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HomeMy WebLinkAbout1977-11-21-BOS-min 71 SELECTMEN'S MEETING November 21, 1977 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, November 21, 1977 at 7 30 p.m Chairman Battin, Mr Bailey, Mr Busa, Mrs Miley and Mr Kent; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel (9 40 p.m ); Mr McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present At the request of the Town Clerk, the following jurors were drawn Jurors Margaret Mary Johnston 94 East Street Jonathan Granata 154 Grant Street Anne Glassman 19 Hancock Street James Kelly 55 Ledgelawn Avenue Grace Souza 12 Eastern Avenue Allan R Chase 28 Spring Street John E Taranto 252 Marrett Road Richard J Schmidt 6 Raymond Street Frances Godoy 5 Wilson Road Charles A Dexter 25 Young Street John R Farmer 63 Hancock Street Chairman Battin read a request from the Town Clerk for blanket Voter approval of eliminating voter registration sessions Registration Upon motion duly made and seconded, it was voted to grant the Town Election request of the Town Clerk to eliminate precinct voter registration sessions for future Annual Town Elections, with the understanding that registration sessions will be held in the Town Clerk's Office Chairman Battin read a request from Town Counsel to sign the ac- Drummer Boy ceptance of a Conservation easement Conservation Upon motion duly made and seconded, it was voted to accept and Easement sign the Conservation easement granted to the Town of Lexington by the Trustees of the Drummer Boy Trust over a strip of land situated along the northerly and northeasterly and easterly boundaries of Lots 1A, 3-C, 3-D, 3-E, 3-F and 3-G, shown on a plan entitled "Drummer Boy Green (Phase II) Lexington, Mass Plan Showing Locations of Con- servation and Pedestrian Easements" by Boston Survey Consultants, Inc dated May 19, 1977 and recorded Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's meeting held on October 3, 1977 The Board discussed a letter from Governor Dukakis regarding the Court Reform Cox plan on court reform which, if passed by the Legislature, would Legislation remove the Counties from the business of running the courts This would mean a substantial savings of $528,000 in the County tax for s) u Selectmen' s Meeting November 21, 1977 Lexington The State would take over the total cost in FY 82 Gover- nor Dukakis recommended that the Board of Selectmen contact their legis- lators and urge them to enact this legislation before the close of 1977 Mr Buse said that he had no objection to supporting court reform but pointed out that there are three different bills - Cox, Sisitsky, and one other and he questioned which one the Board would support Mr Kent said that the Sisitsky version is closer to the Cox plan but he believed that State assumption of court costs is part of all three bills Mr Kent was requested to draft a letter to our Senators and Repre- sentatives urging their support for State takeover of the entire cost of operating the judicial system The Board agreed to discuss the bills at the joint meeting with Lexington's Senators and Representatives on next Monday, November 28 S1378 Mr Zehner, Town Treasurer, met with the Board and recommended support of Senate Bill 1378 which would authorize the Treasurers of Cities and Town to pay one-half the sum of annual State assessments in November and May Upon motion duly made and seconded, it was voted to support S1378 which would enable Cities and Towns to pay one-half the annual State assessments in November and one-half in May The Board agreed to discuss this bill at the joint meeting on November 28 1978 Chairman Battin read a list of renewal applications for 1978 Com- Common mon Victualler licenses with no changes in the hours of operation Victualler Upon motion duly made and seconded, it was voted to approve the. Licenses following 1978 Common Victualler licenses, subject to period inspec- tion by the Board of Health Bernie & Claude Donuts, Inc d/b/as Dunkin Donuts 373 Waltham St - 6 00 a.m - 11 30 p.m 7 days (same as last year) Old Lexington Restaurant, Inc d/b/as Mario's 1733 Mass Ave - 11 00 a.m - 11 00 p.m 7 days (same as last year) Walnut Farm Trust d/b/as Powder Horn Golf Club 4O Walnut St - 7 00 a.m - 10 00 p.m 7 days (same as last year) Pine Meadows Golf Club, Inc Cedar St - 7 30 a.m until dark 7 days (same as last year) Lexington House of Pizza 399 Lowell St - 10 00 a.m - 11 00 p.m 7 days (same as last year) 73 Selectmen's Meeting November 21, 1977 Kentucky Fried Chicken 211 Mass Ave - 11 00 a.m - 9 00 p.m 7 days (same as last year) Friendly Ice Cream Corp 60 Bedford St - 7 00 a.m to 11 00 p.m (Sunday through Thursday) 7 00 a.m to 12 00 Midnight (Friday and Saturday) (same as last year) Brighams 38 Bedford St - 7 00 a.m - 12 00 midnight 7 days (same as last year) Chairman Battin read an application for a 1977 Common Victualler 1977 Common license for the new owners of Christo's, 1 Meriam Street, Alan and Victualler Patricia Stein, with a request for the same hours of operation of Christo's 6 00 a.m to 10 00 p.m The Board of Health has made a final in- spection and recommends approval of the new license Upon motion duly made and seconded, it was voted to sign the 1977 Common Victualler license for Christo's 1 Meriam Street, ex- piring December 31, 1977; hours of operation 6 00 a.m to 10 00 p.m Chairman Battin informed the Board that, on Friday, November 18, Use of Town she and Mr Hutchinson had met with Mr George Morey and Mr William Trusts McEwen, Trustees of Public Trusts, Mr Leo Grace, bank representative of the Trustees, to discuss the use of accumulated interest in some of the trust funds. Mrs McCurdy, Executive Clerk, was also present Mr Morey advised that these funds are not to be used for the Town's operating expenses It will be necessary for the Selectmen to make a written request for the use of the interest on the trust funds, and Mr Morey suggested a joint meeting be held to discuss the requests Mr Hutchinson agreed to come back to the Board with recommenda- tions Mr Hutchinson recommended