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HomeMy WebLinkAbout1979-08-06-BOS-min SELECTMEN'S MEETING -111 AUGUST 6, 1979 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, August 6, 1979, at 7 30 p m Chairman Miley, Mr Busa, Mrs Battin, Mr Kent and Mr Crain; Mrs Banks, Acting Town Manager; Mrs McCurdy, Executive, were .p present Mr Hutchinson and Mr Cohen were absent x� Chairman Miley asked for confirmation of the vote to appoint the Acting Town Acting Town Manager Manager Upon motion duly made and seconded, it was voted to approve the Town Manager's appointment of Mrs Nancy H. Banks as the Acting Town * Manager during his vacation period of August 3 at 4 30 p.m. through Sunday, August 19, 1979 Mr Butler, Chairman, and Mr Hazel of the Personnel Advisory Personnel Board met with the Selectmen to discuss the draft of the purpose of, Adv Bd - k and charge to, the Personnel Advisory Board Charge Mr Butler said Mr Busa, Mr Hutchinson and he had met to review some general statements; Mr Hutchinson and Mrs Banks put together a statement and sent it to the three of them; Mr Butler had made changes, additions, and incorporated two items The Board of Selectmen agreed with Mr Butler's suggested item, "(The Personnel Advisory Board shall) submit annually an agenda of suggested policy proposals and projects, which it is prepared to initiate, for the Board of Selectmen's approval " Mr Crain commented that the expertise that is available to the town on the PAB would be enhanced if they feel, through their analysis, there are areas they would like to recommend to the Board; they would initiate action, and that is probably one of the best ways we can utilize the talent on PAB Mrs Battin said the proposed draft had said, "to provide advice and assistance to the Board on policy issues inherent in a personnel system," and ft is really keeping the Board educated or informing us about the philosophy behind personnel, etc and it could be one of the things PAB suggests to us annually in order for us to be more informed She liked the fact that PAB initiates because the Selectmen do not know enough about policy issues that are involved and the PAB could keep the Selectmen informed It would help if that were kept in Mr Kent said the revision a strengthens and clarifies the charge, and he was very happy with Mr Butler's changes Mr Butler said the members of the PAB are aware of the history of the origin of PAB and we are now looking to develop a charter for the future It is particularly important that the Selectmen clearly state how they feel about PAB being available as individuals or as a board to offer opinions, advice and counsel to any groups other than the Board of Selectmen The item Mr Butler referred to is as follows "(The Personnel Advisory Board shall) be available individually and as a group as requested by the Board of Selectmen, Town Manager and appropriate Town agencies and Committees to share opinions, advice and counsel " Selectmen's Meeting - 2 - August 6, 1979 Mr Kent said it does raise one question which is perhaps worthy of an addi1111- tion that it be clearly understood to the extent this occurs with the PAB giving advice to other agencies, that the Board of Selectmen be kept in- formed as to the nature and content of that advice He would request that the advice given to other boards who have a relationship with the Board of Selectmen be transmitted to the Board of Selectmen as well Mr Crain said he sees the function of the PAB as a resource available to everyone in the town very much like the personnel resource in corporate or large organization structure, and he suggested PAB operate in a manner that if individually or as a group they are requested to be involved in something, to ensure the Manager's office knows what that is In terms of individually, he would hope the individual would only act within the context of the glossar,r, of the full committee In his opinion, there could be a problem if an in- dividual begins to work as a separate resource rather than within the context of the committee Mr Butler suggested the words individually and as a board be struck and insert, "be available as requested " We would be operating more as a board and if anybody would be available individually, it would be because of the board deciding that the person who has expertise can. do it; it would not be that the individual would have freedom to do that on his or her own Mrs Miley said perhaps it could be done as it is done now through most of the boards and committees; usually, the Chairman re- ceives word first and then the members Mr Busa said he and the Manager had discussed this and they felt if this portion of it has broadened the magnitude - if the PAB wishes to have it extended - it would lead to the complications that we have had in the past where some committee or person N , - would call at the last minute and ask the PAB to come to their meeting that evening; then, there would be a lack of communication with the Manager and the Town Manager He felt very strongly that the policy be adopted that if any other committee s appropriation, recreation, etc - wants the advice and knowledge of the PAB, they should come to the Manager who would say he would set up an appointment for them at their next meeting We would at least know who they are talking to and on what subject, and we would not get into the situation we -ran .into last year when the PAB was requested by the Appropriation Committee to come