HomeMy WebLinkAbout1974-09-23-BOS-min 49
SELECTMEN'S MEETING
September 23, 1974
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, September 23, 1974,
at 7 30 p.m. Chairman Kenney, Messrs Bailey, Buse, Brown and Mrs.
Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mrs.
McCurdy, Executive Clerk, were present
At the request of the Town Clerk, seven jurors were drawn, as
follows
Jurors
Michael L. Colangelo 115 Kendall Road
Elizabeth O. Tiezzi 15 Ingleside Road
Robert Allen Pitt 2361 Mass. Ave.
Anthony R. DiGiovanni 10 Fairbanks Road
Walter J. Lopez 7 White Pine Lane
Dorothy E. Aiello 38 Philip Road
Anne L. Novak 53 Turning Mill Road
Mr. Zehner, Town Treasurer, met with the Board to request ap-
proval of a $650,000 bond anticipation; $85,000 to purchase the Treasurer
Porter land for conservation purposes; $330,000 for sewer construc-
tion during the fall and early winter. Seven bids were received,
and the low bidder was the County Bank at 5.39 percent; the second low-
est bidder was the Harvard Trust Company at 5.49 percent
Upon motion duly made and, seconded, it was voted to approve the
recommendation of the Town Treasurer of a $650,000 bond anticipation
loan from the County Bank of Cambridge at 5.39 percent, notes to be
dated September 30, 1974 and mature on February 7, 1975.
Mr. O'Connell informeddthe Board that bids had been received on
the exterior painting of the Cary Memorial building. New England Bids
Paint Contractors, Framingham, was the lowest bidder at $2,295 00, Cary
and the recommendation is to award the contract to this company Memorial
Upon motion duly made and seconded, it was voted to award the Building
contract to the New England Paint Contractors, Framingham, in the
amount of $2,295 00, for exterior painting of the Cary Memorial Build-
ing. Authority is contained in Account #5250, Town Office Building
Maintenance.
Mr. O'Connell discussed a deferred annuity program for Town bm-
ployees who wish to participate Previously, only teachers were able Deferred
to benefit by this program. If the Board concurs, Mutual Life Insur- Annuity
ance Company of New York could be designated as the insurance con- Insurance
tractor and Mr Joseph Rooney as the agent of record with whom the Program
Treasurer, on behalf of subscribing employees, may negotiate for the
purchase of a deferred annuity contract
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Selectmen's Meeting September 23, 1974
Upon motion duly made and seconded, it was voted to approve the
recommendation of the Town Manager to designate Mutual Life Insurance
Company of New York as the insurance contractor and Mr. Joseph Rooney
as the agent of record for Town employees participating in the de-
ferred annuity program.
Sewer Mr. Cohen requested the Board to sign the taking of sewer ease-
Easements ments on Turning Mill Road and Gould Road.
Turning Mill Upon motion duly made and seconded, it was voted to sign the
Rd. Gould Rd. taking of sewer-easements on Turning Mill Road and Gould Road.
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss Town of Lexington
At a meeting of the Board of Selectmen of the Town of Lexington
held on the 23rd day of September, 1974, it is
ORDERED Whereas at a Town Meeting duly called, warned and held
on March 19, 1973, namely at an adjourned session thereof duly held on
April 11, 1973, in accordance with the provisions of law applicable
thereto, it was unanimously
"VOTED: That the Selectmen be and they hereby are authorized to
install sewer mains in such accepted or unaccepted streets or other
land as the Selectmen may determine, subject to the assessment of
betterments or otherwise, in accordance with Chapter 504 of the Acts
of 1897, and acts in addition thereto and in amendment thereof, or
otherwise, and to take by eminent domain, purchase or otherwise ac-
quire any fee, easement or other interest in land necessary therefor;
and to appropriate for such installation and land acquisition the sum
of $640,000 00 therefor;"
WHEREAS, the Selectmen have determined that in order to install
the sewer mains, it is necessary that the sewer mains be located in the
land hereinafter described.
