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HomeMy WebLinkAbout1976-08-16-BOS-min 1T SELECTMEN'S MEETING August 16, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, August 16, 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, Di- rector of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present At the request of the Town Clerk, six jurors were drawn Jurors Robert Hills, Jr , 20 Percy Road Stanley Chao, 26 Fairlawn Lane Perry Rollins, 14 Peachtree Road Larry G Trebino, 33 Blake Road, Donald Doremus, 74 Webb Street May E Rosmarin, 5 Fessenden Way The Board congratulated Miss Anne Warner, 546 Concord Avenue, for Lexington her participation in the bronze medal award to the U S Women's Olympic Olympic Crew, and presented her with a citation from Governor Dukakis and a Winner Lexington Bicentennial Plate Mr O'Connell informed the Board that the Supreme Judicial Court Unions has ruled against the Town of Arlington on four counts, Violation of Home Rule Amendment of the Constitution, unconstitutional delegation of legislative power to private individuals, contravention of the "one-man, one-vote" principle under the United States Constitution, and violation of the General Laws regulating the conduct of municipal finance He felt that this decision will have a major impact on municipal bargaining Unions are going to take encouragement in using the binding arbitration method of resolution instead of good faith bargaining, rather than as an alternative to striking, as intended by the act Recent State experience confirmed that illegal strikes are an effective bargaining tool for unions The combination of these two events strengthens labor's power considerably Mr O'Connell advised the Board that the Attorney General had not 1976 approved Article 73 as he had legal questions concerning the $4,000 Art 73 minimum bid requirement being inconsistent with two other sections in Bids the law Town Counsel wants to pursue this and, if necessary, will come back to Town Meeting Mr O'Connell recommended that the Board approve a request for a Bike-a-thon bike-a-thon Upon motion duly made and seconded, it was voted to grant permission to the American Cancer Society for the annual bike-a-thon to be held on September 19, 1976, subject to the rules of the Police Department Mr O'Connell discussed the new Federal Public Works Bill and the 1.76 Selectmen's Meeting August 16, 1976 Federal possibility of funds being obtained by the Town for special projects Public It was agreed that Mr O'Connell is to attend the conference in Works Bill Boston on August 31 and to come back with additional information Board of Mr O'Connell informed the Board that Dr Ellicott is making plans Health to leave Lexington and, therefore, will be unable to continue to serve on the Board of Health We are looking into a replacement Chairman Kassler I am very sad that we are losing Dr Ellicott; it will be very difficult to find another one like him The Board agreed Conduit Chairman Kassler opened a hearing on the petition of the Boston Bos Edson Edison Company for the installation of conduit and a manhole on Bedford Bedford & Street, northwest of Hartwell Avenue Hartwell Notices were sent to abutters, as listed on the petitioner's plan, and also filed with the Public Works Department Chairman Kessler read a report from the Director of Public Works/ Engineering recommending that approval be granted for the new location; previous approval of a different location of the manhole and conduit had been granted on June 30, 1975 Mr Pratt, representing the Boston Edison Company, explained that his company had run into traffic problems with the previous location and this is a petition for a new location No one being present in favor or in opposition, the hearing was declared closed. Upon motion duly made and seconded, it was voted to grant permis- sion to the Boston Edison Company for the following location Bedford Street, approximately 40 feet northwest of Hartwell Avenue, a distance of about 125 feet-Manhole and Conduit Bedford Street, approximately 70 feet northwest of Hartwell Avenue, a distance of 42 feet-Conduit Bedford Street, approximately 130 feet northwest of Hartwell Avenue, a distance of 15 feet-Conduit Bedford Street, approximately 130 feet northwest of Hartwell Avenue, a distance of 75 feet-Conduit Hamilton Mr O'Connell informed the Board that the Town has received $27,355 Rd Sewer from the Federal Government for funds due on the Hamilton Road sewer; an Reimburse- equal amount is due from the State ment The Board discussed the request from the Board of Selectment of the Town of Lincoln for permission to dispose of pumped septage in the M.D C sewer at some designated place in Lexington's system Lincoln A report from Mr McSweeney, Director of Public Works/Engineering, Septage recommended against approval being granted because of our own problems with an overloaded system. He pointed out that Bow Street has now be- come "the" place for dumping the increased sewage and the Town has to end up cleaning and maintaining