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HomeMy WebLinkAbout1980-02-11-BOS-min r6, * A SELECTMEN'S MEETING FEBRUARY 11, 1980 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, February 11, 1980, at 7 30 p m. Chairman Miley, Mr Busa, Mrs Battin, Mr Kent, Mr Crain; Mr Cohen, Town Oounsel; Mrs Banks, Assistant to the Town Manager; Mrs McCurdy, Executive Clerk, were present Chairman Miley opened the hearing on the application of Honeywell, Inc Gasoline permission r rm o ission to install two 10,000 gallon underground gasoline tanks with Hearing - two electric gasoline pumps on the premises at 3 Forbes Road A notice of Honeywell the hearing was advertised in the January 31, 1980 issue of the Lexington Minute-man, and the abutters were notified of the hearing by certified mail by the petitioner Attorney William Dailey, representing Honeywell, in- fromed the Board that the application and plan had been submitted to the Selectmen and we met with Fire Chief Bergeron, George Smith, Health Director, and Clifford Prentiss, Conservation Director We propose to have two under- ground gasoline tanks for the purpose of serving our own vehicles and to have gasoline available for employees who are required to come in on off days Mrs Miley said that lengthy reports have been received from the Board of Health, Conservation Commission, and Chief Bergeron She read a final report from Chief Bergeron stating that the Lexington Fire, Health and Conservation departments have completed a review of Honeywell, Inc gasoline storage license application and all regulations have been met The applicant has also agreed to additional safeguards that the town de- partments have recommended and the application should be slated for a hearing by the Board of Selectmen Chief Bergeron said the tanks are as safe as possible, in fact, they exceed the state regulations From a health viewpoint, we were concerned because it is upstream from the Cambridge water supply, so the Conservation and Health departments have put in very strict regulations on securing the tanks It will be a vaulted installation where the tanks are actually set into a concrete vault for greater protection against leakage; other alarms have been put over and above what is normally required for tanks because of the location of the water supply We also met with a representative of the Cambridge Water Board and they are satisfied that our requirements will protect the water supply Mr John Beekman of the Cambridge Water Board said he would not speak in favor or in opposition but would like to express his appreciation to Chief Bergeron and the other town agencies for their efforts in the interests of the Cambridge water supply No one appearing in favor or in opposition, Chairman Miley de- clared the hearing closed Upon motion duly made and seconded, it was voted to grant permission to Honeywell, Inc, for installation of two 10,000 gallon underground gasoline tanks with two electric gasoline pumps on the premises at 3 Forbes Road, subject to the condition that the tanks are to be enclosed in concrete vaults and compliance with the recommendations of the Fire, Conservation and Health departments L_ - - I G3 Selectmen's Meeting - 2 - February 11, 1980 I Dog Mr Busa discussed the hearing he conducted on January 30, 1980 Hearing- concerning the written complaint of Mr Littlefield, Lexington Animal Muehlmann Control Officer, against the owner of a German Shephierd dog, Ms Amory F Muehlmann, 59 Outlook Drive, stating the dog is a nuisance because of a vicious disposition and is frequently loose in violation of the leash law Mr Busa said the dog has bitten people, mostly children, and in listening to the testimony of the Animal Control Officer and Mrs Muehlmann, who has been taking great caution in restraining the dog by walking it on a leash, he recommended that notice be served to Mrs Muehlmann that the dog should be restrained at all times and not just when she is walking it. This ,wbtUd abate the problem of the dog running around when the children have it out in the yard when it is not on a leash Mr. Crain said that in the communique to Mrs Muehlmann we should underscore that we consider this to be a very serious matter and a recurrence would mean more severe action would be taken by the Board Upon motion duly made and seconded, it was voted by order of the Board of Selectmen that the German Shepherd dog owned and licensed to Ms Amory F Muehlmann of 59 Outlook Drive is to be restrained by a leash or tied up at all times If a violation of this order occurs, more severe action shall be taken by the Board of Selectmen State Chairman Miley read a letter,ftam "The Committee for the Responsible Hearings Limit" requesting support of House Bills 5015 and 5016-to impose responsible on Taxa- limits on government spending and taxes Mrs Battin said that the bill and tion the constitutional amendment were referred to the Tax Policy Committee of the Massachusetts Municipal Associations, which she co-chairs, and we have great concerns about the aspects of it We have not analyzed this draft and have great concerns about the previous one The hearings on taxation are to- morrow, and the major thing is, it doesn't reform our over-dependence on the property tax and the geographical disparity in the