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HomeMy WebLinkAbout1974-12-30-BOS-min 162 Selectmen's Meeting December 30, 1974 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, December 30, 1974, at 7 30 p m. Chairman Kenney, Messrs Buse and Brown, and Mrs. Battin; Mr O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present At the request of the Town Clerk, six jurors were drawn Jacqueline M. Katzenstein, 8 Fairfield Drive; Lawrence H. Branhall, 277 Lowell Street; Peter P Volante, 67 Bridge Street; James Van Cleve Jurors Potter, 25 Summit Road; Gene Paul Court, 21 Captain Parker Arms; Arlene Doris James, 20 Parker Street, Chairman Kenney declared the hearing open on the petition of the Boston Edison Company to install one pole for electrical service tO Tektronix, Inc Notices of the hearing were sent to the abutters, as shown on Bos.Edsn the plan of petitioner, and also filed with the Director of Public Pole - Works/Engineering Bedford Mr Robert Blake, Boston Edison Company This proposed pole is St. - on the same side of Bedford Street as the building it will service. Tektronix Being a State highway, we have already applied for a State permit. Chairman Kenney read a recommendation from Mr Coscis, DPW Manager, that permission be granted. No one appearing in favor or in opposition, the hearing was declared closed Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison Company for the following location Bedford Street, southwesterly side, approximately 206 feet edutheast of Hartwell Aveune, one (1) pole 6/96A. Mr. Louis Lehner, Chairman of the Town Report Committee, met with the Board to recommend the award of the contract for printing the 1974 Town Report 1974 Town Mr Zehner Four bids were received, the highest of whkth was Report $21,590 The lowest bid from Martin Printers at $7,427 looked Coptract attractive but was withdrawn as the specifications wane misread. Semline, Inc bid $8,017 and Acme Press bid $7,995. Our relation- shipwkehSemline has been very happy and the work has been of a very high quality Although it is in excess of the low bid by $22, I recommend that the Selectmen approve Semline. Mr O'Connell I am in full agreement with his recommendation on Semline I 163 SelectMen's Meeting December 30, 1974 U 'on motion duly made and seconded, it was voted to award the contract to Semline, Inc. of Braintree for the printing of the 1974 Town Report in the amount of $8,017. Ma� O'Connell requested that the Board vote to close Town Offices on January 15, 1975 as an additional holiday, Martin Luther King Day Holiday - Upon motion duly made and seconded, it was voted to close Town Malar®m L Offices on January 15, 1975 King Day Mr O'Connell informed the Board that the Energy Conservation Program is developing speed again and the government will ask for local action It is someahing we should be working on. A letter was received from the State energy policy office asking the Town to Energy create a home heating assistance counsel The Town made plans last Conserve- year but didn't implement them. They are asking that we designate tion an agency or individual for local problems, for people who can't afford it because the oil is too expensive I would point out that it is completely unfair as tt points to welfare but they think it is a local problem. I don't know of any funds and I think we should start at the beginning and make facts clear that there is no solution at the local level. Mr. Buse: We could write back that we don't have an office nor ` finances. Welfare is under the State and unless they want to fund local cities and towns, we would be unable to cope with it Mr O'Connell The Charitable Trust Fund is handled by the Trustees and funds released by the Selectmen but I think we would have legal trouhlb •thf we attempted to use taxpayers funds We have neither the authority nor the legal right I will bring back re- commendations to the Board. Mr O'Connell discusse&I the Sate Census. The customary census is taken on January 1, 1975 and the State Census is a separate one to be taken on March 1, 1975, as outlined in the letter from Secretary State Guzzi. The Town Clerk believes that it would be physically impossible Census for her office to do this one because of the annual election and the preparation for Town Meeting; plus updating the list of citizens 18 years or older Chairman Kenney Why do they want us to do it again in March? Mr O'Connell The State Census is on the basis of domicile inffi habitants and January 1 is on the basis of residents. Chairman Kenney Do they want March in order to have data avail- able for redistricting