it He pointed out that we are now mon- itoring and limiting it, which comes under our agreement with M D C He 177 Selectmen's Meeting August 16, 1976 had talked with Lincoln and had explained that they should find a feasible way to tie into the M D C system, and the logical route would be on the Lincoln-Lexington adjacent to Forbes Road Mr Bailey felt that Lincoln had as much right to make a deal with M.D C. as we do, and all they have asked for is a conduit He agreed that the line should not go all the way to Bow Street and place a burden on our weak link, but suggested that because Waltham is to the west, perhaps Lincoln should pursue that avenue Upon motion duly made and seconded, it was voted that Mr McSweeney is to inform the Town of Lincoln of the full cooperation of the Town of Lexington by arranging a meeting with officials of Lincoln to discuss the request to enter Lexington's sewer system to dispose of pumped septage Chairman Kassler read a report from the Traffic Safety Committee rec- Meriam St ommending approval of the request from the Chamber of Commerce to re- Parking install eleven meters in the municipal parking lot near Meriam Street Lot Meters along the railroad tracks, with the understanding that if a subsequent review shows a definite improvement in the operation of the lot, these meters are to remain in that location Upon motion duly made and seconded, it was voted to approve the rec- ommendation of the Traffic Safety Committee to re-install eleven parking meters in the Meriam St parking lot Mrs Miley informed the Board that she had spoken to Mr McSweeney Traffic- about a review by the Traffic Safety Committee of the traffic situation Center in the central district, especially the problem of triple parking in front of the Post Office Chairman Kassler The Planning Board did that in 1974 and we could ask them to look at it again The Board agreed Chairman Kassler read a request from the Post Office for the use of Cary Hall Cary Hall for a ceremony to dedicate plaques inscribed with the names of Lexington citizens who served during 1775-1781 Upon motion duly made and seconded, it was voted to grant permission to the U S Post Office to use Cary Hall from 10 00 a m to 11 00 a m. on any one of the following suggested dates October 21, November 5, or November 30, 1976 Chairman Kassler read a request from the American Foundation for the Cary Hall Science of Creative Intelligence to use Cary Hall on September 21, 1976 from 3:00 p m. to 5 00 p m , subject to payment of the custodian's fee Chairmanssler recommended commended that the Board set the polling hours State for the State Primary and to sign the Warrant Primary Upon motion duly made and seconded, it was voted to set the polling Warrant hours of 7 00 a m. to 8 00 p m. for the State Primary to be held on September 14, 1976 Upon motion duly made and seconded, it was voted to sign the Warrant for the State Primary on September 14, 1976 178 Selectmen's Meeting August 16, 1976 Cokorogianis Mr Busa informed the Board that he had conducted the dog hearing Dog Hearing on August 11 on the written complaint of Mr and Mrs Russell, 10 Barrett Road, against the German Shepherd named Linus, owned by Mr and Mrs George Cokorogianis of 8 Barrett Road Testimony was given by both the owner and the complainant and it was felt that there was a lack of evi- dence and complaints other than from the Russells The owner agreed to purchase a dog training collar and to keep the dog in for longer periods Upon motion duly made and seconded, it was voted to write to Mr and Mrs George Cokorogianis, 8 Barrett Road, informing them that after investigation and examination under oath at the dog hearing held on Wed- nesday, August 11, 1976, the Board of Selectmen has determined, by the evidence presented, that the dog named Linus is not a nuisance by reason of excessive barking However, they are reminded of their agreement to purchase a bark training collar and to keep the dog in for longer periods Visitors' Chairman Kessler read a request for the grounds in front of the Center Visitors' Center for a Crafts Fair Upon motion duly made and seconded, it was voted to grant permission to the Lexington Theatre Co for the use of the grounds in front of the Visitors' Center for a Crafts Fair on September 11, 1976, subject to the rules of the Public Works and Police Departments Town Report Chairman Kessler recommended that the Board appoint the members of the 1976 Town Report Committee He reminded the Board that he had asked them to consider the concept of reduced scope and delivery of the Town Report, not to each household as the custom is now, but to consider having copies at fire stations, police station, and the Town Hall Mr Bailey and Mr Busa agreed that any changes should be discussed with the Town Report Committee before a decision is made by the Board Mrs Battin informed the Board that TMMA had come to the Board of Selectmen about 10 years ago because they felt very strongly that all citizens and TMMA members should receive a copy of the Town