down and speak with them and we knew nothing about it until a week later There was a conflict of communication with the Appropriation Committee and the PAB Mr Crain said he saw it differently; he saw the PAB, particularly in light of individuals in the background, as an unusual resource that's available in their area of expertise He would be bothered if they were operative and no one knew about dt, so rather than put it in the context of getting approval from anyone, it's rather with the caution that the PAB has been requested to be involved and the Manager would let us know about it - and there would be no surprises Mr Busa said then we should redefine the title of the Personnel Advisory Board to the town and not the Personnel Advisory Board to the Board of Selectmen and the Town Manager Mr Kent said he had no difficulty with Mr Crain's approach to this He felt that being in an advisory capacity to the Board of Selectmen and the Town Manager to assist the town government is broad enough to encompass that He recommended additional language along these lines, "through the Town Manager, the Board of Selectmen should be kept informed as to all such activity " He felt that is important We have pinpointed A Selectmen's Meeting - 3 - August 6, 1979 Illa minor issue which shouldn't be too difficult to resolve; namely, whether advance approval from the Board should be necessary, and he would tend to think not. Mrs Battin shared Mr Crain's and Mr Kent's view that we ought to be informed but our approval is not necessary Mr Busa thought the Board ought to define the PAB's obligation to the town government itself and not as an advisory board to the Board of Selectmen and the Town Manager Mr Busa said he would like to have the Town Manager's input on this issue Mr Kent concurred, and said the one area of tre- mendous concern to him is bargaining and he was sure the people on the PAB are sensitive that if they were summoned into a heated situation on bargaining to get counsel and advice, they would put the brakes on, particularly individually, and deal through the Manager's office It is extremely important that this particular function be orchestrated con- sistently through that one source Mr Busa said we discussed that very thoroughly, and the Town Manager would ask advice from them but they would not be taken into the negotiations Mr Crain agreed Mr Butler said he was not sure the language would solve all the problems but he suggested a change in the wording, "Be available as re- quested by the Board of Selectmen and the Town Manager to share opinions, advice and counsel and, through them, to other town agencies and com- mittees for similar purposes " The problem he had with "through them" is that the committee might have problems knowing you have to get permission in advance If people understand they come to you and say that they would like to talk with somebody about something, then it's through you He thought that this language might reach them. Mr Butler stated that the PAB has no interest in being other than a resource in ways in which it can be helpful, and in those areas you mention, we would not Mrs Battin said that does help She shared Mr Busa's concern and, in some cases, how to handle this as opposed to other committees that advise only us, i e , the Traffic Safety Committee, in which other people don't go directly On most of our advisory committee matters, the only action taken is by the Board of Selectmen There are personnel issues that are acted on by other boards and committees, such as Board of Health, Recreation, School Committee, so the advice that deals with them we do not take action on and we shouldn't necessarily know It is somewhat different from our other committees and if we could somehow clarify in the wording "advice on matters in which they have the primary responsibility " There is no reason for the Recreation Com- mittee to come and ask us to use the PAB to deal with something in their department but if it is something we had to ask for ourselves, that would be something different Mrs Banks said that, generally, the personnel functions under the Town Manager Act are centrally lodged in the Board of Selectmen and the Town Manager, except for the School Committee and the Planning Board; the Planning Board must approve the appointment of the Planning Director; also, the Selectmen appoint the Executive Clerk Personnel decisions are made by the Town Manager or the Board of Select- men for the town and no personnel functions are taken by other committees Mr Butler and the Board agreed that the Manager's input is important and the Personnel Advisory Committee is to come back on August 20 Chairman Miley thanked Mr Butler and Mr Hazel and they retired from the meeting Selectmen's Meeting - 4 - August 6, 1979 Conserve Mr Prentiss and Mrs Frick of the Conservation Commission met with Farm Land the Board to discuss the letter from Mr John Proakis, 256 Emerson Road, concerning the Conservation leasing of the 2-acre tract of land, located behind his house, to Mr Guy Doran for farming purposes Mr Prentiss showed a plan of the land and explained that it is a customary practice in the state to lease Conservation land for farming, and this keeps local agriculture busy in the towns We are proposing to lease the land and did not feel it has a major impact on the neighborhood as the land had been farmed for years Mr Buse said he had developed that section and had put the two acres into Planned Use