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HomeMy WebLinkAbout19751 SELECTMEN'S MEETING January 6, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday evening, January 6, 1976, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Buse, and Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering; Mrs. MCCurdy, Executive Clerk, Were present. At the request of the Town Clerk, the following jurors weae drawn: Dora A. Carr 455 Lowell Street Bernard R. Danti 74 Bloomfield Street Mr. O'Connell informed the Board that the Minute Man Regional Vocational School is scheduled to be opened on January 13, 1975, and as a result of a letter from our Building Commissioner, he had alerted the School Superintendent that all necessary permits must be obtained in order to have a Certificate of Occupancy issued. Mr. O'Connell recommended the approval of the Board of a reserve transfer of $1100 to Account 2930 -Office Machine Repairs, due to a mechanical failure during the water billing period. If these repairs are made, it will mean several more years of use for this machine; a new machine would cost approximately $5-6,000. Upon motion duly made and seconded, it was voted to request approval of the Appropriation Committee of a transfer from the Reserve Fund to Account 2930 in the amount of $1100. 177 Jurors Transfer - Acct. 2930 Mr. O'Connell discussed the Center swimming pool recreation Center area. This pool is about 40 years old and, last year, Mr. Bertini Pool had expressed his concern about a possible breakdown. In our review, Area we pinpointed two different problems - the old water filter on the main pool and an inadequate number of boy's toilet facilities. We first determined it would be $20,000 to redesign and modernize the. pool but, out of related capital budget planning, the decision was made to make $10,000 available to study the recreation need, and assigned it to the Planning Board for study. We included in that plan a trailer with toilet facilities. Since that time, as a result of more information and estimates of cost of installing khat system Mr. McSweeney determined that the program, if it followed the State standards, would represent an additional $35,000. We do not be- lieve that the condition of the pool and the question of the future can in any way justify going this far on a maintenance type program. We suggest that the Board call for a meeting with the Planning Board and the Recreation Committee to re-examine what the best short- range course of action would be. Can we get by if the addition of a filter is going to cost $40,000? It is no longer a get -by maintenance but a major renovation. 178 Selectmen% Meeting January 6, 1975 Chairman Kenney: The Manager is saying that in order to upgrade the pool, you are talking $150-200,000. We should have the meeting in order to alert people that we are in for a major expense for the pool, and decide if we want to keep that pool. It was agreed to arrange a meeting with the Planning Board to discuss the CenterP ool. Fire Deputy Fire Chief Silva, Personnel Board and the Appropria Dept. tions Committee met with the Board. Deputy Silva: We request one more man per shift and would like to create a new position for a 5 -days a week Fire Prevention Officer. In 1968, we had 54 firefighters on a 50.4 work week. In 1971, the Town voted to give a reduction to a 42 hour work week. We are working 15 men per working shift and we are asking for a 16 -man coverage, with a total of 65 men. TheAppropriation Committee wanted to know the insurance class- ification of:the Town and the Insurance man told me that on a scale of 1 - 10 we rate 5. I asked how long it had been since that rating but he could not tell me. When I asked what we should do about it, he said that it was up to the Selectmen and the Town Manager. I have worked up some charts and, on frequency and trends, I used July, 1974 as an example. During July, we had 3 men on vacation and a 12 -man working shift. Mr. O'Connell: One point I would emphasize that on some calls we would have 4 pieces of equipment out plus the ambulance. The equipment is fully extended. Chairman Kenney: Is ;illy a heavy month? Deputy Silva: It is our lightest month; October is heavy. Mr. O'Connell: 3 to 4 and 9 tod10 are heavy hours. Deputy Silva: On Authorized Time Off with Pay - disability has gone up from 135 days to 165 days. For a total force of 60 men next year, we have 12 more vacation weeks added to our schedule because of seniority. Mr. Chapman: What alternatives are there? You have a variety of frequency of calls, and is there any way to shift manpower? Deputy Silva: No, we work a 10 -hour day. Mr. Bernier: Voluntary call-back is the alternative to more people. Mr. O'Connell: That could take care of the planned staff but not the emergency requirement. Mr. McGonagle: Do I understand that when you have a call for an ambulance plus 4 pieces of equipment, you still have 3 pieces of equipment immobilized? Deputy Silva: Right. Mr. McGonagle: Even if you had 1 more OAR, you would have 2 pieces that would not move. Selectmen's Meeting January 6, 1975 Chairman Kenney: It has been the position of the Board that there is need for beefing -up, and the Manager is giving the recommend- ations. I am not saying the rate of speed we are getting to it but want you to be aware that we know of the problem. Deputy Silva: I don't mind waiting a little while if I can get a couple of men this year and a couple next year. Mr. McGonagle: What about extra pieces of equipment? Mr. Bailey: On the first alarm, you wouldn't send them out even if you had the people. Mr. Bernier: It hasn't been mentioned that you have to keep a man back for Mutual Aid. Deputy Silva: We call a man in. Mr. Busa: HOw long does it take to get call-back men on duty? Deputy Silva: I have been back in less than Mr. Buse: I am trying to determine the time Deputy Silva: 7 to 10 minutes, average. Chairman Kenney thanked Deputy Silva for his he, Mr. Bernier, and the Personnel Advisory Board meeting; 5 minutes. lapse. presentation, and retired from the The Board disdussed the Articles to be inserted in the 1975 Annual Town Warrant. Upon motion duly made and seconded, it was voted to insert One hundrea.lc; Articles in the Warrant for the 1975 Annual Town Meeting; including 8 Citizens' Articles. NOTE: See Selectmen's Meeting ?o£ February 3., 1975: The Board discussed the proposal from the League of Women Voters for appointments to the Recreation Study Committee, consisting of one representative of each: Board of Selectmen, PLanning Board, Recreation Committee, School Committee, League of Women Voters, Friends of Recreation; three At -Large members. After discussion, the Board agreed to establish a 7 -member committee: Representative of Selectmen, Planning Beard, Rec- reation, School Committee, League of.Women Voters, and two At - Large members. Nominees will be requested. 179 Insert Warrant Articles Recreation Study Committee The Board discussed the request from the Sheraton_ Lexington Sheraton Motor Inn for an extension of hours to 1:00 a.m. under the Inn- Lex/ Motor holder liquor license because of the Bicentennial year and, also, Inn the competition from d her establishments. It was the feeling of the Board not to change from 12:00 Midnight. Chairman Kenney: I would like:to be able to assist them in serving their guests but it doesn't seem to fall in line with the Town's vote on liquor, as they have the license in conjunction with serving food. If they have some special event scheduled, let them write to us fot an extension of hours. 180 Heitman Philip Rd. Street water Connection #7 Ridge P41. Crosswalks - Reed/Bedford Streets Selectmen's Meeting January 6, 1975 Upon motion duly made and seconded, it was voted to deny the request of the Sheraton Lexington Motor Inn for an extension of hours to 1:00 a.m. but to inform them that requests for an extension for special functions may be submitted to the Board for consideration. Chairman Kenney read a report from Mr. McSweeney regarding a request from Mrs. John Heitman, 34 Rockville Avenue, for an abatement of the street betterment assessment of $940 on Lot 112, Philip Road. The report states "that Mrs. Heitman bases her argument on the fact that she bought her property free of any known liens or encumbrances as the former owner, Mr. Carlson, had not been notified of the street betterment. Her argument has some truth but no legal basis unless Town Counsel thinks otherwise." Upon motion duly made and seconded, it was voted to refer Mrs. Heitman's request to Town Counsel for an opinion. Chairman Kenney read a letter from Mr. Robert Chen, Arlington, requesting information as to the possibility of a water connection to Lot #7, Ridge Road as he is interested in purchasing the lot. A report from Mr. McSweeney states that the petition must be received from the owner, not the potential owner of the lot. The Board agreed to so inform Mr. Chen. Chairman Kenney read_a letter from Mr. Robert D. Wright, 24 Meriam Street, requesting the replacement of the concrete side- walk bordering his property with a new sidewalk of similar concrete construction. A report from Mr. McSweeney states that this project will be constructed in the spring. Mr. Wright is to be so informed. Chairman Kenney read a report from Mr. McSweeney stating that the crosswalks at the intersection of Bedford and Reed Streets have been painted, as requested by Mr. Trimhold. The Board discussed the petition for a pedestrian light at the Munroe Munroe School and it was agreed to arrange a meeting with the Munroe School School P.T.A. and the Traffic Safety Committee to discuss sufficient Signal traffic gaps. Executive Upon motion duly made and seconded, it was voted to go into Session Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the interests of the Town or the reputation of a person. Selectmen's Meeting January 6, 1975 After discussion of land acquisitiin, collective bargaining, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9:35 p.m. A true record, Attest: Executive Clerk, Selectmen 181 182 SELECTMEN'S MEETING January 13, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, January 13, 1975 at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Buse, and Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Executive Clerk, were present. Mr. Louis Zehner, Town Treasurer, met with the Board to request Treasurer approval of borrowing $50,000 for the pumping station on the sewer project entered into with the Town of Bedford and the Air Force. We owe $37,000 and there will be some additional costs. In asking for bids, I told the banks that, although the loan would be for $50,000, $37,000 would be taken out immediately. He recommended that the bid be accepted from the low bidder, Depositors Trust Company, in the amount of $50,000 at 3.26 percent interest. Other bidders were County Bank -3.70 percent; Harvard Trust -3.95 percent; New England Merchants -3.75 percent. Upon motion duly made and seconded, it was voted to accept the bid of the Depositors Trust Company in the amount of $50,000 at 3.26 percent interest; notes to be dated January 17, 1975, and mature June 27, 1975. Mr. O'Connell described the circumstances of the tragic fire Fire at 22 Summit Road on January 10, where two women Lost their lives. Summit Rd. The alarm was received at Fire Headquarters at 12:20 a.m., and was reported by a member of the family. Two cruisers and an engine company from East Lexington arrived within two minutes, followed by Deputy Chief Marshall and equipment from headquarters. When the fire- men and policemen reached the seene, the father, Mr. Webb, was hang- ing out the window with his daughter in her arms. The child was taken by the firemen and Mr. Webb fell back into the fire. He was rescued and he and his daughter are hospitalized with severe burns. Mrs. Webb and her mother lost their lives; Mr. Webb's mother is hospital- alized with injuries, and young Peter Webb escaped without injury. It was a hot and intense fire and it showed the imporatance of pre -fire escape drills. I have taken the liberty of writing to the police and fire departments congratulating them on performing such an exceptional and fast job. The Board asked Mr. O'Connell to express their thanks for an outstanding performance by both departments. • 1 1 Selectmen' Meeting January 13, 1975 Mr. O'Connell discussed the proposed budget of the Minuteman Regional Vocational Technical School and it was agreed that Mr. Bailey and Mr. Busa are to represent the Board at a scheduled budget meeting at the Vocational School on January 14. Mr. O'Connell di:ioussee1C. the Comprehensive Employment Train- ing Act. Congress appropriated large sums of money and, at the same time, agreed to extend unemployment payments. At the time, we submitted requests for seven positions and we were told, in- formally, that funds were cut in half and $30-35,000 will be our probable allotment for this year for additional programs; this is done at the consortium level, and ours is headed by Newton. We have been examining our needs in the personal services budget. It becomes a matching proposition between our greatest needs and it has to be done quickly or the money goes elsewhere. Chairman Kenney: What is the requirement?' Mr. O'Connell: Thirteen weeks of unemployment, minority con- siderations, the handicapped, veterans. Preference is given to those whose difficulty is in getting positions. The Board agreed that Mt. O'Connell is to follow up on CETA. Chairman Kenney read a recommendation from the Town Celebra- tions Committee to appoint Mr. Edward Turner to fill the vacancy on the Committee caused by the resignation of Mr. James Fenske. Upon motion duly made and seconded, it was voted to appoint Mr. Edward Turner a member of the Town Celebrations Committee for a term of office expiring April 30, 1975. Chairman Kenney said that the Board will vote the intention to lay out the streets to be submitted for the approval of Town Meeting. Betterment streets to be considered are Kendall Road. and Belfry Terrace; the construction of a public footpath from Valleyfield Street to Waltham Street; and Subdivision Streets recommended by the Planning Board. Residents of Kendall Road were present and submitted a petition: "We, the undersigned six out of seven abutters of Kendall Road be- tween Waltham Street and Hilltop Avenue, are opposed to the town accepting our street. Among the reasons are: 1. It is an unnecessary expenditure of $21,200. 2. Kendall Road would become a cut-off for cars seeking to avoid the light at Waltham Street and Marrett Road. 3. The safety of children playing and going to Franklin School would be endangered. 4. Car accidents at the intersections of Kendall Road with Waltham Street and Marrett Road (which are partially blind) would increase. 183 Min. Reg. Vocational School Budget CETA Appointment Town Celebration Comm. Streets Intent to Lay Out Kendall Rd. Deletion 1-84 Street Intent to Lay Out Selectmen's Meeting Robert Stein Laura C. Stein George A. Amichetti William W. Wright, Jr. Doris L. Wright Mark A. Wright William W. Wright, III Everett M. Dillman Irene Dillman E. M. Cassidy M. F. Cassidy M. P. Kelley Nancy Blue R. G. Blue Virginia F. Amichetti January 13, 1975 9 Kendall Rd., Lexington, Mass. 9 Kendall Rd., Lexington, Mass. 16 Kendall Rd., Lexington, Mass. 11 Kendall Rd., Lexington, Mass. 11 Kendall Rd., Lexington, Mass. 11 Kendall Rd., Lexington, Mass. 11 Kendall Rd., Lexington, Mass. 472 Waltham St., Lexington, Mass. 472 Waltham St., Lexington, Msss. 1 Kendall Rd., Lexington, Mass. 1 Kendall Rd., Lexington, Mass. 1 Kendall Rd., Lexington, Mass. 1 Hilltop Ave., Lexington, Mass. 1 Hilltop Ave., Lexington, Mass. 16 Kendall Rd., Lexington, Mass. Mr. Robert Stein, 9 Kendall Road: The petition states our feel- ings. We differ on why we are opposed but one of the main reasons is not,to open up the street for people to use it to cut off the lights. Chairman Kenney: I think that the position of the Board will be that, because we have petitions for more projects than we have money for and with these tight days for capital expenditures, if the residents don't want the street to be accepted, we concur on deleting the street from the list. Mr. Huse: People on Kendall Road must understand that, at some point in time, every street in Lexington must be accepted, especially for safety and the damage to snowplows. I concur with your feelings for not having it accepted but it is not fair to other people in the Town when you travel over the other streets. If you don't want it, this is the year to take it out. Mr. Bailey: Is there any compelling reason why Kendall Road should be built? Mr. Martin, Assistant Engineer: No, the street was included on the basis of a request. Chairman Kenney: Mr. Husa's point is well taken; the time will come when the street will have to be kept up to standards. Upon motion duly made and seconded, it was voted to delete the intent to lay out Kendall Road from the list submitted. Construction Street for Acceptance Belfrey Terrace 350' From Forest Street the end Footpath Construction for Acceptance Public Footpath 900' From Valleyfield Street to Waltham Street 185 Selectmen's Meeting January 13, 1975 Subdivision Streets for Acceptance Columbus Street 150' From the accepted portion of Columbus Street to end 2230' From Sherburne Road to the Vine Brook 1125' From Kendall Road to 110' beyond Dane Road Worthen -ad 1100' Starting 400' from John Poulter Road to 150' beyond Sherburne Road Springda e Road 900' From Bates Road to the end Emerson -ad 520' From Maple Street to the end Bryant •-ad 330' From Page Road to Emerson Road Bushnell Drive 470' From Worthen Road to the end Village •ircle 1350' From Bryant Road to the end Militia 'rive 460' From Worthen Road to the end Kendall Road Sherburne Road Upo motion duly made and seconded, it was voted to set the date Street for Stee=t Hearings on February 5, 1975 at 7:30 p.m. in Estahrebk '. Hearings Hall. Mr. Stanley Blank, residents of Circle Road, and Mr. Paul Village MacKenzi=, Representative of the Planning Board, met with the Select- Circle men to scuss the Village Circle island. Island Ch= rman Kenney: Several years ago, the Town accepted Village Circle subdivision) under cluster -type zoning. At the end, there is an is and and, from an appearance standpoint and a draining stand- point, i leaves a lot to be desired. Nothing was done to this island. It was oversight and we had some discussion with the Planning Board and we a=ked Mr. McSweeney to meet with the neighbors. We ave received a memo from Mr. McSweeney stating "a meeting was held with the neighbors of the Village Circle area on Friday, December 27th, at the home of Mr. & Mrs. Daniel F. Doran, Jr., 16 Village rcle. This meeting was held at my request with Mr. Kenneth Briggs, Manning Director, assisting me in notifying all parties concern Tho e in attendance were John McSweeney, Paul Mazerall, Paul MacKenzi:, Kenneth Briggs, Albert Zabin, and residents of Village Circle: Mr. & Mrs. Stanley Blank, Mr. & Mrs. Joshi, Jean Kleinschmidt, Mrs. & M Daniel Doran, Jr., Mr. & Mrs. Edward Ruane, Mr. & Mrs. Joseph S iney, Mr. & Mrs. Joel A. Adler. I e •lained to the residents that this was an informal meeting and that the Board of Selectmen had requested that I obtain their opinions on the existing condition of the Circle and of any recommended proposal that they might suggest. It as the abutter's wish that the Circle be landscaped with a conto at street grade or higher and that the landscaping be such, with a m nimum of maintenance. As you know, this proposal was estimated at a cos of approximately $10,000. 186 Selectmen's Meeting January 13, 1975 On December 30th, I requested the Engineering Department to take some spot elevations within the Circle and the adjacent drain- age structures. After reviewing this material, it is my recommend- ation that the Circle be filled in with pervious material with a variable depth from 1' to 3', landscaped with appropriate ground cover, and shrubs that will spread naturally and mix with the native annuals. The total cost of this proposal is approximately $3,000." Mr. Stanley Blank: These are comments of the neighbors: We would like to appeal to the Selectmen's sense of fairness to rectify the situation. It is unique in that the Circle was turned over to the Town, and the Town having accepted it in this state. This error should be rectified, consistent with the homes surrounding it. I don't feel those facing the street should be penalized for a situation over which we had no control. All the people facing the Circle have been promised that the Circle would be filled and graded and broughb to a finished state. Many people made a decision to buy a home based on those promises, nebulous as they were. We appeal to the Board on that basis. Basically, people on the street would like to see it filled to grade and mounded over and planted, as Mr. McSweeney re- commends. If left in a dish -shaped area, this way there would be standing water. Mr. Bailey: Is the solution that you are saying is acceptable to you and the neighbors the same as Mr. McSweeney recommended? that the Circle be filled in with pervious material with a variable depth from 1' to 3', landscaped with appropriate ground cover, and shrubs that will spread naturally and mix with the native annuals. The total cost of this proposal is approximately $3,000." Is this acceptable? Mr. Blank: If I understand it, it would still leave it in a semi -dish form and it would not be up to grade. Mr. Adler: To sum it up, most of the people are not against wood chips. Chairman Kenney: We are not offering them. You get into a maintenance problem with them. Mr. Blank: As it is now, it is a bunch of boulders and weeds. Chairman Kenney: Mr. McSweeney is talking about landscaping with an appropriate ground cover. Mr. Blank: We have no disagreement with that. It is a matter of grade and getting rid of standing water. Mr. McSweeney: The proposal I am submitting will get rid of standing water. Mr. Busa: If standing water is eliminated, then the grade is not paramount. Mr. Blank: Does Mr. McSweeney's solution also include plant- ing of trees? Mr. McSweeney: Yes. Chairman Kenney: As I understand it, you raise the grade 1 to 3 feet, cover and plant it - a rustic -type area. 1O1 Selectme 's Meeting January 13, 1975 Mr. McSweeney: Yes, and use some of the materials that Mr. Kleinsc dt had submitted in an earlier proposal. Most of the expendit e of $3,000 is in landscaping. When I say filling from 1 to 3 f:et, we go up to the area: there will be a french drain in it (alth.ugh I don't think it is necessary) and catch basins out- side of he island. Cha rman Kenney: You are saying there will be drainage? Mr. Busa: He is saying drainage up to grade. Mr. Brown: The center of it is not 5 to 6 feet below street level. .t do you mean? Mr. McSweeney: It will be a dish. Mr. Busa: But it will drain out. Their concern is that there won't be standing water. Mr. McSweeney: There will be a drain in it but it won't be in the bowl Mr. Adler: Most of the people would rather it be brought up to street 1 vel. They would be willing to accept 3 feet and a drain as an al ernative to nothing. Mr. Bailey: I think we are hearing the difference between $3,000 and $10,.00. Mr. Adler: You are doubling the fill at $10,000. Mr. Bailey: There were differences in landscaping between $3,000 and $10,'00. Mr. McSweeney: I know they were talking $7,000 for the fill. Mr. O'Connell: $10,000 was my figure for the budget. Charman Kenney: Are you saying $7,000 for fill and $3,000 for plan ing? Mr. Blank: The figure I heard was $2.50 per yard and it wouldn't take 100 truck -loads to fill it, and that would be $2,500. Mr. Busa: You can't estimate by truck -load, only by engineering estimate-. Mr. McSweeney: In taking free and standing water out, we are giving w at you asked for, otherwise it would end up as a park. This area is of unique and it should have a natural look and be in keeping with the surrounding neighborhood, and provide practically no main- tenance for the Public Works/Engineering Department. Mr. Bailey: What is the diameter? Mr. Blank: 25,000 sq. ft. Mr. Bailey: Are there any other funds available other than Town funds? hat about the developer? Mr. McSweeney: The developer has only promised to donate a certain number of trees, maybe ten. Mr. Blank: If it isn't in writing, I don't think you can count on it. Mr. Bailey: Would the neighborhood contribute? Mr. Blank: The neighborhood don't want to contribute since it isn't t eir land, nor do they want to contribute to a maintenance Grogram. We are not 1 ]king for a park but to end up with an area that is pleasing in appearance, and not have standing water, which is a ha-ard to children - and when you drive down the street, not to see .he Village Circle landfill. Chairman Kenney: Mr. McSweeney has given you what you want. Mr Blank to Mr. McSweeney: What do you envision for trees? 188 Selectmen's Meeting January 13, 1975 Mr. McSweeney: Swamp maple, willows. Mr. Blank: Is there a possibility of putting in a few ever- greens? Mr. McSweeney: I look at those as something bought from a local nursery. Chairman Kenney: Would evergreens grow there? Mr. McSweeney: I don't know. Mr. Busa: There could be flowering shrubs and some laurels. Mr. McSweeney: I understand from Mr. Mazerall (Tree Warden) that everything Mr. Kleinschmidt has suggested in his letter (about ground cover and trees) would go very well in the type of area I am talking about. Mr. Blank: The neighbors would primarily be interested in having an area pleasing to them rather than this. It is facing nine homes. Mr. Bailey: What we have to do, as a result of this discussion, is come up with a dollar figure. My inclination is to opt for $3,000, with the proviso to accept any trees the developer would supply; also, the cost of fill and landscaping be drawn up by the Director of Public Works. We will go as far as we can with $3,000 and materials suppli- ed by the developer. Chairman Kenney: You are suggesting the acceptance of the re- commendation of the Director of Public Works and, on the type of trees, to consult with Mr. Paul Mazerall to give it the best possible appearance. Beyond that, I would suggest we put it in the operating budget. Mr. MacKenzie: Do you want it under Article 4? Mr. Busa: Yes, under park maintenance. Mr. Adler: The $3,000 figure is a nice round figure but if any- one looked at it, he would say, "How many yards and how much land- scaping?" I suggest that $3,000 might bring it up to street level and bring it up to a park nature. Mr. O'Connell: I don't know about being able to buy fill for $2.50 a yard, nor how much it would be in the spring. Mr. McSweeney: I suggest you ask what someone else could do with 25,000 sq. ft. We are very close to the dollar when we say between $6-$7,000 worth of fill. Mr. Adler argued that $6-$7,000 would be a faulty figure. Mr. Bailey: I think you are getting what you want for $3,000. The Board agreed and will include $3,000 in the DPW operating budget for the Village Circle island. The residents of Village Circle retired from the meeting. Hartwell Mr. McSweeney, Director of Public Works/Engineerings Mr. Chase, Avenue Town Engineer; Mr. William Martin, Assistant Town Engineer; Mr. Sanitary James Snell, Project Manage'of C.E. Maguire Co., met with the Beard Landfill to discuss the Hartwell Avenue landfill study. 189 Selectme s Meeting January 13, 1975 Mr. McSweeney: We feel we are wrapping up from an engineer- ing stan.point as much as we can, without too many results from the State ag:-ncies we are dealing with. We thought we were ready a year ago Both C. E. Maguire and you felt we had supplied them with suf icient data. Last year, we had meetings with them and January 6 will be our 8th meeting. We have provided the Depart- ment of atural Resources With a wealth of information and, about three mo the ago, a letter from DNR said they would not conduct future r -views until we had provided information on equal com- pensatin; storage and adverse effects on public water_supplies. DNR had eceived correspondence from the Department of Public Health t at the landfill may adversely affect the wells of the towns of Bedford and Burlington. We again met with.DNR and provided them with additional information. C. E. Maguire has stressed water quality, which was submitted to the Department of Publi Health. In .bort, we are having trouble getting answers out of two State ag=ncies. It is the position of the Engineering Department and C. E Maguire that we have supplied sufficient data for them to make = finding, but we are unable to get any conclusions on the project. Mr. McSweeney: In October, we received two condition from DNR, one from the Department of Public Health and the other, DNR's require nts for compensatory storage. Our reaction was, at first, to try - d meet all the rules and regulations. After discussing them wit Maguire and the Engineering Department, it was agreed to investig=te both of these one more time and come up with a form for comp-nsatory storage - and we set up a meeting with DPH on January to review conditions for DNR. The purpose of the meeting tonight is that we feel all of the data sho ld be forthcoming and we have a plan and proposal for submitt to DNR; an operating plan that conforms to the rules and regulations that will be submitted. I would like to request that this fi =1 committal to both agencies be done by the Selectmen, in- cluding = request for a formal or informal meeting with Commissioner Brownel of the DNR and Commissioner Collins of DPH. The second reason for this meeting tonight is: C. E. Maguire has eval ated this project and also an additional one on Tophet Syw p. eeting at DNR and DPH have been very frustrating. I think it is t' e the Board stepped in and opened some doors. Mr. Snell can rep sent Maguire's side of the highly professional job they have do in Lexington; which we have had without asking for further compens.tion on their part. Mr. Snell: I would like to thank the Board for the opportunity to be o service. We feel we have designed the side in accordance with Ch ter 11 -the status of plant life of the area (an ecologist studies it) and that any further fill would not have an effect on the are. We tested the water quality relative to water pollution to show ater entering and leaving the system and, also, the hydrolic and dra'nage so that any undue hazard would not be created as far 190. Selectmen's Meeting January 13, 1975 as 10, 50, or 100 year flood is concerned. We evaluated every situation and our professional opinion is that DNR and DPW have enough data. Chairman Kenney: In summation, you have had many meetings,, which have been going on for over a year. Through C. E. Maguire, you presented Engineer -data, and you are frustrated because DNR has given you no Order of Conditions. I have received a draft of a letter which Mr. McSweeney recommends be sent to the DNR. Does the Board approve the position stated in the letter? The Board agreed that the following letter is to be sent to Commissioner Brownell, Department of Natural Resources: "You have received, under separate cover from C. E. Maguire, the supplementary information relative to "equal compensating storage" as requested in comment No. 2 of your letter of October 8, 1974. Comment No. 1, relative to "adverse effects on public water supplies," is addressed in the Operation Manual and the ecological and enviromental overviews, which have been in your possession for some time. As a result of seven previous meetings with your office, numer- ous meetings with other state and local agencies, and the abundance of additional supportive data transmitted at these meetings, it is the position of the Town of Lexington that sufficient information now exists, and is available in your office, for you to make prudent and definitive conslusions as to whether any significant, adverse effects would result if this project were to proceed. We also respectifully remind you that, as of the first of next month, one full year will have elapsed from the date of the original filing of a notice of intent for this project. The Town can ill afford to proceed with their long-range solid waste disposal plans without benefit of some indication of an approved direction. We believe that the Deparnent of Natural Resources has an obligation to promptly and accurately proceed in this matter and, in light of this request, that a meeting between you and our board be arranged at your earliest possible convenience. We will look forward to hearing from you shortly regarding this matter." Chairman Kenney: I would point out that the townspeople have to be kept aware that the sanitary landfill is running out; we only have two years, ecologically, to satisfy all the problems that were presented to us - and we have done it. If we had to close the dump, we would have a major problem. Mr.McSweeney is to bring the above -quoted letter to the meeting with DNR on January 16, 1975. Mr. Chase, Mr. Martin and Mr. Snell retired from the meeting. 