tax base among com- munities aren't addressed at all by it, and there were other concerns that we had She will attend the hearings tomorrow as president of ,the Selectmen's Association, and the postures of the Municipal Associations are that we are asking for half of the $300 million in increased state revenues to be given as increased state local aid, and if the present tax cap extends for another year, as it is intending, that energy costs be exempted; she is going to use Lexington as an example of what energy increases have done to us We are asking that we be given the ability to control the existing mandates We pretty much have gotten a promise from the Governor and the legislature that no new mandates will be imposed on cities and towns unless they are funded or have local option We are asking for the means to control exist- ing mandates We are not supporting any of the legislation as we don't think it addresses the central issue of tax reform That is the posture of the Massachusetts Municipal Associations Board of Directors, and she would recom- mend that it be this Board's also Mr Crain that whenever data regarding the town is going to be used, it would be very helpful if we all had a chance to look at it and provide any input; that is a good process I /(ry Selectmen's Meeting - 3 - February 11, 1980 Mrs Miley said that she is to testify tomorrow on a bill which she, as an individual, and Senator Rotondi have filed asking that if there is a cap on municipalities, there also be a cap on state government, the MBTA and county government Her idea is to let them know that all of us are con- cerned about how we are going to operate with caps when the state govern- ment does not have a cap Mrs Battin said the Municipal Associations have not taken a stand but it will tomorrow; we are endorsing that they also operate under a 4% cap Mr Crain asked if the referenced MBTA cap related to the potential increased revenue generated by the fare increase because, in his opinion, the fare increase is something that has to be seriously considered to help the MBTA out of its dilemma From looking at the MBTA budget, he did not see how it would be able to operate with a 4% cap He suggested that Mrs Miley may want to consider how she would present her proposal for a cap with the potential of increased revenue. Mrs. Miley said that it might be the way to make it work Mr Borthwick, Director of Senior High Ministry of Grace Chapel, Grace met with the Board to discuss his request for permission to use the Chapel - reservoir for a special activity to raise money for refugees from South- "Res" east Asia, to be called the "Lexington Boat People Project " The dates requested are May 16 and May 17, 1980, would involve 15-30 youths and staff, and would be in boats for a 24-30 hour period on the reservoir, attempting to simulate the fate of the refugees Each refugee would raise money through people who sponsor him or her during the hours in the boat; they would land for sanitary and health reasons One lifeguard per boat, one on the shore and additional personnel on the shore to guard against hecklers, would be provided They would promote the activity with local media as well as through the international organization World Vision 'Who has agreed to help in the project They would open the activity for their church youth only; this project would require us to use some activi- ties and practices which some other religious folk might disagree with; thus we feel that it should be kept as a closed activity unless the Board prefers otherwise. Mr Borthwick said a lot of precautionary measures that were listed were as a result of his meeting with Joan Halverson, Lexington Recreation Coordinator, and it is our desire to take an amount of safety measures which you would recommend Mr Busa said he had a problem with the dramatization and the possibility of an accident happening on the res Mr Crain had a high sense of concern about safety in the water in the darkness Mrs Battin said she and Mr Cohen were concerned about safety and asked the Manager to satisfy himself Mr Borthwick said he understood thereeffghts at the reservoir which would be on all night Mrs Banks said the Manager would recommend against the request as we could not insure the safety of people on the reservoir and another concern was that it was a religious organization Mr Kent said his only concern was the safety factor With respect to the religious aspect of it and with respect to the dramatization of it, it seemed to him to be a matter within the purview of the people who want to do it To grant permission for this purpose is totally consistent with the town's philosophy and policy with respect to the dramatization by christians which we permit to take place under the auspices of private persons every Christmas through the creche on the Green One of the really fine features of that policy is that it leaves us in a position to approve of reasonable use of public' facilities for dramatization by any religious group of what- ever persuasion and whatever particular viewpoint may be desired to be presented Selectmen's Meeting - 4 - February 11, 1980 He emphasized that his only concern was the safety factor, already expressed by the members of the Board, and the deep water aspect of it He