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HomeMy WebLinkAbout1973-11-26-BOS-min 345' Selectmen's Meeting November 26, 1973 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, November 26, 1973 at 7 30 p m. Chairman Kenney, Messrs Bailey, Busa, Brown and Mrs Riff in; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Director of Public Works/Engineering and Mrs McCurdy, Executive Clerk, were present At the request of the Town Clerk, seven jurors were drawn as follows Calvin Brandford 2416 Massachusetts Avenue Albert R. Kaufmann 84 Maple Street Jurors Helen W Sizer 52 Percy Road Thomas L. Preziosi 12 Lockwood Road Christopher T Douglas 353 Marrett Road Louis Carmisciano 4 Brookside Avenue Erwin Taenzer 11 Lantern Lane Mr O'Connell informed the Board that bids have been received on DPW equipment and he recommended that contracts be awarded to the following Files Equipment Company, Acton, 1 paver truck in the amount of $3,295; Sawtelle Bros , Swampscott, 1 combination tractor-front end loader, in the amount of $6,494 DPW Truck Upon motion duly made and seconded, it was voted to award the Contract following contracts; Files Equipment Company, Acton, 1 paver truck in the amount of $3,295; Sawtelle Bros , Swampscott, 1 combination tractor- front end loader, in the amount of $6,494 Mr O'Connell advised the Board that $5,388 had been received today as a favorable adjustment for 1972 Workmen's Compensation Reim- bursement, after the audit for the previous year, compares with $4,800 Insurance for 1971 This is out of a $60,000 Workmen's Compensation budget level Our performance is good but we have a long way to go, particularly in 1973 we see an increase in the number of preventable accidents, which are on the upswing in 1973 Mr O'Connell informed the Board that he had issued an administra- tive directive regarding the Fire Department As of November 23, Chief Spellman is to assume the full responsibility as Chief Engineer Con- Fire Dept currently, Police Chief Corr is relieved of his responsibility as Acting Administrator of the Fire Department, and Deputy Chief Fradette is relieved of his assignment as Acting Fire Chief Mr David Hughes has been designated to act on behalf of the Town Manager and work with Chief Spellman on assigned administrative matters 34(6 Selectmen's Meeting November 26, 1973 Mr O'Connell discussed the conservation of energy He had attended conferences conducted by the state and it is very clear that this committee has never had this kind of problem before Lack of preparation decreases public confidence; the federal government is changing so fast they can't plan. The Governor is submitting legis- lation for emergency powers to deal with severe shortages The state is recommending three levels of action - modest, severe and emergency planning measures The Massachusetts League of Cities and Towns is helping distribute material on this The state allocation Energy is to administer control of heating oil and local government is not Crisis involved. However, the information now is that allocation is admin- istered by the state up to when the householder runs out of fuel, and then it becomes a local problem. The recommendation is for form- ing a local energy group but, at this point, I can't see our group doing anything other than taking calls They are going to attempt to have the state Civil Defence Agency handle the hardship cases At this stage, I would attempt to form a local energy crisis committee I, personally, believe we should step up our plans and put in motion actually the things we would do in the severe level; I believe we should be making plans for the emergency level operation The short- est type fuel will be No 4, there is a shortage of up to 50% being predicted. Cary Hall is the only one that uses it We have a joint contract and the school has all the heavy oil; so the saving has to be in the schools To meet the shortage, Lex- ington has to cut drastically in the schools to meet this emergency level. The recommendation of the committee appointed by the Com- missioner of Education was to not change their schools I don't think this group has taken into consideration the tremendous amount of gasoline used on snow removal It is our intent to take Cary Hall down to 55 degrees We are working on vehicle use We have investigated street lights and find that nothing can be done about them as they are tied in with the dis- tribution system to homes Mr Busa The street light program is only 1% of energy It would help by eliminating all the token Christmas lights and to urge the public to do so I think there should be further restrictions on the use of public buildings to save heat and gasoline for public meetings Mr O'Connell We may see a 15% to 30% increase in our con- tract and we will be expected to reduce our consumption of gasoline; if we haven't made reductions in the use of gasoline, we are in trouble. On snowplowing priorities, #1 is plowing the streets but the question is how much snow hauling is essential? This is where tremendous amounts of gasoline are used I will come back with further recommendations if we go from modest to severe use Mr Brown Do we have a record of the amount of gas we use just for snowplowing? 