HomeMy WebLinkAbout1978-08-14-BOS-min 318
SELECTMEN'S MEETING
AUGUST 14, 1978
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, August 14, 1978, at 7 30 P.M.
Chairman Battin, Mr Busa, Mrs Miley, Mr Kent and Mr Crain; Mrs Banks,
Assistant to the Town Manager; Mrs McCurdy, Executive Clerk, were present
1979 Mr Perry, Comptroller, informed the Board that the Board of Assessors
Tax has not finalized the numbers yet but the projection is for an estimated tax
Rate rate of $90 00 Mr Wenham, Assistant Assessor, discussed State Aid of
$4,071,786 and State charges of $3,018,835, including the County Assessment
of $819,688, MBTA charges of $537,000, County Hospital charges of $56,908,etc.
The Board of Assessors will notify the Selectmen of the finalized tax rate and
Mr Hutchinson agreed to make arrangements to include in the envelope with the
real estate tax bills an explanation to the taxpayers of the breakdown of the
1979 tax rate
Library Mr. Hilton and Mr Otis Brown met with the Board to request approval of
Roof a transfer of $8,000 to replace a portion of the Cary Library roof, which is
about 25 years old and leaks have developed Bids ranging from $7,150 to
$7,900 have been received and the contractors are being investigated
After discussion, it was agreed to approve the request, subject to
approval of the Appropriation Committee
Upon motion duly made and seconded, it was voted to request approval
of the Appropriation Committee for a transfer from the Reserve Fund to
Account #7550-Library Expenses in the amount of $8,000
Transp Mrs Joyce Hals, Chairman, and members of the Transportation Advisory
Com Committee met with the Board to present a proposal for intra-town bus service.
Intra- The Board discussed the proposal on July 17 and had designated Mr. Crain to
town represent the Board at the Transportation Committee meetings Mrs Hals said
Bus Sery that they had checked with other communities and then formed their own ideas
on what is best for Lexington. We anticipate running four buses over eight
routes, eight hours a day, six days a week, from 7 30 a.m to 6 00 p.m We
discussed fares and would want to run as small a deficit as possible; children
6 - 10, 154; 11 - 54, 25 ; 55 and over, 15 ; children 1 to 5 years, free of
charge We don't think the Town should try to run the service itself but
contract it out We have talked to contractors and there is the possibility of
using school buses and also using station wagons; if there is not enough capacity
we would use extra wagons We would want to hire immediately a parttime trans-
portation coordinator for a 20-hr week; we have included $5,000 for promotion
to leaflet the Town and have promotion in the schools The cost is estimated
at $132,000 to $176,000 and the income would be primarily from fares; we are
hoping to get $1,000 in advertising from local merchants Total income-$33,000;
net operating costs-$99,676; Lexinton's costs per year-$49,838; 150,000 riders
the first year The Committee has received support from the Council on Aging,
Recreation Committee, Youth Commission, Chamber of Commerce, Planning Board,
Conservation Commission, PTA Council, League of Women Voters, Re-place and
Rep. Lincoln Cole of the MBTA Advisory Committee Many towns will be competing
for the two grants and the Committee has given us a draft of a letter to the
MBTA indicating our strong support for the proposed mini-bus system. The
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Selectmen's Meeting - 2 - August 14, 1978
MBTA will guarantee $50,000 the first year and, if it proves to be successful
program, they would continue to fund it the second year; then the Selectmen
and the META would sit down and decide whether it would be an ongoing program.
The META understands that implementation would still require Town Meeting
approval and, therefore, is not asking for a total commitment at this time.
The Board agreed to support the proposal Mr Crain added that by the
time the Selectmen put together the priorities for Town Meeting, they might
not be able to give priority to this item. Mr Buse said that he would support
it at this time but would reserve his vote at Town Meeting.
