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HomeMy WebLinkAbout1975-11-17-BOS-min 4754 SELECTMEN'S MEETING November 17, 1975 A regular meeting of the Hoard of Selectmen was held in the Selectmen's Meeting Room o#► Monday, November 17, 1975, at 7 30 p.m. Acting Chairman Bailey, Messrsl. Busa and Kessler, Mrs. Battin; Mr. O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Director of Public Works/Engineering, Mrs McCurdy, Executive Clerk, were present. Mrs. Margery M. Battin, Chairman of the Drug Advisory Committee, Drug informed the Board that she would submit a report for the entire con- Advisory mittee. Mr. Irving Mabee, Mr Sumner Perlman, members, and Mr. Charles Committee McManus, Youth, Counselor, were present at the meeting. Report Mrs. Battin The committee met and discussed how we were charged in the beginning and where we would like to go. The original member- ship hasn't changed and Mr McManus had the genesis as the Town Youth Counselor. Our concerns have been expressed in the last three Town Reports, to function as an advisory service with an advisory youth coun- selor, to provide information and literature on drug education, and to administer thel expenditure of the Selectmen's juvenile services budget Our goals are to provide service to troubled Lexington youth; advise the Youth Counselor on community needs; coordinate efforts with other Town departments, community agencies and programs, and to make recommendations to the Board of Selectmen regarding improvement, modification and financing of services. We do coordinate with Mystic Valley Mental Health Clinic and the Drug Coordinator, who attends our meetings regularly The Youth Counselor provides necessary services and he needs a group that he can report to and teoeive direction. He needs to deal officially and in- formally with troubled youngsters Next year, we plan to monitor those youth services' we fund and those we don't We will require regular monthly reports from rte-Place, Mystic Valley Mental Health, School De- partment Guidance Counselors, and any other advisement services. All of us are interested in setting common goals and we hope to meet with them to talk over areas of common interest on town-wide youth programs and facilities, and identifying problems of needs of youth in the Town. We have common interests with the Community Relations Committee and hope to talk with them on how to communicate with them on problems of children, and We feel we could cooperate. We have a, problem we don't know how to answer. We feel that Select- men's Drug Advisory Committee to be a misnomer and would like to be known as the Youth Advisory Committee. We feel there is merit in having a Selectmen on the committee as it has to work closely with the Board of Selectmen, and to rotate one member off a year - but this is not unanimous. I think there is merit in thinking out it We would like to go on and continue in the direction we are going. Mr. McManas Over the past year I have continued to do most of the things I have been involved in. I have been in touch with school personnel, guidance counselors, and some of the staff at Mystic Valley Mental Health. 4S0 Selectmen's Meeting November 17, 1975 The hotline at Re-Place is in operation with 3 or 4 calls a week; they are instructed how to handle these calls and to come to me Re-Place is the main part of my work and meeting with the staff. They also refer either youths or parents who wish to see one of the two counselors avail- able. I have had 32 referrals since the beginning of this year. For several years, I have been working closely with the probation officer and see him weekly for the purpose of going over problems he may have. The biggest change in the past year was in April when I was initiated into going to the police station, and I have been going once a week to review the police journal and select problems indicating an opportunity of my getting involved with youth or parents We made 28 attempts to contact people by phone; 16 were never seen and 5 felt it was none of our business; some are getting assistance or looking for assistance. I am currently working with 3 and have seen them for several sessions and referred them to private therapists. It was mutually agreed that 5 had problems of less seriousness. I am hoping to continue to pursue it. Mr. Bailey Thank you for the report Are you making headway in tying together what is going on in the school system and Mystic Valley as a uniform approach to the Lexington Problem? Mr. McManus It is difficult to answer. The new Director is attempt- ing to get more involved with school people to provide consultation ser- vices but the school has hired their own consultation apart from Mystic Valley Mr. Bailey: As far as the rotation system in concerned, around March make your own decision. As far as combining the relationship of your committee and the Youth Commission and/or changing the name of your com- mittee, we have Chairman of both boards. The Drug Committee is dealing with troubled youth and the Community Relations Committee with untroubled youth. Mr. Busa I don't wish to see the Drug Advisory Committee expand to involve the major committee in operation. The question I have is if the drug problem seems to have leveled off. Is this true? Mr. McManus There has been some lessening. Most of the kids I deal with are involved in alcohol rather than drugs per se. Mr. Busa I don't know which is worse. Mrs. Battin It is a combination of the two Acting Chairman Bailey thanked Mrs. Battin and Mr. McManus for their reports. Mr. McManus, Mr. Perlman and Mr. Mabee retired from the meeting. FY 77 Mr McSweeney presented the schedule for FY 77 requests for street Streets acceptances November 20 - Informational meeting. December 15 - Board votes the intent to lay out streets. December 19 - Notify Planning Board of the vote. January 6 - By this date, written notice of intent to lay out to be delivered to abutters by constable. January 13 - Public hearing by Board of Selectmen. 