NOW, THEREFORE, we the undersigned, being a majority of the Board
of Selectmen of said Town of Lexington, duly elected and qualified and
acting as such, do hereby, under and by virtue of the provisions of
Chapter 504 of the Acts of 1897 and Chapter 79 of the General Laws,
and all acts in amendment thereof and in addition thereto, and of any
and every other power and authority us hereto in any way enabling,
take in the name and on behalf of said Town of Lexington the perpetual
rights and easements to lay, construct, inspect, repair, remove, re-
place, operate and forever maintain a sanitary sewer or sewers with
manholes, pipes, culverts and other appurtenances, and to do all other
acts incidental thereto, including the right to pass along and over
the land for the aforesaid purposes, in, through and under a certain
strip of land located off Gould Road in said Lexington, bounded and
described as follows:
5
Selectmen's Meeting September 23, 1974
Beginning at a point on the northwesterly sideline of Gould Road,
said point being on a curve of 162 14 ft radius distant 25.50
ft from a point of curvature; thence N 610-12'-13" W distant
90.99 ft to a point; thence N 27°-15'-20" W distant 60 00 ft to
a point; thence N 62°-44'-40" E distant 15 00 ft to a point;
thence S 27°-15'-20" E distant 50 00 ft to a point; thence S 61°-
51'-29" E distant 84 69 ft to a point on the said sideline of
Gould Road; thence southerly and bearing to the left with a curve
of 162 14 ft radius distant 20 00 ft to the point of beginning.
All as shown on a plan entitled "Plan of Sewer Easement off Gould
Road, Lexington, Mass , Scale 1"=40' , July 16, 1974, James E Chase,
Town Engineer" to be recorded herewith.
We do hereby also so take temporary construction easements, for use
in constructing the sewer mains to be installed in the permanent easement
hereinabove described, in the following two strips of land situated in
said Lexington
1 A strip of land abutting upon and extending the entire length
of the southwesterly sideline of the above described Sewer Easement, and
shown on said plan at "10' Temporary Construction Easement."
2. A strip of land abutting upon a portion of the northeasterly
sideline of the above described Sewer Easement, and shown on said plan
as "10' Temporary Construction Easement."
3. Also another strip of land abutting upon the said northeasterly
sideline of the above described Sewer Easement, shown on said plan as
"Temporary Construction Easement "
The temporary construction easements herein taken include the right
to enter upon the land taken, to deposit earth and material thereon and
in general tp make all use necessary or desirable in connection with the
aforesaid sewer mains construction. The construction easements shall
terminate thirty days after the completion of the sewer construction,
and, in any event, not later than December 31, 1975.
Said rights and easements in the land included within the above de-
scriptions are hereby taken without interference with or prejudice to
the rights of the respective owners of the land or interest therein, ex-
cept so far as is reasonably necessary in the exercise of the rights and
easements hereby taken, and there are reserved to the respective owners
of the land or interest therein, and their heirs, successors and assigns,
all their respective rights in and to the use of their lands for all law-
ful purposes not inconsistent with the use thereof for all of the pur-
poses hereinabove mentioned for which said rights and easements are hereby
taken.
On each occasion that the Town enters upon the land in which the
aforesaid rights and easements are taken and performs any work thereon,
it shall be the obligation of the Town to remove all surplus material and
to leave the premises in reasonably as good condition as when the entry
was made.
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Selectmen's Meeting September 23, 1974
Any trees upon the land included within the above described ease-
ment and temporary easements are included within the taking.
Betterments are to be assessed for the improvements for which
this taking is made
And said Board, having considered the question of damages, hereby
determines that no damages have been sustained and none are awarded.
The land in which the aforesaid rights and easements are taken
is believed to belong to the following named parties, but if the name
of the owner of any of said land or of any interest therein is not
stated or is not correctly stated, it is to be understood that such
land or interest is owned by an owner or owners unknown to us
Lot No.
Registered Land: Supposed Owners
28 & B Donald H. & Rosalyn M. Lyons
29 & A Louis N. & Alice G. Howard
Unregisteted Land
35A John & Mary Elizabeth Rheinstein
Witness our hands and seals in said Lexington the day and year
first above written.
