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HomeMy WebLinkAbout1973-05-29-BOS-min 148 SELECTMEN'S MEETING May 29 , 1973 1 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room on Tuesday, May 29, 1973 at 7 :30 p.m. Chairman Kenney, Messrs. Bailey, Busa, Brown and Mrs. Rif fin; Mr. O'Connell, Town Manager , Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering,; Mrs. McCurdy, Executive Clerk, were present. Mr. O'Connell introduced Mr. James Chase and recom- mended that the Board approve his appointment as Town Engineer. Mr. Chase is a registered Professional Engineer Town and a registered Land Surveyor, currently with Metcalf & Engineer Eddy in the design and construction field. Appoint- The Board talked with Mr. Chase and approved Mr. ment O'Connell 's recommendation. Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager to appoint Mr. James Chase, 39 Chestnut Terrage, Newton, as Town Engineer at an annual salary of $18 ,250 , effective June 18, 1973 . Mr. O'Connell discussed kennel licenses. He had held meetings with interested departments and the Town Clerk' s office will refer applicants to the Board of Health and to the Building Inspector concerning the use of the property for this purpose. Kennel licenses refer to the licensing of multiples of dogs, not to the structure where they are kept. There may be a misunderstanding on the part of people getting the license that the Town has approved the Kennel keeping of dogs in an area zoned as residential. We hope Licenses that this will clear up that confusion. The Planning Board has been asked to review the law of the keeping of fur-bearing animals and to revise and clarify the regula- tions regarding the number of dogs to be kept at a residential property. Mr. O'Connell advised the Board that the law govern- ing the conducting of hearings growing out of complaints against a person with a kennel license is very complex. It requires a petition with 25 signatures of people in the neighborhood; after a hearing and the possible vote, the case is subject to review by the County Commissioners to see if they agree with the decision of the Board of Selectmen. Chairman Kenney: Discuss the institution of the new procedures and have them reviewed by the Building Inspector and the Board of Health. You have already requested the Planning Board to look into the zoning regulations. 11 49 Selectmen's Meeting May 29 , 1973 Mr. O'Connell agreed to prodeed. He added that we are sending the applicants there now but they could get a license even if they were refused by the Building Inspector as we can't legally deny a license under a kennel license. Mr. O'Connell informed the Board that the Police Depart- ment has noted an increasing number of garage sales being held throughout the Town and too many signs are being put up Garage and these are in violation of the sign by-law. Sales Mr. O'Connell is to come back to the Board with recom- mended rules regarding garage sales. Mr. O'Connell informed the Board that bids had been received on April 23 , 1973 for Department of Public Works DPW equipment, except the sanitary landfill compactor. Equipment After discussion, the Board agreed to discuss the Bids matter at the next meeting. Mr. Cohen recommended that the Board sign the lease between the Town and the Trustees of Real Estate Investment Trust of America for the parking area in the center behind Woolworth's, Lots C-1 and C-2, for the sum of $1.00 per ' year The existing lease dated as of July 27, 1968 is ex- tended through July 31, 1973 . Upon motion duly made and seconded, it was voted to sign the lease between the Town of Lexington and the Trustees of Real Estate Investment Trust of America for Lease Lots shown as C-1 and C-2 shown on a subdivision plan filed Parking in the Land Registration Office, a copy of which is filed Area in the Registry of Deeds for the South Registry District of Behind Middlesex County in Registration Book 255, Page 369 with Wool- Certificate 38199 , at an anuual rent of $1.00 at the expira- worth's tion of each lease year. The term of this lease shall be one year from August 1, 1973 , to be automatically extended for successive one-year periods not to exceed a total term of five years , provided however that either party may termin- ate this, lease at the expiration of the lease year then current by notice in writing to the other party not less than thirty days prior to the expiration of the then current year. Chairman Kenney informed the Board that the Lexington Cab Company is going to petition for new rates. Mr. O'Connell agreed to come back to the Board with Taxi rates in the surrounding towns. Rates Mr. Cohen agreed to submit a clarification of the so- called liveries and, also, to work on the amendments to the existing Taxi Regulations. 