.
j. Disorderly conduct.
k. Use of firearms.
1 . Use of metal detecting devices for personal use.
m. Gambling of any form or operation of gambling devices.
n. Picnicking except as provided above in s2b.
o. Use of rollerskates and skateboards.
-5-
PERMIT
5PERMIT PROCESS
011.1.1
5. a. Application for permits to conduct activities on the Battle Green,
specified in section 3, above, shall be filed no later than two weeks
prior to the requested date. Late and/or incomplete applications will be
considered at the discretion of the Board of Selectmen.
b. Permit applications shall include the following information:
i . Name and phone number of a responsible contact.
i i. Date and time of event.
iii . Nature of event.
i v. Expected number of participants, spectators, and vehicles.
v. Duration of event.
vi . Statement of equipment and facilities to be used.
vii . Section of the Green desired.
c. The responsible party is to keep the permit, which must be available
for inspection upon request. The responsible party may be required by the
Board of Selectmen, as a condition of issuing the permit, to pay for
detail police officers if the Board determines that such officers are
necessary for public safety.
d. Permits are issued upon express condition that the Green is to be
left in an orderly fashion.
e. Permits are non-transferable; and are only valid for date and time
specified.
f. A permit shall be revoked if a sanctioned event engages in
i mpermi ssab l e activities; and, may be revoked if the permit group engages
Pion in activities that are not within the specifications of the permit.
g. The Board of Selectmen may alter a request by setting reasonable
conditions and restrictions as to duration and area occupied, as are
necessary for protection of the area and public use thereof.
h. Wet turf conditions may supersede the use of a granted permit at the
discretion of the Board of Selectmen to protect the condition of the
Battle Green.
GROUNDS FOR DENIAL OF PERMIT REQUEST
6. a. Prior applications for permit for conflicting schedule has been made
or will be granted.
b. Event presents a clear and present danger to public health or safety.
c. Event is of such nature or duration that it cannot reasonably be
accommodated in the area applied for; or the expected number of
participants exceeds the public use limit.
d. Event will , in the opinion of the Board of Selectmen, cause
unacceptable interference with use of the Green by the general public.
e. Event is requested for a date that conflicts with official
celebrations of the Town.
f. Event is more appropriately held at other available Town facilities,
such as recreational facilities.
Approved bythe Lexington Board of Selectmen, July 15, 1986.
pp
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-6
moo
M ►SSPCRT NOISE CONTROL - HANSCOM FIELD
Joyce Hals of Massport , was present for discussion of the complaints of
Mr. and Mrs. Bushnell, 20 Childs Road, about aircraft noise impacting their
area.
Mrs. Hals displayed a 'Noise Contour' chart and an area map showing
flight pathsto and from Hanscom. She related the efforts of Massport
regarding noise control, as related to the Bushnell's complaints and noted
the Massport Master Plan which covers monitoring of noise at the airfield.
With reference to the 'Noise Contour" chart, last developed in 1978,
Mrs. Hals explained updating/monitoring procedures for ongoing measuring of
noise. She reported that in the past four years, even though the number of
operations has increased, quieter engines have resulted in lower noise
levels. Evening flights, which are more bothersome to residents, are being
discouraged.
Mrs. Hal; reviewed the points made in a letter to Massport from the
Bushnell;, dated June 20, 1986, and presented the Massport position on each
item listed, adding that Massport is concerned about the issues raised.
Information was distributed on flight routes, number of operations
(landings and takeoffs) , noise complaints, night operations and on types of
r
flights to date in 1986. Mrs. Hal; noted that the number of noise
complaints this year has been down dramatically.
Mr. Eddison expressed the Board's appreciation for Mrs. Hals response
to theion for Mrs In discussion of the need of a future appointment to Imo
include the Bushnell; and William Johanson, Lexington representative to the
Hanscom Field Commission, it was agreed that if the Bushnell; were ri o t
satisfied with Mrs. Hals addressing of their concerns and they requested a
meeting with the Board, it would be scheduled.
Mrs. Hals informed the Board of a Generic Environmental Impact Report
to be distributed on July 21st. She asked for a meeting with the Selectmen
to gain a better sense of Hanscom operations and procedures and to review
the report, prior to an August 5th public hearing on i t .
