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HomeMy WebLinkAbout1977-07-25-BOS-min 528 SELECTMEN'S MEETING July 25, 1977 A regular meeting of the Board of Selectmen was held in the Select- men's n s Meeting Room, Town Office Building, on Monday, July 25, 1977, at 6 45 P M. Chairman Battin, Mr Bailey, Mr Busa, Mrs Miley and Mr Kent; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel, Mr McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Execu- tive Clerk, were present Executive Chairman Battin opened the meeting at 6 45 p.m and it was voted Session to go into Executive Session 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 the reputation of an individual After discussion it was voted to go out of Executive Session and conduct the open meeting at 7 30 p.m Jurors At the request of the Town Clerk, the following jurors were drawn Edwin J Maguire 127 Maple Street James X Saunders 9 Oxbow Road Marian E Patterson 128 Kendall Road Thelma Reed 76 Lowell Street Kenneth D Senne 24 Prospect Hill Road Gordon F Currin 6 School Street Barbara J Kowal 293 Bedford Street New Fire Mr Hutchinson introduced the new Fire Chief, John Bergeron, who Chief comes to Lexington from Greenfield, Massachusetts where he has been serving as the Deputy Fire Chief After four months of intensive recruiting, screening and interviewing by myself and an independent selection com- mittee, John has been selected, and we are very excited about his appoint- ment John has been a member of the Greenfield Fire Department since 1967, working his way up from firefighter to Deputy Chief He is very active in State and National professional organizations dealing with the fire service He has been recognized by his contemporaries for his management capability through assignments as Fire Instructor Captain at the Massachusetts Firefighter Academy, First Vice President of the Massachusetts Institute of Fire Department Instructors; is a member of the Massachusetts State Master Planning Committee, Chairman of the Needs Assessment Technical Committee for a State-wide Master Plan for Training and Education He holds an Associate's degree from Greenfield Community College in Liberal Arts, and a B S degree in Fire Science and Administration from City University of New York, John Jay College of Criminal Justice He is an Army veteran with a communications back- ground In Greenfield, he serves in an administrative and operating 529 Selectmen's Meeting July 25, 1977 capacity for the Fire Department We were fortunate to have many ex- cellent candidates, with over 80 applications being received, and John was the one candidate who had the unanimous support of the committee as the number one candidate for this position Mr Hutchinson said that he would like to personally extend his thanks to the selection committee, who had given countless hours of their time over the last four months working with him - Neil Chapman and Frank Hazel of the Personnel Advisory Board; Paul Flynn, Concord Town Manager; Larry Deetjen, Assistant Town Manager of Arlington; Commissioner Paul, Boston Fire Department; Chief Arthur Yacavone, West Hartford Fire Department Chief Bergeron will assume his duties on August 22, 1977, and he will be relocating to Lexington during the ensuing months Chief Bergeron addressed the Board and the audience and extended an invitation to all citizens to visit the Fire Station at any time, especially during Fire Prevention Week, the first week in October He hoped to make the Lexington Fire Department one of the best in these parts Board members welcomed Chief Bergeron and Chairman Battin wished him success in his new position Chairman Battin announced that the Board has received an invita- Police tion from the Massachusetts State Police to attend graduation exer- cises of the 66th Municipal Police Training Class on July 29 We have six members of our Lexington Police Department there and members of the Board plan to attend Parenthetically, in speaking about the Police, the Board has Tour of started a process of touring all departments with the Town Manager, Police Dept and they had started with the Police Department They had an open discussion with Chief Corr and were very pleased with what they had seen at the Police Station Mrs Battin commended Mr Hutchinson for starting the process Mr Hutchinson said that the Police Department went out of their way that day We are all pleased with what they have done Chief Bergeron retired from the meeting Chairman Battin read a request from the Recreation Committee to Recreation construct, under the appropriation of $5,000 of Article 38 of the Bicycle Path - 1975 Annual Town Meeting, a bicycle path from Worthen Road to the Lincoln St existing path from Baskin Road to Middleby Road; path to be con- structed of crushed stone except where steep grades are encountered, therefore subject to erosion, and are consequently to be paved Projected construction costs by DPW/Engineering show the available funds to be adequate to complete the work Once installed, this path will complete the linking-up of the Res , Bridge School, Lincoln Street field, and the Center