481 Selectmen's Meting November 17, 1975 January 19 - Board votes to lay out streets February 23 - By this date, layout plans filed with Town Clerk by Town Engineer. March 1 - After this date and before close of Town Meeting, acceptance of layout by Town Meeting. Within 30 days, adoption of Order of Taking by eminent domain by Selectmen and award of damages. Within 30 days of adoption of Order of Taking, re- cording in Registry of Deeds of Order and any better- ments by Town Engineer. List of streets submitted Crescent Road, Briggs Road, Great Rock Road, Banks Avenue, Cushing Street, Emerald Street, Tower Road, Tucker Avenue. Acting Chairman Bailey According to this list, it looks like a lot of dollars. Mr McSweeney agreed. Mr. Bailey When do you expect to have information from the Planning Board on subdivision streets? Mr. McSweeney I believe they are reviewing them tonight and they will send us a list by December 15. Mr. Bailey We will wait for you to get back to us on the recomm mendation on dollars. Acting Chairman Bailey read a report from the Director of Public Landry Works/Engineering regarding the Landry sewer betterment assessment, as Sewer follows "ThelNovember 15, 1972 letter to Mr Arthur N Landry, Jr. , Betterment 5 Minuteman Lane, stated that the Board of Selectmen voted to defer $1,000 of the Sewer betterment assessed to Lot 145, Map 50, for a period of three years, and further stated that, 'if, within that period of time, this property is changed in any way or if the lot is sold or subdivided, this deferment of $1,000 will terminate and would become payable ' Inasmuch as the Board of Assessors has informed us that this lot was sold in April of 1973, it is our opinion that this deferment was termi- nated as of that date and that payment is due the Town of Lexington " The Boardl agreed to notify the Board of Assessors that the defer- ment was terminated by the sale of Lot 145 in April, 1973 and, therefore, the sum of $1,000 is due and payable to the Town A letter is to be written to Mr Arthur Landry to this effect The Board discussed a report from the Director of Public Works/ Summit Rd Engineering concerning a request from Mr John Dearden, 33 Summit Road, Sewer and residents Of Summit Road for a connection to the Town sewer system. Request The report states that the petition was submitted too late to be in- cluded in the i'Y 77 Capital Budget A formal petition will be prepared and sent to Mr, Dearden for signatures and, if returned before the October, 1976 deadline, it will be included in the FY 78 budget request Mr. McSweeney's report was accepted but the Board agreed that if the existing situation worsens, and if there are available funds, considera- tion would be given to adding this project to a sewer contract Mr Dearden is to be so informed. 482 Selectmen's Meeting November 17, 1975 Therequest of the New En Mariam St. Board discussed and agreed to grant the land g Telephone Telephone Company for an extension of time on the three outdoor telephone booths remaining at the existing location on Meriam Street, with the under- standing that the three booths are to be lighted all night The Board also approved Mr. O'Connell's recommendation that appropriate signs be installed on Mass. Avenue indicating the location of the telephone booths on Meriam St. and Mr McSweeney was instructed to make the necessary arrangements for the approval of the Historic Districts Commission. Street A report from the Director of Public Works/Engineering recommended Lighting against the installation of an additional street light in front of 39 Ashbury Ashbury Street, as requested by Mrs. Clarence Bentley. However, it was Street agreed to offer assistance to Mrs. Bentley by a DPW employee meeting with her to investigate the outside home lighting in order to obtain the fullest illumination possible. Upon motion duly made and seconded, it was voted to accept the recom- mendation of the Director of Public Works/Engineering and a letter is to be written to Mrs Bentley offering assistance in resolving the outside lighting problem. Traffic- The Board discussed a report from the Traffic Safety Committee in Lowell/ response to a request from Mr. Wesley M. Hill, Jr , 335 Lowell Street, Woburn/ concerning traffic conditions on Lowell Street between Woburn and Maple IMaple Sts. Streets Upon motion duly made and seconded, it was voted to accept the report of the Traffic Safety Committee and to inform Mr. Hill that, after investi- gation of the number of accidents which have occurred in this area since January 1, 1975, there were no accidents caused by a engineering deficiency or a roadway defect Therefore, the Traffic Safety Committee sees no prob- lem in this