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HomeMy WebLinkAbout1976-01-26-BOS-min 566 SELECTMEN'S MEETING January 26, 1976 III A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, January 26, 1976, at 7:30 p.m. Chairman Bailey, Messrs Kenney, Busa, Kessler, Mrs Battin; MX O'Connell, Town Manager; Mr Cohen, Town Counsel; Miss Casey, Princi- pal Clerk were present I Treasurer Mr Zehner, Town Treasurer, met with the Board to request ajproval of a $205,000 bond anticipation loan for the purchase of conservat_on land. Five bids were received, and the low bidder was the Shawmut County Bank at 2 97% interest Upon motion duly made and seconded, it was voted to approve the rec- ommendation of the Town Treasurer of a $205,000 bond anticipation loan from the Shawmut County Bank at 2 97%, notes to be dated Januar" 30, 1976 and mature on June 15, 1976 Napoli Mr Cohen presented an Order of Taking for signature on the Napoli Land land Upon motion duly made and seconded, it was voted to sign the Order of Taking on the Napoli land "At a meeting of the Board of Selectmen of the Town of Lex_ngton held I this 26th day of January, 1976, it is ORDERED Whereas by a vote adopted at a Town Meeting duly called, warned and held on the third day of March, 1975, namely at an adjourned session thereof duly held on March 31, 1975 in accordance with 4he provi- sions of law applicable thereto, the Selectmen were authorized n behalf of the Town of Lexington to take by eminent domain, upon the request of the Conservation Commission of the Town of Lexington, for conservation purposes as provided by Section 8C of Chapter 40 of the General Laws of Massachusetts, the land hereinafter described, and an appropriation of money was made therefor WHEREAS, the Conservation Commission of the Town of Lexington has requested the Board of Selectmen in writing to take said land ih fee simple by eminent domain NOW, THEREFORE, we the undersigned, being a majority of the Board of Selectmen of the Town of Lexington, duly elected, qualified andiacting as such, do hereby, pursuant to said vote and request and under and by virtue of the provisions of said Chapter 8C of Chapter 40 and Chapter /9 of the General Laws of Massachusetts, and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in fee simple in the name and on behalf of the Town of Lexington for conservation purposes as provided in said Section 8C of Chapter 40 a certain parcel of land in said Lexington, bounded and de- scribed as follows 1 III 1 C7 Selectmen's Meeting January 26, 1976 Beginning at a point on the southerly sideline of the 1946 County Layout of Lincoln Street, said point being the point of curvature of a curve of radius 629 15 feet; thence along said curve bearing to the left 191 02 feet; thence leaving said side- line S 080-37'-47"E, 125 00 feet; thence S 220-16'-22"W, 106 88 feet; thence S 22°-16'-50"W, 196 73 feet; thence S 22°-16'-20"W, 141 08 feet; thence S 22°-50'-07"w, 154 51 feet; to a point on the northerly sideline of Middle Street; thence along said side- line N 71°-24'-21"W, 60 78 feet; thence N 710-10'-00"W, 70 24 feet; thence N 72°-O1'-01"W, 35 16 feet; thence N 730-10'-12"W. 46 31 feet; thence N 72°-30'-55"W, 205 19 feet; thence N 730-14'- 35"W, 48 51 feet; thence N70°-34'-55"W, 39 45 feet; thence N 69°- 23' -33"5, 53 99 feet; thence leaving said sideline N 060-01'-42"E, 205 91 feet; thence N 83°-58'-18"W, 117 22 feet; thence N 140-14'- 04"E, 295 61 feet, to a point on the southerly sideline of Lincoln Street; thence along said sideline S 870-49'-33"E, 575 13 feet to the point of beginning All as shown on a plan entitled, 'Sub- division Plan of Land in Lexington, Mass Being a Subdivision of Part of LCC 17358-B, Scale 1 In = 50 ft , July 11, 1975, Barnes Engineering Company, Inc , 411 Lexington Street Auburndale, Mass ' to be recorded herewith All trees upon said parcel and buildings and structures affixed thereto are included in the taking We have awarded damages by reason of the taking hereby made to Catherine A Napoli in the sum of $200,000 In so awarding damages, we have awarded them to the supposed owner of record of the land hereby taken as of the date hereof, but if the name of the owner of any interest in said land is not stated or is not correctly stated, it is to be understood that such interest is owned by an owner or owners unknown to us and in such case our award is made to the lawful owner or owners thereof WITNESS our hands and seals in said Lexington the day and year first above written " Chairman Bailey read a letter from