347 Selectmen's Meeting November 26, 1973 Mr McSweeney Yes Mr Brown So if we were to cut down, on the basis of 1972 we would know what we would use in 1973 Mr McSweeney Yes, but we didn't have much snow last year Chairman Kenney to Mr O'Connell We would expect you to bring us the figures Mr O'Connell agreed At 8 00 p.m. , Mr Hruby, Chairman pro tem, Mr Melbye, and Mr Power of the Lexington Housing Authority met with the Board Mr Scanlon Executive Director was also present Chairman Kenney read the notice of the joint meeting which was in- serted in the November 8 issue of the Lexington Minute-man Housing Chairman Kenney said that the joint meeting is being held with the Authority five members of the Board of Selectmen and three members of the Lexing- ton Housing Authority (the fourth member, Joseph Rooney, is in the hospital) to elect a member to fill the vacancy on the Housing Au- thority caused by the resignation of Temple E Scanlon on October 25, 1973 We have received recommendations from the Lexington Commission on Suburban Responsibility for Helena R. Butters and Richard K. Eaton as nominees. Nominations are now open Motion made by Mr Brown and seconded by Mrs Rif fin to nominate Richard K. Eaton. Motion made by Mr Busa and seconded by Mr Bailey to nominate G Richard Beamon Mr Power There is a question I raised privately that Mr Beamon has been serving as insurance broker for the Authority over the past several years and I thought it would be appropriate to ask Town Counsel's opinion as to whether it causes a conflict of interest Chairman Kenney Several weeks ago, I asked Mr O'Connell to look through the names of people who had indicated a willingness to serve and he prepared a list of 6 or 7 names; Beamon was one of them. I called Mr Beamon and he said he was agreeable I found out he worked for Otis Brown at the rate of $160 a year; I called Mr Beamon and he said, if elected, he would resign before being sworn in Mr Cohen thought it would leave him in a very clear position and Otis Brown & Co. would withdraw as the Insurance Company Mr Power So the agency will resign? Chairman Kenney Yes Mr Hruby Your discussion is very apropos as insurance is placed at the state level for the Housing Authority, and then they find a broker in each community and they do get a small percentage and this is the fee Otis Brown received. The insurance is placed the first part of the year and comes up the first part of this year Will they parti- cipate? 111 Chairman Kenney We would ask Mr Beamon to put it in writing before he is elected Are there any further nominations? 348 Selectmen's Meeting November 26, 1973 Hearing none, Chairman Kenney declared the nominations closed Mrs Rif fin The two nominations from LCSR were unanimously voted and I would like to read them the letter, "Richard K. Eaton is of the subcommittee on housing, which is gathering information and will promote public discussion of housing issues in Town During his thirteen years as a Town Meeting Member, he has often demonstrated his deep concern about the need for more variety in the housing offered in Lexington His work for the Raytheon Corporation has involved him in building design, space use, and building maintenance, as well as personnel work. Thus, he would bring an extensive body of expertise to the Authority Mr Eaton has reached retirement age, which would make his presence particularly appropriate with respect to the elderly, and which makes him free for some daytime activity The Commission has been working with the Housing Authority on the matter of developing scattered site subsidized housing, pursuant to the passage of Article 38 of the 1972 Annual Town Meeting We are hopeful that whoever is selected to fill the vacancy on the Authority will be a person who will carry that development forward " I think these are the sentiments expressed often at Town Meeting and he is an advocate of broad spectrum of housing Mr Power My statement would concern what I envision to be the needs of the Housing Authority I have no objection to Mr Beamon but the Housing Authority is at the point in time where it is finishing the custodial stage We have built two large developments and have served as renters and engineers of the property and we could use the type who has commitment to optional housing policies and work with these policies I think the selection of a man like Mr Eaton