150 Selectmen's Meeting May 29 , 1973 Dr. Charles Ellicott, Board of Health, met with the Board to request funds for a Well Elderly Clinic. He out- Well lined a program for Lexington residents over 60 years of Elderly age to be provided with health evaluation. The clinic Clinic would act as liaison between the physician and the indivi- dual. The program is to run for one year and would be evaluated at the end of six months as to the ability of the Lexington Visiting Nurse Association to continue, the need for expansion, and future financing. Dr. Ellicbtt recom- mended that a request be made of the Trustees of Public Trusts for $1,500 for funding the clinic. Upon motion duly made and seconded, it was voted to request the Trustees of Public Trusts for the sum of $1,500 to be given to the Lexington Visiting Nurse Associa- tion for the purpose of funding a Well Elderly Clinic, and to suggest to the Trustees that the funds be taken from either/or the following trusts: Bridge Charitable Trust, Elizabeth Bridge Gerry Fund, Beals Fund, Jonas Ganmel Trust, Harriet R. Gilmore Trust. Mr. Greeley and Mr. Eisenberg of the Street and Side- walk Advisory Committee met with the Board to discuss the charge of the Committee. Chairman Kenney The purpose of our meeting is regarding the procedures under which the committee has been operating. These need to be revised, particularly in rela- tion to Chapter 90. Mr. Greeley has written a memo to us on revised procedures, as follows "The 5-phase procedure advocated by the 1971 Town Meeting has not worked. In fact, it has not been given a Street & really fair trial; but I think the reason for that is that Sidewalk it was not really correctly conceived. I suggest, for dis- Advisory cussion purposes, the following 7-step procedure. Committee 1. Selectmen publish a list, and very brief description, of the projects which they deem worthy of consideration, This should be done by mid-June; citizens should be asked to submit written comments. 2. The Selectmen, with the advice of the Public Safety Com- mittee, the Street and Sidewalk Committee and others as relevant, select a reduced list of projects from which to be recommended in the following winter will be selected. Hopefully this could be done and announced by some-.time in August. 151 Selectmen's Meeting May 29 , 1973 3 . The Town Engineer would prepare sketch plans and rough .cest.-estimates; included would be preliminary data on such items as trees, walls, and land takings (if any) . Target date for the completion would be October 1. 4. Hearings, on the basis of these plans, would be held by the Selectmen, the Town Engineer, and/or the Street Advisory Committee during October and early November. 5. First-draft Final Plans and Cost Estimates for these deemed appropriate by the Board of Selectmen would be prepared by January 1. 6. Formal hearings by the Selectmen during January. 7. Crystallization of Plans, Specifications , and Cost Esti- mates during February. This process should involve the Board of Selectmen and the Street and Sidewalk Committee working collaboratively with the Town Engineer -- even if it turns out that the Board and the Committee have to submit differing reports to the Town Meeting. I would hope that some such schedule as the above could be followed for both the Street and Sidewalk proposals. " Mr. Greeley: There are two major points: (1) the list of possible streets and/or sidewalks should be made public information sufficiently in advance so that not only the committee but the public would see the work being considered. (2) when you get to where the Town Engineer is preparing plans for improvement, that is the time we feel the committee should be working most actively with the Town Engineer, as a liaison with engineering. We haven't been able to effect any kind of liaison there. The practice has been for the Town Engineer to prepare preliminary plans and they are sub- mitted for the informational hearing, and at that stage only are the citizens informed. We are considering an annoucement so that the citizenry would have their feelings known before plans are crystallized. It would be an attempt to make it possible to work in that direction. Chairman Kenney If you do that, somewhere down the line budgetarily it would cause postponements. Mr. Greeley But with street and sidewalk improvements, to say that this is the list we expect to choose some but not all at Town Meeting. The number would be taken into consider- ation for budgetary purposes - but I would hope it wouldn't 152 Selectmen's Meeting May 29, 1973 be $300,000 worth of sidewalks. We should alert the people that wa are talking about sidewalks and perhaps about four projects on streets and tell the citizenry that these are the ones we are going to be working on, rather than after plans have been crystallized. Mr. Eisenberg: It is unfortunate about Spring Street. Personally, I have a strong feeling that a street is a public accommodation and a decision has