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HomeMy WebLinkAbout1977-04-25-BOS-min 426 SELECTMEN'S MEETING April 25, 1977 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, April 25, 1977 at 7 30 p.m. Vice Chairman Battin, Mr Buse, and Mrs Miley; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present. Conduit - Vice Chairman Battin opened the hearing on the petition of the NBT&T Co New England Telephone Company to install approximately 108 feet of underground conduit in Bedford Street and Pine Knoll Road. Notices of the hearing were sent to abutters shown on the petitioner's plan and also filed with the Public Works Department Bedford St Mr Roland Pinault was present as the representative of the (Pine Knoll Telephone Company and stated that the petition is for the purpose Road) of tying in underground to the feeder that goes up to Pine Knoll Road and eliminate wire crossing on Bedford Street This will give the opportunity to remove some of the existing wires This will all be within the Town layout We have applied for a state permit for 47 feet of state highway Vice Chairman Battin read a report from Mr John J McSweeney, Director of Public Works/Engineering, that his department had re- 111 viewed the location and recommended that permission be granted subject to all work being done by hand on Pine Knoll Road in order to eliminate damage to an existing split rail fence and, also, that the Telephone Company must receive a permit from the State Depart- ment of Public Works Vice Chairman Battin asked if anyone was present in favor or in opposition? Mrs Mary Lippincott, 4 Pine Knoll Road, complained about the work done by the Telephone Company at her property She said that it was sloppy, with rocks thrown around and grass destroyed, and wondered what will be done Mrs Battin asked Mr Pinault if he could remedy the condition to her satisfaction? Mr Pinault replied that it is the responsibility of the Tele- phone Company to have a contractor come in and restore the area. Mr Hutchinson informed Mrs Lippincott that if she is dis- satisfield with the work of the Telephone Company, she should con- tact the Town Manager's office Mr Pinault agreed to look into the matter and resolve it to Mrs Lippincott's satisfaction No one else appearing in favor or in opposition, Vice Chairman Battin declared the hearing closed Upon motion duly made and seconded, it was voted to grant per- mission to the New England Telephone Company for the following loca- 427 Selectmen's Meeting April 25, 1977 tion ion underground conduit, to all work beingdone byhard gx' subject on Pine Knoll Road in order to eliminate damage to an existing split rail fence, and a permit being received by the Telephone Company from 'the State DPW for the portion of State highway Bedford Street on the easterly side, from existing manhole (Pine Knoll Rd. ) #54/116 located approximately 41'+ north of Pine Knoll Road, southerly 41"+ thence norti- easterly 67'+ to existing pole 217/1, appro) i- mately 108'+ of conduit. Vice Chairman Battin opened the hearing on the petition of tIe Conduit - New England Telephone Company to install approximately 31 feet of NET & T Co underground conduit in Winter Street from Bedford Street. Winter St Notices of the hearing were sent to abutters shown on the petitioner's plan and also filed with the Public Works Department. Mr Roland Pinault was present as the representative of the Telephone Company and stated that the petition is for the purpose of tying into the underground network to meet service requests in the area of Drummerboy Way 'Vice Chairman Battin read a report from Mr John J McSweenel , Director of Public Works/Engineering, stating that his department had reviewed the location and recommends that permission be granted No one appearing in favor or in opposition, Vice Chairman Battin declared the hearing closed Upon motion duly made and seconded, it was voted to grant per- mission to the New England Telephone Company for the following loca- tion of underground conduit Winter Street from existing manhole #54/514 located on the easterly side approximately 345'+north of Bedford Street, westerly to existing pole 149/4, approximately 31'+ of conduit Vice Chairman Battin opened the hearing on the petition of the Conduit New England Telephone Company to install approximately 175 feet oi' NET & T Co underground conduit on Bedford Street north of Vaille Avenue Bedford St Notices of the hearing were sent to abutters shown on the Vaille Ave petitioner's plan and also filed with the Public Works Department Mr Roland Pinault was present as the representative of the Telephone Company and stated that there is existing conduit in the sidewalk and, because of some crossing, the area will be restored in condition The conduit will come from the existing manhole at Vaille Avenue to the Mystic Valley Mental Health building for the purpose of increasing and updating the service Vice Chairman Battin read a report from Mr John J McSweeney, Director