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HomeMy WebLinkAbout1973-05-21-BOS-min 139 SELECTMEN'S MEETING May 21 , 1973 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday evening, May 21 , 1973, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Buse, Brown and Mrs. Riff in; Mr. O'Connell , Town Manager; Mr. Cohen, Town Counsel ; Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Executive Clerk, were present. Chairman Kenney opened the hearing on the petition of the N.E.T. & T. Company and Boston Edison Company for the relocation of a pole on Cres- cent Hill Avenue. Notices of the hearing were sent to the abutters and filed with the Director of Public Works. Chairman Kenney read a recommendation from Mr. Coscia, Department of Public Works Manager, that permission be granted to relocate the pole for the purpose of construction of a new driveway. Mr Dunn, representing the Telephone Company and Mr. Martin repre- senting the Boston Edison Company, were present and explained that the Pole pole is being moved to the property line. Crescent No one being present in favor or in opposition, the hearing was Hill Ave. declared closed. Upon motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone and Telegraph Company and the Boston Edison Company for the following location Crescent Hili Avenue• Westerly side, approximately 112 feet north- westerly from Evergreen Lane one ( I ) pole also, remove one ( 1 ) pole. Chairman Kenney opened the hearing on the petition of the N.E.T. & T. Company and Boston Edison Company for the relocation of a pole and anchor guy on Columbus Street. Notices of the hearing were sent to the abutters and filed with the Director of Public Works. Chairman Kenney read a recommendation from Mr. Coscia, Department of Public Works Manager, that permission be granted to relocate the pole pole and anchor guy for the purpose of construction of a new driveway. Columbus Mr. Dunn, representing the Telephone Company and Mr. Martin repre- Street senting the Boston Edison Company, were present and explained that the pole is being moved to the property line. No one being present in favor or in opposition, the hearing was declared closed. Upon, Motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone and Telegraph Company and the Boston Edison Company for the following location 1 140 Selectmen' s Meeting May 21, 1973 Columbus Street: Approximately 561 feet, south- westerly from Cedar Street one (1) pole also one (1) anchor guy off pole 20/3 . Chairman Kenney opened the hearing on the petition bf the Boston Edison Company to lay and maintain 135 feet of conduit on Meriam Street. Notices of the hearing were sent to the abutters and filed with the Director of Public Works. Chairman Kenney read a recommendation from Mr. Coscia, Department of Public Works Manager, that permission be Conduit granted to install the conduit for the purpose of eliMin- Meriam ating the overhead wiring on Meriam Street from Massachusetts Street Avenue to the Boston & Maine Railroad. Mr. Martin of the Boston Edison Company said that the Town requested that this work be done. No one being present in favor or in opposition, the hearing was declared closed. Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison Company to lay and maintain conduit at the following location, with the under- standing that once the work is completed, the Boston Edison is to petition for the removal of the existing poles Meriam Street: From a point approximately 178 feet northeast of Massachusetts Avenue, a distance of about 135 feet - conduit. Chairman Kenney read a request from the N.E.T.& T.Co. and the Boston Edison Company regarding five poles on Blinn Road A report from Mr. Coscia, Department of Public Works Manager, states that Blinn Road has become an accepted Poles street and this requires that the N.E.1. & T. Co. and Blinn Rd. Boston Edison Co. receive a grant of location from the Town to maintain their poles on Blinn Road. He has reviewed the locations and recommends that permission be granted to lo- cate said poles. Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone and Telegraph Company and Boston Edison Company for the following location: Blinn Road northwesterly side, from a point approxi- mately 33 feet southwest of Hickory Street, three (3) poles. Selectmen' s Meeting May 21, 1973 Blinn Road: southeasterly side, from a point approxi- mately 345 feet southwest of Hickory Street,-- Two (2) poles. Rev. Harold Handley, Director of Guides, met with the Board for the appointment of thirty-one Guides for the Town of Lexington. Chairman Kenney welcomed the new Guides and presented a Guides Guide License to each one. Upon motion duly made and seconded, it was voted to ap- point the following Guides of the Town of Lexington: Reappointments appointments Harvey Bass Karl Block Leslie Field Julie Dyer Henry Friedman Graham Eacock Jeanne Ganshirt Stephen Engelborg