HomeMy WebLinkAbout1977-05-31-BOS-min 465
SELBCTMEN'S MEETING
May 31, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Tuesday, May 31, 1977 at
7 30 p m. Vice Chairman Battin, Mr Bailey, Mr Busa, and Mrs Miley;
Mr Hutchinson, Town Manager; Mrs McCurdy, Executive Clerk, were
present
Mr Hutchinson informed the Board that a meeting has been Water -
arranged at the Burlington Town Hall on June 16 for the Burlington, Burlington
Bedford and Lexington Boards of Selectmen to discuss problems of Bedford
mutual concern, primarily water problems Lexington
All members of the Board and Mr Hutchinson are to attend
Mr Hutchinson said that he will bring in the contract on the 1/I Study
Inflow/Infiltration Study as soon as amendments to the contract are
completed
Mr Hutchinson recommended that the contract for sidewalk con- Contract
struction on Forest Street and Massachusetts Avenue be awarded to 77-2-E
the lowest bidder, LiDonni Incorporation, in the amount of $32,790 Sidewalks
Upon motion duly made and seconded, it was voted to award Con-
tract #77-2-E to LiDonni Incorporated, Newtonville, in the amount
of $32,790, for the construction of sidewalks on the North side
of Forest Street and on the South side of Massachusetts Avenue
The authority is contained in Article 19 of the 1975 Annual Town
Meeting; Account #5400 of the F Y 77 and F Y 78 operating budgets
Mr Hutchinson informed the Board that Selectmen representa- HUD Flood
tion is unnecessary at the meeting on June 23 in the Planning Board Insurance
office for a review of the Preliminary HUD Flood Insurance Rate
Study He will attend and report back if any action of the Board
is necessary
Mr Hutchinson requested the consideration of the Board in Burglary
declaring June as Burglary Prevention Month in Lexington He Resolution
read a resolution prepared by the International Association of
Police Chiefs, and added that the real goal would be to involve
the citizenry concerning neighborhood alert
Upon motion duly made and seconded, it was voted to adopt the
resolution declaring June as Burglary Prevention Month in the Town
of Lexington
Mr Hutchinson discussed the letter from Dr Manfred Friedman Mosquito
stating his objection to mosquito spraying on the basis that it Control
provides no benefit, other than a brief respite, and could be of
lasting harm Mr Hutchinson said that comments on the subject
it
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Selectmen's Meeting May 31, 1977
111
will be forthcoming from Mr George Smith and Dr Michael Erdos of
the Lexington Board of Health after their meeting tomorrow with
State officials to discuss pesticide control Mr Smith and Dr
Erdos feel that the program should continue Mr Hutchinson added
that Town Meeting did discuss this issue and authorized the
appropriation, and he did not feel that we are in a position to
abate the execution of the will of Town Meeting to conduct the
program unless there is a demonstrated health problem or environ-
mental Problem necessitating a decision of the Board
Vice Chairman Battin said that there were other sides involved -
what the Board of Selectmen does about what the Town Meeting had
authorized, and what we would put in the budget next year
Mr Friedman was present at the meeting and said that Town
Meeting had approved the expenditure but, in the past, it has
been decided not to spend the money A vote of 98-94 was not an
overwhelming vote
Mr Busa said that Town Meeting voted the program under the
auspices and direction of the Middlesex Department of Health or
the State agency that handles it, and that should go forward unless
it is a health hazard in the minds of the Health Officer and the
Town Manager to curtail it Next year, Mr Friedman could address
it at Town Meeting and that's the time to curtail it
Vice Chairman Battin read the questions raised by Mr Fried-
man in his letter Is the spray equipment calibrated for range
and quantity so that correct insecticide density is delivered to
proper areas? Are operators trained? Who monitors the work?
How is effectiveness determined? Are areas measured for mosquito
counts before and after spraying? Has it been confirmed that the
poisons used will not combine to form a more harmful and/or long
lasting product? What precautions have been taken to prevent con-
taminating Bedford and Burlington water supplies? Are the insecti-
cides damaging to bees? What precautions are taken to warn the
public, organic farmers, home gardeners and sick people of the
time and location of spray operations?
After discussion, the Board agreed to proceed with the mos-
quito control program pending a report from Mr Smith and Dr
Erdos on their meeting with State officials Next year, perti-
nent information in response to the above questions will be com-
piled for the Board's consideration during the budget process
Mass Ave / Mr Hutchinson reported to the Board on the State Functional
Pleasant St Design Report on high hazard location projects at Massachusetts
& Waltham St Avenue/Pleasant Street and Waltham Street/Marrett Road intersec-
Marrett Rd. tions There are differences of opinions of the Engineering De-
Intersections partment, Planning Board, and the State Department of Public
Works but a public hearing will be conducted by the State in
Lexington for the purpose of re-addressing all issues Mr
Hutchinson agreed to contact Town agencies and will come back to
the Board when the hearing date is set
467
Selectmen's Meeting May 31, 1977
Vice Chairman Cha rman Battin read a report from Mr William Martin, Fence
Assistant Town Engineer, concerning a letter from the Fence Responsibility
Viewers requesting a determination of the lot line and the Hancock School
responsibility of maintenance and repairs to a fence located 43 Forest St.
