HomeMy WebLinkAbout1979-06-25-BOS-min I s
11
V' 'o
f ytl
SELECTMEN'S MEETING
June 25, 1979
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, June 25, 1979 at 7 30 P.M.
Chairman Miley, Mr Busa, Mr Kent and Mr Crain; Mr Hutchinson, Town Mana-
ger and Mrs Nancy Banks, Assistant to the Town Manager; Miss Casey, Principal
Clerk, Selectmen were present
The Chairman opened the meeting with an administrative and Selectmen's Moon Hill
hearing regarding the request of Mr & Mrs Richard S Morehouse to extend the Sewer
proposed sewer at Davis and Bird Hill Roads through an easement in order to
service their house at #37 Moon Hill Road
Mr Frank Leahy of the Engineering Department informed the Board that the
time schedule calls for the construction of a sewer in Davis and Bird Hill
Roads in the fall This makes it possible to service the four homes on Moon
Hill Road by extending the sewer from this intersection southwesterly 85 feet,
then going southeasterly with a sewer eastment of 180 feet to service the
Morehouse property From this point it is possible to service the other three
houses on Moon Hill Road via a sewer easement behind the three homes
During the discussion it was brought out that for several years there has
been considerable opposition to this project from the people living in the
area Mr Chalpin, Senior Engineer, stated that plans have been gone through
with the neighbors, step by step, and the present plan arrived at is the final
of five There will be four houses assessed for the project, one of which is
Mrs Thompson's who was not at the hearing and who had previously objected to
the project Mr Arthur Dempster, #39 Moon Hill Rd , Mrs Louis Quagliata,
38 Moon Hill Rd and Mrs Richard Morehouse were in attendance and expressed
concern relative to the destruction of trees and shrubs in the area but were
in agreement that the project go forward
Mr George Smith of our Board of Health and Mr Charles Code of our Sewer
Advisory Committee agreed that the sewer should be constructed because there
is so much ledge in the area and any failure of septic systems at the top of
the hill would create a health problem in the lower areas
The Town Manager informed the Board that a report will be filed on the
estimated bettermentassessments and that he will try to contact Mrs Thomp-
son with the intent of trying to resolve any problems so that the Engineering
Department can proceed with the project As the contractbidsgo out in
August, he will stay in contact with the neighbors and keep them informed
The Chairman thanked the residents, Sewer Advisory Committee and Mr Smith
of the Board of Health for being present and declared the hearing closed
The Manager requested the Board to authorize additional funding in the Additional
amount of $26,457 52 against the $2 5 million dollar bond issue to complete Funding
the Moon Hill Sewer Project bringing the total project cost to $308,400 00. Moon Hill
Upon motion duly made and seconded, it was voted to authorize additional Sewer
funding in the amount of $26,457.52 against the $2 5 million dollar bond issue
to complete the Moon Hill Sewer Project
The Manager requested the Board to authorize the transfer of $6,775 00 Transfer
to Account #1775 (Legal Fees) to cover unanticipated costs of the Dennis Requests
and Hall cases and a transfer of $1,837 16 to Account #1800 (Legal Expenses)
S.Co
- 2 -
to cover the cost of the Dennis case and the cost of having Zorka Engineer-
ing testify on the Town's behalf. He also informed the Board that the
Public Works Department came to him today and requested a transfer in
Account #5700 (Sewer Maintenance) for a complete overhaul of the North
Street pumping station and an overhaul of the main pumping station on Bed-
ford Street and a court judgement by Middlesex District Court The total
request was $4,000 00
The Board expressed concern that there was no time to review the figures
and present any questions concerning the transfers Mr Hutchinson is to
file a complete report regarding the requested transfers
Upon motion duly made and seconded, it was voted to authorize the trans-
fer of $6,775 00 to Account #1775 (Legal Fees) , $1,837 16 to Account #1800
(Legal Expenses) and $4,000 00 to Account #5700 (Sewer Maintenance )
Life Insurance The Manager requested the Board to table the award of any commissions
Commissions or binders fees on the life infurance policy awarded last week to the Boston
Mutual subject to his getting additional information from the Boston Mutual
Mr. Crain asked whether or not it was normal for the Board to be in a posi-
tion of having to select the broker Mr Hutchinson informed the Board that
it had been before the Board before and he will check with Town Counsel and
find out who the appropriate awarding authority is Mr Kent expressed the
same concern and Mr Hutchinson is to get a report for the Board
Public Offic- The Manager requested authorization of the Board to obtain a formal
ial Ins quote from Unimark McDonald of Dallas, Texas and enter into an agreement on