It was agreed that the report should be reviewed before the meeting by
the Planning Board, Hanscom Field Commission and Town staff , with comments
to the Board.
HEWER REQUEST. CENTER PLAYGROUND AREA
Mr. Edd i so n recapped the petition of Mrs. Hewer, 54 Potter Pond, f o r
improvement of traffic hazards and other nuisances in that area of the
Center Playground, which is used by small children. He noted that the
matter had previously been discussed and tabled on July 1, pending further
exploration of problems as stated by Mrs. Hewer. He had explained this
action to Mrs. Hewer on the telephone, who had noted marked improvement in
conditions because of increased Police presence and enforcement, as
recommended by the Traffic Safety Advisory Committee.
Selectmen's Meeting July 15, 1988
_7_
Upon motion duly made and seconded, it was voted to remove the request
of Alexandra Hewer from the table and to accept the recommendations of the
Traffic Safety Advisory Committee for increased Police enforcement on Clarke
Street and Park Drive near the Center Playground ballfield to control
speeding, parking and other general nuisances referred to by Mrs. Hewer,
TAXI LICENSES, ARLEX TAXI REPLACEMENT VEHICLES
Mr. Marshall requested that approval of licenses for Arlex Taxi
replacement vehicles be removed from the Consent Agenda. He noted the
failure of Arlex taxis to meet standards regarding lights, bald tires, etc.
at the time of inspection by the Police Dept. He felt that the poor
condition of the ta;:iC J ;aJi.." eseL±ed asafety z to user.ti s And asked r
Imre frequent inspections. He also questioned the mileage as stated t y to e
inspection report, feeling that it was probably too low.
Pans
Upon motion duly made and seconded, it was voted to approve licenses
for the following Arle:: Ta.::Labs, to expire :n May 31 , 1
1983 Ford LTD Sedan Taxi #4220
1984 Ford LTD Wagon Taxi *4214
1984 Ford LTD Wagon Taxi $7094
1984 Ford LTD Sedan Taxi *420"
1984 Ford LTD Sedan Taxi *4204
1;83
7L4 ror: LT: Wagon
agon Taxi #4205 i20C
1983 Ford LTD Wagon Taxi #421
1984 Ford LTD Sedan Taxi #4213
The vote was subject to arrangements by Arlex Taxi Corpora t i cn for :art Cr_
inspections by the Lexington Police Department of all taxicabs with a fee to
be paid by the Corporation for each vehicle.
Mr. Hutchinson will inform the taxi company of this action of the Boare.
and will instruct the Police Department about procedures.
TRAFFIC ITEM: MERIAM ST. /MASS. AVENUE PARKING SPACE,
Upon motion duly made and seconded, it was voted to refer the request
of Robert H. Domnitz for reconsideration of eliminating a parking space at
Mer i ami Street and Mass, Avenue for improved sight distance, to the Traffic
Safety Advisory Committee for its review and recommendations.
REQUEST FOR RELEASE OF CHAPTER 90 FUNDS
Upon motion duly made and seconded, it was voted to request release of
the balance of Chapter 90 funds in the amount of $"8,159.57 in M.A. *29820,
dated May 9, 1979, originally assigned to Hancock Street from Bedford Street
to Adams Street, to be reassigned to a future Lexington project.
Imo
-8-
TOWN MANAGER APPOINTMENTS
Upon motion duly made and seconded, it was voted to approve the
following appointments and reappointments by the Town Manager:
Judith Marshall, reappointed to the Recreation Committee for a term to
expire on April 30, 1989
Brian Adley, appointed t:; the Rer.reati:n Committee for a :Arm to expire
on April 30, 1989
Francis W. K. Smith, reappointed to the Con=ervation Commission for a
term to expire on April 1, 1389
John Willson, appointed to the Conservation Commission for a term to
expire on April 1 , 1989
Mrs. Smith abstained from voting on the reappointment of Mr. Smith and
Mr. Marshall abstained from voting on Mrs. Marshall's reappointment.