between the Hancock School and the property owned by Mrs Raymond
Nickerson at 43 Forest Street
The report states that, after review of the records and
investigation in the field on the location of the fence, the
conclusion is that the fence is either on or faces on the lot
line between these two properties as well as other properties
abutting either the Hancock School or Belfry Hill It is fur-
ther concluded that the fence was erected by the Town since it
is uniform in construction throught its length
During discussion, it was noted that the Hancock School is due
to be phased out in September, 1977 The Board agreed that the
responsibility of repairs and maintenance of the fence lies with
the Town and, therefore, to refer the matter to the Town Manager
Upon motion duly made and seconded, it was voted to the
Town Manager the matter of the fence located between the Hancock
School and 43 Forest Street
Mr Hutchinson was requested to talk with Mrs Nickerson
Vice Chairman Battin read a letter from the New England Tele- J/0 Pole
phone Company requesting formal approval of the relocation of a Relocation
J/O pole on Adams Street south of Myrna Road As a result of an Adams St
accident on Adams Street, it was necessary to replace the pole
immediately because of the loss of electrical service and tele-
phone outages
A report from the Director of Public Works/Engineering
recommended approval of the formal request After issuing
verbal permission to relocate Pole 1/45 on an emergency basis,
DPW had reviewed the new location and found the new location to
be an improvement in traffic safety in the area
Upon motion duly made and seconddd, it was voted to approve
the formal petition of the New England Telephone Company and the
Boston Edison Company for the following relocation of a J/0 pole
Adams Street, on the easterly side, approximately 74+ feet
south of Myrna Road, one pole; one pole to
be removed
Vice Chairman Battin read a request from the Elks Lodge to Permit -
use the Battle Green and an invitation to the Board to partici- Green - Elks
pate in a ceremony on Flag Day
Upon motion duly made and seconded, it was voted to grant
permission to the Lexington Lodge of Elks #2204 to use the Battle
Green for Flag Day ceremonies on Tuesday, June 14, at 7 00 p.m
subject to Police and Town Manager regulations
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Selectmen's Meeting May 31, 1977
Mr Busa agreed to represent the Board at the ceremony
Rummage Vice Chairman Battin read a request for the Order of Eastern
Sale Star to conduct a rummage sale at the Masonic Temple on Saturday,
June 11, from 10 00 a.m. to 3 00 p.m
The Board had no objection
Auctioneer Vice Chairman Battin read an application for an Auctioneer's
license
Upon motion duly made and seconded, it was voted to sign the
Auctioneer's license for Mr Robert P Fenochetti, 53 Reed Street,
expiring on March 31, 1978
Minutes Upon motion duly made and seconded, it was voted to approve
the minutes of Selectmen's Meetings held on May 10, May 13, and
May 16, 1977
Cooke Vice Chairman Battin read a request from the Conservation
Land Commission for the Board of Selectmen to vote to take by eminent
Taking domain for Conservation purposes the Cooke land located off
Massachusetts Avenue in the amount of $6,000, as authorized under
Article 63 of the 1971 Annual Town Meeting
Lex Rep Vice Chairman Battin read a letter from the Middlesex County
Middlesex Advisory Board regarding the appointment of a representative of
County the Board of Selectmen to serve on the County Advisory Board
Advisory Upon motion duly made and seconded, it was voted to reaffirm
Board the appointment of Mrs Mary W Miley as the representative of
the Board of Selectmen and the Town of Lexington on the Middle-
sex County Advisory Board
Appt Vice Chairman Battin asked the Board for recommendations to
Sewer fill the vacancy existing on the temporary Sewer Advisory Committee
Advisory Upon motion duly made and seconded, it was voted to appoint
Committee Mr Richard J Rycroft, 9 Rockville Avenue, a member of the Sewer
Advisory Committee
Revolutionary Vice Chairman Battin asked Mr Hutchinson for a recommenda-
War Hero tion on the request from the Minuteman Chapter of the Sons of the
Grave Plaque American Revolution to plant a special S A R brass marker on the
grave of Hammond Reed, a Revolutionary War hero who is buried in
the old Colonial Cemetery in back of the Unitarian Church
Mr Hutchinson had no objection and recommended that the
Sons of the American Revolution representative contact Mr Richard
Spiers, Cemetery Superintendent, to work out the details for the
ceremony on July 9, 1977
The Board agreed
Mr Bailey informed the Board of the number of calls he has
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Selectmen's Meeting May 31, 1977
receivedpiledBrush
from concerned citizens about brush still being by
many in front of their homes Those who are inquiring are the Violations
people who have taken their own brush to the dump He pointed
out that tremendous fire hazards are created because of those
who put it out in the street What, if anything, will the Town
do about it?
Mr Hutchinson replied that he had also been receiving com-
plaints It was reported today that a boy was injured today in
trying to avoid brush left on the street, this was not Town
brush as neighbors had seen it being dragged from the backyard.
We have to ask people to be responsible for their own We have
about 75% of the Town done but people are still dragging it out
from their backyards to the street We are still arguing with
people about it and eventually, because of operational restraints,
we will get to it
Mr Busa said that people are taking advantage of the situa-
tion by clearing out their yards He recommended that it be pub-
licized that a citation for littering will be given to violators
Mrs Miley agreed and stated that people should be responsi-
ble for the area in front of their homes School children have
to walk around the brush and it is dangerous
Mr Hutchinson said that if it is possible to prove, we will
Ill
move against the people and even consider moving against neighbor's
complaints
Upon motion duly made and seconded, it was voted 4-0 by roll Executive
call vote to go into Executive Session for the purpose of dis-
cussing strategy with respect to collective bargaining, with no
intention of resuming the open session
After discussion, it was voted to go out of Executive Session
and adjourn at 8 40 p.m
A true record, Attest
Executive Clerk, Selectme