1 1 191 Selectmen's Meeting January 13, 1975 Chairman Kenney read a report from Mr. McSweeney regarding a request from Mr. Peter Sowkow for permission to relocate the brook on Lot 91 Valleyfield Street: "In our letter of May 2, 1974, to Attorney David P. Murphy, representing Tripi-Sowkow, we stated that permission to do the work could be given by the Selectmen. As a condition of this permission, we asked for an acceptable plan and profile of the relocation. That condition has only been partically met DPW/Engineering requires a plan showing what is proposed to be done, not one with several alternatives. We also require a profile, not spot grades. We also ask that the existing 24' sewer line in Grassland Street be shown on plan and profile. Chapter 263 of the Acts and Resolves of 1926, "the Drainage Bill," grants the Town of Lexington through its Board of Select- men authority to alter water courses and to acquire brook ease- ments as it deems necessary. While this request is solely for permission to alter the course of a brook, DPW/Engineering feels that is also an opportunity to acquire an easement where one does not presently exist. Town acquisition.of an easement would serve everyone's interest in that the course of the brook would be firmly set once and for all, and the unquestionable right to enter private- ly -owned land would be given to the Town. We have asked.Mr. Murphy for consideration of such a grant of easement. We have also stated that its width and location could be decided by mutual agreement. Inasmuch as our request has received no reply, we recommend that permission to relocate the brook be given subject to the granting of an easement to the Town and subject to submittal to DPW/Engineer- ing of an acceptable plan and profile of the work to be done. After discussion, the Board agreed to grant permission subject to conditions. Upon motion duly made and seconded, it was voted to grant per- mission to Mr. Peter Sowkow, 64 Valleyfield Street, to relocate the brook on Lot 91 Valleyfield Street, subject to the following conditons: 1. Plan and probile to be submitted to the Director of Public Works/Engineering for approval of the work to be done. 2. A grant of a brook easement is to be furnished to the Town. 3. Contact Mr. McSweeney to further discuss the project. The Board discussed and agreed to amend the Traffic Rules and Stop Orders for the addition of Stop signs. Signs - Upon motion duly made and seconded, it was voted to amend the Traffic Traffic Rules and Orders of Lexington by adding to Article VIII, Amendment Section 22, Schedule #7, the following: Liberty Ave. and Revere St. 92 Permit Green Town Warrant Printing Executive Session Selectmen's Meeting STREET Liberty Avenue Revere Street Revere Street Revere street LOCATION Southeastbound Northeastbound Southeastbound Northwestbound January 13, 1975 at Revere Street at Hancock Street at Hancock Street at Revere Street REGULATION Stop Stop Stop Stop The Board agreed to request approval of the State Department of Public Works for the amendment to the Traffic Rules and Orders by the addition of Stop sign locations. Upon motion duly made and seconded, it was voted to approve the request of Mr. Donald J. Gillespie for a Lexington High School Band Concert on the Green on Sunday, June 8, 1975, from 2:00 - 4:00 p.m. Chairman Kenney informed the Board that a telephone quotation has been received from the Lexington Press, Inc. to print the 1975 Annual Town Warrant in the amount of $41.50 per page. Upon motion duly made and seconded, it was voted to award the contract for the printing of the 1975 Annual Town Warrant by the Lexington Press, Inc., 7 Oakland Street, Lexington, in the amount of $41.50 per page. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town, or the reputation of a person. After discussion of matters of personnel and the financial interests of the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 11:00 p.m. A true record, Attest: 4 L2 i 2he Executive Clerk, Selectmen 193 SELECTMEN'S MEETING January 20, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Rom, Town Office Building, on Monday, January 20, 1975, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa, Brown, and Mrs. Battin; 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 discussed the outcome of the trail of members Mahoney - of the Mahoney family of Watertown Street. Mr. Mahoney was (found Police guilty on two counts of assault against police officers and given 6 months suspended sentence of June, 1975. His 17 -year old son was found guilty of assault on police officers and given a 1 -year suspended sentence of January, 1976. The charges brought by the Mahoneys against the police officers were dismissed as Judge Penan found no probable cause. Mr. O'Connell informed the Board that he had received a call Bicentennial from Mr. Torkington of the State Bicentennial Commission advising him that the Dukakis administration was taking a more positive approach regarding the Lexington -Concord celebration on April 19, 1975. Mr. Torkington was told that we appreciated his efforts but it is far too late. We have been denied assistance up to the top level of the Pentagon and we can't see that Governor Dukakis can do anything about it now. Chairman Kenney: Our Bicentennial Chairman, Mr. Cole, and the Bicentennial Director, Mr. Tarlin, will be invited to meet with the Board for an updated report on their plans. Dr. Eric Clarke, Chairman, and members of the Planning Board; Mr. Daniel Busa, Chairman, and members of the Recreation Committee met with the Board to discuss the Center swimming pool. Chairman Kenney: Last year, $10,000 was appropriated for a filter and $5,000 for a trailer. This was a joint recommendation of each one conoerned,with the idea that we would buy a little time to address ourselves to the problem of when or how to update the center pool. Also, Town Meeting authorized a study to be made on the needs for recreation. Mr. McSweeney: We did get bids for the filter, which would absorb the $10,000; to install, it would be $35,000. I feel that neither the Selectmen, Town Manager or DPW would want to invest $45,000 for a pool which would not meet State standards. As a collective group, we will now have to revise our timetable concern- ing the Center pool. Center Swimming Pool 194 Homestead St. Street Betterment Cert. of Incorp. Bonds Selectmen's Meeting January 20, 1975 Dr. Clark: We felt we have some money for moderate repairs and know the pool would have to be closed for a matter of days, but the Res would be open. We did want to advance the timetable on the pool. Mr. Daniel Buse: Members of the Recreation Committee are working on a study. It is our feeling to keep our fingers cross- ed and ride out the summer. Mr. O'Connell: One basic question, "Will that Center pool stay physically where it is, and are we going to filter the swimming pool water at that site for 50 years? Dr. Clarke: I visualize the problem in different terms. Does the Town want a summer facility or a year-round, or you may want to abandon that location. Mr. O'Connell: I never visualized that study you are talk- ing - to go to an all year round winter sports complet. That came later, and it prsents a complication. Dr. Clarke: If the Town warrants it, I can see abandoning the Center. Mr. O'Connell: The recreation plan is basically geared to 1 or 2 in the Center an done at Harrington School. The alter- native to this is for the Center pool to have a short life, not be expanded in size, but maybe crank it up for 10 years. Chairman Kenney: It will be $35,000 for filter installation and another $3,000 for electrical conduit. It was agreed by all not to spend money for the filter. Dr. Clarke: We will concentrate on answers on the pool location. The Planning Board and Recreation Committee retired from the meeting. Mr. Cohen read a letter from Mr. Thomas Wenham, Assistant Assessor, requesting the Board to vote to suspend the outstand- ing street betterment of $45 on Lot 511, Homestead Street, which was acquired by the Town in May, 1974. Upon motion duly made and seconded, it was voted to suspend the outstanding street betterment on Lot 511 (Assessors' Map 58, Lot 143) Homestead Street in the amount of $45,, such lot having been acquired by the Town of Lexington in May, 1974; subject to the condition if said lot is ever sold, the person acquiring it would be responsible for paying this betterment balance. Upon motion duly made and seconded, ,it was voted to certify the character of Jordan Brickman, 20 Lillian Road, ;and Lewis Werlin, 54 Albermarle Avenue, who have applied for a Certificate of Incorporation, "New England Mental Health Services, Inc." Upon motion duly made and seconded, it was voted to accept the recommendation of the Tax Collector to approve bonds for Deputy Collectors Paul E. Kelley and Patrick J. Moynihan, in the amount of $5,000 each. Selectmen's Meeting January 20, 1975 Chairman Kenney read a letter from Mrs. George P. Morey, 90 No. Hancock Street, requesting a further extension of street betterment assessments on her property on Blake Road. Upon motion duly made and seconded, it_.was voted, under the provisions of Chapter 159 of the Acts of 1950, to further defer payment of the street betterment assessment in the amount of $1,250, levied against property located on Blake Road and owned by Mrs. George P. Morey, without interest, until said land or any part thereof is built upon, sold or until the expiration of three years from the date hereof of January 20, 1975, whichever event occurs first; provided, however, that this extension of time shall terminate immediately if avid land or any portion thereof is built upon or sold. Upon motion duly made and seconded, it was voted to approve the recommendation of Mr. McSweeney, Director of Public Works/ Engineering, to sign the following water abatements: (All are billing errors) REQUEST FOR M.I.T. Lincoln Laboratory Phyllis Janowitz Paul J. Mosca Harold Page Jerry Waldman Charles R. Cook, Jr. William C. Sears Helen Dieter John Richheld M. J. Dondero Karen Adelson Ernest Smith James Johnston ABATEMENT OF WATER BILLS 238 Wood STreet $4,372.65 33 Ivan Street 14.85 40 Bernard Street 11.70 3 Bushnell Drive 103.50 73 Spring Street 31.95 10 Revere Street 11.25 195 Burlington Street 9.90 21 Fletcher Avenue 2.25 7 Adams Street 8.10 38 North Street 38.70 16 Winchester Drive 30.00 50 Fern Street 22.05 116 Concord Street 14.45 Chairman Kenney read a request from the Massachusetts Easter Seal Society to declare February 13 as Coffee Day for Crippled Children. Upon motion duly made and seconded, it was voted to authorize Chairman Kenney to sign the Proclamation declaring Thursday, Feb- ruary 13, 1975, as Coffee Day for Crippled Children. Chairman Kenney read a request from Mr. Norman P. Cohen, Town Counsel, to sign two copies of a deed conveying tax title lots on Wood Street to the Lexington Housing Authority. The authority for this conveyance is in accordance with the vote of the Town Meeting at the adjourned session held on March 16, 1953, as follows: "VOTED: That the Selectmen be and they hereby are authorized, however from time to time constituted, to sell and convey any ofthe real estate now or thereafter acquired by the Town by taking or sale for nonpayment of taxes, the right of re- 195 e - 195 Morey Street Betterment Deferment - Blake Road Water Abatement Proclamation Land Con- veyance - Lex. Housing Authority 196 Refuse Disposal Selectmen's Meeting January 20, 1975 demption of which has been or shall be foreclosed or otherwise terminated, upon such terms and conditions as they may approve." Upon motion duly made and seconded, it was voted to sign the deed conveying tax title lots 314 through 322 on Wood Street to the Lexington Housing Authority, subject to the condition that the grantee must erect structures within a 5 -year period. Mr. William Whalon, Chairman of the Regional Refuse Disposal Study Committee, met with the Board. Chairman Kenney: As I understand it, your committee has not been active lately and is dormant. We were approached by the South Essex Solid Waste Council and we would like your comittee to look at their proposal, and I want to emphasize that these are the types of operation open to the town as our landfill will run out in three years. We want the townspeople to know that the landfill will be (a) expensive; (b) of dubious value. Mr. Whalon: Mr. Peter Cambourelis of our committee devotes his time to this specific activity; his work is in the development.. of refuse disposal, through design. He has the expertise and has been monitoring it since our report to the town in 1970. The history is, after participating with Waltham, Lincoln, and Bedford, it was concluded there was no magic solution to the problem of disposing of refuse. It is too costly and environmental restrict- ions would inhibit the use of its. We felt that as long as the landfill could be used, the town would be far better off awaiting some solution that was practical and financially feasible.. At one time we thought it a possible soluction to haul by rail or truck to a remote area. There was a State study on taking it to Worcester but the Penn Central isn't here any more. In recent times, other people have gottn interested in resource recovery; there are task forces for companies to get federal money. They are building a $25 million one in Lynn which is supposed to generate steam to G.E., and I think they are already in trouble. On this Essex proposeal, they think they are going to recover a lot of money, and they paid a lot of money to research; they will sell power and steam to Peabody. They will take our stuff for $11.00 and they estimate our transportation costs at $4 a ton, but I don't agree. Mr. McSweeney: There are capital costs for a transfer station and, also, a landfill site. Mr. Whalon: For one of these regional groups to succeed, they require 300,000 tons per year. The Minuteman Regional Refuse group has hired A.D. Little for a $50,000 study, and they are talking about little towns like Stow and Maynard, and they would like to have Lexington in on it; in fact, they:.would like to have it here. I am saying there isn't any solution to this. It is our feeling if Lexington canfighi4in there and maintain its present relatively low cost operation in keeping our own material and disposing of it in a rather decent way, one of these days, within 1 Selectmen's Meeting January 20, 1975 4 or 5 years, there may be something feasible and financially possible. I think the town is doing a good job in taking care of the problem without overextending itself in unproven areas. Chairman Kenney: The cost in this proposal was $9.50 a ton, $1.50 site use plus $4.50, and that totals $15.50 a ton. What does it cost now? Mr. McSweeney: $3.50 a ton. These estimates of costs do not include all the things like capital outlay, transfer stations. Chairman Kenney: You are saying that a more realistic estimate is.up around $20.00. Mr. McSweeney: Yes, That only covers service charges, not capital outlay for the services. Mr. Whalon: Right. They never include site development in these costs. Mr. McSweeney: While we are talking 2 or 3 years, if we got approval tomorrow for 16 acres, it would raise our development. cost around $5.00 to $5.50 a ton to utilized for 16 years. If South Essex got everyone, it would be 10 years to get approval to get this program going. Everything is pending on approval of the State. Chairman Kenney: We will answer the South Essex Solid Waste Council that we can see no way at this time that we would be in- clined to join them; for ourselves, we would again emphasize that the town convince the state that we can use the sanitary landfill. Mr. Whalon retired from the meeting. Mr. George Silverman, Chairman, and members of the Capital Capital Expenditures Committee met with the Board to discuss capital items. Budget Mr. Silverman: We are trying to keep capital expenses in re- Items lation to the tax rate. Chairman Kenney: Last year, you got a bonus; this year, we are back to reality. Mr.. Silverman: When I came on the committee in 1972, since there was, a holding back on DPW equipment, we knew we were going to pay for it due to inflation. Chairman Kenney: We are replacing what is falling apart. We are on schedule on sewers. Mr. Silverman: Obviously, we can no longer keep it at that level. If we go to higher dollars, we have a higher tax rate. Mr. Kingston: We have seen $200,000 for equipment but if we put in for $200,000 and the Appropriation Committee knocks it down, it affects our budget. Mr.. McSweeney: The whole purpose of a 5 -year forecast is to update it. We have had requests every year for between $300- $400,000. Now, the forecast is half of that. I can't see it as being too high. Mr. Kingston: We have seen the projection of $200,000 a year but we have not seen documentation. Mute 2 Workshop Street Notices to Abutters Selectmen's Meeting January 20, 1976 Mr. O'Connell: We have not tried to put the effort in to support the forecast but to support the budget. Mr. Silverman: What is your feeling on recreation? It is important but we have neglected recreation. Last year, it was $31,000 and we built four tennis courts. Chairman Kenney: It is our feeling that recreation was one area over the years that hadn't been progressing the way it should have been. The figure of $50,000 you are carrying is low by a factor of 2. Mr. Silverman: We have noticed the Center pool. Chairman Kenney: We had a meeting tonight with Recreation and Planning Board and the study hasn't gone far. The Manager asked them to look at the locus of the pool. It was decided not to spend money for a filter. Mr. Silverman: We will meet with you again for discussion. The Board agreed and the Capital Expenditures Committee re- tired from the meeting. The Board discussed a letter from Skidmore, Owen and Merrill requesting the Selectmen to schedule meetings on a Route 2 work- shop. Mr. O'Connell: Mrs. Attshuler called me and I suggested that the first workshop be with Town officials. The Board agreed to schedule a meeting on February 5 at 8:15 p.m. with tab Planning Board, Conservation Commission, Design Advisory Committee, Street and Sidewalk Advisory Committee, the Selectmen and representatives of Skidmore, Owen and Merrill. Chariman Kenney requested the Board to sign notices to the Constable. Upon motion duly made and seconded, it was voted to sign the notification to the Town Constable to deliver to abutters the Notice of Intent to Lay Out Streets, and the notice of hhe street hearings to be held on Wednesday, February 5, 1975, at 7:30 p.m. in Estabrook Hall for the following: Construction Streets For Acceptance Belfry Terrace - 350' From Forest Street to the end Foothpath Construction For Acceptance Public Foothpath - 900" From Valleyfield Street to Waltham Street Subdivision Streets Columbus Street Kendall Road Sherburne Road For Acceptance - 150' From the accepted portion of Columbus Street to the end - 2230' From Sherburne Road to the Vine Brook - 1125 From Kendall Road to 110' beyond Dane Road 199 Selectmen's Meeting January 20, 1975 Worthen Road - 1100' Starting 400' from John Poitlter Road to 150' beyond Sherbu ne Road Springdale Road - 900' From Bates Road to the end Emerson Road - 520' From Maple Street to the end Bryant Road - 330' From Page Road to Emerson Road Bushnell Drive - 470' From Worthen Road to the end Village Circle - 1350' From Bryant Road to the enc Militia Drive - 460' From Worthen Road to the end Mrs. Battin informed the Board of the resignation of Mi4 Jean Re -Place Miley as Director of Re -Place. The Drug Advisory CommitteelIvoted unanimously to request Re -Place to allow Dr. Jack Monderer tb participate until a replacement is found. We gegret seeing Jean go as she has done a terrific job. Upon motion duly made and seconded, it was voted to appoint Selectman Bailey as Acting Chairman of the Board from Januar 22 to February 4, 1975 during Mr. Kenney's vacation period. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which if made public might adversely affect the public security, the financial interests of the Town, or the rep- utation of a person. After discussion of matters concerning collective bargaining, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10:50 p.m. A true record, Attest: Executive Clerk, Selectmen Acting Chairman Executive Session 200 Building Inspection Fees SELECTMEN'S MEETING January 27, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on January 27, 1975, at 7:30 p.m. Acting Chairman Bailey, Messrs. Busa and Brown, and Mrs. Battin;: 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 discussed the new Uniform Building Code and re- quested the Board's guidance in adopting a practice of charging fees for certification of inspection on those public buildings formerly inspected by the State. After discussion, the Board agreed not to adopt a fee schedule at this time. Cert. of Upon motion duly made and seconded, it was voted to certify Incorp. the character of Fran P. Hosken, 187 Grant Street, and Anne M. Vohl, 27 Partridge Road, who have applied for Certificate of Incorporation, "Women's International Network, Inc." Town Upon motion duly made and seconded, it was voted, in accord - Financial ance with G.L. Chapter 41, section 61, to accept the financial Reports reports of the Town as of June 30, 1974, as submitted by Mr. Richard M. Perry, Town Comptroller. Liquor - Acting Chairman Bailey read a request from the Sheraton Sheraton Lexington Motor Inn for an extension of hours to 1:00 a.m. Lexington (from 12:00 M) during the period of April 1, 1975 to October 31, Motor Inn 1975. The Board agreed the period should extend only to September 30. Center TraUic Upon motion duly made and seconded, it was voted to grant per- mission to. the. Sheraton Lexington Motor Inn for an extension of hours under their Innholder•liquor license until 1:00 a.m. for the period of April 1 through September 30, 1975. Acting Chairman Bailey read a report from the Traffice Safety Committee in response to a letter from Mrs. Sidney B. Williams, 196 Follen Road, regarding traffic congestion at the Center traffic light if a motorist pulls over to ask directions or to obtain information from the police officer on duty there. The report states that the committee feels that under the present physical layout of the sidewalk, no steps can be taken for the removal of a metered space since it would only serve to de- plete the already inadequate number of parking spaces. The committee recommends that no action be taken on Mrs. Williams' request. 1 Selectmen's Meeting • January 2 1975 The Board discussed and agreed that, at the discretion of the officer on duty, two meters could be covered with "N0 Parking" hags during the heavy tourist season. A'reque$t will be made to the Police Department to so inform the office on duty. A letter is to be written to Mrs. Williams regarding the action of the Board. Acting Chairman Bailey read a report from the Traffic Safety Committee in reply to a request from Dr. Julian L. Perlmn, 35 Buckman Drive, for the installation of a "Stop" sign t the intersection of Buckman and Dawes Road. The report, states that this location was studied dur ng June and July of 1974 for compliance with the Stop Sign Warra is and found that it did not comply. The Engineering Division has again reviewed the location and it still does not comply. Therefore, it is recommended that no action be taken on Dr. Perlman's request. Upon motion duly made and seconded, it was voted to accept the recommendation of:the Traffic Safety Committee that no a:tion be taken on Dr. Perlamn's request for a "Stop" sign at the intersect- ion of Buckman Drive and Dawes Rad. Dr. Perlman is to be informed by letter of the findi g of the Board. Acting Chairman Bailey read a letter from Brigham's request- ing the installation of waste receptacles in front of the shop on Massachusetts Avenue. Mr. McSweeney: We have talked with Brigham's and the Chamber of Commerce and it would be a good idea. The Board agreed that Mr. McSweeney is to make arrangements for the installation of waste receptacles in front of Brigham's on Mass. Avanue. Acting Chairman Bailey read a report from the Traffiic Safety Com{ittee in reply to a request from Mr. F. J. Trimhold,57 Reed Street, for "Go Slow Blind Person Crossing" signs on Bedford Street near Reed Street. The report states that unless the motoring public sees a blind person crossing at this 1oction a relatively large percentage of thet'times they travel thi's area, a sign will be almost totally ignored. Unfortunately, the signs will have the opposite effect on the sense of security of the blind person, and he might become slightly less alert. It is the opinion of the Committee that this location will never be fully safe for this person. Further, we feel that it is act- ually to this person's benefit that the signs not be installed. Therefore, the Committee recommends that this request be denied. Mr. Busa moved to accept the recommendation of the Committee. Mr. Brown: Ircen't vote until I have more data and in- formation. 21)1,. Stop Sign - Buckman/ Dawes Brigham's Waste Receptacles Trimhold - Blind Person Crossing Sign 20'2, Munroe School P.T.A. - Traffic Signal Selectmen's Meeting January 27, 1975 Upon motion duly made and seconded, it was voted to table the request of Mr. Trimhold pending futher information from Mr. McSweeney. It was agreed to write to Mr. Trimhold and inform him that the Board is interested in knowing how frequently a blind person. finds it necessary to cross Bedford at Reed Street. Mrs. Roberta Shankland, President, and member of the Munroe School P.T.A. met with the Board t6 discuss a previous request for a pedestrain traffic signal at the Munroe School. Acting Chairman Bailey: We had a meeting with you on Sept- ember 30 and it was condluded that requirements for a Warrant for School Crossings would be considered. This required that studies be made on the number and extent of gaps. We instructed the Traffic Safiety Committee to study it and the study was made in December; the P.T.A. study was made in October. The con- clusion was, (1) the Town's study shows that there are adequate gaps during peak times on 10 second gaps for crossing, (2) the P.T.A. study shows there are not adequate gaps based on 14 second gaps. We would like to ask the Traffic Safety Committee to put these together and review both reports, and come back and tell us what is is - 14 or 10 seconds. I have the feeling it will be closed to 14 than 10 and, if it turns out that 14 is the right number, and the fact that there are not adequate gaps as shown by the study, we have to go one more step. As we interpret the State warrants for school crossing signals, it is necessary to conduct surveys during the period children are going to and from school. If you tell the crossing guard not to be there for three days, and you go there with your stop watch, is that=- acceptable to you.. Mrs. Shankland: We timed her and discovered she was using about a 15 second gap. If you want to accept that Mr. Bailey: We might, but our,eat-s the State DPW, and whether they will accept it. We could try. Mrs.Shankland: Is it possible to use the period before she comes and after she comes? Would they accept it? Mr. Bailey: We could ask. Mr. Silverman, Town Meeting Member: There is a question of children's safety. Ask the State to measure the gap a block or two on either side. Mr. Bailey: That is a fair question to ask them. We will run down the list and ask them what they will consider acceptable information and then put the package together. Mrs. Shankland: We didn't choose 14 arbitrarily; wanted to be objective and that is the reason we wanted to be objective. Selectmen's Meeting Janua 27, 1975 Mr. Bailey: If Traffic Safety agrees with you, we will go to the State and ask what is required to get a Warrent for School Crossings. As long as things are going in a positive direction, we will not come back to you, but if we hit a snag we will come back to you. Mrs. Shankland: The problem is to establish what that gap is. The Board and Mrs. Shankland agreed to :the above co: and the Munroe School P.T.A. members retired from the me The Traffic Safety Committee is to be requested to c a review of the Town's and the Munroe P.T.A. studies, pa regarding the minimum required gap time, 10 vs. 14 secon it develops that there are insufficient gaps of adequate clusion, ting. nduct ticularly s. If length, the Committee should review the whole matter withthe State DPW and establish with them precisely what measurements would be required to meet their warrants for a school crossing. Also, if a new analysis of gaps would be required during peak pedestrai% hours without a crossing guard, even though the Committee report states that, "the total number of adequate gaps which occur whei the crossing guard is on duty does not differ significantly from other periods." Acting Chairman Bailey read a report from Mr. McSweeney, Director of Public Works/Engineering, in reply to a lett r from Mr. David Weaver of 5 Redcoat Lane for the erection of a�barrier at the entrance to conservation land between 5 and 9 Redcoat Lane because of late partying and disposal of beer cans in the area. The report states that the area had been reviewed and no evidence has beenafound to warrant closing the acess permanently to vehicular traffice. Both of these entrances are used as a walking path to the Diamond Junior High School. As to Vehicular traffic, it can only travel a short portion of the way off Red- coat Lane and can be readilyyseen from the street. This would be considered a trespassing, an enforcement problem. ulders or a permanent barrier in this area would create a hazardous condition in case of fire to all abutters in this large tract of land. The need for access by the Fire Department is far greater than the problem that presently exists. This was reviewed with some of the other neighbors and other departments directly concern- ed and they generally agreed with my finds. Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works/Engineering. A letter is to be written to Mt. Weaver informing h' of the Board's action but to reassure him that the Police Department will give special attention to the area regarding violations. If necessary, he is to feel free to call the Police DepartRant if irregular activities are observed. 203 Request Barrier Redcoat Lane for 204 Burlington/ Simonds Rd. Area Signs Selectmen's Meeting January 27, 1975 Acting Chairman Bailey read a report from the Traffic Sefety Committee in a reply to a letter from Mr. Lawrence V. Guisti, dr,., 20 Burlington Street, concerning excessive traffic conditions on Burlington Street at Simonds Road. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Committee for the installation of a crosswalk at Simonds Road and three "Play- ground" signs in the area. The Director of Public Works/Engineering was instructed to make arrangements for the installation of the crosswalk and to locate the "Playground" signs as follows: one on the Grove Street approach, and one each on the Burlington Street approaches. Acting Chairman Bailey read a report from Mr. McSweeney, Street Director of Public Works/Engineering, in response to a letter Lights - from Dr. Eric Clarke requesting the installation of street lights Moon Hill Rd. along Moon Hill Road. The report states that the Boston Edison Company has already installed the street lights. It was agreed to so inform Dr. Clarke. Executive Upon motion duly made and seconded, it was voted to go into Session Executive Session at 8:25 p.m. for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town, or the reputation of a person. After discussion with Town Counsel on a matter of litigation, it was voted to go out of Executive Session and resume the open meeting. A.D.L. Personnel Study Mr. Cohen and Mr. McSweeney left the meeting at 8:30 p.m. Miss Susan Moulton, reffipesentative of Arthur D. Little, and Mr. Neil Chapman, Personnel Consultant, met with the Board to discuss the Town's personnel classification study report prepared by A.D.L. Mr. Chapman: This is part of a preliminary report; the final report will be presented later. Miss Moulton: We have presented it to department heads and to the Personnel Advisory Board last week. Basically, our task was to analyze the existing jobs that are here. We distributed questionnaires and conducted interviews. We developed a new classification structure, made changes, and we are in the process of new job descriptions. The Major recommendations are going to be be re-allign the clerical structure, and the job title will re- flect more characteristics of work content; we added two new titles; re-alligned the management structure by combining the IM and M into one. We added a maximum -minimum step based on performance. 