TOWN OF LEXINGTON
Allan E. Kenney
Fred C. Bailey
Alfred S. Buse
Sanborn C Brown
Margery M Battin
Majority of the
Board of Selectmen
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Town of Lexington
At a meeting of the Board of Selectmen of the Town of Lexington
held on the 23rd day of September, 1974, it is
ORDERED Whereas at a Town Meeting duly called, warned and held
on March 19, 1973, namely at an adjourned session thereof duly held
on April 11, 1973, in accordance with the provisions of law applica-
ble thereto, it was unanimously
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Selectmen's Meeting September 23, 1974
"VOTED: That the Selectmen be and they hereby are authorized to
install trunk sewers in the Turning Mill Road area of-the Town es the
Selectmen may determine, subject to the assessment of betterments or
otherwise, in accordance with Chapter 504 of the Acts of 1897, and
acts in addition thereto and in amendment thereof, or otherwise, and
to take by eminent domain, purchase or otherwise acquire any fee, ease-
ment or other interest in land necessary therefor; and to appropriate
for such installation and land acquisition the sum of $120,000 00
therefor and that to raise this amount the treasurer with the approval
of the Selectmen be authorized to borrow $120,000 00 therefor;"
WHEREAS, the Selectmen have determined that in order to install
the trunk sewers, it is necessary that the trunk sewers be located in
the land hereinafter described
NOW, THEREFORE, we the undersigned, being a majority of the Board
of Selectmen of said Town of Lexington, duly elected and qualified and
acting as such, do hereby, under and by virtue of the provisions'of
Chapter 504 of the Acts of 1897 and Chapter 79 of the General Laws,
and all acts in amendment thereof and in addition thereto, and of any
and every other power and authority us hereto in any way enabling, take
in the name and on behalf of said Town of Lexington the perpetual rights
and easements to lay, construct, inspect, repair, remove, replace, oper-
ate and forever maintain a sanitary sewer or sewers with any manholes,
pipes, culverts and other appurtenances, and to do all other acts inci-
dental thereto, including the right to pass along and over the land for
the aforesaid purposes, in, through and under a certain strip of land
located between Grove Street and Turning Mill Road in said Lexington,
bounded and described as follows
Beginning at a point on the easterly sideline of the 1946 County
layout of Grove Street, said point being on a curve of 554.64 ft.
radius distant 159 01 ft from a point of curvature of said side-
line; thence N 74°-43'-04" E distant 253 73 ft. to a point; thence
N 70°-52'-54" E distant 286 71 ft. to a point; thence N 69°-26'-38"
E distant 298 01 ft to a point; thence N 58°-27'-55" E distant
254 66 ft to a point; thence N 37°-58'-18" E distant 256.30 ft to
a point; thence N 24°-23'-20" E distant 292 58 ft. to a point; thence
N 07°-20'-47" W distant 297 73 ft. to a point; thence N 35°-32'-16" Er
distant 305 99 ft. to a point; thence N 29°-58'-02" E distant 345 65
ft to a point; thence N 33°-48'-10" E distant 285 89 ft. to a point
on the southwesterly sideline of Turning Mill Road; thence by said
sideline S 41°-49'-30" E distant 41.29 ft to a point on said side-
line; thence S 33°-48'-10" W distant 282.41 ft to a point; thence
S 32°-21'-50" W distant 338 94 ft to a point; thence S 35°-32'-16" 'W
distant 296.17 ft. to a point; thence S 070-20'-47" E distant 295 01
ft. to a point thence S 24°-23'-20" W distant 302.66 ft to a point;
thence S 37°-58'-17" W distant 263 80 ft to a point; thence
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Selectmen's Meeting September 23, 1974
o
S 58°-27 -55" W distant 261.58 ft. to a point; thence S 69 -26'-38" W
distant 300 07 ft. to a point; thence S 70°-15'-24" W-distant 297.87
ft to a point; S 74°-36'-13" W distant 251 68 ft to a point on the
said easterly sideline of Grove Street; thence northerly and bearing
to the right with a curve of 554.64 ft radius distant 30.00 ft to
the point of beginning All as shown on a plan entitled, "Plan of
Sewer Easement Grove Street to Turning Mill Road, Lexington, Mass ,
Scale 1"=100' , May 31, 1974, James E Chase, Town Engineer" to be
recorded herewith.
