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HomeMy WebLinkAbout1976-04-05-BOS-min 44 SELECTMEN'S MEETING April 5, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, April 5, 1976, at 7 00 a 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 Treasurer Mr Louis A. Zehner, Town Treasurer, requested approval of the Board of a $70,000 loan for the property owned by Lexington Associates, Inc , as voted under Article 45 of the 1975 Annual Town Meeting Bids had been re- ceived and the recommendation is to award to Bay Bank Middlesex at 1 90 percent with notes dated April 9, 1976 and maturing on June 15, 1976 Upon motion duly made and seconded, it was voted to approve the rec- ommendation of the Town Treasurer to borrow $70,000 at 1 90 percent from the Bay Bank/Middlesex, with notes dated April 9, 1976 and maturing on June 15, 1976 Buckman Mr O'Connell recommended that the fire and lightning insurance cov- Tavern erage on Buckman Tavern be increased from $45,000 to $100,000 This amount Insurance would not replace the building but would enable to Town to cover some of it The replacement cost would be $150,000 It is written for two poli- cies now, one for the Town and one for the Historical Society and the ques- tion is whether it should read just for the Town and be one policy Upon motion duly made and seconded, it was voted to approve the rec- ommendation of the Town Manager to review with Town Counsel the matter of the Buckman Tavern fire insurance policy Battle Mr O'Connell informed the Board that time is needed to review the Green proposed flagpole on the Green and he recommended that it be deferred Flagpole until the Wednesday evening meeting Prior to that meeting, interested persons will visit a location where a fibreglass flagpole is already in- stalled We have a difficult choice between fibreglass and steel and we have received very good proposals for each The Board agreed to defer the matter until Wednesday Retired Mr O'Connell discussed the insurance on retired teachers being brought Teachers' back to the Town When we brought them back, we went to the Town's insur- Insurance ance carrier to arrange to provide the teachers with the same coverage they had prior to the time when they were taken into the State system. Our insurance carrier recommended that these retired teachers not be taken into our group coverage but Mr Perry and I believe the return should be on the same ground rules as when they left We will have to face a change in the premium, and it is an April 1 decision The entire history will be pre- sented when we have more time to discuss it Chairman Kassler• In the meantime, what is the status of the teachers? Mr O'Connell They are covered 45 Selectmen's Meeting April 5, 1976 It was agreed to discuss the retired teachers' insurance at a future meeting. For the information of the Board and the general public, Mr O'Connell Summer Free announced the possibility of the Town participating in federal funding for Lunch a children's free lunch program during the summer Further information Program will be submitted after being reviewed with the School Department and the Appropriation Committee Mr O'Connell left the meeting to meet with the Appropriation Committee at 710 p m Mr Richard Michelson and members of the Bicentennial Corporation met Battle with the Board Green Chairman Kassler We had hoped to discuss in detail the choice of Flagpole flagpole material but it has been postponed until Wednesday Have you discussed it further with the Bicentennial Corporation? Mr Michelson The first thing to know is if the Selectmen are will- ing to let the Bicentennial Corporation do this project as a permanent memorial with our funds on Town property? We have to know the procedure on which the project will be handled - if the Bicentennial Corporation will buy and pay for the flagpole direct or what other manner would be prescribed? I didn't mention at our last meeting that the Bicentennial Corporation would like to purchase now for $1 00 the old flagpole that is standing on the Green, to cut it up and use it for recouping expenses We would like answers on how the funds would be expended As far as the target date of July 4, 1976, we would like the proper recognition on a plaque on that date Mr. Buse At some other location? Mr Michelson At the flagpole, there should be some inscription, "Presented July 4, 1976 by the Bicentennial Corporation " This has to be approved by the Historic Districts Commission Mr Bailey- It would be helpful to us if you give us a draft of what you want to use To use the old pole as Bicentennial material is a good idea I would ask Mr O'Connell about the control of purchasing, erection, and how the flow of money would be handled? Mr O'Connell I discussed these with Mr Michelson and Mr McSweeney and, in my personal judgment, the more preferable and possibly cleaner way to handle it is for the Town to place and administer the contract, which would also mean the assistance of the Public Works Department The Bi- centennial Corporation can handle two roles - the source and giver of funds for the purchase and installation of the flagpole and the plaque program which goes with it. There are many difficulties if the Bicentennial Corp- oration attempts to install and attempts to donate to the Town If the Town does that, and the Bicentennial has the costs Mr Bailey- We have to have a proposal on exactly how the erection, payment and supervision may be handled How is the motion to be handled? Is the money to go back to E & D? Mr Michelson I discussed this with Mr McSweeney and I foresee 416 Selectmen's Meeting April 5, 1976 quite a few problems of the Town with flagpole payment problems People have expressed to me that it is a disgrace to see the flagpole like it is on the Green I see quite a few problems We have listened to pro- posals from three companies to put a flagpole on the Green and, in my estimation, there are two excellentssibilities both