Development The neighbors are upset as they were not aware that the land was to be leased for farm- ing, and it should be worked out so the land being used should not be offensive because of the dust, noise, etc The homeowners understood when they purchased the propertyitthat it would be PUD land They were never notified and feel they have some rights This is an unusual situation as Conservation asked Town Meeting to turn it over to them. Mrs Frick said that once it was turned over by Town Meeting to Con- servation jurisdiction, we knew we were within our legal rights and we were renting out the land to farmers and getting tax money back We made a tactical error by not notifying the people, but we have been doing this for two years; however, from now on, we will notify people Mr Proakis was present and said he felt there was a breach of contract on that par- ticular issue He pointed out that a majority of the neighbors are strongly opposed to commercial farming on this piece of property He asked if reconsideration could be given by the Conservation Commission, or perhaps give him the opportunity of leasing it Mr Prentiss said if be could meet the criteria and had the equipment, he could lease it if he had the knowledge to farm it He added that with the practiceof farming today, he doubted if the Commission would accept that The Board agreed the decision lies within the jurisdiction of the Con- servation Commission, but stressed the matter +.of good public relations by giving notice to the abutters concerning the proposed change in the use of land by the Conservation Commission Mr Proakis said he wasn't sure of what the outcome would be this evening and he was happy to see it turn into this discussion He retired from the meeting Recreation Mr Prentiss, Mr Wells, Chairman of the Recreation Committee, and Mr Center Tot Coscia, Acting Director of Public Works, met with the Board to discuss the Lot/Tree petition received from citizens concerning the removal of a tree at the Center tot-lot Chairman Miley said there were two separate issues brought up; the Recreation Committee had their hearing on the tot lot, which has nothing to do with the Board of Selectmen, but somehow became intertwined with a tree There was a hearing last week on the tree in the area where the tennis backboard was to be put up and the citizens met with the Recreation Committee and agreement was reached to move the tot lot to another area in the playground We heard from some , but not everyone, withdrawing the protest Chairman Miley asked if anyone wished to comment I Selectmen's Meeting - 5 - August 6, 1979 1 III A woman spoke in favor of saving the tree, clipping the limbs, and black- topping around it Mr Coscia said the tree would be a hazard as it is in the tennis court area, and there would be a liability of someone backing into it Mr Wells said the location of the backboard has been an integral part of the plan and we knew the tree was coming down He shared the con- cerns but the Recreation Committee felt we couldn't do without the back- board; the tree would be removed for safety measures There are many trees in the area and others would be planted Regretfully, the Board agreed the tree should be removed Upon motion duly made and seconded, it was voted to accept the recom- mendation of the Recreation Committee to proceed with the plan to remove the tree at the Center Playground in the tennis backboard area Messrs Robert and Benjamin Goodman of the Vocell Bus Company, Inc Vocell Bus met with the Board to discuss commuter bus service between Lexington Commuter and Boston Chairman Miley read a letter from Attorney Arthur White, Service representing the Vocell Bus Co , stating the company has been providing bus service on a regular basis for more than one year There is cur- rently a contract with the town to provide service through October 13, 1979, and it is requested that permanent rights be granted by the town to the Vocell Bus Co for this service Presently, the company has perma- nent operating rights from each city and town through which the service is conducted, except for Lexington The company has already made a substantial investment of time, money and equipment in performing this operation. All reports indicate the service is being well received and performed, and the need for-the service should escalate as the consumer's cost of operating a motor vehicle escalates The granting of a license would enable the company to go forward on a petition to the MBTA for a Certificate for the operation. The granting of permanent rights to the company would lead to increased expenditure of funds and utilization of equipment in providing the service Without such permanency, it would be burdensome for the company to make such moves without the certainty of continuity in operations Chairman Miley said we are happy to have the bus service but there are problems Mr Crain questioned the statement in the letter, "all reports indicate the service is being well received and performed " Also, the number of standees is quite measurable In the contract, it says the fre- quency of the routes to be set so there are no standees We expect what the contract calls for, and the concern expressed to him was that the bus was so packed, people were left at the stops You should build in some control so you know there will be no standees The back seats are in- operable, which could be discerned by walking through the bus You made a commitment that you expected