Brad Golden Marjorie Fine David Kornetsky Richard John Bruce Labitt Daniel Kahne 11 Jeff Moskow Paul Keeler Christine McCormack David Kolodkin Mark Nichipor Robin Miles Paul O'Shaughnessy Vicki Morganstern Christopher Purdy Claudia Sauermann Richard Seaman Katie Touart David Titus Alan Wachman Stephen Warshawer Cheryl Wang Doug Wissoker Mr. Zehner, Town Treasurer, met with the Board to re- quest approval of borrowing $1,250,000 in anticipation of tax revenue loan. Nine bids were received and he recom- mended that the awards be given to Lexington Trust Company, Newton Waltham Bank and Trust Company, and the New England Treasure) Merchants National Bank and the Harvard Trust Company. Upon motion duly made and seconded, it was voted to borrow $1,250,000, notes to be dated May 25, 1973 and pay- able November 2, 1973, from the following banks: Lexington Trust Company $500,000 3.98% Newton-Waltham Bank and Trust Company 250,000 4.02% New England Merchants National Bank 250,000 4.02% Harvard Trust Company 250,000 4.02% 142 Selectmen's Meeting May 21, 1973 Mr. O'Connell informed the Board that Thomas Wenham has been selected to be the Assistant Assessor, effective June 1, Assistant 1973 , due to the retirement of Cornelius Cronin. Mr. Wenham Assessor was chosen because of his background and familiarity with the Town. Also, he is to complete an advance course in real estate a£ Northeastern next month. Mr. Cronin's retirement date is May 1, 1973 but he is to continue his service with the Town for a few months in order to assist Mr. Wenham. Mr. O'Connell informed the Board that he had attended a meeting of Municipal Managers to discuss the suit against the State by the City of Lowell on the alleged illegality of the Cherry Sheet. He and the comptroller had talked to Town Cherry Counsel Cohen about the possibility of Lexington and four Sheet other towns in the Minute Man Regional School District._.hav- School Aid ing received the same alleged illegal treatment Chapter 70 , s.16D, provides for 15% additional reimbursement for towns in the regional school district, which is over and above what we are entitled to under Chapter 70 for school aid for Lexing- ton at $2 ,500,000. What is finally given is subject to what funds are available. The forecast on the Cherry Sheet is what the towns will expect; Lowell's figure was $12 ,000 instead of $1,200,000 and at first they thought the State had made a decimal point error. However, this was determined by the present administration to apply some interpretation of the law as to the proper entitlement. The law would appear to be specific and says "no such additional amount shall be paid to any such town prior to the date of award of a contract for the construction of a regional school by the regional district school committee. " The contract for the Minute Man Regional School was let last October. We received nothing on the 1973 Cherry Sheet but if we received 15% it would have been $375,000 on this year' s tax rate. Mr. Cohen: The District has sent a letter to Governor Sargent, Senators Harrington and Bartley, and two members of the Committee - Senator Atkins and Representative Gannett of Wayland. The District is taking an active role in looking out for the five towns. Lexington will be served by letting Lowell carry the ball. There will be some decision on whether the District will help out on the case. Mr. O'Connell: Legislation is being filed to change the law to revise the Cherry Sheet allocation, so it would appear that next year the administration will attempt to short change the towns legally whereas it is illegal this year. 1 143 Selectmen' s Meeting May 21, 1973 Mr. O'Connell informed the Board that complaints have been received regarding Mini-biking on Conservation and Recreation areas. Also, complaints about parked cars and drinking parties at Willards Woods. A meeting was held last week with interested departments for the development of a 3 part plan. 1. Proposed revision to strengthen rules for parks and corresponding regulations for school grounds, recreation areas and other areas such as the Great Meadows, B & M Railroad right-of-way, and Conservation the Green and White Land (Mr. White' s Attorney Recreation will write to the Town to have their land subject Areas to the same regulations. ) 2 . Additional police enforcement plan. (To be dis- cussed by Mr. O'Connell and Chief Corr. ) 3. Publicity. (To let the public know, such as par- ents of children with mini-bikes.) As a long range plan, Mr. O'Connell and Chief Corr plan to have a proposed addition to the General By-Laws - an addition prohibiting drinking of alcoholic beverages on the public ways. Starting July 1, the law changes and public drunkenness is no longer a crime. Mr. O'Connell presented a master plan of the develop- ment of Westview Cemetery to the Board members. He Westview recommended that an advisory group be formed for this plan