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HomeMy WebLinkAbout1976-05-17-BOS-min 92. SELECTMEN'S MEETING May 17, 1976 11/ A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, May 17, 1976, at 7 30 p m. Chairman Kassler, Messrs Bailey and Busa, Mrs Battin and Mrs Miley; Mr O'Connell, Town Manager; Mr McSweeney, Director of Public Works/Engineering; Mr Cohen, Town Counsel (8 30 p m.) ; Mrs McCurdy, Executive Clerk, were present Transfer Mr O'Connell informed the Board that requests for five transfers Requests from the Reserve Fund have been discussed with the Appropriation Commitee and the approach taken was that they would approve amounts to pay cur- rent bills so that the balance in the Reserve Fund could be protected. The Appropriation Committee would have a later review of the balance of the requirements Upon motion duly made and seconded, it was voted to request approval of the Appropriation Committee for transfers from the Reserve Fund to Account 5250-Town Buildings-Maintenance in the amount of $10,000 5450-Road Machinery in the amount of 5,000 5550-Traffic Reg & Street Signs in the amount of 2,000 5600-Street Lights in the amount of 8,000 5700-Sewer Maintenance in the amount of 7,000 Appt - Mr O'Connell requested approval of the Board reappointment of Dr Board of Charles E Ellicott Health Upon motion duly made and seconded, it was voted to approve the reappointment by the Town Manager of Dr Charles E Ellicott as a member of the Board of Health for a term expiring April 30, 1979 Perm.Bldg Mr O'Connell publicly announced his intention to reappoint Mr Committee Robert V Whitman a member of the Permanent Building Committee Model Mr O'Connell discussed a request from a Winchester father and son Rocket to launch a rocket in Lexington The Town may permit the launching of Launching model rockets, subject to the Rules and Regulations of the Department of Public Safety under Chapter 148, ss 9A and 10, but permission is needed for the launching site Under these requests, it would be possi- ble for the Town to allow Lincoln Street recreation area As a sugges- tion, the Board might indicate a willingness to authorize the recreation department to allow model rocket launchings at Lincoln Street, subject to individual requests A permit must be obtained from the Fire Chief Mr Busa. Under whose supervision are these rockets to be launched? Who will make sure that the rocket is the one the permit is issued for, and who will be iiable if the rocket explodes? Mr O'Connell If Town Counsel says so, we might be able to hold the Town harmless The Recreation Director could do it; his regula- tions could prescribe that a person over 21 years is held accountable; an adult will have to be there 9 Selectmen's Meeting May 17, 1976 111 Mr Busa Fine, but I would still like clarification of liability Mr O'Connell If Town Counsel says so I am saying that the State has drawn up a good set of regulations Chairman Kassler Do we and should we have to adopt the State regu- lations as our own? Mr O'Connell We don't have to vote to adopt them. Mr Busa also expressed his apprehension about home-made rockets Mrs Miley• I am curious to know if Winchester allows these rockets Does the man want to set it off in Lexington because it is not allowed there? Mr O'Connell With exception of this case, I would say only Lexing- ton residents be permitted - but he got misinformation that Lexington allows it His son did his homework and I was impressed. The policy would be for Lexington residents only Mrs Miley I am not concer ed about Winchester but wondered if Winchester had a reason not to al ow it Upon motion duly made and se onded, it was voted to grant permission to a Winchester resident to reque.t approval of the Recreation Committee to launch a model rocket at the L_ncoln Street recreation area, and then to obtain a permit from the Fire Department Mr O'Connell informed the Board that the ambulance/rescue vehicle Ambulance was purchased from J R. Tucker, omerville, for $21,500, including the Purchase , Ill trade-in of our ambulance We wi 1 take delivery at the factory This price enables us to have the Town s share towards the State grant for radio equipment and medical acces ories Mr O'Connell discussed further complaints from residents of Barring- Bus Parking ton Road and Mass Avenue about the problem of tour buses in the area Battle Lgst year it was not felt to be severe enough to go forward to get more Green off-street parking by putting up igns Does the Board wish to have the Traffic Committee take an updated look at it? Mr Bailey Last year, we e couraged them to go behind the four churches Mr O'Connell It was not e fective as we couldn't get the message to drivers not having been here b fore It was suggested that the Traffic Committee put up one or t signs, and get drivers to register at the Visitors' Center We don' think they are unwilling to do it Chairman Kassler We were g ing to ask some of the Guides to try and get to some of the drivers to Mr O'Connell We had some . esults The Board agreed to request the Traffic Safety Committee for an up- dated report on bus parking around the Battle