HomeMy WebLinkAbout1974-12-16-BOS-min 153
SELECTMEN'S MEETING
December 16, 1974
Alregular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, December 16, 1974,
at 7 30 p m. Chairman Kenney, Messrs Bailey, Busa and Brown, Mrs
Battin; r. O'Connell, Town Manager; Mr Cohen, Town Counsel; Mrs
McCurdy,JExecutive Clerk, were present
Memibers of the Committee on Aging of the Lexington Council of Con- Counsel
gregations, met with the Board to request the Selectmen to consider en- on Aging
dorsing an Article for the Town Warrant that would establish a local Article
Council on Aging, under the provisions of G L Chapter 40, Section 8B
Rev Shirley Goodwin We have explored the activities of other
councils. that have been operatingconsidering
a number of years When con ing
the aspects of a Council on Aging in Lexington, a small committee was
formed donsisting of people working with the elderly and also with the
Council of Congregations, to study the needs of the aged in Lexington
Of the 350 cities and towns, there are 240 councils on aging, whibh
indicates there is a real function to perform and a real need to be
fulfilled. There are 4270 people over 60 years of age in Lexington
and 2494 over 65 We request that the Board endorse and consider this
Article for the Warrant. Another special function is the council re-
lationship to the state and federal programs and, as a Council of the
Town, we would be eligible to receive funding It is difficult to pick
out any particular community as an example of process, program or fund-
ing The character is determined by the local people themselves Wel-
lesley chid send us a newsletter regarding the activities of their
council and there is a listing of 34 merchants cooperating in giving
discounts to the elderly In our local organization, we have four co-
operating merchants, which gives you an idea of what a Council on Aging
can do to satisfy the needs of all aging people in the area.
Rev Zoerheide I talked with Concord and I have material from
Wellesley, Needham and Winchester I explored this regarding a budget
model and what the performance is Concord is using the Council
chiefly in the way of an administering program, such as meals on wheels;
this is not our intent Some councils come in with a modest budget fig-
, ure and it hasn't changed in years Needham has not changed, but Arling-
ton has a huge budget. We have thought about the character of Lexington,
based on our study of two years and, on that basis, we have agreed upon
a budget request for a Coordinator at $2,500, or at a rate set by the
Town; Concord sets the rate between $3-3 50 per hour, classified as a
Clerk It would probably be $500 for telephone and office supplies, also
for a newsletter and mailing (This is the key to communicating with
2,000 people in the Town in reaching them by a newsletter We view this
as the ]fey part of the program; with possibly six mailings at $750 per
year Many people aren't even able to subscribe to a newspaper )
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Selectmen's Meeting December 16, 1974
$200 for travel, to visit other councils and area meetings The State
Department of Community Affairs has $2,000 to start up with equipment
and furnishings, but not salaries The monies available are starter
monies but would only be available if you have a council
Chairman Kenney What is Arlington's annual budget?
Mrs Zoerheide They will be applying for $60,000
Rev Zoerheide We are interested in using the schools for mimeo-
graphing We base our request on office space for free and volunteers
to work with the council, and that is the area of growth we would con-
sider
Mrs Battin Are you thinking of staffing with senior citizens
as coordinators?
Rev Zoerheide That is a decision we can't make It would be
done by the council It would depend on what you are able to get with
job qualifications; if they are good, we would say, "great " We
wouldn't want to be pinned to that.
Mr O'Connell Clarify the legal status Who is his employer?
Rev Zoerheide I believe he would be an employee of the Council
on Aging
Mr. McCrea, Regional Coordinator-Dept. of Community Affairs Yes,
as a member of the Council on Aging
Mr. O'Connell Is he eligible under the state retirement system?
Mr McCrea He is a state employee
Mr O'Connell Is that employer eligible for the state retirement
system? This helps define the legal status
Mr McCrea I am afraid I am not able to answer The question is,
"Are part-time employees eligible for that which you specify?"
Mr O'Connell There will be a host of questions
Mrs Battin We could check with Concord.