field Chairman Battin asked for the Town Manager's recommendation 530 Selectmen's Meeting July 25, 1977 Mr Hutchinson said that Recreation is prepared to go forward with Public Works integrating it with their department; there is technical assistance available Mr Bailey asked if the Public Works Department concurred with the use of crushed stone? Mr McSweeney replied in the affirmative; also, Mr Coscia had walked the path They had used crushed stone on the bicycle path from North Street to East Street Upon motion duly made and seconded, it was voted to approve the plan submitted by the Recreation Committee for a bicycle path to be constructed from Worthen Road to the existing path from Baskin Road to Middleby Road, with the recommendation that this path would be con- structed of crushed stone, but areas encountering steep grades should be paved Hancock Chairman Battin read a letter from Mr Martin Gilman, President of Street the Historical Society, regarding the reconstruction of Hancock Street Hancock Their main concern is parking for the Hancock-Clarke House and, accordingly, Clarke House they feel that it would be very desirable to have low cutaway, roll- back curbing with berm as far as possible along the south, odd-numbered side of the street, extending from Edgewood Road to at least the end of their property at #35 Hancock Street If, for some reason, it becomes impossible to have the low edge all that distance, they would require it along the full width of their property at #35 This would be necessary because they may be obliged at some later date to secure permission to develop a parking area on that lot The most efficient use of the space would be for cars to pull onto the lot by turning to the right directly from the street Another letter was read from Mr Bigelow Moore, 50 Hancock Street, expressing his concern regarding drainage problems at the Hayes Avenue intersection. A report from Mr McSweeney stated that he had met with the State Project Engineer regarding the queries from the Historical Society and Mr Moore, and the State Engineer had resolved Mr Moore's question by adding additional draining and grading at the end of Hayes Avenue to relieve the anticipated drainage problem Mr McSweeney's recom- mendation on parking adjacent to the Hancock-Clarke House would be to provide the lot across the street with a 24 ft driveway opening so that at some future date if they receive approval, parking could be pro- vided on that property The State Engineer did not agree with the request, and DPW concurs, for roll-back curbing along the South odd-numbered side of the street extending from Edgewood Road to at least the end of the property at #35 Hancock Street However, if the Town of Lexington wants to provide this change in design, the State Aid Office would not object, providing the Town would assume the costs of the change Mr Busa felt that the entire street should be constructed in the same manner as other people would come forth regarding their property Mr Bailey agreed and recommended providing the 24 ft driveway 53 Selectmen's Office July 25, 1977 opening p g on the south side for the Historical Society lot, and to re- tain the curbing on all the rest of the properties on the south side; also, to approve the additional drainage Upon motion duly made and seconded, it was voted to adhere to the design previously voted on Hancock Street to provide a 24 ft driveway opening on the lot across the street from the Hancock Clarke House but to retain the straight granite curbing in front of all the rest of the properties on the south side of the street Also, to approve the recommendation to provide additional drainage and grading at the end of Hayes Avenue to relieve anticipated drainage problems Upon motion duly made and seconded, it was voted to table discussion Landfill on fees for the sanitary landfill Fees Chairman Battin read a notice to be inserted in the Minute-man FY 79 stating that all petitions for sewer, street and sidewalk acceptance Petitions must be filed in the Selectmen's Office no later than September 1, 1977 Sewer, Street, if they are to be included in the Fiscal Year 1979 Capital Expenditures Sidewalk budget Mrs Battin advised that this should alert all interested citi- Acceptance zens to submit petitions early and not wait until the last minute Also, she concurred with the Town Manager's recommendation that hearings be held in the fall rather than December or January Mr Hutchinson said that he had talked with Public Works and, if we could meet the demands, it would be desirable to hold hearings earlier and decide whether they could be included in the budget Mr Bailey requested that the Town Manager and D P W develop a practical schedule Mr Hutchinson agreed to prepare a written schedule for the Board and refine the timetable of the entire process Chairman Battin read a request from the Lexington Golf Club for an Liquor extension of hours under the Club liquor license from 10 00 a.m to Lex Golf 12 00 p.m on two Sundays, August 7 and August 21, 1977 The current Club Sunday hours are from 12 00 Noon to 10 00 p.m Upon motion duly made and