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HomeMy WebLinkAbout1977-06-20-BOS-min 48 SELECTMEN'S MEETING June 20, 1977 A regular meeting of the Board of Selectmen was held in the Se- lectmen's Meeting Room, Town Office Building, on Monday, June 20, 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; Mrs McCurdy, Executive Clerk, were present Reorganiza- The meeting was called to order by the Executive Clerk tion of Mr Busa stated that there had never been a call for reorganization Board of the Board and because there is to be a recount (of the votes cast in the June 13 special election for a Selectman) , he felt that the Board should continue to proceed in the same manner After the recount, the Board could reorganize Mr Cohen said that there is a possibility of a recount but he didn't know that one had been requested However, it was perfectly legal to have reorganization this evening The newest member of the Board, Mr Kent, had been sworn in, which is absolutely legal The Board can always reorganize anytime they want Mr Busa said that he understood what Mr Cohen was saying but we have a Vice Chairman in position and somebody has to ask for reorganiza- tion He realized that at some point in time that the Board may reorga- nize if they wish, but there is nothing under the Town Manager/Selectmen Act that calls for reorganization notice proceedings for a Chairman of the Board of Selectmen Mrs Miley commented that she didn't remember that there was a re- quest last year for reorganization when she carne on the Board Mrs Battin said that she would check with Town Counsel but , after an election, she understood that there is a new Board and the first order of business, by custom, is reoganization The Chairman, or the person acting in the capacity of Chairman the week before, places it on the next agenda as the first item-which she did automatically, as other Chairmen had She asked Town Counsel if the Board could continue with the same structure even though there is a new member? She asked, "Where it is not mandated, we are not obliged to reorganize " Mr Cohen recommended a poll of the Board The Executive Clerk conducted a poll of the Board on whether reorgani- zation should be held this evening Mrs Battin voted Yes Mr Bailey said that his wishes would coincide with Mr Kent's Mr Kent stated that he was aware that there may be a recount peti- tion this week However, he had received a letter from the Town Clerk notifying him of his election and, responding to her request, he had been sworn in as a member of the Board of Selectmen by the Town Clerk Town Counsel had indicated that this was done in accordance with the law In response to Mr Bailey with respect to the procedural question, 4 9 9 Selectmen's Meeting June 20, 1977 if he is ready to proceed with reorganization, then he (Mr Kent) is Mrs Miley voted Yes Mr Busa voted No Mr Bailey voted Yes Mr Kent voted Yes By a roll call vote taken by the Executive Clerk, it was voted 4-1 to proceed with the reorganization of the Board Mr Busa voted in the negative The Executive Clerk then declared that nominations were open for Chairman the election of a Chairman of the Board Mrs Miley nominated Mrs Battin Mr Busa nominated Mr Bailey Mr Bailey declined the nomination Mr Busa nominated Mrs Miley Mrs Miley declined the nomination There were no other nominations, and motion was made and seconded that nominations be closed Motion having been made by Mrs Miley nominating Mrs Battin as Chairman, the Executive Clerk asked that all members in favor of Mrs Battin declare their vote by aye or nay The Board of the Selected voted 4-1 to elect Mrs Margery M Battin as Chairman of the Board for the ensuing year Mr Busa voted in the negative Mr Busa addressed Chairman Battin and said that it had been her Vice suggestion in the past that we would nominate and appoint a vice Chair- Chairman man of the Board of Selectmen He asked if she wished to continue with that procedure or if she did not wish to have a Vice Chairman while she was Chairman? Chairman Battin said that she would like to recommend something that had been talked about in the past, that the Board seriously develop its own policies and procedures manual and really develop a more formal organization, and then vote someone into it She felt that this was the trouble before Other Boards across the Commonwealth have a Vice Chair- man and a Clerk, and they have operating procedures written down in a formal form The Town Manager will spend some time working on estab- lishing goals and priorities and, also, a policies and procedures manual - and it is hoped we could address these this summer Once we develop a formal organization, we all could adhere to this and vote the necessary persons into the slot Mr Busa said that it is his understanding that Mrs Battin has had a change of heart as she was one of the members of the Board who was very adament that there be a Vice Chairman and that the Board go along with it because emergencies do arise He believed that this is what she had insisted upon, by a 3-2 vote twice, that it is necessary to have a Vice Chairman on call at all times He wanted to know, other than the change in the Board, why the decision not to have a Vice Chairman 500 Selectmen's Meeting