Green Mr O'Connell asked the Board's feeling about the present policy Ice Cream regarding ice cream vendors in Lexington Vendors The Board agreed to maintain the policy of not issuing permits for mobile vehicles to sell ice cream products in Lexington 94 Selectmen's Meeting May 17, 1976 Towing Mr O'Connell reported on the status of the towing policy The Policy Police Department has added B & R Towing to the list Bob's Towing had 25 calls; Mal's had 11; B & R had 3 It is my feeling that it is too early to judge what the impact will be Chairman Kassler When did we specifically request that B&R be put on the list? Mr, O'Connell It is in the minutes of March 29, 1976 Chairman Kassler- So we have the report for the full month of April Mr O'Connell I don't think B & R was put on immediately Chairman Kassler We also said that others should be informed about asking to be on the list Mr O'Connell It is my impression that the Chief is trying to work out a transition plan so there would not be a negative effect on other towers and they should have a reasonable time to adjust The March 29 minutes said that the Chief should work B & R into rotation in what he feels is a fair and equitable manner Chairman Kassler It would be my understanding that we wouldn't be held to 30-30-30 or 100-100-100 and would just know that everyone would get a fair share Mr Busa I raised that point as to whether 3 to 1 or 2 to 1 is fair, and the minutes would show that it was not insisted upon by this Board to put it in, "Everyone in Lexington to qualify with the same equitable and fair rotation " If the Town gets into the policy of fair and equitable, and to take it out of the Police Department, then fair and equitable is for every company Chairman Kassler I don't think anyone disagrees We have only three on our list Mr Busa. The minutes show that B & R is to be looked into and, as the Chief said, Rowe Chevrolet is qualified but he couldn't use them, and so was Pete's There is a list compiled of companies that are qualified Mrs Battin We set up critieria in the fall and B & R did qualify, and it would be fairly distributed to all companies The distribution read by Mr O'Connell didn't seem fair over a period of time. Mr O'Connell Is it the intent of the Board that (1) Those who qualify would be added to the list; (2) Over a reasonable period of time, by a method worked out by Chief Corr, the intent would be that they would each share a proportionate amount of the towing services needed over that period Mr Busa Am I hearing that we are going to ask that anyone who qualifies is to be put on that list? Chairman Kassler The policy says that anyone who requests to par- ticipate and that Chief Corr feels qualifies, will be put on the list. If it get out of hand and unworkable, we will have to review the Town's towing policy Mr Busa The Chief was specific when he said that if you dilute towing services among too many companies, then services will be brought down to a lower level Mrs Miley As of now, we have three companies who apparently fit 95 Selectmen's Meeting May 17, 1976 thequalifications I agree with11and 3 calls g Mrs Battin that 25, are not equitable Is it possible for the Chief to have some standards set up on workable numbers? Chairman Kessler It would be far fairer than over a 6-months' period. I don't see how a business could be run that way It is diffi- cult if, over a 6-months' period, he might get one-third but would not know when he would be called I would suggest that it not be as loose Mrs Miley Arlington uses rotation on a definite time frame and it seems more efficient than over a 6-months' period Companies will be called at certain times Chairman Kessler This is not the policy we left with the Chief We left it with him to work out a system Mrs Miley A rotation? Chairman Kessler I would 1_ke to refer the matter back to Mr O'Connell and Chief Corr as my feeling is that one month is not enough time, especially when he indicate a transition period; that he expedite that Mr Raymond Piantedosi, owne of B & R Towing Approximately two and a half years ago, I was accep_ed and did have adequate equipment I was requested to obtain permits from the Board of Appeals by Sgt Lima to comply with his rules and regulations for towing My equip- ment capability is more than sufficient and I have kept men on I have been on the list of the State Pol.Lce for a great deal of time I have had those permits for 25 cars and never have had vandalism problems nor run-ins with the police DPU and all Police Departments have no com- plaints, nor have they had, and I feel from my original letter to the Chief to put B & R on the list that the transition is more than suffi- cient, plus I requested a review of this approximately midway through March of last year I feel that C am sitting in a corner with nowhere to go If a man in the departmen._ can't make a decision, something must be wrong I have been keeping mei on and if they call me for a flat tire, I go I have to reserve thea additional equipment in case I get calls I did get calls and gave food service If I don't keep the equipment, it could be a disaster area. I have