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HomeMy WebLinkAbout1975-07-28-BOS-min 37C SELECTMEN'S MEETING July 28, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, July 28, 1975, at 7 30 p.m. Chairman Kenney, Messrs. Bailey, Buse, Kassler, and Mrs. Battin; Mr. O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr. Martin, Asst. Town Engineer; Mrs. McCurdy, Executive Clerk, were present. Treasurer Mr. Zehner met with the Board to request ratification of the decision to postpone the sale of bonds from May 29 to Aug- ust 12, 1975. Sale of Upon motion duly made and seconded, it was voted to ratify Bonds the postponement of the sale of bonds from May 29 to August 12, 1975. Mr. Zehner: We had a visit from the Moody evaluator and Moody she was very close to giving the Town a AAA rating, but she re- Rating quested additional information. We are supplying the pro forma balance sheet for November and the expense sheet as of June 30; also, pension fund information. AdditionaUyX have tentatively reported the amount of free cash as $1,400,000 not $1,300,000. I hope this will result in a higher rating on Town bonds. Chairman Kenney: I would like to take this opportunity to commend Mr. Zenner on his efforts to enable us to achieve a higher rating for the Town. Mr. Zenner: Since the bonds won't be printed until late September,it is necessary to refinance the $150,000 note to the Harvard Trust Co. until September 15; note was due August 15, 1975. Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Treasurer to refinance the bond anticipation loan in the amount of $150,000 from the Harvard Trust Company at 2 30 percent, notes to be dated August 15 and maturing September 15, 1975, with the option to pay in advance. Westview Mr. Zenner discussed the sale of Westview cemetery lots. The Cemetery Westview Cemetery Committee recommends, and Mr. O'Connell has Increase in approved, an increase in the sale of lots, and to hold a public Sale of Lots information meeting on August 6. We have not changed the schedule of prices since 1950; the lots are nova $71, $82, and $108, based on location. We would like to put the new rates into effect immediately after the informational meeting. 3V7 7 Selectmen's Meeting July 28, 1975 Grave Sites: Sehedule of Charges Single graves permitting double interment $225.00 Single graves for single interment 175.00 Children's graves in baby section 60.00 Mr. Bailey: How long into the future do you think you would be protected with these rates? Mr. Zehner The Committee would made a recommendation to the Town Manager annually. Mr. Bailey I would agree on the basis that it would be done annually, and to proceed as soon as possible after the meeting. The Board agreed to the increase in the price of Westview cemetery lots. Chief Corr and Mr. William T. Spencer, President of the Mariam St./ Merriam Hill Association, met with the Board to discuss a problem Park Drive in the Moria& Street parking lot with youths congreating, racing Public motors, loud radios, beer cans, broken glass, and motorbikes until Drinking late at night. Mr. Spon er: The Association met with the Community Relations Committee last Monday evening to discuss the situation, and we will continue to support their kind of effort. Everything was quiet on Tuesday evening and the rest of the week Chief Corr has done some- thing, I guess, as we came to this meeting with a problem that has disappeared. There hasn't been obvious police presence in the parking lot. Chief Corr remarked that the patrols may have helped resolve the situation but pointed out that the group had probably moved to another location. Mr. O'Connell stated that the lull at the Mariam Street lot is the result of intensive surveillance by the police, and he and Town officials have been riding in the cruisers at night. This group has moved to the Park Drive area. The situation is not worsening all over Town but it seems so to people because it is August 1st. Drinking in public is not a violation of the law and we are trying to contend with abuses of something that is legal. Chief Corr recommended that consideration be given to adopt- ing a by-law prohibiting public drinking; drinking in public is perfectly legal and the public is becoming more lenient Mrs. Battin suggested that members of the Youth Commission talk with the Mystic Valley Mental Health Clinic and Mr. McManus, Youth Counselor, to ascertain if this is something they might address in terms of a solution Conservation Commission has a particular interest in patrolling neighborhoods and she asked about the possibility of having citizen patrols I 37 8 Selectmen's Meeting July 28, 1975 Chief Corr's personal opinion was that citizens of Lexington should not be asked to have to deal with youths under the in- fluence There should never be a citizens' vigilante group to take care of this. Dr Kessler said that after discussion at the last Community Relations Committee meeting, it was decided to meet at the Summer Co-op on August 13 Some of the young people would go to the Park Drive area and invite the youths involved to meet with the Com- mittee on a youngster-to-youngster approach. Also, there was much dialogue