1 205 Selectmen's Meeting Janua7 27, 1975 Based on interviews, we came up with six distinct cler cal jobs, differentiated by title. We propose that the Town dopt these six: S-1 Clerk;S-2 Clerk and Typist/Switchboard Operator; S-3 Senior Clerk; S-4 Account Clerk; S-5 Principal ClerksSt6 Administrative Clerk. Mr. O'Connell: Explain the use of the Account Clerk term. It is not pointed toward the financial group solely. Miss Moulton: Each of these titles should stretch across the Town for people who.: spend a fair amount of their time with figures. We -looked at the previous classification and compressed them and, looking at the comparability, we came up with a revised list. Mr. Bailey: The proposed salary structure is applicab.e to the current time period and doesn't take into account the upcoming budget? Mr. O'Connell: This is a matter under discussion with A.D.L. They have picked January 1, 1975, and have said this is the time relationship. Mr. Buse: We have S-1 to S-10 now. Is there anyone iS-10 now? Miss Moulton: There is one person there now. Mr. Chuck Kolson of A.D. Little: In the labor classification, we have not changed titles to any significance; we have added one or two. The proposed change is from W -2A to W-9 existing now to W-1 to W-8. You had a Working Foreman at W-6 and one at W-9. There should be a position for a person who does labor only and oes not operate a piece of equipment which requires a Class 3 lic se. A Class 2 licensed man at W-5; Class 1 licensed operat r at W-6, up to and including tractor trailors - all heavy equipment; it covers people working at the sanitary landfill operatin the compactor. W-7 - We suggest that the former Working Foreman in W- now be in W-7. Miss Moulton: The next step is for A.DL; to completel job description; to file report on comments from Lexington Department heads; A.D1L. and Town officials to discuss the specifics of re- port implementation. Mr. Chapman: They will show where we were and where we ought to be, and how to get there. Miss Moulton;Mr. Kolson, and Mr. Chapman retired from he meet- ing. Acting Chairman Bailey read a request from Secretary Guzzi for State the submission of the name of the Lexington Local Census Diaaat Census for the proposed State census to be begin on March 1, 1975'. Director The Board agreed to submit Miss Mary R. McDonough, Town Clerk, as the Director of the Lexington State Census to begin on March 1, 1975. 20 i Willard Woods Heitman Street Betterment Sr. Citizens Water Bills Selectmen's Meeting January 27, 1975 The Board discussed a letter referred from the Planning Board from Mr. Stephen B. Jones, 18 Constitution Road, recommending that Willards Woods' fields be developed into a playground area for Lexington residents. He suggests that, first, the woods be cleared of those who loiter and degrade it; second, to appropriate funds for such an undertaking. After discussion, the Board agreed to write to Mr. Jones and inform him that the problem in the area at the present time is difficult to solve but we will continue to devote best efforts in policing Willards Woods. The Planning Board and the Recreation Committee are studying this area as part of a broad study and Mr. Jones' suggestion relative to the use of the fields as a playground will be submitted to them for their consideration of long range recreational planning for the Town. Acting Chairman Bailey informed the Board that Town Counsel advises that he can see no reason to abate the street betterment assessed to Mrs. John Heitman of Rockville Avenue for Lot 112, Philip Road, in the amount of $940. The Board agreed to write to Mrs. Heitman and inform her that the street betterment assessment of $940 is due and payable to the Town. Acting Chairman Bailey read a letter from Mrs. Mary Collins of Fottler Avenue recommending an adjustment in water billing for Senior Citizens. Mr. O'Connell: She wants to pay for the amount she used, which is less than our minimum charge. You may want to ask Town Counsel's opinion as she is asking for a change in the state law which says water bills have to be assessed. The Board agreed to request recommendations from Mr. Cohen and Mr. McSweeney. Acting Chairman Bailey read a request from Baskin Robbins for Baskin an extension of hours under their Common Victualler license of Robbins 8:00 a,m. to 12:00 Midnight. Extension Upon motion duly made and seconded, ;it was voted to grant of Hours permission to Baskin Robbins, Massachusetts Avenue, Lexington Center, for the hours of 8:00 a.m. to 12 Midnight under their Common Victualler license. Capital Budget Discussion The Appropriation Committee and Capital Expenditures Committee met with the Board to discuss the Capital budget. Mr. Furash, App. Com: At the Town Meeting Forum, the state- ment was made that the sewer progrm would be finished in 1977. At that meeting there was a problem identified between the Planning Board and a developer regarding sewer connections. The point we would like to make is that we do not believe any further develop- ment should be going in without appropriate dry sewerage. If we are not within three years of completing all programs, there is no reason; that the Planning Board can't verify, under this program, the date you would complete the trunks. 1 1 Selectmen's Meeting Januar 27, 1975 The Board agreed. Mr. McSweeney: Allen Street is the only one we haven't completed. Mr. Furash: We want to be sure it is put in by the developer, If the Board of Selectmen wants to put forth the policy th t every- body put in a dry sewer, we have to tell the Planning Board The Board agreed. The following sewers were discussed: Trunk Sewers: Concord Avenue and Moon Hill Road $137,000 Laterals: Various 340,000 Water Mains: 50,000 Mr. O'Connell: This for a Middle Street project, to replace 6" with 12" main because of low pressure, rusty water, and fire protection. Mr. Furash: There has been a large increase in that area. Mr. McSweeney: Yes, at idlewylde, and it is ex- pected there will be another subdivision. Storm Drains: Fletcher Avenue and Wood Street Comprehensive Drainage Study Inflow -Infiltration Study Mr. McSweeney: The last major drainage study was done in 1966; the last 5 years we have had a number of drainage problems. During the summer we asked for proposals; one part on inventory and the other part is the study itself. Mr. Furash: We will talk about it another time. Street Construction: Belfry Terrace Sidewalks: Clark and Muzzey Streets; Forest and Raymond; Grant Street Mr. Furash: We are going to need a clearer ex- planation of what you are going to do. Chapter 90: Hancock Steet Mr. McSweeney: We have two more years, three in all. Curbing: Hasting Park, Lincoln Street 50,000 65,000 35,000 20,000 72,000 60,000 5,000 Road Machinery x.70,000 Street Striping 12,000 207 208 Executive Session Selectmen's Meeting January 27, 1975 Mr. Bailey: This includes two sedans. Mr. Furash: What department have them? Mr. McSweeney: DPW, Town Engineer, and Meter Man Mr. Furash: What is the replacement? Mr. Bailey: The meter reader -mini size; Town Engineer -standard size. Mr. Furash: Give us back what you intend to do. I think we could get away with compacts, and a sub -compact for the meter reader. Mrs. Scigliano: What about a police car to DPW? Mr. O'Connell: We find the maintenance of a high- powered car too expensive to operate if used by DPW. Development of Sanitary Landfill Study Mr. Furash: Does this study deal with the issue of whether or not we can extend 10 or 15 years more? Mr. Busa: 10 to 20 years. Mr. Furash: Is there any federal money available? Mr. O'Connell: No. $30,000 Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which if made public might adversely affect the public security, the financial interests of the Town, or the reputation of a person. After discussion of collective bargaining matters and budgets, 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: Executive Clerk, Selectmen 1 SELECTMEN'S MEETING February 3, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, February 3, 1975, at 7:30 p.m. Acting Chairman Bailey, Messrs. Bina and Brown, and Mrs. Battin; Mr. O'Connell, Town Manager; Mr. ohen, Town Counsel; Mrs. McCurdy, Executive Clerk,were present. Mr. O'Connell informed the Board that a request has been re- ceived from Mr. Richard Perry, Comptroller and ex -officio member of the Board of Retirement, for approval of the Board ofprovid- ing insurance in the amount of $2,000 for retired employes. Upon motion duly made and seconded, it was voted to accept Chapter 9F of the General Laws that the Town of Lexington shall provide two thousand dollars ($2,000) of group life insur ce and two thousand dollars ($2,000)of accidental and dismemberment insurance for a retired employee, in lieu of one thousand dollars ($1,000) of group life insurance. Mr. O"Connell discussed the budgets submitted by the Minute- man Regional Vocational Technical School. The first proposal to the Towns was $2,990,000 operating budget and $1,802,000 capital budget. The final budget $2,498,000 operating budget $11,802,000 capital budget represents a reduction of approximately $500,000. The cost per pupil is $2,770. Mr. Bailey: So, some progress was made by the representatives of the Town at the budget meeting. Mr. O'Connell: Yes, they went into the meeting when it was $2,600,000 and they brought it down another $150,000. 209 Retirees' Insurance Minuteman Voc.School Budgets Mr. O'Connell:discussed the Board position relative to the Building matter of inspection fees for inspection of buildings which were Inspection formerly under the State Inspection Department. For clarification, Fees he requested that the Board vote on the policy. Upon motion duly made and seconded, it was voted to waive all inspection fees for periodic inspection of all buildings in the Town, pending further clarification of the new rules and regulations. Mr. O'Connell requested the Board to approve the recommenda- tion of the Director of Public Works/Bngineering for an extra Work Order for repairs of three motors at the Brook Street Pundping Station. Mr. McSweeney reports that a final inspection wasp+made by Whitman and Howard on January 24, 1975 and, subject tol these motor repairs plus some minor cleanup and adjustment, all work will have been completed; a final inspection by Massachusetts Water Pollution Control and Federal Water Quality Administration ban be requested, along with the final grant payments. Brook St. Pumping Station 210 Articles Deletion Selectmen's Meeting February 3, 1975 Upon motion duly made and seconded, it was voted to approve an Extra Work Order under the contract awarded to Hall Pump Sales and Service Corporation for repairs to Motors 1, 2, and 3 at the Brook Street Pumping Station, in the amount of $7,200,00. Acting Chairman Bailey requested the Board to vote to delete sixteen Articles previously inserted in the Warrant for the 1975 Annual Town Meeting. Upon motion duly made and seconded, it was voted to delete the following Articles from the Warrant of the 1975 Annual Town Meeting: Scenic Roads Land Acquisition p 11 •1 Tower Park Follen Road - Grey Nuns - Emerson Road (Near Rte. 128) - Great Meadow Street Acceptance - Kenall Road (Hilltop to:sWaltham St.) Dana Road (All) Foster Road (All) Forbes Road (From Marrett Rd. to end) Setback along Streams Underground Wiring Sidewalk Extension Police Civil Service Transfer sale of lots account -Westview Cemetery Funding policy of Westview perpetual care fund The 1975 Annual Town Meeting Warrant consists of the follow - articles: Article 1 To Choose by ballot Town Officers 2 Reports of Boards and Committees 3 Appoint Cary Lecture Committee Members 4 Appropriations for Expenditures. 5 Appropriations for additional expenditures requtreel-by collective bargaining agreetments 6 Transfer of available Funds or E & D for supplemental appropriation to operating budget - (1975 operating budget) 7 Raise and appropriate money to pay unpaid bills 8 Appropriate money for the Reserve Fund 9 Authorize Selectmen to petition State Bureau of Accounts for audit 10 Appropriation - State Aid to public libraries 1 211 Selectmen's Meeting February 3, Article 1975 11 Selectmen Appointment to the Board of Appeals 12 Supplementary Appropriations (Streets, sewers, drains, water mains or buildings) 13 Install Streets Lights in unaccepted streets 14 Authorization and appropriation for land options appraisals 15 Approval of Town Treasurer to borrow money 16 Authorization and Appropriation — Curbing 17 Authorization and Appropriation - Drains 18 Authorization and Appropriation - Water Mains 19 Authorization and Appropriation - Sidewalks 20 Authorization and Appropriation - Sewer Laterals (betterment) 21 Authorization and Appropriation - Trunk Sewers - Co cord Ave. 22 Authorization and Appropriation - Trunk Sewers - Mo n Hill Rd. 23 Authorization and Appropriation - Inflow Infiltrati n Study - Sewer System 24 Appropriation - DPW Equipment 25 Appropriation - Added funds for Ambulance/Rescue Ve icle 26 Appropriation - Chapter 90 Highway Construction 27 Appropriation Chapter 90 Highway Maintenance 28 Authorize and Appropriate Comprehensive Drainage Study 29 Appropriation Westview Cemetery Development 30 Appropriation Air Conditioning -East Lexington Branc Library 31 Appropriation -Sanitary Landfill Transfer Station 32 Appropriate funds to reimburse Subdividers 33 : Development of Sanitary Landfill area-Lalfd Management program 34 Appropriate additional funds for constructing dog kennel 35 Appropriate funds for lighting baseball field at Center playground 36 Appropriate funds to construct bath house and fence at Old Res bathing area 37 Appropriate funds to construct 4 tennis courts at Diamond Jr. High School 38 Appropriate funds to continue bicycle path project 39 Authorize the sale of aparcel of Town owned land at Adams and North Streets 40 Bonding for Conservation 41 Land Acquisition -North Lexington Brook Land -Lot 30 on Assessors' Map 56 (Moore Homes, Inc.) and Lot 143 on Assessors' Map 64 (E A T Realty Trust for Conservation and Recreation purposes 42 Land Acquisition -Land on Grove St. - Lot 14 on Assessors' Map 87 (May) for Conservation and Recreation purposes. and 212 Selectmen's Meeting February 3, 1975 Article 43 Land Acquisition -Land adjacent to Bowman Park - Lot 31 on Assessors' Map (Miran) and Lot 33 on Assessors' Mapi 8 (Carpenter) for Conservation and Recreation purposes. 44 Land Acquisition -Land off Lincoln and Middle Sts. - Lot 124 on Assessors' Mpip 34 (Napoli) for conserva- tion and Recreation purposes. 45 Land Acquistion-Land off Marrett Road - Lot 175A on Assessors' Map 32 (Lexington Associates for Conservation and Recreation purposes. 46 Land Acquisition -Land of Helen I. Pinard - as shown on "Land Court Plan No. 35798A -Plan of Land Webb Street" for Conservation and Recreation purposes. 47 Land Acquisition-Meagherville - as shown on "Plan of Lots at Lexington Heights, owned by M.C. Meagher," for Conservation and Recreation purposes. 48 Appropriation to Conservation Fund 49 Street Acceptance-Belfrey Terrace 50 Footpath from Valleyfield to Waltham St. 51 Street Acceptance -Columbus St. extention-150'+ from accepted portion to end 52 Street Acceptance -Kendall Rd. from Sherburne -'R1. to Vine Brook 53 Street Acceptance -Sherburne Rd. from Kendall Rd. to beyond Dane 54 Street Acceptance -Worthen Rd. - from approximately 400• from John Poulter Rd. to end 55 Street Acceptance -Springdale Rd. - all 56 Street Acceptance -Emerson Rd. - from Maple st. to end 57 Street Acceptance -Bryant Rd. - from Page rd. to Emerson Rd. 58 Street Acceptance -Bushnell Drive - from Worthen Road to end 59 Street Acceptance -Village Circle - from Bryant Rd. to end 60 Street Acceptance -Militia Drive - from Worthen Road to end 61 Appropriation -filing fees, street acceptances 62 Transfer Wood St. land to Lexington Housing Authority 63 Zoning By Law -Retail Establishment Operating Hours 64 Acceptance of National Flood Insurance Program 65 Maps for National Flood Insurance Program 66 Clarification of Zoning By -Law: Clarification of words, meaning and definitions 67 Prevention of construction of ways over residential land into non-residential land 68 Certified Plot Plan. (A developer must provide a certified plot plan showing that he has located his building as shown on his plans. 213: Selectmen's Meeting February Article , 1975 69 Number of garages - (See Section 25.80, Zoning By -L w) 70 Swimming pools: Reulations governing construction 71 Zoning Enforcement Officers 72 Planning Board Study Funds 73 AcceptChap. 44 Sec. 65 - vacation pay 74 Establish Historical Commission 75 Establish Council for the Aging 76 Rescind Chap 32B, Sec. 11 Teachers Retirement 77 General By -Laws -Amend to establish Lexington Commis ion on Cable Communications 78 Appropriate Funds for Revaluation of all taxed property 79 Citizens' Article -Prohibit or restrict use of synthetic, non-organic or other fertilizers on Town owned land -post to notify public 80 Citizens' Article -For appropriation under Article # for Secondary school bus transportation 81 Citizens' Article -For natural resource protection - under Articles #43 and #44 82 Citizens' Article -Buffer Zones - residential zone 83 Citizens' Article -Land Contours shrubs in buffer zone 84 Citizens' Article -Lights and signs in Buffer Zones 85 Citizens' Article -Amendments to zoning by-law - sou, light, odors, etc. 86 Citizens' Article -Outdoor recreation - Wood St. H t - well Ave. 87 Appropriate from available funds to reduce the tax ate Acting Chairman Bailey requested the Board to sign the Warrant Sign for the 1975 Annual Town Meeting. Warrant Upon motion duly made and seconded, it was voted to scan the Warrant for the 1975 Annual Town Meeting containing 87 Articles. Acting Chairman Bailey read a letter from the Board of Retire- Retirement ' ment requesting the approval of the retirement of Walter F. Spell- Fire Chief man, Chief Engineer of the Lexington Fire Department. Spellman Upon motion duly made and seconded, it was voted to approve the retirement, under Section 58(b) of Chapter 32 of the General Laws, of Walter F. Spellman, Chief Engineer of the Lexington Fire Dppartment. Upon motion duly made and seconded, it was voted to certify the Cert. of character of the following who have applied for Certificate of Incorp. Incorporation: 214 Guides' Exam. Minutes Abatement Water Bilis 9e±fay Terrace Street Hearings Route 2 Meeting Executive Session Planning Study - Flood Insur. Selectmen's Meeting February 3, 1975 Vern Countryman, 98 Adams Street; Oliver Selfridge, 45 Percy Road, "American Privacy Foundation, Inc." Edward Kazanjian, 10 Hutchinson Road, "Gift Representatives Association of the North East, Inc." The Board discussed the new examination for Lexington Guides, submitted by Rev. Harold Handley, Director of Guides. Upon motion duly made and seconded, it was voted to approve the Examination for Lexington Guides. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meeting of July 1, July 15, November 25, 1974. Acting Chairman Bailey read a recommendation from the Director of Public Works/Engineering to abate the following water bills: Arts & Crafts 130A Waltham Street $19.75 Constantine Doukakes 34 Webb Street 10.00 Acting Chairman Bailey read a letter from Mrs. Paul Whipple, 15 Belfrey Terrace, requesting that the end of Belfry Terrace be preserved in its natural state when the street is constructed, Upon motion duly made and seconded, it was voted to refer the matter to Mr. McSweeney, Director of Public Works/Engineering. The Board agreed to attend street hearings on February 5, at 7:30 p.m., in Estabrook Hall. Also, Board members are to attend the meeting on Route 2 Environ- mental Impact at 8:15 p.m. in the Selectmen's Meeting Room. Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on matters which if made public might adversely affect the public security, financial interest of -the Town, or the reputation of a person. After discussion of matters concerning the Bicentennial, budgets and collective bargaining, it wa voted to go out of Executive Session and resume the open meeting. Mr. Kenneth Briggs, Planning Director; Mrs. Scigliano and Mr. Silverman of the Capital Expenditures Committee; Mr. Furash of the Appropriation Committee met with the Board to discuss the Plannigg Board Study Fund and Flood Insurance. Mr. Briggs: The Planning Board is asking for $10,000 for a study fund and not attach specific reasoning for specific projects. On Flood Insurance, area have to be defined and mapped - we might have to get a consultant. All of the $10,000 wouldn't be for this purpose; if we are asked for things like a parking area, we wouldn't have the money,and, with $10,000, we would always have planning money on hand. Most Planning Boards in large cities have $100,000 Selectmen's Meeting February or more. If you do not have it, you have to defer certai;: We would be selective in spending the money and would uti to our abilities. Last year, there was recreation study money and a town study; we haven't used up either one. It was around $15, these two items. The year before, we had money for Tophe which we spent. Mr. Furash: We would like a written report in 10 days has or has not been spent. We have supported the Plannin in the past, but you are asking for a revolving fund. We also like the position of the Planning Board on the waiki at Valleyfield Street. We also want explanation from the ing Board on the Village Circle situation; on how we got we got on that. Mr. Briggs agreed to submit a report to the Appropriat Committee. 3, 1975 things. ize it policy 00 for Swamp, on what Board would g path Plann- o where on 215 Mr. Furash: The Appropriation Committee would like as-urance Dry Sewers from the Planning Board that from now on the Planning Boa d will Subdivision require developers to put in dry sewers. We would like a position from the Planning Board. Mr. Briggs: Our policy is that where a sewer is built within two or three years, a dry sewer will be put in. Mr. Furash: We want your comments on this. Mr. Briggs discussed Flood Insurance Articles. The f rst Article is for acceptance of the law and to provide for F ood Plan Insurance,8hd the second is to include a set of maps. The .federal government is trying to protect themselves from losses in a disaster and not have to go in and repair damages. They have said there would be no federal money coming if one of these flood plan zones has not taken out this insurance. When this area is the Hartwell Avenue Connector, we would get no federal or state money for the development of that road. I have talked to people and have not heard of any instance of having a flood in Lexington as they describe. Mr. Baily,: The Town has no obligation to homeowners? Mr. Briggs: The homeowner does not have to have it no but if he sells it, the new owner must have the insurance. Mr. Furash: On what basis could a claim be made? Mr. Briggs: It doesn't include such things as wet bas nts. You have to have a flood that would ruin a home. Mr. Busa: What kind of money is involved in building the road? Mr. Briggs: $1 million to build, usually it is 50-50 State and Federal. We were told that the cost for insurance would be substantially by the Federal Government. Mr. Bailey: We have to accept the program. The next step is to see how much oflths.Town is included in this. 216 Selectmen's Meeting February 3, 1975 Mr. O'Connell: This is the second time around. The first time, we viewed it sn the practical aspect and said that we don't have enough areas. This happened all over the country and the Federal Government said that it will be successful, and changed the rules. Mr. Furash: Does the acceptance of these maps imply any en- dorsement of wetland zoning? Mr. Briggs: No. Mr. Briggs requested the support of Planning Board Articles at Town Meeting. Upon motion duly made and seconded, it was voted to adjourn at 9:30 p.m. A true record, Attest: C Executive Clerk, Select SELECTMEN'S MEETING February 10, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, Feb- ruary 10, 1975, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Buse, Brown and Mrd. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mrs. McCurdy, Executive Clerk, were present. At the request of the Town Clerk, the following juror drawn: Roger G. Trudeau George Pettinelli Pauline Dubin Charles Sullivan Donald Schuler Alice A. Schaefer 7 Volunteer Way 51 Bridge Street 48 Webster Road 7 Sutherland load 40 Fern Street 16 Taft Avenue were Mr. Albert Rhuby and Mr. Cornelius Cronin met with the Board to request the endorsement of the Board of Selectmen of the Vernon C. Page Memorial Fund, Inc. as a worthy scholarship program. Mr. Rhuby: We wholeheartedly support this scholarship and know that you are all well aware fo the accomplishments of Vernon Page. We have a goal of $25,000 and are actively at work to accomplish this. We respectfully request that you adopt the resolution. Upon motion duly made and seconded, it was voted to endorse the following resolution: Whereas Vernon C. Page, a resident of the Town of Lexington for three-quarters of a century, dedictated himself to a bet r commu- nity for all; and Whereas Vernon C. Page, elected to four terms on the Lexington School Committee and appointed a Lexington representativ to the Minuteman Regional Vocational Technical School planning committee, worked ardously so that our youth would be assured a pra tical and balanced education; and Whereas his goal of thachoice of a vocational, techni al ed- ucation became a reality fhis year with the opening of t e Minute- man Regional Vocational Technical School; Therefore,be it resolved by the Lexington Board of Selectmen that the Vernon C. Page Memorial Fund, Inc., be endorsed as a worthy scholarship program for Lexington graduates of the school who are continuing their education in the trades, and that the citizens be urged to support this community project. 217 Jurors Vernon C. Page Memorial Fund, Inc. 218 Pub. Bldgs. Handicapped Firemen Hartwell Avenue Connector Hanscom Field Policy Selectmen's Meeting February 10, 1975 Mr. O'Connell informed the Board that he had received a letter from Access 76 on the problem of access to historical buildings by the handicapped entering buildings. This involves a tremendous amount of money and there are no funds in FY 76 to plan for mod- ifications. Accessibility regulations that apply involve large amounts of money. Any public building has to have restrooms on every floor. Mr. D'Connell read a letter -of commendation -prepared by Deputy Fire Chief Marshall. Upon motion duly made and seconded, it was voted to endorse the letter of commendation submitted by Deputy Chief Marshall concern- ing the outstanding actions by members of the Fire Department in- volved in the fire on Summit Road on January 10, 1975: Captain McGillivray and Catalano, Firefighters Rycroft and Washburn. Chairman Kenney read a letter from the State Department of Public Works regarding a meeting in Cary Hall on Thursday, Feb- ruary 13, at 7:30 p.m. for information on the Hartwell Avenue Connector. The Board agreed to attend. - Chairman Kenney read a letter from the Citizen's Aviation Policy Association regarding Hanscom Field Airport, stating that CAPA includes Lexington members and they emphatically oppose planning development and operation at Hanscom Field. Chairman Kenney: As you know, Selectman Brown is Chairman of the Governor's Hanscom Task Force and he is capablg- handling our position. Mr. Brown: For the record, I would suggest that you write me a letter confirming the Board's position. I have a draft with me tonight. Upon motion duly made and seconded, it was voted to confirm the position of the Board of Selectmen regarding Hanscom Field, as follows: 1. Lexington accepts the fact that Hanscom Field will remain an airport. 2. We oppose the use of Hanscom Field for commercial aviation. 3. We oppose any changes in general aviation which would result in more frequent flights or noisier types of aircraft. 4. We oppose any extension of the existing airfield and runways, or of the total airport property. 5. Land uses around the perimeter of the airfield itself must be compatible with uses in neighboring towns. Access by road or public transportaion should be planned in coopera- '. 13oti',Ritt 4Re towns. Selectmen's Meeting February 10, 1975 6. We urge both those responsible for airport operation and those responsible for the operation of aircraft to work diligently to reduce noise and other pollution resulting from present use. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meetings of July 29 and December 2, 1974. Chairman Kenney read a request from the Tax Collector to abate uncollectible amb lance bills, dating from 1969 to 1973. The Board agreed that this list should be posted. Upon motion duly made and seconded, it was voted to approve the request of:the Tax Collector to abate the list of uncollectible ambulance bills, with the condition that the complete list be posted on the Town Office bulletin board for a period of 10 days. 219 Minutes Abatement Amb4lance Bibs Mr. Robert Tarlin, Bicentennial Director, Mr. Lincoln P. Cole, Bicentennial Jr., Chairman, Mr. Anthony Mancini and Mr. Stephen Politi of the Plans Bicentennial Committee met with the Board for an updated report on the Bicentennial plans. Also, Mr. Michelson of the Bicentennial Corporation. Mr. Tarlin: I will give the status, Mr. Michelson will discuss the memorial, and we will talk of the pros and cons of Paul Revere's ride. In summary, the news is good. We have very few remaining problems, and there is nothing in the schedule for the weekend that is a surprise. On April 18, we will have the U.S. Bicentennial Band and Chorus; we are the only town that will have it, with the exception of Boston and M.I.T. I'm sure this will create a great deal of public interest. On April 21, we are leaving the progrramming up to the youth, and they will bring it back to the Bicentennial Committee for approval. For the rest of 1975, we will have a calendar having to do with music and lectures. The third calendar will have the Lexington Walking Tour information. The Bicentennial Ball on April 12 is being handled by the Council of Congregations and we are doing all we can to assist; it will be held in the Marist Hall in Bedford. Mr. Busa: That is the only place around that will accommodate 450.people. What about tickets for the band concert? Mr. Tarlin: That is a problem but we would like the Bicen- tennial Committee to decide how we handle the tickets. Chairman Kenney: It is a free concert and it will have to be done on a "first come -first serve" basis. Mr. Tarlin: Turning to logistics, we have been promised 400- 500 National Guardsmen on April 20. The Governor hasn't signed it yet but I understand it is only a formality. 220 Selectmen's Meeting February 10, 1975 Chairman Kenney: How would you plan to instruct them as far as deployment? Mr. Tarlin: That will be handled by Police Chief Corr. We are going to hire 160 outside policemen, and I am hoping to get a supplementary amount of money to pay them; it will be some- thing between $10-$20,000. I have arranged for meetings in the State House on this. On personnel, the 114th Medical Battalion will be augmented by the Red Cross and local hospitals. A draft has already been given to the Red Cross Deputy Fire Chief Silva and Lt. Flaherty of the National Guard are working on it right now. The Department of National Resources has promised one forest fighting vehicle. The State Police will be cooperative and a large contingent of them will be at Hanscom Field if we need them. They will support the road blocks at Route 128 and Route 2, if necessary. DPW is fabricating wooden barricades at this time. As yet, I haven't found 16 walkie-talkies. On Health and Safety, the State DPW will provide 200 comfort stations around the parade route, at their expense. Mr. Bailey: This seems to be focused pretty heavily on the 19th; if the President comes, is it not likely to have a logistical problem on the 20th? Mr. Tarlin: You donl,t if the President is coming. If the President does comg things will take place without our help - federal agencies will take care of it. Mr. Bailey: I am specifically concerned about the meeting of the Rededication Committee on the 20th if the President does come. There will be a problem with people at church services and then all coming to the Common at 12:00 Noon. There will be a colossal traffice jam. If positive concern is expressed, maybe the Lex- ington residents will be on the Common when the ceremonies start. Mr. Tarlin: Does anyone want to suggest a time other than 12:00 Noon? Mr. Bailey: No. My answer would be to let the churches know so they can re -schedule their services on that one Sunday morning. Mr. Tarlin: It is a good concern. Regarding food, the Rotary Club is planning on having 600 men at the food tent at the Episcopal Church. There will be a need for food along the 2 -mile parade route. Mr. O'Connell: Only a few have expressed interest. Mr. Tarlin: On transportation, we have made sure there will be no commuter buses or trains coming to Lexington. The State Committee guarantees that gasoline outlets will be fully staffed that weekend. We should make sure that commercial tours are told of the problems. We are talking with local radio and TV stations, and heliocopters will be up there. We hope that picnic tables will be ready for the summer. On church parking spaces, all four churches have agreed and we have agreed that we will erect a sign in front of each church saying, "Open to Bicentennial Visitors." 