F? 87 SALARY PLAN
Uncn iction duly made and --zer-z,n::P,' , it wa= ”:ted to rift' te FY;"
Salary Flan, as reviewed by the Eoard a its Goal Settir.g Meet::; on :uly 2,
1986.
CONTRACT STREET RESURFACING 1.104
Upon motion duly made and seconded, it was voted to award Contract *57-
1-E, Street Resurfacing, to Trimount Bituminous Products Company, 1935
Parkway, Everett, MA, in the amount of $851 ,554.50. This award is subject
to Town Counsel's approval as to bid form.
NORTH LEXINGTON ROAD IMPROVEMENTS
Mr. Eddison reported on a meeting of a Lexington delegation w:th State
:PW officials which he attended. The purpose of tne meeting was to urge
progress with the Marrett Road project, which he now understands will move
forward since the updated traffic count required by the State has been
completed by BSC Engineering.
Regarding Bedford Street, the officials were requested to review the
1985 alternate plans for improvement, developed to reflect concerns of area
residents. Mr. Joseph, Asst. to the Chief Engineer of the Mass. DPW, has
agreed to give a serious look at the compromise plans.
KATAHDIN WOODS DEVELOPMENT
Mrs. Smith referred to a letter from the Town Manager to the Chairman
of the Housing Authority, dated July 11, 1966, in which the Manager refers
to Planning Board comments on the application of BIDC Corp. for funding
under the TELLER Program to construct the Katandin Woods mixed-income moo
apartment development. In his letter, Mr. Hutchinson had stated his
opposition to the Planning Board's recommendation that the developer be
required to expand the number of units of affordable housing over that which
had been previously agreed to by the Board of Selectmen.
selectmen's Meeting July 15, 1986
_9_
Mrs. Smith pointed out that she had not been a member of the Board of
Selectmen when this position had been taken and stated her position as being
in support of the Planning Board's recommendation.
Mr. Hutchinson will inform the Chairman of the Housing Authority of
Mrs. Smith's vied!■
)41
EXECUTIVE SESSION
Upon motion duly made and seconded, it was voted 5 - 0 by roll call
vote, Mr. Eddison, Mr. Marshall, Mr. Dailey, Mrs. Smith, Mr. McSweeney, to
go into Executive Session for discussion of real estate negotiations, with
no intent to resume open session.
Upon motion duly made and seconded, it was voted to adjourn at
10:12 p.m.
A true record, Attest:
pami 44 IA 31 ‘-r1(7H.
Executive Zl er pimma
N
00ft , 6
/
SELECTMEN'S MEETING
(UI , July 29, 1986
,y)k '
A regular meeting of th4loard of Selectmen was held on Tuesday,
July 29, 1986, in the Selectmen's Meeting Room, Town Office Building, at
7:30 p.m. Chairman Eddison, Mrs. Smith, Mr. McSweeney; Mr. Hutchinson, Town
Manager; Ms. Adler, Asst. to the Town Manager; Mrs. Snow, Executive Clerk
were present. Mr. Marshall and Mr. Dailey joined the meeting later.
MAPLE STREET SPEED LIMIT
Al Lainge, Mass. DPW District Traffic Engineer, was presmnt for
discussion of the request of Maple Street/Lowell Street residents for
lowered speed limits on those state roads and to explain procedures
implemented by the DPW in arriving at speed limits for the roads under its
jurisdiction.
Mr. Eddison noted the complaint of the residents, originating in 1985
regarding excessive speed and the Traffic Safety Advisory's response that,
t: the State :PW standav'=, speed limit= te lowerd.
quoted from a letter, dated May 23, 1366, from State DPW Traffic Engineer
Robert Shea, which outlined the basis of the State's refusal to reduce
pm. currently posted speeds of 40 and 35 mph. The letter stated that a study
performed showed that 33% of motorists drove at speeds of approximately 44
mph in the 40 mph zone and 40-43 mph in the 35mph zone and that if the speed
limit were lowered by 5 mph, 90% of the total vehicles would be in
violation.
The Chairman asked Mr. Lainge for an explanation of the rationale of
the ruling.
