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HomeMy WebLinkAbout1976-09-13-BOS-min 185 SELECTMEN'S MEETING September 13, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, September 13, 1976 at 7 30 p m Chairman Kassler, Mr Bailey, Mr Busa, Mrs Battin, Mrs Miley; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Director of Public Works/Engineering, Mrs McCurdy, Executive Clerk were present. On behalf of the Board, Chairman Kassler acknowledged that this is Town the last official meeting for Mr O'Connell as Town Manager He expressed Manager the thanks and appreciation of the Board for his many years of good ser- vice and hard work in the difficult position as the first Town Manager of Lexington He presented Mr O'Connell with a Lexington Bicentennial plate and said that, although it is a small token of appreciation, with it go many good wishes of the people of Lexington Chairman Kassler said that the Board voted on August 16 the inten- Acting tion of appointing Mr Richard M. Perry as the Acting Town Manager, as Town of September 15, 1976, which is the last day that Mr O'Connell is Manager officially the Town Manager He recommended that the Board vote to ap- point Mr Perry and requested that Board members be present when Mr Perry is administered the oath of office by the Town Clerk on Wednesday morning All Board members agreed to be present on September 15, 1976 Upon motion duly made and seconded, it was voted to appoint Mr Richard M. Perry the Acting Town Manager of Lexington, effective September 15, 1976 Chairman Kassler read a request for a high school parade permit Parade Upon motion duly made and seconded, it was voted to approve the re- Permit quest for a football parade permit on September 18, October 2, October 16, November 6, 1976 at 12 45 p m. and to request Chief Corr to make arrangements for a cruiser escort on each day Chairman Kassler read a request from the Lexington Golf Club for an Lex Golf extension of hours of operation on Wednesdays from 6 00 p m. to 8 00 p m. Club - Mr Busa explained that Wednesday is the busiest day at the Golf Club Liquor Upon motion duly made and seconded, it was voted to approve an ex- License tension in the hourse of operation, under the Club liquor license, of the Lexington Golf Club on Wednesdays to 8 00 p m Chairman Kassler read a request from Chadwick's for an earlier open- Chadwick's ing of the restaurant, from 11 00 a m. back to 6 00 a m. Hours Upon motion duly made and seconded, it was voted to approve the hours of operation, under the Common Victualler's license, for Chadwick's, 903 Waltham Street, from 6 00 a m. to 11 00 p m 186 Selectmen's Meeting September 13, 1976 Appt -Bd Mr O'Connell informed the Board that the Board of Health recommends pp a a , of Health and he concurs, that Dr Michael S Erdos be appointed a member of the Board of Health, replacing Dr Ellicott Mr Miley asked if there were any other people recommending as to their preference? Mr Bailey felt that Dr Erdos was well qualified Chairman Kassler agreed Upon motion duly made and seconded, it was voted 4-0 to approve the recommendation that Mr O'Connell appoint Dr Michael S Erdos a member of the Board of Health to fill the unexpired term of office to April 30, 1979 Mrs Miley abstained H2033 Mr O'Connell discussed House Bill 2033 for food stamps to be sold Food in City and Town Treasurers' offices throughout the State An informa- Stamps tional hearing is to be held on September 16 and there is time to contact our legislators to go on record as opposing it Mr Bailey- Is it a mandate that they be sold at Treasurers' offices? Mr O'Connell It is a method by means of broadening the base 'of mak- ing food stamps available Mrs Miley This is in addition to other sources? Mr O'Connell Yes This would make it legally permissible It raises the question where it might become a Town matter, such as con- ducting a Town business Mrs Miley- I assume there is no profit to the Town Chairman Kessler I must admit that I have no strong feelings on this subject Based on not knowing what the intent is, I am concerned to support something I don't fully understand Maybe there are indica*, tions here that aren't evident I, for one, am not ready to say I am going to strongly oppose it because I don't understand it fully at this time Mr Bailey moved and Mr Busa seconded a motion to take a position opposing House Bill 2033 Upon motion duly made and seconded, Mr Bailey and Mr Busa voted in favor of opposing House Bill 2033 and Chairman Kessler, Mrs Battin and Mrs Miley voted in the negative Mr Bailey That indicates support for the legislation and I think you ought to clarify your final vote Chairman Kassler, Mrs Battin and Mrs Miley voted in the negative, pending additional information on the intent of House Bill 2033 Pub Works Mr O'Connell discussed the