would be much happier were this under lights, to conclude at a reasonably early hour in the evening rather than going throughout the night Mrs Battin agreed with Mr Kent regarding the policy on the Green, and added that this is a place where people who have deeply-felt convictions can express them, no matter what persuasion, and this is a very important heritage that Lexington has She suggested having the project from sunrise to sunset The Board agreed Grace Upon motion duly made and seconded, it was voted to grant permission Chapel to Grace Chapel for the use of the Lexington Reservoir on May 16 and Vote May 17, 1980 from sunrise to sunset for the Lexington Boat People Project, subject to the regulations of the Manager, the Recreation Committee, and Police Chief Corr Mr Borthwick agreed to contact the Manager to work out the details Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting of February 4, 1980 Minuteman Chairman Miley read a letter from Mrs Ruth Wales, Chairman of the School Minuteman School Committee, requesting the Board's assistance in gaining Federal additional Federal Aid for the School District The letter stated that Aid last year, the local Boards of Selectmen and Finance Committees supported our request for a correction of an inequity in state aid and, with your support, the matter was corrected This led to a $300,000 annual reduction in total assessment to our member towns If we can now secure a correction of the Federal Aid inequity, we could gain revenue of over $100,000 per year for five years assuming a multi-year amortization schedule Upon motion duly made and seconded, it was voted to send a letter to the Massachusetts State Board of Education supporting the position of the Minuteman School Committee regarding the correction of the inequity in Federal Aid to the School District Mystic Dr Cook, Director, and Mrs Michelov, President of the Mystic Valley Valley Area Board of the Department of Mental Health, met with the Board Mrs Area Bd Michelov said we felt it would be helpful to visit with the selectmen in Emergency all areas to begin to beef up communications in some way and communicate Shelters our policies, and to understand the towns' attitudes where residences are concerned We have three residences here in Lexington and at one time we ended up with two residences in one area of town One of those is the emergency shelter and they are in the process of looking for another loca- tion; hopefully, it will be relocated by the end of the fiscal year Winchester, Arlington Wilmington, and Woburn have houses and we will be building in Burlington with HUD money We have nothing being built or envisioned in Lexington, and it is important to note that although the Department of Mental Health has been involved in the institutionalization process, that is slowly coming to an end and at some point will cease In general, we would like to know what your concerns are, your recommendations, and we would like to know how we could continue communication, perhaps even on a higher level than in the past Selectmen's Meeting - 5 - February 11, 1980 Mr Crain said the only input he could supply is the impression we got from some of the citizens who came from that end of town which ended up with a concentration The manner in which the site was selected and obtained was one where the neighborhood wasn't well aware of and would have appreciated an opportunity for open expression and better under- standing Dr Cook said he was here that night and there was discussion of the fact that everyone felt the need to have a forum and they were talking about developing an approach to that He wondered if the board had moved along on that thought? Chairman Miley said we are hoping to have our new Human Services Com- mittee work with the different groups, including that one Mr Crain added that you could have the Human Services group function- ing consistent with this charge and it would be possible for someone to come in and secure property without that communication ever occurring Mrs Banks said the Building Commissioner is aware of when any residence does come into town; it is my understanding it is not funded by the De- partment of Mental Health and it is possible that you would not be aware of the residence Mr Mich elov said that is correct and that has been some of the problem We are only aware of those residences that we are involved in; in fact, what we are looking for is a centralized system or a contact within the town We have been very pleased because we have worked very closely with Mrs Banks on that but never got a sense of what the policy was going to be for the whole town, and that is something we are looking for, for those kinds of guidelines not only the Department of Ment-al Health but anyone that would be coming into town, you would have a central method of knowing what is happening so you would know that two of us aren't coming into one neighborhood concurrently without either party knowing. Mrs Banks said we had a notification through the Building Commissioner's office whereby he would make sure that all the abutters in a certain area would be notified and try to tie in an alert to various committees Since we adopted this, we have not had a request for a residence Chairman Miley added that it would