to be made about the whole community. Chairman Kenney: We publish the list and request citi- zens ' comments? Mr. Greeley Yes, and I would request them in writing. Chairman Kenney As of this date, we have one street request in. Mr. McSweeney: There is a problem with publicity and communication as the list might be changed around. Mr. Greeley: Mr. McSweeney is raising the question of whether Town fathers are going to assume the initiative of what sidewalks or streets are needed or whether we are going to proceed on the basis of the petitions that are received. I don't happen to think the Board should wait until petitions are submitted and decide the program on the petitions sub- mitted. Mr. Bailey: We could state that petitions be received by June or we do nothing and pick our own streets. Mr. McSweeney There are a number of streets in Town that should be considered by the Board. Mr. Greeley The same applies to sidewalks Mr. McSweeney There are some streets that should be improved for public safety, such as Kendall Road. Mr. Eisenberg For fire and emergency purposes, couldn't we send a grader in on unaccepted streets? Chairman Kenney There is a question of legal respon- sibilities and the policy is against it as these are private ways; we stay away from private roads except to plow them. Mr. McSweeney: This Town has not accepted the Chapters that you can go in and fix them. Chairman Kenney We will put a notice in the newspaper that if any citizen is interested in petitioning for a side- walk or street, or a street for acceptance or reconstruction, the Selectmen are interested in receiving the application. Mr. Greeley If our committee is going to be effective, we will have to work in the early stages with the Engineer before plans are crystallized. Mr. Bailey: The Director tdf Public Works should also get his list in. I 153 Selectmen's Meeting May 29 , 1973 Mr. Greeley: You have to take the initiative for a preliminary list, and I don't think it will necessitate more engineering design. Chairman Kenney: When we get the preliminary list, we will publish it. Mr. Greeley: As Mr. Bailey suggests, put together a list soon. We will be doing it this way next year. The Board agreed that Mr. McSweeney is to put a notice in the newspaper for two weeks for petitions to be received by June 30 , 1973. Mr. Greeley and Mr. Eisenberg retired from the meeting Chairman Kenney read a letter from Myron L. Miller 46 Eldred Street, regarding the installation of a traffic Traffic light at Bedford and Eldred Streets. Lights After discussion, the Board agreed to inform Mr. Miller Bedford & that we are in the process of setting up a meeting with State Eldred Commissioner Campbell to discuss the possibility of a traffic Streets light at that intersection. Chairman Kenney told the Board that members would be informed as soon as the date has been set for the meeting with Commissioner Campbell to discuss the traffic light at Bedford and Eldred Streets and, also, the Hartwell Avenue Connector. Chairman Kenney read a request from citizens of Brigham Road for a sign to prohibit the use of Brigham Road by buses, large trucks and excessive traffic. Traffic Upon motion duly made and seconded, it was voted to Brigham refer the request to the Traffic Committe for a recommendation. Road Mr. O'Connell suggested that management of the tour buses be requested not to turn around on Brigham Road. The Board agreed. Upon motion duly made and seconded, it was voted to au- thorize the Chairman to sign Liquor Identification cards for Liquor the following: I D. Card Janet Susan Ryan 1 Belfry Terrace Sherry A. Gardner 15 Fair Oaks Drive Upon motion duly made and seconded, it was voted to ap- prove the minutes of the Selectmen's meetings, o en and execu- Minutes tive of February 26, 1973 and the open meeting on March 5, 1973 I 154 Selectmen's Meeting May 29, 1973 Upon motion duly made and seconded, it was voted to Guide approve the the recommendation of Rev. Handley and to appoint David Hall, 53 Grant Street, a Guide of Lexington. Chairman Kenney read a request from Mrs. Eleanore E. Johansson, 10 Lawrence Lane, for a sewer extension to Lot 201A Banks Avenue. A report from the Director of Public Sewer Works was read and accepted. Requests Upon motion duly made and seconded, it was voted to Banks inform Mrs. Johansson that the sewer had been extended on Avenue Banks Avenue to service existing houses and would have re- quired the installation of a pumping station to go any further down the street. Her lot could be sewered from a different direction but she would have to petition for this to the Engineering Department. It is to be pointed out that priority is ordinarily given for sewer extensions to developed house lots, particularly those which may be having a health problem. Chairman Kenney read a request from the Tax Collector Ambulance for abatement of uncollectable