for the House? Mr O'Connell Yes, and it is to be all done by December 31, 1975, for a census report to the Legislature I hope what we did on the nine precincts puts Lexington in an adequate position for a 10 year period We have no redistricting problem in 1975 and won't see 164 Selectmen's Meeting December 30, 1974 that much of a population change. Reimbursement is based on population, and Itnnot sure that we have been paid for the last one yet Our information is some!ahat limited now and we will have to wait and see The Board agreed Mr Busa left the meeting at 8 00 p.m. and, therefore, did not Busa participate in any discussion of the following item. Realty Trust Mr Cohen discussed bn agreement with Busa Realty Trust for tax title lots on Circle Road Mr. Cohen: On April 14, 1966, the Board of Selectmen entered into an agreement with the Busa Realty Trust, Alfred S Busa and Daniel P. Busa, to sell tax title lots on CirLle Road to them. The agree- ment was carried out except on three tax title lots because fore- closure was involved; it was registered land and, because of legal complications, the sale could not take place until a court denree was obtained The Land Court finally said that Lexington now owns these lots, and we should honor the agreement If the agreement is signed, I will have to get a check for $600 from the Busa Realty Trust. Chairman Kenney What was the reason? Mr Cohen The Town had not foreclosed them properly Upon motion duly made and seconded, it was voted to sign the following agreement for the sale of tax title land on Circle Road to Busa Realty Trust The Town of Lexington, a municipal corporation in Middlesex County and Commonwealth of Massachusetts, acting by its Board of Selectmen, under and by virtue of the Town Meeting held March 16, 1953, a copy of which is hereto annexed, and every other power, for $600 00 consideration paid, grants to Alfred S Busa end Daniel P. Busa, Trustees under a Declaration of Trust entitled "Busa Realty Trust", dated May 7, 1959, recorded with Middlesex South District Registry of Deeds, Book 9370, Page 108, (address of grantee 38 Circle Road, Lexinton, Massachusetts 02173) a certain parcel of land situate in said Lexington, bounded and described as follows Westerly by Circle Road, seventy-five (75) feet; Northerly by lot numbered two hundred and thirty-eight (238) as shown on plan hereinafter mentioned, ninety-two and 11/100 (92.11) feet; (n� p..y V Q� 111 Selectmen's Meeting December 30, 1974 Southeasterly by lots numbered two hundred and fifty- five (255) and two hundred and fifty-four (254) on said plan, seventy-five and 42/100 (75 42) feet; and Sotherly by lot numbered two hundred and forty-two (242) on said plan, eighty-four and 23/100 (84.23) feet Said parcel is shown as lots numbered two hundred and thirty- nine (239) two hundred and forty (240) and two hundred and forty-one (241) on said plan All of said boundaries are determined by the Court to be located as shown on a subdivision plan, as approved by the Court, filed in the Land Registration Office, a copy of which is filed in the Registry of Deeds for the South Registry District of Middlesex County in Registration Book 68, Page 13, with Certificate 9979 All b , the above described land is subject to the easements set forth in a deed given by Stephen Robbins to Silas Cutler, dated August 21, 1845, duly recorded in Book 470, Page 135, so far as in force and applicable The premises described herein are conveyed subject, for a period of ninety-nine (99) years from the date hereof, to the restriction that for purposes of building each lot shall be combined with those owned by said Trustees so that no combined lot shall have a frontage of less than seventy-five (75) feet on Circle Road, and that only one building, together with customary accessory buildings, shall be erected, placed or maintained on any combined lot Provided that each such combined lot shall have a frontage of at least seventy- five feet on Circle Road and shall have a substantially uniform width of at least seventy-five (75) feet, the foregoing shall not be con- strued to prohibit the combination of parts of lots with other lots hereby conveyed or lots owned by said Trustees. The grantor's title to the premises herin described is re- presented by Certificate 145299 filed in said Registry District in Registration Book 856, Page 149; and title was acquired by the grantor by foreclosure of the right of redemption after the taking of the property for unpaid taxes There has been full compliance with the provisions of Section 63A of Chapter 44 of the General Laws, as inserted by Chapter 247 of the Acts of 1955. 