regard. A Crossing Guard is stationed at the school crossing during school hours; however, if the "School" signs in this area are in any way obscured, the Committee feels they should be relocated to improve visibility Traffic- A report from the Traffic Safety Committee was read, stating that the York St. Town has no authority to erect warning signs or install bumps on York Street, as requested by William A. Schaffer, 27 York Street, as this portion of York Street is unaccepted Upon Motion duly madeand seconded, it was voted to accept the recom- mendation of the Traffic Safety Committee on the unaccepted portion of York Street Webster Acting Chairman Bailey read a recommendation from Mr Norman Cohen, Easement Town Counsel, to sign the easement given to Mr Alden Webster over Town- owned land Upon motion duly made and seconded, it was voted to sign a perpetual access easement to Mr and Mrs. Alden L. Webster over Town-owned land adjacent to their property at 113 North Street, as authorized under Article 39 of the 1975 Annual Town Meeting Selectmen's Meting November 17, 1975 The Board discussed a letter from Mr Howard Cravis, Vice Chairman TMMA of TMMA, and it was agreed to write to Mr. Cravis informing him that an announcement of the entire schedule of Town Meeting sessions could be recommended at the first session, and it is the general feeling of the Board to have sessions on Mondays and Wednesdays, except for unusual circumstances. ; Regarding his point having to do with response to ques- tions raised from the floor, the Board felt that reasonable questions had been answered and, to their knowledge, timely questions had ever been left hanging by a respresentative of the Town. The Board discussed a letter from Mr. Lloyd Gilson, Partridge Road, Nordblom regarding the Nordblom proposal for industrial park development bor- Burlington dering Lexington, Bedford and Burlington. Mr Gilson had included a Industrial copy of an article which had appeared in the Minute-man outlining a plan Park Plan presented by the developer at a Burlington meeting, which would bypass the Legislature and go directly to the State DPW. Senator Ronald C. MacKenzie had filed a bill regarding access to the property so that the industrial park could be built The Board' agreed to a joint meeting with the Planning Board and Mr Nordblom, who will be asked to present his plan for discussion at meeting to be Scheduled in December or early January Senator MacKenzie Representative Cole, Amick and Dickson are to be invited to the meeting. Upon motion duly made and seconded, it was voted to grant the re- Elks - quest from Elks Lodge No 2204 for an extension of hours under the Club New Year's liquor license to 2 00 a.m. on New Year's Eve. Eve Upon motion duly made and seconded, it was voted to certify the Cert. of character of the following who have applied for Certificate of Incor- Incorp. poration Barky Agranat, 122 Kendall Road, "Friends of Brandeis Athletics, Inc." and Mara White, 13 Fletcher Avenue, "Homebirth, Inc." Upon motion duly made and seconded, it was voted to approve the Minutes minutes of October 20, 1975. The Board' discussed the 1976 Annual Town Meeting. 1976 Upon motion duly made and seconded, it was voted to call the 1976 Annual Annual Town Meeting (Election Day) for March 1, 1976, with polling hours Election-Town of 7 00 a.m. to 8 00 p.m. Meeting - Upon motion duly made and seconded, it was voted to call the first Closing of deliberative session of the 1976 Annual Town Meeting for March 22, 1976 Warrant at 8 00 p.m. in Cary Memorial Hall Upon motion duly made and seconded, it was voted to close the Warrant on Monday, December 29, 1975 at 4 30 p.m. for the submission of Articles fopr the Warrant of the 1976 Annual Town Meeting The Board discussed the dog hearing conducted by Selectman Howard Yeomans' M. Kessler on November 12, 1975 at 9 00 a.m. on the written complaint Dog of Barry Littleton, Animal Control Officer that a male collie/shepherd I _ I 4S4 Selectmen's Meeting November 17, 1975 dog owned by Mr Frank A. Yeomans, 956 Massachusetts Avenue, Lexington, is a nuisance by reason of a vicious disposition, and had bitten two people on August 27, 1975 Dr Kessler This dog is a mixed breed and the two people bitten were older men; one was 80 years of age and had to be treated at Symmes Hospital We also heard that several other people have been bitten within the last five years but, as they were not reported to the Town, there was no evidence to prove the dogs were running loose at those times It was difficult because this is a family dog Mr Yeomans asked if the Board could make any suggestion at all to allow him to keep the dog, and we don't question his sincerity He also suggested chaining but it is our feeling that if the dog got out again and attacked a child, we, in good conscience, could not recommend that the dog be left in Town. There would not be a sufficient guarantee and, therefore, we recommend that the dog be destroyed or removed from the Town Mr O'Connell I believe the Board does not have the legal authority for the destruction of the dog, only authority to remove it from the Town; then the owner has the right to appeal to the District Court Upon motion duly made and seconded, it was voted that after investi- gation, including an examination on oath of the complainants at a public hearing held on