Upon motion duly made and seconded, it was voted to support the proposal
for the intra-town mini-bus system in the Town of Lexington
Upon motion duly made and seconded, it was voted to set the polling hours State
for the State Primary on Tuesday, September 19, 1978, from 7 00 a.m to 8 00 Primary
p.m. and to sign the Warrant for the State Primary
Chairman Battin read a letter from the Massport Director of Planning Massport/
regarding the implementation of Step 1 of the Master Plan for Hanscom Field Hanscom
Mrs Battin said that the Planning Board and Conservation Commission are in
agreement with the proposal, which was submitted to the Board on June 5,1978
Mr Bailey, Lexington's representative on the Hanscom Field Advisory Committee,
recommends that the Board sign the letter of agreement with Massport and the
towns of Lincoln, Lexington, Bedford and Concord that Massport will (1) develop
a noise monitoring program for Hanscom Field; (2) provide guidelines and direc-
tion for the planning and development of contiguous noise-impacted property in
the four towns and will seek their assistance and guidance
Upon motion duly made and seconded, it was voted to authorize Chairman
Battin to sign the letter of agreement with Massport regarding the imple-
mentation of Step 1 of the Master Plan for Hanscom Field
Chairman Battin recommended that the Board approve the requests for Theatre
licenses
Upon motion duly made and seconded, it was voted to sign the Theatre Common
licenses for Cinema I and Cinema II for week days and Sundays Also, to Victual]n
sign the Common Victualler license for the Lexington House of Pizza, 399
Lowell Street (new owner)
Upon motion duly made and seconded, it was voted to grant permission Block
for a block party on Oak Park Circle on Sunday, September 17 from 3 00 p m Party
to 11 00 p m., with a raindate of September 24, 1978
Upon motion duly made and seconded, it was voted to approve the minutes Minutes
of the Selectmen's meeting held on July 17, 1978.
Mr Kent said that the next step to be taken, following the passage of Forum on
resolutions by the Forum on Aging, calls for action by the Selectmen, Aging
notably in the area of the establishment of committees He, Mr Page Resolu-
and Mrs Battin had met and had determined that there should be an inter- tions
mediate step taken and would therefore propose that the Selectmen authorize
the creation of a temporary ad hoc committee, under the aegis of the Town
Manager's office, to review these resolutions, particularly No 8-"That the
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Selectmen's Meeting - 3 - August 14, 1978
Board of Selectmen appoint a Lexington Community Health Committee whose func-
tions will include the following A. Innovating community health education
programs in cooperation with the Lexington Public Schools, and with the other
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organizations concerned with local and area health education and services for
people of all ages, and B Gathering and publicizing information on develop-
ments in nutrition, medicine, medical research and physical fitness That
this Lexington Community Health Committee have an organizational relationship
to an appropriate existing town agency " The ad hoc committee should include
a representative of the Council on Aging, the local chapter of AARP, Human
Services Council, Board of Health, Board of Selectmen, and the Forum on Aging
This is a proposal to deal with the requests which have come from the Council
on Aging - that we first run them by a committee of this character, with the
request that tt come back to this Board with a recommendation as to what struc-
tural creations we should make In response to Mr Busa's question as to a time
limit, Mr Kent replied that the time span has to work in relation to the warrant
for the Town Meeting and there should be a date in the vicinity of the first of
November; to ask for a report from this committee so that the formation of any
appropriate warrant article could follow upon that. Mrs Miley questioned if
other groups in town who deal with the elderly might be concerned that one
particular group, AARP, was included, and if the Council on Aging adequately
represents all of them. Mr Page replied that the question could be raised at
the next meeting of the Forum on Aging The Board agreed to Mr Busa's recom-
mendation that the School Committee representation be included Mr Page, Mrs
Banks and Mr Kent are to determine the representation from each committee and
the Manager's office is to convene the first meeting
Upon motion duly made and seconded, it was voted to establish an ad hoc
committee comprised of a representative of the Lexington Forum on Aging, Board
of Selectmen, Council on Aging, American Association of Retired Persons, Human
Services Council, Board of Health and the School Committee
MVMH Chairman Battin advised the Board that she and Mrs Miley had been in-
Proposal formed only today by the Office for Children and that there is a proposal being
Emerg written by the Mystic Valley Mental Health Center and an agency in the Metro-
Shelter politan Beaverbrook area (Belmont, Watertown and Waltham)for an emergency
shelter for young people, and this has long been a priority within Lexington
agencies dealing with youth LEAA money, $100,000 is available; the proposal
must be submitted by this Friday A letter of approval is necessary from one
of the towns involved (5 MVMH towns, 3 Beaverbrook towns) The town so approv-
ing must indicate a willingness to accept, disburse and monitor the LEAA funds.