to have someone say, "O.K., now I can use you." I have complied and feel I have come to the end of my rope Chairman Kessler The Board recognizes your concerns Mrs Batten Can we really direct the Chief to develop a workable system over one month's period of time? If not, are we, the Board, to adopt a system? Chairman Kessler I think w=_ did that Mrs Battin We didn't have a deadline Chairman Kessler We did direct the Chief and he asked for time, and he deserves it One month is not satisfactory and if we indicate that we would like to see the figures change, I don't think we should right now. Mr. Buse Is he to increase the list of qualified towers in Lexing- ton if they qualify? Is it up to his judgement? Chairman Kessler; Yes, based on standards we set He also is to give 96 Selectmen's Meeting May 17, 1976 B & R Towing sufficient business and, for anybody looking at it, to see that they are getting fair and equitable treatment As of now, we have three on the list, and the Board has indicated that they be treated fairly and equitably Mr Busa That' s not so Chairman Kassler to Mr O'Connell How many people on the list? Mr O'Connell It is my understanding that he is treating only those three for sharing the Town's business Others share when there is an opportunity for the owner of a car to call or they ask the police to call a particular one The Board agreed that Mr O'Connell is to talk with Chief Corr regarding the transition period of implementing the towing policy Federal Aid Mr O'Connell read a report from Mr McSweeney, Director of Public Application Works/Engineering, that the State has recently lowered the eligibility Moon Hill - requirements for Federally aided water pollution control projects to Crescent Rd include sewer laterals Since the time that this information became Sewers public in late April of this year, the engineering division has been investigating the possibility of Lexington taking advantage of the 90% funding available under this program. It now appears possible that certain projects may be eligible and we are therefore requesting per- mission to proceed with eligibility determinations and step 3 grant applications The two projects that we specifically have in mind are the Moon Hill Road area sewers and the Crescent Road area sewers. Other projects appear to have a number of drawbackswhich might elimi- nate them from eligibility; however, we would still recommend that they be submitted for a determination This program is not without stipulations, some of which may cause some modifications to existing policies The major stipulations are as follows 1 The Town shall not collect betterments in excess of the Town share of the project costs (10%) (Presently the Town assesses better- ments at about 50% of the project costs in accordance with State Stat- ute This may require a special act of the Legislature to change the method of assessment ) 2 More than one-half of the houses to be services must be connected prior to issuance of the final grant payment. (Presently there is no requirement for connection except for those homes experiencing pro- blems with existing systems This may require adoption of some form of local ordinance to force abutters to connect ) 3 The Town must establish a sewer user's charge and a system of equitable cost recovers for industrial wastes (These are not new requirements and, in the past, we have been able to demonstrate equity with current practices There is some question as to whether current practices in this regard would still be considered equitable We might add that this requirement will be coming sooner or later in any event ) 4 Special Town meeting action would be required to authorize the Town to apply for and accept Federal and State Grants. (We estimate the 97 Selectmen's Meeting May 17, 1976 Ill Potential value of this program to be in the range of $250,000 to $500,000 of financial aid to the Town ) There are several other conditions and stipulations that would accompany a grant offer under this program; however, they are primarily construction and logistical considerations and would not affect the Town Policy For many years, Lexington has been unable to participate in this program to the level that we would have liked to This appears to be an opportunity to take advantage of the State's dilemma of not being able to spend their Federal allotment of water pollution control monies We, therefore, request that you review this information and the ramifi- cations of the requirements and authorize us to proceed with meetings with E P A and Mass Water Pollution Control for an eligibility deter- mination. Upon motion duly made and seconded, it was voted to authorize Mr McSweeney, Director of Public Works/Engineering, to proceed with eligi- bility determinations and Step 3 grant applications for Moon Hill Road area sewers, Crescent Road area sewers and any other sewer to be deter- mined eligible for such application Mr Cohen came into the meeting at 8 30 p m. Chairman Kassler read a letter from Mr and Mrs Roche, 14 Hayes Lane, expressing concern about the possibility of disturbance of the water table if Lot 17 Hayes Lane is