to meet the standards Mr Goodman replied that they have heard a number of people say the service is good We ran at a loss and have had a gradual build-up of passengers, and all of a sudden there were so many people It is unfortunate there were standees but now this is being corrected and we are running a back-up bus We think we have done an excellent job Mr Kent asked about the implications of granting permanent authority with respect to continuing control of the com- munity over the types of problems and situations which Mr Crain had been III referencing, and the rates Also, what award of permanent authority would do with respect to the town's influence over the rates t, Selectmen's Meeting - 6 - August 6, 1979 Mrs Banks said if you have permanent authority, the rates are set by the DPW and possibly the MBTA as they have certain regulatory authority; there is also a hearing process Mr Kent said that, at the present time, the town has more control over the rates under the arrangement with the MBTA; the town is the operator and then makes its arrangements with the bus company to furnish service on behalf of the community He asked if the j Mgr 's Manager had a positiion with respect to the request for permanent rights? Recom Mrs Banks replied that we are opposed at this time to granting permanent rights When problems were brought to our attention, we were concerned about the time frame for corrective action, and it was her understanding the problems had been faced We had talked about having a fifth bus in place and some of the time frames have slipped; it has been a concern to us because when citizens call us it is very frustrating not to know exactly when the corrective action is going to take place At this point, we would feel that the existing contract that the bus company has will expire on October 13 and we don't feel we are ready to make a recommendation for action at October 13 We may recommend to the Board that you go with a 90-day period and see if the level of service is what you would like, and then make a de- cision Mr Kent said then the Manager does contemplate making a recommenda- tion to the Board in respect to this prior to October 13 Mrs Banks said the recommendation at that time would be not to grant permanent rights for the coming year, beginning October 13 Mr Ben Goodman said this is like a circle; you are asking for certain things to be done yet at the same time you are withholding the possibility or the ability to do so New or used equipment is very expensive and you have to come up with a pretty good story to get a bank to invest in you; so you are withholding that means of us increasing the service which we had intended and hoped with the Lowell run, and the only way we can do it is to hook up with Lexington and run from Lowell to Lexington to Burlington to Boston and to do both commuter runs and some local runs You say to put on vehicles, put on the service, but we won't give you the chance to in- crease it so that you can make the money to do so If the MBTA does close down, you are going to be at a loss Mr Kent said this indicates a rather substantial gorund which needs to be negotiated twixt the company and the town, and the Manager's office is the agent for the town for the purposes of carrying on that negotiation - although the Manager would have to satisfy us with respect to any conclusion that he ultimately comes to From the Board's standpoint at this moment, action on a request of this character would seem to be premature, _in the light of what apparently is the need for rather considerable, further negotiations twixt the Manager's office and the company Mrs Banks said one of the issues is that the decision to grant the bus company permanent rights lies with the MBTA, not Lexington The MBTA has Made it clear that they do not want to grant permanent rights because once the company has permanent rights, control over the service lies with the company Now, it is felt that there is more control needed by us Mr Busa said that Mr Crain rides the bus and from what he read to us, the conditions of the contract are what govern the service and that service was not provided Before he would even grant a 90-day contract, he would put it out to bid and see what other companies would do in that situation Mr Robert Goodman asked if, originally, it was a bid, and Mrs Banks said it was a written proposal I Selectmen's Meeting - 7 - August 6, 1979 Mr Crain pointed out that Mr Goodman had made some very specific commit- ments, which he had signed How it had been tracked to ensure that those commitments were met mystified Mr Crain, and he didn't know how they could have allowed those conditions to continue It is not encumbent upon this Board to make sure they provide the service Mr Robert Goodman said he believed they had provided the service and provided it well There might have been broken seats but there were very few; he agreed there might be a case of standees but it happened in a hurry and it has been permanently rectified Chairman Miley asked for comments from the audience, and Mrs Ann Reimer said the problem of standees has been corrected for about two weeks; it has been a problem about six months, and she was not satisfied with the situation Mr Goodman has said he has solved the problem in the morning but he has not solved it at night Mr David Cravitz said he had started taking the bus in April and was initially satisfied and will continue to take the bus into Boston Personally, there