After discussion, the Board agreed that no action could be taken at this
time because of the lack of available information Mrs Banks is to work with
MVMH and the Human Services Committee on a proposal to be submitted to the
Board of Selectmen
Sewer Mrs Banks informed the Board that Mr Hutchinson had reviewed the Sewer
Exten Extension Policy with Mr Fred Bailey and, based on discussion, it is recom-
Requests mended that Mr Gompers and Mr Collangelo submit the necessary documents
to Engineering for consideration and, if all conditions were met, proposals
could be submitted for the Board's approval
The Board agreed that the documents are to be submitted to Engineering
and then to the Board for approval
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Selectmen's Meeting - 4 - August 14, 1978
Upon motion duly made and seconded, it was voted 5-0 by roll call vote Executive
to go into Executive Session, with the intention of resuming the open meet- Session
ing,for the purpose of discussing strategy with respect to litigation
After discussion, it was voted to go out of Executive Session and
resume the open meeting at 10 20 P.M
Chairman Battin said that the Board had received a communication today McSweeney
from Mr McSweeney's counsel and, as a result, the time of the hearing is
uncertain now and we will know more tomorrow
Mrs Banks informed the Board that the International Association of Permit
Firefighters has requested the use of Depot Square on September 1 to con-
duct a blood pressure station; this is being done in conjunction with the
Mass. Telethon for Muscular Dystrophy The Police Department has no ob-
jection.
Upon motion duly made and seconded, it was voted to grant permission
to the International Association of Firefighters to use Depot Square on
September 1, 1978 to conduct a blood pressure station
Mrs Banks submitted a request from the Institute for Government Ser- Cary Hall
vices to conduct two time management workshops in Cary Hall on October 10
and October 17 She recommended that the custodian's fee be absorbed by
the Town Because of the Selectmen's policy on governmental units paying
for the custodian's services, it was agreed to grant permission for the
use of Cary Hall on October 10 and October 17, subject to payment of the
custodian's fee.
Mrs Banks informed the Board that the ad hoc Human Services Committee Human
met last week to discuss ways of assuring community interaction with the Services
Boston College Interns conducting the human services needs assessment this
fall It was decided to create a task force, representing a more broad-
based citizen group than they represent, to work with the Boston College
group The committee should be formed by late September
Mrs Banks reported that the Police Department has received $2,863 Police
from the Highway Safety Bureau for pedestrian safety. Expenses for the Dept
grant will come out of the Police Department expense budget and a transfer Grant
may be required later in the year to cover these costs
Mrs Banks requested the Board's approval of a memorandum of agree- Recrea-
ment concerning Fair Housing plans and practices As part of the Civil tion Pool-
Rights' review of the Conservation/Recreation application for a grant to Commission
cover part of the costs of the proposed pool, the Town must provide the Against
Commission Against Discrimination with certain assurances that we have an Discrim
affirmative action plan on employment and housing if approved, the grant
would cover up to 80 percent of the cost of the pool We do have an
affirmative action employment plan but we need to show that we have a fair
housing plan or that we are moving in the direction of developing one In
Illfact, one is being done by the Planning Board for the Housing Authority and
Ken Briggs, Planning Director, has read the memorandum of agreement and finds
no problem with it We suggest that we furnish the Commission Against Dis-
crimination with a date of December 1, 1978 that a draft of a fair housing
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Selectmen's Meeting - 5 - August 14, 1978
plan would be available and, subject to any necessary Town Meeting action,
a document would be available by May,1979 The Commission must act on
this by August 31, 1978
Mr Busa Said that he would not accept a fair housing plan as it is now
before him until he saw a further draft of what we are committing ourselves
to He is working on the Planning Board Housing Committee and they are not
in a position to put forth a report by December 1 Further, there is no
housing belonging to the Town of Lexington; the only housing we have is
under the auspices of the Housing Authority and we would be going on record
that we are to have a fair housing policy at some time in the future
Mrs Banks said that the Town is simply saying that we would work to
enhance fair housing opportunities and she did not feel that rice are com-
mitting ourselves in any way to building housing or providing housing We
are simply saying that various zoning laws of the Town do not stand in the
way of housing opportunities
Mr Kent said that Mrs Banks is asking us to authorize the Planning
Director, in the preparation of these materials, to indicate our intention
to prepare a fair housing plan in draft form by December 1, 1978 for
potential adoption at the Town Meeting in March, 1979, if necessary
Upon motion duly made and seconded, it was voted 4-1 to authorize the
Planning Director to prepare a fair housing plan in draft form by December 1,
1978 for potential adoption at the Town Meeting in March, 1979, if necessary
Mr Busa voted in the negative
Street Upon motion duly made and seconded, it was voted to accept the recom-
Light- mendation of the Town Manager and the Department of Public Works for the
Wingate installation of a mercury vapor street light to replace the existing
Road incandescent light at the end of Wingate Road, as requested byMr