Mr. Lainge said that the State reviews road conditions and
configuration, analyzes accident records, and makes on-site trips in order
to determine location of signs and respond to requests for changes. He
stated that lowering of the speed limit would not change the rate at which
people drive and would result in a higher percentage of violators.
He said that drivers would continue to drive at what they considered a
comfortable speed. Mr. Eddison noted the presence of a public school at one
end of Maple Street and a rise in the roadway near Mass. Avenue which
obscured vision. He suggested different speed limits for these locations
and additional signs at the approaches to these changed speed zones. Mr.
Lainge agreed that it would be possible to install signs as suggested and
noted that a 20 mph school zone was also a possibility.
Mr. McCarthy, 29 Maple Street, said he felt the speed limit should be
set according to the elements of the roadway, not the way people drive. He
thought it was contradictory that Mass. avenue speed limits were lower than
those on Maple Street, a narrow road with a school. He noted the danger for
school children in crossing Maple Street near the crest and the obscured
rm. view at the approach to the school, adding that children don't always leave
the school while the crossing guard is on duty. He asked for an expansion
of the 25 mph zone to include that location. Mr. Lainge explained that a
school zone would mean 20 mph for 1/2 hour before and after school.
owl
-2-
Peter Chalpin, Chairman of the Traffic Safety Committee, asked if
crossing guards would be eliminated if a school zone were to be created,
Mr. Lainge responded that that ruling had been dropped.
Mrs. Curtis, 19 Maple Street and Mrs. McGrath, 282 Lowell Street
pointed out the effects of increased population and traffic in the area.
Mr. Shaw, Lowell Street, noted his concern for Lowell Street and
referred to fatalities to children in past years. He asked for reduced
speed to allow time for drivers to react.
Mr. Lainge said that strict Police enforcement would be necessary if
speed limits were to be lowered.
Mrs. McLaughlin, 227 Lowell Street, asked if consideration had been
given to installation of sidewalks on both sides of Lowell Street. Mr.
Lainge said it was unlikely that the State would do that but that the Town
would be given permission to do so.
In response to questions on procedure by Mrs. Marshall, League of Women
':oters, Mr, IEinge sgeste? tat three area re=i!ent= make test drives in
both directions. Areas of concern noted would be reexamined by the DPW and
radar observations would be conducted. Regarding a formal petition or
appeal procedures, he agreed to assist the Town. emir
Mrs. Welch, 79 Maple Street, asked for extension of the "no passing"
zone to prevent reckless passing.
With respect to Mr. Lainge's comments about the need for strict
enforcement of traffic laws, Mr. Hutchinson stated that Lexington Police
have been noted for this practice.
Mr. Chalpin reported on a Police stake-out, as recommended by his
Committee, which resulted in 4 citations (out of 144 vehicles) for speeding
over 55 mph. The balance of the vehicles were driven at 44 mph or less.
Mr. McLaughlin, 227 Lowell Street, whose son had been fatally injured
on Lowell Street, by a driver not exceeding the speed limit, asked for
observations to be made at 7:30 to 9:30 a.m. and at 5:30 p.m.
Mr. Eddison said he felt the sense of the Board to be in support of a
futher review of the matter with the State DPW and asked residents for their
comments in writing. On behalf of the Board, he thanked Mr. Lainge for his
cooperation and for the information supplied.
Discussion of the matter was resumed later in the meeting.
LEXHAB REPORT, MUM'? SCHOOL BUILDING CONDITIONS
Members of the Lexington Housing Assistance Board met with the Board
for an interim report regarding conditions of the Muzzey School complex and
to request approval of expenditures for an investigation of design and
construction deficiences which have surfaced.
Mr. Wilson, Vice Chairman, noted that, including the Senior Center and
the 10 LexHAB units, the Town owns 20c of the building and referred to a mod
quotation by Simpson, Gumpertz & Hager, Inc. , Consulting Engineers, on the
costs of both a preliminary and full-scale investigation.
A�d
e �
Selectmen's Meeting July 23, 1985
-3-
LexHAB members Linda Conrad, Jean Daudet and David Eagle were also
present as well as Muzzey Trustees, representing unit owners.
Mr. Eagle informed the Board of severe heating problems throughout the
building last winter, which resulted in frozen pipes and flooding.