1 1 221 Selectmen's Meeting February 10, 1975 Our basic policy is that we would like full coverage on TV. 1 am meeting with Channel 5 to explore a mobile TV. The High School foreign language department is looking for oral and written assistance to help foreign visitors. The Police support budget has been reduced; if this extra supple- ment comes through from the New England Regional Commission, that will reduce the cost by another $10-$20,000. Commemorative booklets have gone to the printer to be sold at $2.00, and Bicentennial posters will be $1.00. Mr. Richard Michelson, Chairman of the Bicentennial Corporation, Bicen. discussed the proposed permanent Bicentennial memotaUU._ Memorial Mr. Michelson: Our subcommittee voted to.have a permanent Battle memorial on the Green. The proposal is to locate the buildings Green that stood on the Green in April, 1775 and to see if the Meeting House could be located. The work is to be done by Roly Rogers, who did the footing on the Hancock -Clark House. He, has already ...:.............. probed the Green and has an idea of where they are, and he would like to work with the youth. of the Town in locating the footings. We would like to request that he could open it up and permission: for a limited time to open. Chairman Kenney: You want to have this done by April 19 this year? Mr. Michelson: Yes; his intentions is to start early in March. He would work during the day and at no time would it be done at night. Mr. O'Connell: What is being proposed is outside the scope of the By -Law on the Battle Green. The Board agreed to refer the matter to Town Counsel. Discussion was held on the mignight ridt^ of Paul Revere and, Paul because of legistical problems, it was the feeling of the Board Revere's at this time that the event would not be scheduled. Ride The Board referred the request from the Lexington Minute Men for the use of the Green on April 18 and April 19 to the Bi- centennial Committee. Messrs. Tarlin, Cole, Michelson and Politi retired from the meeting. Upon Motion duly made and seconded, it was voted .to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the financial interests of the Town or the reputation of a person. After discussion of a Board of Health budget matter, it was voted to go out of Executive Session and resume the open meeting at 9:25 p.m. Executive Session 222 Conserv. Bonding Selectmen's Meeting February 10, 1975 The Conservation Commission, Appropriation Committees and the Capital Expenditures Committee met with the Board td discuss land acquisition. Mr. Frank Smith, Conservation: In Article 40, we felt that by coming in withthis request Town Meeting could vote whether or not they are interested in a $2 million bonding issued on a land acquisition package. We hope we would have authorization for a bond issue and have a special Town Meeting in the fall to fill out the package. Our Articles 41 through 47, if passed, would be funded and not go on the tax rate. Chairman Kenney: Does the Town float the $2 million bond or "small piece" it? Mr. Cohen: Put it out as you need it. You would have money available for land owners. Through the use of a bond anticipation note, you get the money and put out a fairly substantial bond issue. Mr. Silverman, Capital Expenditures: It is anticipated by the Commission that this $2 million is for all foreseeable land to be acquired for a 10 year period, and would this be it and you would seek no more? Mr. Smith: This would be substantially all. Mr. Furash, Appropriation: The Conservation Commission has stated at various times the percentage of land acreage they wish to see in the bank. The $2 million purchase represents both a commitment and how the land shall be paid for by the taxpayers in order to take advantage of the volume. Would you come back after the $2 million or not? We should have a clear answer as to the adequacy of the staff, availability of counsel, planning, and engineering in order to carry it out. I think these issues are related. It might be the desire of Town Meeting to say yes, but only under the circumstances of negotiations and not to come back twice. We have a debate, not whether to acquire land but on the power of eminent domain taking. Have Town Counsel work out the ground rules as this is the issue involved. Mr. Busa: The Commission is saying they will make recommend- ations to Town Meeting. In the past, Town Meeting has said they don't want to acquire certain land. You must have gotten the message when they tell the Town twice. How many times do you want to go to Referendum? Mrs. Frick: The Commission was charged to set up a plan to tell Town Meeting what ought to be acquired. We have come to the end of our rope. Town Meeting will decide .if they want to acquire any more land, and it can be done by eminent domain. Mr. Bailey: As I understand it, they will be nibbling at the $2 million, maybe $750,000 at a time. Selectmen's Meeting February 10, 1975 Mr. Busa: No the way I hear it. We tt3;i8ad�. have $1.5 million and they are talking $75.000 plus a special Town Meeting. The'.$2 million will be eaten up this year. Mr. Bailey: I think it will take 2 to 3 years to spend $2 million. Chairman Kenney: The specific question from the Conservation Commission is, "Is the Town Meeting wiliing to endorse and spend $2 million?" Is it understood that this $2 million represents your land package for ten years? Mrs. Frick: Substantially. We need about double the acreage we now have. We would like to go into Executive Session to discuss dollars on our Articles. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might affect the public security, the financial interests of the Town, or the reputation of a person. After discussion of financial interest to the Town, it was voted to go out of Executive Session and resume the open meeting at 11:15 p.m. Chairman Kenney read a request from the Director of Public Works to abate water bills. Upon motion duly made and seconded, it was voted to abate the following water bills: 223, Executive Session Abatements Eugene Foley 98 Reed Street $25.80 Rate adjustment Hanscom Air Base Bedford, Mass. 322.79 Billing error For the information of the Board, Chairman Kenney read a letter from Attorney General Quinn enclosing a check in the amount of $26.07 as the Town's share of the fourth installment in the settle- Concrete ment of the Concrete Pipe Antitrust Case. Pepe Anti - The check for $26.07 is to be deposited with the Town Treasurer rust Check Upon motion duly made and seconded, it was voted to table the matter of appointments to the Recreation STudy Committee until the next meeting. Chairman Kenney read a request from the Board of Assessors to add an amount of $7.50 to the $45.00 voted by the Board on January 20 regarding 511 Homestead Street. Upon motion duly made and seconded, it was voted to add the amount of $7.50 to $45.00 voted on January 20, 1975 as the suspended street betterment assessment on Lot 511 (Assessors' Map 58, Lot 143) Homestead Street acquired by the Town of Lex- ington in May, 1974, subject to the condition if said lot is ever sold, the person acquiring it would be responsible for paying the total street betterment balance of $52.50. Rec. Study Committee Suspended Street Betterment 511 Home- stead St. 224 Selectmen's Meeting February 10, 1975 Chairman Kenney read a request from the Lexington Girl Scouts for the use of the Green. Upon motion duly made and seconded, it was voted to grant permission to the Lexington Girl Socuts for the use of the Green after the ceremonies on April 20, 1975. Upon motion duly made and seconded, it was voted to adjourn at 11:30 p.m. A true record, Attest: Executive Clerk, Selectmen 1 SELECTMEN'S MEETING February 18, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Tuesday, February 18, 1975, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa, Brown, and Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/ Engineering; Mrs. McCurdy, Executive Clerk, were present. Mr. Zehner, Town Treasurer, met with the Board to request approval to renew a $650,000 bond anticipation loan. We had $85,000 last year for a down payment on the purchase of the Porter land for conservation purposes, and $565,000 in sewer loans to be renewed. We want to be able to carry it through to December 15. We asked the banks to have payment prior to maturity and this is agreeable with the banks. Seven bids were received and it is recommended to award to the County Bank as the lowest bidder at 3.39 percent. Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Treasurer for the renewal of a $650,000 bond anticipation loan from the County Bank of Cambridge at 3.39 percent, notes to be dated February 19 and maturing on September 15, 1975, with the privilege of pre -payment. Mr. O'Connell stated that he had no items for open meeting but would discuss personal services and collective bargaining matters in Executive. Chairman Kenney requested the Board to vote to lay out the streets to be presented to Town Meeting for acceptance. Upon motion duly made and seconded, it was voted to lay out the following streets: Construction Street Belfry Terrace 350' from Forest Street to the end. Subdivision Streets Columbus Street Kendall Road Sherburne Road Worthen Road Springdale Road 150' from the accepted portion of Columbus T. to end. 2230' from Sherburne Road to the Vine Brook. 1125' from Kendall Road to 110' beyond Dane Road. 1100' starting 400' from John Poulter Road to 150' beyond. 900' from Bars Road to the end. 2 2r` Treasurer Streets - Lay Out 226.: Appointments Recreation Study Committee Sign Request Permit Road Race Selectmen's Meeting Subdivision Streets (Con't.) Elverson Road Bryant Road Bushnell Drive Village Circle Militia Drive February 18, 1975 1520' from Maple Street to the end. 330' from Page Road to Emerson Road. 470' from Worthen Road to the end. 1350' from Bryant Road to the end. 460' from Worthen Road to the end. Foothpath Construction Public Foothpath 900' from Valleyfield Street to Walthem Street. Mr. Bailey questioned the construction of the footpath. Chairman Kenney replied that the Board will meet with the people involved. Chairman Kenney informed the Board that a meeting has been held with representatives of the League of Women Voters we reach- ed an agreement on appointments to the Recreation Study Committee. Upon motion duly made and seconded, it was voted to appoint the following as members of the Recreation Study Committee: Paul J. MacKenzie Vincent Hayes Robert Rotberg Judith Uhrig Irving H. Mabee Alfred S. Buss Dan Fenn Representing Representing Committee Representing Representing Voters Member -at -Large Member -at -Large Member -at -Large the the the the Planning Board Recreation School Committee League of Women Upon motion duly made and seconded, it was voted to table the request from Mr. Trimhold of Reed Street for a "Blind Person Crossing" sign at Bedford and Reed Streets, pending further in- formation from Mr. McSweeney. Chairmen Kenney read the annual request from the Greek Orthodox Church of Cambridge for a 10 -mile Road Race on Sunday, March 16, 1975, at 1:00 p.m., including a police escort to the Arlington line. Mr. O'Connell: The Board might wish to go on record as grant- ing permission, not sponsoring, the race. The Board agreed. Upon motion duly made and seconded, it was voted to grant permission to the Greek Orthodox Church of Cambridge to conduct a 10 -mile road race commencing at the Minute Man on Sunday, March 16, 1975, at 1:00 p.m., with a police escort to the Arlington Town Line. 1 Selectmen' Meeting February 18, 1975 Upon motion duly made and seconded, it was voted to certify the character of Marjorie Fletcher, 36 Moon Hill Road, who has applied for a Certificate of Incorporation, "Alice James Poetry Cooperative, Inc." Chairman Kenney read a request from the Director of Public Works/Engineering to approve the intent to take sewer and drain easements, authority for which is contained in Article 20 of 1974 -Sewer Laterals, and Article 21 of 1974 -Trunk Sewers. Upon motion duly made and seconded, the Board voted an in- tent to take the following easements: Carriage Drive Sewer Easements: A 15 ft. sewer easement and ad- jacent 10 ft. temporary construction easements on land owned by David L. and Doris Gennaro. Volunteer Way Sewer and Drain Easement: Alter the drain ease- ment taken in 1963 to a sewer and drain easement with an ad- jacent 10 ft. temporary construction easement along the prop- erties of Chester A. and Gunvor M. I. Fuller and John R. and Sally H. Louis. Mr. McSweeney agreed to contact all parties involved. Chairman Kenney recommended that the Board look into the matter of having a mold made of the Minute Man statue made in case there is any vandalism during the Bicentennial celebration. The Board agreed. Mrs. Anne Scigliano requested and received approval of the Board to be listed as an honorary sponsor of the Vernon Page Scholarship Fund. At 8r15 p.m., representatives of the State DPW, Skidmore - Owings and Merrill, Howard, Needles, Tammen & Bergendoff, Plann- ing Board and Conservation Commission met with the Board to discuss Route 2 Environmental Inpact Statement. Mr. Peter Hopkinson of Skidmore, Owing & Merrill explained the study, which extends from Route 128 west through Action. Mr. Hopkinson: In the past two years, we have created nine alternative programs for Route 2, and the creation of not only a technical team but of a committee for the Route 2 study. Alternative 1 is called a "No Build" and it is the base from which will be determined transportation, planning, ecology, wet- lands, noise, etc. Alternative 2 is a draft alignment presented one or two years ago and it received adverse criticism. From this, we put together additional alternatives to explore pros and cons for a trade-off in alternative scales and improvement programs. 227 Cert. of Incorp. Intent to Take Sewer/ Drain Ease. Carriage Dr. Volunteer Vernon Page Scholorship Sponsor Route 2 Environ- mental Impact 2 2.S Selectmen's Meeting February 18, 1975 Alternative 3 is a large-scale expressway located in the Route 2 alignment. Alternatives 4,5, 6, and 7 have roadways of 102 feet. In addition to improvements to Route 2, there are issues that center around Hanscom Field on how Route 2 will or will not serve Hanscom. We have difficult problemsfm Hanscom to Route 2 because of the Minuteman National Park. We have developed a number of alternatives for the purpose of reducing the number of roads in wetlands. Alternative 8 is in Lincoln; three roads tied together at the request of Lincoln. Alternative 9 converts existing Route 2 to a local town road in Lincoln. Mrs. Frick: You are aware of the environmental on all of these areas. I wonder whether you are going to have any kind of environmental impact statement. Mr. Hopkinson: That is what we are preparing. At this point in time, we have just finalized the alternatives to be evaluated. We have a working committee that meets every two weeks and anyone can attend. A draft will be public informa- tion when it is completed. Public information meetings will also be scheduled, possibly in June. Chairman Kenney informed the working teams that the Board of Selectmen will request reports £rom_those involved in the Town and then evaluate the alternatives. All concerned persons retired from the meeting. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, de- liberating or voting on matters which, if made public, might have an adverse effect on the public security, financial in- terests of the Town or the reputation of a person. After discussion of personal services budgets, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10:25 p.m. A true record, Attest: Executive Clerk, Selectmen 1 1 SELECTMEN'S MEETING February 24, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, Feb- ruary 24, 1975, at 7:30 p.m. Chairman Kenney, Messrs. Buse and Brown, and Mrs. Battin; Mr. O'Connell, Town Manager, Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineer- ing; Mrs. Mccurdy, Executive Clerk, were present. At the request of the Town Clerk, the following jurors were drawn: John D. Berry III George B. Percy William H. Watson Robert E. Smith Stanley J. Solomon Concetta M. Martenelli June Tutin 83 Cary Avenue 17 Spring Street 55 Shade Street 42 Cary Avenue 4 Whittier Road 59 Williams Road 9 Revere Street Mr. William Page, Chairman of the Cable Television Advisory Committee met with the Board. Members of the Committee and Attorney Stewart Graham of Palmer & Dodge were also present. Mr. Page discussed the Article in the Warrant for Town Meet- ing to authorize the Selectmen to appoint a Committee on Cable Communications which shall review the preliminary report of the Advisory Committee to the Selectmen on CATV, to conduct further studies, and hold public hearings concerning the operation of community antenna television systems, including municipal owner- ship; and an appropriation of funds. Mr. Page explained that the reason for bringing the matter to the Board was to bring the issue of what the committee could do into the public view and to get the endorsement at Town Meet- ing for a way of proceeding. In the discussion, Mr. Page recommended that the committee consist of 9 members, while the Selectmen felt that there should be 5 members, but might concede to having 7 members. Mr. Cohen: We assume this committee will be advising the Selectmen on what would be most advantageous to the Town of Lexington. As far as having money in the motion, I will wait to see what the Finance Committee says. Mr. Page: We understand there would be contingencies. It was agreed that Mr. Page is to make the presentation at Town Meeting. All concerned parties retired from the meeting. 22.9 Jurors CATV 230 Selectmen's Meeting February 24, 1975 Heitman Mr. and Mrs. John Heitman, 34 Rockville Avenue, met with Philip Rd. the Board to discuss the street betterment assessment on their: Assessment lot on Philip Road. The Board had referred the matter to Mr. McSweeney and Mr. Cohen and it was agreed that the amount of $940.00 is due and payable to the Town. Mr. Heitman: When we bought the house our attorney had taken care of it and there was noting in Town files to in- dicate there was a betterment for work done on the street eight years ago. Two years after we are in the house, we get a bill. Mr. Carlson: I sold the property to them. Back in 1962, Joseph Cary wanted to develop Section 4 to Minuteman Highlands_ and he had to1jav2 access to the property so I sold' it to him. This was long before the Bowman School went in and the street was called Moreland Avenue. He now had two accesses. They moved the street over 20 feet and built it up to Rockville Ave- nue. This street was put in under bond. Mr. McSweeney: If the street was constructed under the subdivision, and at no cost to the Town, then we can't assess the betterment. That is what I am going to find out. The Board took the matter of the Heitman Street assessment under advisement. SILC Valleyfield Footpath Mr. Paul MacKenzie, Lexington's representative on the Sub- region Intertown Liaison Committee, met with the Board. Mr. MacKenzie: The committee is meeting on Thursday and I have been asked to report on the feeling of the Selectmen on the continued operation of SILC. Chairman Kenney: Some of us had the feeling that, as a member of SILC, we are on the fringe area. The Planning Board concurs with us. After discussion, the Board agreed to write a letter to SILC stating that the declining participation of SILC in subjects of regional concern would indicate that the grouping of communit- ies in SILC lacks planning commonality in current,times. The Lexington Planning Board concurs that problems of multi -town impact will generate communication among those concerned. We support your alternative that the establishment of regional planning initiatives be left to the affected towns. Therefore, it is the recommendation of the Board of Selectmen that SILC, having achieved its original purpose, be disbanded. Mr. MacKenzie agreed to attend the SILC meeting and present the position of the Board. Mr. Daniel McCabe, 11 Grassland Street, met with the Board to discuss the Article in the Warrant for a footpath from Valley- field Street to Waltham Street. 1 231 Selectmen's Meeting February 24, 1975 Chairman Kenney: We have heard from abutters who are opposed to this footpath. Some people feel if a culvert were built and improvements made in the area, maybe that would be acceptabele. Mr. McSweeney was asked if it would be possible to take a 50 ft. wide strip of land from the "so-called owner unknown" for conservation purposes or other general purposes, and not lay out the Valleyfield footpath but to simply improve the access over the culvert. He responded that this would require different type of Article from what we now have. We did vote to lay it out but we are willing to discuss it further. Mr. MacKenzie, Planning Board: The Planning Board supports, in principle, the concept of pedestrian paths for children. How- evur, we feel that before the Town undertakes a specific project, it should have the support of the neighborhood, and particularly the neighbors who abut the path and are therefore more directly affected. There should be a clear statement by the school de partment and Town Government as to what effect, if any, the con- struction of a more direct pedestrain school route would have on the busing of school children from this neighborhood. From a land use point of view, the Planning Board has no objections. However, neither of these requirements have been adequately met and, therefore, the Planning Board cannot actively support the Article. Mr. McCabe: The way the Article is worded now is to acquire land for a footpath and the footpath would be put down to minimal standards. If McSweeeny could put in a culvert for kids to go from one side to the other, this would give us a safe way. Why can't we do it now? Chairman Kenney: We don't have access now. Also, there is the question of liability. Mr. McCabe: We didn't ask for macadam, and we don't want a beautiful footpath. Is a footpath the only way it can be done this year? Chairman Kenney: Yes. Right now, my feeling coincides with that of the Planning Board, and to recommend postponement of the Article. The Board agreed to recommend indefinite postponement at Town Meeting on Article 50, the Valleyfield footpath. The Board discussed a statement in the Minute -man by the Appropriation Committee that "we have asked the Board of Select- App. Com. men to exercise substantial restraint in wage increases granted Budgets within and without collective bargaining. We have before us a expense budget which shows a net increase of nearly three per- cent over last year's. While this may seem modest, it is the result of sharp increases in operating expenses offset by sub- stantial reducation in debt servicing and cost of elections. Consequently, we have asked for a significant further reduction in operating expenses." 2374 Selectmen's Meeting February 24, 1975 Chairman Kenney: The Appropriation Committee is only, an advisory committee to the Board, not a policy-making board. It is the Selectmen working with the Town Manager, and if we feel the requirement of the necessity for upgrading services, we have an obligation to present it to Town Meeting in as clear and precise manner as we can. Mr. O'Connell submitted a prepared statement to the Board replying to the Appropriation Committee. The follow- ing statement was endorsed by the Board and will be published in the Minute -man: "Work on the FY 76 budget started last October. It has been subjected to intensive management review on both a line item and program basis. It has received three rounds of re- ductions as a result of these reviews. It contains no new programs. Our aim is to continue to deliver all essential public services at or near the present level as near to the 1975 cost level as possible, despite the continuing rise in cost of materials and pruchased services. The Board feels it is a major accomplishment to be able to recommend to Town Meeting an expense budget of approximate- ly $4.4 million, representing an increase of only 2.4 percent over FY 75 on an equivalent basis. It will present a difficult challenge to the operating departments when we note that we are experiencing such annual materials cost increases as bituminous concrete, up 50 percent; corrugated metal pipe, up 60 percent; copper pipe and fittings, up 60 percent; tires, up 34 percent; paper, up 70 percent. Despite this patters, we have structured a FY 76 budget in which the controllable items are up less than 7 percent over 1975. Recommended increases come only in the two emergency services departments - police and fire. Except for increased manpower required to offset reduction in work schedule, there has been no increase in Police Department strength since 1965. Fire Department strength has not yet been restored to the level it operated at just prior to the reduction`of work week from 51 to 42 hours in 1971, following authorization by the voters. The Board of Selectmen advocates adding one position in the Police Department and partially staffing it with three men starting in January, 1976, and the remaining two men needed for full staffing at a later date. Similarly, in the Fire Depart- ment we recommend the addition of one firefighter position and staffing one man at a time starting in January, 1976. In summary, the Board intends to exercise every possible constraint in limiting both the personal services and expense budgets consistent with meeting the essential needs of the Town." Selectmen's Meeting February 24, 1975 Mr. O'Connell discussed the State Census to begin on March 1, 1975. He recommended that Mrs. Mary Hadley be appointed Census Director as the Town Clerk is unable to take on the added work- load because of Town Meeting. Mrs. Hadley has indicated that she is willing to accept the position. Upon motion duly made and seconded, it was voted to appoint Mrs. Mary Hadley the Census Director for the Town of Lexington for the 1975 State Census. Mr. O'Connell: I have talked with Secretary Guzzi and told him that our Town Census will be completed in February, and asked about the possibility of updating this by mail for the State Census. Secretary Guzzi said that it might be possible, subject to approval of the Census Bureau. Mr. O'Connell informed the Board of a request from Mr. McSweeney for an additional amount of $5,000 to cover the eco- logical monitoring of the Turning Mill Road sewer. The contract with C. E. Maguire, Inc. of Waltham was for $10,000 but the add- itional amount is needed to complete all inspections. This is covered under Article 21, 1973; the original estimate was be- tween $15-$20,000. The Board agreed to authorize Mr. McSweeney to make the necessary arrangements. Chairman Kenney read a list of street light requests from Mr. McSweeney: Springdale Road (new subdivision street); Tower Road and Richard Road intersection; Hayden Avenue -Waltham Street to Spring Street. Mr. McSweeney recommended that all but Hayden Avenue be approved because of the high cost of installation. Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works/Engineering not to install street lights on Hayden Avenue -Waltham Street to Spring Street, but to approve the installation of street lights on the following streets, subject to the Boston Edison Company's recommended locations: Springdale Road: Underground installation consisting of five 3,500 lumen mercury lights at $109.08. $545.40/year plus fuel adjustment. Tower Road and Richard Road intersection: Replace four incandescent lamps with six 3,500 lumen mercury lights. Total additional cost = $76.80/year plus fuel adjustment. 2t:F JQ. State Census Turning Mill Rd. Ecology Street Lights 234 Permits LeBellecour New Mgr. Selectmen's Meeting February 24, 1975 Chairman Kenney read two requests from the Lexington Youth Baseball League, and the Board agreed to grant permiss- ion for both events. Upon motion duly made and seconded, it was voted to approve the request of the Lexington Youth Baseball League for the annual parade to be held on Saturday, May 3, 1975, at 1:30 p.m. from the Muzzey Junior High School to the base- ball field. Arrangements will be made for a police escort and a fire engine: to participate in the parade. Upon motion duly made and seconded, it was voted to grant permission to the Lexington Youth Baseball League for the annual candy sale drive to be conducted throughtout the Town beginning Saturday, April 26, 1975. Chairman Kenney requested the Board to sign the applica- tion to the Alcoholic Beverages Commission for approval of a new manager at LeBellecour. Upon motion duly made and seconded, it was voted to sign the application to the Alcholic Beverages Control Commission for approval of Jean Alain Dupon as the new manager of Le- Bellecour, Inc. (formerly Raymonde Friberg). Green Chairman Kenney read a request from the Lexington Minute Lex. Min. Men, Inc. to conduct the annual summer exercises on the Green. Men Upon motion duly made and seconded, it was voted to grant permission to the Lexington Minute Men, Inc. for the use of the Battle Green on the following dates: June 1, 22; July 6, 20; August 10, 17, 1975. Innkeeper Chairman Kenney informed the Board that an application Lex. Chalet for a renewal of the Innkeeper license has been received from the Lexington Chalet. Upon motion duly made and seconded, it was voted to sign the 1975 Innkeeper license for the Lexington Chalet, Inc., 440 Bedford Street, expiring December 31, 1975. Planning Chairman Kenney read a letter from the Planning Board Board recommending the acceptance of the layout of streets for 1975 Streets the Annual Town Meeting. Upon motion duly made and seconded, it was voted to approve the recommendation of the Planning Board accepting the layout of the following streets for the 1975 Annual Town Meeting: Columbus Street, Kendall Road, Sherburne Road, Worthen Road, Springdale Road, Emerson Road, Bushnell Drive, Village Circle, Militia Drive. Selectmen's Meeting February 24, 1975 The Planning Board recommends the acceptance of the lay- out of Belfry Terrace, 350 Ft. from Forest Street to the end, with (1) the elimination of the sidewalk, (2) a slight re- alignment of the street at the intersection of Forest Street and Belfry Terrace in order to save a large red maple tree at that location. Chairman Kenney read a petition from the residents of Belfry Terrace requesting the Selectmen not to include a side- walk in the street construction of Belfry Terrace. Upon motion duly made and seconded, it was voted to approve the recommendation of the Planning Board and the residents of Belfry Terrace to delete the construction of a sidewalk on Bels fry Terrace. Upon motion duly made and seconded, it was voted to table the report from the Planning Board regarding the TAMS recommend- ation on intersection of Massachusetts Avenue/Pleasant Street/ Pollen Road. The Board discussed a letter from Mr. Robert I. Tarlin, Bicentennial Director, for approval of the proposed permanent memorial for Lexington's Bicentennial Commemoration, outlined as follows: PROJECT: 1. Location and determination of the original foundation of the second Meeting House (stood on the Common during the Battle of April 19, 1775). 2. Determination of the location of the Belfry during the Battle of April 19, 1775. 3. Location and determination of the original foundation of the School House that stood on the Common during the Battle of April 19, 1775. Belfry Terrace Planning Board Mass. Ave. Pleasant St. Bicentennial Permanent Memorial 4. Marking, at ground level, with fieldstones placed in concrete, the original foundations as follows: (a) Exact location to be determined by Archeologist Roland (b) Original foundation size both in area and width. Robbins, Lincoln, Massachusetts. (c) Plaques of bronze on granite to be placed in the foundation area (also at ground level) indicating the purpose of and/or significant words spoken from within these buildings. C1440 Ge3fl Selectmen's Meeting February 24, 1975 PROCEDURE: 1. Probing of the Common in the estimated locations. (Work was approved by the Board of Selectmen in 1974 and much has been accomplished). 2. Open of the Common at the exact locations determined by the Archeologist so as to prove findings and to enable masonry work. 3. Placement of concrete footings, fieldstone and plaques (complete restoration of the Common completion). SCHEDULE: 1. Roland Robbins has many facts and determination from both historical knowledge and probings as to the approximate locations. 2. Roland Robbins will proceed with paperwork and plans of the Common from March 1, 1975. 3. Upon approval from Board of Selectmen and Historic Dis- tricts Commission, work will take place immediately in the gound of the Common. 4. Completion of the project for the Meeting House will be prior to April 19, 1975 and will be part of our Re- dedication, April 20, 1975. 5. Completion of entire project prior to July 4, 1975 with possibility of completion by April 19, 1975. FINANCE: 1. Funds to be paid, with approval of Lexington Bicentennial Committee from the funds of the Lexington Bicentennial Corporation. 