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HomeMy WebLinkAbout1977-05-23-BOS-min P, 404 SELECTMEN'S MEETING May 23, 1977 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, May 23, 1977, at 7 30 p.m. Vice Chairman Battin, Mr Bailey, Mr Busa, and Mrs Miley; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel, Mrs McCurdy, Executive Clerk were present At the request of the Town Clerk, the following jurors were Jurors drawn Ralph E Longobardi 10 Utica Street Sara S Cook 9 Sunny Knoll Avenue Mary E Devoe 14 Winthrop Road Charles B Robinson 22 Fairbanks Road Robert Ansell 12 Peacock Farm Road Steven E Cox 64 Garfield Street Mr Richard John, Senior Guide, introduced James Lyons, candi- Guides date for appointment as an official guide, and recommended the re- appointment of nine guides Mr John explained that due to the illness of Rev Handley, Director of Guides, only one applicant has passed his examination He offered his services in administering the examinations to other applicants and suggested that he might have to enlist the assistance of one or two other senior guides The Board expressed appreciation to Mr John for his willing- ness to take over during Rev Handley's absence Upon motion duly made and seconded, it was voted to authorize Mr Richard John, Senior Guide, to assume the responsibility during the absence of the Director of Guides and to administer the examina- tion to applicants to make recommendations to the Board of Selectmen regarding appointments and reappointment of Official Guides Vice Chairman Battin welcomed James Lyons and congratulated him and the other guides upon their appointment Because of their im- portance as Official Guides, she pointed out that many times they are the first contact that tourists may have with the Town of Lexington Upon motion duly made and seconded it was voted to appoint James Lyons, 12 Chase Avenue, and to reappoint the following as Official Guides of the Town of Lexington Ann Carroll 8 Peacock Farm Road Richard Gerrig 44 Eldred Street Richard John 19 Saddle Club Road Claudia Sauermann 14 Russell Road Jeffrey Spencer 32 Hancock Street Richard Sutton 337 Winthrop Road Peter Miller 46 Eldred Street Frederick Hagedorn 17 Fiske Road 458 Selectmen's Meeting May 23, 1977 Planning Vice Chairman Battin read a letter from Mr Hayg Boyadjian Board - and copies of petitions to the Planning Board from residents of Alexander the Fern Street area requesting the Planning Board not to approve Estates the proposed Alexander Estates subdivision because of the traffic Subdivision hazards involved The residents felt that Fern Street is dangerous and unsafe in its present condition and the Planning Board has not asked the opinion and advice of the Traffic Safety Commission and the Street and Sidewalk Design Advisory Committee Mrs Battin advised that a decision on a subdivision is made by the Planning Board and not the Board of Selectmen She and the Town Manager had discussed it and the only thing the Selectmen could do about it would be to make available to the Planning Board the advice of our two technical committees, the Traffic Safety Committee and the Street and Sidewalk Design Advisory Committee After discussion, the Board agreed to write to the Planning Board Upon motion duly made and seconded, it was voted that a letter be written to the Planning Board offering a suggestion that, if requested, the technical expertise of the Traffic Safety Committee and the Street and Sidewalk Advisory Committee could be made avail- able to the Planning Board concerning the impact on the area on the proposed Alexander Estates subdivision Mr Boyagjian was present at the meeting and said that the Planning Board is only dealing with the subdivision and not with what happend in the future He asked who is responsible for the problems that develop because of the subdivision? Vice Chairman Battin replied that Mr Bailey has pointed out that traffic problems and roads are the Selectmen's responsibilities Mr Baileysaidthat if the request comes to us, we would ask our technical advisory committees for a solution and, if funding is required, we would have to go to Town meeting for funds to do whatever is required It is after the fact that the problems seem to be ours Mr Hutchinson said that he had attended the Planning Board hearing and it is entirely feasible that the Traffic Safety Committee could say that they agree that the roads and walks are substandard The Planning Board, in its legal function, could allow the subdivi- sion to go in There are a number of legal ramifications which the Planning Board members are sensitive to However, they might have no choice but to allow a bad situation to compound itself Mr Boyadjian retired from the meeting Traffic Vice Chairman Battin read a report from the Traffic Safety Com- Signals- mittee stating that notification has been received from the State Waltham & Department of Public Works that our application for funds for the Worthen Rd traffic signals at the intersection of Waltham Street and