Report The Board agreed to appoint the members of the Town Report Committee and request that they work with the Town Meeting Members Association and report back to the Board of Selectmen on the proposal to reduce the scope and delivery of the 1976 Town Report Upon motion duly made and seconded, it was voted to appoint the following members of the 1976 Town Report Committee Mr Hal Singley, Chairman, Mrs Edith Cheever, Rev Harold T Handley, Mr Richard W Hoover, Mr John E Taylor, Mr Louis A. Zehner, Chairman Emeritus T 0 B Mr Kenneth Briggs, Planning Director, and Mr Donald Irwin, Building Space Commissioner, met with the Board Mr Briggs presented a plan of proposed changes in the location of offices on the lower level of the Town Office Building, which included the Planning Board, Building Inspection, Conservation, Recreation, and Board of Appeals Mr Briggs pointed out that the plan, as submitted, would create a larger area to be used for meetings of all departments involved The Board approved the plan for the relocation of offices on the lower level of the Town Office Building 179/ Selectmen's Meeting August 16, 1976 Chairman Kessler read a requestone-day1-day for a liquor license 1 day Upon motion duly made and seconded, it was voted to sign the one- Liquor day liquor license for a benefit dance at St Brigid's Kennedy Hall on License Monday, August 23, 1976, from 8 p m. to 12 00 Midnight, at a fee of $25 00 The Board discussed the vacancy on the Minute Man National Histori- Min Man cal Park Advisory Committee due to the resignation of Mr Donald Nickerson Nat'l Upon motion duly made and seconded, it was voted to nominate Mr Park Comm Roland B. Greeley for appointment by the Secretary of the Interior as Member a member of the Minute Man National Historic Park Advisory Committee Chairman Kessler informed the Board that a representative of the Mrs Miley- Selectmen is needed to work with the Planning Board and the Conserva- Meagherville tion Commission to take action and/or report to the 1977 Town Meeting Article 47 on 1975 Article 47 regarding Meagherville lots Upon motion duly made and seconded, it was voted to appoiit Mrs Mary W Miley the representative of the Board of Selectmen at scheduled meetings with representatives of the Planning Board and the Conservation Commission regarding action on 1975 Article 47 Mrs Miley abstained Upon motion duly made and seconded, it was voted to approve the Water recommendation of the Director of Public Works/Engineering to abate water bills in the amount of $134 55 Upon motion duly made and seconded, it was voted to have the first Bel 's Sept Selectmen's meeting in September on Monday, September 13, 1976 Meeting Upon motion duly made and seconded, it was voted to appint Mrs Acting Mary W Miley the Acting Chairman of the Board of Selectmen from Chairman August 27 through Labor Day, September 6, 1976 Upon motion duly made and seconded, it was voted to authorize the Bond Chairman to sign the bond for Assistant Treasurer Doris Barclay in the amount of $37,000 Chairman Kessler read a request from Mr McSweeney for his appoint- Sewers ment as the representative of Lexington on coordinating the projects for Federal Aid- Federal grants Moon Hill, Upon motion duly made and seconded, it was voted to appoint Mr Crescent Rd John J McSweeney, Director of Public Works/Engineering, as the repre- I-I Analysis sentative of the Town of Lexington for the purpose of coordinating the projects for Federal aid. the Inflow-Infiltration Analysis, the Moon Hill Road area sewers, and the Crescent Road area sewers Chairman Kessler read a request from the State DPW Traffic Engineer, Meriam St District #4, for approval of traffic regulations on Meriam Street under Traffic the provisions of Chapter 90, Section 18 of the General Laws Regulations Upon motion duly made and seconded, it was voted to approve the 180 Selectmen's Meeting August 16, 1976 special speed regulations s No 2066 on Meriam Street, that the follow- ing speed limits are established at which motor vehicles may be operated in the areas - Meriam Street-Northbound ending at Adams Street, the total dis- tance of 0 86 miles, and Meriam Street-Southbound ending at Massachusetts Avenue, the total distance of 0 86 miles Executive Upon motion duly made and seconded, it was voted, 5-0 by roll call Session vote, to go into Executive Session to discuss strategy with repect to collective bargaining and litigation and a Town employee After discussion, it was voted to go out of Executive Session and resume the open meeting Acting The Board discussed an Acting Town Manager Town Upon motion duly made and seconded, it was voted that it is the in- Manager tention of the Board of Selectmen to designate Mr Richard M Perry as Acting Town Manager as of September 15, 1976 Upon motion duly made and seconded, it was voted to table the appointments to the Appointment Criteria Committee until a September meeting Upon motion duly made and seconded, it was voted to adjourn at 11 30 p m. A true record, Attest Executive Clerk, Selectmen