come through the Board, as well Mr Cohen said the Board and the Manager had requested him to look into the legal aspects of what the town can do to regulate that mechanism and the suggested procedtires of what we can do with your application In the case mentioned, you did come to the Building Commissioner and presented a copy of a decision with your application; this seemed to indicate that the town can't do anything about regulating it anyway, and that is probably not the right approach Discussion followed on which Selectmen were unaware of the second house on Reed Street and the breakdown in communication among the Selectmen regarding this Mr Kent said that what we have here is an appreciation on the part of the Mystic Valley Health Association and appreciation of a neighborhood over-impact with respect to facilities of this character, and a willingness to work with the community in terms of setting up a system in which, when a proposal comes along, everybody involved will understand its relation to conditions in the neighborhood and a receptivity to work these things out; this is of the essence if we are going to have long-term, health working relationships For the time being, we have agreed with the Human Services Committee that we would not ask them to be troubleshooters with respect to specific problem which arise; we have asked them to work out a policy with respect to handling problems of this character As he heard Mrs Banks, that process has been evolving to the point at which the Manager's office is reasonably well satisfied with it Certainly again, in fairness to the Human Services Committee, we did give them a priority -1 Selectmen's Meeting - 6 - February 11, 1980 charge with respect to evaluation of funding requests, and a question to 111 the Area Board would be their perceptions of our financial request evalua- tion process to the extent that they have had occasion to deal with it up to this point? Mr Crain said as he understood the alert system described by Mrs Banks, he was not sure it services the requests of citizens we have listened to As he understood it, the Building Commissioner will make sure that neighbors and abutters hear about it, but in that proposal he saw no sponsorship of a forum, which is the word that citizens have asked for, and that is a very serious deficiency in the process that he now understood exists - the frustration of the neighbors in that they never have a chance to have a dialogue and obtain better understanding Mrs Banks said the understanding would be that the Building Commissioner would notify the Manager's office, and because the numbers are so few that we get, we are looking for a policy and an appropriate form. We did get notification from Mystic Valley for a location several months ago but they decided to locate elsewhere We would arrange on an in- dividual basis to meet that need Dr Cook said that he had met with some members of the Human Services Committee and would meet with them again this evening Regarding Mr Crain's concern, we have that concern also, which seems to be that no matter how much advance preparation we do with official bodies, when the actual site is selected and people suddenly realize that it's there, they become emotionally involved We have to have some way in which they can par- ticipate in a discussion and understanding of it; we recognize that and try to build that in We like to do it in such a way that it could be a townwide activity, and that's why we look to the Selectmen, as people tend to think of them as being the central place where things are under- stood That the Selectmen sponsor a meeting where anyone could come and ask questions, and this would be very helpful, or some other body could do it for the town Mr Kent said this underscores a necessity for a somewhat more formal process for according the forum to which Mr Crain referred than simply having the Manager's office set up an appropriate forum as the occasion arises, and we really need to know something about the nature of that forum and there needs to be a rather substantial degree of official, public par- ticipation, and probably isn't something that ought to be confined to the Manager's office Mrs Banks said the expectation is, with the Human Services Committee, we could come up with an appropriate mechanism Be- cause their workload is taking longer than we had anticipated, they are concluding their budget reviews within the next few weeks, and we expect them to deal with this issue Chairman Miley asked Mrs Battin to work with Mrs Banks and the Human Services Committee Mrs Battin agreed to act as a bridge Chairman them for meeting with the Board and members of the Mystic Valley Area Board retired from the meeting ' lig Meeting ng - 7 - February 11, 1980 Mrs Jayne Gillespie Gordon, 599 Bedford Street, Concord, regarding License - her application to operate guided tours in Lexington. Chairman Miley Guided asked how this would conflict with the guides we have now? Mrs Tours Gordon said the difference would be that the tours would be based on specific themes, (1) The Revolutionary War; (2) Literary Landmarks; (3) An Architectural tour There would be no actual competition with the guides as there would be no soliciting for the tours on the Battle Green. Mrs Gordon also