seconded, it was voted to approve the request of the Lexington Golf Club for an extension of hours under the Club liquor license on August 7 and August 21, 1977, subject to approval under the regulations of the Alcoholic Beverages Control Commission NOTE ABC regulations having been checked, a letter was written to the Lexington Golf Club granting permission for an extension of the hours of operation on August 7 and August 21 from 12 00 Noon to 11 00 p.m Chairman Battin read a request from Town Counsel to sign the deed Wood St conveying land on Wood Street to J Andrew Ferry and Mildred C Ferry Lots - Ferry Mr Cohen introduced Attorney J McNicholas, who informed the Board that he represented Mr P Heidke in order to clarify the title to lots 225 to 230 Wood Street Years ago, there was a situation of a tax taking on the property but Mr and Mrs Ferry have been paying taxes since 1962 532 Selectmen's Meeting July 25, 1977 Mr Cohen recommended that the Board sign the deed at the agreed upon price of $150 00 Authorization to convey is contained in the 1953 Town Meeting vote under Article 37 Upon motion duly made and seconded, it was voted to convey the Town's interest, if any, in Lots 325-300 inc shown on a plan of land recorded in South Middlesex Registry of Deeds, March 1910, Book 185, Page 43, known as Colonial Heights, in the amount of $150 00 Bond Chairman Battin requested the Board to approve the Asst Town Clerk's bond Upon motion duly made and seconded, it was voted to approve the bond for Mrs Barbara Smith, Assistant Town Clerk, in the amount of $2,000 Sewer Upon motion duly made and seconded, it was voted to table the re- Easements- quest from Mr McSweeney to vote an intent to take easements for the Crescent Rd Crescent Road area sanitary sewer project MAPC-EDA Mr Hutchinson discussed the letter from the Metropolitan Area Funding Planning Council requesting an updated list of community projects and priorities to be included in an area-wide list of projects for funding under the Public Works and Economic Development Act of 1965 Mr Hutchinson said that the Town has not filed anything at this point in time but he would pursue the possibility of getting funding for housing He expressed the feeling that he was not optimistic about Lexington's chances Joint The four remaining members of the Planning Board, Mr Zabin, Dr Election- Clarke, Mr Friedman, and Mrs Wheaton, met with the Board of Selectmen Planning to elect a member to fill the vacancy caused by the resignation of Board Mr MacKenzie on June 30, 1977 Member Chairman Battin asked for nominations Mr Busa nominated Laura Nichols Mr Zabin nominated Frank Sandy Chairman Battin asked if there were any other nominations? Mr Busa said that before a vote is taken, he would like to inform the public that interview meetings were held with all the candidates last Friday to discuss their interests in the Planning Board, and he felt it was very helpful Chairman Battin said that they were delighted with the calibre of the people who had applied Upon motion duly made and seconded, it was voted that nominations be closed Chairman Battin asked for a vote of the four Planning Board members and the five Selectmen Dr Clarke, Mr Zabin, Mr Friedman, Mrs Wheaton, Mr Kent, Mr Bailey, Mrs Miley and Mrs Battin voted for Mr Frank Sandy Mr Busa voted for Mrs Laura Nichols V400 Selectmen's Meeting July 25, 1977 By roll call vote of the four members of the Planning Board and the five members of the Board of Selectmen, it was voted 8-1 to elect Mr Frank Sandy a member of the Planning Board for a term of office to March, 1978 Mr Busa voted in the negative Chairman Battin read a request from Mr Walter Tomlinson, Jr , Denny's Manager of Denny's #705 Inc , 435 Bedford Street to extend the hours Comm Viet of operation to twenty-four hours under the Common Victualler license The current hours are 6 00 a m to 11 00 p.m Mr Tomlinson was present and Chairman Battin explained that the Board of Appeals sets the hours of operation for restaurants and the Board of Selectmen, when issuing the Common Victualler license, sets the hours within those approved by the Board of Appeals Therefore, this request must properly be submitted to the Board of Appeals Mr Tomlinson agreed to contact the secretary of the Board of Appeals to obtain the necessary forms The Planning Board and Mr Tomlinson retired from the meeting Mr Hutchinson discussed the letter received from the State Di- Ambulance rector of Ambulance Regulation Programs citing violations found when Violations the Town ambulance was inspected In his opinion, the expected stan- dards are frivolous and extremely difficult to meet, and he questioned the need for some of the requirements for the type of service that the Town ambulance is providing He pointed out that our ambulance was purchased and approved under the standard requirements Some of the cited violations are in error, he felt, and waivers are currently being sought The State says that two members of the Fire Department with Emergency Medical Training must be on duty at all times; currently, we have one EMT and one driver - next, they