Mrs Zoerheide In Burlington and Woburn, they are considered town
employees, although they answer to the Council on Aging
Mr O'Connell I question whether that is legal
Mr Scanlon They would have to work 25 hours or more
Rev. Zoerheide This we would not view with practicality; we are
thinking of not more than 12 to 14 hours a week
Chairman Kenney Mr O'Connell is trying to zero in on who is re-
sponsible for this employee, and if he is responsible in some way to the
Town Manager That is why we are attempting to define the legal status
Rev Zoerheide If the Selectmen approve it, this is something
the Selectmen would have to work out
Mrs Battin To answer in terms of the Town Manager Act, the Coun-
cil on Aging would set the policy, but it would be under the Town Manager
Mr O'Connell In that case, he would be an employee
Mrs Battin The Council would set the policy and he would carry
that out
Mr O'Connell Is this budget intended to be in addition to what
the Town spends on the elderly or instead of?
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Selectmen's Meeting December 16, 1974
Rev Zoerheide There again, the Selectmen would have to answer
If some of the funds that were presently used, if the Selectmen feel
would appropriately be Applied, that is a policy we would hot want
to make This is something the Selectmen, in their wisdom, would
hesitate to invade
Mr O'Connell I didn't understand the mailing to 2,000 people
Mr. Zoerheide There are 2,500 people who are 65 or over, 200
of whorl are not actively engaged
Mr O'Connell You mentioned $700 for six mailings; it would
run $1,000 juft for the postage Or is that just the printing cost?
The Town is currently absorbing $500-600 in a newsletter to the
elderly
Rev Zoerheide It is our hope we could get a mimeographer from
the To' n or the schools We don't have the program so we couldn't ask
for it There is a lot of hope that the Town could cooperate with the
mailings It is too bad if it is judged by a figure which is too low
Mr O'Connell That is what I meant
Rev. Zoerheide Unless it were dovetailed by something else
Chairman Kenney to Mr O'Connell What is the membership now?
Mr O'Connell Between 500-600.
Mr Greeley. I believe we could call on the resources of the
IIICommittee and we could stay within the budget
Rev Zoerheide In Winchester, they have already achieved a co-
ordinated newsletter that serves all the aging This, we could do and
cut the cost. This would depend on the spirit of cooperation
Chairman Kenney Get us additional information for a typical
budget for other towns like Wellesley and give us one paragraph on
what their program is so that we would have an idea
Rev Zoerheide We have it but hesitated to give it to you be-
cause we don't have any such contemplation
Mr Bailey There is no problem of this Board supporting you but
there is a problem in how far we go in supporting the funding
Rev Goodwin We will get the material for you
Chairman Kenney We will insert an Article in the Warrant for the
establishment of a Council on Aging and we will look at the status of
employees in terms of the Town Manager Act. When it goes to- Town Meeting,
we would expect you to be prepared to carry the Article This is a new
proposal and will take a great deal of explanation to Town Meeting Members
Members of the Committee on Aging of the Lexington Council of Aging
retired from the meeting
Mr Robert Tarlin, Bicentennial Director, and Mr Roland Greeley,
Bicentennial Committee, met with the Board to discuss emergency trail- Emergency
er parl$ing Trailer
Mr Greeley Town Meeting authorized the construction of emer- Parking
gency camping facilities on Town-owned land and appropriated $3,500 for Area
FY 75, Iwith the understanding that there would be funding of operations
in FY 76. I would estimate another $3,000 for operating beyond FY 75
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Selectmen's Meeting December 16, 1974
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Mr O'Connell I agree with $3,500 but I believe Town Meeting said
that would be all they would appropriate
Mr Tarlin But we said that we must have money
Mr O'Connell They heard you but didn't take action
Mr Greeley The recommendation was to be on the condition to have
emergency facilities to accommodate the demand We feel there is less
likelihood now than we did a year ago I don't see how anyone could say
it would be needed or not be needed We hope there would be enough
volunteer offering of driveways pursuant to the zoning change and a
clearing house operated by the Chamber of Commerce that would take care
of emergency needs on driveways of citizens There was an amendment on
Town Meeting floor that made the availability of those driveways, sub-
ject to the condition there would be no charge for them. We are of the
opinion that probably the Town could get by without an outlay for the
High School parking lot to provide for these facilities, but to provide
through private properties or by using the back of the Police Station or
school building parking space, as is currently done in emergencies now
Mr O'Connell is less optimistic than we are that emergency needs can be
provided without special facilities Our biggest concern is the word-of-
mouth advertising if we develop a facility and create a negligible demand
for the use of the facility, and we don't see a clear way of keeping that
demand down We are concerned about the amount of control we would have
We feel sure that the Town doesn't want to run a commercial trailer facil-
ity
but don't see how we can limit it On the other hand, we could be in
a position to take care of only self-contained trailers in driveways and
out back here Those that need electricity and water hookups could not
be accommodated I am trying to give a balanced picture
Mr Bailey How do you interpret the Town Meeting vote - as per-
missive or mandatory?