Public Works Employment Act of 1976 and Unemployment recommended that the Town not go forward on the preparation of an appli- Act of 1976 cation because - 1 Unemployment rate Lexington would fall in the 30% instead of 70% funds' group, and the so-called official rate of about 6% on a national pool basis, which would be the lowest priority group The odds are 500-1000 to 1 for total funding 187 Selectmen's Meeting September 13, 1976 II III 2 Project ranking We would lose on the unemployment factor as the money will flow to a few projects from high unemployment areas 3 Project eligibility The 90-day period from approval to hiring is very important, as a project which can't demonstrate in its appli- cation that it could advertise for bids in 45 days would be rejected for not meeting the 90-day requirement Lexington has nothing even near that status 4 Other requirements Environmental impact will be a consideration If citizens' groups raise questions which could not be adequately answered at the time, then the project would get an unfavorable score Mr O'Connell I am recommending that the capital budget planning and review process be used to generate potential projects, but only those which would represent a high priority town need, which would be funded at some time, should be considered and assessed in early 1977 on a ready-to- go basis; then proceed to complete the engineering with local funds ob- tained in the capital budget Mrs Miley I believe we received a communication from the Mass League of Cities and Towns whereby the application has to be made by November 1, after a Town Meeting Would that be 1977? Mr O'Connell It refers to the 90-day hiring clause; when you make application, you have to prove you are ready in 45 days to go out to bid Chairman Kassler Our chances of success do not seem to warrant the effort IIIMr O'Connell Yes, plus the unemployment factor comes into it in terms of project rating The Board approved Mr O'Connell's recommendation not to proceed with the application for the Public Works Unemployment Act Mr O'Connell reminded the Board of the bids received on the instal- Munroe lation of the Munroe School Traffic Signal Sch Traf Chairman Kassler We have Mr McSweeney's list of possible cutbacks Signal and we could look at the entire matter of the capital budget next week It was agreed to table the matter of bids on the Munroe School traffic signal for further discussion next week Mr O'Connell submitted the monthly report from the Police Depart- Police went on towing of the 42 towing assignments, Bob's received 18; Mal's Towing received 11; B & R received 13 Mr O'Connell informed the Board of his intention to recommend for Permanent appointment, or Mr Perry to appoint, Mr James Scanlon, 66 School Street, Building to the Permanent Building Committee He is a professional and would make Committee an especially fine contribution to the Committee Also, Mrs Edith Appointment Levine, an interior decorator, is recommended for your consideration Chairman Kassler I think Mr Scanlon is an excellent choice but, as long as I have been a member of the Board, we have tried to let each other know about appointments at least a week in advance This is the first 111 time I have seen either Dr Erdos or Mr Scanlon before us They are excellent choices but, in the future, it is the Board's choice not to vote 188 Selectmen's Meeting September 13, 1976 on a name brought up on that evening Mr O'Connell I understand your point but I think the Board under- stands the closing out of my services, and this is not an appointment ap- proved by the Board NOTE Mr Scanlon was appointed by Mr O'Connell on September 14, 1976 Cassidy-DPW Mr O'Connell recommended that the Board approve Mr McSweeney's re- Sick Leave quest for an extension of 30 days' sick leave for Robert Cassidy, DPW employee, subject to repayment. Upon motion duly made and seconded, it was voted to approve an ex- tension of 30 days' sick leave for Mr Robert Cassidy, DPW employee, subject to repayment Oneida Mr Cohen recommended that the Board approve the request of the Con- Order of servation Commission to take by eminent domain the land owned by Oneida Taking Corporation and located off Winchester Drive, as approved by the 1966 Annual Town Meeting under Articles 81 and 83 The problems have all been resolved and this acquisition completes Town ownership of Whipple Hill Mr Cohen requested the Board to sign the Order of Taking Upon motion duly made and seconded, it was voted to approve the re- quest of the Conservation Commission, and to sign the Order of Taking by eminent domain the land owned by Oneida Corporation, which is located off Winchester Drive, containing 4429 square feet, at the agreed price of $3,321 75 Use of The Board discussed the establishment of a policy on the use of the Battle Battle Green Green