Mr Donald J Gillespie, Jr , Use of Head of Music Education of the Lexington Public Schools requesting per- Battle mission for the use of the Battle Green on Sunday, June 6 from 2 00 p m. Green to 4 00 p m. for an outdoor concert by the Lexington High School Band Upon motion duly made and seconded, it was voted to grant permission to Mr Gillespie and the Lexington High School band for the use of the Battle Green on Sunday, June 6 from 2 00 p m to 4 00 p m. for an outdoor concert. Upon motion duly made and seconded, it was voted to certify the Cert of character of Howard L Levingston, 358 Emerson Road, who has applied for Incorp Certificate of Incorporation, "The Technology Organization, Inc " Upon motion duly made and seconded, it was voted to approve the min- Minutes utes of the Selectmen's meetings of January 5, January 12, January 19, 1976 as corrected and given to Miss Casey 568 Selectmen's Meeting January 26, 1976 Water Upon motion duly made and seconded, it was voted to accept the recom- ' Abate- mendation of the Director of Public Works/Engineering to abate the follow- ments ing water bills William R. Hutchins 21 Winthrop Rd $219 15 Meter running backwards Richard T Zammitti 3 Sherburne Rd 78 30 Wrong meter reading Stephen Tavilla 17 Burroughs Rd 18 00 Wrong meter reading Samuel V Nadlo 6 Brigham Rd 139 05 Wrong meter reading C John Dunnicliff 9 Adams St 168 30 Biller's error George E Williams 10 Kendall Rd 63 45 Wrong meter reading Everett G Potter 4 Lawrence Lane 113 85 Meter taken out in '74 no blue slip stating this turned in Sewer & Upon motion duly made and seconded, it was voted to sign the contract Water Main for sanitary sewer and water main construction - Contract 76-4-E with the Contract United Construction Company, Somerville, Mass The authority for this work is contained in Article 18, 1975--Water Mains; Article 20, 1975-- Later Sewers; Article 22, 1975--Trunk Sewers App't Upon motion duly made and seconded, it was voted to appoint Mr James Personnel F Crain, 68 Asbury Street, Lexington to membership on the Personnel Ad- Adv Bd. visory Board for a term of office to expire on March 31, 1978 Mr G. H Chairman Bailey informed the Board that the presentation of the "Ameri- Blackington can Revolution" by Mr G H Blackington in Cary Hall has been changed to February 23 at 7 00 p m. for the Selectmen and 8 00 p m. for members of other committees of the Town. It was agreed to post a notice to this effect Lexington Chairman Bailey informed the Board that a request for the use of Cary Baseball Hall on March 14 had been received from the Lexington Baseball Association. Assoc This is a new organization brought about by the joining of AAA and the Lex- ington Youth Baseball They wish to use the hall to explain to youth and parents the goals, league set-ups of various age levels and for an enter- tainment program. After discussion, it was agreed that Mr O'Connell would try to work in a fireman and a policeman who would be on duty and the Town would absorb the custodial fee Hennessey Mr O'Connell presented to the Board for signature the lease between Property the Town and Dr John Bergmeyer for the Hennessey property stable It Lease was brought out that this is a five-year lease and Dr Bergmeyer maintains the property There is a $200 00 annual rental fee Upon motion duly made and seconded, it was voted to sign the lease between the Town and Dr John Bergmeyer for the Hennessey property stable ' Public Mr O'Connell reported to the Board that his further investigation of Official the public official liability insurance revealed that this type of insur- Liability ance did not exist five years ago It is currently carried by small cm- ' Ins panies and the experience has been good When this type of company runs x 5t;9 Selectmen's Meeting January 26, 1976 into hard times, it is the practice to drop the high risk potential busi- ness There was considerable discussion as to whether or not the Board felt that there was need for the extension of the present public official liability insurance after its cancellation as outlined at last week's meeting Mr O'Connell stated that he was in the process of obtaining further quotations from Brewer & Lord and Crumb & Foster Upon motion duly made and seconded, it was voted to purchase the ex- tension of the present policy for the $1500 00 premium Mr O'Connell presented the final budget by the Minuteman Regional Vocational Vocational School The operating plus capital assessment for Lexington School was $515,153 based on 17 194 per cent student participation