on citizen controls and we look forward to having more in-depth information at the next meeting. We invite the Selectmen and others to join us. Mr. O'Connell I don't think you will have too much luck getting them to join your meeting, but you may join theirs. Mr. Spencer: There is a driving aspect on drinking. Some night, there is going to be a disaster. Also, there is a very wide age span - from the 20's to the low teens. Chairman Kenney: That is a valid point. One thing that was not mentioned is the fact that police officers have a difficult role because, if they overdo it, the first thing that happens is harassment. We have been the drinking problem greatly increased because of the State lase of 18 years of age. Mr. Spencer thanked the Board, Town Manager, and Chief Corr, retired from the meeting. Leroy Road The Board discussed a report from Mr. McSweeney in response Collins to a letter from Mr. Medardo Collins, 7 Ellison Road, concerning Request Town maintenance of the unaccepted portion of Leroy Road. The report states that the lot in question is not Town-owned as it was deleted from the layout of Leroy Road when the neighbors feared the use of Leroy Road as a cut-through and a route of through traffic if the whole protion between Marrett Road and School Street were accepted. Therefore, whereas this parcel is "owner unkown" or possibly owned equally by the owners of the property at Lots 87 and 93 School Street, it is suggested that they refer the matter to the Land Court to clear the title, purchase the property, add their respective protions to the ex- isting lots, and re-landscape the area. Mr. Allessandro, 87 School Street, was present at the meet- ing and indicated that he might go to the Land Court to investi- gate the title. A letter is to be written to Mr. Collins including the in- formation submitted in Mr. McSweeney's report. i 379 Selectmen's Meeting July 28, 1975 Mr. O'Connell informed the Board that a request has been re- War ceived from Mr. McSweeney for authorization to accept the proposal Memorial from Morse and Beggs Monument Company, North Attleboro, to wash Refurbishing and wire brush the marble plaque, seal it with Shawsheen Sealer, and paint the inscription on the War Memorial on the Battle Green, in the amount of $850.00. It is recommended that funds for this project be requested from the Trustees of Public Trusts. Upon motion duly made and seconded, it was voted to request the approval of the Trustees of Public Trusts for an expenditure of $850.00 from the appropriate trust fund. Mr. Buse recommended that the water trough at the base of Minuteman the Minuteman statue be reconnected during the summer months. Statue Upon motion duly made and seconded, it was voted to request Trough the Town Manager to make arrangements with the Public Works De- partment to open the connection at the base of the Minuteman statue in order to have a continuous flow of water in the trough during the warm weather. Mr. O'Connell informed the Board that a letter has been re- Charles ceived from the Lexington Tennis Club suggesting that the center Gallagher playground tennis courts be named in honor' of the late Charles Tennis Gallagher. If the Board agrees, Town Counsel and the Town Courts Manager recommend that an Article be placed in the next Warrant. Upon motion duly made and seconded, it was voted to place an Article in the Warrant for the 1976 Annual Town Meeting to name the Center playground tennis courts in honor of Charles Gallagher. Chairman Kenney read a report from Mr McSweeney stating Grammont that his department had reviewed the Grammont Sewer Easement Sewer project and finds that all work has now been completed to the Bond satisfaction of the Town, with the exception of the planting of a maple tree on the Weinstein property. It is, therefore, recommended that the surety in the amount of $3,000 be re- duced to $250 at this time. As an alternative to the bond reduction, it is believed to be satisfactory for the Gram- monts to post a certified check with the Town in the amount of $250 and release the bond entirely. Mr. Buse: reported that he had contacted Mr Grant and was informed that, although he is not happy with the resto- ration of his property, he will finish the work himself. Mr. Grant did feel that Mr. Grammont had tried to cooperate be- cause of blasting and excavating damage. Mr. Bailey: What about Mr. Weinstein? 3S() Selectmen's Meeting July 28, 1975 Chairman Kenney As far as Mr McSweeney is concerned, every- thing has been done Upon motion duly made and seconded, it was voted to release the bond of Ronald G. Grammont and Diana H Grammont, which was given to secure the completion of the sewer project. Also, to authorize the Town Treasurer to release the bond and to deliver to Donald E. Legro, Attorney for Mr. and Mrs. Grammont, the bond and bank book, Account No. 01-42183 held with the Leader Federal Savings and Loan Association, with the understanding that Mr. Legro will hold $250,00 pending a decision on the tree to be planted on the Weinstein property. Upon motion duly made and seconded, it was voted to approve Order for the recommendation of the Director of Public Works/Engineering