was no problem but in June there were standees every day He would like to be able to get an earlier and a later bus At one time, there were 76 people on a bus which seats 52 people Mr Ralph Packard spoke in behalf of the service and said in spite of the problem of standees, which will be corrected, he felt the service is excellent Mrs Elaine Dratch said the gas crisis caused a great impact on every bus company The bus company is attempting to meet these needs and we should keep in mind the kind of service that is provided, and work at it constantly Mr Norman Davidson said he was satisfied to an extent with the service, and there is a lot more the company could do He had talked with Mr Goodman, who had told him that the only way he is going to be successful is if we are truly satisfied The problems are, standees, broken seats, air conditioned buses being taken off, some times the buses didn't show; buses are unsafe and there are no handles for standees; people were left standing and had to find other means of transportation He urged the Board and the town to encourage Mr Goodman to make every effort to provide the service he had agreed to, and if we get the extra effort from him, maybe we could satisfy him with a reasonable contract Chairman Miley said from what she had heard, people are happy with the service as far as the fact that we can get into town quickly; there are some drawbacks and there have been problems, and she hoped the Board will come to some conclusions as to how long we should renew this in time Perhaps the Goodmans could work with the town to correct the problems since they know where they are, and by working together we can make this service, which is definitely a plus for the town, to serve as it should Mr Goodman said we are trying to get the increase :in service and to get the right to go from Lowell to Lexington to Boston He did not know whether permanent service is required or not, and he would check that out Upon motion duly made and seconded, it was voted to table the matter and to inform Messrs Goodman when it will be scheduled as an agenda item Selectmen's Meeting - 8 - August 6, 1979 111 Mini-bus Mr Fred Rosenberg, Chairman, and members of the Transportation Rates Advisory Committee met with the Board to submit recommendations on the Routes rate structure, routes, and parking the mini-buses in Lexington Mr Parking Rosenberg said the committee recommends a rate structure of: Individual ride-25 cents; elderly and children under 8 years-10 cents; chaircar- 50 cents In terms of marketing, the committee felt we ought to have an introductory offer of annual passes at $25 00 for up to one month or less, and $30.00 thereafter; $100 00 annually for families Mr Crain said the proposal on rates is the product of extensive, careful consideration and the best advice available from people who have ad- vised other communities on setting up their system, and it is intended to front end the cash flow He highly recommended the committee be given the flexibility of the $25 00 for up to one month Mr Busa said he fully supports the initiation of this mini-bus service; how- ever, he would comment that at some point in time we have to be realistic and try to have it as close to cost effective as possible The Board is upset with the MBTA constantly running on a deficit budget and it would be adverse for us to run a deficit on the mini-bus service. At some point we have got to raise more money than the $2,000 that is anticipated. If we only raise the senior citizens to 20 or 25 cents and 35 cents for students, this will help to make it more viable. Rate Upon motion duly made and seconded, it was voted to accept the recom- Vote mendation of the Transportation Advisory Committee as follows Farebox Structure Individual ride-25 cents; elderly and children under 6 years-10 cents; Chaircar-50 cents. Annual Passes-$25.00 for one month, or less, introductory offer; $30 00 thereafter. Annual Family Fee-$100.00 Mr Rosenberg discussed the routes and said there have been a few changes made since the last meeting; the coordinator and the interns have gone over them very carefully and the routes run from 7 to 9 miles Addition- ally, we have talked to the MBTA regarding taking the service off the Arlington Heights bus route, and we have two alternatives that we may be able to present to them, (1) to delete the service to Arlington Heights and basically leave everything else the same; (2) the MBTA in- sists on getting the mini-bus off Massachusetts Avenue and we would have to run it through Follen Hill Because of the extra time there, instead of being able to go up Pleasant Street, Mason Street and Peacock Farm Road, we would go straight up Oak Street to that section of East Lexington, al- though it would not be as beneficial to the people in that area we would be forced to do it on the time limitation We had hoped we would get a letter from the MBTA but we have learned they are not going to write one The MBTA Board of Directors may not get to sign a contract with the town next week and they have been told we want to sign a definite contract as soon as possible We would like approval of the routes as the routes go down as part of the contract. 