2. Matching grant to be applied for from State Bicentennial Grant Fund. 3. Services of Roland Robbins to be donated. Selectmen's Meeting February 24, 1975 RESULTS: A "Walk into the Past," rememberance of the original site of the First Battle of the American Revolution for the benefit of Local Residents and the numerous tourists that will visit our Town for years to come. Upon motion duly made and seconded, it was voted to approve the request of the Bicentennial Committee for a pro- posed permanent memorial for Lexington's Bicentennial com- memoration, with the understanding that a request for approval is to be submitted to the Historic Districts Commission. Chairman Kenney discussed a request from the Conserv- ation Commission for a transfer to their expense account. He , informed the Board that he had met with Mrs. Frick regard- ing the original request for $825.00 and explained the Board's position that Conservation stay with their budget. Since that conversation, Conservation is re -applying for a request for a transfer of $700.00, with the explanation that their secretarial workload has increased tremendously because of the new Hatch Act regulations, plus the fact that the second half of the year is when most of the Hatch Act hearing are held. Mr. O'Connell: I would suggest that the Conservation Commission be asked to submit a list of services they are having Mrs. Greene perform, as the Appropriation Committee winwant it when the transfer is discussed. Chairman Kenney: Yes, and we will also ask if the Conservation Administrator can take over some of these tasks. Upon motion duly made and seconded, it was voted to re- quest the Appropriation Committee for approval of the transfer from the Reserve Fund in the amount of $700.00 to Account 2460 - Conservation Commission Expenses. 237 Transfer - Conserv. Commission Expenses Mr. Brown discussed the Governor's Hanscom Task Force. Hanscom He explained that they are attempting to get the endorsement Task Force of the Towns - Bedford, Concord, Lincoln and Lexington - to continue the work by having a group similar to the Task Force but dealing with area -wide problems. $1 million worth of plann- ing projects are undie wa : or propsed but: they are disconnect- ed, uncoordinated, with gaps, no comprehensive perspective, no process for involving towns and agencies in developing this 10,000 acre subregion in an integrated manner. We have received the endorsement of the Town of Bed- ford of the formation of this new group, plus the promise of $2,000 as its share of the funding. The Governor's Hanscom Task Force would probably continue for a year until a master plan is produced. 238` Executive Session Selectmen's Meeting February 24, 1975 Upon motion duly made and seconded, it was vote to inform the Governor's Hanscom Task Force that the Board of Selectmen strongly endorses the need for a permanent group to replace the Governor's Hanscom Task Force. This group should have a broad make-up similar to the Governor's Hanscom Task Force and should deal with area -wide problems. The Board of Select- men would seek to provide up to $2,000 as Lexington's share of the funding for staff support. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating, or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town, or the reputation of a person. After discussion of personnel and 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 11:05 p.m. A true record, Attest: Executive Clerk, Selectmen SELECTMEN'S MEETING March 3, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, March 3, 1975, at 7:00 P.m. Chairman Kenney, Messrs, Busa, Brown, and Mrs. Battin; 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 informed the Board that a request has been re- ceived from the Nattonal Guard to issue a proclamation for the month of March. Upon motion duly made and seconded, it was voted to proclaim the month of March as Minuteman Month in Lexington. Mr. O'Connell requested the Board to approve a recommendation from Mr. McSweeney for Barnes Engineering Company of Auburndale to conduct engineering surveys for the Concord Avenue and Moon Hill Road trunk sewer, for a fee not to exceed $4,260.00. Authority is contained under the appropriations in Article 29 of the 1970 and 1971 Annual Town Meetings. Upon motion duly made and seconded, it was voted to authorize Mr. McSweeney to make the necessary arrangements for the contract for Barnes Engineering Company to conduct engineering surveys for the Concord Avenue and Moon Hill Road trunk sewers in an amount not to exceed $4,260.00. Mr. O'Connell distributed to the Board copies of Guidelines for Patriots' Day Vendors, in order to ensure the uninterrupted movement of the parade participants. The Board agreed that these rules must be adhered to so that visitors and residents may enjoy the Bicentennial celebration. The Board discussed an invitation from the Town of Bedford to attend Bicentennial ceremonies on Saturday, April 12, 1975, at 10:00 a.m. Mrs. Battin and Mr. Busa plan to attend the ceremonies. 239 Proclamation Barnes Eng. Concord Ave. Moon Hill Trunk Sewers Peddlers' Guidelines April 19 Chairman Kenney read an application from Mr. Michael C. Hanafin Battle Green Inn - Liquor Lic. Upon motion duly made and seconded, it was voted to set the date Transfer for the hearing on March 17, 1975 at 7:00 p.m. on the application for a transfee of the Innholder liquor license from R.11.13. Malty & Development Corp. d.b.a. Battle Green Inn to WHH Company, Inc. for a transfer of the Innholder liquor license Bor the Battle Green Inn. 240 Hanscom Task Force Appt. Deferment Sewer and Water Bett. Sanderson Arts & Crafts Sale Permit Selectmen's Meeting March 3, 1975 Chairman Kenney requested the Board to re -appoint Sanborn C. Brown as a member of the Governor's Hanscom Task Force. Upon motion duly made and seconded, it was voted to re- appoint Sanborn C. Brown as Lexington's representative on the Governor's Hanscom Task Force. Chairman Kenney read a request from Mr. & Mrs. Frank J. Sanderson, 5 Meadowbrook Avenue, for a further extension of payment of sewer and water betterments on Blossomcrest Road and Meadow Brook Avenue lots. Upon motion duly made and seconded, it was voted to defer payment of sewer and water betterment assessments for the follow- ing lots owned by Frank J. and Charlotte Sanderson of 5 Meadow - brook Avenue, without interest, until said land or any part is built upon, sold or until the expiration date of November 1, 1977, whichever event occurs first, provided, however, that this extens- ion of time sliall .terminate immediately if said land or any portion thereof is built upon or sold: Blossomcrest Road Sewer Water Lot 289 $436.14 $169.50 Lot 290 356.03 90.00 Lot 291 169.10 - Lot 292 338.20 66.00 Lot 293 338.20 66.00 Lot 294 338.20 66.00 Lot 295 338.20 66.00 Lot 296 375.82 156.80 Meadow Brook Avenue Lot 215 Lot 297 Lot 298 Lot 299 $328.70 321.48 321.48 366.48 The Board agreed that it had no objection to the Woodworkers Guild of the Arts and Craft Society to hold a woodcraft sale on their property on Saturday, April 19, 1975, at 10:00 a.m. The Board discussed a request from the Outlook Club to sell punch during the spring and summer months. Upon motion duly made and seconded, it was voted to grant permission to the ladies of the Outlook Club to sell punch on the lawn of the Buckman Tavern and the Visitors' Center during the spring and summer months of 1975. Selectmen's Meeting March 3, 1975 Upon motion duly made and seconded, it was voted to approve the minutes of Selectmen's meeting held on August 12 and December 9, 1974. Upon motion duly made and seconded, it was voted to grant permission to Ms. Patricia Grieff, 28 Oakmount Circle, for the use of Cary Hall on a Sunday evening in June (to be confirmed as to date later) for a concert to benefit the Minuteman Branch of the American Cancer Society. 24i Minutes Use of Cary Hall The Board agreed to post the list of annual appointments to be Annual - made at the end of March on the Town Offices' bulletin board and a Appts. copy is to be published in the Minute -man. Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering for abate- ment of the following water bills: C. Slade 14 Rumford Road $21.50 Garbor Huszac 16 Swan Lane 4.50 Chairman Kenney read a letter from Warren S. Rustand, Appoint- ments Secretary to the President, expressing President Ford's re- grets th$t` he is unable to attend the rededication ceremony on the Battle Green on Sunday, April 20, 1975, because "as his April sched- ule has developed, it now is certain it will not be possible for him to do so." Chairman Kenney: Today, we sent a telegram to Congressman Tsongas requesting his assistance in getting the President to re- consider. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town, or the reputation of a person. After discussion of matters concerning the Bicentennial and personal services, it was voted to go out of Executive Session in the Selectmen's Meeting Room, and adjourn to Room G-15, Town Office Building, for an Executive Session with the Appropriation Committee and the Personnel Advisory Board. Upon motion duly made and seconded, it was to adjourn at 9:45 p.m. A true record, Attest: ,, 4 .C(A1-1--rt At Executive Clerk, Selectmen Abatements Water April 20 - President's Regrets Executive Session 242 Organiza- tion of the Board Conduit - Hartwell Avenue - Westview Street SELECTMEN'S MEETING March 10, 1975 A regular meeting of the Board of Selectment was held in the Selectmen's Meeting loom, Town Office Building, on Monday, March 10, 1975, at 7:30 p.m. chairman Kenney, Messrs. Bailey and Kassler, Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineer- ing; Mrs. McCurdy, Executive Clerk, were present. The meeting was called to order by the Clerk, who dec`lar+ed that nominations were in order for the election of the Chairman of the Board. Motion was made and seconded nominating Allan F. Kenney. There were no other nominations. Upon motion duly made and seconded, nominations were closed. Upon motion duly made and seconded, Allan F. Kenney was un- animously elected Chairman of the Board of Selectmen for the en- suing year. Mr. Kenney expressed his thanks to Board members for the vote of confidence. He congratulated Mr. Fred Bailey upon his re-elec- tion and, also, congratulated and welcomed Dr. Howard Kassler upon his election as a member of the Board of Selectmen. Chairman Kenney declared the hearing open upon the petition of the New England Telephone Company to install approximately 63 feet of undergound conduit on Hartwell Avenue, and approxi- mately 93 feet of undergound conduit on Westview Street. Notices of the hearing were sent to the abutters, as shown on the petitioner's map. and a copy was filed with the Public Works Department. Mr. D. F. Yauckoes, representating the Telephone Company, was present. Chairman Kenney read a letter from Mr. E. Coscia, DPW Manager, recommending that approval be granted for this location of conduit. Mr. Yauckoes: This petition is for permission to extend the conduit to service a new building, which is presently unoccupied. No one being present in favor or in opposition, Chairman I sRr y'declared the hearing closed. Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone Company for the install- ation of conduit at the following locations: Selectmen's Meeting March 10, 1975 Hartwell Avenue: Starting at a point approximately 12 feet southeasterly from the stone bound at the southwesterly corner of the intersection of Bedford Street, approximately 63 feet of underground conduit southerly to Westview Street. Westview Street: Starting at a point at the intersection of Hartwell Avenue, southwesterly, approximately 93 feet of under- ground conduit, then southerly to Pole 92/2 approximately 83 feet of underground conduit. Chairman Kenney declared the hearing open upon the petition of the Boston Edison Company for the installation of one pole on Bedford Street at Hartwell Avenue. The first order of business by the Board was -rescind the vote of December 30, 1974 for the installation of a pole in this area, as requested by Bostn Edison Co. because the State DPW had granted permission to Tektronix Company to construct a driveway in the pole location previously granted. Upon motion duly made and seconded, it was voted to rescind the vote of December 30, 1974 granting permission to the Boston Edison Company to install Pole 6/96A on Bedford Street, south- westerly side, approximately 206 feet southeast of Hartwell Ave- nue. Mr. Louis Pratt, representing the Boston Edison Company, was present. Chairman Kenney informed the Board that approval has been re- commended by Mr. Coscia, DPW Manager, and that notices of the hear- ing had been sent to all abutters, as shown on the petitioner.'s plan. Mr. Pratt: The Board had granted our previous request of last December but, now, the State DPW has approved that location for a driveway at Tektronix. We are now applying for a new location for the pole. No one appearing in favor or in opposition, Chairman Kenney declared the hearing closed. Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison Company for the following pole location: Bedford Street, southwesterly side, approximately 256 feet southeast of Hartwell Avenue, ON E (1r Pole, 6/95A. Chairman Kenney declared the hearing open on the joint petition of the New England Company and the Boston Edison Company to install one guy wire and anchor on Brent Road. Notices of the hearing were sent to the abutters, as shown on phe plan submitted by the petitioners, and a copy was filed with the Public Works Department. 243 Pole Bedford Street - Hartwell Avenue Guy Wire Anchor - Brent Rd. 244 Conduit - Allen St. Selectmen's Meeting March 10, 1975 Mr. Yauckoes, representating the Telephone Company, and Mr. Pratt, representing the Boston Edison Company, were present. Chairman Kenney read a letter from Mr. E. Coscia, DPW Manager, recommending that approval be granted. Mr. Pratt: This petition is for an anchor guy to hold the pole in that location. No one being present in favor or in opposition, Chairman Kenney declared the hearing closed. Upon motion duly made and seconded, it was votetto grant per- mission to the New England Telephone Company and the Boston Edison Company for the following installation: Brent Road, approximately 150 feet westerly from Emerson Road, one (1) guy wire and anchor off J. O. pole 375/8. Chairman Kenney declared the hearing open on the petition of the Boston Edison Company to install 15 feet feet of conduit on Allen Street. Notices of the hearing were sent to the abutters, as shown on the plan submitted by the petitioner, and a copy was filed with the Public Works Department. Chairman Kenney read a letter from Mr. E. Coscia, DPW Manager, recommending that approval be granted for this location of conduit. Mr. Pratt, representing the Boston Edison Company, was present and explained that the petition was for installation of conduit to service the Minute -Man Ridge subdivision. No one appearing in favor or in opposition, Chairman Kenney declared the hearing closed. Upon motion duly made and seconded, it was voted to grant per- mission to the Boston Edison Company for the following location: Allen Street, at the northwesterly from Pitcairn Place, a distance of about 15 feet of conduit. Mr. O'Connell informed the Board that fifteen civic organiz- BBicenecentennial ations have been granted permits for the Bicentennial weekend and they will have about twenty locations throughout the Town for sales. These local organizations will meet the full requirements of the rules of the Town. Bond Treasurer Mr. O'Connell requested tht Board to approve the bond for Mr. Louis Zehner, Town Treasurer, in the amount of $146,000. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the approval of the bond for the Town Treasurer in the amount of $146,000. Selectmen's Meeting March 10, 1975 Chairman Kenney requested the Board to approve the bond for Mr. Walter C. O'Connell, Town Manager, in the amount of $50.000. Upon motion duly made and seconded, it was voted to approve the bond for the Town Manager in the amount of $50,000. Chairman Kenney informed the Board that Town Counsel requests that the Order of Taking be signed for lots on Hillside Avenue for Conservation purposes. Upon motion duly made and seconded, it was voted to sign the oder of Taking of the following lots located on Hillside Avenue for Conservation purposes: Lots 19, 23, 27, 28, 32, 38, 39, 40, 46, 47, 69, 70, 71, 72, 73, 83, and 84. Chairman Kenney read a request from Mr. Frank Totman, President of the VisitingNurse Association, for appointment of a Selectman to the VNA Board of Directors. Upon motion duly made and seconded, it was voted to re -appoint Mrs. Margery M. Battin as the respesentative of the Board of Select- men on the VNA Board of Directors. Chairman Kenney read a request from Chief Corr to appoint Special Police Officers, for terms expiring March 31, 1976. Upon motion duly made and seconded, it was voted to appoint the following as Special Police Officers in the Town of Lexington, for terms of office expiring March 31, 1976: SPECIAL POLICE OFFICERS EXPIRING MARCH 31, 1976 ACHESON, Eugene A. ADAMS, Adam A. AZZOLINO, Angelo D. BAILEY, Fred C. BALLOU, Sidney R. BARNES, John E. BARNES, Raymond B. BARRETT, Elliott J. BARRY, George C. BARRY, John M. BATTIN, Margery M. BELCASTRO, Francis BELCASTRO, Frank BRIGGS, Kenneth G. BROWN, Otis, S. Jr. BRUCCHI, John W. BUSA, Alfred S. BUSA, William A. 24 . Bond - Town Manager Orders of Taking Hillside Avenue Appointment V.N.A. Special Police Officers 2634 Massachusetts Ave. Resident 23 Charles Street Resident 11 Cresthaven Dr.,Burlington Library Custodian 48 Coolidge Ave. Selectman 38 Highland Ave. Resident 15 Eagle Dr., Salem, N.H. M.I.T./Lincoln Lab./ 59 Gleason Rd. Resident 23 Minuteman Lane Resident 36 Forest St. Resident 34 Forest St. Resident 15 Paul Revere Rd. Selectwoman 174 Wood St. Firefighter P.D. Box 332 Dog Officer 218 Wilder Rd.,Lowell Town Planner 3 Bond Rd. Resident 53 Westview St. Firefighter 38 Circle Rd. Selectman 38 Circle Rd. Resident 24G Selectmen's Meeting CARLSON, Norman C. CASEY, William P. CATALDO, James CATALDO, Robert CHALPIN, Peter M. COLE, Lincoln P. CONNOLLY, Charles E. Jr. CORAZZINI, Richard M. CORR, James F. III CORR, Steven A. COSCIA, Emanuele, Jr. COSTELLO, Thomas DeFELICE, Dominic J. DOOLEY, henry W. DOUGHTY, Goerge Jr. DRISCOLL, Robert V. EMERY, Alan EMPEY, Warren A. ERNST, Karl FRREMAN, Goerge GALLAGHER, Edward T. GILMAN, Edward M. GILMAN, Philip GOULART, Edward G. GRENIER, Louis F. HADLEY, Herbert R. HAM, Richard W., Jr. HORSMAN, John T. ,HRUBY, Alfred W. HURD, Richard G. JACKSON, Lee B. JEFFERSON, Charles E. JONES, Leonard N. KASSLER, Howard M. KELLEY, Kenneth P. KELLEY, Kenneth P. .7r. KENNEY, Allan F. KENNEY, Walter T., Jr. MacLEAN, Ralph D. MARSHALL, Joseph MARTIN, William J. MARTINEZ, Daniel C. MAZERALL, Paul McCARRON, Francis McSWEENEY, John MERCER, Charles R. MICHELSON, Richard March 10, 1975 12 Springdale Rd 1063 Massachusetts Ave. 43 Rindge Ave. 1970 Massachusetts Ave. 11 Freedom Rd., Woburn 16 Hill St. S 67 Cedar St. 40 Philip Rd. 8 Park St. 8 Park St. 6 Millbrook Rd. 36 Allen St. 17 Larchmont Ln. 77 Baker Ave. 75 Paul Revere Rd. 30 N. Broadway, Haverhill 441 Lowell St. 3 Eldred St. 37 Eldred St. 13 Grant St., Concord 6 Maple St., Maynard M Bloomfield St. 129 Burlington St. 6 Rindge Ter., Cambridge 147 Male St. 6 Fern St., Chelmsford 7 Roosevelt Rd. 22 Water St., Ipswich 36 Williams Rd. 12 Loring Ave., Maynard 62 Bow St. 8 Alcott Rd. 71 Lowell St. 11 Winchester Dr. 49 Earle St. 54 Ward St. 10 Frost Rd. 16 Dane Rd. 9 Spring St. 110 Woburn St. 31 Babicz Rd.,Tewksbury 4 MacIntosh Rd., Bedford 20 Wilson Rd. 5 Hillside Terr. 99 Cedar St., Braintree 6 Park St. 54 Asbury St. Police Cadet School Dept. Firefighter Resident Traffic Engineer tate Representative Resident Police Cadet Resident Police Cadet Public Works Resident Resident Resident School Dept. M.I.T./Lincoln Lab Firefighter Public Works Resident Police employee .I.T./Lincoln Lab./ Firefighter Resident M.I.T./Lincoln Lab./ Town Employee M.I.T./Lincoln Lab./ Police Cadet M.I.T./Lincoln Lab./ Resident M.I.T./Lincoln Lab./ Resident Civil Defense Town Employee Selectman Town Employee Firefighter Selectman Resident Resident Firefighter Public Works Citizen Park Superintendent Firefighter Dir.,Public Works Resident Resident 1 1 Selectmen's Meeting MULLER, Eugene T. MULLER, Leonard E. MALONEY, John W. MALONEY, William E., Jr. NUTT, Alfred O'CONNELL, Walter C. O'LEARY, Joseph R. ORMISTON, Wallace W. PEKINS, George PEZZULO, Machale PRESCOTT, Robert REDMOND., James F. ROONEY, Joseph O. RUSSELL, James F. RYDER, Howard D. SAMUEL, Frank T., Jr. SAUNDERS, Robert W. SCIGLIANO, Anne R. SMITH, Howard A. SPIERS, William L., Jr. STEVENS, Edward P. STUCKE, Alden F. SULLIVAN, Thomas SWAN, Duncan F. SWANSON, Patricia A. SWEET, Frederick B. THYNG, Slade A. TOTMAN, Frank H., Jr. TRANI, Joseph A. WEISINGER, Wallace WENHAM, Thomas WHITING, William WRIGHT, Glenn 24 Ewell Ave. 19 Fairbanks Rd. 157 Emerson Rd. 59 Albermarle Ave. 45A Ridge Rd. 57 Emerson Gardens 171 Lincoln St. 38 Charles St. 28 Chase Ave. 247 Marrett Rd. 2 Forest St. 9 Utica St. 222 Waltham St. Parrish Rd.,Georgetown 2 Wilson Rd. 8 Burnham Rd. 295 Marrett Rd. 3 Augustus Rd. 16 Childs Rd. 185 Lowell St. 4 Chandler St., Salem 31 Hancock St. 17 Curve St. 24 Bedford St. 36 Charles St. 133 Russell St., Waltham 46 Munroe Rd. 46 Moreland Ave. 11 Slocum Rd. 193 Bedford St. 1 Francis Rd. 341 Lowell St. 67 Simonds Rd. March 10, 1975 Firefighter Firefighter Citizen Citizen School Dept. Town Manager Police Cadet School Dept. Firefighter School Dept. Resident Firefighter Resident M.I.T./Lincoln Lab./ M.I.T./Lincoln Lab./ Resident Resident Resident Resident M.I.T./Lincoln Lab./ School Dept. Resident School Dept. School Dept. Resident Town Employee Police Cadet Resident Resident Resident Town Employee Firefighter Resident Chairman Kenney read a request from Mr. Bayley, Executive Dir- ector, to conduct 1975 Kiddie Kamp Tag Day throughout the Town on Saturday, May 31, 1975. Upon motion duly made and seconded, it was voted to approve the request to conduct 1975 Kiddie Kamp Tag Day throughout the Town on Saturday, May 31, 1975, subject to any restrictions set forth by the Police Department. Also, with the understanding of adu3t supervision and no soliciting is to be done at traffic intersections. Chairman Kenney read a request from the National Foundation of the March of Dimes for a Walk-a-Thon on Sunday, April 13, 1975. 241 Permit Walk-a- Thon 248 CATV Resigna- tion Warning Signs - School Bus Stops Parking Snow Ban Gates Selectmen's Meeting March 10, 1975 The Board had no objection as long as the marchers would walk two abreast on the sidewalk and would submit to the Police Department. Chairman Kenney read a P. Zabin as a member of the Upon motion duly made with regret the resignation CATV. the route and time letter of resignation from Mr. Albert Advisory Committee on Cable Television. and seconded, it was voted to accept of Mr. Albert P. Zabin as a member of Chairman Kenney read a recommendatdon from the Traffic Safety Comittee to install four warning signs for bus stops, two on Mason Street and two on Peacock Farm Road. Dr. Liane Reif -Lehrer, 6 Mason Street had requested these signs to be installed warning motorists of school bus stops in the area. Upon motion duly made and seconded, it was voted to approve the recommendation of the Traffic Safety Committee for four warn- ing signs, two on Mason Street and two on Peacock Farm Road. The Director of Public Works/Engineering was instructed to make arrangements for the installation of these four signs. Chairman Kenney read a request from Mr. Irving Gates, 18 Whittier Raad, to park his second car at the snow fence at the end of Longfellow Road. Chairman Kenney: Chief Corr recommends against this because: of the possibility of snow removal problems. The snow parking ban is lifted on April 1st. Dr. Kessler: This area doesn't have to be plowed; it is a dead end street. Chairman Kenney: That is where they push the snow. Dr. Kessler: Mr. Gates should have that understanding that his car might be covered with snow. Mr. Bailey: Let him take his chances. Mr. McSweeney: In his letter, Mr. Gates said that he would re- move his car if we have to remove the snow. We have no objection. Dr. Kassler:moved that permission be granted on a temporary basis until the snow ban is lifted on April 1st. Upon motion duly made and seconded, it was voted to grant per- mission to Mr. Irving Gates, 18 Whittier Road, to park his car against the snow fence at the dead end of Longfellow Road until April 1, 1975, subject to the condition that his car be removed if the Department of Public Works has to get into the area for snow removal and, also, he must not block access to the area. Selectmen's Meeting March 10, 1975 Mrs. Battin recommended to the Board that if Article 75 -To establish a Council for the Aging is approved by Town Meeting, that there be seven members appointed as the Council. Mr. Cohen added: For three year terms, two for one year; two for two years; three for three years. The Board agreed. Upon motion.duly made and seconded, it was voted to gg into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town, or the rep- utation 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 11:15 p.m. A true record, Attest: Executive Clerk, Selectmen 24.9.. Art. 75 - Council for Aging Executive Session 250 Liquor License Transfer Battle Green SELECTMEN' MEETING March 17, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Mdnga,y, March 17, 1975, at 7:00 p.m. Chairman Kenney, Messrs. Bailey, Buse, and Kessler, Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mrs. McCurdy, Executive Clerk, were present. Chairman Kenney declared the hearing open on the application to transfer the All Alcoholic Common Victualler license from RHD Realty Development Corp. d/b/a/ Battle Green Motor Inn to WHE Com- - ny., Inc. d/b/a/ Battle Green Motor Inn. A notice of the haring had been inserted in the Lexington Minute -man issue of March 6, 1975, and all abutters had been noti- fied, by certified mail by the applicant's Attorney, Frederick Conroy, of the hearing date. Attorney Conroy and Mr. Michael C. Hanafin, Owner/Manager, were present. Attorney Conroy: Mr. Hanafin is the present Manager under the existing license and he has purchased the property. There were prob- lems prior to his becoming Manager but they, I believe, are all re- solved. I have filed all the necessary documents with you and will answer all questions you may have. MR. Bailey: When did Mr. Hanafin take over? Attorney Conroy: January, 1974. Mr. Bailey: Have we had any further complaints on the quality of the motel? Attorney Conroy: There were some. Mr. Bailey: Are there any others? Chairman Kenney: No, in issuing the Common Victualler's license, the Health Director said that he is working with MR. Hanafin on im- provements, and he recommended the issuance of that license. Mr. Bailey: i appreciate the fact that the quality of the motel has nothing to do with this license but I was extremely concerned a year ago about the existing conditons. Attorney Conroy: There have been improvements. Chairman Kenney: Mr. Hanafin is the owner and runs that operation, and will act as his own Manager in terms of the liquor license. He is well aware that the kitchen must remain open and there is to be no cocktail bar and no advertising, as such. His liquor license is strictly as an adjunct to the dining room. As there any questions? There were no futher questions. No one appearing in favor or in opposition, Chairman Kenney declared the hearing closed. Selectmen's Meeting March 17, 1975 Upon motion duly made and seconded, it was voted to approve the transfer of the All Alcoholic Common Vicutaller license from RHD Development Corp. d/b/a/ Battle Green Motor Inn to WHH`Company, Inc, d.b/a/ Battle Green Motor Inn, 1720 Massachusetts Avenue, Lexington. The Board signed the request to the Alcoholic Beverages Control Commission for approval of the above transfer. Chairman Kenney requested the Board to approve the Orders for Construction of sewers, as submitted by the Director of Public Works/ Engineering. Upon motion duly made and seconded, it was voted to sign the Order for Construction of Sewer on the following streets: Carriage Drive from Grove St. 148tft. Westerly to end. Volunteer Way from Grove St. 2024+ft. to end at cul-de-sac. Coach Rd. from Volunteer Way 851.72± ft. Northerly to Carriage Drive Grove St. from Volunteer Way 860±ft. to Lexington -Bedford Town Line Chairman Kenney requested that the Board approve bonds for the Town Clerk and the Tax Collector. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the approval of the bond for Miss Mary R. McDonough, Town Clerk, in the amount of $5,000 and Mrs. Doris Barclay, Tax Collect- or, in the amount of $143.000. These bonds are to be forwarded for the approval of the Commiss- ion of Corporations and Taxation. Chairman Kenney read a report from the Traffic Safety Committee regarding parking for tour buses during the Bicentennial. The report states that it is the feeling of the Committee that the current park- ing at existing parking spaces and areas by such buses presents no particular problem. In addition, we feel that no on -street or public off-street spaces should be reserved for these buses. These spaces were meant to be used and should only be used on a first come, first served basis. If, during the course of the Bicentennial an emergency situation arises in this regard, the Police Department will respond accordingly and as directed by the Board. Should this situation occur, the Committee will re-evalute its position. Chairman Kenney to Mr. O'Connell: Didn't we contact the bus companies and ask them to discharge their passengers and park around the corner? Mr. O'Connell: Yes. 251 Orders for Sewer Construc- tion Bonds Battle Green Parking - Commercial Buses 252 Selectmen's Meeting March 17, 1975 The Board agreed to accept the recommendations of the Traffic Safety Committee and to request that the Police Department monitor the area for the next six weeks and report back to the Board. Traffic Chairman Kenney informed the Board that the Traffic.Safety Stop Committee recommends an amendment to the Traffic Rules and Orders by Signs the installation of stop signs on East Street and Park Drive. East St. Upon motion duly made and seconded, it was voted to amend the I Park Dr. Traffic Rules and Oders by adding to Article VIII, Section 22, Schedule #7, the following: Street Location Regulation East Street Westbound at Adams St. Stop Park Drive Northwestbound at Muzzey St. Stop Park Drive Southeastbound at Muzzey St. Stop The Board agreed to request approval of the Massachusetts Depart- ment of Public Works for this amendment of the Traffic Rules and Orders for the installation of stop signs at the above locations. Permit Chairman Kenney read a request from the Lexington Minute Men, Inc. for the use of the Green. Upon motion duly made and seconded, it was voted to grant permis- sion to the Lexington Minute Men, Inc. for the use of the Green on April 6, 1975, from 1:00 to 4:00 p. m. for rehearsal of the Battle Reenactment. Proclama- Chairman Kenney read a request from Major Calandrella of the tion 10th Regiment of Foot that the Board sign a "Freedom of the City" Proclamation. A memo from Mr. Tarlin, Bicentennial Director, suggests that if the Boaad approves this request, it should be under- stood that the Proclamation be for ceremonial purposes only. Upon motion duly made and seconded, it was voted to sign the following Proclamation, and to write to Major Richard J. Calandrealla of the 10th Regiment of Foot,Cheiinsford, Massachusetts, informing him that the Proclamation is not to be taken literally and is for ceremonial purposes only. PROCLAMATION "WHEREAS: The Bicentennial Era of the American War of Independence is upon us, and WHEREAS: In order to show that two peoples, divided by war two hundred years ago are now united by bonds of sincere friendship, and as a token of our unitdd British - American heritage, Selectmen's Meeting March 17, 1975 IT IS PROCLAIMED: That the Tenth Regiment of Foot shall be granted the Freedom of the Town of Lexington, and may hereafter Parade with Drums Beating, Colours Flying and Bayonets Fixed through its streets." Chairman Kenney read a request from the State Treasury Depart- ment for the Boar to sign a United States Savings Bond PrO014aL- ation. Upon motionfduly made and seconded, it was voted to proclaim May 5 - 9, 1975 as Minute Man Week in the Town of Lexington and to urge all citizens to "TAKE STOCK IN AMERICA" by purchasing U.S. Savings Bonds. Chairman Kenney read a request from Secretary Guzzi to certify the character of Ivanie Joslin, 16 Taft Avenue An investigation by Chief Corr reveals no reason why Ms. Joslin should not be certified. Upon motion duly made and seconded, it was voted to certify the character of Ivanie Joslin, who has applied for Certification of Incorporation, "The Women's Fund, Incorporated." Mr. O'Connell informed the Board that a request has been re- ceived from the Principal of the Bedford High School for the students to conduct a Walk-a-Thon to the Lexington Battle Green on March 22, 1975. The Board had no objection but would request that the partici- pants walk two abreast along the sidewalks. The Board discussed the rededication of the Green to be held on Sunday, April 20, 1975. Mr. Kenney: As you know, we invited President, Ford and we were officially notified that he is unable to be present. The question has come up whether we should ask the Vice President and several people have approached me as being favorably inclined. The Bicentennial Committee has discussed this and their feeling was rather strong that we should not go beyond the Vice President. I am recommending to the Board that we do invite him. Dr. Kessler: I am not in favor. I have strong reservations about adding to the excitement of the occasion and I have mixed emotions about bringing more publicity to the occasion by having dignitaries. Having the President or the Vice Presidnet would add to the confusion and not enhance our celebration. My feeling is that we, as a Town, want to welcome all visitors that come but I don't think we should go out of our way to attract more people. Lf Proclamation Certificate of Incorporation Walk-a-Thon Bicentennial Invitation to Vice President 254 Executive Session Selectmen's Meeting March 17, 1975 Chairman Kenney: The official position of the Board would have been contrary to that .and to extend an invitation to the Vice President would be consistent, and we would draw the line there. Mrs. Battin: I agree with Dr. Kessler as it would be a much more home town celebration and would lessen the crowd; there would be twice as much of a crowd. Inviting the Presidnet was fine;but I would draw the line there. Mr. Buse moved to invite the Vice President to the rededication ceremony. He felt that the crowd and the atmosphere wouldn't change whether we had the President or the Vice President. We are already geared to having the President and the crowd would not be increased or diminished by having the Vice President. Mr. Bailey seconded the motion. Chairman Kenney: I strongly support the idea of inviting the Vice President and, in terms of the office, I feel it would enhance the occasion. Upon motion duly made and seconded, it was voted to invite Vice President, Nelson A. Rockefeller to attend the rededication of the Battle Green on Sunday, April 20, 1975. Mrs. Battin and Dr. Kessler voted in the negative. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town, or the reput- ation of a person. After discussion of matters of land acquisition, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 7:30 p.m. A true record, Attest: c Executive Clerk, Selectmen SELECTMEN'S MEETING March 24, 1975 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, March 24, 1975, at 7:00 p.m. Chairman Kenney, Messrs. Bailey, Buse, Kessler, and Mrs. Battin; Mr. O'Connell, Town Manager; Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Executive Clerk, were present. At the request of the Town Clerk, the following jurors were drawn: Rudy Cuccinello Stewart C. Langille Bertram J. Goldstone Charles C. Leach James C. Raffi John W. Greene Harold B. Beal 2412 Massachusetts Avenue 38 Bow Street 41 Emerson Gardens 10 Longfellow Road 18 Burroughs Road 162 Maple Street 22 Bryant Road Mr. O'Connell read a request from the Health Director for a transfer of $3,640 to cover the costs for hospital care for a patient at Middlesex County Hospital for a period of 145 days at $55.78 per day, a total of $8,143.88. The patient is a veteran and was not covered by any hospital insurance; therefore, according to G. L. Chapter 111, Section 94, the Health Department is responsible for one-half the per diem rate. Our budget provided some of the money and we need the balance of $3,640. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approve the transfer from the Reserve Fund to Account 3300 -Health Expenses in the amount of $3,640. Mr. O'Connell informed the Board that Mr. Thomas Wenham, Assist- ant Assessor, is to assist Mrs. Mary Hadley, Census Director, by handling computer and informational type problems. Subject to final approval by the State Census Bureau, we may be able to submit census results on a print-out form and on a mail -inquiry basis, plus a personal follow-up when the form is not returned. Mr. O'Connell advised the Board that he had made arrangements for one of the C.E.T.A. employees to handle all applications for permits to sell items on April 19th. We have been deluged with applications, and those that are questionable will be referred to me. 255 Jurors Transfer Account 3300 -Health State Census April 19 Peddlers 256 Special Policemen State DPW - Drummer Boy Traffic Signal Traffic Signal Waltham St, Worthen Rd. MBTA Consultant Evaluation Committee Selectmen's Meeting March 24, 1975 Chairman Kenney read a request from Chief Corr for the appoint- ment of six additional Special Police Officers. Upon motion duly made and seconded, it was voted to appoint the following as Special Police Officers for the Town of Lexington: Barrett, Paul F. Brogna, Francis C. Callender, Marcus W. Lamb, Harry B. Jefferson, Steven B. Smith, Stephen J. 175 Mystice Street, Medford 14 Hadley Street, Malden 158 Electric Ave., Lunenburg 219 Littleton Rd.,Westford 8 Alcott Rd, Lexington 16 Childs Rd. Lexington M.I.T. Lincoln M.I.T.Lincbin M.I.T.Lincoln M.I.T.Lincoln Resident Resident Lab Lab Lab Lab Chairman Kenney read a letter from District #4 Highway Engineer, Mr. C. F. Mistretta, stating that traffic data collected indicates the need for signalization at the intersection of Winter Street with Bedford Street to provide free and safe access of traffic from Winter Street, not only for the present residents of this area but those who will be occupying the proposed Drummer Boy Green complex. The State Department's procedure regarding traffic installations of this type is to enter into an Agreement with the municipality involved for the installation of traffic control device with the conditions that there will be no cost to the Department. Upon motion duly made and seconded, it was voted to refer the matter to the Traffic Safety Committee for a recommendation. Chairman Kenney read a report from the Traffic Safety Committee regarding letters from Mr. Daniel Small and Dr. Jon Volovick relative to the installation of traffic signals at the intersection of Waltham Street and Worthen Road. The report states that this location has been studied frequently over the past three years and the data gather- ed during this study, and subsequent evaluation, yields the conclusion that warrants for traffic signals are met by this location. The Board agreed to include an Article in the Warrant for the 1976 Annual Town Meeting for the installation of traffic signals at the intersection of Waltham Street and Worthen Road. Mr. McSweeney was instructed to make the initial preparations for this project. Mr. Daniel I. Small, 33 Wachusett Drive, and Dr. Jon Volovick, 30 Captain Parker Arms, are to be informed of the decision of the Board. Chairman Kenidy reed 4 1etteB Yeah Mr. Joseph C. Kelly, MBTA General Manager, requesting that the Board designate a representative of Lexington for the Consultant Proposal Evaluation Committee. Chairman Kenney: Sanborn Brown has written a letter of re- commendation that Paul J. MacKenzie be appointed as he is (1) a member of the Planning Board; (2) a professional planning engineer; (3) a resident on the proposed route of the Red Line Extension. Selectmen's Meeting March 24, 1975 Upon motion duly made and seconded, it was voted to designate Mr. Paul J. MacKenzie, 13 Maple Street, to represent Lexington as a member of the consultant Proposal Evaluation Committee for Lex- ington Area Transit Improvements Project. Chairman Kenney read a letter from Dr. Sanborn C. Brown, Chairman of the Governor's Hanscom Task Force, requesting an opinion of the Selectmen regarding an aerial demonstration by the Thunderbirds at Hanscom Field on July 6, 1975. The Board had no objection to the demonstration. Chairman Kenney read a request from the Lexington Lodge of Elks for an extension of hours under their Club liquor license to 2:00 a.m. during the Bicentennial weekend of April 18 - 21, 1975. Upon motion duly made and seconded, it was voted to grant permission to the Lexington Loop or Elks for the following hours under their Club liquor license: April 18-4:00 p.m.' to 1:00 a.m.; April 19-12:00 Noon to 1:00 a.m.; April 20-12 Noon to 1:00 a.m.; April 21-12:00 Noon to 11:00 p.m. Upon motion duly made and seconded, it was voted to sign re- newals of 1976 Auctioneer's license, expiring March 31, 1976, for the following: Robert N. Cann Lawrence W. Graham, Jr. Richard H. Soule Joseph C. Tropeano Joseph T. Tropeano 48 Hancock Street 23 Baker Avenue 16 Hancock Street 12 Revere Street 12 Revere Street Upon motion duly made and seconded, it was votes to approve the request of the Veterans' Agent for abatement of ambulance bill sent to Grace Albano in the amount of $15.00 (Mrs. Albano is receiving veterans' benefits.) The Board agreed to refer to the School Committee the letter from the State Historical Commission regarding the application for the Hancock School to be placed on the list of National Preservation of Historic Places. Chairman Kenney read a request from Mr. McSweeney, Director of Public Works/Engineering, to sign the memorandum of agreetment between the Commonwealth of Massachusetts and the Town of Lexington for Chapter 90 Construction Allotment for FY 75, 76 and 77. 2' Hanscom - Thunderbirds Elks Club Liquor Hours Auctioneers . Abatement - Ambulance Hancock Sch. Nat'l Regis- ter Chapter 90 - Hancock St. East Street 2.5.8 Executive Session Selectmen's Meeting March 24, 1975 Upon motion duly made and seconded, it was voted to sign the memorandum of agreement between the Commonwealth of Massachusetts and the Town of Lexington for Chapter 90 Construction Allotment, to excavate, grade,_.cdnstruct a gravel foundation, construct drain- age, construct a Class I bituminous concrete surface and otherwise improve the following Town roads: 1. Hancock Street from Adams Street to Bedford Street; 2. East Street from Woburn City Line southwesterly to Adams Street. State Allotment: FY 1975 $41,686; FY 1976 $47,686; FY 1977 $47,686. Town Participation: FY 1975 $60,000. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town, or the rep- utation 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 7:56 p.m. A true record, Attest: Executive Clerk, Selectmen GMLPCTMEN' MEETING March 31, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, March 31, 1975, at 7:00 p.m. Chairman Kenney, Messrs. Bailey, Buse, Kessler, and Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Executive Clerk, were present. Reverend Harold T. Handley, Director of Guides, met with the ,Board to present the Guides of the Town of Lexington for 1975. Chairman Kenney to Rev. Handley: Some people have approached us that there should be a dress code for the Guides and, also, have voiced the opinion that there have been too many Guides on the Green at one time. Rev. Handley: We have had some little friends that I have ,spoken to and warned them about dressing properly. We assign them on the Green in groups of three, and we have not had more than nine or ten there at atime. Chairman Kenney welcomed the Guides and gave each a Bicentennial Guide badge and certificate. Upon motion duly made and seconded, it was voted to appoint the following Guides of the Town of Lexington, for a term expiring June 1, 1976: Appointments Thomas Farmer Jeffrey Spencer Bill McKibben Neil Mager Reappointments Harvey Bass Karl Block Dave Campbell Ann Carroll Norma Coates Richard Gerrig Brad Golden Ellen Helgeland Richard John Tom Kocher Colleen Leary 9 Chandler Street 32 Hancock Street 32 Middle Street 1 Berwick Road 30 Eastern Avenue 37 Wyman Road 100 Bertwell Road 38 Young Street 30 Donald Street 44 Eldred Street 11 Dane Road 52 Liberty Avenue 19 Saddleclub Road 4 Nickerson Road 189 Wood Street Guides 259 260 Grammot Sewer HUD Grants State Census Selectmen's Meeting March 31, 1975 Jeff Lucas Eric Michelson Robin Miles Paul O'Shaughnessy Carolyn Ryan Kathleen Ryan Claudia Sauermann Alan Wachman Cheryl Wang Pam Wishney 11 Summit Road 54 Asbury Street 3 Dewey Road 61 Ivan Street 44 Eastern Avenue 44 Eastern Avenue 14 Russell Road 10 Diamond Road 9 Gould Road 46 Burlington Street Attorney Donald E. Legro met withLthe Board to request that the bond given by Ronald C. Grammont and Diana H. Grammont to secure the completion of the Grammont sewer project be reduced from $7,000 to $3,000, and to request that the Board authorize the Town Treasurer to permit Mr. and Mrs. Grammont, or their Attorney, to withdraw all money on deposit in the Leader Federal Savings and Loan Association in excess of $3,000. Also, to request the Board to sign the grant of utilities -to the Town. Chairman Kenney read a report from Mr. McSweeney, Director of Public Works/Engineering, recommending that the above requests be granted. Upon motion duly made and seconded, it was voted to reduce the sum of $7,000 to $3,000 on the bond of Ronald G. Grammont and Diana H. Grammont given to secure the completion of the Grammont sewer project; or Diana draw all to authorize the Town Treasurer to permit Ronald G. Grammont H. Grammont, or their Attorney, Donald E. Legro, to with - money on deposit in Leader Federal Savings and Loan Associ- ation Account No. 01-42183 in excess of $3,000. Also, to sign the grant of utilities, as submitted by Attorney Donald E. Legro, Counsel for Mr. Grammont, subject to the approval of Town Counsel Norman P. Cohen. Mr. Legro thanked the Board and retired from the meeting. Mr. O'Connell informed the Board that a letter has been re- ceived from the Department of Urban Development notifying us that it is recommended that the Town of Lexington not make application for funds under the new Housing Act as "there are no balances when they get down to communities such as Lexington". Therefore, it is useless to apply. Mr. O'Connell advised the Board that written approval has been received from the State Census Bureau agreeing with our plan for using computer print-out and doing the census by mail. They also agreed that we add the question relative to unemployment. 1 1 Selectmen's Meeting March 31, 1975 Mr. Cohen requested the Board to sign the document certifying the approval of a gift to the Town of a parcel of land for conser- vation purposes from Wellston Realty Corp. Mr. Cohen: The 1973 Annual Town Meeting voted to take land ,owned by Porter, and it also included a portion owned by Weymint Realty and Wellston Realty Corp. We have been able to negotiate an easement and they have asked the Town to pay the legal expenses they have incurred. They do plan to sell the land and have asked me to record it by the middle of April. Upon motion duly made and seconded, it was voted to approve the receipt of the deed of an easement to the Town of Lexington from Weymint Realty and Wellston Realty Corp. 261 Wellston Realty Corp. Conservation Land The Board discussed with Mr. McSweeney the cleaning of the Clematis Brook in the Paddock Lane area. Mr. McSweeney: Last year, the Board received a letter from an Clematis attorney representing Patrick J. Montuori, 12 Paddock Lane, requesting ;-Blfook !that the Town correct conditions in the area by cleaning the brook Cleaning ,adjacent to Mr. Montuori's property. We reviewed the situation and !contacted Mr. Montuori. We want to clean the brook, which is subject to hearings and further investigations, and must file an application under the Hatch Act. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the application under the Wetland Protection Act to clean the Clematis Brook in the Paddock Lane area, and to authorize the Town Engineer to file the application. Upon motion duly made and seconded, it was voted to table approval of Constable John Shine's bond in the amount of $3,000. Chairman Kenney requested the Board to vote the 1975 annual appointments. Upon motion duly made and seconded, it was voted to appoint the following: BOARDS AND COMMITTEES ,Town Celebration Committee ,Historic Districts Commission (Library Trustees) Standing Plumbing & Building By -Law Committee NAME Bond Annual Appointments TERM EXPIRATION DATE Eleanor B. Litchfield 3 yrs.April 30, 1978 Edward Turner Ruth M. Mitchell 11 11 11 Georgia H. Williams 5 yrs. January 1, 1980 Richard W. Souza 3 yrs. April 30, 1978 Carl Harry Erickson 262 Board of Appeals Selectmen's Meeting BOARDS AND COMMITTEES (CON'T.) Gammell Legacy Income Trustee Bridge Charitable Fund Fence Viewers Registrar of Voters Executive Clerk Drug Advisory Committee Drug Counselor Street & Sidewalk Design Advisory Committee NAME James E. Collins March 31, 1975 TERM EXPIRATION DATE 1 yr. March 31, 1976 Gaynor K. Rutherford 3 yrs. March 31, 1978 Rev. Harold T. Handley Louis A. Zehner Reed Kingston Taylor 1 yr. March 31, 1976 3 yrs. Eleanor M. McCurdy 1 yr. Margery M. Battin Sumner E. Pearlman Dr. Jack H. Monderer Dr. Charles E. Ellicott Irving H. Mabee 1 yr. 11 March 31, 1978 March 31, 1976 March 31, 1976 '1 It 11 Charles L. McManus 1 yr. March 31, Paul J. Nicholson 3 yrs. March 31, The Board discussed appointments to the Board of Appeals and Associate Members of the Board of Appeals. Dr. Kessler: Sometimes, in any organization or group, it be- hoves us to stop and reevaluate the criteria in which we have been operating. In that spirit, I would like to submit the following: '."In view of its very sensitive nature, the following criteria should be applied in selecting new members and associate members for the Board of Appeals: 1. The appointee should be well acquainted with the town's physical character, layout, needs, problems,'and plans. He or she should have a publicly recognized commitment to the interests and welfare of the town as a whole. 2. The appointee's local investment and commercial interests, in- cluding those of family and business associates, should not be so extensively related to the work of the Board of Appeals as to rakie any question in the public mind about the objectivity with which he or she would be able to discharge a Board member's responsibilities. 1976 1978 Selectmen's Meeting March 31, 1975 3. The appointee's manner of dealing with others, both privately and in public forums, should be such as to help ensure that de- cisions of the Board will be based on all pertinent information, clearly and forthrightly presented. 4. Appointees should be selected with a view to keeping the Board reasonably representative of the full spectrum of town opinion on, all issues of social policy significantly affected by the Board's work. The number of townspeople both willing and well-qualified to serve is ample to make compromise unnecessary on any of the four criteria. Citizens whose qualifications fall short on any of the criteria may be able to serve the Town well in some other capacity; but they should not serve on the Board of Appeals." . Chairman Kenney: Having briefly looked at this set of criteria, I can agree with most of it; some I would have to delve into. These people we are proposing to re -appoint - Logan Clark, as a regular member, and Haskell Reed, Irving Mabee, Robert Cataldo, Robert Gary, Thomas G. Taylor, and Natalie Riffin as Associate Members - represent outstanding citizens, have served honestly and well, and have the Towns's best interest at heart. It is without hesitation that I would recommend their appointment. Mrs. Battin: I wholeheartedly subscribe to the criteria and I would want to vote on them, name by name. Mr. Buse; I agree with the Chairman, and we have always abided with the conflict of interest law. I feel an attorney should be on the Board of Appeals and, even though there is not an attorney, he could make a judgment of the appeal before them. Mr. Bailey: If there is concern about possible conflict of interest here, it strikes me there is always risk. If.there is any one of the associate members who finds himself in conflict about something before the Board, that is why we have six associate members, and one or more could fill in. It is quite improbably that there could be one placed in conflict on any matter. Dr. Kessler: I don't disagree but there should be some set of criteria'. All appointments can be laid out and explained on what basis we judge, and then if there are any particular questions, we can address ourselves to them. Upon motion duly made and seconded, it was unanimously voted to re -appoint Mr. Logan Clark, Jr. as member of the Board of Appeals for a five year term expiring March 31, 1980. 21 Board of Appeals Appts. Q. 264 Tabled Permit Selectmen's Meeting March 31, 1975 Upon motion to reappoint MR. of Appeals for a Upon motion to reappoint Mr. of Appeals for a duly made and seconded, it was unanimously voted Haskell W. Reed an Associate Member of the Board one year term expiring March 31, 1976. duly made and seconded, it was unanimously voted Irving H. Mabee an Associate Member of the_.Board one year term expiring March 31, 1976. Motion was made by Mr. Busa and seconded by Mr,,;iley to re -appoint Mr. Robert Cataldo an Associate Member of the Board of Appeals. Mrs. Battin: I would like to nominate an eminently well- qualified former Chariman of T.M.M.A., Shirley Stolz. Dr. Kessler seconded the nomination. Chairman Kenney voted in favor of Mr. Cataldo, and it was voted 3 - 2 to re -appoint Mr.' Robert Cataldo an Associate Member of the Board of Appeals* Chairman Kenney, Mr. Bailey and Mr. Buse voting in favor and Mrs. Battin and Dr. Kessler in opposition. *for a one year term expiring March 31, 1976. Upon motion to re -appoint Mr. of Appeals for a Upon motion to re -appoint Mr of Appeals for a duly made and seconded, it was unanimously voted Robert M. Gary an Associate Member of the Board one year term expiring March 31, 1976. duly made and seconded, it was unanimously voted . Thomas G. Taylor an Associate Member of the Board one year term expiring March 31, 1976. Upon motion duly made to re -appoint Mrs. Natalie Board of Appeals for a one and seconded, it was unanimously voted H. Riffin an Associate Member of the year term expiring March 31, 19/6. Upon motion duly made and seconded, it was voted to table the request from Molly Pritcher, Inc. for permission to conduct a bicycle marathon on Sunday, May 11, 1975, pending further back- ground information regarding the organization. Cert. of Upon motion duly made and seconded, it was voted to certify the Incorp. character of Marily Speiser, 449 Waltham Street, who has applied for Certificate of Incorporation, "Health, Education and Resource Center, Inc." Abatements I Water Bill Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering to abate the following water bills: Selectmen's Meeting Moore,Homes, Inc. Arts & Crafts Ching Mee Fee 15 Oakland St. 130A Waltham St. 53 Westview St. R. J. Caller 209 Lincoln St. March 31, 1975 $ 5.00 Overcharge 8.75 Billing Error 9.90 Incorrect meter reading - owner 26.47 Late return of card ChairmanAdormyread an invitation from the Town Celebration Com- mittee to partici:paean in the parade on April 19, 1975, at 7:30 a.m. from the Adams School to -the Battle Green. Upon motion duly made and seconded, it was voted to approve the minutes of Selectmen's meeting held on September 9, 16, 23, 1974; November 4, 1974; March 10, 1975. Chairman Kenney read a request from Norman P. Cohen, Town Counsel, to sign sewer easements. Upon motion duly made and seconded, it was voted to sign the taking of sewer easements on Carriage Drive and Volunteer Way; *Instrument #213 of April 7, 1975 - Plan #228 of 1975; Instrument #214 of April 7, 1975 - Plan #229 of 1975. The Board agreed that a letter should be written to Package Goods Stores requesting them to remain closed on Saturday, April 19, and Monday, April 21, 1975, due tQ the Bicentennial weekend celebration. For the information of the Board, Chairman Kenney read a letter from Chief Corr addressed to Mr. William P. Fitzgerald and Mr. Malcolm Keljikian of Mal's Night and Day Towing Company, 7 Mass- achusetts Avenue, thanking them for the presentation of two motor scooters to be used in recreation and conservation areas and behind the business blocks in the Center. Chairman Kenney: We will be using them for crowd control and April 19th. The Board discussed the renewal of a Lodging House license to Wild Acre Inn and it was agreed to hold the license, pending further reports from the Board of Health, Building Commissioner and the Fire Department. *Instrument #214 of April 7, 1975 - Plan #229 of 1975; Instrument #213 of April 7, 1975 - Plan #228 of 1975. 1 2 E'Q April 19 AM Parade Minutes Carriage Dr. Volunteer Way Sewer Easements Bicentenn. Pkg. Goods Stores Gift - MOtor Scooters Wild Acre Inn .66 Executive Session Selectmen's Meeting March 31, 1975 Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town, or the reputation of a person. After discussion of public health and collective bargaining matters, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 7:55 p.m. A true record, Attest: Lv Executive Clerk, Selectmen 1 SELECTMEN'S MEETING April 7, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, April 7, 1975, at 7:00 p.m. Chairman Kenney, Messrs. Bailey, Buse, Kassler, and Mrs. Battin; 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 recommended a transfer request for $24,400 to the Road Machinery Account. The present balance in the account is $6,124.43. The budget request last fall included $56,000 for a shovel dozer and there was the question of whether or not to have that or the alternative of going for a complete $15,500 overhaul. At that time, it was recognized that there would have to be a transfer request. Since that time, we have had the unfortunate experience of having major repairs to the Gallion Roller, the Bomag compactor, substantial... costs for repairs to two truck engines, and repairs to the Caterpillar. The total cost was ap- proximately $19, 900. We have carefully estimated the balance of money required for the rest of the year and the total is $24,400. Mr. Bailey: What amount was appropriated under that budget? Mr. O'Connell: I think a total of $11,000, a modest amount of money. That is the bad news. We will return approximately $25,000 to E & D from snow removal. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for approval of a transfer from the Reserve Fund to Account 5450 -Road Machinery in the amount of $24,400. Mr. O'Connell informed the Board of a request from ABC News for the use of the Battle Green as a background for a one-hour documen- tary film for television. They would like to come to Lexington on April 10 and 11 and would take care of the costs involved, i.e. Police, etc. Also, they have made arrangements with the Historical Society for the use of the Hancock -Clark House. Upon motion duly made and seconded, it was voted to grant per- misson to ABC News for the use of the Battle Green on April 10 and 11, 1975 for a television doucmentary film. Mr. O'Connell requested the Board to write to the Water Resources Commission stating approval of the chemical toilet project during the Bicentennial weekend. The Board agreed. 267 Transfer Request - Acct. 5450 Rd. Mach. Permit ABC News Battle Green 26S Contract 75-7-E Sewer Const. Gioioso Grandview Brigham's Buttrick's -Hours Estabrook Hall Request Selectmen's Meeting April 7, 1975 The Board discussed bids submitted and opened on March 20, 1975 for sanitary sewer construction on Carriage Drive to Winter Street Interceptor, Carriage Drive, Grove Street, Volunteer Way to Winter Street Interceptor, and Coach Road. At the time of the bid opening, but prior to the bids being checked, it was ammounced that P. Gioioso and Sons was the apparent low bidder. At this time, Gioioso's bid was challenged by Mr. Richard Saccone, President of Grandview Con- tracting, Incorporated, the apparent second low bidder at $270,282.51. Gioioso's bid was $235,497 but when the unit prices were read, there was a mistake in item #33, Spec. M2-1, making that total $90.000; therefore, with the addition of this amount, Gioioso's bid figure of $325,497 made him the tenth lowest bidder. (Item 33 showed unit price of $300 for 300 linear feet of stone wall removed and rebuilt.) Chairman Kenney: It is the recommendation of the Director of Public Works/Engineering that this contract be awarded to Grand- view Contracting Incorporated on the basis of being the lowest bidder. Mr. Cohen: My associate, Richard Olson, spoke on the telephone with the General Counsel in the Department of Labor and Industries. Although the General Counsel stated that he would like to see the actual bid form, he indicated that, based on the facts presented to him, he would rule in favor of awarding the contract to Gioioso. Under the circumstances, my advice is to award the contract to P. Gioioso & Sons, Inc. in the amount of $235.497. It would appear that there may be litigation whether the contract is awarded to Gioioso or to Grandview. Since, in my opinion, the outcome is uncertain, I feel that the difference between the two bids is a significant amount, $35,000, and therefore recommend Gioioso. Upon motion duly made and seconded, it was voted to award Con- tract 75-7-E, "subject to approval of Town Counsel as to form, to P. Gioioso & Sons, Incorporated, Dorchester, for sanitary sewer construction in the amount of $235.497 Chairman Kenney read a request from Brigham's and Butterick's for an extension of hours of operation. Upon motion duly n[ade.fi1d Seconded, it was toted to approve the request of Brigham's and Buttrick's for the hours of operation under their Common Victualler licenses to 7:00 a. m. to 10:00 p.m. on a permanent basis. (formerly 9:00 a.m. to 10:00 p.m.) The Board discussed a request from the Lexington Ski Club for monthly meetings in Estabrook Hall during the months of September through May, and it was agreed to deny the request because of regular.meetings and hearings by Town boards and committees. Selectmen's Meeting April 7, 1975 Upon motion duly made and seconded, it was voted to rescind the vote of February 10, 1975, to abate the ambulance bill of Mrs. Nancy Boyd, 16 Red Coat Lane, in the amount of $12.00, because the bill has been paid. Chairman Kenney informed the Board that another letter has been received from Mr. F. Trimhold of Reed Street regarding painted crosswalks and "Blind Person Crossing Sign" at Bedford and Reed Streets. The crosswalkB have been painted and we need more information on the sign. The Traffic Safety Committee has expressed an opinion that it does not favor the installation. Upon motion duly made and seconded, it was voted to table the request from Mr. F. Trimhold regarding the installation of "Blind Person Crossing" sign. Chairman Kenney read an informational memo from Mr. Paul E. Mazerall, Tree Warden, that the Lions Club is sponsoring a Bi- centennial planting project throughout the Town starting in April, 1975. 269 Ambulance Bill Trimhold Bedford/ Reed Sts. Chairman Kenney read a memorandum from Mr. John J. McSweeney, Director of Public Works/Engineering, stating that notification has been received from the U.S. Environmental Protection Agency of the reimbursement grant of $11,000 for W.P.C. 142 Project C250142-01, Town of Lexington, for the 20" and 30" force main from the Noxrth Lexington Pumping Station to Hamilton Road, in conjunction with the Town of Bedford and the U.S. Air Force. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meetings held on August 26, September 30, 1974, and March 17, 1975. Chairman Kenney read a request from Beth Carota and Kathy Lynn for permission to clean the Minute Man statue. Beth and Kathy were present at the meeting and were welcomed by the Board. Chairman Kenney read a report: from Mr. E. Coscia, DPW Plann- ing and Administration, recommending that the Junior High School students be granted permission for the project, under his super- vision. The Board members thanked Beth and Kathy for undertaking this worthwhile project and voted to grant permission subject to the supervision of parents and a representative of the Town. Bicentennial Plantings Reimbursement No. Lexington Sewer - Air Force Minutes Minute Man Cleaning Project 270 Auctioneer License Appointments Comptroller Personnel Advisory Board Banks Ave. Easements Reproduction of Town Seal Bike-a-thon Permit Bike-a-thon Permit Permit Selectmen's Meeting April 7, 1975 Upon motion duly made and seconded, it was voted to sign the Autioneer's license to Mr. William A. Sennott, 10 Douglas Road, expiring March 31, 1976. (Renewal) The Board discussed re -appointments to be made. Upon motion duly made and seconded, it was voted to re -appoint Mr. Richard M. Perry as Comptroller for the Town of Lexington for a term of office expiring March 31, 1978. Upon motion duly made and seconded, it was voted to re -appoint Mr. William McGonagle a member of the Personnel Advisory Board for a term of office expiring March 31, 1978. Chairman Kenney read a request from the Director of Public Works/ Engineering to vote an intent to take easements on Banks Avenue. Upon motion duly made and seconded, it was voted the intent to take sewer and drain easements on Banks Avenue. Chairman Kenney read a letter from Mr. Donald Sturtz, President of Country Manor, Burlington, requesting permission to reproduce the Lexington Town seal on pewter plates. The Board agreed to adhere to the policy of not granting per- mission for the use of the Lexington Town Seal for commercial purposes. The Board discussed the recent request from Molly Pritcher, Inc. and Mistala Rose for a bike-a-thon on Sunday, May 18, 1975, from the Battle Green to the Arlington Town Line via Massachusetts Avenue. Mr. Cyril P. Lanigan was present at the meeting and explained that all proceeds will be donated to the Children's Hospital. Upon motion duly made and seconded, it was voted to grant per- mission to Molly Pritcher, Inc. and Mistala Rose for a bike-a-thon on Sunday, May 18, 1975, with.the understanding that the cyclists ride two abreast and in groups of two and three sections. Chairman Kenney read a request from the Arlington High School Student Council for a bike-a-thon on April 13, 1975. Upon motion duly made and seconded, it was voted to grant per- mission,to the Arlington High School Council for a bike-a-thon on Sunday, April 13, 1975, from Arlington to Lexington Center to Route 2A to Concord, with the understanding that the bicyclists ride two abreast and in groups of two or three sections. Upon motion duly made and seconded, it was voted to grant per- mission tb Boy Scout Troop #193 to march in the street from the Methodist Church parking lot on Massachusetts Avenue to Fiske Hill, on Saturday, April 12, with a cruiser escort. 