We do hereby also take temporary construction easements, for use in
constructing the trunk sewers to be installed in the permanent easement
hereinabove described, in the following two strips of land situated in
said Lexington
1 A strip of land having a width of 11 feet, more or less, said
strip abutting upon and extending 252 feet, more or less, along the
southerly sideline of the above described Sewer Easement, said strip of
land being shown on said plan as "10' Temporary Construction Easement "
2. A strip of land having a width of 11 feet, more or less, along
the northerly sideline of the above described Sewer Easement, said strip
of land being shown on said plan as "10' Temporary Construction Easement "
The temporary construction easements herein taken include the right
to enter upon the land taken, to deposit earth and material thereon and
in general to make all use necessary or desirable in connection with the
aforesaid trunk sewer construction The construction easements shall
terminate thirty days after the completion of the sewer construction,
and, in any event, not later: than December 31, 1975.
Said rights and easements in the land included within the above
descriptions are hereby taken without interference with or prejudice to
the rights of the respective owners of the land or interest therein, ex-
cept so far as is reasonably necessary in the exercise of the rights and
easements hereby taken, and there are reserved to the respective owners
of the land or interest therein, and their heirs, successors and assigns,
all their respective rights in and to the use of their lands for all
lawful purposes not inconsistent with the use therefor for all of the
purposes hereinabove mentioned for which said rights and easements are
hereby taken.
On each occasion that the Town enters upon the land in which the
aforesaid rights and easements are taken and performs any work thereon;
it shall be the obligation of the Town to remove all surplus material
and ho leave the premises in reasonably as good condition as when the
entry was made.
Any trees upon the land included within the above described easement
and temporary easements are included within the taking.
No betterments are to be assessed for the improvements for which
this taking is made
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Selectmen's Meeting September 23, 1974
The land in which the aforesaid rights and easements are taken is
believed to belong to the following named parties, but if the name of
the owner of any of said land or of any interest therein is not stated
or is not correctly stated, it is to be understood that such land or
interest iv owned by an owner or owners unknown to us; and that our
award is made as to the lawful owners of said parcel of land and all
persons having any right, title or interest therein as their respec
tive interests may appear. We estimate the damages sustained by the
persons owning property within said taking for said easement as follows
Lot No. Supposed Owners Area Taken Award
Registered Land.
36 Robert A. & Patricia May 10,354 Square feet of $500.00
land (Approximately)
37 Robert D. & Elizabeth M. 2,772 square feet of
Chapman land (approximately) 100.00
38 Town of Lexington None
Unregistered Land:
Unnumbered Lot Town of Lexington None
Witness our hands and seals in said Lexington the day and year
first above written.
TOWN OF LEXINGTON
Allan F. Kenney
Fred C. Bailey
Alfred S. Busa
Sanborn C. Brown
Margery M. Battin
Majority of the
BOARD OF SELECTMEN
Chairman Kenney read a recommendation from Mr McSweeney, Director Additional
of Public Works/Engineering, for additional sanitary sewer construction Sewer Con-
on Concord Avenue, Wingate Road, Wunnyknoll Terrace, Spring Street, struction
Concord Avenue, and Waltham Street, in the amount of $77,500. The re-
port states that these requests have been reviewed with the Health
Director, who has informed us that there is a definite need for sewer
1
56
Selectmen's Meeting September 23, 1974
on Wingate Road and Sunnyknoll Terrace Both areas of Concord Avenue
have soil conditions which are unfavorable for septic tanks, and
there is a general need for sewer within that entire area. At 98
Spring Street, there are unverified reports of septic tank failure
which the Health Director is in the process of checking. Also, 365
Waltham Street has recently renewed its tank and leaching field but
the system is considered marginal and its life expectancy is in
doubt We now believe that sufficient funds exist to construct all
of these sewers as a result of the bid prices for the last two sewer
contracts - Wyman Road and Turning Mill Road. In view of this infor-
mation, we recommend that the Board vote to approve sewer construction
in all the above locations where potential health hazards exist.