June 20, 1977 Mrs Battin said that, to explain again, her personal preference is that on most boards on which she had been serving, there have been a Vice Chairman, a Secretary, and a Clerk She still felt it important and strongly felt that the Board should adopt this But, since there was dissention on the Board and confusion as to both the position as created and a person put into it , whether it is better to do it the other way She would go along with it if the Board chose to do it tonight If the Board feels comfortable with it, then we would do it tonight and put someone into the slot She asked if this is what Mr Busa is proposing, that the Board proceed this way, and if he would like to make a motion? Mr Busa replied that he did not; he just wanted to know why, and Mrs Battin had given him the reason why she had a change of heart all of a sudden that we do not have a Vice Chairman He said that he had not changed his mind since the Board discussed it last year and the year before He did not think it is necessary to have a Vice Chairman, and that the senior member could always take over in an emergency, and the Town Manager could always take over in an emergency until a meeting is held - and that, as far as he understand it, is what the procedure had been We operate under the Town Manager Act and we don't need a Chairman in a crisis situation A Chairman is only needed to run a meeting Chairman Battin said that this is one of the things the Board must investigate in other towns and why they do it She asked if any other member wished to address the question? Mrs Miley was the only member to respond and said that she would like to delay it for a while until they had their policies and procedures established Chairman Battin agreed and said that it would then be looked at in a more formal way Guides Mr Richard John, Senior Guide, met with the Board to recommend the appointment of guides for the upcoming tourist season Chairman Battin welcomed the guides and said that they are often the first contact that visitors have with the Town, and the Board has always been very proud of the guides who have preceded them Upon motion duly made and seconded, it was voted to appoint the Official Guides of the Town of Lexington for a term expiring June 1, 1978 Chairman Battin presented the guides with their licenses and badges and wished them a successful season Renewals Joan Barringer 22 Deering Road Ann Carroll 8 Peacock Farm Road Bill Fine 52 Eldred Street Jay Gabriel 10 Winchester Drive -Richard Gerrig 44 Eldred Street Frederick H Hagedorn 17 Fiske Road 501 Selectmen's Meeting June 20, 1977 111 Renewals (Continued) -Richard John 19 Saddle Club Road Daniel Kahne 15 Dewey Road Dikran Kaligian 30 Dewey Road Jeff Lucas 11 Summit Road Bill McKibbon 32 Middle Street Peter Miller 46 Eldred Street Carolyn Ryan 44 Eastern Avenue Kathleen Ryan 44 Eastern Avenue Claudia Sauermann 14 Russell Road Charles Soparker 12 Saddle Club Road N Jeffrey Spencer 32 Hancock Street Richard Sutton 37 Winthrop Road Stewart A. Sutton 37 Winthrop Road Jim Takacs 7 Elena Road New Guides Bruce Baron, 236 Worthen Road Stephen Bertolini 9 Brown Road Marianne Brouillard 1308 Massachusetts Avenue Charles V Ford 4 Grove Street Tracey Hardy 6 Revere Street John Hayden 4 Davis Road Elizabeth Kaczmarczyk 13 Gleason Road 'James Lyons 12 Chase Avenue Jonathan Miller 46 Eldred Street Peter Ostrow 7 Castle Road Yvonne Swann 6 Audubon Road Joel Wachman 10 Diamond Road Deborah Zeltzer 5A Eliot Road The Lexington Housing Authority and Mr Paul MacKenzie, Chairman Lexington of the Planning Board, met with the Board regarding LHA's application Housing to HUD for financial assistance for 85 housing units Authority-HUD Mr MacKenzie said that the Planning Board strongly supports the application of the Lexington Housing Authority to the Department of Housing and Urban Development for assistance to enhance the Town's public housing program We are very happy to see the extension of the scattered sites housing concept which we have supported consistently since its inception Our support for scattered site housing has not diminished The proposal for elderly housing at Countryside received the enthusiastic and unanimous support of the Planning Board at the 1977 Town Meeting We continue to support the construction of public housing at this location Mr Temple Scanlon, LHA Director, said that they had filed with the application that adequate services do exist in the community to serve those areas which we are planning to construct upon 111 Mrs Miley read a resolution and recommended that it be adopted by the Board 502 Selectmen's Meeting June 20, 1977 Upon motion duly made and seconded, it was unanimously voted to adopt the following resolution to be submitted to the Department of Housing and Urban Development in support of the Lexington Housing Authority's applica- tinn for financial assistance for 85 units under the Public Housing Program. WHEREAS the Lexington Housing Authority has applied for funding for 85 units of low and moderate income housing within the Town of Lexington, and WHEREAS the Lexington Board of Selectmen feel that this is a worth- while commitment to the community as a whole, and WHEREAS the Town of Lexington is concerned about a