1i& Selectmen's Meeting December 30, 1974 IN WITNESS WHEREOF, the name of the Town of Lexington has been hereto affixed, and this instrument has been executed in its name and on its behalf by a majority of the Board of Selectmen and counter- signed by the Treasurer of the Town of Lexington and seaidd with the Town seal this 30th day of December , 1974 TOWN OF LEXINGTON Countersigned By Allen F Kenny Louis A. Zehner Town Treasurer Sanborn C Brown Margery M Battin Majority of the BOARD OF SELECTMEN Mr Busa returned to the meeting at 8:05 p m. Mr Cohen requested the Board to sign the receipt of a deed Hamilton of a gift of land from Stephen W Hamilton for a Conservation Conservation easement Easement Mr. Cohen This is land on Juniper Hill, off Concord Avenue, Juniper Hill and the Conservation Commission worked out an agreement with Mr Hamilton and he is giving us an easement. Upon motion duly mac and seconded, it was voted to sign the following KNOWN ALL MEN BY THESE PRESENTS Stephen W Hamilton and Jacqueline R. Hamitlon, the owners of the premises described in Certificate of Title 143445 in Registration Book 847, Page 95, for nominal consideration an as a gift, agrees with the Town of Lexington, a municipal corporation of Middlesex County, Commonwealth of Massachusetts, (address of grantee: Town Office Building, 1625 Massachusetts Avenue, Lexington, Massachusetts) , to hold the following described parties of said premiere subject to a conservation restriction hereinafter described: That portion of Lot 83 on Land Court Plan No 22262M, a copy of which will be filed with Middlesex South District Land Records, which is locatd Northerly of the line which is drawn between a point in the Easterly line of said Lot 83 which is 157 15 feet Southerly from Concord Avenue, and a point on the Westerly line of said Lot 83 which is 234 16 feet Southerly from said Concord Avenue; and that portion of Lot 82 on said Land Court Plan which is located Easterly I 161 Selectmen's Meeting December 30, 1974 and Southeasterly of the Easterly and Southeasterly line of the twenty foot sewer easement as shown on said plan (Hereafter collectively referred to as "said parcels" ) The terms of this conservation restriction are as follows that neither we nor our successors or assigns will perform the following acts or permit others to perform them without first ob- taining the consent of the Lexington Conservation Commission, hereby granting to the Town the right to enforce these restrict- ions against all persons 1 No building, sign, outdoor advertising display, fence, mobile home, utility pole or other temporary or permanent structure will be constructed, placed or permitted to remain on said parcels 2 No sand, gravel, rock or other mineral substance, refuse, trash, vehicle bodies or parts, rubbish, debris, junk, waste or unsightly or offensive material will be placed, stored or dumped thereon 3 No loam, peat, gravel, sand, rock or other mineral re- source or natural deposit shall be excavated or removed from said parcels in such a manner as to affect the surface thereof. The foregoing restriction is authorized by G.L c.184, s.31- 33, and is intended to retain said parcels predominantly in its natural, scenic and open condition, in order to protect the natural and watershed resources of said Town The restriction shall be administered by the Conservation Commission of said Town, es- tablished under Chapter 40, s 8C of the Massachusetts General Laws as amended. The conservation restriction hereby conveyed does not grant either the Town or the public any right to enter upon said parcels except as follows 1 The Grantor grants to the Town a permanent easement of access to enter said parcels, by its Conservation Commission, for the purpose of inspecting said parcels and enforcing the foregoing restrictions and remedying any violation thereof. The right hereby granted shall be in addition to any other remedies available to the Town for the en- forcement of the foregoing restrictions. 