Investigation had shown that water pipes were inadequately insulated, that
windows did not fit properly, and that doors were off tracks. He reported
that heating costs to LexHAB's tenants and unit owners had been excessive
last winter and felt that the problem should be attended to before another
winter season. He pointed out possible causes such as high ceilings.
undersized heating units, inadequacy of heat pumps and urged that corrective
measures should be begun immediately.
Mr. O'Leary, Trustee, reported on a tour of the building with Mrs.
Gaudet and referred to two major problems: drainage and the elevator. Due
to non-compliance with regulations, the elevator is scheduled to be taken
out of service in the near future. He added that roof leaks are still
present, causing ceiling stains in units and in the Senior Center and felt
that the roof will need replacement soon.
Regarding poor drainage, he reported that there had been 8" of slush
throughout the winter. Water which collects is penetrating the walls of the
2e ._r :e meter Cis }he =t:rC;s ay ea _r"'" s cluttered with
construction material! .
Mr. Wilson pointed out the need for a professional report on conditions
r.. at Muzzey which would include roof and foundation leak investigations; HVAC
design evallati n; Specification Review and Analysis and a unit by unit
investigation. A report on these areas would provide necessary back-gip
information for the correction process.
Mrs. Gaudet asked for both the evaluation and determination as to which
items are the responsibilities of the developer.
Mr. Grant, Muzzey Trustee, spoke on behalf of the owners. He noted
complaints about defective equipment and defective workmanship and efforts
to contact Kirk Noyes, developer. He felt that an evaluation is needed as
the basis for arbitration between the owners and the developer. He
acknowledged that there has been some progress with corrections since
conference of the Town Manager and Mr. Noyes. Although he did not support
litigation as being in the best interest of all, he felt the evaluation
would be of great benefit, if that becomes necessary.
Mr. Hutchinson reported that he had given the Senior Center punch list
to the Developer, who is working to complete it at this time, and requested
such a list from LexHAB. He said the developer is committed regarding
drainage and the Senior Center and that the Town has recourse through an
outstanding $25,000 performance bond. He suggested that he, Mr. Noyes and
the three interest groups meet as an initial procedure.
Mr. DiMatteo, Muzzey Trustee, told of a questionnaire sent to owners to
aid in preparation of a complete punch list to compare with the Noyes list
and noted lack of completion of work as promised.
Regarding the punch list items, the Manager reported that there will be
pm, supervision and inspection by Town staff to ensure satisfactory and complete
{
work.
=is
Mr. Marshall said he supports the efforts of the Trustees, but felt
that as home owners, all owners have a responsibility and that the Trustees
should make an effort now while some leverage remains. He supported the
punch list evaluation study.
Mr. Dailey felt that the Town has some responsibility toward the owners
and should persist in efforts to see that the developer completes all work
items.
Upon motion duly made and seconded, it was voted to authorize the
expenditure of $22,910 for investigation and report by Simpson, Gumpertz &
Hager, Inc. , Consulting Engineers, regarding design and construction
deficiencies at the Muzzey School Building subject to authorization by the
Town Manager.
The Town Manager will report on August 12 on progress by the developer
with punch list items. It was agreed that the Town Engineer will
investigate the developer's approach regarding drainage.
ADVISORY COMMITTEE ON HOUSING NEEDS
Eleanor Klauminzer and Elizabeth Flemings of the Planning Board's
Housing Needs Advisory Committee met with the Board for discussion of joint
sponsorship by the Selectmen and Planning Board of that Committee as a means
f:7r ;ivizg it ire effecti-e:eEs,
Mrs. Flemings reviewed the accomplishments to date of the advisory
committee in several areas since 1982. She stated the on-going need for the
committee with a broader base under the joint sponsorship.
Mr. Eddison said he was impressed by the work of tris ;roup of
dedicated and valuable people.
Mrs. Klauminzer gave her personal views on objectives for the
Committee: if jointly sponsored, public debate and education would be
broadened; a broader based agreement on housing policies would be reached;
and the housing activities of the Town would be integrated. She reported
that the committee's next immediate task would be to work as consultants on
the EOCD Housing 3rant application.
