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HomeMy WebLinkAbout1979-05-21-BOS-min -5"z7 6.11Art; ,�%� SELECTMEN'S MEETING MAY 21, 1979 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, May 21, 1979, at 7 30 p m Chairman Miley, Mr Busa, Mrs Battin, Mr Kent; Mr Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Mrs Banks, Assistant to the Town Manager; Mrs McCurdy, Executive Clerk, were present Mr Crain was absent Chairman Miley read a letter of resignation from Ms Frayda T Cooper Resigna Upon motion duly made and seconded, it was voted to accept, with re- gret, the resignation of Ms Frayda T Cooper, 50 Asbury Street, as a member of the Transportation Advisory Committee A letter of appreciation is to be sent to Ms Cooper, who has moved to Australia, thanking her for her many contributions in behalf of the town while serving as a member of the committee Chairman Miley read a letter from Mr Roger Trudeau expressing his Traffic- concern about potential traffic problems at Hartwell Avenue and Westview Hartwell Street due to the development of a rezoned parcel of land in the area Ave Area He requested the Selectmen, through the Traffic Safety Committee, to study the present traffic situation and begin to take appropriate action to re- solve not only the present congestion but also the increased congestion which will occur during and after construction of the bank building Upon motion duly made and seconded, it was voted to request the Traffic Safety Committee for preliminary consideration of potential traffic problems which may arise in the Hartwell Avenue/Westview Street area Upon motion duly made and seconded, it was voted to approve the Minutes minutes of Selectmen's Meetings held on January 16, 17; May 7 (Execu- tive), May 9, 1979 The Board approved the following requests for the use of the Permits - Visitors' Center grounds Visitors' Upon motion duly made and seconded, it was voted to grant per- Center mission to the Pilgrim Congregational Church to conduct a bake sale Grounds on June 8 from 10 00 a m to 2 00 p m Upon motion duly made and seconded, it was voted to grant per- mission to the Painters' Guild of the Arts and Crafts Society to conduct an art exhibit on September 29 from 10 00 a m to 4 00 p m with a rain date of October 6, 1979 Chairman Miley informed the Board that calls are being received Patriots' as to whether the town will celebrate Patriots' Day in 1980 on Day, 1980 Saturday, April 19, or the state holiday on Monday, April 21 It was agreed to discuss the matter with the Town Celebrations Committee and also be receptive to sentiment expressed by residents before consideration is given to a celebration on Saturday Selectmen's Meeting - 2 - May 21, 1979 Committees Chairman Miley asked the Board to give consideration to the establish- ment of a charge to committees to be formed as a result of Town Meeting actiong Board membersMMagreed to workoon the following committees Insurance Lo ittee K rtAlfi /Mana/ger sgu3rficeffice Human Services Mrs Battin/Mr Crain Ad hoc Health Committee Mr Kent/Mr Page/Board of Health; Mr Kent informed the Board that plans are already underway and he has met with Mr Page; arrangements will be made to set up a meeting with the Board of Health within the next ten days Chairman Miley said that the Selectmen's annual appointments will be made at the meeting on June 4 and nominees could be recommended on that eveningfor ointment to the Mrs Battin added that pp new committees. appointments must also be made to an Energy Committee Mental Mr Busa commented that the full Board of Selectmen had not been Health notified of plans for the Commissioner of Mental Health to visit Lex- Commr ington He asked for more information on the date, etc Mrs Banks said that Lexington was one of the communities suggested by the League of Cities and Towns for the Commissioner to visit and meet with local government to see how we addressed human services and to what extent we are involved in the services She was contacted by the League and, after meeting with a group of towns in the Mystic Valley area, it was thought to be a good idea to have an elected official and one staff member meet with the Commissioner At that time, Mrs Battin was Chairman and now we would be working with Chairman Miley Mrs Battin added that Mrs Banks was notified as Lexington's repre- sentative to coordinate human services; it is not to be an official visit to meet all town officials but to look at a facility in each of the five towns It was felt there would not be the dialogue if there were too many people there Because of the pressures of Town Meeting, Mrs Battin had not sent a memo to Board members Mrs Banks said that the date of the Commissioner's visit to Lexington was just changed to June 22 Mr Kent said that the visit is not until June and there is ample time for Mrs Banks and the Manager to work out the details Chairman Miley agreed and said there are communication difficulties at every town meeting time Pool