111Route Upon motion duly made and seconded, it was voted to approve the routes Vote as submitted and to authorize the Transportation Advisory Committee to pro- ceed, as necessary, with Option 1 (to cut out the trip into the MBTA at Arlington Heights but include Pleasant Street, Mason Street, Peacock Farm Road and Massachusetts Avenue, if possible.) Selectmen's Meeting - 9 - August 6, 1979 Mr Rosenberg said the committee had discussed the mini bus transfer station at the Transportation Advisory Committee meeting last Thursday; Mr Buse, 'Mr. Crain, and some of the interested merchants were there We made a list of objectives and criteria, and the primary factor was the safety of passengers; we also wanted to minimize any congestion that would be caused by the buses We still feel the original proposal at Yangtsee Restaurant was the best, and we understand the concern of the owner The committee recommends the opposite of Depot Square at Colpitts, the Bank, and Ski and Sports Shop We have not been able to get in touch with the Manager of the Bank or the Manager of Ski and Sports but we did speak with the Manager of Colpitts, and they are indifferent This location would eliminate three metered parking spaces and about two spaces that are in a "no parking" area Mr Grain _said -unlike 'the. other side of .Depot Square wherewefirst focused -because of. the high necessity of the vehicles, there is parking across the street and parking behind the Ski and Sport, which there is not in the other locations; this is a fair compromise to accommodate not further restricting the other side of Depot Square and yet attaining the visibility that is critical to the service It strikes the best bargaining when given all the factors Mr Kent shared Mr Crain's view of the desirability of staying in Depot Square rather than going out back; we could make it clear at the outset to the potentially affected people that we would monitor this very closely and if there are problems unforeseen which arise in connection with this, we will act with speed to make alternative arrangements if that turns out to be necessary Chairman Miley said we did refer it to the Traffic Safety Committee and their basic comment was they needed more time to look at all the alterna- tives; unfortunately, we don't have that much time because this should be established before the buses She asked if there had been any considera- tion of the taxi parking spaces as we are losing some spaces in front of those three stores Mr Crain said he questioned the allocation of that number of taxi spaces (7) and wondered if there is a way of analyzing the situation to provide fewer spaces and let the taxi company queue up its taxis behind the depot Mr Buse said the worst place is in Depot Square He mentioned the conditions at the bus stop at the Colonial Garage and felt there would be the same adverse effects on Colpitts, etc Mr Giroux was recognized and said that sometimes there are only one or two cabs at the taxi stand, with the rest of the spaces vacant He was concerned because his tenants are going to be affected by problems of litter, loitering, and traffic coming in at great speed He felt the buses would be better off in back of Depositors Trust; it involves shoveling in the winter and it is something for the Board to consider Upon motion duly made and seconded, it was voted to approve the recom- Vote- mendation of the Transportation Advisory Committee, on a temporary basis, Mini-bus for the use of the three metered and two "No Parking" spaces on the right- Parking hand side of the Depot Square entrance for a transfer station for four mini-buses Mrs Banks said the Manager's office has been doing some research on the taxi spaces; in 1945, the Selectmen voted the use of four spaces and there are references in the minutes between 1950 to 1959 about six spaces The matter will be brought up again The Board agreed to table the Transportation Advisory Committee's suggestion of inserting a mini-bus schedule in the tax bill mailing Selectmen's Meeting - 10 - August 6, 1979 Moon Hill Mr Peter Chalpin, Assistant Town Engineer, met with the Board to Easement discuss the letter from Mrs Thompson and Mrs Dempster concerning the Moon Hill easement Chairman Miley said this has been going on since 1976 and the question is if the sewer goes up to Moon Hill, do the individuals have to connect to it now? Mr Chalpin said they do not; the betterment can be deferred Mr Busa added, for a time certain and then renewed. He recommended that the project go forward Upon motion duly made and seconded, it was voted to accept the recommendation of the Assistant Town Engineer to go forward on the Moon Hill easement project Mrs Thompson is to be informed that she does not have to connect to the sewer until she so desires P B C Mr Busa said the question had been raised to him over the weekend Pool as to who has authorization over the expenditures from the contingency Contin- fund for the pool Mr Coscia, DPW Manager, replied that the Town gency Managlir. Chad left it up to him.. Mr Busa said .he did not wantithe Permanent Building Committee spending money without letting the elected officials know Mrs Banks said we are aware of the problem and we are getting an opinion from Town Counsel Other members of the Board agreed that if discussion is to be held, a member of the Permanent Building Com- mittee should be present Drain Mrs Banks requested approval of a drainage project on Mass Avenue Project in East Lexington Work was being done in the area and they found a pipe which had rotted out and must be replaced Upon motion duly made and seconded, it was voted to award the project to Great Northern Constructors, in the amount of $9,500, for the replace- ment of a drain