at this time would be of greater benefit to the Town I can't speak more urgently for the need of the input of the Housing Authority at this time We haven't gotten far except in a program for the elderly and it is time for a person like Mr Eaton to serve, and I recommend him to the Board. Chairman Kenney They both are good candidates; they are both Town Meeting Members and have the Town's best interests foremost in their minds To choose either way could be beneficial and the people will de- cide in the spring Any further comments? None Chairman Kenney We will go by voice ballot Mrs Riff in, Mr Brown and Mr Power voted for Mr Eaton. Mr Kenney, Mr Bailey, Mr Buse, Mr Hruby and Mr Melbye voted for Mr Beamon Chairman Kenney It appears that G. Richard Beamon is elected Upon motion duly made and seconded, it was voted to appoint under G L. Chapter 41, section 11, G Richard Beamon a member of the Lexing- ton Housing Authority, until March, 1974. Mr Hruby When does the appointment become effective? 3-19 Selectmen's Meeting November 26, 1973 Chairman Kenney As soon as he is sworn in by the Town Clerk I would say he would be sworn in tomorrow We will notify Mr. Beamon of his appointment and request that he come to the Town Clerk's office tomorrow morning to be sworn in Mr Hruby On behalf of the Housing Authority, we would like to thank the Board of Selectmen for its assistance The Lexington Housing Authority retired from the meeting Chairman Kenney discussed requests for street lights We tabled the memo from Mr McSweeney concerning these requests pending a report from the Town Manager regarding the amount of energy used for street Street lights These requests have been initiated by the residents of these Lights streets If we are going to conserve energy, it should be on a town- wide ownwide basis Mr O'Connell I would suggest looking at places like our parking area and the Clarke Junior High School, and leave the streets alone Mr Bailey I would suggest we try a tradeoff with Boston Edison, such as some of the streets for places like Clarke Junior High Mr O'Connell We have had a letter from a resident asking why a street light is on all day This is an Edison Company maintenance problem as it is a defective photocell We pay so much per light per year Chairman Kenney to Mr O'Connnell You and Mr McSweeney look at areas where lights should be on for the entire night. The Board agreed that the matter should be discussed with Boston Edison Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for Certificate of Incor- poration Cert of Alfred S Busa 38 Circle Road, Lexington Incorp Cornelius P Cronin 14 Utica Street, Lexington John W Maloney 157 Emerson Road, Lexington Anthony L Mancini 115 Reed Street, Lexington Richard A. Michelson 54 Asbury Street, Lexington Stephen M. Politi 25 Deering Avenue, Lexington Robert E Reynolds 3 Forest Street, Lexington "Lexington Bicentennial Corporation" Robert A Harris 11 Lexington Avenue, Lexington Martha C Wood 51 Gleason Road, Lexington P David Holleman 15 Richard Road, Lexington Engemia Kalddin 5 Watson Road, Lexington Daniel E Power 2246 Mass Avenue, Lexington Harold T. Handley 1888 Mass Avenue, Lexington Anthony L Mancini 115 Reed Street, Lexington "Lexington Bicentennial Monument Corporation" 35U Selectmen's Meeting November 26, 1973 Howard E Norris 9 Great Rock Road, Lexington "Middlesex County 1975 Festival Week Committee Inc " Chairman Kenney informed the Board that letters have been received from Mr Beattie and Mr Brown of Fletcher Avenue complaining that the Cary Hall sounding of the fire horn on Cary Hall is a disturbance to the. neighbor- Fire Horn hood. They especially requested the discontinuance of the 7 00 a.m. signal and raised the question of noise pollution which they want the Board of Health to look into After discussion, the Board agreed to eliminate the 7:00 a.m. signal Upon motion duly made and seconded, it was voted to suspend the sounding of the 7 00 a m. sounding of the fire horn located on the Cary Memorial Building Upon motion duly made and seconded, it was voted to approve the re- quest of the New England Telephone Company for transfer of ownership of Poles poles to Boston Edison Company at the following locations Waltham Street Easterly, from Marrett Rd. , approximately 11 ft. one pole. Marrett Road Southeasterly, approximately 21 ft. from Waltham St. one pole Elks Upon motion duly made and seconded, it was voted to approve the re- New Years quest from Lexington Lodge No 2204 Elks for an extension of hours under the Club liquor license on New Years Eve to 2 00 a m. Chairman Kenney read a letter from C C Hanson, 905 Massachusetts Avenue, complaining about continual barking and trespassing on property by dogs Mr Brown The effective control law was passed five years ago. Dogs Mr Bailey I would