Chairman Miley announced that a petition with approximately 1600 Referen- signatures for a referendum on the pool has been received When we have dum a full Board, we will have to set a date for the election and to sign the warrant Mr Cohen advised that within ten days of the filing of the petition, the Selectmen shall call a special meeting which shall be held within fourteen days after the issuance of the call Upon motion duly made and seconded, it was voted to authorize the preparation of notices calling for the referendum on the pool on Tuesday, June 12, with a view to formally issuing that notice at a meeting to be held on Tuesday, May 29, 1979, at 8 00 a.m Costs were discussed and Mr Hutchinson estimated $7,000, including the Town Clerk and the Selectmen's expenses 11. L *f.2. ? Selectmen's Meeting - 3 - May 21, 1979 Fire Chief Bergeron met with the Board Mr Hutchinson requested a Transfer- transfer of $1,800 in addition to the $3,900 transfer to the Fire Depart- Fire Dept ment authorized by the Board on May 14 These transfers are for problems 4150 with fire equipment Chief Bergeron said that Engine 2 has front end, brake and steering problems; Engine 3 needs a new brake job; Engine 4 a water tank. Mr Busa recommended approval because of the safety factor involved Mr Kent said that we ought to be on top of this during the budget process and not have them appear at the end at the time of the standard motor vehicle inspection period Mr Hutchinson said there is a safety and operational dimension here and while we think we would be in better shape next year because of better equipment, these things can happen, especially with fire trucks Upon motion duly made and seconded, it was voted to request the approval of the Appropriation Committee for a transfer from the Reserve Fund to Account 4150-Fire Department Expenses in the amount of $1,800 Mr Hutchinson requested a transfer of $8,000 to the DPW Road Transfer- Machinery account due to the increased cost of fuel for vehicles and DPW 5450 the installation of back-up alarms and dump alarms in all motor trucks, which were mandated by the Registry of Motor Vehicles for this in- spection period Upon motion duly made and seconded, it was voted to request the approval of the Appropriation Committee for a transfer from the Reserve Fund to Account 5450-Road Machinery in the amount of $8,000 Mr Clifford Prentiss, Lexington Conservation/Recreation Director, Conserve met with the Board to discuss the application by Sun Valley Farm, located Sun Valley on Lowell Street, under the new agricultural preservation restriction Farm program, which is funded by the Mass Department of Food and Agriculture The intent of the program is to maintain land in its natural state for a period of "x" number of years, and the fee would be paid to the owners for giving up development rights They have $5 million and applications for over $19 million have been received The Conservation Commission supports this program and this particular application as being part of their land use plan for the community and in the best interests of the town and regional agriculture The Planning Board also supports the program and the application Mr Dennis Busa was present and said it is not an outright sale to the state He asked Mr Prentiss to explain the ownership rights to the Board Mr Prentiss said the owner is still Sun Valley Farm and we simply have a restriction upon the land The Conservation Commission would be willing, with the Selectmen's support, to use Town'Counsel's services in closing on this easement We would be co holders of this As it stands now, the state pays the restriction costs for the easement and they oversee the restriction Some towns are now putting money in for Town Counsel services, which is not a great deal of money, so we can be co-holders of it and can also monitor it The owner can still operate the farm, he can exclude the public and can erect fences or do anything that is suitable under agricultural use He can sell the land to another individual or corporation, but the easement goes with the land The owner still pays taxes to the town so there is no loss of tax revenue Selectmen's Meeting - 4 - May 21, 1979 Mr Kent asked about the advantage of Lexington being co holder of the easement, and Mr Prentiss said that some people have said they are unhappy with the state exerting so much power at the local level, by holding an easement over local farmlands, and the Commission felt it is best to have the town also be a party to this Mr Kent said if the state holds it and the town holds it, then as a practical matter, the state has the control and one cannot make a change without the approval of the co-holders If there is some concrete advantage to have it, he was not averse to a modest expenditure out of our legal fees' budget but would like to have some indication of the value of that to the town. Mr Hutchinson said the form calls for negotiating what our level of participation will be; whether