the Public Official Liability insurance for the period July 1, 1979 to
July 1, 1980 so the Town would be covered as of July 1
To Mr Kent's question, the Manager stated that the policy had not been
reviewed by Town Counsel, but would be this week He had reviewed the policy
administratively checking the coverage and details without legal advice
Mr Kent stated that he felt that Town Counsel should review the policy
coverages and its soundness before acting on it
Mr Busa felt that a quote and coverages should be obtained before en-
tering into any agreement
The Manager informed the Board that the present policy expires on July 1
and that it was very difficult to obtain this type of coverage He stated
that he had obtained quotes on the phone and was trying to get them formalized
Mr Crain stated that something should be obtained in writing prior to
July 1 that assures that there is coverage as this is a critical official and
personal area He requested that the procedure be tightened up and that the
advice of counsel be obtained The Board agreed to table the matter along
the lines indicated by Mr Crain and the Manager is to get a binder on the
coverages
Kendall Rd The Manager informed the Board that he had received a peition from some
Street of the residents of Kendall for street acceptance of Kendall Road It will
Acceptance be in the budget considerations for next year's street construction
Apptdint- The Manager requested the approval of the Board for the appointment of
ments Mr Joseph Rooney and Mr Louis Tropeano to the Council on Aging
Council on Upon motion made and seconded, it was voted to approve the appointment
Aging of Mr Joseph Rooney and Mr Louis Tropeano to the Council on Aging for terms
to expire April 1, 1982
541
- 3 -
Selectmen's Meeting June 25, 1979
The Manager requested the approval of the Board in the reclassifica- Reclassi-
tion of the clerk in the Inspection Department Under Mr DiMatteo's ad- fication
ministration, he has reassigned the Inspectors so that they are out of the Clerk
office 75% of the time and are no longer available in the office to assist Insp Dept
the Clerk As a result, the clerk must work more independently responding
to inquiries and overseeing the permit process The Classification Review
Board has approved this reclassification
Upon motion duly made and seconded, it was voted to reclassify the
position of the clerk in the Inspection Department from Class 3 to Class 4
Mrs Banks informed the Board that a group called the "Friends of the Friends
Lexington Council on Aging" which was incorporated last year wish to embark of the
on a fund raising campaign to raise funds for a senior center They wish to Lexing-
prepare the legal documents so that contributions can be tax deductible ton
They wanted to inform the Board so that if there were any concerns they Council
would like to know before starting the fund raising process on
The Manager informed the Board that this would be a private agency and Aging
the Town would have no part in it
Mr Busa expressed concern regarding whether or not there would be two
groups going in different directions to establish a senior center -- or would
this group be coordinated with the Council on Aging
Mr Hutchinson stated that, as he understood it, it would be a joint
venture in the sense of monies being made available and there would be rep-
resentation on it of the Council on Aging
Mr Crain pointed out, and the Board agreed, that it would be in no
position to formally recognize such an undertaking and should not get in-
volved
Mr. Kent agreed and stated that such a group has no obligation to
obtain the permission or blessing of the Board of Selectmen It is strictly
a private enterprise It is private activity and really cannot have
and does not need the official sanction of the Board
Mr Hutchinson will reply to Steve Clark who had contacted him and
articulate the position that what they do is on their own and the town does
not endorse the venture but appreciates being informed
The Transportation Committee met with the Board to discuss the winner Mini-
in the "Name the Mini-Bus" contest Mrs Sally Castleman and Mr Fred Rosen- bus
berg were present Mrs Castleman requested the approval of the Board rela- Name
tive to the selection of the name which they felt met the criteria they had Contest
set forth. The first choice was LEXPRESS
Upon motion duly made and seconded, it was voted to approve the name
"LEXPRESS" for the mini-bus
The Chairman thanked the committee for its hard work on the mini-bus
proposal and Mrs Castleman and Mr Rosenberg retired from the meeting
The Manager brought to the attention of the Board a letter that had Gas
been received from the Governor on his proposed gasoline control program that Short-
was received today He asked the Board of Selection working through its age
administration, specifically the police department to coordinate the opening
111 and closing of retail gasoline stations in order to be sure that one or more
retail gasoline stations would be open and selling gasoline from 7 00 a m.