Worthen Road had been denied However, $25,000 had been approved by the 1976 Town Meeting for the installation, and it is recommended that 49 Selectmen's Meeting May 23, 1977 the contract be let out Upon motion duly made and seconded, it was voted to approve the recommendation of the Traffic Safety Committee to let the con- tract for the installation of traffic signals at the intersection of Waltham Street and Worthen Road Vice Chairman Battin read a report from the Director of Public Curbing- Works/Engineering recommending that the request from Mrs Mary H Mass Ave Green, 2195 Massachusetts Avenue, for the installation of curbing on Massachusetts Avenue from Cedar Street to Lake Street be con- sidered in the next budget process Upon motion duly made and seconded, it was voted to approve the recommendation to include the installation of curbing and reconstruction of the sidewalk on Massachusetts Avenue from Cedar Street to Lake Street in the FY 79 budget process Vice Chairman Battin read an annual request from the State De- Permit partment of Mental Health, Region III, for permission to use the Park Drive turning circle at the end of Park Drive Upon motion duly made and seconded, it was voted to grant per- mission to the State Department of Mental Health, Region III, to use the turning circle at the end of Park Drive for pony rides from 10 30 a m. to 12 00 Noon on June 7, 1977 Vice Chairman Battin read a request for the use of Buckman Permit- Tavern grounds Buckman Tavern Upon motion duly made and seconded, it was voted to approve Grounds the request of the Lexington Field and Garden Club for the use of the Buckman Tavern grounds for the annual plant sale on Wednesday, June 1, from 10 00 a.m to 12 00 Noon Mr Busa discussed the hearing held on May 18, 1977 on the dog Rosenthal owned by Mrs Marilyn Rosenthal of 126 Grant Street The owner did Dog Hearing not attend the hearing but three of the complainants were present and, although they were sympathetic because the dog is handicapped, their sympathy ceases when the barking continues throughout the early evening and sometimes during the early morning hours when the dog is let out The nuisance is not as bad during the day when people are busy at home or at work It is recommended that the Selectmen write to the owner and request that she restrain the dog after 9 00 p.m , equip the dog with a restraining collar, which Mr Littleton, Animal Control Officer, has recommended at previous dog hearings, and request that Mrs Rosenthal reimburse the Town for the $16 00 kennel fee incurred when the dog was last picked up During Mr Littleton's conversations with her, Mrs Rosenthal in- dicated that she might be receptive to his suggestion that he find a home for the dog Upon motion duly made and seconded, it was voted to inform Mrs Rosenthal of the following decision of the Board 46() Selectmen's Meeting May 23, 1977 "Upon complaint wr ting in i to the Selectmen of the Town of Lexington concerning a dog, "Cindy," owned and kept by you at 126 Grant Street, Lexington, the Selectmen have investigated such complaint, including an examination on oath of the complainants on May 18, 1977, and it is the finding of the Board of Selectmen that we find just cause for the concerns expressed by the com- plainants We, therefore, order that your dog is to be kept under the following restraints 1 Restrain the dog after 9 00 p.m 2 Equip the dog with an anti-bark training collar 3 Impoundment fee of $16 00 owed to the Town of Lexington must be paid If the above conditions are not complied with within thirty (30) days after receipt of this letter, we will request Mr Littleton, Animal Control Officer, to find a new home for the dog " Special Vice Chairman Battin requested the Board to sign the Warrant for Election June 21, 1977 June 21 Upon motion duly made and seconded, it was voted to sign the Warrant for the Special Election of a State Senator on Tuesday, June 21, 1977 Memorial The Board agreed to accept the invitation from the Town Celebra- Day tions Committee to participate in the parade and ceremony on the Activities Green on Memorial Day, May 30, 1977, at 10 00 a.m. Vice Chairman Battin will read the Proclamation at the ceremony Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meetings held on February 22, April 13, and May 2, 1977 Sanitary Mr Hutchinson discussed the sanitary landfill and stated that Landfill this is the most pressing item that the Town is dealing with A hearing will be held on June 6 to show cause why the landfill shouldn't be closed, and representatives of the Board of Selectmen, administration, and citizens' committees will attend It cannot be understated that the landfill is a very serious headache to the Town and, hopefully, the State will work with us We have had an extensive effort going on and, by closing on Wednesdays, we feel that this will give us one day of maintenance, which we need We are working on some things and we feel that those, plus our recycling efforts, should generate some response to