proper balance of housing for all income and age groups, and WHEREAS the Town is hopeful that efforts by suburban towns such as Lexington are recognized as part of a sincere attempt to assist in the solution of the housing problem in the region and the Town, and WHEREAS this housing is spread throughout our community as part of a balanced commitment to low and moderate income groups; WE the Board of Selectmen of the Town of Lexington enthusiastically endorse said application by the Lexington Housing Authority Chairman Battin said that it had been sent for review by Mr Michel- son, who had been studying low and moderate income housing for LCSR, and he suggested that we might also submit to HUD some statistics about our employees who are not able to live in Town The Board agreed that Mr Hutchinson is to gather some statistics to be submitted to HUT) Unlicensed Chairman Battin recommended that the Board sign the Warrant regard- Dogs ing unlicensed dogs in the Town Upon motion duly made and seconded, it was voted to sign the Warrant to the Animal Control Officer to investigate the list of 881 owners of unlicensed dogs in the Town of Lexington Dog Chairman Battin read a formal application from Mrs Georgia Kapiris, Hearing 405 Marrett Road, for a hearing on a dog owned by Peter Smith, owner of Pete's Getty Station located on Marrett Road Upon motion duly made and seconded, it was voted that Seldctmen Busa is to conduct a dog hearing on July 27, 1977 at 9 00 a.m 1977-1978 The 1977-1978 jury list was presented for approval and Mr Busa Jury List questioned whether students who are attending school a great distance from Middlesex County should be included on the list He recommended Selectmen's Meeting June 20, 1977 I III that a letter be written to the Clerk of Courts asking for his opinion Mrs Miley said that it was her understanding after a report of a call to one in the Clerk's office that the Judge usually grants immunity from jury duty to students However, after also speaking with a person in Secretary Guzzi's office that we should stick strictly to the statute and if the Judge, through communication or whatever system he uses, feels that a certain student should not have jury duty, then that is fine But she felt that we should go by the statute Mr Busa explained that he was not asking for a change in procedure but he would like to get an opinion from the Clerk of Courts Upon motion duly made and seconded, it was voted to write to the Clerk of Courts in Middlesex County and request his opinion on whether students who attend schools outside of Massachusetts should be included on the jury list Mr Edward Tippett, President of Arlex Taxi Corp , met with the Taxicabs Board to discuss his proposal that coupon books in the amount of $10 00 Senior Citizens be sold through the Council on Aging to Lexington citizens over 65 Discount years of age for taxi service Program The Board agreed with Mr Bailey that it was an excellent proposal, and the Council on Aging will be informed about the opportunity to take advantage of Mr Tippett's offer Upon motion duly made and seconded, it was voted to approve the taxi discount program for senior citizens Chairman Battin asked Mr Tippett to explain the question raised at Taxi Rates the meeting of June 13 regarding a flat rate from the airport and a meter rate to the airport Mr Tippett said that when he first came to the company, it was a losing proposition to go from Lexington to the airport, so we took people from Lexington on the meter and brought them back for $11 00 The normal Boston rate out tothere is $21 00 During the winter, it takes 2-1/2 to 3 hours for a round trip to the airport and that's less than the wage law requires Do you people prefer a flat rate? The way it stands now, we have been running in on the meter and taking them back on the flat rate As you know, the new rate is going to be another $2 00 approximately added on to each trip to the airport Mr Busa said that the Board is concerned about a letter we received from a citizen complaining about an added charge quoted on the rate to the airport, and that Mr Tippett had said that it was because that person told the driver he was in a hurry and suggested the route to take Do you have a basic route? Mr Tippett replied that the driver goes through Arlington to Route 16 to Route 93 to the airport The person who complained wanted to go to Route 128 to Route 93, which is $3 00 or $k 00 more Mr Busa said that he just wanted it to be clear and on the record and, if we recieve complaints again that it was over and above what was anticipated to be, we will know they took an alternate route to the air- port 504 Selectmen's Meeting June 20, 1977 Mr Tippett said that they are the least expensive taxi in the area If you want me to have a flat rate to the airport, it is going to cost the people in East Lexington more by paying $14 00, where they now pay about $10 80 on the meter Those in North Lexington would pay $17 00 and those in the Center, $16 00 Mr Cohen asked if it would be flat rate from the airport? Mr Tippett replied that it would be flat, and they would try it for a couple of months Upon motion duly made and seconded, it was voted to approve the request from Mr Tippett for a metered rate for