to 10 00 p m. seven days per week It was requested that the local police
departments make this information available to local residents as well as to
communicate the names, addresses, telephone numbers and opening and closing
.562_ - 4 -
hours of the stations to the State Energy Phone each Friday morning for week-
end dissemination to the public Certain amounts of state set-aside gasoline
would be available and may be used to supply stations willing to remain open
on Sundays and holidays
Mr Hutchinson informed the Board that he would like to work with the
Chamber of Commerce, who had told him previously that it would be willing
to glad to work with him. He felt that by outlining the Governor's set-
aside program to the retail dealers there may be some who would be willing
to stay open on week-ends
Mr Kent pointed out that the Governor specifically requested that the
police as the local agency to handle this and he felt that Mr Hutchinson
feels that it is an administrative function within his office Mr Kent
feels that the Manager should handle it The Board agreed and Mr Hutchinson
feels that the Governor would be comfortable with this arrangement
MAPC Grant The Board discussed at length the request of the Manager for approval of
Application an application to MAPC for a grant in the amount of $5,000 The funds to be
used to hire a part-time management analyst who would work with Mr DiMatteo,
the building commissioner, in the creation of an "Office of Community De-
velopment " The town, as part of the grant, must provide matching funds for
the project The Manager stated that $3,000 may be allotted for personnel
compensation from budget #1070 (temporary and part-time personnel) and the
remaining $2,000 will be contributed through in-kind services He stated
that temporary help is a budget the manager controls, but the grant requires
the the elected officials' approval of the petition It would be a one-
year project the objective to coordinate and bring under one head the plan-
ning, building and conservation areas
To questions posed by the Board, the Manager stated that the individual
would report on a day to day basis to the building commissioner and report
back to the manager's office and a report would be filed with the Board as
well He pointed out that the intent is to look at the whole permit process
and the overlaps that are in existence now as there are separate filing
systems in all areas and separate permits in all areas He feels that there
should be a way to centralize the systems He informed the Board that
specific skills for the job had not been established but a job description
had been and what was required was some management experience, administra-
tive experience and knowledge of the building area He stated that the
process was to investigate the current procedures and also that of an
office of community development, if that is desirable in the process
Mr Kent expressed concern for the need for the creation of an Office
of Community Development He stated that if the grant presentsan opportunity
to obtain some outside funding to enable the manager's office to attempt a
coordination of all the permit procedures in the community with a view of
making the whole structure within the office of the building inspector and
related departments smoother or more effective it was fine His concern
was the seeming permanent structural addition to the town of an Office of
Community Development and he did not want to endorse that
Mr Busa felt that it was another step in the bureauracy of town
government and he would like to see the money used for part time help
Mr Crain stated that he felt that the points were well taken but he
felt that it was an appropriate use of 14% of part time funds with the
proviso that the Board would have a report by the July 23 meeting contain-
ing the specific objectives of the use of the position and what specifi-
cally the building blocks are that are intended to lead to those objectives
so that periodically, after once understanding the process that will be
employed, the Board could have check points wehreby it could see what
progress is being made He requested that the specific skills that are
.4463
- 5 -
Selectmen's Meeting June 25, 1979
envisioned be well delineated so that as the position is advertised and
candidates come in they can be candled against them.
To Mr Kent's question, the Manager assured the Board that it could
withdraw the application or decline the grant at any time
Mrs. Banks informed the Board that Mrs Frick, Lexington's repre-
sentative to the MAPC had discussed the application with her and had two
concerns that she would like cleared up before she would endorse the
application The application requires the endorsement of the MAPC rep-
resentative Mrs Frick requested a change in the definition of what the
Conservation Commission does to expand its administration of the Wetlands
Protection Act and some small language changes Mrs Banks stated that
the changes would be made
Upon motion duly made and seconded, it was voted to approve the re-
quest to apply to the MAPC for a grant in the amount of $5,000, and the
Town to provide matching funds with the proviso that a report would be
filed with the Board by July 23 outlining the specific objectives, what
the building blocks are that are intended to lead to the objectives, and
the check-points to monitor the progress and the specific, well delinea-
ted skills of the candidates
The Board voted to approve the following agenda items
Sign an additional Order of Taking for sewer easements in Patricia Easement