the positive efforts that the Town is undertaking Mr Bailey and Mrs Miley agreed to represent the Board at the hearing on June 6 in Tewksbury Housing Mr Temple Scanlon, Director of the Lexington Housing Authority, Authority-HUD met with the Board to request approval of an application to HUD for financial assistance for 85 dwelling units of low-rent public housing 461 Selectmen's Meeting May 23, 1977 in the Town of Lexington Upon motion duly made and seconded, it was voted to authorize the submission of an application by the Lexington Housing Authority to the Secretary of Housing and Urban Development 1 That the Lexington Housing Authority hereby determines that within its area of operation there is a need for low-rent housing to meet needs not being adequately met by private enterprise 2 That the Executive Director shall cause to be prepared and the Chairman shall sign and send to the Secretary of Housing and Urban Development an application for financial assistance for (a) Eighty-five (85) dwelling units of low-rent public housing to be provided by new construc- tion, or by acquisition, or by acquisition and rehabilitation of existing housing Upon motion duly made and seconded, it was voted to sign the following resolution 1 That there exists in the Town of Lexington a need for such 111 low-rent housing which is not being met by private enter- prise; 2 That the application of the Lexington Housing Authority to the Government for a preliminary loan in an amount not to exceed $17,000 for surveys and planning in connec- tion with low-rent housing projects not to exceed approxi- mately 85 dwelling units is hereby approved. Upon motion duly made and seconded, it was voted to sign the Co-operation Agreement between the Lexington Housing Authority and the Town of Lexington to endeavor to secure a contract with the Government for loans and annual contributions covering the project of approximately 85 units of low-rent housing and to develop or acquire and administer such project to be located with the corporate limits of Lexington Mr Scanlon informed the Board that he had recently met with the HUD Chairman and there is the possibility of getting another funding On the application which is now being filed, he had re- ceived a telephone call from Congressman Tsongas' office offering whatever assistance is needed HUD had informed Congressman Tsongas that Lexington had a very high rating and they are pleased with our past performances Mr Scanlon thanked the Board of Selectmen and Town Meeting members for their support throughout the years The Board discussed the Lexington Housing Authority's request Tax Tittle to extend the moratorium to May 31, 1978 on the sale of Town-owned Moratorium 462 Selectmen's Meeting May 23, 1977 lots included on the list of the Lexington Housing Authority and the Planning Board as being suitable for scattered sites and mod- erate income housing Mrs Miley said that after her discussion with Town Counsel, she would move that the Housing Authority's request for an exten- sion of the moratorium to May 31, 1978 on the sale of tax title lots be approved, with the provision that other interested groups with similar aims may be able to purchase such lots Mr Busa objected as he felt that the moratorium should be for the Housing Authority for one year certain and, after that, if the Housing Authority does not wish to have the lots, it could be opened up to other parties who are interested in purchasing them Mrs Miley said that it is her feeling that there may be a possibility that some group in town might somehow get some funding that might not necessarily be there for the Housing Authority It is unlikely that this will happen but would just leave the door open in case it does Mr Bailey asked if it was the intent of the motion that who- ever gets there first with the same objective, which is to make the parcels available for low or moderate income housing, should have the opportunity to purchase the parcels first? Mrs Battin said that her understanding of the motion is that it is not necessarily who gets there first, but the option is that the Selectmen still make the decision and, if another group come in, we would probably in all fairness ask the Housing Authority also This proposal would make it available to more groups Mr Bailey replied, fine, because the moratorium is something the Board could revoke at any time Mrs Battin said that this gives us more chances of using it if an appropriate group had the opportunity offered them if they had the money Mr Busa said that he hoped that if some other organization believed they had funding that they would get together with the Housing Authority Mrs Battin stated that if they haven't talked with the Hous- ing Authority before they come to us, we could mandate that they converse with them before a decision is made by the Selectmen Mr Bailey seconded Mrs Miley's motion Mr Scanlon questioned the motion as he believed that the enabling Town Meeting motion provided that the lots would be conveyed to