2. The Grantor grants to the Town a permanent easement to enter said parcels, by its Conservation Commission or its designees, to clear and clean the brook on Lot 82 1_6S Selcetmen's Meeting December 30, 1974 No documentary stamps are needed for this instrument, this II/ instrument, this conveyance being a gift to the grantee Witness our hands and seals this 29th day of November, 1974 Stephen W. Hamilton Jacqueline R. Hamilton APPROVAL BY SELECTMEN We, the undersigned Board of Selectmen of the Town of Lexington, hereby certify that we approve the receipt of the foregoing deed under GL. c 40, s 8C, as it has been and may be amended, as requested by a vote of the Conservation Commission of the Town, for the protection of the natural and watershed resources of the Town Allan F Kenney Alfred S Buse Sanborn C. Brown Margery M. Battin ' Resignation The Board agreed to accept the resignation of Richard Wauln Youth Upon motion duly made and seconded, it was voted to accept, Advisory with regret, the resignation of Richard Waah}mna as a member Commission of the Youth Advisory Commission, representing the First Church of Christ Scientist. Middlesex The Board discussed representation on the Middlesex County Advisory Advisory Board and it was agreed that Chairman Kenney would Board attend all meetings and represent the town Upon motion duly made and seconded, it was voted to sign Common Victualler licenses for the folebo' ing 1975 Common Muffin House of Lexington d/b/a Pewter Pot Muffin House Victualler Old Lexington Restaurant Inc. d/b/a Mario's Licenses Geoffroy's Pharmacy, Inc. Daniel Martinez - Hayden Skating Rink Bellino's Bakery, Inc. Peter's Delicatessen The Dunfey Family Corporation d/b/a Sheraton Lexington Motor Inn ', I Selectmen's Meeting December 30, 1974 Pine Meadows Country Club Lexington Enterprises, Inc. Bora-Bora, Inc. Friendly Ice Cream Corp. George R. Reed & son, Inc. Battle Green Inn Walnut Farm Trust d/b/a Powder Horn Golf Club Lexington Golf Club, Inc. Alexias Panagiatou d/b/a Alexander's Pizza Folsom's Seafood of Lexington, Inc. David M. Feathers d/b/a Brewster's Upon motion duly made and seconded, it was voted to sign the 1975 1975 Class I license for Lawless Mawhinney Motors, Inc., 518 Marrett Class I Road. (renewal) License Upon motion duly made and seconded, it was voted to sign the 1975 Club Liquor License forrthe Lexington Golf Club, 55 Hill Liquor - Street. (renewal) Lex. Golf Club Upon motion duly made and seconded, it was voted to sign the following Common Victualler All, Alcholic Beverages Licenses for 1975 (renewals) Liquor t RHD Realty & Development Corp d/b/a Battle Green Motor Inn rants Bora-Bora, Inc. Lexington Enterprises, Inc. d/b/a Peking Gardens Resau- LeBellecour, Inc. The Dunfey Family Corporation d/b/a Sheraton-Lexington Motor Inn Chairman Kenney informed the Board that a request has been Sheraton received from the Sheraton-Lexington Motor Inn for an extension of Lex. Inn hours from 12 00 Midnight to 1 00 a.m. on New Year's Eve. Also, a blanket request for an extnnsion of hours to 1:00 a.m. Upon motion duly made and seconded, it was voted to grant permission to the Sheraton-Lexington Motor Inn for an extension of hours of operation to 1:00 a.m. on New Year's Eve Upon motion duly made and seconded, it was voted to table the request for an extension of hours of operation to 1:00 a.m. on each day. Upon motion duly made and seconded, it was voted to sign the Sheraton Entertainment License for Sheraton-Lexington Motor Inn. (renewal) Lex. Entertain- The Board discussed a letter from Mrs Jane Berchtold, Chair- meet man of the School Committee, giving an estimated increase of $1,836,000 (14%) in the 1975-76 school budget Also stating that School they are waiting a ruling from the State Department of Education Budget as to whether or not Chapter 766 income received in 1974-75 can be used to reduce the appropriation for 1975-76 and, if so, the total requested will be adjusted. Selectmen's Meeting December 30, 1974 Mr. O'Connell: If the State grants, on the Cherry Sheet, more money that the School Department spends on Chapter 766, the Town doesn't receive the money. It can't be used for anything else. Mr. Busa There is not much we can do as they are autonomous but in reading the newspaper about the Minuteman Regional School, their budget should be equal to last year. I don't know how the school committee will justify an increase of over $1 million; there is a decrease of 350 to 400 students (attending Minuteman Regional) . Unfortunately, we have no recourse, but this Board has to justify and stabilize the General Government budget Chairman Kenney I find this extremely disturbing. It is a proposed increase of $9.00 on the tax rate With 300-400 less students, their teacher number go down. I do hope the School Committee would seriously consider reduchlig~ the number of teachers to the number of students they have this year. Minuteman Mr. O'Connell: For public information, we have just re- Regional ceived the proposed budget from the Minuteman Regional School School I assume that Lexington will furnish its full quota of students. Budget The capital assessment will remain substantially the same