Chairman Kenney: We have received letters requesting these sewer
installations and Mr. McSweeney could take care of them by amending
the sewer contracts Any objection?
No objection.
Upon motion duly made and seconded, it was voted to approve the
recommendation of the Director of Public Works/Engineering, to add the
following sanitary sewer construction projects to the Town sewer con-
tracts
Location Length Approx. Cost
155 Concord Avenue 500 feet $16,000.00
7 Wingate Road 450' feet 16,000.00
3, 5, 6 Sunnyknoll Terr 400 feet 13,000.00
98 Spring Street 100 feet 2,500.00
(in Woodcliffe Rd.)
196 to 226 Concord Ave. 750 feet 25,000.00
365 Waltham Street 100 feet 5,000 00
(in Grapevine Ave.)
$77,500 00
For the information of the Board, Chairman Kenney read a notice
Chapter 90 from State DPW Commissioners of a hearing on public roads to be held
Maintenance on October 2, 1974 at the County Commissioners' Office
and Con- Chairman Kenney read a memo from Mr McSweeney stating that it
struction is required that a representative of the Town present a preliminary
proposal for Chapter 90 Maintenance and Chapter 90 Construction.
Upon motion duly made and seconded, it was voted to approve the
recommendation of the Director of Public Works/Engineering to submit
a preliminary proposal at the meeting in the County Commissioner's
Office on October 2, 1974 for
Chapter 90 Construction - $60,000 - Hancock Street from Bedford
Street to Adams Street, approximately 2,750 feet; estimated cost
$192,500. (This is the second year of a 4-year program.)
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Selectmen's Meeting September 23, 1974
Alternate East Street from near Lowell Street to Woburn Town
line, approximately 665 feet; estimated cost $50,000
Chanter 90 Maintenance (Resurfacing) - $6,000 Various Chapter
90 roads.
Chairman Kenney read a request from Mr. McSweeney, Director of
Public Works/Engineering, to sign the agreement with the State De- Chapter 90
partment of Public Works for the Chapter 90 Maintenance Resurfacing Agreement
of Pleasant Street, in the amount of $6,000.00. Pleasant St.
Upon motion duly made and seconded, it was voted to sign the Resurfacing
Agreement with the State Department of Public Works for the Chapter
90 Maintenance Resurfacing of Pleasant Street, in the amount of
$6,000 00.
Upon motion duly made and seconded, it was voted to approve the Bond
bond for Patrick J. Moynihan, Deputy Collector, in the amount of
$2,500.00, as requested by the Tax Collector
Chairman Kenney read a letter from Mr James W. Ritchie, 1
Whipple Road, complaining of zoning violations at 141 Lowell Street,
' owned by Mr. Brian Belcastro Complaint
A report was read from the Building Commissioner stating, "he Ritchie/
had filed a complaint in late August at the Concord District Court. Belcastro
On August 6, 1974, the case had been heard by Judge Forte and Mr Zoning
Belcastro had been found guilty and fined $50 00 Mr. Belcastro ap- Violations
pealed and the case has been forwarded to the Supreme Court in
Cambridge
Conditions at the site have not been corrected, and a second
complaint is being prepared for filing at Concord by Captain Furdon
This procedure can be continued and fines accumulative for each day
of violation. The other procedure for abatement of the problem
would be by obtaining a restraining order or an injunction at a
higher court than a District Court, and would have to be obtained
by Town Counsel."
After discussion, the Board agreed to inform Mr. Ritchie that
the Building Commissioner and Town Counsel have been instructed to
follow through on the matter. If the situation is not rectified,
additional legal steps will be taken.
Chairman Kenney informed the Board that the Director of Public
Works/Engineering requests that sewer, water and street assessments
be signed. Also, a request to abate sewer betterments assessed on
Concord Avenue.
Upon motion duly made and seconded, it was voted to sign the
following lists of assessments submitted by the Director of Public
Works/Engineering.