November 12, 1975, the Board of Selectmen has determined that the collie/shepherd dog owned by Mr. Frank A. Yeomans, 956 Massa- chusetts Avenue, Lexington, is a nuisance by reason of vicious disposi- tion, and hereby orders that said dog be removed from the Town of Lexington within two weeks from the time of receipt of the order by the owner of the dog; that, until such removal, said dog be restrained to the premises of said owner; and that from and after the time at which said dog is required by this order to be removed from the Town of Lexington, neither the owner nor any other person shall permit said dog to return or be brought back to the Town of Lexington. included in the order to be sent to Mr. Yeomans will be an excerpt from Section 157 of Chapter 140 of the General Laws of Massachusetts "Within ten days after such order, the owner or keeper of such dog may bring a petition in the district court within the judicial district of which the dog is owned or kept, addressed to the justice of the court, praying that the order may be reviewed by the court " 1976 Upon motion duly made and seconded, it was voted to sign the follow- Common ing 1976 Common Victualler Licenses, which have been approved by the Victualler Board of Health Licenses Anick Enterprises, Inc. dba Dunkin Donuts 373 Waltham Street Brighams 94 Bedford Street Brighams 1775 Mass. Avenue Kentucky Fried Chicken 211 Mass. Avenue Denny's Restaurant 438 Bedford Street Jeffro, Inc dba Deli-Shuss 1841 Mass. Avenue Pine Meadows Country Club Cedar Street 485 Selectmen's Meting November 17, 1975 Peking Gardens 27 Waltham Street Lexington Golf Club, Inc 55 Hill Street Friendly Ice Cream Corp 66 Bedford Street Powder Horn Golf Club 40 Walnut Street Upon motion duly made and seconded, it was voted to sign the follow- ing 1976 Package Goods liquor licenses, Club liquor licenses, and Restaurant ligyior licenses. Mr. Buss abstained from voting Retail Package Goods Stores Package Goods Berman's Market Incorporated 55 Mass. Avenue Lexington Liquor Mart, Inc. 58 Bedford Street Club 4,icenses Clubs Lekington Lodge #2204 B P 0.E 959 Waltham Street Lexington Council No. 94 K of C 177 Bedford Street Restaurants Restaurant Lexington Enterprises, Inc. dba Peking Cardens 27 Waltham Street Acting Chairman Bailey informed the Board that a request has been May Land received from the Conservation Commission to vote to acquire the May Taking land. 111Upon motion duly made and seconded, it was voted to approve the request of the Conservation Commission to acquire the land owned by Robert and Patricia May A request was also received from Norman P. Cohen, Town Counsel, to sign the order of taking of the May land. Upon motion duly made and seconded, it was voted to approve the request of Town Counsel and to sign the order of taking by eminent do- main for conservation purposes a parcel of land owned by Robert A. and Patricia May of 16 Fletcher Avenue, and shown as Lot 36 on Land Court Plan 5982-0, which plan is filed with Certificate of Title No. 102070 of the Middlesex South Registry District of the Land Court, and which parcel is covered by Certificate of Title No 107022 in Registration Book 665 at Page and is bounded and described as follows NORTHWESTERLY by Grove Street 179.95 feet; NORTHEASTERLY by Lot 35- 232 57 feet; SOUTHEASTERLY by Lot 38-76 feet; and SOUTHERLY by Lot 37- 25] .68 feet; award of damages in the amount of $4,000. Mr. O'Connell informed the Board that a request has been received Home Rule from the Massachusetts League of Cities and Towns for a voluntary con- Legal Fund tribution of $156 37 to the Home Rule Legal Fund. He recommended approval of the Board. Mrs. Battin agreed with Mr O'Connell's recommendation. Upon motic`n duly made and seconded, it was voted to contribute $156.37 to the Home Rule Legal Fund, as requested by the Massachusetts League of Cities and Towns I 48€; Selectmen's Meeting November 17, 1975 RR Signs Mr O'Connell discussed railroad signs that were installed in the Town by the State in the middle of sidewalks and in front of homes. Historic Districts Commission has written two letters to the State with no response. Mr. McSweeney pointed out that a letter had been written to the State accepting the signs and they were installed before the Town was given the opportunity of reviewing the locations. The Board agreed to refer the matter to Mr. O'Connell and the Traffic Safety Committee to resolve the question of the need of signs in locations selected by the State DPW Fire Dept Mr. O'Connell reported on the status of the promotion review program Lieutenant to fill the vacancy of Lieutenant in the Fire Department Following a written examination of 19 candidates, the Selection Board interviewed 9 men, representing the top half of the group, and submitted recommenda- tions to the Town Manager. Candidates will be advised shortly and an appointment will be made. This list will provide us with candidates for Lieutenant for the next three years Executive Upon motion duly made and seconded, it was voted to go into Executive Session Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputation of a person. After discussion of matters concerning personnel, litigation, public health, and the financial interests of the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 11:50 p m. A true record, Attest xecutive Clerk, Selectmen I