Mr Greeley My interpretation is "authorization" but I do not have
the wording
Mr O'Connell My interpretation agrees with Mr. Greeley's If
the Committee felt it had a mandate, they now have a different judgment
Town Meeting was not mandating this but said, "If you need the money, here
it is " The initial thinking in my view, was that it may be consistent to
say that all we are providing is emergency; to supply water, sewer and
power, that is permanent If providing for a stranded camper, all we could
do is supply space If it is an emergency, I don't think the area has to
be that handy to the Center Perhaps the whole thing could be met if we
allocated a paved, lined area and to continue what we are doing now but
only on a larger scale, or try to deal with the stranded camper
Mr Greeley There are three major costs involved, (1) the installa-
tion of services of water, power and, maybe, sewer; (2) when we talk of
the location, the important factor is policing We think we should not
go into it with custodial services during the night, and that would be
the third basic factor If these are not needed, would some place like
the 'High School be sufficiently well lighted or visible? The place out
back here, however small, is easier to police
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Selectmen's Meeting December 16, 1974
Chairman Kenney That still may be the best place
Mr O'Connell We may be subject to the EPA revised control laws
If the Police put vehicles in there to solve some traffic hazard, that
would make a difference
Mr Greeley I agree to using the High School but don't know the
problems In Town Meeting, we talked about having someone there at
night but if we do not supply services, we don't need him If just park-
ing there for the night, I think it would fill the bill
Chairman Kenney to Mr O'Connell How many are parking out back
now?
Mr O'Connell One or two a night. Providing running water would
be no problem. The Town has a problem it is going to have to answer
about a. sewage disposal arrangement Just to take care of private park-
ing, on, the matter of power, I think it could be done but if it is,a
matter of true emergency, the more hookups you have, the more inviting
it becomes
Mr Bailey What are the possibilities of walking up to this as
we go along? To use this area as "the" area this year and the minute
we get into trouble you could probably cause some other area in the Town
to be "the" place We should have some central disposal place
Mr O'Connell Yes
Chairman Kenney: The only thing you wouldn't have would be FY 76
money Maybe we could hold over the $3,000
Mr O'Connell If just a little of this was spent for a water tap,
you would have much money
Mi. Tarlin You are on the way to providing a dumping station; Mr
McSweeney verbally told me he will do it at the Barn What we are talk-
ing about is an emergency place and this requires no running water or
power, and also means some place to go late at night I agree with Mr
Bailey of walking up to it, and provide no power, and they could come in
at 8, 9 or 10 .m. and be out
P by 6 or lam , at the latest 7 30; and not
interfere with daily traffic They might be unhappy to get out by 7 or
7 30 but it is an emergency area If there is not sufficient space in
back of the Police Station, I would say it should be in the area but moved
out a bit
Mr O'Connell Who would police it?
Mr Tarlin A Policeman
Mr O'Connell No, they don't police it
Mr Tarlin I meant just as they police every street in Town
Mr O'Connell Nobody tells them to get out - at no time
Chairman Kenney We can walk up to that element when we get to it
Mr Tarlin If we do anything on a formal basis and other towns
are not establishing them, they will say, "Lexington has one 11
M$ O'Connell I think the Information Center can handle it
Mr Greeley If this is a concurrence, we won't ask for money in
the FY 76 budget. We can walk into this and do better than break even
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Selectmen's Meeting December 16, 1974
Mr O'Connell I believe the Board of Health would ask us to
have running water
Mr Greeley Are there taps on the High School building?