Construction to sign the Order for Construction of Sewer and the Order of of Sewer Sewer Taking on the following Streets Order for Construction of Sewer: Concord Avenue, from Walnut Street 665 feet, more or less, to Hutchinson Road. Concord Avenue, from Chadbourne Road easterly 440 feet, more or less. Concord Avenue, from Blossom Street a distance of 1,660 feet, more or less, westerly. Walnut Street, from Concord Avenue a distance of 530 feet, more or less, southerly. Wood Street, from Conestoga Road to Boston Edison Co. easement. Order of Sewer Taking: Order of Morris Street, from Winter Street, 320 feet, more or less, Sewer northerly to the end. Taking Rangeway, from Skyview Road, 745 feet, more or less, to end. Intent Upon motion duly made and seconded, it was voted to approve to take the recommendation of the Director of Public Works/Engineering Sewer of an intent ab take sewer easements for a proposed trunk sewer Easements to run from Waltham Street to Concord Avenue. Waltham St Note A recommendation of award of damages was not sub- Concord Ave mitted nor discussed. 111 3 ttS I Selectmen's Meeting July 28, 1975 Chairman Kenney read a report from the Director of Public Winter - Works/Engineering in response to a request from Mr. Paul Winter, Norton St. 6 Norton Road, for reconsideration of his sewer betterment assess- Sewer ment of $548.06 "because the Norton Street sewer was put in by Assessment others and not by the Town." The report states, ".. in this particular instance, we had a contractor who had three lots without sewer and water on Norton Street, for which he needed sewer and water to render them build- able, Although we can find no records to substantiate the facts, the contractor informs us that he was given permission to con- struct sewer and water in Norton Street to service house lots 5, 7 and 9 as long as he bore the expense of construction and built to town standards He also states that betterments were not assessed because he paid for the cost of construction. This work was done in 1963 or 1964 under questionable procedures no longer used by the Town. Chapter 80 was in effect at this time and we feel that betterments must have been assessed and then abated, but we can find no such record. In any case, Mr. Winter is asking for an abatement of a sewer betterment which, by law, must be assessed and perhaps his argument is that what cost the Town nothing should cost him the same. We cannot support this argument. Mr. Winter has requested permission to tie into Town sewer and all users, withfew exceptions, must pay an initial user'`s charge whether through betterment or through actual con- struction cost, or both. In our opinion, Mr. Winter is not an exception and DPW/Engineering recommends that no abatement be granted:" The Board discussed the matter of the sewer having been originally constructed by the contractor and agreed to an abatement of 50 percent. Upon motion duly made and seconded, it was voted to grant an abatement of 50 percent on the sewer betterment assessed to Mr. Paul J. Winter,6 Norton Road, in the amount of $548.06 and, therefore, the amount of $274.03 is due and payable to the Town of Lexington. Mr. Winter is to be so informed by letter. Chairman Kenney read a report from the Director of Public Chessman Works/Engineering in response to a proposal from Mrs. Mary Proposed Chessman for a bike trail at the Hartwell Avenue sanitary Bike Trail - landfill. The report states that, in his opinion, Mr. McSweeney Hartwell feels that the proposal is unfeasible. However, the Recreation Landfill Committee may wish to comment on this. Chairman Kenney We asked the Recreation Committee for recommendations and have been informed that the matter will be discussed at their September meeting. X82 Selectmen's Meeting July 28, 1975 The Board agreed to write to Mrs. Chessman and suggest that she arrange to attend the September meeting of the Recreation Committee to discuss her proposal House Move Chairman Kenney read a report from the Director of Public Betts Works/Engineering in response to a request from D.R. Betts, Idylwilde Rd. Inc. , North Attleboro, to move a house located at 760 Marrett Road (Route 2A) to a new location on Lot #18 Idylwilde Road. The report states that the proposed route has been reviewed and meets with the approval of the Town of Lexington, De- partment of Public Works, and Paul Mazerall, Tree Warden, However, as Marrett Road is State highway, a State permit must be obtained by D.R. Betts, Inc. Also, a $5,000 bond must be posted with the Lexington Department of Public Works. Upon motion duly made and seconded, it was voted to grant permission to D. R. Betts, Inc. to move a house from 760 Marrett Road to Lot #18, Idylwilde Road, subject to a State permit ob- tained by Mr. Betts and the posting of a $5,000 bond with the Lexington Department of Public Works. Chairman Kenney read a report from the Director of Public Semonian Works/Engineering in response to a request from Mr. Diran M. Betterments - Semonian, 504 Lowell Street, for deferment of all betterment Lot A charges against Lot A, Laconia Street until such time as said Laconia St. Lot A is divided or built upon. The report states that Lot A is a large, single parcel with the Semonian home upon it, and it is far from being the empty lot inferred in the letter. It is recommended that the request be denied. Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public works/Engineering that all outstanding betterment charges against Lot A on Laconia Street be retained. Therefore, the request is denied. Traffic Chairman Kenney read a report from the Traffic Safety Com- Signs mittee recommending approval of the request from Mr Lewis C. Mason St. Clapp, 21 Mason Street, for "Caution Children" signs on Mason Street. Upon motion duly made and seconded, it was voted to approve the recommendation of the Traffic Safety Committee for install- ation of one "Caution Children" sign at each end of Mason. Mr. McSweeney was instructed to make arrangements for the installation of these signs. I J 3 3 Selectmen's Meeting July 28, 1975 Members of the Board agreed to attend the garage sale and Re-Place auction to be held at Re-Place on September 27, 1975, and to Auction participate as Auctioneers. The Board again discussed a letter from Mr. David Barton Burglar regarding outdoor burglar alarms being loud and disruptive Alarm to the neighborhood, and it was agreed to request Chief Corr to tighten the surveillance and to write to Mr. Barton and suggest that neighbors might be able to obtain keys to the homes of those with burglar alarms in order to shut them off when they are triggered by accident and no one is home. Mr. Busa reported on the meeting he had attended today at Proposed the Department of Community Affairs as the representative of the AABC Board of Selectmen. Also present were Mrs. Lois Dickerman, Elimination Secretaty of the Office of Consumer Affairs; Edward Harrington, Chairman of the Alcoholic Beverages Control Commission; John Larkin, Executive Secretary of AABC; representatives of Somer- ville, Holyoke and Lowell; members of the Massachusetts League of Cities and Towns, the Massachusetts Selectmen's Association Mr. Busa: It was strictly an informational meeting and nothing was said about the Hatch bill to eliminate the AABC and the regulations and put it back to the cities and towns with the responsibilities of enforcing the licenses and policing of them. I asked what the initial expense is if control is given to the cities and towns, and they had no information. I also pointed out that any appeal would go to the Board of Appeals and this board is appointed by the Board of Selectmen. I also said that the State should still maintain some form of AABC or hearing board who would lay down the rules and regulations and we would abide by them. I strongly state that the cities and towns shouldn't take on further responsibilities and expenses, citing as an example that the State has abolished their in- spection department and given the inspections, i.e. , lead poisoning, back to the cities and towns, which resulted in a tremendours workload and additional costs to us. it was left that Mrs. Dickerman will have a memo prepared summarizing the key issues and this information will be used as the basis of a questionnaire to be distributed to the cities and towns with a request for their views on these issues Chairman Kenney: Pending receipt of the questionnaire, no action will be taken now The Board agreed. Chairman Kenney informed the Board that Mr. McSweeney has re- Willards plied to our request for labor costs involved in closing the woods Willards Woods area. He estimates it would be $202 per week Entrance because of call-back time. Closing 3S4 Selectmen's Meeting July 28, 1975 Mr. Bailey Why couldn't the police department do that? It is a seven nights a week function. Mrs. Battin agreed. Dr. Kessler agreed but with the reservation that it might establish a precedent At the request of the Board, Mr. O'Connell agreed to explain the DPW estimated labor cost of closing the Willards Woods area and to get Chief Corr's views on a lesser cost of accomplishing this. Mr. O'Connell is also to talk with Mr. McSweeney on pro- ceeding with a stone barrier and hitching post. Battle Mr. O'Connell informed the Board that the rules and reg- Green ulations on the use of the Battle Green will be printed and be Regulations made available at the Visitors' Center and given to the Lexington Bicentennial Guides. The Board agreed that Mr. O'Connell is to proceed with the printing. Selectmen Chairman Kenney informed the Board that an application has Insurance been received from Alexander & Alexander, Boston, for renewal of the Selectmen/Town Manager insurance policy. Upon motion duly made and seconded, it was voted to sign the application to Alexander & Alexander for renewal of the Selectmen/ Town Manager insurance policy in the amount of $1,560, for the 111 period of July 1, 1975, to July 1, 1976. Executive Upon motion duly made and seconded, it was voted to go into Session Executive 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 finances and per- sonnel,. it was voted to go out of Executive Session and adjourn. Upon motion duly made and seconded, it was voted to adjourn at 10:00 p.m. A true record, Attest: o � Executive Clerk, Selectmen 1