58
Selectmen's Meeting September 23, 1974
Sewer betterment assessments for Emerson Road, Brent Road, Con-
cord
Avenue, Mill Brook Road, Suzanne Road, Westwood Road, Young
Street.
Water betterments for Adams Street
Street betterment assessments for Philip Road.
Upon motion duly made and seconded, it was voted to approve the
Abatement recommendation of the Director of Public Works/Engineering to abate
Sewer sewer betterment assessments for the following on Concord Avenue:
Betterment
Concord John F. Henry and
Avenue Mildred M. Collins $ 664.15-Sewer not extended to service #275
Neil L, and
Susan J Chayet $1,585.06 " #272
Chairman Kenney read a request from Secretary Davoren to certify
the Character of applicants for Certificate of Incorporation. A re-
port from Chief Corr states that he has investigated and sees no
reason why the Board should not certify the character of these appli-
cants.
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:
Joseph S & Ann K. Berline 3 Compton Circle
"Field Point Property Owners Asso. Inc."
Jeanne Schwartz 26 Taft Avenue
"Lincoln Community Children's Center, Inc."
Richard L Whelan 100 Mass. Avenue
"Charitable Union of Mass. Inc."
Chairman Kenney read a request from Ms. Susan S. Beck, for the
Committee for Paul Tsongas, to hold an auction at 16 Hancock Street
Permit on Saturday, October 5, 1974, from 10 00 a.m. to 4 00 p.m.
Mr Bailey Would there be a policeman? Hancock Street is very
busy on Saturday
Ms Susan Beck was present and said that she would talk with Chief
Corr and, if necessary, arrangements would be made for a Special Police-
man to be on duty
Chairman Kenney to Ms. Beck You have asked for a rain date of a
Sunday No auctions, garage sales, etc. are allowed on Sundays.
Ms Beck I now understand that We will stay with the Saturday
date,
59
Selectmen's Meeting September 23, 1974
Upon motion duly made and seconded, it was voted to grant permis-
sion for an auction to be held by the Committee for Paul Tsongas at 16
Hancock Street on Saturday, October 5, 1974 from 10.00 a.m. to 4 00 p.m.
The Board agreed to meet on Tuesday, October 15, because of the
Columbus Day Holiday on Monday, October 14
The Board discussed a memo from Mr O'Connell, Town Manager, recom-
mending the use of Trust Funds.
The memo states, "During the review of capital and expense budgets Use of
for FY 75, certain requests for funds were reduced or deferred as part Trust
of budget reduction but with the understanding that, where appropriate, Funds
Trust Funds would be requested to fund those items. I recommend that
the Board request approval of the Trustees of Public Trusts for these
expenditures
Regarding future application of presently unusable Trust Funds, I
have certain recommendations for making legal use of funds now accumu-
lating and unusable because the specific exclusive use designated in the
bequest requires only a fraction of the income, for example: the A.B.
Tenney Memorial Fund provides for nightly illumination of the statue.
This will continue to cost less than $100 per year. The current balance
111
is over $3,500 and increasing to about $300/year net. I suggest Town
Counsel be requested, after review with the Trustees, to seek court ap-
proval to reassign the unusable income balances of certain trusts. .. If
court authority can be obtained, it would provide for the accumulation
of those funds with broad purposes Assignment of responsibility for
finding appropriate needs and administering the expenditures for author-
ized purposes could then readily be made to operating department (DPW
for cemeteries and Battle Green area) and/or suitable Town agencies.
Use of the Charles Lyman Weld Fund It is unlikely that the new
Westview Development Committee will recommend that a chapel building be
included in the program. The cost would be large and the use limited.
It is probable that the landscaping plans may include an outdoor medita-
tion area. It would, in effect, be a chapel without walls or roof. It
may be appropriate to include at this time court approval (if necessary)
to allow the available funds to defray part of the cost of the medita-
tion area."
The Board agreed to write to the Trustees of Public Trusts requesting
transfers and to invite them to a Selectmen's meeting to answer any ques-
tions.