ambulance bills. Bills Mr. Brown I feel we should not abate ambulance bills. Mr. Busa: If we abate some, we should not charge others. Upon motion duly made and seconded, it was voted to refer the matter to the Town Manager for additional information. Chairman Kenney read a letter from the Arlington Board of Selectmen regarding H6645, Appendages A and B, which pro- poses several changes in the formula related to Regional Vocational School Districts. Arlington has voted to join Voc. with the City of Lowell in a petition to the Superior Court Sch Funds to follow the existing law as it is the feeling if this Cherry legislation is passed, it would result in considerable loss Sheet of funds to communities in the Minuteman Regional Vocational Technical School District. The request is for Lexington to join with Arlington and Lowell in this action. After discussion, the Board agreed to reply to the Arlington Board of Selectmen that Lexington will write to State Senators and Representatives expressing the feeling that this is a poor bill and, therefore, H6645 should be re- ferred to a study committee. Also, it is the opinion of the Board that if the Minuteman Regional Vocation Technical School District Committee feels it would be advantageous to file suit attempting to regain the money owed us for this year. 155 IIISelectmen's Meeting May 29, 1973 Chairman Kenney read a notice from the Massachusetts Tagg payers Foundation recommending that Lexington write to the H3201 Senator and Representatives to vote in favor of House Bill Highway 3210 so that additional receipts, through amended Cherry Sheets, Funds may be reflected in the 1973 tax rate. Dist. Mr. O'Connell agreed to attend the hearing. Chairman Kenney read a letter from Attorney Aisnor of Boston regarding a traffic ticket he had received because of a wrong turn at the intersection of Waltham Street and Marrett Road. The police officer had informed him that he could not make a turn from the short access road before the Police actual intersection when the light was red with a green Traffic arrow for right turn. Mr. Bailey questioned on what basis this turn was ille- gal. The Board agreed to request a report from Chief Corr. (When the report was received, Chief Corr had resolved the matter by talking with Attorney Aisnor and telling him that the turn at that point was legal, and the policeman had been so informed) . 11 Chairman Kenney read a request from Mr. McSweeney, Direc- tor of Public Works/Engineering, for authorization of an extra work order under Contract #71-4-E. Contract Upon motion duly made and seconded, it was voted to 71-4-E authorize an extra work order be issued to Grandview Contract- Extra ing, Inc. under Contract #71-4-E for a 400 foot extension of Work York Street sewer, at an estimated cost of $9,500. Authority Order for this project is contained in Article 20 of the 1971 York St. Annual Town Meeting. Sewer Chairman Kenney read a recommendation from Mr. McSweeney that additional streets be included in the sewer budget. Upon motion duly made and seconded, it was voted to ac- Add'l. cept the recommendation of Mr. McSweeney that the following Sewers streets be included in the sewer budget; Lincoln Street; Davis Road; Summer Street; Green Lane; Concord Avenue-750 ft. at Blossom Street, and 200 ft. at Pleasant Street. Mr. McSweeney was instructed to proceed and to have it go out as an alternate bid. Chairman Kenney read a letter from Mr. and Mrs. Champion 6 Rolfe Road, and Mr. and Mrs . Franklin, 4 Rolfe Road, stat- Champion ing that if the Town persists in going forward with the Sewer II 156 Selectmen's Meeting May 29, 1973 proposed plan of the possible route for a sewer main and ease- ments, they will claim all damages, either of a temporary or permanent nature, permitted by law. Upon motion duly made and seconded, it was voted to refer the matter to the Director of Public Works/Engineering. The Board instructed Mr. McSweeney to meet with members of the Traffic Committee and discuss parking on Meriam Street, Parking the Meriam Street parking lot, and to meter Clarke Street from Massachusetts Avenue to Raymond Street Mr. Apollo Bougas came into the meeting to discuss the condition of his property on Baskin Road which backs into the Lincoln Street recreation area. He explained that the Lincoln area is very dry and dusty and would appreciate it if the St. Area Town would seed that part of the Lincoln Street area. Mr. McSweeney was instructed to check out the area and report back to the Board. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deli- berating or voting on matters which if made public might adversely affect the public security, the financial interests Executive of the Town or the reputation of a person. Session 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 10:45 p.m. A true record, Attest: �^ 1 ((J� f27 Executive Clerk, Selector 1