g 9 �
Daniel Coughlin, 11 Wingate Road
Garfield Mrs Banks informed the Board that the Engineering Department has re-
Street ceived a second petition from Garfield Street residents opposing its
construction. A letter was sent to the petitioners by the Assistant Town
Engineer assuring them that if a proposal is made for Garfield Street
within the next fiscal year, a public hearing will be held and they
will have the opportunity to voice their position
Whitman & Mrs. Banks recommended approval of the contract with Whitman and
Howard- Howard for Phases II and III of the Comprehensive Drainage Study in the
Comp total amount of $69,900 Phase I was submitted and accepted by the Town
Drainage and there are six phases Engineering has worked with Conservation and
Study the Planning Board and they feel the contract meets many of their con-
cerns It provides for a monthly report over a 12-month period and
monthly meetings with staff and members of the various boards It is
felt that this will allow more specific recommendations than the
first phase
Upon motion duly made and seconded, it was voted to authorize the
Town Manager to execute the contract with Whitman and Howard for Phases
II and III of the Comprehensive Drainage Study in the total cost of the
study in the amount of $69,900
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Selectmen's Meeting - 6 - August 14, 1978
Mrs Banks requested that the Board endorse the recommendation of Mr Edgewood
Martin Assistant Town Engineer, that Mr Ronald Brown of 27 Edgewood Road Rd Sewer
connect to the Edgewood Road sewer, which is scheduled for 1979, rather Connection
than the requested connection to the Wadman Circle sewer which is in the
final design stage
Upon motion duly made and seconded, it was voted to endorse the
Assistant Town Engineer's recommendation regarding the request from
Mr. Ronald Brown for a connection to the Wadman Circle sewer system
Mrs Banks informed the Board that the Town Manager requests authority Chap 90
to officially withdraw Adams Street and East Street from consideration as Adams St -
Chapter 90 projects Mrs Banks answered Mr Busa's question and said East St
that the Town Manager has no alternate plan for Chapter 90 money She
agreed to follow up on Mr Kent's suggestion to prepare a more detailed Hancock
statement for public distribution regarding the status of the problems on Street
Hancock Street and to let the townspeople know about the drainage contract
problems
Mr Busa said that at some point in time we must proceed with the
finishing of East Street as it is dangerous and someone could be seriously
injured
Mr. Kent said that we have committed ourselves to pretty much of a
policy of not going forward with Chapter 90 projects until we have gotten
at least preliminary blessing from the Town Meeting and he would go back
to that body another year with respect to both Adams and East Streets
We were right about those streets and we ought to go forward, and at the
moment he would like to hang onto East Street, but he wondered if it
could be done this year
Mr Busa was not in favor of withdrawing streets and then resubmitting
them as there might be problems involved with the State
The Board agreed with Mr Kent's recommendation that the Town Manager
communicate to the State DPW the temporary difficulties that the Town is
having with both streets
The Board agreed to Mr Hutchinson's recommendation to terminate the Hancock
contract with William P Capone Corp for the construction of Hancock Street Street
and to readvertise for bids in the late fall However, Mrs Banks is to Contract
submit information to the Board as to why the Town must pay $3,000 for
termination of contract
Mrs Banks reported that the recent sump pump survey conducted by Sump Pump
the Engineering Department revealed one illegal connection, one possible Connections
illegal connection, one air conditioner cooling water system illegally
connected to sewer, one major potential source of infiltration in an
unplugged, abandoned sewer, which will be plugged when the Hayes Lane
connection is made within the next two weeks Investigation will
continue to be made.
The Board agreed to start talking about the sewers in late September
in order to keep the public advised
The Board agreed with the recommendation from the Animal Control Dogs-
Officer that the Board of Selectmen authorize the posting of "No Dogs Play-
on Playgrounds" signs on all public playgrounds However, the matter grounds
was referred to Town Counsel for his opinion before final action is
taken by the Board
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Selectmen's Meeting - 7 - August 14, 1978
Dogs- The Board discussed a report from the Animal Control Officer stating
Check that in an effort to alleviate the number of leash law violations, it is
Viola- recommended the fee for the first offense dog pick-up fee to $25 00 and
tions 50 00 for the second and subsequent offenses Also, because bad checks
have been received and people stopping payment on checks, the department
proposed to no longer accept checks However, if the Board of Selectmen
or the Treasurer's office does not agree, it is felt that the responsi-
bility should be with the Treasurer's office to collect the money for
the bad checks
The matter was taken under advisement until August 28, pending advice
of Town Counsel and the Comptroller on the proper method of handling payment
by bad checks to the Town
Executive Upon motion duly made and seconded, it was voted 5-0 by roll call vote
to go into Executive Session for the purpose of discussing a matter of
personal reputation
After discussion, it was voted to go out of Executive Session
Upon motion duly made and seconded, it was voted to adjourn at 11 35 P M
A true record, Attest
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Executive Clerk,Selectmen
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