beingsteel We po of the Bicentennial Corporation would like to take it over and, by July 4, it could be erected Chairman Kassler I find it difficult in making a determination on this without expressing the need for help and guidance of the Engineering Department The decision has to rest with the Town and I wouldn't want to relinquish that Mr Busa I don't think the Bicentennial Corporation is asking for that determination It is talking about the expediency The Town can accept the flagpole and the Town can have coordination of the contract by having the liability for this Chairman Kassler What about the choice of material? Mr Busa This is not the purvue of the Bicentennial Corporation It is the purchase and erection of it by July 4 If the Town and Historic Districts want fibreglass, that is agreeable with them. There would be a time lapse after Town Meeting before the contract would be let out. Mr O'Connell It is my impression that we could implement this With all due respect to the Bicentennial Corporation, I doubt that they could do it any faster than the Town We could wrap it up and could meet the July 4 date Mr Michelson There has been a requirement from three people of an advance payment for the flagpole I don't know if the Town could do that. Also, payment afterwards - these people want payment when they need it The Bicentennial Corporation can do that We would do the pro- ject entirely with the Selectmen, Town Manager and the Department of Public Works We want to have this pole bought and erected. Chairman Kassler It appears that our aims are the same, and I won- der if the Town Manager can't do it as fast as you I don't see that as a big problem. You want answers - does the Board want to accept is as a gift from the Bicentennial Corporation? Mr Michelson My concern is how the Article is worded That means the Selectmen would be responsible and not the Bicentennial Corporation. This is what I want to prevent Chairman Kassler We will leave that to Town Counsel Does any mem- ber of the Board not wish to accept this? No answer Chairman Kassler The Board is unanimously in favor of it and I thank the Bicentennial Corporation for it As to who buys it Mr Cohen The motion reads, "That the sum of be appropriated to replace the flag pole on the Battle Green and provide a suitable bicen- tennial memorial plaque, and that to raise such amount the Selectmen be and they hereby are authorized to accept and expend a gift from the Lexington Bicentennial Corporation " Mr Michelson To me, this then limits the motion to, the Selectmen are obligated to handling the contract Chairman Kassler The Selectmen want to be obligated 47 Selectmen's Meeting April 5, 1976 Mr Michelson Is the Town able to handle payment? Mr Bailey This is one of the items to be unfolded between now and Wednesday In my time on the Board, we hever have been held up on a payment Chairman Kassler Town Counsel can handle it We are nit-picking Unless the Bicentennial Corporation is unwilling to do it, then the Board is willing to do it Mr Busa Have the Town Manager, Town Counsel, and Bicentennial Corp- oration discuss it The Board agreed to discuss the matter on Wednesday, with recommenda- tions from the Town Manager as to material The Bicentennial Corporation members retired from the meeting Chairman Kassler read a recommendation from Mr McSweeney, Director House Move of Public Works/Engineering, that approval be granted to Metropolitan Building Movers, West Peabody, to move a house, subject to conditions of the Public Works Department Upon motion duly made and seconded, it was voted to grant permission to Metropolitan Building Movers to move a house from Virginia Read, Lin- coln, to a new location on Concord Avenue, Lexington, subject to the follow- ing conditions 1 A bond in the amount of $5,000 is to be posted with the Department of Public Works 2 The licensee shall procure and maintain during the life of the permit, general liability insurance with coverages for bodily injury and property damage liability A copy of the insurance certificate must be submitted to the Town of Lexington along with the bond before the permit will be issued 3 The licensee shall be required to provide uniformed police offi- cers for traffic control, etc 4 In the event it becomes necessary to detour traffic off a State Highway onto a Town of Lexington Public Way, the Commonwealth of Massachusetts, Department of Public Works will not be responsible for any loss or damage to the Public Way being used for detour 5 The mover shall contact and meet with a Department of Public Works representative and Mr Paul Mazerall, Tree Warden prior to the issuance of a permit 6 If move is not completed in one day, the mover must have an al- ternate location to park the house overnight Mover must obtain written permission from owner of location if stored overnight Upon motion duly made and seconded, it was voted to sign the Auc- Auctioneer tioneer license for Mr John D Brucchi, 63 Paul Revere Road, expiring March 31, 1977 (Renewal license) Chairman Kessler read a recommendation from Mr McSweeney regarding Sewer Re- the sewering of Barnes Place if the formal petition is returned from the quest - residents Barnes Place fil Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering that the sewer- Selectmen's Meeting April 5, 1976 ing of Barnes Place be given a high construction priority, and to authorize that the estimated project of $13,000 be built from existing funds in the event that they become available If not, the project will be included in the FY 78 budget Bond - Upon motion duly made and seconded, it was voted to approve the bond Treasurer of Mr Louis A Zehner, Town Treasurer, in the amount of $148,000, and to request the approval of the Commissioner of Corporations and Taxation. Mt McKinley Chairman Kassler read a request from Mr William Page, Minuteman Coun- Climb Group- cil of Boy Scouts, for the Board to conduct a ceremony for the presenta- Bicentennial