Cemetery to become a development program for a memorial park. Also Development to have a financing plan. When the development plan is completed, it could be brought to Town Meeting for the land acquisition. Mr. O'Connell discussed the deferred compensation plan for Town employees. If the Board agrees to this, the first step would be to designate Brewer & Lord as the Broker of Record to control it and represent our interests. This is a retirement annuity which has beenavailable to teachers for 15 years Last year, the Legislature changed the law so that other employees could be eligible. The Town deducts Employees the money from the employees' pay and turns it over to be Deferred invested. It is not subject to income tax deduction and is Comp. available at retirement There is no cost to the Town ex- cept administrative costs as we handle deductions . It is strictly a matter between employees and the Insurance Company. 144 Selectmen' s Meeting May 21, 1973 1 The Board agreed to designate the firm of Brewer and Lord of Boston as Broker of Record for the purpose of negotiation of a deferred compensation plan for eligible employees. Mr. O'Connell requested approval of the Board of the recommendation of the Director of Public Works/Engineering for additional engineering services for a study by Whitman and Howard of the Hayes Lane Interceptor Sewer. The State Hayes Lane requires more stringent methods of infiltration rates into Additional the sewer and it is now necessary to provide more positive Engineering data plus proposed methods of controlling or correcting services excessive storm water infiltration. In order to be eligi- ble for the grant, we must furnish the State with this information. The contract would be for $1,100 and funds are available under Article 21 of the 1970 Town Meeting, subject to State reimbursement. Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/ Engineering to sign the contract with Whitman & Howard, Inc. for additional engineering services on the Hayes Lane Inter- cepter Sewer, not to exceed the amount of $1,100. Mr. Cohen requested the Board to sign the acceptance of a conservation easement along the Munroe Brook which wait Conserva- received as a gift from the Living and Learning Center on tion Maple Street and approved by the 1973 Town Meeting under Easement Article 63. Munroe Upon motion duly made and seconded, it was voted to Brook sign the acceptance of a conservation easement along the Munroe Brook from the Living and Learning Center, as voted under Article 63 of the 1973 Annual Town Meeting. Chairman Kenney read a letter from Fred C. Bailey, President of the Cary Memorial Library Trustees, stating because of the new construction and the temporary loss of Clarke St. the parking lots around the Library, the parking situation Parking has become more pressing. Clarke Street is not metered Meters and the prime spaces are being used for all-day parking. Upon motion duly made and seconded, it was voted to instruct the Director of Public Works/Engineering to in- stall parking meters on the Easterly side of Clarke Street from Massachusetts Avenue to Raymond Street. 1 14111 3 Selectmen's Meeting May 21, 1973 Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the Liquor Identification I.D. Card card for Diane P. Falconer, 130 Grove Street. Chairman Kenney informed the Board that the regula- tions covering Club Liquor Licenses must be amended to conform to the new law as of March 1, that an 18-year old may purchase liquor. Upon motion duly made and seconded, it was voted to amend Section 7 of the regulations covering Club Liquor Licenses, as follows: 7. The bartender or manager shall refuse to serve Amended Club any member or guest under the age of eighteen Regulations and may be held criminally responsible for the sale of any alcoholic beverage to any person under the age of eighteen years. When in doubt of age, the bartender shall require the showing of identification card in accordance with Chap- ter 138, Section 34B of General Laws, or of other documentary proof of age. 11 Chairman Kenney read a recommendation from the Plan- ning Board that Thomas Costello and Daniel Small be re-appointed as Lexington representatives to SILC. Upon motion duly made and seconded, it was voted to SILC Appts. re-appoint Thomas Costello and Daniel Small as Lexington representatives to the Suburban Intertown Liaison Com- mittee for a term of office from May 1, 1973 to April 30, 1974 . The Board discussed a letter from the Chairman of SILC stating that a letter had been sent to Secretary Altshuler expressing SILC ' s support of the Red Line exten- Red Line sion to Route 128 . Extension It was agreed to write to Secretary Altshuler informing him that the Town of Lexington at this time does not neces- sarily concur with that position The Board had appointed a subcommittee to investigate this matter and its impact upon Lexington. When this report is received, a letter will be sent regarding the feeling of the Board. Chairman Kenney read a letter from the Town Celebrations Committee recommending the appointment of Mrs. McGonagle and Mrs. Mitchell to fill two vacancies on the committee. 