Mrs. Smith added her thanks for the assistance given the Plannin;
Board, which she had observed as a member of that Board and hoped that the
Selectmen would have the benefit of the Committee's knowledge and
cooperation.
Mr. Eddison said he had reservations regarding the proposed Charge to
the Committee in two areas: regarding joint sponsorship, he questioned the
concept of serving two masters and said he would prefer that it be
answerable to one, with cooperation between the two Boards.
It was noted that the Center Revitalization Committee, a Selectmen's
Advisory Committee, had worked closely with both Boards and had achieved
much becauie of the close relationship.
Mr. Eddison also questioned definition in the Charge of the Committee
as an "advocacy" group. He felt it should function as a professional,
objective committee.
It was agreed that a position on the matter would be taken at the
Selectmen's Meeting on August 12, following conference in the interim.
wad
Selectmen's Meeting July 29, 1986
_�-
MIiVttTE3
Upon motion duly made and seconded, it was voted to accept as presented
the minutes of the meeting on July 1, 1986, in Executive Session, and the
meeting on July 15, 1986.
APPOINTMENT TO LEXHAB
Ronald W. Colwell was nominated for appointment to LexHAB to fill the
unexpired term of William Kennedy who had resigned.
Mr. Dailey noted the serious technical problems at the Muzzey School
building, discussed earlier in the evening and suggested replacing Mr.
Kennedy with someone who had technical skills similar to his. He suggested
tabling the item to expand the search for a candidate.
Mr. Marshall pointed out that LexHAB had expressed interest in the
appointment of a person in the real estate field and stated his support of
Mr. Colwell's views, adding that technical experience and skills could be
obtained in a subsequent appointment.
Mrs. Smith felt that LexHAB should be discussed in a broader role and
if so, what the composition of the Board should be. She urged that
4 L e ' r:' near ;t t i t 1. .
r rr r.W ✓.h .r• . .r
e S
Mr. McSweeney asked for information as to what areas of expertise are
now represented on LexHAB and suggested tabling the matter and expanding the
search for candidates.
'2 r�. -r r-�� -r duly+�s s �y�,ra �r 4 �rti r,�+;r� ri �+ w = .t Y��+.�s� 4. 1 1�P ,..�t z -� -r
=T m: t i:n Lf u l i m a W 1r n s e G o n d a wi, i J a ti r .'1r j .o t a l l a r ��i.�n :.. an
appointment to LexHAB until. August 12.
MIDDLESEX COUNTY HUMAN RIGHTS/FAIR HOUSING CONFERENCE
Mr. Eddison referred to correspondence from District Atty. Harshbarger
proposing a conference in the Fall of 138E to mobilize and provide
assistance and support to the various human rights and fair housing groups.
Mr. Harshbarger requested the Board's consideration of serving as a sponsor
of the conference. The Chairman asked for the view of the Board on the
matter. :t was agreed that more thought should be given before decision.
Upon motion duly made and seconded, it was voted to table the item
sin til August 12, 138E.
"47 ACRE" PROPOSAL, LINCOLN
Mr. Eddison reported on a meeting in Lincoln regarding a proposed
apartment complex and office building on 47 acres of land near the
Lexington/Lincoln border and presentation at the time by Lincoln Planner
Rosamond Delori of Lincoln's approach. Mr. Eddison noted that a computer
run using the TPS traffic model showed that this would mean an increase of
305 cars in the a.m. rush hour and 329 cars in the p.m. peak hour, resulting
from this project. Mr. McSweeney pointed out that because of its location,
r"' traffic generated by the new uses will have very little effect on Lincoln,
itself, with much greater impact on Lexington and Concord.
HANSCOM 3ENERIC ENVIRONMENTAL IMPACT REPORT
Regarding the 3E1 Report for Hanscom Field, received from Massport
a request for comments before the August 5th Public Hearing, Mr. Eddison
noted the request of the Concord Town Manager for postponement of the
hearing to allow for additional time for review.