1 Selectmen's Meeting April 7, 1975 The Board discussed a letter from Matthew Powers stating that the Youth Advisory Commission would like to sponsor a concert at the High School on Monday evening, April 21, 1975, with protection from the Police Department. Chief Corr had "turned them down" and they are asking for the consent of the Selectmen. After discussion, it was agreed that Mr. Bailey would meet with the Youth Advisory Commission, Bicentennial Committee, and Chief Corr and then back to the Board. Upon motion duly made and seconded, it was voted to adjourn at 7:58 p.m. A true record, Attest: Executive Clerk, Selectmen 27:1_. 272 Permits Bike-a-thon Outlook Club - Permits April 19 - Restaurants Sganga - Sewer & Water SELECTMEN'S MEETING April 14, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, April 14, 1975, at 7:00 p.m. Chairman Kenney, Messrs. Bailey, Busa, Kassler, and Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCUrdy, Executive Clerk. Chairman Kenney read a letter from Mrs. Elizabeth Clarke, requesting the Selectmen to authorize the erection of temporary signs at the Town Office complex and the Visitors' Center to implement the vote on Article 79 - Restricted use of non-organic fertilizer. The Board agreed to discuss the matter after Town Meeting. Chairman Kenney read requests for bike-a-thons on May 17 and May 18. Upon motion duly made and seconded, it was voted to grant per- mission to Muscular Dystrophy Association to conduct a bike-a-thon on May 17, 1975.; also, to grant permission to the Lexington - Arlington Chapter of Hadassah to conduct a bike-a-thon on May 18, 1975. Chairman Kenney read requests from the Outlook Club regard- ing the Bicentennial. Upon motion duly made and seconded, it was voted to grant permission to the Outlook Club to sell Bicentennial quilt post- cards instead of punch =April 19, 1975 on the Buckman Tavern grounds. Also, to sell the postcards during the spring and summer. Upon motion duly made and seconded, it was voted to deny the request of the Outlook Club to display a quilt and sell postcards in Cary Hall on April 19, 1975. The Board discussed requests from restaurants for early morn- ing hours on April 19, 1975. Upon motion duly made and seconded, it was voted to grant per- mission to the Pewter Pot to open at 4:00 a.m. on April 19, and to Friendly's to open at 6:00 a.m. on April 19, 1975. Chairman Kenney read a letter from Mr. Camillo Sganga, 88 Dudley Street, Cambridge, requesting a tie into the main sewer and water lines to service lots 32 and 33 located on the unfinished portion of Cliffe Avenue. 1 1 Selectmen's Meeting April 14, 1975 A report from the Director of Public Works/Engineering re- commended that the proposal be considered for the FY 77 budget. Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works/Engineering con- cerning the Sganga request. Chairman Kenney read a letter of application from Mr. Michael Colangelo, President of Mico Realty, for permission to install sewer and water mains to extend from the existing facilities on Hartwell Avenue and continue on Hartwell Avenue to service Tek- tronix property on Hartwell Avenue and Bedford Street. These utilities will also service the remaining parcel of land between Hewlett Packard and Tektronix. If funds are not available, 115 Kendall Corp. will bear all expenses as required. A report from Mr. McSweeney states that he has discussed the matter with Mr. Colangelo, who has indicated his willingness to bear the costs of this extension. Therefore, Mr. McSweeney sub- mitted a draft of a letter to be forwarded to Mr. Colangelo. Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works/Engineering by sending the following letter to Mr. Colangelo: "As per your request, we are quoting an estimated cost fbr extending sewer and water mains to service your properties, and Tektronix on Hartwell Avnue. We estimate the cost of this proposal at $76,000, as per plan by the Engineering Department. In order that you may fully understand the derivation of the estimate, we would like to point out the various charges that are included in this estimate, as follows: 1. Hinchey Road - 6" Water Main Accepted Portion, $10,900. This provides assurance of continued water service to the four homes presently located at the top of Hinchey Road, and allows for the existing 6" main through the unaccept- ed portion of: Hinchey Road to be abandoned. Upon proof of ownership from you for these four homes, this amount would either be refunded to you or deleted from the surety required to be posted. NOTE: If this item of work is deleted'. and the existing Hinchey Road is abandoned, there will be no water service for these four homes. If these homes are not vacated, some consideration for temporary _____ _._cervices must be given. 2. Hartwell Avenue - 8" Water Main to Tektronix, $24,400; Length=1050 ft. Sewer & Water Ext. Colangelo 115 Kendall 274 Selectmen's Meeting April 14, 1975 3. Tektronix Water Service through Hinchey Road, $19,600. This price includes the excavating and backfilling of the deep cut through Hinchey Road and also the pro- tection of the existing water main. This is located such that the service will fall within the Tektronix driveway. If the necessary arrangements are made such that the existing 6" main can be killed, and Tektronix will provide the excavation for their driveway prior to our placing the service to their lot line, this amount can be reduced to $2,000.00. 4. Hartwell Avenue 8" Sewer including two services. Main is to be of sufficient length to service the two 115 Kendall Corporation lots on Hartwell Avenue. The procedures that will be followed relative.to this project are that you will be required to post a certified check payable to the Town of Lexington, in the amount of the estimate. Upon receipt, the Town will prepare, and advertise for bids, a contract to perform those items of work listed above. Your check will be deposited in a general ledger account from which direct payments to the con- tractor will be made. In the event of either an overrun or under - run of the estimated cost, you will either be billed for or re- funded the difference. We estimate all aspects of the work can be completed in ten to twelve weeks from the time of receipt of your check. If the proposal is acceptable, please deliver your check, payable to the Town of Lexington, in the amount of $76,000.00." Easements Chairman Kenney read a request from Mr. McSweeney to vote to Tewksbury St. take easements. Upon motion duly made and seconded, it was voted an intent to take permanent drain easement in Roger Greeley Village and tempo- rary construction easements along Tewksbury Street. Upon motion duly made and seocfddd, it was voted to meet on Selectmen's Tuesday, April 22, 1975, at 7:30 p.m. to conduct the regular Meeting Selectmen's'Meeting. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of January 13, 1975. Upon motion duly made and seconded, it was voted to grant a Permit parade permit to the Girl Scouts Drum and Bugle Corps to march from St. Brigid's to the Battle Green on Sunday, April 20, 1975, at 2:00 p.m. 1 1 Selectmen's Meeting April 14, 1975 The Board discussed a letter from Dr. Fobert, Superintendent of Schools, requesting that the rock concert sponsored by the Youth Advisory Commission be held at Cary Hall rather than at the High School. Chairman Kenney: The Board voted on April 10 to approve the request to provide adequate police protection for the rock concert at the High School, subject to the approval of the School Committee. The Board agreed to inform Dr. Fobert that the Youth Advisory Commission would emtioue with their plans for the rock concert at the High School on April 21, and to request that the Commission contact the School Department for the use of the High School aud- itorium. Mr. Cohen discussed the Wild Acre Inn request for renewal of the Lodging House license. He had talked with Dr. Yudowita and suggested that he let the Board know whether it is a lodging house or a half -way house. Upon motion duly made and seconded, it was voted to table the matter of the issuance of a Lodging House license to Wild Acre Inn pending further information from the owner; also, upon sub- mission of reports of good standing from the Building Inspector, Health Director, and the Fire Department. Mr. Arthur Maranian, President of Maran Printing Service, Inc. of Arlington and also a resident of Lexington, presented a framed silk screen of the Lexington Minuteman. Mr. Maranian: On behalf of Maran Printing and our employees, I would like to present this drawing of the Minuteman, done by one of the employees, Joseph Keefe. The Minuteman is so important to the Town and, when the new Town Offices opened, I presented to the Town the Minuteman done in copper etching. Now, we want to pre- sent this additional gift in honor of the 200th celebratiaon. Members of the Board thanked Mr. Maranian for this most gener- ous gift, which will be hung in the Selectmen's Office. Mr. Maranian: I would also like to give a second framed silk screen in the hope that it would be presented to President Ford, if he should decide to come to Lexington on Saturday. Chairman Kenney assured Mr. Maranian that it would be his pleasure to present the silk screen of the Minuteman to the Presi- dent if he comes to the celebration on Saturday or Sunday. Mr. Maranian also presented the Board with a replica of the Town seal on a laminated wood backing. The Board members expressed their sincere appreciation to Mr. Maranian. 7ij April 21 Rock Concert Wild Acre Inn Gift of Minuteman Silk Screen Maranian Pln. Dir. Map Gift Selectmen's Meeting April 14, 1975 Mr. Kenneth Briggs, Planning Director, presented each member of the Board with a map of Lexington outlining and naming the pirchls of land in the Town in the early 1800's. The Board thanked Mr. Briggs for his gift of the Lexington map. Executive Upon motion duly made and seconded, it was voted to go into Session Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of a person. After discussion of a matter concerning litigation, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 7:45 p.m. A true record, Attest: Executive Clerk, Selectmen(/' 1 SELECTMEN'S MEETING April 22, 1975 A regular meeting of the Board of Selectmen was held in' the Selectmen's Meeting Room, Town Office Building, on Tuesday, April 22, 1975, at 7:30 p.m. Chariman Kenney, Messrs, Bailey, Buse and Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Executive Clerk, were present. At the request of the Town Clerk, the following jurors were drawn: John E. Straujups Eileen C. Yaceshyn Mary Faith Wilson Lawrence J. Freier Kevin E. Thompson Robert A. Butler Douglas F. Moore 35 Winchester Drive 168 Grant Street 16 Oakland Street 12 Demar Road 510 Waltham Street 22 Rangeway 38 Parker Street Mr. O'Connell discussed PresidaTt. Ford's visit to Lexington on Saturday, April 19, 1975, at 11:00 a,m. He informed the Board that Mr. Homer Luther of the White House Staff came back immediately after the ceremony, and again today, to express the President's gratitude for such a pleasant and memorable visit to Lekington and for the warm reception accorded him by all. The Board agreed that the Bicentennial celebration was most suc- cessful and enjoyable. Mr. O'Connell: It has been suggested that we recognize the Town officials and employees and others involved with the Bicentennial celebration. We are in the process of drawing up a proclamation to be given to all on Appreciation Day, April 28, 1975. Chairman Kenney read a letter from Mrs. Victoria Badoian, 1 Bush- nell Drive, requesting the elimination of the bus stop at the corner of Worthen Road and Bushnell Drive, as there is another MBTA bus stop 30 to 40 feet away on the corner of Worthen Road and Waltham Street. Mrs. Bodoian claims that the fence in front of her home on Worthen Road has been repaired three times as a result of damages caused by sitting on the fence.while waiting for the bus. A letter from the MBTA Acting Director of Transportation was read, requesting permission to eliminate this bus stop. Upon motion duly made and seconded, it was voted to refer the matter to the Traffic Safety Committee for a recommendation. 4,f7 Jurors President Ford's Visit Bicentennial Bus Stop Worthen/ Bushnell Ricci Water Bill M.V.M.H. Area Board Selectmen's Meeting April 22, 1975 Chairman Kenney read a report from the Director of Public Works/ Engineering in.reply to a request from Ricci Bros, Inc., 609 Waltham Street, for an adjustment of their water bill of $701.00. The report states that in reviewing the request, no evidence was found indicating that the Town is liable for their overrun in water consumption. The Town only assumed the responsibility for the water service conhection from the water main to/ and includ- ing the water meter. A letter had .been written to Ricci Bros, Inc. on March 7, 1973 stating that it is not unusual for the consumer to have a hidden leak beyond the meter reading, so that it is in- cumbent upon them to check for these leaks on a more frequent basis, rather than use the reading of the water meter to bring this to their attention. It was further pointed out in the letter that unless further information could be submitted to support the re- quest, no adjustment could be approved. Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works/Engineering that no adjustment be made in the Ricci Bros, Inc. water bill. Mr. Ricci is to be informed by letter that it is the decision of the Board that the sum of $701.00 is due and payable to the Town. Chairman Kenney read a request from the Mystic Valley Mental Health and Retardation Area Board for t}ijnames of possible candi- dates for nomination to the Area Board. Mrs. Battin agreed to contact several persons who might be willing to serve. When resumes are received, the Board will discuss and forward nominees to the Area Board. Certificate Upon motion duly made and seconded, it was voted to certify of the character of the following who have applied for Certificate of Incorporation Incorporation: Abatement Water Bills Theodore Richard Schatzki 97 Baskin Road "Eastern Collegiate Ski Association, Inc." Joseph Cochin, M.D. 56 Robbins Road Anna G. Jackson 62 Bow Street Frank H. Totman, Jr. 46 Moreland Avenue "Tri Community Health Services, Inc." Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering to abate the following water bills: Salvator Casella Navy Raytheon Mfg. Co. Moore Homes, Inc. 104 Bedford Street 78 Westview Street 1505 Mass. Ave. $37.35 40.50 3.90 Selectmen's Meeting April 22, 1975 Chairman Keeney read requests from Arts & Crafts for Buckman Tavern grounds. Upon motion duly made and seconded, it was voted to grant per- mission to the Painters Guild of the Lexington Arts & Crafts Society for the use of the Buckman Tavern grounds on Saturday, May 31, 1975 (rain date June 7); Saturday, October 4, 1975 (rain date October 11). Chairman Kenney read a letter from the Historic Districts Commission stating that the Commission is not opposed to the idea of the project of a permanent memorial on the Common for Lexington's bicentennial commemoration, but it is concerned about the possibility that irreparable damage to archeological details might result if the project is rushed through without adequate planning and funding. The Board agreed to reply to the Historic Districts Commission that the permanent memorial subcommittee will be requested to fur- nish the Commission with more details regarding the'project. Also, before final approval is granted by the Selectmen, the plans are to be reviewed by Mr. McSweeney, Director of Public Works/ Eng- ineering. Chairman Kenney read a request for a walk-a-thon on Sunday, May 4. Upon motion duly made and seconded, it was voted to grant per- mission to Amigoa de las Arnicas to conduct a walk-a-thon in Lex- ington on Sunday, May 4, 1975, subject to approval of the route by Chief Corr. 279 Buckman Tavern Grounds - Permits Bicentennial Permanent Memorial Permit Upon motion duly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing, deliberating or Session voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town, or the reputation of a person. After discussion of personnel matters, it was voted to go out of Executive Sessoon. Upon motion duly made and seconded, it was voted to adjourn at 8:15 p.m. A true record, Attest: ,. c �� E ecutive Clerk, Selectmeg 280 Bicentennial Weymouth Militia Lex. Bicen. Procl. Appreci- ation Day SELECTMEN'S MEETING April 28, 1975 A regular meering of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, April 28, 1975, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa, and Kessler, Mrs. Battin; Mr. O'Connell, Town Manager, Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineer- ing; Mrs. McCurdy, Executive Clerk, were present. Mr. William Durgin of the Weymouth Board of Selectmen and Col. Raymond Jennings of the Weymouth Militia met with the Board. Col. Jennings: When the Militia came back to Weymouth from the Lexington celebration on the 19th of April, they were very happy with the courtesies shown the men, and we felt we owed the Town of Lexington our thanks for your generous hospitality. The Selectmen agreed with us and Mr. Durgin will make a presentation. Mr. Durgin presented a proclamation and a Weymouth Town Seal plaque. Part of the proclamation declared that "...Whereas the people of the Town of Lexington honored the people of the Town of Weymouth by inviting the militia of the Town of Weymouth to participate in the events of the initial celebration; There- fore, the people of the Town of Weymouth wish to extend to the people of the Town of Lexington their warmest gratitude for the honor bestowed upon the people of the Town and the warm hospital- ity shown the Town's Militia." Chairman Kenney expressed the appreciation of the Board. Chairman Kenney welcomed the participants in the planning and implementation of the Bicentennial celebration. He read a pro- clamation, embossed with the seal of the Town of Lexington and a sketch of the Lexington Minuteman, and inscribed with the names of individuals: PROCLAMATION WHEREAS, Patriots' Day, April 19, 1975 marked the beginning of our Bicentennial Celebration; and WHEREAS, On this day the Town of Lexington had the great honor of a visit from the President of the United States; and WHEREAS, Our employees, working with the Town Manager, organized and implemented the plans for this visit; and WHEREAS, The Police and Fire Department worked diligently to main- tain order, protect those assembled, provide first aid and rendered emergency services; and 1 Selectmen's Meeting April 28, 1975 WHEREAS, The Department of Public Works and Engineering con- structed the facilities needed and kept the Town clean and beautiful; and WHEREAS, The Bicentennial Committee created an exciting informative and enjoyable progam, assisted by the Town Celebrations Committee and Historical Society; and WHEREAS, Many citizens gave of their time and several were generous donors of gifts to the President or the Town; WHEREAS, The citizens who participated constituted a cooperative, warm and friendly welcoming committee, numbering tens of thousands; NOW, Therefore, I Alien F. Kenney, Chairman of the Lexington Board of Selectment do hereby proclaim Appreciation Day, April 28, 1975 Given at the Selectmen's Meeting Room, this twenty-eighth day of April, in the year of our Lord, one thousand nine hundred and seventy- five. Allan F. Kenney, Chairman Fred C. Bailey Alfred S. Busa Margery M. Battin Howard M. Kessler Chairman Kenney: Mr. O'Connell, Town Manager, has worked so hard and so diligently in coordinating the celebration and, with only three days notice of the President's visit, I don't think there is another person who could have responded so beautifully. On behalf of the Board of Selectmen and the Town of Lexington, I wish to express our deepest appreciation to him. Mr. O'Connell: It could only be done in a Town like Lex- ington. Chairman Kenney: To the men in blue - there was not one complaint during the entire weekend. Chief James F. Corr: We received many favorable comments from White House Security and they asked me to thank all the men for an excellent job. Chairman Kenney: Our sincere thanks and appreciation to John McSweeney, Director of Public Works/Engineering. Mr. McSweeney: I would like to publicly thank all the Town employees for an outstanding job, and my thanks to all those who cooperated with us during the entire weekend. 2 SI 282 Selectmen's Meeting April 28, 1975 Chairman Kenney: The most consistent compliment from Towns - pople and visitors was the general condition of the Town after the parade - it was cleaned up beautifully. Chairman Kenney to Lincoln P. Cole, Jr.: You have served the Town in many capacities - as Chairman of the Board of Select- men, State Representative,, Town Moderator, and as Chairman of the Bicentennial Committee. We thank you and the members of the Bicentennial Committee for memorable achievement. Mr. Cole: I commend you on your approach to this Appreci- ation Day. It was always our hope that the people of Lexington would say, "We did it::" The Town has the best program for a two year period, thanks to Miriam Butts, Cultural and Arts events program director. Chairman Kenney to Robert I. Tarlin, Bicentennial Director: Your job grew and grew, and with your military and Air Force train- ing, it was very well executed. Many thanks. Mr. Richard Michelson, Tricorne Hat recipient; Reverend Harold T. Handley, Director of Guidesrand a member of the Lexington Minute- men; Mr. Stephen Politi, Vice Chairman of the Bicentennial Committee, were individually thanked for their contributions to the most success- ful celebration weekend. Mr. Raymond B. Barnes, Chairman of the Town Celebration Commit- tee, Mrs. Eleanor B. Litdhfield, Mr. Leo Gaughan Mr. William P. Brenchick, Jr. Mr. William P. Fitgerald, Edward Turner, Raymond J. Flynn, Mrs. Rith M. Mitchell, Mrs. Hildagrade V. McGonagle, members of the Committee, were individually thanked by the Board for the many hours of preparation for the most colorful and memorable parades on April 19, 1975. Captain Robert J. Marrigan of the Lexington Minuteman, Inc. was congratulated for the participation of his group during the entire weekend. Chairman Kenney: Mr. Anthony R. Cataldo, Chairman of the Bicentennial Advisory Committee, presented a musket t6 President Ford, on behalf of the Lexington Minutemen. Additionally, we had planted a sugar maple tree, President Ford's choice, on the Green. these were gifts from Mr. Anthony Cataldo and are very much appreciat- ed. A plaque, signed by the President, inscribed with "Pride in Our Past, Faith in Our Future" and the tree planted on April 19, 1975, will hang in the Minuteman Museum; a brass replica will be installed at the base of the tree on the Green. Chairman Kenney: Mr. Robert Cataldo, Mr. Lawrence Whipple, and Mr. Philip Parsons have made a valuable contribution to the Bicentennial. Mr. Cataldo felt it would be appropriate to have a picture of President Ford hang in the Cary Library and he work- ed with Mr. Parsons, who did the portrait, and Mr. Whipple, who framed it. This was accomplished at no cost to the Town, We are deeply indebted to them. 1 1 283 Selectmen's Meeting April 28, 1975 Mr. Arthur Maranian, owner of Maran Printing Services, has donated a silk screen plaque of the Lexington Minuteman, which was presented to President Ford on April 19, 1975. Mr. Maranian's staff has prepared all of the proclamations given this evening and we appreciate the "round the clock" hours of labor involved. Acting Fire Chief Edward Silva was praised for the outstand- ing performance of the Fire Department during the entire celebra- tion. Also, Mr. Kenneth Briggs, Planning Director, and Mr. George Smith, Directory of Public Health, were also recognized for their contributions. Chairman Kenney, on behalf of the Board, thanked Miss Phyllis A. Smith, Administrative Assistant to the Town Manager, and Mrs. Eleanor McCurdy, Executive Clerk, for the assistance given by the Town Manager's office and the Selectmen's Office during the prep- aration and implementations of Bicentennial plans. Mr. Robert Cataldo to Chairman Kenney: We are all very proud of the Town and, in particular, we should stress that you set the tone for the day. We cannot adequately express our gratitude to you and the members of the Board of Selectmen. We all thank you. Chairman Kenney: Everyone worked hard on our Bicentennial celebration and we are extremely happy that the weekend events went so beautifully. Members of the Board join with me in congratulations to each and every one involved. In particular, we are grateful to Mr. Emanuele Coscia, DPW Manager, who was struck by a car while he was making- last-minute check-up on the public address system at the Green. We are all deeply concerned and sincerely hope that he will recover from his injuries very soon. Mr. Coscia was present and accepted the proclamation. All Bicentennial celebration participants retired from the meeting. At the request of the Town Clerk, the following jurors were Jurors drawn: William H. Hamilton 560 Concord Avenue Peter J. Coccoluto, Jr. 15 Nickerson Road Mr. O'Connell recommended that the Board grant permission to the Lexington High School senior class and the Lexington Summer Co-op for the use of the Visitors' Center grounds. Upon motion duly made and seconded, it was voted to grant per- mission to the Lexington High School senior class and the Lexington Summer Co-op to use the Visitors' Center grounds on Saturday, May 4, 10:00 a.m. to 5:00 p.m. and Sunday, May 5, 1:00 pm. to 5:00 p.m. for a fund raising project of Bicentennial photographs. Permit 284.. Appointments Bond - Asst. Treas. Selectmen's Meeting April 28, 1975 Mr. O'Connell suggested that nominees be submitted to him for consideration of appointment to the two new committees created by Town Meeting vote under Articles 74 and 75, the Historical Commission and the Council on Aging. Dr. Kassler: Regarding appointments, I think we should ex- plore the possibility of thinking about a committee to make re- commendations, both to the Board and tom Town Manager - a general screening and resource committee. It seems to me that, on many occasions, we don't seek out people who might be willing to serve, and we have to look to people we know, There is no effort on the part of any one group in Town to seek out and ask people if they would serve. I would like the Board to think about that concept. Chairman Kenney: You will recall that we did solicit nominees through the newspaper and we did get some response. Beyond that, the number of encumbents is very high. Unless you wish to make some changes .... Dr. Kassler: I don't view this as something that would make radical changes over a period of time. I know there are people in Town who would serve for a short term or a longer term. Rather than put it in the paper, we should gather a resource pool of people who are talented, and to explore the possibility of really cataloging people who would serve. Mrs. Battin: I subscribe to that and, also, to maintaining a file. Chairman Kenney: This is something we will have to think about. We will take it under advisement. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the approval of the bond of $36,500 for Mrs. Doris E. Barclay, Assistant Treasurer. The Board agreed to sign the contract awarded to Barnes ! Barnes Eng. Engineering Company, Auburndale. Concord Ave. Upon motion duly made and seconded, it was voted to sign the Moon Hill contract with Barnes Engineering Company, approved as to form by Trunk Town Counsel, for engineering services for field surveys of the Sewers Concord Avenue and Moon Hill Road trunk sewers, in an amount not to exceed $4,260.00 Authority for these surveys is contained in Article 29 of the 1970 and 1971 Annual Town Meetings. Upon motion duly made and seconded, it was voted to accept Ambulance the recommendation of the Tax Collector to rescind the vote of Bill February 10, 1975 abating the ambulance bill to Mr. Leo Levesque, Nashua, N.H. in the amount of $10.00; bill has been paid. Selectmen's Meeting April 28, 1975 Chairman Kenney read a request from Maiden Mayor Kelliher to join with them and with Cambridge in civil action regarding the system of financing public elementary and secondary education in Massachusetts. Upon motion duly made and seconded, it was voted that no action be taken on the request of Mayor Kelliher. Upon motion duly made and seconded, it was voted toc-certify the character of the following who have applied for Certificate of Incorporation: Murray T. Potter Howard L. Potter William L. Potter 19 Walnut Street 56 Grassland Street 21 Fair Oaks Terrace "Powder Horn Golf Club in Inc." Chairman Kenney read a recommendation from Mr. McSweeney, Director of Public Works/Engineering, that the street betterment assessed to Mr. & Mrs. John Heitman on Lot 112 Philip Road be abated. The report states that in reviewing the question of whether that portion of Philip Road was built under subdivision control by Partridge Assocates as a Minute Man Highland sub- division, it has been found that the street and sidewalk, in- cluding utilities, were constructed by the subdivider at no cost to the Town. While Lot 112 Philip Road was not part of the sub- division, this was just a matter of convenience for both the sub- divider and the Town of Lexington as part of a second access for the development and the subsequent Bowman School facility. We recommend the abatement, with a clear understanding that Lot 112 will be subject to betterments if, and when, Rockville Avenue should ever be constructed. Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering to abate the street betterment assessement on Lot 112 Philip Road, owned by Mr. John H. and Mrs. Constance Heitman, 34 Rockville Avenue, in the amount of $940.00, subject to the understanding that betterments will be assessed if Rockville Avenue is ever constructed. Chairman Kenney informed the Board that resumes have been received from interested citizens in response to the request for nominees for an appointment to the Mystic Valley Mental Health and Retardation Board. Upon motion duly made and seconded, it was voted to submit the following nominees (alphabetically listed) to the Mystic Valley Mental Health and Retardation Area Board for consideration of the appointment of one as a member of the Area Board: 285 Incorporation Heitman Abatement - Street Betterments Philip Rd. M.V.M.H. & Retardation Area Board 286 Arts & Crafts Field & Garden Bond 1 Drummer Boy - Bedford/ Winter St. Selectmen's. Meeting April 28, 1975 Mrs. Renee T. Cochin 7 Partridge Rd. Mrs. Marjorie Middleton 4 Hudson Rd. Mrs. Shirley H. Stolz 2139 Massachusetts Ave. Mrs. Jacqueline H. Ward 15 Robinson Rd. Mrs. Doris G. Works 15 Winthrop Rd. The Board discussed, and had no objection to, a request from the Woodworkers Guild holding a woodcraft sale on the grounds of the Arts and Crafts Society on Saturday, May 17, 1975, at 10:00 a.m. The Board had no objection to the Ceramic Guild of the Arts and Crafts Society conducting a pottery sale on their grounds on Thursday, May 10, 1975, between 10:00 a.m. and 5:00 p.m. Upon motion duly made and seconded, it was voted to grant permission to the Lexington Field and Garden Club for a box lunch- eon on the Buckman Tavern grounds on Wednesday, May 28, 1975; also, to sell house plants on the Buckman Tavern grounds on Wed- nesday, June 4, 1975, from 10:00 a.m. to 12:00 Noon. Upon motion duly made and seconded, it was voted to approve the bond for Constable John J. Shine, Jr. in the amount of $3,000. The Board discussed the letter from Mr. C. F. Mistretta, State District Highway Engineer, regarding a permit for a one-way access from the Hartwell Avenue jughandle to the proposed Drummer Boy Green complex. A report was read from the traffic Safety Committee stating that Mr. Mistretta's letter indicates that data collected under present day conditions indicates a need for traffic signals at Bedford and Winter streets, and requests that the Town submit an application for a traffic signal permit; in addition, he requests that the Town enter into an agreement with the State to assume the operating costs of the signals. The Committee noted that this location has been studied several times in the past few years by various traffic -oriented consultant firms and none has recommend- ed a traffic signal installation. Bearing this in mind, the Com- mittee recommends that before making a decision of such magnitude concerning as sensitive an area as Bedford Street, the Board assure itself of the need of traffic signals at Bedford Street and Winter Street. To date, the Committee is not aware of any particular problem at this location and is not fully convinced that a traffic signal is or will be necessary. Chairman Kenney: We have also had a letter from M. Jane Trudeau, 7 Volunteer Way, saying that the North Lexington Associa- tion hopes the Board will act favorably regarding signalization. Mr. Bailey: When Town Meeting voted approval of the dev- elopment, I thought it included traffic control. I agree with Ms. Trudeau. 