Upon motion duly made and seconded, it was voted to request the
Trustees of Public Trusts to consider the expenditure of the following
amounts from the appropriate Trust Funds
*L. $1,000 for replacement of power tools and equipment used on cemetery
trees, including Dutch Elm eradication work Trust Funds against
which this could be allocated Taylor Tree Fund, Charles E French
Colonial Cemetery Fund, Munroe Cemetery Fund, E M. Mulliken Fund.
60
Selectmen's Meeting September 23, 1974
*2 $530 for purchase-,of rotary hand mowers, one lawn sweeper, two
trimmers Trust Fund against which this could be allocated Same
as Item #1
*3. $1,000 for materials to reloam and reseed "Ye Olde Cemetery" for
Bicentennial. Trust fund against which this could be allocated:
Colonial Cemetery Fund.
4. $900 for protection of Minute Man Statue $600 for repair of ma-
sonry under the fountain and pointing up of the stones in the base
of the statue; $300 for the purchase of removable barrier to protect
the statue from climbers during public ceremonies. Trust Fund
against which the $900 could be allocated: Hayes Fountain Trust
Fund.
5 $250 for the purchase and installation of a sign, mounted on a
pedestal base, calling attention of tourists to activities prohi-
bited on the Battle Green by the General Laws Trust Fund against
which this could be allocated Orrin W Fiske Battle Green Trust
Fund
**6, $1,000 for engineering plans for Tower Park Pond and Skating Rink.
The recreation Committee, as part of its program of neighborhood
skating areas, is very interested in building a Tower Park Pond
and Skating Rink, and this would require a plan for an all-year
pond with winter skating. The pond feature is considered essen-
` tial to meet the aesthetic requirements and the water retention
need on a year-round basis, instead of a winter flooded area
only. The original cost estimate was $6,000 and, because of Wet-
lands Act requirements, an engineering development study is
necessary Therefore, the Selectmen are requesting $1,000 for
a set of plans showing the layout of the pond, water supply and
level control, etc. and an estimate of construction cost We
suggest that the Tower Fund be used for this $1,000 and, if the
fund could not absorb the entire cost, we would seek the balance
under a Town Meeting Capital Budget appropriation
**7, When setting up the Bicentennial budget, we intended to ask for
approximately $10,000 from Trust Funds to help defray unusual Bicen-
tennial costs Therefore, the Selectmen are requesting the income
balance of approximately $4,700 from the Leroy S. Brown Fund, and
approximately $5,300 from the George I Gilmore Fund to make up this
total of $10,000. We understand that the expenditure from the George
I Gilmore Fund would require a vote of the 1975 Annual Town Meeting.
* Items 1,2 and 3 were included and Mapproved" in the FY75 operating budget.
** Items 6 and 7 were included and "approved in the FY75)capi:ta3-.ibudget
7
1
Selectmen's Meeting September 23, 1974
Chairman Kenney asked the opinion of the Board regarding the pre- Bird
vious request from Dr Howard Smith to re-name the Bird Room in the Rot*
Cary Memorial Building to the Bicentennial Room.
Mr. Brown I talked with the Bicentennial Committee and there
has been no response
After discussion, the Board agreed not to change the name of the
Bird Room, and to so inform Dr Smith
Chairman Kenney informed the Board that he had received a call
from Representative Cole that the META has four bus shelters that
could be made available to the Town. Bus
We could accept these shelters and see how they work out. I Shelters
understand that the Public Works Department would be responsible for
putting in the concrete pad. The recommended locations are (1) Massa-
chusetts Avenue and Taft Avenue; (2) Concord Avenue and Waltham Street;
(3) Lincoln Street and Marrett Road; (4) Countryside area.
Chairman Kenney to Mr. O'Connell Talk to the Planning Director
and a decision could be made next week.
Mr O'Connell agreed
Mr, Busa reported to the Board that the Committee on Refuse and
Recycling had met and agreed to ask the churches and temples if they
III are interested in putting a container on their property to collect
newspapers, and they would realize a profit on the sale. This would
add to the life of the sanitary landfill According to the League of Newspaper
Women Voters, 50 percent of what is going into the landfill is news- Collection
papers. We are in the process of contacting the churches and temples
to see how many would be interested.