trips from Lexington to the airport and a flat rate from the airport to Lexington Mr Bailey commented that this is a situation that we are going to hear about if it is off-balance The Board agreed to amend the Taxi Rules and Regulations under Section VI b Rates or Fares Mr Tippett thanked the Board and retired from the meeting Liquor Chairman Battin read a request for a one-day liquor license 1-Day Upon motion duly made and seconded, it was voted to sign the one- License day liquor license for W R Grace Co for a retirement party on June 29, 1977 Traffic - Chairman Battin read a report from the Traffic Safety Committee in Signs on response to a request from Mrs Lois Donahue, 24 Lawrence Lane, for Town Lawrence inspection of a hedge between #15 and #17 Lawrence Lane; also, a re- Lane quest for "Caution Children" signs After discussion, the Board approved the recommendations Upon motion duly made and seconded, it was voted to accept the recommendation that no action be taken at this time regarding the hedge between #15 and #17 Lawrence Lane as it is on private property Also, to approve the recommendation for the installation of "Caution Children" signs on Lawrence Lane The Public Works Department is to be instructed to make arrange- ments for the installation of the signs Traffic - Chairman Battin read a report from the Traffic Safety Committee in Stop Signs response to a request from Mrs Katherine C Heye, 16 Williams Road, for Williams & Stop signs at the interesection of Williams Road and Wyman Road Wyman Road The Board accept the recommendation that Stop signs are warranted Upon motion duly made and seconded, it was voted to amend the Traffic Rules and Orders of the Town of Lexington by adding to Article 8, Sec- tion 22, Schedule 7, the following STREET LOCATION REGULATION Williams Road Northeastbound at Wyman Road Stop Williams Road Southeastbound at Wyman Road Stop Approval of the State D P W will be requested 505 Selectmen's Meeting June 20, 1977 111 Chairman Battin read a request for a square dance Square Dance Upon motion duly made and seconded, it was voted to grant permission to Five Fields, Inc for the annual July 4th square dance on July 2, with a rain date of July 3, from 7 00 p.m to 11 30 p.m Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meeting held on June 6, 1977 Chairman Battin read a request from the Pennsylvania Society of the July 4 Sons of the Revolution for simultaneous bellringing on July 4 in the Bellringing Town Upon motion duly made and seconded, it was voted to refer the re- quest for simultaneous bellringing on July 4 to the churches in Town for their consideration The Board discussed two bills received from Middlesex County, one Middlesex for $26,675 79 for a deficit incurred for the alcoholism unit at the County Middlesex County Hospital; the other for $28,034 46 for raises for Additional County employees Billing Chairman Battin wondered if collective action could be taken by cities and towns to see if it would be possible to refuse payment Mrs Miley had talked with Town Counsel and Mrs Battin had talked with Mr Odell, Chairman of the Middlesex County Association, and he had decided that the best way to work was through the County Advisory Board, of which he is Vice Chairman and Mrs Miley is our member Mrs Miley said that the second bill was sent to the Board of Assessors and she happened to hear about it She recommended that better communications be established in town offices so that we will know exactly what bills are coming in, and to what office She had talked with several towns and, at her suggestion, Bedford was going to hold up payment for a short while to see if they could muster some support In talking with Mayor Mann of Newton, he said that there was no way we could possibly put this off; regarding the bill for raises for County employees , he said that since the State is giving raises and towns are giving raises there is not much we can do about it Mayor Mann also suggested that the County Advisory Board push to see if the hospital can be put under private auspices rather than as a County function, and that may be the next step to take In the meantime, it looks as though we are going to have to pay $26,675 79 by July 1 and the other one for $28,034 46 by June 21 Mr Busa asked what would happen if we don't pay them? He suggested that perhaps we should go along with Bedford until we see what can be done; to either pay an installment or at some time in the future when we have funds available Mr Bailey recommended that any action by the Board would be for payment to go through routinely He said that the only way the Board is going to cope with this is before the fact Once the bill is in hand, the ballgame is over 506 Selectmen' s Meeting June 20, 1977 The Board agreed 11/ Mrs Miley said that she had heard from the County Advisory Board office that Dracut is sending letters to their legislators requesting that they support the Middlesex County Advisory Board's recommended cuts in the FY 78 County budget She suggested that the Board also do this and include the Governor and the Committees on Counties to let them know that we are concerned The Board agreed State Aid- Chairman Battin read a request from Mr John McSweeney, Director Highways