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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