by Lexington Budget He pointed out that there was a very large drop from the initial budget He and the Board felt that the committee had arrived at a very reasonable budget. Chairman Bailey is to write a letter of commendation to the committee Mr. O'Connell gave a report to the Board of a party at 10 Oakland Party Street on Saturday evening He stated that a party for some 15-20 10 Oakland friends of Jean Gilpatric was planned Twenty-three year old Jill Street Gilpatric was in charge in the absence of Mrs Jane Gilpatric The party was crashed by 100-125 young people between the ages of 16 and 19 Chief Corr went to the house himself and found Mr Mark Moore in the house attempting to assist in the situation. The girls were hysteri- cal at that point Chief Corr had called Selectmen Margery Battin and Dr Kassler Mrs Battin and her husband came to the scene but Dr Kassler was out of town. It was estimated that about half of those crash- ing the party were drunk There was considerable damage done to the house furnishings The police finally got the group to leave and there were no arrests made Mr O'Connell praised the police for the way they handled the situation. He stated that Chief Corr has expressed concern over prob- lems with this kind of decision Chairman Bailey stated that the fact that there were no arrests implies no wrong doing and no punishment of that "hard core" group and that was not the intention of the Selectmen Mrs Battin also praised the police for the manner in which they handled the incident and suggested that in the future neighboring families assist other families when parents are going to be away She also suggested re- cording license plate numbers and then later bringing civil suits to re- pair damages She recommended that there be a regular practice of calling Selectmen, and perhaps neighboring Town Meeting Members, when similar po- tentially explosive stituations arise in the future Mr O'Connell also gave the Board a preliminary report regarding a Shooting on shooting incident on Wood Street on Sunday evening The first call to Wood Street the police was received at 8 15 p m. from a young boy who, obviously, was very disturbed, calling for a police car The call was interrupted by his mother who said that her husband had gone beserk The officers who responded to the call found the house empty and Mrs Cosgrove was found in the driveway injured and bleeding from the head James Cosgrove, 5( 0 Selectmen's Meeting January 26, 1976 the husband, had already stationed himself on a snow bank across the street with a shotgun and had the officers in his line of fire He was threaten- ing to kill his wife and Sgt Taylor The officers took cover and pleaded with him to give himself up but he continued to issue threats and fired two rounds A bullet ricocheted and struck Cosgrove Officer Birch applied first aid and the Fire Department ambulance took Mr Cosgrove to the hos- pital At the hospital, Mr Cosgrove said to tell officer Taylor that he was sorry--that he could have killed him. Vine Mr Cohen presented the conservation easement on the Vine Brook for Brook signature The easement in over land owned by Mr & Mrs Schena Easement Upon motion duly made and seconded it was voted to sign the conserva- tion easement on the Vine Brook SERI Mr Kenney reported to the Board that several people had gone to the Project Hanscom Task Force meeting regarding the possibility of locating the Hanscom planned Solar Energy Research Institute in the Hanscom area He stated Field that a decision to site the Institute in this area would have a tremendous impact on Lexington as it would provide employment for about 1500 people This, in turn, would be of benefit to commercial enterprises here The plan calls for 100-200 acres of land to accomodate the SERI building and also for outdoor test facilities and other related activities The test area could be within 30-40 miles in the local are Mr Kenney suggested that a letter from Chairman Bailey expressing the Town's interest in the project might be beneficial Chairman Bailey stated that he would be happy to send a letter to Mr Lee Steele, Consultant to the Massachusetts Science and Technology Foundation who is working on the project 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 respect to collective bargaining or litigation as an open meeting may have a detri- mental effect on the bargaining or litigating position of the governmental body Upon motion duly made and seconded, it was voted to adjourn at 9 35 p m. A true record, Attest _J"r Principal Clerk