Chairman Kassler Some time ago, someone asked me what my feeling was about political speeches on the Green, and I thought that would be great Last week, we got a request for a local political rally on the Green and I thought I didn't want it but after thinking it over, I felt that perhaps I was right the first time Either this is the place for free speech and we are going to allow freedom of expression on the Battle Green, or not Then, someone objected to a couple of youngsters throwing frisbees and I asked myself if the Green is a place for people just to sit or to have kids throw them around? I open it up for anybody who wishes to comment as I think it is time for discussion, and I welcome the chance to bring it before the community During a lengthy discussion, the following opinions were expressed Mrs Battin felt that, under freedom of expression, the Green ought to be used for political speeches; concerts, games, etc ought to be judged individually on size, traffic, police protection, and the use of the neighborhood If outsiders want to use the Green, somebody locally should bear the costs of protection and cleanup Mr Bailey and Mr Busa agreed to refer to Town Counsel for clarifi- cation of the Battle Green By-Law and a legal opinion on conditions to be used in establishing a policy on the use of the Green. Mr Robert Kent also agreed to referral to Town Counsel Mrs Emily Frankovich recommended freedom of speech and assemblies without restrictions 189 Selectmen's Meeting September 13, 1976 Mr Roger Trudeau expressed the opinion that anyone has the constitu- tional right to assemble anywhere provided it is in a quiet and orderly manner and no violation of the laws Chairman Kessler did not agree that there should be a public sponsor He felt that it is the Town's responsibility to make sure that anything is done in an orderly and peaceful manner He said that we have the facility and the authority to take care of it The question is, "If he sets up and is quiet, does he really need a permit?" Mr O"Connell pointed out that restrictions were put on the use of the Green in 1970 He had looked into federal regulations and the National Park Service operates under them but still grants a permit in which they limit the size, that it be orderly, and requests a time schedule; then you don't have an after-the-fact by having a candidate come at 11 00 a m. on Sunday with microphones A permit does not allow the right to do what the law prohibits The Board agreed to refer the matter to Town Counsel for clarification and a legal opinion on the use of the Battle Green Mrs Renee Cochin met with the Board to discuss the Mystic Valley Choate Health Clinic and the Choate Hospital Hospital- Mrs Cochin In January, the Choate Hospital and the Mystic Valley MVMH Clinic entered into an affiliation agreement to establish a comprehen- sive community mental health center, to become effective when a federal grant was received Part of the agreement was that the Hospital agrees that its adult inpatient psychiatric unit will be an essential element of the Mystic Valley Comprehensive Community Mental Health Center The catchment area is comprised of Arlington, Burlington, Lexington, Winchester, Woburn, and Wilmington, which has recently been added In May, 1975, a 10-year federal grant of over $4 million was awarded provided essential services are provided On May 10, 1976, Choate Hospital served notice of termination of the agreement, invoking a clause which allgws either party to terminate 120 days after notice This notice be- mimes effective September 2 and it places the funding in jeopardy since tie federal government has the power to withhold funding or withdraw the grant in those circumstances The reasons given by Choate Hospital were (1) the intensity of interagency conflicts between the Center and the Hos- pital; (2) to better define the boundaries between the two agencies We have not been successful, and the Department of Mental Health has not been successful, in resolving the problem, so a group of ten citizens, who are members of the area board and the association, took another action and petitioned the Public Health Council to speak on the application for a certificate of need for a satellite clinic in Wilmington it is the right of citizens to speak when a certificate of need is applied for We do not mean to be vindictive but we do have serious questions about the suitability of Choate Hospital to be the provider of those health services, based on our experience with the Hospital Lexington, as well as other towns, have quite a say in the continuation of Mystic Valley services The Town has received the services many times and has indicated its support of the health center Many citizens have received services, 190 Selectmen's Meeting September 13, 1976 111 the school system