If they are not interested, we have another program. We have an
interested commercial person who would collect one or two days a month
at no cost to taxpayers. Any money realized, over a marginal profit,
either our committee or the Board of Selectmen could come to an agree-
ment of having excess profits turned over to the General Fund of
Lexington.
If the churches are interested, the committee recommends that we
take this step first
Mr. Brown This is in addition to what is going on at the sani-
tary landfill?
Mr. Busa Yes.
Mr. Bailey You wouldn't do anything with glass or metal?
Mr. Busa Not now
Chairman Kenney If someone (disposal company) would pick up
without a charge, it might be worth a try.
The Board agreed that the Refuse Committee_ is to contact the
churches and temples for agreement to have a container for newspaper
collection on their property
62
Selectmen's Meeting September 23, 1974
Upon motion duly made and seconded, it was voted to go into Execu-
Executive tive Session for the purpose of discussing, deliberating or voting on
Session matters which, if made public, might adversely affect the public secur-
ity, the financial interests of the Town, or the reputation of a person
After discussion of matters of collective bargaining, and a meeting
with the Board of Appeals, it was voted to go out of Executive Session.
The Board of Appeals was present at the open session.
Chairman Kenney We have met with the Board of Appeals in Execu-
tive Session regarding St B igid'S housing
Board of The record shows that the Board of Selectmen supported this pro-
Appeals posal at the 1973 Town Meeting On a roll call vote, the Selectmen
voted 4 to 1 in favor of the proposal
The question before us tonight is a procedural one, namely, "Would
the Board of Selectmen assign the services of Town Counsel to represent
the Board of Appeals in its appeal to the Superior Court against the
recent ruling of the Housing Appeals Committee?"
Mr. Busa moved and Mr Bailey seconded the motion to assign the
services of Town Counsel to represent the Board of Appeals in its appeal
to the Superior Court against the ruling of the Housing Appeals Com-
mittee.
Mr. Brown We have heard from two lawyers that the case would be
lost, and it would be a waste of the taxpayers' money.
Mr. Bailey Although two attorneys have indicated this, there
are legal problems that are not resolved at this time and they deserve
Counsel.
Mr. Brown I still think it is not economically sound.
Chairman Kenney I am convinced that the Board of Appeals has
the right to Counsel How does the Board vote?
Mr Bailey, Mr Busa and Chairman Kenney voted in favor; Mrs.
Battintand Mr. Brown voted in the negative.
Bd. of App. Mr Nickerson, Chairman of the Board of Appeals, requested the
Sel Rm. use of the Selectmen's Meeting Room on Thursday, rather than Tuesday,
evenings.
The Board agreed to Thursday evenings.
Upon motion duly made and seconded, it was voted to go into Exe-
cutive Session for the purpose of discussing, deliberating or voting
Executive on matters which, if made public, might adversely affect the public
Session security, the financial interests of the Town, or the reputation of a
person.
After discussion with the Planning Board regarding St Brigid's
Housing, it was voted to go out of Executive Session
' Selectmen's Meeting September 23, 1974
The Planning Board was present at the open meeting
Chairman Kenney The Planning Board has requested the Board of
Selectmen to provide legal counsel In the event of an appeal by the
Board of Appeals to the Superior Court in the St Brigid's case, the
Planning Board would intervene as a party. The Selectmen are willing
to support the Planning Board out of respect for that Board and the
conviction that they have such a deep-rooted interest in the case. It
was agreed that the Planning Boad will submit a transfer request to the
Selectmen, which the Selectmen will endorse and send to the Appropria-
tion Committee.
Upon motion duly made and seconded, it was voted to support the
Planning Board by providing Special Counsel for the Planning Board to
act as intervener in the appeal of the Board of Appeals against the re-
cent ruling of the Housing Appeals Committee regarding St. Brigid's
housing
Upon motion duly made and seconded, it was voted to adjourn at
10:00 p.m.
A true copy, Attest
111 Executive Clerk, Selectmen
1