Mrs. Smith reported that both she and Mrs. Frick, MAPC Representative,
agree that time for study of the report is inadequate. Mrs. Smith had
requested that Massport seek a postponement of the hearing from MEPA. If
the meeting is to be held on August 5, it should also be continued to a date
early in September. MEPA's reply to the Massport request for continuance of
the hearing was that they were willing to extend the time limit for comments
but would not postpone the scheduled public hearing.
Upon motion duly made and seconded, it was voted to authorize the
Chairman to request Secretary of Environmental Affairs dames Hoyte for a
subsequent reopening of ,the August 5th public hearing on the CEI Report for
L.G. Hanscom Field in early September, and to authorize the Town Manager to
request that the Planning Board, Conservation Commission, and MAPC
Representative Angela Frick review the SEI Report and formulate
recommendations on it for the Board of Selectmen.
LIMOUSINE LICENSE
Upon motion duly made and seconded, it was voted to approve the
application of Charles E. Parks, 10 Hawthorne Rd. , for renewal of Limousine
License for the ensuing year. wiro
STREET RESURFACING CONTRACT
Upon motion duly made and seconded, it was voted to execute Contract
*87-1-E, Trimount Bituminous Products, Inc. , in the amount of $851 ,654.5C,
as approved by the Board of Selectmen on July 15, :93G, subject to approval
by Town Counsel as to form.
WARRANT, 1986 STATE PRIMARY
Upon motion duly made and seconded, it was voted to sign the Warrant
for the 1986 State Primary Election to be held on September 16, 1986.
WARRANT, ANIMAL CONTROL OFFICER
Upon motion duly made and seconded, it was voted to sign the Warrant to
the Animal Control Officer, Kathy P. Fox, regarding 914 unlicensed dogs in
the Town of Lexington.
*so
Selectmen's Meeting July 29, 1986
j
APPOINTMENTS, ELECTION WORKERS
Upon motion duly made and seconded, it was voted to appoint 26
Democratic Election Workers and 31 Republican Election Workers for 1986-
1987, as required under Chapter 54, Section 12 of the General Laws.
RESIGNATION. ARTS COUNCIL
Upon motion duly made and seconded, it was voted to accept the
resignation of Judith S. Grossman, 4 Jeffrey Terrace, from the Lexington
Council for the Arts, effective August, 1986.
CHAPTER 90 REIMBURSEMENT FORMS
Upon motion duly made and seconded, it was voted to execdte Chapter 90
Reimbursement Request Forms in the amount of $106,193.10, for street
resurfacing projects.
SUNSET RIDGE CONSERVATION RESTRICTION
Upon
duly made and seconded, itwas Ttea to approve and e' eo.ute
k.=��+i motion �t/S..R+.i +�L �i 1 � i.3� and� 3r r.ri L
i:R 1* i�+r. -A'� �r� r�r ,r.f"'i �� L�. ��T .� wy r a� { •�_- r yw 'l i.a r�Y �/. �Y r T ..ti
a �} .a+iaLa d s ;,wt ar.v is f a..�Ya.1 a :::ss :a .::.. ..11 o.f ti.�. aL:is. J w r r
of the Sunset Ridge subdivision where it abuts the Daisy Wilson Meadowland
mow. conservation parcel, as approved by the Conservation Commission and by Town
Counsel.
SENATOR KRAUS/REPRESENTATIVE DORAN
Mr. Eddison reported that he had met with Senator Kraus and had
informed him of the Board's concerns over his lack of advocacy regarding the
local aid formula. The Senator had stated that he felt comfortable with his
position and that i n future deliberations he would support o formula with
the following elements: a maintenance budget for each community;
equalization for Towns short of resources to attempt to bring them up; and
an approach to determine what a reasonable tax effort would be on the part
of each community. He will write to Board members with more information on
the subject.
Regarding the proposed State take-over of County jails, the Senator
felt it was a difficult issue with no clear answer one way or another.
Although he is not in favor of County government, he had no strong feelings
pro or con, noting the high operating costs which would become the State's
responsibility in the event of a take-over.
Mr. Eddison and Mr. Hutchinson had discussed a number of financial
matters with Rep. Doran, to bring him up to date on the Board's views.
Representative Doran had sent copies of the County Jail House bill to
Board members, and had voiced his support of the State take-over.