receives consultation services, and nursing homes I am sure that the Town has a large say and you, as the Town, could write to the Department of Public Health, expressing the concern of the Town for the continuation of the needed services and to ask them to do whatever is in its power to see that our affiliation is not cut off Mr Bailey I feel that the action taken by the separate group was to achieve their own ends The Town of Wilmington is being denied because of this particular conflict I have been exposed to the other side of the story and I don't know which is right or wrong We are placed in the position of having extensive hearings and I am reluctant to get this Board tied up at this time until we get all the facts Mrs Battin Negotiations have broken down and it seems that the only way for negotiations to go on would be to write letters to the other towns to see if they might intercede and ask them to get back to the bar- gaining table Mr Bailey Mrs Cochin asked us to take a position Mrs Cochin Perhaps there is some misunderstanding I don't ask you to take sides The concern of the Area Board is that there negotation be- tween the Hospital and Center That is what we want We did not ask that certificate of need be denied We asked for negotation as we have an area of 165,000 people and our concern is for continued services, and that we get the parties together Mrs Miley I feel at a loss because I have not heard from the other IIIside, and perhaps Mr Bailey could help us to get in touch with the others Mr Bailey I do not have a direct line Mrs Battin Mr Bailey has a justifiable point to hear the other side I suggest that we write to the other towns and arrange a joint meet- ing to determine why and how negotiations have broken down and how they can be successfully reinstituted. Mrs Bailey had no objection Mr Busa Your reports are questionable as to 165,000 people and how many people are being serviced I would like the State Auditor to c in and look at the books As for your reference to nursing homes, I woof' like a copy of site visiting reports On Mystic Valley Mental Health Clinic, I said five years ago that we are buying a monster; it should be consolidated back to a counselling factor When state and federal funds dry up, the five towns will be responsible for it I would like to see the scope of MVMH Mrs Cochin We will give you an audit, which was made last year, site visiting and other available reports Upon motion duly made and seconded, it was voted that the Board of Selectmen write to the five (six) Mystic Valley towns to recommend that we schedule a joint meeting of our respective Boards and Boards of Health, with representatives of the Mystic Valley Area Board, Choate Hospital, and the Regional Office of the Department of Mental Health in order to determine why and hownegotiations have broken down and how they can be successfully reinstituted, subject to the understanding that MVMH submits to the Board an audit and site visiting reports In addition, the Lexing- ton Board of Health is to submit a report on Choate Hospital/Mystic Valley111 191 Selectmen's Meeting September 13, 1976 Health Clinic Upon motion duly made and seconded, it was voted 5-0 by roll call Executive vote to go into Executive Session for the purpose of discussing strategy Session with respect to collective bargaining After discussion, it was voted to go out of Executive Session and resume the open meeting Chairman Kassler read requests from the Pilgrim Church for a bake Permits sale and from -the Krebs School for a School Fair on their grounds Upon motion duly made and seconded, it was voted to grant permis- sion to the Pilgrim Congregational Church for a bake sale on the Visi- tors' Center grounds on Saturday, October 2, 1976, from 10 00 a m. to 2 00 p m. The Board had no objection to the Krebs School having a School Fair on their grounds on September 19, 1976 Chairman Kessler read a letter of resignation from Mr Bogen Resigna Upon motion duly made and seconded, it was voted to accept with Traffic regret the resignation of Mr Herbert L Bogen as a member of the Safety Traffic Safety Committee. Mr Bogen had explained that it was not possible for him to attend mid-morning meetings of the Committee during the week, especially Tues- day mornings when meetings are scheduled. The Board suggested that Mr McSweeney might arrange early morning or evening meetings of the Traffic Safety Committee Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meeting of August 25, 1976 Chairman Kessler read a request from Mr McSweeney to sign better- Sewer & ment assessments Sidewalk Upon motion duly made and seconded, it was voted to sign the fol- Betterments lowing betterment assessments - Sewer Appletree Lane, Banks Avenue, Bates Road, Carriage Drive Coach Road. Sidewalk Grant Street, Tewksbury Street