1 46 Selectmen's Meeting May 21, 1973 Upon motion duly made and seconded, it was voted to ap- Town Cele- point Mrs. William F. McGonagle a member of the Town brations Celebrations Committee, replacing Mrs. Marily Hall, for a Committee three year term expiring April 30, 1976 . Also, to appoint Appts. Mrs. Jack L. Mitchell a member of the Town Celebrations Committee, replacing Mrs. Thelma Reed, for an unexpired term to April 30, 1975. The Board discussed appointments to the Board of Appeals. Board of Upon motion duly made and seconded, it was voted to ap- Appeals point Woodruff M. Brodhead a member of the Board of Appeals Appt. for a five year term expiring March 31, 1978. Upon motion duly made and seconded, it was voted to ap- point the following Associate Members of the Board of Appeals for terms expiring March 31, 1974 Logan Clarke, Jr. ; Haskell W. Reed; Irving H. Mabee; Robert Cataldd; Robert M. Gary; Thomas G. Taylor Mrs. Riff in and Mr Brown abstained from voting on the appointment of Robert Cataldo. The Board discussed appointments to the Historic Districts Commission. Upon motion duly made and seconded, it was voted to ap- point Thomas J Holzbog a member of the Historic Districts Commission, replacing George E. Graves, for a five year term Historic expiring January 1, 1978, representing the Historical Society, Districts Also, to appoint Oliver F. Hooper, replacing Albert T. Pitts, . Commission an Associate Member of the Historic Districts Commission for Appoint- a five year term expiring January 1, 1978 , representing the ments Lexington Arts & Crafts Society. Also, to re-appoint ,r1- Royston T. Dailey an Associate Member of the Historic Dis- tricts Commission for a five year term expiring January 1, 1978 , representing the Cary Memorial Library Trustees . Chairman Kenney read a request from Mrs Murphy, Education Permit Without Walls Program, for permission to use Willard's Woods Willards on Thursday, May 31 from 10 00 a.m. to 3 00 p m. for a cook- Woods out and to use a stereo set and generator The Board had no objection provided there is adult supervision and no excessive noise. Chairman Kenney informed the Board that a letter had been Shaw received from Robert Shaw, 23 Lowell Street, regarding better- Connector ments assessed against Lots A and B owned by him. Mr. Shaw Lowell St. would like to be connected to the Town sewer system but he feels there is a problem with the betterment charges of $1,063.73 . Also , when resolved, he would like to pay over a period of twenty years. 147 11 Selectmen' s Meeting May 21, 1973 The Board discussed the request and agreed to a sewer betterment assessment on Lot A in the amount of $750.00. Mr. Shaw is to be informed that the Board denies his re- quest that the charge be paid over a period of twenty years since it does not have the authority to do so. The sewer charge is in lieu of betterment and must be paid on presentation. A sewer betterment charge, when assessed at time of construction, may be spread over a twenty year pay- ment period but a charge in lieu of betterment, one which is assessed some time after the construction as this one is, must be paid prior to connection to the sewer. Upon motion duly made and seconded, it was voted to reduce the charge to Robert Shaw, 23 Lowell Street, in lieu of betterment from $1,063.73 to $750.00 . The Board discussed and agreed to continue the right-hand turn at Bedford Street from Eldred Street until August 15 , Bedford & 1973 and to so inform the State Department of Public Works. Eldred Mr. McSweeney said that a meeting is being arranged with Streets the State to discuss a traffic light at that intersection. Chairman Kenney informed the Board that a letter had been hand-delivered today from Dr. Edmund Buchinskas, 8 Saddle Club Road, demanding a hearing on the dog owned by Elliott Mishara of 193 Grant Street as it is vicious and had attacked and bitten his daughter. In conformance with G.L. Chapter 140, s. 157 , the Board Mishara agreed that Selectmen Bailey is to conduct a dog hearing on Dog June 5, 1973 at 8 :30 a.m. The Board agreed to invite Mr. Harmon White of Benjamin Franklin Homes and the Conservation Commission to a meeting to discuss his land off Lowell Street. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, Executive deliberating or voting on matters which, if made public Session might adversely affect the public security, financial inter- est of the Town or the reputation of a person. After discussion of matters of financial interest And Town personnel it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to ad- journ at 10:10 p.m. A true record, Attest: IL, xecutive Clerk, Selec den