ever connected to Town sewer and water systems Mr Miley. I have seen this property and have talked with Mr and Mrs Roche I hope that when the time comes that great consideration be given to them and their small retirement home Mr Bailey I would appreciate it if Mr McSweeney will let us know when application is made and he could feed back to us Mr McSweeney agreed Chairman Kassler read a request from the Traffic Safety Committee Stop Sign - for approval of the installation of a stop sign on Woburn Street at Woburn St / Massachusetts Avenue Mass Ave Upon motion duly made and seconded, it was voted to amend the Intersect Traffic Rules and Orders of Lexington, adopted by the Board of Select- men on November 13, 1967, as follows Street Location Regulation Woburn Street Westbound at Mass Ave Stop Approval of the Mass Department of Public Works is to be requested Chairman Kessler read a report from the Traffic Safety Committee re- Traffic garding the petition for the installation of traffic signals with pedes- Signal IItrian indications at Bedford Street and North Hancock Street, stating Request - 98 Selectmen's Meeting May 17, 1976 (Bedford St that after reviewing the traffic signal warrants, it was found that No Hancock neither the vehicular nor the pedestrian warrants are met by this lo- cation The present circumstances at this location do not justify a signal installation and it is therefore recommended that the request be denied Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Committee to deny the request from residents in the area for a traffic signal at Bedford Stteet and North Hancock Street Heidke Chairman Kessler read a request from Mr John McSweeney, Director Leonard Rd. of Public Works/Engineering, for approval of sewer and water exten- Sewer & sions within Leonard Road, to be constructed at no expense to the Town, Water as requested by William J Dailey, Jr , Attorney for Mr Philip C Heidke Connections Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering for sewer and water extensions within Leonard Road to be constructed at the expense of Mr Philip C Heidke, with no expense to the Town, subject to the following conditions 1 Payment of the estimated sewer and water betterments, as approved by the Board of Public Works (Board of Selectmen) 2 Submission of an acceptable sewer and water plan to DPW/ Engineering 3 Posting of a bond in the amount of the estimated construc- tion cost for the work within the public way, as prepared by DPW/Engineering Mdlsx. Mrs Miley informed the Board that she had investigated the bill County for $175 00 as Lexington's apportionment of the Middlesex County Advisory Advisory Board and recommended that it be paid Board Bill Upon motion duly made and seconded, it was voted to pay the bill of $175 00 ads Lexington's apportionment of the costs of operation of the Middleselx County Advisory Board Special Chairman Kassler read a request from Chief Corr for the appoint- Policeman ment of a Special Police Officer Upon motion duly made and seconded, it was voted to appoint Police Cadet James T Costello, 34 Allen Street, as a Special Police Officer in the Town of Lexington for a term of office expiring March 31, 1978 Appt The Board discussed an appointment to the Personnel Advisory Board Personnel Mr Butler, Chairman of the Board, had expressed a desire for Mr Chapman Adv Bd to be appointed and the Appropriation Committee approves also Upon motion duly made and seconded, it was voted to appoint Mr W Neil Chapman a member of the Personnel Advisory Board for a term ex- piring March 31, 1979 99 Selectmen' s Meeting May 17, 1976 Upon motion p o duly made and seconded, it was voted to approve the minutes of the Selectmen's meeting of April 26, 1976 Chairman Kassler read a request for nominees for election to the Board of Directors of Mystic Valley Council for Children The Board took the request under advisement Chairman Kessler read a request from the Lexington Lodge of Elks Elks for an extension of hours on holidays; also, a request for the use of Liquor the Battle Green License Upon motion duly made and seconded, it was voted to grant an ex- Exten of tension of hours under the Club 1_quor license of the Lexington Lodge Hours of Elks to open at 1 00 p m. on Memorial Day, Independence Day, Labor Day, and Veterans' Day, and to close at 2 00 a m on New Year's Eve Upon motion duly made and seconded, it was voted to grant per- Permit mission to the Lexington Lodge of Elks to use the Battle Green on Battle Green Sunday, June 13, at 2 00 p m. for a Flag Day Ceremony Members of the Board plan to attend the ceremony Chairman Kassler read a request for a representative of the Board Invitation to be present to welcome members of Hyde High School performing a musi- cal drama at Lexington High Schoo_ on May 20 at 8 00 p m Selectmen Buse is to represent the Board Upon motion duly made and seconded, it was voted by 5-0 roll call vote Executive II to go into Executive Session to discuss strategy with respect to collec- Session tive bargaining After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 915pm. A true record, Attest Executive Clerk, Selectmen 1