requested permission for conducting walking tours, which would be limited to 15 people, and the tickets would be limited to that number At the present time, she anticipates hiring 5 or 6 people and the tours would involve one carload of people Tours would be priced at a set fee and would be of a standard length They would be widely advertised as an overview of the town and cover- ing more than the chronical of events Mr Busa had no problem with the tour itself but questioned the conflict with the regular guides by starting on the Green; if not on the Green, would she be originating..the tours within the historic districts area? Mrs Gordon replied that she would need the direction of the Board before she decides Mr Kent said that the application for the license specifies that tours will be by reservation only, and in terms of our participation as the permit granting authority, that really ought to suffice; with that involved, he had no objection to sensible places to start and finish Mrs Gordon has indicated the different nature of these tours and by the representation on the application that tours will be by reservation only, of a standard length, set fee, and covering for the most part the area around the Green He was reluctant to write in a requirement that they start somewhere else in the light of the reservation Mr Busa said the reason for his feeling that they start someplace else is that this has now become private enterprise and the Town of Lexington should not give their peoperty for a private venture on the originating of a guided tour on the Green or the historic districts area He had no objection if they locate some other place and then take the tour to whatever historic spot or route they want to take when reserva- tions are made For private enterprise to start on the Green is not in good faith as far as the young guides we have on the Green. Mr Kent said he would like to make reference to the fact that the By-Law does contemplate people hiring out for remuneration with respect to historic places and buildings, anywhere within the town It cannot be done without first obtaining a permit in writing; the By-Law does not indicate a bias against people engaging in this kind of venture but that only the Board of Selectmen exercise some control He shared Mr Busa's concern about the spontaneous tours on the Green but Mrs Gordon's specific reference to "by reservation only" is enough for him to take care of that particular concern. Mr Crain said that all reservations should be to avoid conflict with the guides on the Green. His reservation was if the business becomes • Ill that attractive,and consideration is given to magnifying and multiplying this operation, it should be discussed with this Board before it happens Selectmen's Meeting - 8 - February 11, 1980 Chairman Miley said it also is a fact that if it becomes popular, there could be other people doing the same thing and we would have to take it on an individual basis She asked Mrs Gordon if she would be hiring buses? Mrs Gordon replied that she would not; they would be using individual cars Mr Kent suggested that the license be issued for one year, and the Board could reconsider a year hence and take into account the possible developments mentioned Upon motion duly made and seconded, it was voted to issue a license to Mrs Jayne Gordon to operate guided tours on the Battle Green and the surrounding area in accordance with the outlined information submitted to the Board of Selectmen; license to expire in February, 1981 Mrs Gordon agreed to meet with Mrs Nancy Banks to work out the details Innkeeper- Chairman Miley read an application from Mr Michael Hanafin for Battle renewal of the Innkeeper license for the Battle Green Inn Green Mrs Banks said that Mr George Smith, Health Director, has inspected Inn the premises and has recommended granting the license subject to improve- ments in certain areas Upon motion duly made and seconded, it was voted to sign the 1980 Innkeeper license for the Battle Green Inn, subject to the requirements of the Health Director Lodging Dr Bernard Yudowitz, owner of Wild Acre Inn at 50 Percy Road, met House with the Board regarding renewal of the Lodging House license License- Mrs Banks said there were some serious concerns raised at the in- Wild spections and if the Board decides to grant it, we would urge it be done Acre subject to them. The Fire inspector was concerned that the stairways were open and should be enclosed, that the corridors be made airtight, and flammable materials in the rooms be cleaned up The Health Inspector's report stated problems with asbestos lagging on the heating systems in the basement area, and that the kitchen and dishwashing area be re-painted Some of these things had been discussed last year during inspections and these are just maintenance items Mr Smith, Health Director, said there are problems and, generally, Dr Yudowitz would take of them One thing, some of the housekeeping items have gotten away from them because of the change in management A year ago, for the most part, they tried to keep on top of them. He recommended improvement in the general housekeeping items - cleaning and painting He has been looking at this lag for a couple of years The Manager told me today that they would get