suggest that we write Mr Hanson that we have a By-Law and its enforcement is effective but perhaps not perfect That is all we can do now The Board agreed Chairman Kenney read a letter from the Mystic Valley Council for Mystic Children requesting the appointment of a representative of the Board Valley of Selectmen to the Council Council for Mr Bailey This Council will have 55 people on the Board of Children Directors Mrs Riff in Chapter 766 will go into effect next September and as the School Committee meets with the Office for Children I think it would be appropriate for a member of the School Committee to be the representative The Board agreed to contact the School Committee and recommends that a member be appointed to the Mystic Valley Council for Children. 351 Selectmen's Meeting November 26, 1973 Mr. Bailey informed the Board that there has been another bad Traffic accident at the intersection of Hayes Avenue and Meriam Street Hayes & The Board agreed to request the Traffic Safety Committee to look Meriam Sts into the situation again The Board discussed the hearing held on November 12, 1973 to con- ' sider whether the Class 3 license issued to John P Carroll Co , Inc should be continued in full force and effect or revoked for failure to comply with G L. c 140, s 57-69 Chairman Kenney The transcription by the public stenographer has been received Mr. Busa I was not not present at the hearing but, according to the Board of Appeals, a weekly inspection should be made by the Build- ing Inspector and if they are in violation the license should be Carrol Class revoked. 3 License After discussion, .the Board agreed not to revoke the Class 3 license Upon motion duly made and seconded, it was voted to deny the peti- tion of Thomas J Costello, 36 Allen Street, for revocation of the Class 3 license under G L. c 140, s 58, issued to John P Carroll Co , Inc , 31 Allen Street, dated January 8, 1973 Mr Busa abstained. The Board agreed to send the following letter to Attorney Joseph M Cohen, 31 State Street, Boston, representing Thomas Costello and, also, to Attorney Edward Myles Ginsburg, One Boston Place, Boston, represent- ing John P Carroll Co , Inc "The Board of Selectmen hereby renders the following decision on the petition of Thomas J Costello for revocation of the Class 3 license under G L. c 140, s 58 issued to John P Carroll Co , Inc , dated January 8, 1973 Pursuant to notice, duly advertised, a copy of which is attached hereto, the Board held a hearing on November 12, 1973 In addition to the parties, a number of abuttors and other parties living in the vicinity of the Carroll farm appeared and voiced nearly unanimous approval of the Carroll operations On the basis of the evidence presented, the Board makes the following findings of fact (1) John P Carroll, Co , Inc. , uses approximately one-two acres (hereinafter "the locus") of the Carroll farm as the temporary storage of junk automobiles under a special permit issued by the Board of Appeals dated June 5, 1973, a copy of which is incorporated in this decision by reference; (2) The locus is more than 1000 feet from Rte 2 and more than 300 feet from the Trinity Covenant Church and the town's conservation land on Allen Street; (3) The locus, including the equipment and automobiles stored thereon, is not within ordinaryview of the TrinityCovenant Church or the conservation land except for the boom of the crane, which when raised may be viewed from these locations 3J; Selectmen's Meeting November 26, 1973 On the basis of the foregoing findings of fact, the Board rules as follows 1 The area deemed to be covered by the Class 3 license is the locus rather than the Carroll farm in its entirety 2 John P Carroll Co , Inc , is not operating a "junkyard" or a "motor vehicle junkyard" on the locus as those terms are used respectively, in the town's zoning by-law and G L. c 140, s 59A. 3 The town's conservation land on Allen Street is not a park within the meaning of G L. c 140, s 59A. 4 Assuming that the conservation land is a park and John P. Carroll Co , Inc , is operating a motor vehicle junkyard within the meaning of G L. c 140, s 59A, the locus meets all of the distance requirements set forth in subparagraph (c) of G L. c 140, s 59A On the basis of the foregoing findings and rulings, the Board voted to continue in full force and effect the Class 3 license issued to John P Carroll Co , Inc , and to deny the petition of Thomas J Costello for revocation thereof " Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on Executive matters which, if made public, might adversely affect the public secu- Session rity, the financial interests of the Town or the reputation of a person After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10 20 p.m. A true record, Attest / Executive Clerk, Selectmen /