will want three EMT's They also cited insufficient kneeling space alongside the cot; no equipment for changing tires ; the spare tire was not in the vehicle; no burn sheets available Mr Hutchinson said that our members of the Fire Department are very conscientious and when the new Fire Chief comes, he will address the questions Chairman Battin asked if he had any suggestions about adjustments being made at the State level? Mr Hutchinson replied that he is going to try to address them about redrafting regulations that would make sense Many towns are not able to meet these standards Chairman Battin recommended that we work in concert with the Mass League of Cities and Towns Mr Hutchinson agreed Chairman Battin read a recommendation from Mr McSweeney, Di- Water Bill rector of Public Works/Engineering, to abate water bills Abatements Upon motion duly made and seconded, it was voted to approve the Selectmen's Meeting July 25, 1977 recommendation of the Director of Public Works/Engineering to abate water bills in the amount of $9,186 85 LeBellecour Restaurant 12 Muzzey St $1032 75 Incorrect Meter Reading Daniel J Sliski 15 Volunteer Way 30 50 " ti Georgia Kapiris 405 Marrett Rd 29 70 " " "(owner) Raytheon Co 141 Spring St 7195 95 " It Albert Zabin 1 Page Rd 494 10 " It "(owner) Harold Frye 24 Dawes Rd 20 25 " " " " Drummerboy Estates 9A Fifer Lane 1 00 Meter taken out Occupant 14 Hartwell Ave 11 25 " " " Jeff Alport 30 Bow St 339 75 Incorrect billing David Washburn 267 Waltham St 11 25 Peter Lund 17 Cushing Rd 20 25 " Selectmen's Chairman Battin asked if members of the Board would work with her Operating on developing a handbook on Selectmen's operating procedures, using Procedures Arlington, Amherst and Sudbury procedures as references Mr Kent agreed to work with Mrs Battin Goals Chairman Battin said that the Board had talked about developing and a process for setting our goals and priorities, and she asked for assis- Policies tante from Board members Mrs Miley and Mr Busa agreed to work with Mr Hutchinson It was agreed to bring in to the meeting on August 22 each Select- men's list of areas in which the Board can and should develop policy Trustees The Board agreed to refer a request for financial assistance to of Public the Trustees of Public Trusts Trusts - Upon motion duly made and seconded, it was voted to request the Fahey Trustees of Public Trusts to consider an expenditure from the ap- propriate Trust Fund to enable Miss Kathy Fahey, 144 Reed Street, Lex- ington to attend Camp Reach, Arlington, for a period of three weeks CATV Mr Bailey informed the Board that Mr Page, Chairman of CATV, has asked if the committee could talk with private owners without committing themselves The Board agreed that the Advisory Committee on Cable Television should just talk in generalities with private CATV companies Flagpole Mr Hutchinson recommended that the Board authorize payment of Final $350 00 to B A Larson & Company for repainting the bottom section Payment of the flagpole on the Green This represents the final payment on the new flagpole Upon motion duly made and seconded, it was voted to authorize the Town Manager to make the final payment on the new flagpole on the Battle Green, in the amount of $350 00 to B A Larson & Company, under the appropriation for Article 32 of the 1976 Annual Town Meeting 5 :35 Selectmen's Meeting July 25, 1977 Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's meeting held on June 20, 1977 Mr Hutchinson informed the Board that after numerous attempts Wild Acre to meet with Dr Yudowitz regarding the Wild Acre Inn sewer, the Sewer meeting has been scheduled for July 26 Mr Hutchinson announced that over $500,000 is being returned E&D from remaining balances of unexpended appropriations for FY 77; the School Department made a conscientious effort and returned $113,000, and Town Departments returned approximately $400,000, which meant that they did compromise on some of the projects that had been scheduled Mr Hutchinson informed the Board that correspondence has been Binding & received from the Massachusetts Municipal Associations Joint Legis- Compulsory lative Office regarding Lexington's participation in a professional Arbitration public opinion survey to be conducted by Jack Walsh & Associates Survey at a cost of $8,000 This consultant has been working with the Legislative Office to design a questionnaire to be sent to a cross- section of the Massachusetts voting population on binding and com- pulsory arbitration They will analyze the data, do additional research on past referendum voting patterns, and then recommend a political strategy and organizational requirements for addressing the question of binding and compulsory arbitration Upon motion duly made and seconded, it was voted to authorize the expenditure of $350 00 as Lexington's share in the survey on binding and compulsory arbitration being conducted by Jack Walsh and Associates for the Massachusetts Municipal Associations Joint Legislative Office Upon motion duly made and seconded, it was voted to adjourn at 8 30 p.m A true record, Attest Executive Clerk, Selectmen I