located off Mass Avenue in East Lexington; authorization is contained in Article 16 of 1977 Chairman Miley read a letter from Mrs Ruth Morey, Chairman of the Board of Appeals, stating that her board had conducted hearings and had granted petitions for the Westbridge School and the Minuteman Home Care Services to occupy the Grey Nuns' School on Pelham Road for a period of two years In granting these petitions, the Board of Appeals felt the flow of traffic question should be referred to the Board of Selectmen and the Traffic Safety Committee Mrs Miley said that letters have also been received from Mr and Mrs Lawrence Miller and Mrs Angela Frick of Tavern Lane stating their concern about the total projected traffic count for the proposed use of the school, the 51 parking spaces appear to be inadequate, and an increase of five times the present traffic on streets which are unable to handle this increase Mrs Battin said that, two years ago, the Board met with the Traffic Safety Committee to define their role They talked about cases where the Planning Board and the Board of Appeals often need planning studies done for proposed developments or to make informed decisions Mrs Battin quoted from the agreement reached at that meeting, "All present at the meeting (Mr Zabin, Planning Board Chairman; Mr Wadsworth, Board of Appeals Chairman; Mr McSweeney, Traffic Safety Committee Chairman; Mr Hutchinson, Town Manager; all members of the Board of Selectmen) appeared to agree that in-depth studies are properly the privince of the Planning Board and should be regularly addressed to them. If necessary, Selectmen's Meeting - 11 - August 6, 1979 III the Planning Board can require the developer to contract for in-depth studies The Selectmen could then, if requested, have such studies critically reviewed by the Traffic Safety Committee " Mrs Battin said the feeling is that the official town members of the Traffic Safety Committee are available to the Planning Board to use in this capacity, but the Traffic Safety Committee themselves felt that this was too much for them to have to do She wondered if the Board ought to be looking at these larger traffic issues and thinking some better way of addressing them. Mr Kent shared Mrs Battin's concern about assignment of the appropriateness of this particular type of problem to the Traffic Safety Committee This is really a matter of attempting to anticipate, from a planning standpoint, the impact of particular projected activities There is a reference to a projected traffic count and he did not know whether there has been one made, and he presumed there had not been What we are being asked to do now is to anticipate a problem and he felt there is not a facility in the Traffic Safety Committee fully equipped to do that Mrs Battin said it is potentially a serious problem, and suggested that perhaps the Planning Board could set up a process so that the proper kind of participatory work gets done, not only in this case but in other cases such as Depot Square, which is an anticipatory thing These are major issues which are really the province of the Plan- ning Board and they ought to be involved in Mr. Buse said the only problem he could see is the use of Tavern Lane, and is this where the problem seems to lie? Mrs Frick said she wanted somebody to recognize that the total III traffic should have been considered and this is part of the Planning Board's function We in the neighborhood are concerned and someone with expertise should study it; we expect buses, vans, taxis, etc and there will be at least five times the traffic there was with the school When you have de- velopments in the town, there are figures given out Mr William Sen was present and said he had attended the Board of Appeals hearings and they have figures - guestimate numbers He personally felt there could be bad accidents at Mass. Avenue and Pelham Road The Board agreed not to refer the matter to the Traffic Safety Committee and to suggest to the Board of Appeals that they contact the Planning Board The Board briefly discussed the draft of the Selectmen's Statement on HUMAN Human Services, including the charge to the Human Services Advisory Committee, SERVICES and it was agreed that Board members are to submit written questions and com- ments to Mrs Battin Time will be scheduled at the meeting on August 27 for a lengthy discussion of the complete statement, charge and membership ofthe committee to be appointed on September 10 The Board voted to approve the following agenda items Lexington Minute Men request for the use of the Green on August 12, 26; Permit September 16; October 7 for Living History Exercises Minutes of the Selectmen's meeting held on July 23, 1979 Minutes Guide License for Daniel McGrath, 35 Reed Street Guide IIIRe-appoint Mr David Laredo a member of the Sewer Advisory Committee Sewer Adu for a term expiring May 31, 1980 Appt 1 L Selectmen's Meeting - 12 - August 6, 1979 Election Appointment of thirty-five Democratic and twenty-one Republican Officers Election Officers for terms of office expiring September 1, 1980 The Town Clerk is to be requested to notify each officer Appts The Board agreed to appoint three members to the Energy Committee, Energy as directed by the 1979 Annual Town Meeting under Article 49 These Com. appointments will be added to the membership of the School Committee Energy Committee Upon motion duly made and seconded, it was voted to appoint Daniel Harwood, 14 Whittier Road, Jerome