the Housing Authority at less than market value He didn't know if they would be conveyed another agency at less or fair market price Mr Cohen read from the motion, " conveyed to any other person or corporation approved by the Housing Authority " He thought that it could mean to any other public agency or non- profit organization It was mutually agreed that the request would have to be approved by the Lexington Housing Authority � b:3 Selectmen's Meeting May 23, 1977 Mrs Miley added that if the intent of the motion is that the Selectmen are the ones that will make the decision on whether to sell the tax title lots, so it is dependent upon the Selectmen's vote Upon motion duly made and seconded, it was voted to extend the moratorium to May 31, 1978 on the sale of Town-owned lots, with the provision that other interested groups with similar aims may be able to purchase such lots This moratorium applies to lots which are included on the list of the Lexington Housing Authority and the Planning Board as being suitable for scattered sites and moderate income housing It is still the policy of the Board that other lots are eligible to be sold on an individual merit basis and, when requests are received, Town agencies will be contacted for recommendations before a de- cision is made by the Board The Lexington Housing Authority retired from the meeting Mr Hutchinson discussed water system problems The Town of Bedford- Bedford has a continuing water problem which ties in with the Burlington- sewer problems Lexington has; even the landfill ties into the Lexington Town of Burlington water problem Bedford is making efforts but Water is in a rather difficult situation As the Selectmen know, they had given authorization to sell water to Bedford on a temporary basis but they will be back again with a formal request at a later time The multitude of problems are also tied in with the MDC We are trying to be good neighbors by helping them out but Bedford must continue to work towards their own solutions as we cannot afford to compromise the Lexington water system, and the major capital effort that the Town of Lexington has put into its own system Bedford is empathic and is working with the MDC and on expanding their own system but they are also having some problems on well expansion A meeting is being set up for Boards of Selectmen to meet and discuss a mutual approach and to work to- gether in a cooperative spirit The Board agreed to attend the joint meeting with the Burling- ton and Bedford Boards of Selectmen to discuss alternatives to possible solutions to the difficult water situation Mr Hutchinson informed the Board that he will bring back Inflow/ next week a request to execute a contract with Whitman & Howard Infiltration on the Inflow/Infiltration Study In addition to a federal grant, Study it is estimated that we will have to spend $6,700 of our own funds which are already authorized Mr Hutchinson announced that Representative Cole had called State Aid him today to say that of the $30 million budget for additional aid to cities and towns which had come out of the Ways and Means Com- , mittee, $85,000 will be allocated to the Town of Lexington 4(a4 Selectmen's Meeting May 23, 1977 Mr Busa commented that the Governor is not going to approve it and, therefore, the Town would have to find other means of getting $85,000 Transfers Mr Hutchinson informed the Board that with the previously approved transfers and estimated transfers to be approved, we will wind up with approximately $20,000 However, there are still storm expenses and overtime to be credited to the remaining $20,000, and he felt that it will be a photo finish against the $150,000 originally in the reserve fund He agreed to submit to the Board justification on upcoming requests for transfers Mr Hutchinson had no immediate answer to the question of how much the storm of May 10 cost the Town Middlesex The Board agreed that Vice Chairman Battin and Mrs Miley County would complete the questionnaire received from the Middlesex Selectmen's County Selectmen's Association regarding topics to be discussed Association at meetings of the Association Mrs Battin informed the Board that meetings held within the past year had been most interesting and some of the topics in- cluded the growth policy development plan, court reform, and a meeting with legislators to talk about local concerns Mrs Miley said that we have a grave problem with the County budget, and we could suggest that the Chairman of the Middlesex County Advisory Board be a guest speaker at one of the Associa- tion's meetings Mrs Battin agreed Executive Upon motion duly made and seconded, it was voted 4-0 by roll call vote to go into Executive Session for the purpose of discussing strategy with respect to litigation and one matter involving a personal reputation After discussion, it was voted to go out of Executive Session and adjourn Upon motion duly made and seconded, it was voted to adjourn at 8 30 p m A true record, Attest 3)c Executive Clerk, Selectmen