someone in to take care of these things within a week to 10 days, and that would take care of my reservations Overall, he would like to see improvement in the sanita- tion and painting areas Mr Crain said that last year the Board took an action in rendering only a 3-months license to underscore our very great concern about condi- tions that existed then, and at the time the 3 months were up, we gave the license for the rest of the year, once again focusing and underscoring "sustained improvement of conditions " In reviewing the record, there have been three tanagers since December of 1978, including the appointment of a new manager this week The basic problem is if the proprietor does not take the responsibility to assure that the quality items are taken care of The painting of the kitchen, which is highlighted again, was !° Selectmen's Meeting - 9 - February 11, 1980 last accomplished because the Health Director asked that it be done Some- one who runs a business like this thould take on the responsibility to main- tain the premises the way they are supposed to be and not wait for a Health Director to indicate it is time to paint the kitchen again Mr Crain was very concerned with the way this is being run and the turnover in personnel Dr Yudowitz said the 3 months permission was granted last year on the condition that a sewer pump station be put in; it was, at the cost of $52,000 The kitchen is painted twice a year but the house accommodates 20 people and there is daily use of the kitchen; perhaps it needs to be painted twice a year Within 30 days, anything that has been mentioned will be done Mr Crain said the record shows the report of the Health Director on December 20 of last year was that the sewage disposal had been satisfied and our minutes reflect that our concerns were with the other conditions that existed, general housekeeping, basement area and storage shed needed a thorough cleaning, bathrooms needed renovation The Board discussed renewal of the 1979 license for 3 months and instructed the Town Manager to inform Dr Yudowitz that if the pattern of violations continues, the license will be revoked So, in fact, it was not related to the sewer Dr Yudowitz assured the Board that since that report, the kitchen has been painted twice Chief Bergeron said the Fire Department also visited the premises again and we concur with the recommendations of the Building Commissioner There is no regulation on this at the present time but Dr Yudowitz has started to install a sprinkler system and a main has been brought into the building We would recommend as strongly as possible that the sprinkler system be completed Also, if the town accepts the warrant article that smoke de- tectors be mandatory for buildings with six or more dwelling units, this would give the town some fire regulations that would improve and strengthen the protective systems in these types of buildings We do hope the owner will complete the sprinkler system although there is no regulation that he would have to After discussion, the Board agreed to grant the license for 90 days Upon motion duly made and seconded, it was voted to grant the 1980 Wild Acre Inn Lodging House license for a period of 90 days, to May 12, 1980, subject to all recommendations of the Health, Fire and Building Departments being completed within this period of time; with the proviso that at the end of 90 days, Dr Yudowitz is to inform the Board what steps and involvement he would propose so that the same conditions do not occur the next time there is an inspection of Wild Acre Inn Mrs Banks requested the Board's endorsement of the DPW contract DPW The men ratified it this week with a little more than 10% of the member- Contract ship voting against the agreement Upon motion duly made and seconded, it was voted to endorse the contract for the Department of Public Works Upon motion duly made and seconded, it was voted to accept the recom- Bonds mendation of Mrs Banks to approve bonds of the Deputy Tax Collectors Patrick J Moynihan and Arthur W Degnin, in the amount of $5,000, each il ► Selectmen's Meeting -10- February 11, 1980 Bldg Mr Busa and Mr Crain discussed the classification change of Commr the Building Commissioner and it was agreed to discuss the matter of retroactive salary payment when Mr Hutchinson returns E Lex Mr Busa asked about the East Lexington fire station being closed Fire during training sessions for the firemen and said that it was his under- Station standing that a policy was made by the Board of Selectmen not to close the fire station It was agreed to check the previous minutes and talk with Mr Hutchinson at the next meeting. Patriots Chairman Miley informed the Board that she had received a telephone Day - call from Mr Fitzgerald, Chairman of the Town Celebrations Committee, WBZ that WBZ radio would like to broddcast the events of Patriots Day, Radio April 21, from 5 45 a m. until 12.00 Noon; therefore, he requests ap- proval of the Board so that arrangements can be made with WBZ and our appropriate town departments The Board had no objection, subject to the determination of the Manager and the Town Celebrations Committee Upon motion duly made and seconded, it was voted to adjourn at 9 05 p.m. A true record, Attest 464144-17A422cC Executive Clerk, Selectmen