J Green, 28 Winchester Drive, Eric M Olson, 3 Brigham Road, for 3-year terms of office expiring May 31, 1982 Dues The Board discussed the Mass Municipal Association's Home Rule Legal Fund fee of $275 10 and agreed not to participate, with the understanding if an issue arises involving the interests of the town, reconsideration would be given Permits Upon motion duly made and seconded, it was voted to approve block parties on Manning Street on August 26 from 12 00 Noon to 6 00 p m ; Oak Park Circle on September 9 from 2 00 p m to 8 00 p m Elks Mrs Banks discussed the request from the Elks Club to hold a Flea flea market on their property on Sunday, September 16 from 9 00 a.m Market to 4 00 p m She informed the Board that Town Counsel has advised that flea markets are not permissable within Lexington The Board agreed to so inform the,,Elks Club Insurance The Board agreed to adopt the charge to the Insurance Committee, Committee and to make the appointments at a later meeting Charge Upon motion duly made and seconded, it was voted to adopt the Select- men's charge to the Insurance Committee, as follows The purpose of this committee is to review the Town's insurance programs, particularly the workmen's compensation policy and prepare recommendations about the future administration of these policies 1 Review and evaluate current workmen's compensation insurance policy and program. 2 Prepare a report and submit to the Selectmen by December 1, 1979 a recommendation for future insurance coverage and program admin- istration The report should include, but not be limited to a Evaluation of current costs b Feasibility of self-insurance program. c Recommendations for local administrative responsibilities d Estimated cost of recommendation 3 Review and evaluate current Town insurance program excluding employee benefit programs 4 Prepare a report and submit to the Selectmen by December 1, 1979 a recommendation for appropriate insurance levels, and recommenda- tions for future bid specifications A Selectmen's Meeting - 13 - August 6, 1979 Mrs Banks discussed a copy of a letter from the Manager to the Chair- MCAD - man of the MCAD, stating the town has filed a draft of the fair housing Fair portion of its Affirmative Action Plan but some elements of that plan have Housing yet to be completed. After discussion with John Ahearn, we are requesting Plan an extension for completion of the remaining elements of this plan in this order 1 Appointment of an individual as a contact point between the Fair Housing Committee and MCAD by August 21 2 Establishment of a Fair Housing Committee by the Lexington Board of Selectmen by September 11 3 Establishment of goals for affirmative action for future residents of low and moderate income housing by October 15 Because of the length of our Town Meeting and the need to involve ap- propriate groups in the establishment of any goals, we would ask that these timetables be approved and that an extension be granted. We believe that citizen involvement is worth taking the time to get these goals established; timetables are being reviewed with the Board of Selectmen on August 6 and my office will confirm these with you early next week. Upon motion duly made and seconded, it was voted to endorse the ex- tension for completing the remaining elements of the fair housing portion of the Affirmative Action Plan of the Town of Lexington II/ Mrs Banks recommended that the Board authorize the Town Manager to Town Land- negotiate with Mr and Mrs Lail for an appropriate price dealing with Lowell St - the conveyance of the piece of property at the corner of Lowell and Bryant Rd Bryant Road at 258 Lowell Street Conservation, Planning, Recreation, Housing Authority and Building Commissioner have no objections to this property being conveyed to the Lails Upon motion duly made and seconded, it was voted to authorize the Town Manager to negotiate with Mr and Mrs Lail for the convenance of town- owned land at the corner of Lowell and Bryant Road, and the Town Manager is to proceed with arrangements for an appraisal of the land Mrs Banks informed the Board that Edco will vacate the premises at Parker the Parker School as of September 15, and requests are now being reviewed School - to get our buildings occupied; otherwise, we will be boarding them up Edco Mrs Banks informed the Board that Mrs Alice Hinkle has resigned Recreation as a member of the Recreation Committee The Board agreed to publicize Resignation the vacancy on the committee Mrs Banks said a report will be submitted to the Board on Hancock Hancock Street It appears :that pit idll net be done this year as there are Street problems with the design of the street and communications with the state are incomplete Selectmen's Meeting - 14 - August 6, 1979 Mass Mr Crain requested additional information on the Manager's agenda Municipal item indicating our interest in participating with the Mass Municipal Assoc - Associations in a cooperative approach to collective bargaining, which Collective would cost the Town $350 00 Bargaining Executive Upon motion duly made and seconded, it was voted 5-0 by roll call Session vote - Mrs Miley, Mr Busa, Mrs Battin, Mr Kent and Mr Crain - to go into Executive Session for the purpose of discussing strategy with respect to litigation, with no intention of resuming the open meeting After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 11 30 p m A true record, Attest e.:40,49 • 21,'g :. Executive Clerk, Selectmen I I