of Public Works/Engineering, stating that his department had reviewed the location and recommends that permission be grantEd 428 Selectmen's Meeting April 25, 1977 subject to the condition that the existingsidewalk be replaced with J p a minimum of two inches of stone dust, graded and compacted. No one appearing in favor or in opposition, Vice Chairman Battin declared the hearing closed Upon motion duly made and seconded, it was voted to grant per- mission to the New England Telephone Company for the following loca- tion of underground conduit, subject to the condition that the exist- ing sidewalk be replaced with a minimum of two inches of stone dust, graded and compacted Bedford Street on the westerly side, from existing manhole #54/156 located in the sidewalk area approxi- mately 32'+ north of Vaille Avenue, southerly to private property #186 Bedford Street, approximately 175'+ of conduit J/O Pole Vice Chairman Battin read a petition from the New England Tele- Lowell St. phone Co and the Boston Edison Co for approval of joint ownership of pole #9/34 located on Lowell Street south of Fairlawn Lane, currently owned by the Telephone Co Mr Roland Pinault was present as the representative of the Tele- phone Company and explained that the Boston Edison Company has re- quested to buy in on the pole This is a normal procedure but ap- proval of a joint grant of location must be given Upon motion duly made and seconded, it was voted to grant per- 111 mission for joint ownership of pole 9/34 to the New England Tele- phone Company and the Boston Edison Company at the following loca- tion Lowell Street on the easterly side, approximately 691+ feet south of Fairlawn Lane, one pole #9/34 Treasurer Mr Louis A. Zehner, Town Treasurer, met with the Board to recommend the acceptance of the low bid submitted by New England Merchants Bank at 2 00 percent to renew a note for $355,000 which is due on May 2, and a note for $407,000 which is due on May 3, 1977 Upon motion duly made and seconded, it was voted to approve the recommendation of Mr Louis A. Zehner, Town Treasurer, to accept the low bid of 2 00 percent from the New England Merchants Bank to renew notes in amounts of $355,000 and $407,000 pending receipt of funds for the bond issue scheduled for sale May 3, 1977 and dated June 1, 1977 Hanscom Mr Allen Kenney, Lexington's representative on the Hanscom Task Force Task Force, met with the Board for a brief updating on the committee, which he said is approaching a point of fruition, and to invite the Selectmen and Town agencies to attend a public hearing on Hanscom Field to be held in Estabrook Hall on May 10 He explained that the Hanscom Task Force was established by Governor Sargent in July, 1974, and was comprised of representatives of groups from surrounding towns At that time, the Air Force was turning over the field it- self to Massport, and it was strongly felt that local and civic 429 Selectmen's Meeting April 25, 1977 should have a groups voice in the way Massport operated at Hanscom. Mr Sanborn Brown, Lexington Selectmen at the time, was the first chairman and he did an excellent job in getting the group organized and running Some of the original members are still on the commi-tee, which meets once or twice a month The Task Force asked Massport for 4ndepth studies to be made on policy decisions, and they pre- sented certain scenarios under which certain policy decisions were made'on what would happen in and around the field The Lexington Sele4tmen adopted policy decisions regarding the position of the Townson Hanscom Field in February, 1975 and reaffirmed them in June, 1976. The Board of Selectmen voted on February 10, 1975 to adopt the foll¢wing position regarding Hanscom Field 1 Lexington accepts the fact that Hanscom Field will re- main an airport 2 We oppose the use of Hanscom Field for commercial aviation 3 We oppose any changes in general aviation which would result in more frequent flights or noisier types of aircraft 4 We oppose any extension of the existing airfield and runways, or of the total airport property '5 Land uses around the perimeter of the airfield itself must be compatible with uses in neighboring towns Access by road or public transportation should be planned in cooperation with the towns 6 We urge both those responsible for airport operation and those responsible for the operation of aircraft to work diligently to reduce noise and other pollu- tion resulting from present use Mr Hutchinson asked what the number of flights is now? Mr Kenney replied that they were something over 200,000 The field is capable of expanding to 320,000 and, beyond that, that, they will not build new runways It is the concensus of the Task Force that'- (1) Massport should impose a night curfew (this is not too difficult as there are not many night flights) ; (2) the use of rotary-type aircraft be allowed as they are not as noisy and as a_r pollutant as other crafts; (3) to urge a ban on jets and planes over 12,500 lbs Mr Kenney