but operating expenses will double; we will see a sharp, additional burden there. Chairman Kenney: We have one voting member on the committee. Does the Appropriation Committee intend to go into their budget in great detail? Mr. O'Connell: Yes, I believe Don White is the representative of the Towns' Finance Committee. Chairman Kenney Would you convey to the Appropriation Committee that if, after they review it, they feel the budget is out of line, then we will meet with them? Mr. O'Connell.agreed. Mr. Irving Mabee, Mrs. Judy Zabin, Mrs. Margot Tutun, and Recreation Mr. Daniel Busa, Chairman of the Recreation Committee, met with STudy the Board to discuss the establishment of a Recreation Study Committee Committee. Mr. Mabee The reason that I am here this evening( is to assist the League of Women Voters in presenting a suggestion to the Selectmen for a change in the Town by-laws Because I was approached by the League to do this and because I wholeheartedly approve of the proposed change, I am glad to make this presentation. The suggested changes are in reference to the Town Recreation Committee. First of all, let me state emphatically that the suggestions for a change do not in any way relate to --the individuals who make up the membership of the Recreation Committee, either in the past or in the present. It is my conviction that past and present chairman, members of -the Recreation Committee, the Director, and the many part-time employees of the committee have served the Town conscientiously and with imigination and innovation. How- ever, I think we should ask ourselves the question, "Who is responsible for Town Recreation Policy?" Selcetmen's Meeting December 30, 1974 Presumably, the Board of Se16-ct3n73n is ultimately responsible for the recrnational policy, but the Town Manager Act places an embarrassing burden on the Town Manager, as it required him, and him alone, to appoint a Recreation Committee, who either makes policy or recommends policy to the Board of Selectmen, who in turn, expects the Town Manager to implement this policy. So we currently have a delicate situation, in whibh the top admin- strative employee of the Town, the Town Manager, is unreasonably burdened with the requirement of appointing a quasi-policy making Board, from whteh the policy is formulated and, once formulated, is directly or indirectly held responsible for implementing that policy. The present method, although it involves in some:. capacity the Selectmen, theTown Manager, and the Recreation Committee, goes all the way around "Robin HooMs" Barn" and still leaves the question as to who is responsible for recreation policy The League of Women Voters of Lexington, after a study of town recreation in 1969-70 and a more recent study of the function- ing of the Selectmen/Town Manager Act from 1972-74, has. reached a consensus that the Town By-Laws should be changed to make the Recreation Committee responsible for setting recreational policy and that the Manager Act be also changed to make the Selectmen, and perhaps the Manager as well, responsible for appointments to_ the Recreation Committee As a step in the direction of accomplish- ' ing this, the League is seeking to have the Selectmen appoint a broad-based committee of townspeople to investigate this proposition and to make receommendations to the Selectmen and the town as to what changes should or could be effected. Hopefully, this bto ad-based study committee would investigate the function, the powers, the responsibility, the structure, and the method of appointment of the Lexington Recreation Committee; and report to the Selectmen in time to incorporate any recommended By-Law changes the Selectmen deemed desirable in an Article for the 1976 Annual Town Meeting. The League of Women Voters suggests the study committee be composed of one member of the Board of Select- men, Planning Board, Recreation Committee, School Committee, League of Women Voters, Friends of Recreation, and three members of the community at large When one considers the problems of the Town as a whole, the problem that I present to you now, if you agree that there is a problem at all, must seem insignificant indeed However, the activities and programs of the recreation committee affects a great mumber of our citizens and has become an increasingly im- portant part of the services expected by our community While we could continue under our present system satisfactorily, in my opinion, there is room for improvement I do hope, therefore, that you as a Board will appoint the committee suggested and follow through on any recommended changes such a study