Mr. O'Connell Yes
It was agreed by all that the Bicentennial Committee would not re-
quest funds for FY 76 camping facilities
Mr O'Connell advised the Board that we have finally received ap-
Additional proval from Civil Service, after two painful years of difficult delays,
Policemen for six permanent Police Officers Additionally, we are awaiting
approval to transfer into Lexington a very promising man with three
years of police experience These six, plus the transfer, will fill
seven of the vacancies in the Police Department
Mr O'Connell informed the Board that the resignation of Mr Paul
Personnel Sidman has been received
Advisory Upon motion duly made and seconded, it was voted to accept, with
Board regret, the resignation of Mr Paul Sidman as a member of the Personnel
Advisory Board
Mr O'Connell informed the Board that he had conducted a meeting
with representatives of the People's Bicentennial Committee-Randy Barber
People's and Pamela Shea, Mr Busa, Chief Corr, and Mr Tarlin Mr Barber ex-
IBicentennial plained that there would be two kinds of a Bicentennial observance on
Committee April 19, the one which the Town planned and the one which they plan as
a preliminary protest We explained the procedures in applying for
approval of activities and specifically asked them to apply to the
Bicentennial Committee for participating in the parade and to put on
skits That their application would be given consideration under the
same criteria as others We also explained the method of applying for
consideration of the literature booth and for applying to the Board for
permission to use Hastings Park
Chairman Kenney I agree with the procedures you are requesting
that they follow The Town Board or Commission which has to make the
recommendation could, and should, look at the merits of each request
Our primary responsibility is to the people of Lexington Is he going
to proceed and apply to the Bicentennial Committee?
Mr O'Connell That is up to them
Burri Land - Chairman Kenney read a request from Town Counsel to sign the deed
Reconveyance conveying part of Holland Street back to Mr and Mrs Lucidino Burri, in
accordance with the vote of the 1974 Annual Town Meeting-Article 62
Upon motion duly made and seconded, it was voted to sign the follow-
ing deed reconveying a portion of Holland Street to Mr and Mrs Lucidino
Burri, 14 Holland Street, Lexington
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1eei9
Selectmen's Meeting December 16, 1974
"!Phe Town of Lexington, a municipal corporation in Middlexex County,
Commonwlealth of Massachusetts, acting by and through its Board of Select-
men undier and by virtue of the power conferred on it by a vote of the Town
Meeting duly called, warned and held on March 4, 1974, namely at an ad-
journed session held on April 22, 1974, a copy of which is hereto annexed,
and every other power it hereto enabling, for consideration of One Dollar
($1 00) paid, grants to Lucidino Burri and Marguerite Burri, as tenants
by the entirety, all its right, title and interest in and to a certain
parcel of land situated in said Lexington, bounded and described as
follows,
Bleginning at a point on the southerly sideline of Holland Street,
said point being N 44°-58'-11" W distant 54 82 ft from the point of
intersection of a non tangent curve of 33 00 ft. radius and 43 59 ft
length; thence N 46°-53'00" E distant 40 29 ft. to a point on the
northerly sideline of Holland Street; thence N 30°-39'-35" W distant
30 72 ft to a point; thence S 46°-53'-OO" W distant 48 00 ft to a
point; thence S 440-58'-11" E distant 30 02 ft. to the point of begin-
ning all as shown on a plan entitled, "Plan of Discontinuance of a
Portion of Holland Street, Lexington, Mass , Scale 1" = 20' Jan 15, 1974,
James Z. Chase, Town Engineer," to be recorded herewith Said parcel con-
tains 1329 square feet of land, more or less, according to said plan
IllThis conveyance is made subject to the rights of the Town of Lexing-
ton to a 25 foot drain and sewer easement as shown on said plan
For title of grantor see an Order of Taking recorded with the
Middlesex South Registry of Deeds on May 10, 1973 in Book 12430, Page 6
No documentary stamps are attached hereto, none being required by