that the Board approve an abatement Abatement- for the sewer betterment assessment to the Metropolitan District Sewer Better- Commission on Lot 4/11 Walnut Street in the amount of $346 56 A re- ment M D C port from Mr McSweeney recommended abatement as this portion of land Walnut St is a right-of-way off Walnut Street leading to the M D C water stand- pipe The present use forms a permanent and integral part of the M.D C 's water distribution system and, as such, the availability of sewer to the land serves no present or foreseeable purpose Upon motion duly made and seconded, it was voted to abate the M D C sewer betterment assessment on Lot 4/11 located off Walnut Street in the amount of $346 55 Mr Hutchtnson recommended that the Board approve a deferment of Deferment- sewer betterments assessed to M Joseph, Lawrence M and P Edward Sewer Better Carroll on Lots 48A, 9 and 8 located on Waltham Street A report Carroll from Mr McSweeney recommended deferment until such time as the land Waltham St Selectmen's Meeting November 21, 1977 is sold or built upon as it is undevelopedagricultural land arid, assess- ments of approximately $11,000 would confititute a hardship The land is presently being used by the Carrolls as a pasture for grazing and permits have been issued to the Carrolls to keep livestock and other farm animals at this location Upon motion duly made and seconded, it was voted, under the provi- sions of Chapter 159 of the Acts of 1950, to defer payment of sewer betterment assessments levied on Lots 48A, 9 and 8, Waltham Street, without interest, until said land or any part thereof is built upon, sold or until the expiration of three years from the date hereof, whichever event occurs first; provided, however, that this extension of time shall terminate immediately if said land or any portion thereof is built upon or sold Map 16, Lot 48A M Joseph, Lawrence M & P Edward Carroll - $3,954 14 Map 16, Lot 9 Michael Joseph & Lawrence M Carroll - $5,946 53 Map 16, Lot 8 Joseph & Lawrence M Carroll - $ 813 14 Deferment- Mr Hutchinson recommended that the Board approve a further defer- Sewer & ment of sewer and water betterment assessed to Frank J and Charlotte Water Sanderson on Lots 289 to 296 Blossomcrest Road and Lots 215, 297, 298, Betterment 299 Meadow Brook Avenue A report from Mr McSweeney recommended a Sanderson further deferment be granted Blossomcrest Upon motion duly made and seconded, it was voted, under the Meadowbrook provisions of Chapter 159 of the Acts of 1950, to again defer payment of sewer and water betterment assessments for the following lots owned by Frank J and Charlotte Sanderson of 5 Meadow Brook Avenue, without interest, until said land or any part is built upon, sold or until the expiration date of November 1, 1980, whichever event pccurs first provided, however, that this extension of time shall terminate im- mediately if said land or any portion thereof is built upon or sold Blossomcrest Road Sewer Water Lot 289 $436 14 $169 50 Lot 290 356 03 90 00 Lot 291 169 10 - Lot 292 338 20 66 00 Lot 293 338 20 66 00 Lot 294 338 20 66 00 Lot 295 338 20 66 00 Lot 296 375 82 156 8o Meadowbrook Avenue Lot 215 328 70 Lot 297 321 48 Lot 298 321 48 Lot 299 366 48 Selectmen's Meeting November 21, 1977 The Appropriation Committee, Capital Expenditures Committee, Rec- Capital reation Committee, Conservation Committee, Mr McSweeney, Director Budgets of Public Works/Engineering and Mr Jerry Martin, Assistant Town Engi- neer, met with the Board to discuss Capital budgets Preliminary presentations were given on Recreation, Conservation and D P W capital items and it was agreed to more detailed discussions at future meetings All committee members retired from the meeting Mr Hutchinson recommended that the Town Manager's Office c be des- Unemployment ignated as the Town's administrative for handling unemployment claims, Compensation and to further designate the method of payment as reimbursable by being self-insured He advised the Board that one of the problems of the unemployment act is that school crossing guards are eligible unless they are funded through the academic budget and have a reasonable assurance of return to work after the summer season The School Committee could be asked to provide the necessary monies in the school budget for the school crossing guards; last year, the cost was $42,000 Mr Bailey suggested that the crossing guards be hired on a con- tract basis Mr Hutchinson agreed to pursue the matter with the School Depart- ment Upon motion duly made and seconded, it was voted to designate the Town Manager's Office as the Town's administrative agent for handling unemployment claims, and to further designate the method of payment as reibursable by being self-insured Mr Hutchinson informed the Board that, according to current es- timates, he is including $60,000 in the budget for unemployment compen- sation Mr Hutchinson read a report from Mr George Smith, Director of Noise Public Health, stating that upon receipt of complaints relative to Complaint- excessive noise levels emanating from the refrigeration units atop Highland the Highland Food Mart at 321 Marrett Road, he had investigated the Food Mart premises in August and September and no apparent violations were found In October, daytime noise level readings taken by the State Department of Air and Hazardous Materials revealed no discernible violations at that time; however, night time readings will taken in December Mr Smith suggested that if no violations can be deter- mined, the Board may want to address a possible nuisance condition which may have been created The Board agreed to await a further report from Mr Smith before taking action Upon motion duly made and seconded, it was voted 5-0 by roll call Executive vote to go into Executive Session for the purpose of discussing Session strategy with respect to possible litigation 76 Selectmen's Meeting November 21, 1977 After discussion, it was voted to go out of Executive Session and adjourn at 10 1+5 p.m A true record, Attest Z-16.viti) 22? Executive Clerk, Selectmen /