committee may make 172 Selectmen's Meeting December 30, 1974 Mrs. Battin I would like to endorse this. As I worked on the Selectmen/Town Manager Act, I feel this is tidying up some- thit$ that is long oveddue. I think hhe people involved are good, too. After discussion, the Board agreed to examine the charge and make-up of the committee, and to make. a decision as to the appoint- ment of such a committee Mr Mabee, Mrs Zabin, Mrs. Tutun, and Mr Daniel Buse retired from the meeting Chapter 90 Chairman Kenney requested the Board to sign the form from the Reimburse- State Department of Public Works for reimbursement of $6,000, as ment submitted by Mr McSweeney. Upon motion duly made and seconded, it was voted to sign the application to the State Department of Public Works for reimburse- ment in the amount of $6,000 for Chapter 90 maintenance of various Chapter 90 roads in Lexington Mr Willard Grush, Chairman, Mr William Potter and Mr. F. Bd. of William Smith, members of the Board of Assessors, met with the Assessors - Board to discuss revaluation of real estate Revaluation Mr Grush It has been pointed out to us_ that we should be prepared for revaluation at some time in the future Obviously, it cannot be in the near future because we could not enter into a contract with a revaluation firm during the fiscal year if no monies were to be appropriated at the March 1975 Town Meeting. Until then, it would be subject to an early date of July 1, 1976. In /gadding the court decision, updating would result in the ex- pansion of the capabilities of the Bureau - and this applies to Corporation and Taxation A reasonable estimate of time for this approach is four years As you are aware, the State Tax Commission is required to set every even year bi-annual equal ratio for 350 cities and towns On the list of January 1, 1974, the Lexington ratio was established at 55 per cent. I don't think it would be physically possible to have complete evaluation in effect to be used on January 1, 1976, so I must obviously agree with the court that the four year period is probably the optimum, namely January 1, 1978 I think it is advisable to consider putting into the budget an appropriation for the next three or four years one-third or one-fourth of what we might anticipate a revaluation cost to be Our Board favors putting in $30-$35,000 in anticipation of what revaluation would cost the Town something within the next three or four years Mr O'Connell I am in general agreement and think the oily current problem facing the Town is whether or not the money should be provided in the upcoming budget If it is to be provided with- in the next three to five years, I think it would be a good time to start This is a good illustration of where stabilization fund comes in handy If faced with $100,000, we would be advised to ask Town Meeting to put it in i71 Selectmen's Meeting December 30, 1974 111 Chairman Kenney Are there going to be enough firms available? Mr O'Connell That would be another reason to have the money Chairman Kenney Have you given any thought to the possibility that the turmoil caused may precipitate bills in the Legislature to change the ground rules? Mr. Grush Yes If we start off with the appropriatiion, it would give us the latitude to go in any direction If we don't need it, don't spend it Chairman Kenney Politically, it is a highly volatile situa- tion Mr. O'Connell Another possibility is that a broad require- ment would produce a semi-uniform method of doing it that most communities would use - a semi-standard computer-based method. Mr Grush With a computer, it could be updated annually Chairman Kenney Even if we had money for full evaluation, I would recommend that we go slowly for the next few months Mr Grush We agree with you completely but we do feel we would like to have the latitude if it is so indicated Mr O'Connell We have anticipated an article in the Warrant and you can walk up to this, depending on bills in the Legislature, and who takes whom to court and the likelihood of delay in court action Chairman Kenney We understand your recommendation, and that you are warning us to be aware of the new law We have an article in the Warrant and we will walk up to it The Board of Assessors retired from the meeting. Upon motion duly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing, deliberating, Session 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 Upon motion duly made and seconded, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjurn at 10 15 p.m. A true record, Attest Executive Clerk, Selectmen t. I I PAGES 174 - 176 V 6 I D E D DUE TO ERROR I