tion of the Lexington Bicentennial flag to the Mt McKinley Climb Group Flag before they depart for Alaska in early June Upon motion duly made and seconded, it was voted to schedule a cere- mony to present the Lexington Bicentennial flag to the Mt McKinley Climb Group of Explorer Scout Post 122 It is proposed to bring the flag to the top of Mt. McKinley and return it to the Town Minutes Upon motion duly made and seconded, it was voted to approve the min- utes of the Selectmen's meeting of March 22, 1976 Meeting The Board agreed to meet on Tuesday, April 20, because of the holiday on Monday, Patriots' Day H1792 Tri- The Board discussed House Bill 1792, filed by Representative Carol Town Comm. Amick A report submitted by Mrs Miley is as follows "As you know, Representative Carol Amick has filed House Bill 1792 with the State Legislature This bill proposes to establish a Tri-Town Regional Recreation Conservation District in Burlington, Lexington and Bedford and concerns certain parcels of land located on the boundary lines of these towns along Routes 3 and 128 The Boards of Selectmen of each town, if the Act is passed, will appoint three members to the Board Initially, one member will have a one-year term, one, a two-year term, and a third a three-year term. A seventh member will be alternately by each town. In my discussion on April 1, 1976, with Representative Amick regarding this Bill, it was my understanding that the majority of the Board, in order to establish the District, may take property by eminent domain under Chap- ter 79 or 80A of the General Laws or may acquire property by purchase, lease, gift or otherwise, and may also take or acquire such easements necessary within or without the District The District will be authorized by this bill to enter into agreements and contract with any person or persons, organizations, public or private, provided such agreements and contract do not exceed financial commitments, authorized by Town Meeting of each town and do not commit the town to future financial commitments not authorized at Town Meetings or the Towns com- prising the District A majority of the Board would have veto power Representative Amick is requesting the Lexington Board of Selectmen to support the Bill and, if possible, to send a representative of the Board to 49 Selectmen's Meeting April 5, 1976 so state before the Committee on Local Affairs, which will hear the Bill at the State House on Tuesday, April 6, 1976 " Mr Cohen Perhaps there would have to be amendments to the Bill to make it clearer, but the Board could vote to support the intent of the Bill Upon motion duly made and seconded, it was voted to support the intent of House Bill 1792 Because a member of the Board is unable to attend the hearing, Rep Amick is to be notified, by telephone, of the above vote The Board discussed Article 76-Police Manual Review Committee. Art 76 Mr. Bailey We had discussed this at one other meeting and I think Police it would be nice if this Board could take a unanimous position on what Manual the disposition of Article 76 should be, and it may be possible to bring Committee this Board into a posture where they could agree The sense is, that it be referred back to the Board for appropriate action Chairman Kessler read the following statement (For Town Meeting) "The Board of Selectmen is in agreement with the principle of estab- lishing a Police Manual Review Committee The Board believes, however, that it should be free to exercise its own judgment as to how the Committee should be set up and that the Board should not be bound to follow the struc- ture set out in Article 76 The Board therefore recommends that the matter be referred to the Board of Selectmen with the understanding that the Board will appoint such a Committee The Committee will not be an investigatory Committee but will make policy recommendations to the Board The report of the Committee will be made readily available to the public Accordingly, Mr Moderator, on behalf of the Board of Selectmen, I move that the matter be referred to the Board of Selectmen for action by the Selectmen in ac- cordance with the statement I have just made (The motion for referral on this basis has the unanimous support of the Board of Selectmen ) " Mr Bailey I can support that statement Mr Busa On policy recommendations, I assume you mean in reference to the Police Manual? Chairman Kessler Yes Upon motion duly made and seconded, it was unanimously voted to support the above statement to be made at Town Meeting on Article 76 Dr Eric Clarke, Chairman of the Planning Board, came into the meet- Art 91- ing Green & Dr Clarke The Planning Board just considered what it should do White Land- about Article 91 which, if passed, would put the Green and White land lo- Wetland cated off Maple Street into a wetland zone We met with Mr White and his Zoning lawyers and they explained that they want to have the Article withdrawn They have filed a preliminary subdivision, with every intention of going forward with a definitive subdivision The law reads that if they file a preliminary subdivision before a zoning by-law becomes effective, they are protected for seven years Mr White and his lawyers do not want to have it rezoned and will proceed in an orderly development of the land The Planning Board, in the past, has worked with developers to get a plan of maximum benefit to the Town t}0 Selectmen's Meeting April 5, 1976 It appeared that we were in agreement, with Mr Zabin apparently con- curring, that the By-Law change advocated in Article 91 would be with- drawn At the Planning Board meeting this evening, however, it became apparent that a majority of the Planning Board still desires to go for- ward with Article 91, and it will not be brought up until Wednesday, at the earliest The Board thanked Dr Clarke for the information Upon motion duly made and seconded, it was voted to adjourn at 745pm. A true record, Attest L(xecutive Clerk, Seiectme I I