He will investigate getting a more realistic rate of interest on
betterments with the intent of introducing a bill in the Fall.
f-f
BEAL COMPANIES DONATION
Mr. Hutchinson informed the Board of a donation of $60,000 by t ne Beal
Companies to go into the traffic improvement fund designated for South
Lexington and the Spring Street area.
SEWER, STREET, SIDEWALK ACCEPTANCE PETITIONS
Upon motion duly made and seconded, it was voted to approve the
schedule as proposed by Town Engineer Francis X. Fields for FY88 Street
Acceptance procedures and to insert a public notice in the Lexington Minute
Man on August 14, 1986, regarding the filing of petitions for sewer, street
and sidewalk installations,
Mr. Hutchinson explained that a supplemental notice will be published
in the Fall.
GRANT "OPERATION CLEAN SWEEP"
Mr. Hutchinson acknowledged the award of funding in the amount of
$3,978.75 under "Operation Clean Sweep '86" for household hazardous waste
collections made last Fall and noted that Susan Adler had prepared the
appl i c t;nn for the grant on behalf of the Town.
NESWC COSTS, TRASH COLLECTION, DISPOSAL
Mr. Hutch in_on informed the Board of efforts by Mass. Ref usetech Inc, rir
to increase tippizg fees from $32/ton to $43/ton due to lower energy prices
and problems with the tax exempt status of proceeds from the bond issue and
of his efforts to control costs. He felt it important that the public be
made aware that the costsofcontinuea
removing waste will to be an expensive
proposition.
MAPLE STREET SPEED LIMIT
The Chairman asked the Board for direction as to how to approach the
Maple and Lowell Streets speed limit situation.
Mrs. Sri i t n felt that the concept of driving at a "comfortable speed,
which the DPW Traffic Engineer had referred to earlier in the evening,
should be explored and clarified and that the Town's enforcement practices
should be stated.
In addition she suggested that efforts be made by going beyond the
District 4 DPW office regarding lowering of the speed limit. She also asked
for a definitive answer on the actual practice regarding "school zones" .
Mr. Hutchinson noted that Mr. Lainge had agreed to the suggestion that
the matter be resubmitted to the State DPW and said he sensed a certain
degree of responsiveness from him.
The Traffic Safety Advisory Committee will be asked to look at the
issues raised such as installation of signs alerting to lowered speeds; a
designation of a "school zone" near Harrington School; and the request for
lowered speed limits on Maple and Lowell Streets.
w Y
Selectmen's Meeting July 29, 1986
_9_
AP C..,NTMENT r ~I NKELSTEI N, BOARS: .Jr HEALT14,
Upon motion duly made and seconded, it was voted to approve the
appointment by the Town Manager of Stanley Finkelstein to the Board of
Health for a term of office to expire on April 30, 1989 and that an
appropriate expression of thanks from the Town to James Lambie be prepared
by the Town Manager in recognition of Mr. Lambie's years of enlightened and
dedicated service on the Board of Health.
MINUTEMAN COMMUTER BIKEWAY
Mr. Eddison updated tha Board on the status of the Bikeway. He
referred to Secretary of Transportation Salvucci 's refusal up to now to
support the Town's request for State funding of design costs involved and of
efforts made by State Legislators Kraus, Doran and Gibson to 6hange that
position and move the project along.
A draft letter to Secretary Salvucci, prepared by Rep. Gibson listing
the responsibilities of the Town and asking that the State assume the costs
for both the design and construction of the bikeway, was reviewed.
Upon motion duly made and seconded, it was voted to approve the above
mentioned letter, as presented.
EXECUTIVE SESSION
Upon motion duly made and seconded, it was voted 5 - 0 by roll call
v7,te, Mr. Edd i s:n, Mr, Marshall, M r. _a i ley, Mrs Smith, Mr, McSweeney, `=_
go into Executive Session for the purpose of discussion of matters of
litigation, with no intent to resume open session.
Upon motion duly made and seconded, it was voted to adfourn at
10:45 p.m.
A 4tta‘X'"77/
true record, Attest:
a � 1
Marion H. Snow
aecuti ve Clerk
1