of Public Works, to sign the forms for State Aid for Highways Upon motion duly made and seconded, it was voted to sign the 1977-78 forms for accepting State Aid for Highways , in an amount yet to be determined by the Massachusetts Department of Public Works State Aid Office, District #4 Permit - Chairman Battin read a request from the Lexington Minute Men Minute Men Upon motion duly made and seconded, it was voted to grant permis- sion to the Lexington Minute Men to use the Battle Green on June 26 at 2 00 p m for the installation of officers; also, to allow the Minute Men to fire a cannon with the understanding that the necessary permits are received from the Police and Fire Departments Lexington Chairman Battin informed the Board that a letter has been received (Housing from Secretary Glynn of the Executive Office of Communities and State Appt Development informing us of his appointment of Mr William T Spencer to the Lexington Housing Authority for a term expiring January 27, 1982 Affirmative Mr Hutchinson informed the Board that the affirmative action plan Action is being reviewed now, and he recommended that an appointment be scheduled with the Personnel Advisory Board of July 11 for discussion of the plan The Board agreed Future Mr Hutchinson added that he will bring in his recommendations on Appts July 11 for appointments to the Council on Aging and the Historical Commission Frasca Mr Hutchinson recommended that no abatement of sewer betterment Sewer be granted to Mr Rocco M Frasco, 987 Waltham Street, the Engineer- Betterment ing Department had reviewed Mr Frasca's request and agreed that it should be denied Upon motion duly made and seconded, it was voted to accept the Town Manager's recommendation that an abatement should not be granted on the lot owned by Mr Rocco M Frasca Moon Hill Mr Hutchinson reminded the Board of the hearing on July 13 on Sewer the Moon Hill sewer project He informed the Board that the Assistant Town Engineer will meet with them on June 27 regarding complaints about the project 507 Selectmen's Meeting June 20, 1977 Mrs Miley that at if you look back into the records, the Se- lectmen did approve the route of the sewer on Moon Hill Mr Hutchinson replied that he understood that is correct There is a requirement for another administrative hearing and we will update all the information Mr Hutchinson discussed the surcharge and backflow of sewers and Sewer advised the Board that the Inflow/Infiltration study, which is in the Problems process of being embarked upon and will be completed in 1978, will identify some of our infiltration problems After that, Phase 2 will D require additional study work on the operational routing and mainte- nance of the system Phase 3 calls for specific plans and specs to be prepared with major renovations to the sewer system So all of these steps are in the process During periods of heavy rain, we have an overflow problem Mr Bailey asked for a Health Department report through the Manager on what steps they think should be taken in North Lexington to put an emergency plan into effect if we had to By planning ahead, we could do a lot more to minimize the impact of the pumping We could construct proper lagoons and proper facilities and be ready for it when it happens Mr Hutchinson agreed to have a written report for next week. Mr Jerry Martin, Assistant Town Engineer, met with the Board to Chapter 90 discuss the Chapter 90 Hancock Street reconstruction project Hancock Street Mr Martin said that we have been through four Town Meetings for Chapter 90 on Hancock Street The State has now completed their final design, which is essentially the same as the initial concept of four years ago There have been four informational meetings and public hearings held each year along with our regular street program The design calls for a 26 ft pavement with vertical curb on both sides; a sidewalk on both sides and, where possible, to have a 2 ft grass strip The overall job is 2850 ft with the area within the railroad being done by Town forces It is 75 percent State and 25 percent Town funds We will be coming back in two weeks to request the Board to vote an intent to take temporary construction easements, and we have notified abutter of this The plan is in Engineering and we will meet with abutters anytime to discuss it with them Mr Bailey recommended, and the Board agreed, to have an informa- tional meeting on Hancock Street in Cary Hall on June 29 at 7 30 p.m It was also agreed to post a meeting of the Board of Selectmen for that evening Mr Martin will notify all abutters of the meeting Mr Hutchinson discussed a letter from Mr John C Przyjemski re- Cliffe Ave questing that the Board resolve a problem with the property line be- Boundary tween his home at #84 and the adjoining lot at #88 Cliffe Avenue Dispute The Board agreed with Mr Hutchinson that this is a civil matter between neighbors and Mr Hutchinson is to so inform Mr Przyjemski Upon motion duly made and seconded, it was voted by 5-0 roll call 508 Selectmen's Meeting June 20, 1977 Executive vote too into Executive Session to discuss the reputation of indi- viduals Upon motion duly made and seconded, it was voted to adjourn at 9 30 p.m A true record, Attest Executive Clerk, Selectme III 1