Chairman Kassler read a request from W R. Grace for a 1-day special W R.Grace liquor license Special Upon motion duly made and seconded, it was voted to sign the 1-day Liquor special liquor licenses for retirement parties on September 23 and License October 20, 1976, with a fee of $25 00 each, to be conducted by the W.R. Grace Recreation Association The Board discussed a request from Mr Theodore Rose, Athletic Min.Man Director of the Minuteman Regional School, for Town Surveyors to sur- Reg School vey their game fields so that they would be of regulation size Game Fields 192 Selectmen's Meeting September 13, 1976 Upon motion duly made and seconded, it was voted to assist the Minuteman Regional School by surveying game fields, subject to the stipulation that pertinent information be submitted to Mr McSweeney on a layout plan, location and number of field layouts, type of fields, time schedule involved. Appointment Chairman Kassler requested the Board to discuss Mrs Battin's rec- Criteria ommendations on the charge to the Appointment Criteria Committee members Committee when they are appointed. Upon motion duly made and seconded, it was voted that the Appoint- ment Criteria will consist of seven members, who will consider all appointments made by the Board of Selectmen, and make recommendations on the length of terms, staggering of terms, holding of more than one office, and action by each committee on continued absenteeism. Chairman Kassler As I see it, this will be an on-going committee for about a 2-year job and we will ask them to set the criteria and to work out what qualifications they think should be set I hope we can all agree on a set of public standards Upon motion duly made and seconded, it was voted to table until September 20 the appointments to the Appointment Criteria Committee Kanter Mrs Battin informed the Board that she and Mr Cohen had met with Bushnell Dr Mr Kanter and he asked if it was absolutely necessary to take his ease- Waltham St ment from Bushnell Drive to Waltham Street Perhaps we should refer it Easement to the Traffic Safety Committee to see if it was necessary Upon motion duly made and seconded, it was voted to request the Traffic Safety Committee to evaluate the discontinuance of the right-of- way between Bushnell Drive and Waltham Street because of the installation of traffic signals at Waltham Street and Worthen Road. Mr Kanter was present and questioned the vote Chairman Kassler We are asking a panel of experts to look at the situation as you requested If you will look at the minutes of the Town Meeting, that decision was reached in full open session at the Town Meet- ing We, at the time, thought it was simple and straightforward, and then you came to us and we now put it in the hands of the proper authori- ties Mrs Battin suggested it be given to the Traffic Safety Committee and ask them to take another look and come back to the Board You have the option of looking into the Town Meeting vote Fall Clean- Mr Buse informed the Board that residents had talked to him about up Day the untidiness of the streets in Lexington and the appearance of some areas has become deteriorated. We have worked on a proclamation and it is requested that the Board proclaim a Lexington Awareness Day Upon motion duly made and seconded, it was voted to proclaim October 2, 1976 as Lexington Awareness Day PROCLAMATION WHEREAS the Bicentennial year is a most appropriate time to take action to renew a sense of pride in our community and I 9 3 Selectmen's Meeting September 13, 1976 11 WHEREAS in the past several years, the appearance of some areas of the town have become deteriorated, including some of the parking lots, public and individual properties, and WHEREAS with the increase in population of the town, it has become more difficult for the town government to maintain public property in perfect condition and WHEREAS if we want to keep our town a beautiful place in which to live without placing an added burden on our tax rate and WHEREAS the Board of Selectmen desires to make our townspeople increas- ingly aware of our environment and of what each individual can do to improve it, and if every resident would take care of his property or adjacent areas, without any residents, just by pick- ing up the litter and cutting the grass, it would help make our town more beautiful THEREFORE, BE IT RESOLVED, that the Board of Selectmen of the Town of Lexington declares October 2, 1976 as LEXINGTON AWARENESS DAY Upon motion duly made and seconded, it was voted 5-0 by roll call Executive II/ vote to go into Executive Session to discuss strategy with respect to Session litigation and, also, the reputation of a person. After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 11 45 p m. A true record, Attest. )),_ a-) (r= -• Executive Clerk, Selectmen I _ _