added that, with the effect on the military and because there has not been a complete economic study made, he pers$nnaly, would be wary of falling in line with item three Hearings have been scheduled in April and May in Burlington, Concord and Lincoln and dates will be set for hearings in Bedford and at Hanscom Field. Mr Kenney urged that all attend the Lexington hearing on May 10 for input from citizens, civic groups and Town officials on a brief snyopsis to be presented by the Task Force on what''the Speas Study has indicated, and what policy decisions and 1 recoxhmendations might be made to Massport 43U Selectmen's Meeting April 25, 1977 Mrs Battin, Mrs Miley, and Mr Busa will attend, and it was agreed to invite all interested Town agencies Mr Kenney retired from the meeting Auditing Mr Hutchinson recommended that the Board appoint a committee Committee to bring back recommendations on selecting an independent auditor for the Town. After discussion, the Board agreed to appoint Mr Hutchinson, Town Manager; Mr Perry, Comptroller; a representative of the Appropriation Committee; Mrs Battin and Mr Bailey representing the Board of Selectmen; Mr Cohen, Town Counsel Building Mr Hutchinson read a recommendation of Mr Donald K. Irwin, Permit Building Commissioner, for a change in building permit fees Fees Upon motion duly made and seconded, it was voted to approve the recommendation to establish Building Permit Fees, under Chapter 802 of the State Building Code, at a minimum of $5 00, with an additional fee of $2 00 per $1,000 valuation over $5,000 00, with the current base of $5 00 remaining the same Mr Hutchinson was requested to check with surrounding towns on fees charged for all permits and to come back to the Board with recommendations on all fees for the Town of Lexington Transfer - Mr Hutchinson recommended that the Board approve a request Veterans' for a transfer of $6,000 to Veterans' Benefits Account Upon motion duly made and seconded, it was voted to request the Appropriation Committee for approval of a transfer from the Reserve Fund to Account 7200-Veterans' Aid and Expenses, in the amount of $6,000 Mr Hutchinson informed the Board that he is in the process of reviewing the entire situation regarding transfer requests, and it is a bleak situation because of increases in so many areas Ice Cream Mr Hutchinson asked for direction from the Board concerning Vendors the current policy of prohibiting the sale of ice cream from mobile units within the Town He pointed out that there is difficulty in enforcement because persons have obtained a permit from the state for hawkers and peddlers Mr Busa said that vendors with a state license have every right to go throughout the Town except within the areas already prohibited within 200 feet of Mass Avenue and parks and playgrounds He recommended that the Town petition the Legislature for a revi- sion in the By-Laws to cover it At the present time, we cannot prohibit the vendors from coming into Lexington The Board agreed to take the matter under advisement regarding the possibility of having an article in the 1978 warrant regarding ice cream vendors In the meantime, there is no change in the current policy of the Board. 43_l Sele4tmen's Meeting April 25, 1977 It was agreed to discuss on May 2, Mr Hutchinson's recommenda- tion concerning an easement on Bacon Street 1Mr Hutchinson submitted a recommendation from Mr McSweeney Sidewalk that no damages be awarded for temporary sidewalk construction Easements easements on Mass Avenue Mass Ave Upon motion duly made and seconded, it was voted to approve Clarke & the recommendation that no damages be awarded to property owners Muzzey involved in temporary construction easements to be used for the construction and alteration of the sidewalk on the southwesterly side of Massachusetts Avenue between Clarke and Muzzey Streets Mr Hutchinson recommended an amendment to the Traffic Rules Traffic and Orders for no parking on Simonds Road from Bedford Street to Regulation Harding Road A report from the Traffic Safety Committee was Simonds Rd reads stating that the Engineering Division was asked by the Police Parking Department to investigate the matter and it was found that, due to the narrowness of Simonds Road with vehicles parked on either or both, sides, frequent "false calls" are sent to the signal con- troller by vehicles leaving the intersection Conversely, on many occasions, vehicles approaching the intersection swing out to pass parked vehicles and miss the detector This situation leaves the driver "lost" in the interesection, facing a red indication con- trolled by a device that does not know he is there The Committe,a feels that no parking on either side is justified, and it is recom- mended to institute this regulation Upon motion duly made and seconded, it was voted to amend tha 1 Traffic Rules and Order of Lexington by adding to Article V, Section 2, Schedule 1, the following Type Location Side From To YP Parking Simonds Road Both