Terrace Town Counsel advised the Board that the Order of Taking Patricia
approved at the meeting on June 18, 1979 would not be recorded Terr
Request from the Conservation Commission to sign Exercise of E A T Realty
option to purchase E A T Realty Trust land for conservation Trust Option
purposes
Sign Warrant to Animal Control Officer re 841 unlicensed dogs Unlicesed
Dogs
Approve addresses for Certificate of Incorporation as follows
Tri Community Health Services, Inc 353 Mass Ave Cert of
Lexington Chamber of Commerce 1875 Mass Ave Inc
Approve minutes of Meetings of March 12 and May 29, 1979 Minutes
Accept resignation of Mr Theldon E. Phinney as a member of the Resignation
Board of Registrars, effective June 30, 1979 Theldon E
Phinney
Appoint the following guides
Andrew S Macey 359 No Emerson Road Guides
David Marin 68 Old Colony Road
The Board discussed the charge to the newly formed Community Health Community
Committee that was drafted by Mr Page and the appointment of the members Health
to the Committee Mr Kent stated that Mr Page expressed a preference Committee
to hold one appointment pending as he would like to have someone related
directly to the committee to be formed on the human services structure
organization The Board agreed
d'j/ - 6 -
Upon motion duly made and seconded, it was voted to approve the follow-
ing charge to the Committee
11/
1 To participate with the Human Services Council in drawing up
a charter for a permanent Community Health Committee struc-
tured appropriately under the Human Services Council umbrella
2 Collect information on medical and other health services
available to the citizens of Lexington as suggested by
Dr Michael S Erdos and reviewed with the Board of Health
at its June 18, 1979 meeting
3 In defining a charter, this Ad Hoc Committee will take into
account the proposed charter contained in the January 10,
1979 memorandum to the Board of Selectmen as endorsed by the
American Association of Retired Persons Executive Committee,
The Lexington Council on Aging and the Health Legislation
Sub-Committee of the Lexington Forum on Aging
Upon motion duly made and seconded, it was voted to appoint the follow-
ing people to the Community Health Committee
William R. Page 25 Oakland Street
Jacob B Gardner 17 Normandy Road
Jacquelyn H. Ward 15 Robinson Road
Lore Jean Kern 43 Circle Road - 2111
The Board discussed the formation of the Burglar Alarm Committee
Upon motion duly made and seconded, it was voted to approve the follow-
ing charge to the Burglar Alarm Committee
1 The Committee is charged with reviewing and recommending appro-
priate solutions, including by-law adoption if desirable, to
communication problems at the Police and Fire Departments
2 These studies should further involve investigation of alternate
communications systems and the apporpriate processes for in-
stalling alternate systems to resolve the problem of communica-
tion overload during certain periods at the Police and Fire
Departments
3 A preliminary report shall be filed by September 1 and a com-
pleted report with recommendations by October 1 The dissolu-
tion of this Committee is scheduled for October 1, 1979
Upon motion duly made and seconded, it was voted to appoint the follow-
ing members to the Burglar Alarm Committee
Fred C Bailey 48 Coolidge Avenue
Daniel L. McCabe 225 Waltham Street
Howard Cravis 6 Rogers Road
Chief James F Corr Police Department
Chief John D Bergeron Fire Department
- 7 -
Selectmen's Meeting June 25', 1979
The Chairman requested the Board's approval of the charge to the Charge
School Sites Conversion Committee School
Upon motion duly made and seconded, it was voted to approve the Sites
charge to the School Sites Conversion Committee as follows Conversion
Committee
1 Determine the best short term handling of Parker and Munroe
Schools
2 Determine the best possible development of Parker School with
the use being 25-30 condominiums, 25% given to the Town of Lex-
ington for family housing as described by HUD
3 Determine the most advisable disposition of Munroe School build-
ing and site, the Committee to cinsider fully the possibility
of use for a senior citizen center
The Chairman informed the Board that the Planning Board was to dis- Request
ctiss the request of Mrs Erin O'Brien to obtain the land that abuts #34 to Obtain
Homestead Street at its meeting this evening and come up with a report Land
to the Selectmen before their meeting adjourned Erin
The Manager stated that he had talked to Mrs O'Brien and informed O'Brien
her that any land that would be conveyed would not be allowed to be built
upon She said that she was unaware of this restriction
Mr Busa informed the Board that, if at sometime in the future, they
petition Town Meeting these restrictions could be lifted
U Mr Kent stated that there seemed to be no clear cut definition of
what was intended by the restriction -- adding on to a present structure
or a whole new structure He felt, and the Board agreed, that in the
future restrictions will have to be very carefully drawn to describe just
what is intended
As no information had come from the Planning Board, the Chairman
adjourned the meeting
Upon motion duly made and seconded, it was voted 4-0 by roll call
vote, Mrs Miley, Mr Busa, Mr Kent and Mr Crain - to go into Executive
Session, with no intention of resuming the open meeting, for the purpose
of discussing strategy with respect to collective bargaining and a matter
of possible litigation
After discussion, it was voted to go out of Executive Session
Upon motion duly made and seconded, it was voted to adjourn at 9 30 p m.
A true record, Attest
rincip‘a/Z4:‹AC7/77
Clerk, Selectme
@OA