law
In Witness Whereof the name of the Town of Lexington has been hereto
affixed, and the instrument has been executed in its name and on its behalf
by a majority of the Board of Selectmen and sealed with the Town Seal this
Sixteenth day of December, 1974
TOWN OF LEXINGTON
By Allan F Kenney
Fred C Bailey
Alfred S Busa
Sanborn C Brown
Margery M. Battin
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Marjority of the
Board of Selectmen"
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Selectmen's Meeting December 16, 1974
II/
The Board discussed an award of damages to be made to Mr and Mrs
Burri Burri An appraisal had been made by W H Lyon for an award of $500,
Damages and the Board agreed to $480
Upon motion duly made and seconded, it was voted to award damages
in the amount of $480 to Lucidino and Marguerite Burri, 14 Holland Street
The Board approved the request from the Director of Public Works/
Maguire Engineering to sign the contract with C E. Maguire on the Turning Mill
Turning Mill Road Sewer
Sewer Upon motion duly made and seconded, it was voted to sign the con-
tract with C.E Maguire, Inc for engineering services, ecological
monitoring, and inspection of the Turning Mill Road sewer project in an
amount not to exceed $10,050
Upon motion duly made and seconded, it was voted to table the re-
quest of the Massachusetts League of Cities and Towns to endorse a
resolution for the continuation of the revenue sharing program.
Resignation Upon motion duly made and seconded, it was voted to accept the
Town Celebra- resignation of Mr James F Fenske as a member of the Town Celebrations
tion Comm. Committee, effective immediately
Upon motion duly made and seconded, it was voted to approve the
Minutes minutes of the Selectmen's meetings of November 18 and June 17, 1974
Upon motion duly made and seconded, it was voted to certify the
character of the following who have applied for Certificate of In-
' Cert. of corporation
l Incorp
Paul F Duggan 70 Freemont Street
"Van Line Agents Protective Com. , Ind "
Martha H. Ziegler 11 Walnut Street
Federation for Children with Special Needs, Inc "
Upon motion duly made and seconded, it was voted to sign liquor
licenses for the following Mr Busa abstained.
1975
Liquor Package Goods Stores Address
Licenses Lexington Liquor Mart, Inc 58 Bedford St
Clubs
Knights of Columbus Building Association Inc 177 Bedford St
B P 0 E Lexington Lodge #2204 959 Waltham St
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Selectrryen's Meeting December 16, 1974
Upon motion duly made and seconded, it was voted to sign the
1975 Common Victualler licenses for the following Common
Victualler
Amick Enterprises, Inc , d/b/a Dunkin Donuts 373 Waltham St. License
Sutton Place, Inc 399 Lowell St
Blrigham's d/b/a Buttrick's 34 Bedford St.
Jeffro, Inc d/b/a Deli-Shuss 1841 Mass Ave
Brigham's 1775 Mass Ave
Minute Man Restaurant 1715 Mass. Ave
Take Home Foods of Lexington, Inc d/b/a
Kentucky Fried Chicken 211 Mass Ave
Hbward Johnson's Route 128
Harold Butler Enterprises d/b/a Denny's 438 Bedford St
Le Bellecour Restaurant 10-12 Muzzey St.
The Board discussed a request from Mr William J O'Neil for Request for
consideration of changing the street name to Lee Lane for the three Street Name
homes now located at 905A, 905B, 905C Massachusetts Avenue A re- Change -
port from Mr McSweeney recommends against it because there are Wm. J O'Neil
presently two streets named Lee in the Town.
The Board agreed to accept Mr McSweeney's recommendation and
to so inform Mr O'Neil
Upon motion duly made and seconded, it was voted to go into Exe-
cutive Session for the purpose of discussing, deliberating or voting
on matters which, if made public, might adversely affect the public Executive
security, the financial interests of the Town, or the reputation of a Session
person
After discussion with the Conservation Commission and the Appro-
priation Commission concerning land acquisition articles, it was
voted to go out of Executive Session
Upon motion duly made and seconded, it was voted to adjourn at
10 40 p.m
Af true record, Attest
Executive Clerk, Selectmen
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