we provide counsel or not - looking at cost exposure - that is a subject of negotiation Mr Prentiss said it is an open-ended form if we choose not to be a part Mr Kent said that we would still have the option available not to be part of the process even if we indicate our support of the project In response to Mrs Battin's question of whether there is a definite benefit to the town, Mr Cohen said he would be glad to look into it Mr Hutch- inson added that the endorsement can actually stipulate that the Board is exploring our involvement further Mr Kent moved to support the application; seconded by Mrs Battin; Mr Busa said he wholeheartedly supports the concept but he would not sign because of conflict of interest Upon motion duly made and seconded, it was voted 3-0 to acknowledge and endorse the application by Sun Valley Farm under the new agricultural preservation restriction program, subject to Town Counsel 's review Mr Busa abstained Moon Mr Hutchinson reported on the letter from Mrs Morehouse, 37 Moon Hill Hill Road, regarding a sewer connection. He said that Engineering ad- Sewer vises that it would be possible to extend the sewer in that area but hearings should be held The Board agreed that administrative hearings should be scheduled Abate- Mr Hutchinson recommended approval of the abatement of a sewer ment charge to the Burroughs Corp as they have installed their own line Burroughs to correct a long-standing problem. Sewer Upon motion duly made and seconded, it was voted to sign the abatement of a sewer charge of $9,384 10 for the Burroughs Corp , 92 Hayden Avenue, as the work is to be done at no cost to the town •Fld & Mr Hutchinson informed the Board that the Field and Garden Club 's Garden request regarding the building occupied by the Red Cross is still under Club - review as the Red Cross has not vacated the property A letter to that Red Cross effect will be sent to the Garden Club Bldg .5.91 Selectmen's Meeting - 5 - May 21, 1979 Mr Hutchinson informed the Board that a request has been received Oxbow Rd - from DPW/Engineering to go forward under Article 22 of 1976 to recon- Constitu- struct a trunk sewer from Oxbow Road to Constitution Road, a distance tion Rd of 350 feet There has been settlemen of the existing sewer line, Sewer which has been verified, and back-up problems experienced in the Oxbow Road area Upon motion duly made and seconded, it was voted to approve the reconstruction of a trunk sewer from Oxbow Road to Constitution Road, a distance of 350 feet Work to be done by Great Northern Construction under the appropriation of Article 22 of the 1976 Annual Town Meeting Mr Hutchinson said that he is interviewing people for re-appoint- ment to existing town agencies and will request the Board's approval soon Mr Cohen informed the Board that the Elks Club meets the statue Beano - for application for a Beano license; the statute states, "any fraternal Elks Club organization having chapters or branches in at least one other New England state. desiring..to i:operate:ar conduct the game commonly called beano may upon application to the state lottery commission be granted a license to conduct said game in a city or town, approved by the board of selectmen " The Board agreed to sign the Elks Club application to the State Lottery Commission, under the vote of the Board on May 14, 1979 Mrs Miley said that the application also says to sell lottery tickets Mr. Cohen advised that the statute says the Director of the Mass Lottery Commission may license any organization licensed to conduct the game of Beano to sell lottery tickets, providing such lottery tickets are sold in conjunction with the license called Beano and the funds shall be used exclusively for educational, charitable or religious purposes The Board had no problem with that Mrs Battin said that people have been asking for clarification on Pool the pool opening this summer Mr Hutchinson said there are no monies budgeted; the pool has been ruled to be closed by the Board of Health The Director of Public Health has said that it will not only remain closed this year but other years Mr Busa urged the Manager to see what expenditures it would take to open the pool in the same manner as last summer and if not too great perhaps it could be opened up with some modifications that would meet state standards Mr Hutchinson said that we can't open it unless we rehabilitate or correct or recon- struct the pool, and rehabilitate could mean a number of things There is money-.far sameestaffing but it wouldhdepend on the scope of the staff- ing involved They are trying to work out something with Hayden and we would be providing a certain level of staff Upon motion duly made and seconded, it was voted 4-0 by roll call Executive vote - Mrs Miley, Mr Busa, Mrs Battin, Mr Kent - to go into Executive Session Session for the purpose of discussing 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 9 30 p m A true record, Attest fk ,. Executive Clerk, Selectmen