Bedford Street Harding Road No Parking 1 M Hutchinson informed the Board that Mr McSweeney has been Inflow/ notified that the application for a federal grant for an Inflow/ Infiltration Infiltration Study has been approved for $52,856 The first phase Grant for Hayes Lane will cost $80,000 IThe Board approved a request for a bike-a-thon Permit Upon motion duly made and seconded, it was voted to approve a request for a bike-a-thon to benefit the Mass Cystic Fibrosis Foundation to be held on Saturday, June 4, 1977, starting at 2 OC p m. In response to a request from the MVMH Area Board, Vice Chairman MVMH Battin read a letter from Mrs Renee Cochin recommending Mr Bayles Nominees and Ms Tutun as candidates for appointment to the Board of Directors Upon motion duly made and seconded, it was voted to nominate Mr Richard E Bayles, 19 Wyman Road, and Ms Margot M. Tutun, 19 Tyler Road, as candidates for appointment to the Board of Directors of the 4 3`2 Selectmen' s Meeting April 25, 1977 Mystic ValleyHealth Center Association, Inc Y Brucchi's Mr Busa discussed the hearing he had conducted in the Select- Chickens - men' s Meeting Room on Wednesday, April 20, 1977, on the written corn- Dogs plaint of Mr John D. Brucchi, 63 Paul Revere Road, that an unknown dog or dogs had killed several of his checkens in June, 1976 At the hearing, Mr Brucchi claimed that he had lost 15 chickens but a report from Assistant Dog Officer Burdge was read, stating that "his survey of the area on June 10, 1976 showed a total of four dead chickens, the approximate weight being between five and seven pounds " Mr Busa recommended that Mr Brucchi request the County to reimburse him for the loss of four chickens Mrs Miley recommended that the County reimburse Mr Brucchi Upon motion duly made and seconded, it was voted that it is the decision of the Board of Selectmen, as a result of a hearing held on April 20, 1977 concerning the written complaint of Mr John D Brucchi that an unknown dog or dogs had killed several of his chickens on June 10, 1976, that the County be requested to reimburse Mr Brucchi for the loss of four chickens Rosenthal Dog Vice Chairman Battin read a formal complaint from residents for a hearing on a dog owned by Mrs Rosenthal of 126 Grant Street Upon motion duly made and seconded, it was voted to make arrange- ments for a hearing on a convenient Wednesday morning on the formal complaint against the dog owned by Mrs Rosenthal of 126 Grant Street. 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 Allen C Lannom, 35 Webster Road Governor Vice Chairman Battin read a letter from Governor Dukakis in Dukakis - response to the resolution passed at the 1977 Town Meeting against Binding the continuance of the binding arbitration law after the trail period Arbitration ending June 30, 1977 Governor Dukakis expressed his own concern for solving the conflict between public employees' unions and local governments, and citied his proposal to limit binding arbitration to cases where the state's labor relations commission found municipal officials to be bargaining in bad faith The proposal would also limit the scope of binding arbitration to the issues of wages, fringe benefits, hours By his proposal, Governor Dukakis stated that this compromise would fulfill the state's commitment to the law by insur- ing fair treatment to union officials while allowing municipalities to control their agencies effectively Mrs Battin added that municipal associations are in support of the Governor's compromise, and we have contacted major boards, TMMA, Respresentatives and Senatorial aspirants to work towards strengthening the Governor's proposal 433 t Sele oren s Meeting ?5 1977 � April ' ,Upon motion duly made and seconded, it was voted 3-0 by roll Executive call vote to go into Executive Session for the purpose of discuss. Session ing strategy with respect to litigation, and a personnel policy matter ,After discussion, it was voted to go out of Executive Session and resume the open meeting Vice Chairman Battin informed the Board that a request has been Permit received for a change in the date previously approved for the LEA Rideta-Bike on May 1, 1977 Upon motion duly made and seconded, it was voted to approve .he request to conduct the LEA Ride-A-Bike to benefit the Massachuset.s Association for Retarded Citizens on Sunday, May 15, 1977 Mr Hutchinson informed the Board that he, Mr McSweeney and Bedford St Mr chalpin, Traffic Engineer, had checked out the proposal by Traffic Rep. Amick to alleviate traffic conditions on Bedford Street at the Hartwell Ave jughandle After a meeting with the Transporation Committee this week, he will submit recommendations to the Board at the May 2 meeting Mr Hutchinson advised the Board that resumes of the applicants for the position of Fire Chief will be reviewed by the end of May or the first part of June Upon motion duly made and seconded, it was voted to adjourn ,5.t 9 35 p.m. A true record, Attest Executive Clerk, Selectmen n . V