287 Selectmen's Meeting April 28, 1975 Mrs. Battin: I concur. Chairman Kenney: The Traffic Safety Committee is not saying the signal shouldn't be there but that there will be changes on Bedford Street. The developer, Spaulding and Slye assured the State that they are willing to pay for the light and to put the funds in escrow. The Board agreed to reply to Mr. Mistretta and Ms. Trudeau that it is in favor of.a. permit being issued by the State to the developer for a one-way access curb cut from the Hartwell Avenue jughandle to the proposed Drummer Boy Green complex. However, the Board wishes to defer approval of a traffic signal installa- tion at Bedford Street and Winter Street at this time, but to recommend that an agreement with the developer be obtained to insure the installation of a traffic signal if it clearly be- comes a necessity once the Drummer Boy complex is underway. It is the understanding of the Board that the developer would agree to this, even to the point of putting the necessary funds in escrow. Chairman Kenney read a request from Mr. Norman T. May re- Muzzey St. questing the installation of an 8" or 9" granite retaining wall Reconstruction in front of 24 Muzzey Street as part of the street reconstruction work. Mr. McSweeney was instructed to contact Mr. May to discuss his request and reach a solution to the problem. Upon motion duly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing, deliberating Session or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town, or the reputation of a person. After discussion of matters concerning personnel and the financial interests of the Town, it was voted to go out of Ex- ecutive Session. Upon motion duly made and seconded, it was voted to adjourn at 9:40 p.m. A true record, Attest: . )hc Executive Clerk, Selectm 288 New Fire Chief Party - 117 Adams St. SELECTMEN'S MEETING May 5, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, May 5, 1975, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa and Kassler, Mrs. Battin; Mr. O'Connell, Town Manager;:Mr. Cohen, Town Counsel; Mr. Martin, Ass. Town Engineer; Mrs. McCudry Ex- ecutive Clerk, were present. Mr. O'Connell introduced' the new Fire Chief, Joseph G. Marshall, to the Board. On behalf of the Board members, Chairman Kenney congratulated Chief Marshall and wished him success in his new position. Mr. O'Connell and the Board discussed a party held at 117 Adams Street on Friday evening, May 2, 1975. Mr. O'Connell: There was an unfortunate disturbance at 117 Adams Street which resulted in considerable difficulty and assult on Police officers. We do meth have all the reports and information we desire but we did receive reports from Sergeant Hickey, who responded to the call to the Lexington Police Station at 10:17 p.m., and from Officer D'Auria of the Bedford Police Department, who came with a police dog in response to an appeal for assistance shortly after 11:00 p.m. There was only one dog involved, and that one was from Bedford, as the other dog from Burlington was not used. The following is a summary report of the Town Manager: "Lexington Police Department received a call at 10:17 p.m. on Friday, from neighbors regarding a loud and disorderly party at 117 Adams St. Sgt. Hickey responded and found the following situation: Adams St. was partially blocked by vehicles parked on both sides of the street, obstructing traffic, an estimated 150 to 200 persons were gathered at or near117 Adams St. A noisy, disorderly party was in progress. The occupants were Terry Brenner, age 19, and three younger brothers, ages 10, 13, and 17. We understand the parents were in Europe. The crowd was inside the house, out- side on the lawn and in the street. Sgt. Hickey advised the person in charge, Terry Brenner, of the complaint. He, Brenner, admitted that the party had gotten out of hand and agreed he would try to break it up and get the people out of the house. He was given until 11:00 p.m. to correct the situation. At 11:00, Sgt. Hickey returned and found the situation still out of control and growing worse. At this point, 4 Lexington cruisers responded to Sgt. Hichey's request for assistance. Sgt. Hickey and Officer Smith entered the house, and again advised Brenner to order the group to leave. Brenner requested police assistance to get those in the house to leave. Sgt. Hickey directed those in the house, who did not belong there, to leave. A few did cooperate, but the re- sponse from the remainder was verbal abuse, obscenities, and a refusal to leave. 289 Selectmen's Meeting May 5, 1975 Sgt. Hickey and Officer Smith then left the house for their personal safety and requested additional police assistance. While waiting, Sgt. Hickey advised Brenner of his responsibility for the situation that existed. At this point, a younger Brenner boy ap- pealed to Sgt. Hickey to get the people out of the house. When additional police arrived, a small group estimated at 15, including the younger Brenner boy, cooperated and left the house. Sgt. Hickey, with Officers Smith and Brooks, entered the house and advised those present that they were an unlawful assembly and ordered them to leave at once. I would like to add parenthetically that it was now more than an hour since Sgt. Hickey had asked for cooperation. He had, by this time, repeatedly requested those who did not belong in that house or on that property to leave. Except for a few, the group had repeatedly refused to comply with an appeal to reason, and finally a lawful order to disperse. The police, having no alternative, now proceeded to remove individuals bodily. One person was removed successfully, but upon returning inside the house, the Lexington police officers were assulted and knocked to the floor. Uniforms were torn and injuries were sustained. Officer D'Auria used his dog which he held by the collar at all times to go to the assistance of Lexington officers who were on the ground and being severely assaulted. This is when the dog bites occurred. Additional assistance from Burlington included one dog, which was not used. Assistance was also provided by Arlington (4 officers) and the State Police (4 men). Reports obtained from Symmes Hospital early Saturday morning show a total of 10 participants were treated, 7 for dog bites on the leg, 1 for bites on the leg, forearm and left side of the head, and 2 for other injuries. All were released after treatment. The report that one youth had received a fractured skull is incorrect. Mr. ,k,ichard Mitchell, who reported dog bites on the leg, forearm and side of the head, requested examination because of a fractured skull received in an accident in 1974. Three arrests were made at the scene and more are expected. I would also like to correct the false impression that this group con- sisted only of high school age youths. Several of those identified as participants in the assult on Lexington police officers are in their mid -twenties. Mr. O'Connell: Speaking for myself and Chief Corr, we regret injuries to anyone (no matter'the circumstances). In this case, they were the consequence of persons refusing repeatedly to obey the lawful order of police officers. Persons involved here re- ceived every opportunity to peaceably comply with the law. Every alternative was used by police except to not enforce the law when assistance was requested. I wish to commend those youths who at- atempted to get others to cooperate and who conducted themselves responsibly. 290. Selectmen's Meeting May 5, 1975 It is sad but true that today a teenage party intended for a few friends will frequently grow to uncontrollable size and in- clude young adult crashers with histories of disorderly conduct. Parents who go away leaving the responsibility of the home solely in the hands of teenage children are risking serious trouble. Police assistance should be requested early to prevent a peaceful party from being disrupted by an unvited crowd. Chairman Kenney: I would concur to the extent that this is an unfortunate indicent and no one feels more strongly about this type of thing than members of the police force. Sgt. Hickey has a reputation of being an excellent police officer and I believe he acted in a manner befitting a professional police officer. Mrs. Battin: I have a report of a meeting of the Selectmen's Drug Advisory Committee. I convened a special meeting of the Selectmen's Drug Advisory Committee on Sunday afternoon, May 4th. All members were present: Dr. Charles Ellicott, Dr. Jack Monderer, Irving Mabee and Sumner Perlman. As you know, our name is now a misnomer --in recent years, the Committee has advised the Selectmen on Youth Problems generally, not just those that are drug-related. Troubled young people are our concern; we administer the Select- men's youth budget. The most recent indident on Friday night testifies to the presence of a problem whose dimensions need thorough identification and examination. We are alarmed by the increasing polarization of an incensed citizenry; we feel that an opportunity should be provid- ed for every involved or concerned person to be heard. Therefore, we unanimously recommend to the Selectmen the es- tablishment of a small fact-finding study committee, the members of which are divorced from the immediate situation and its passions -- persons who have no administrative responsibility of family in- volvement. The committee would look carefully into this incident and then make a report and appropriate recommendations to the Selectmen. We suggest that the committee gather the data in private so•that everyone has an opportunity to ventilate. We recommend a committee composed of three members noted for their judgement, objectivity, fairness and wisdom, and suggest former Selectman Irving Mabee of our Committee and former Town Moderator, Robert Kent, both of whom are willing to serve." Mr. Busa: Is there someone here with a tape recorder and taping the meeting? Mr. Charles Winchester, 57 Hancock Street: Yes, I am repre- senting myself. As a member of the Town, I have a personal in- terest and a knowledge of problems that existed. I was in Maine yesterday and was with two officers of the Concord District Court and they told me about it but left out the names. I am interested as a taxpayer. Mr. Busa: I know he is a probation officer. 1 1 291 Selectmen's Meeting May 5, 1975 Mr. Winchester: No, I am here as a resident of the Town. Mr. O'Connell: I would comment on the proposed study group. I have no feeling one way or another. If people wish to talk, I think the first obligation is to bring it to the officials of the Town; if they then feel there is need for further review, then the steps should follow. I fear that the responsibilities of Town officials involved are suddenly circumvented. No one has approach- ed the Town Manager and I invite them to do so, and if they feel it is not properly handled, to come forward. I am not prejudiced either way but we should do our job with the available information. Mr. Busa: I feel at this time we don't need a citizens' group, and I don't know why the emergency Drug Committee meeting was held. As an elected official, I was elected to handle it. We are re- sponsible to the citizens and I feel I have the capability of looking into it. I feel that I am as impartic.: as anyone can be. I have children. I don't personally feel I would support a cit- izens' group. If people have problems or information, as Mr. O'Connell said, it should be brought to the Selectmen and we will confer with the Town Manager and the Police Department and cit- izens collectively. Chairman Kenney to Mr. O'Connell: Have people been calling you? Mr. O'Connell: No. I have had numerous contacts with the press and radio media but no one else. Dr. Kassler: From the amount of calls I have received, this situation has great potential for greater polarization and I would not like to see this happen. I think it important for people who want to be heard - and a lot more might be evident tonight - and be heard by some group, be it the Selectmen or some group. I would like some time set aside to hear people that want to say something, one at a time, or people who want to give information in writing. I think we have to assume, as Selectmen, that the report we have was valid but there are many conflicting reports. I don't really have strong feelings; at this time but I agree with Mr. Busa, but I wonder if we have the time. It is important for someone to listen. Mr. Bailey: I was not in Town and have not seen yesterday's paper. I received a telephone call last night. My approach is for people to reduce their concerns to writing us, knowing we would have the report from the police and the Town Manager and knowing we will also have other written reports and, on that basis, we make judg- ment, as suggested tonight. We should make a judgment for a group to look into it further. Just having things from one side, I am hampered. Sure, there is heat, and emotions. I wonder if people who are excited at this would be as excited if they had reports in their possessionFrom what I heard last night, there are several concerns that are controversial, and until there are explicit statements 292 Transfers 5450 - Road Machinery Selectmen's Meeting May 5, 1975 Chairman Kenney: I agree with Mr. Bailey if in the context with which Mrs. Battin is asking for review then you said the Selectmenhaw the authority to review in private. If we ask people to meet with us prdvately and give names and what they want to talk about, then we can sit down with closed doors and then we say to the Manager that these are the specifics. Dr. Kessler: Fine, if there are specific people who want to testify. If Mr. Bailey is correct and there are only few problems, and if there are only few, and until we find out how many people want to be heard.... ' ; Mr. Bailey: I would like people to have access to these re- ports. Mrs. Battin: Fine, I would have everybody be able to see them. Chairman Kenney: We would have copies of these available to anyone who wants to see them. Mrs. Anne Scigliano, Minute -man: We Dr. Kessler: If a reasonable number men can hear them. Mr. Buse: The Selectmen are elected find the time. Mr. Bailey: There may be other good reasons. I don't think there should be ajudgment on us. Chairman Kenney: Then it is agreed that this is the procedure we will follow. The Selectmen agreed. will print them verbatim. of people, the Select - officials and we should Mr. O'Connell discussed requests for transfers from the Reserve Fund. To date,the total granted is $15,240 and we are forecasting total requests of $100,716; we will be returning $13,000 to E & D, so the net is $87,716, of which $60,576 is being requested tonight. Account 5450 -Road Machinery: The Board had reviewed a list of major repairs and breakdowns and the Appropriation Committee approved an advance of $5,000 on our request for $24,000. I am now requesting $23,776 in addition to the $5,000 granted. Last November, the Board will recall there was a problem of whether or not to request $52,000 to purchase a new bulldozer but it was decided to go ahead with a major overhauling at $15,000 and delete the capital item of $52,000. We have suffered a major problem with the BOMAC compactor and, after reviewing with the manufacturer, it will be $2,366. Because of inflation, $6,000 of the $23,776 is for gasoline. Selectmen's Meeting May 5, 1975 Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approve the transfer from the Reserve Fund to Account 5450 -Road Machinery inlhe amount of $23,776. Account 5600 -Street Lights: We are requesting $29,000 in addition to $135,000 budget ,to carry us throught for the year. There is a balance now of $12,181.65; outstanding bills -$13,279.68 and estimated bills to June 28-$27,000; total -$40,279.68. The estimated deficit to June 28, 1975 - $28,098.03. There has been no major increase in the number of street lights; this is the increased cost due to the increase in rates and fuel adjustment. Chairman Kenney: Part of it is that Boston Edison caught up with billing us. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approve the transfer from the Reserve Fund to Account 5600 -Street Lights in the amount of $29,000. Account 5700 -Sewer Maintenance: We are requesting $3,500 due to unanticipated increased cost of electricity and general main- tenance and repair of pumping stations. We had budgeted a very tight figure in this account. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approve the transfer from the Reserve Fund to Account 5700 -Sewer Maintenance in the amount of $3,500. 5600 - Street Lights 5700 - Sewer Mtce. Account 5550 -Traffic Regulations and Signs: We are request- ing $1,500. Our main problem is vandalism of signs and one-third of the amount is the cost of power per month. The traffic signal at Adams Street was knocked down by an unknown car and the damages were $1,000. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approve the transfer from the Reserve Fund to Account 550 -Traffic Regulations and Signs in the amount of $1,500. Account 4200 -Ambulance: We are requesting $300. The balance in the account iB $21.79; $100 was appropriated in FY 1975; repair bills for fixing the front end, leak in the transmission and power steering amount to $437.95. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approve the transfer from the Reserve Fund to Account 4200 -Ambulance in the amount of $300. Mr. O'Connell: We may have to ask for $2,500 for the Fire Department because of light and fuel expense but we might be able to offset that. There will be a minor cost growing out of the re- placement of the chief and the Acting Deputies. There were three major injuries and an abnormal number of grass fires. 293 5550 - Taaffic Regulations 4200 - Ambulance 294 7550 - Library 550 -Library Books 7500 - Library Personal Services Selectmen's Meeting May 5, 1975 Account 7550 -Library Books: We are requesting $500 for book purchases this year. $500 was taken from the book budget (Trustee's Account) for a matching grant received from the State's Council on the Arts and Humanities toward the restoration of the Lexington Room Portraits. The $500 wasrgtrelAnsiZby the Town in 1975 from the State since, by law, they cannot reimburse the Trustees' Account. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approve the transfer from the Reserve Fund to Account 7550 -Library Books in the amount of $500. Account 7500 -Personal Services: The Library account needs $2,000 to carry it through this year. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approve the transfer from the Reserve Fund to Account 7500 -Library Personal Services in the amount of $2,000. 2935 Mr. O'Connell: we will be requesting $1,000 transfer to Copier Account 2935 -Office Copier and Supplies because the use of the copier has increased from 12,000 to 17,000 copies per month. Also, we will need a transfer of approximately $9,000 to Account 1775 -Legal Fees because of extraordinary litigation this year. Appropriation Committee Appointments Permit - Denial Later on in the meeting, the Appropriation Committee met with the Board to discuss the above requests for transfers. Mr. Furash requested that details be submitted for further discussion. by the Committee at a later scheduled meeting. Mr. Furash recommended that the Board seriously consider chang- ing the effective date of the term of office of Appropriation Com- mittee members to conform to the fixal_ year. Mr. Cohen: I don't believe the By -Law deals with this problem but it does say that the Moderator can appoint after Town Meeting and you can act until your successors are appointed. Mr. Furash: We are now acting under strength. Are you saying that a quorum can act on things? Mr. Cohen: Yes. The Board agreed that there should be an article for a change in the time of appointment of members of the Appropriation Committee. Chairman Kenney read a request from Mrs. Sheila Robinson of Framingham to do a charcoal potraits for a fee on the Green from June to September, 1975. The Board agreed to deny the request because of the regulations concerning commercial ventures on the Green. Selectmen's Meeting May 5, 1975 Upon motion duly made and seconded, it was voted to certify the character of Elihu Petrov, 73 Laconia Street, who has applied for Certificate of Incorporation, "Self -Help Knits, Inc." Cert. of Incorp. ,G 95 Upon motion duly made and seconded, it was voted to abate the Ambulance ambulance bill of Francis Scurto in the amount of $15.00 because Abatement he is a Town employee and was taken to the hospital from the Public Works Building. Chairman Kenney read a letter from Mr. Marvin H. Greenberg. Grove St. 200 Grove Street, requesting traffic studies concerning children Sidewalk walking to Estabrook School from Grove Street across Eldred Street. A report from the Traffic Safety Committee states that while there is concern for the safety of all children who must walk to school, we can see no greater risk involved in crossing Eldred Street than is involved in crossing School Street at Mass. Avenue to attend the Maria Hastings School. However, we offer for con- sideration the installation of a sidewalk along the easterly side of Grove Street from Eldred Street to ..the Estabrook School drive- way, and the relocation of the crossing guard to _the intersection of Eldred Street and Grove Street. The Engineering Department in- forms us that the cost of such a Sidewalk, approximately 300 feet long and the acompanying retaining wall which would be required, would be at least $20,000. Mr. Bailey recommended that it be included in the sidewalk list for consideration in next year's Capital budget. Upon motion duly made and seconded, it was voted to include Grove Street from Eldred Street to the Estabrook School in the sidewalk list for consideration in the FY 77 budget. Mr. Greenberg is to be so informed. Chairman Kenney read a request from Grace Chapel for a street sign at Muzzey Street and Massachusetts Avenue directing tourists to the Old Belfry Club. After discussion, the Board agreed to instruct Mr. McSweeney to make arrangements to meet with the Historic Districts Commission for approval of the installation of the sign. Hopefully, this will be accomplished without a hearing. Sign - Belfry Club The Board discussed the meeting to be held in Estabrook Hall Reg. Refuse by the Newton-Wa]pham Regional Refuse Disposal District regarding Meeting solid waste and it was agreed that Mr. Busa is to represent the Board on May 13, 1975. 296 Executive Session Selectmen's Meeting May 5, 1975 Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputation of a person. After discussion of Fire and Police Department matters, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9:50 p. m. A true record, Attest: Executive Clerk,Selectmen 1 SELECTMEN'S MEETING May 12, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, May 12, 1975, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa and Kessler, Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. Martin, Assistant Town Engineer; Mrs. McCurdy, Executive Clerk, were present. Chairman Kenney declared the hearing open upon the petition of the New England Telephone Company and the Boston Edison Company to relocate a pole on Concord Avenue near Old Shade Street. Notices of the hearing were sent to abutters, as shown on the petitioners' plan, and also filed with the District of Public Works Mr. Pratt, representing the Boston Edison Company, and Mr. Pinault, representing the New England Telephone Company, were present. Chairman Kenney read a report from Mr. Coscia, DPW Manager, recommending that permission be granted to relocate the pole. Mr. Pinault explained that this petition is for the purpose of relocating an aerial cable and eliminating a wire crossing. No one beinJj present in favor or in opposition, Chairman Kenney declared the hearing closed. Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone Company and the Boston Edison Company for the following location. Concord Avenue: Approximately 139' easterly from Old Shade Street, one pole; also, remove one pole. Chairman Kenney declared the hearing open upon the petition of the New England Telephone Company and the Boston Edison Co- pany for abandonment of a pole at the intersection of Lowell and East Streets. Notices of the hearing were sent to abutters, as shown on the petitioners' plan, and also filed with the Director of Public Works. Mr. Pratt, representing the Boston Edison Company, and Mr. Pinault, representing the New England Telephone Company, were present. Chairman Kenney read a report from Mr. Coscia, DPW Manager, recommending that permission be granted as this pole location was abandoned due to the construction of East Street. Pole Concord Ave. Old Shade Street Pole Lowell/ East Sts. 298. Pole - Fern St. Selectmen's Meeting May 12, 1975 No one being present in favor or in opposition, Chairman Kenney declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the request of the Boston Edison Company and the New England Telephone Company to abandon the following pole locations: Lowell Street: Pole 58/101 at the intersection of East St., (Work Completed) 59' from the southeasterly corner of East Street and Lowell Street on the southerly side of Lowell Street. Chairman Kenney declared the hearing open upon the petition of the New England Telephone Company and the Boston Edison Co- pany for the relocation of a pole on Fern Street near Pleasant Street. Notices of the hearing were sent to abutters, as shown on the petitioners' plan, and also filed with the Director of Public Works/Engineering. Mr. Pratt, representing the Boston Edison Company, and Mr. Pinault, representing the New England Telephone Company, were present. Chairman Kenney read a report from Mr. Coscia, DPW Manager, recommending thatpermission be granted to relocate the pole for the purpose of improving the visibility for vehicles making a right turn onto Pleasant Street. This is in conjunction with the recent reconstruction of the Fern Street — Pleasant Street intersection. Mr. Richard J. Milewski, 11 Fern Street: I have a copy of the petition plan and I question some of the drawings involved. The drawing shows the fence coming to the corner. Mr. Pinault: The pole is to go to the inside of the side- walk, 5 feet toward Pleasant Street. The tree stump is going to be removed. Mr. Milewski: The wires now go across Pleasant Street and up to pole 32/2; they now go near the house approximately 32 feet. If you move it, the wires and cables will go very near the house. There was a new support cable put in either last fall or last summer and it comes very close to the roof of the house. Mr. Pinault: I didn't notice that; I would have to check it out. Mr. Milewski: I am requesting that you reconsider the area. Chairman Kenney to Mr. Pinault: Please meet with Mr. Milewski and answer his question. Selectmen's Meeting May 12, 1975 Upon motion duly made and seconded, it was voted to table the petition of the New England Telephone Company and the Boston Edison Company for the relocation of a pole on Fern Street, from a point at the intersection of Pleasant Street and Fern Street northwesterly 44 feet, one pole on the southwesterly side of Fern Street, one pole to be removed. Chairman Kenney declared the hearing open upon the petition of the New England Telephone Company and the Bostan Edison Com- pany for joint owership of pole 3/40 on Lowell Street at Fair- lawn Laney Notices of the hearing were sent to abutters, as shown on the petitioner's plan. Mr. Pratt, representing the Boston Edison Company, and Mr. Pinault, representing the New England Telephone Company, were present. Chairman Kenney read a report from Mr. Coscia, DPW Manager, recommending that approval be granted for join ownership with the Boston Edison Company of a former New England Telephone Company pole. No one being present in favor or in opposition, Chairman Kenney declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the petition for joint ownership by the New England Telephone Company and the Boston Edison Company of a pole at the following location: Lowell Street: From the intersection of Fairlawn Lane and Lowell Street 30 feet northwesterly one pole Chairman Kenney read a petition from the Boston Edison Company and the New Engalnd Telephone Company for approval of transfer of ownership to the &ostonEdison Company of three poles on Clarke Street. A report from Mr. Coscia, DPW Manager, recommended approval of the transfer of ownership due to the fact that the New Eng- land Telephone Company has removed all existing overhead wires from poles 10/1, 19/2, and 19/3. Upon motion duly made and seconded, it was voted to trans- fer the joint ownership to the Boston Edison Company at the following location: Clarke Street: Three poles 12 feet from the intersection of Mass. Avenue and Clarke Street in a Southwesterly direction on the northwest- ly side of Clarke Street. 299 Pole Lowell Fairlawn Lane Poles - Clarke Street 300 Conduit - Hartwell Ave. Hinchey Rd. Conduit - maes. Ave. Rhodes St. Tower Rd. Selectmen's Meeting May 12, 1975 Chairman Kenney declared the hearing open upon the petition of the New England Telephone Company for the installation of conduit at Hartwell Avenue and Hinchey Road. Notices of the hearing were sent to abutters, as shown on the petitioner's planr.and also filed with the Director of Public Works. Mr. Pinault, representing the New England Telephone Company, was present. Chairman Kenney, read a report from Mr. Coscia, DPW Manager, recommending that permission be granted to install the conduit. The purpose is to hopefully eliminate the overhead service and poles on Hinchey Road; this will not affect the services to the existing homes. Conduit is not to be installed until after the water and sewer installation on Hartwell Avenue, which will serve the development of the land on Hartwell Avenue between Bedford Street and Hinchey Road. Mr. Pinault: This conduit has to be run and the existing aerial service is going to be removed. Service will be retained at #72 as this is the only residence in the area. The other three houses have been sold and will be down. No one appearing in favor or in opposition, Chairman - Kenney declared the hearing closed. ,Upon motion duly made and seconded, it was voted to grant permission to the New Englald Telephone Company for the following location of conduit: Hartwell Avenue and Hinchey Road: From an existing man- hole located on the easterly side of Hartwell Avenue (in front of property of Hewett Packard - #32 Hartwell Avenue) 319 Feet in a northerly direction to the intersection of Hinchey Road, thence easterly 320 feet to a pole on Hinchey Road. Chairman Kenney declared the hearing open upon the petition of the New England Telephone Company for the installation of conduit on Mass. Avenue, Rhodes Street, and Tower Road. Notices of the hearing were sent to abutters, as shown on the petitioner's plan, and also filed with the Director of Public Works. Mr. Pinault, representing the New England Telephone Company,' was present. Chairman Kenney read a report from Mr. Coscia, DPW Manager, recommending that approval be granted for the puspose of pro- viding additional service to the areas. 301 Selectmen's Meeting May 12, 1975 Mr. Pinault: The work is being done to eliminate the ex- isting aerial wires. Mr. Daniel Lucas, 3 Tower Road: I want to know if it is necessary, and what it entails to the abutters. Mrs. Harold Andelman, 1130 Massachusetts Avenue: I have questions also. Mr. Pinault: The General Laws require that when work is being done, to notify the abutters. Aerial wires came down Mass. Aveune and they are going to place the conduit. Every- thing will be done within the public ways and will be restored under the scrutiny of the highwasy supervisor. Mrs. Andelman: How will it affect my driveway? Mr. Pinault: It will not be blocked. They will be by it in an hour. Mrs. Andelman: In the evening? Mr. Pinault: It will be open. Mrs. Andelman: The telephone pole in front of my house has wires. Mr, Pinault: That will not be affected. Let me say that the road will be better. Mr. Bailey: Keep in mind that for 90 days it will be a temporary patch. Mrs. Andelman: I am concerned about the digging. Mr. Pinault: Whatever is needed will be reseeded and put back in condition and there will be no damage to your bushes. Mrs. Andelman: What about my driveway? Mr. Pinault: That will be all restored and put back. Mrs. Andelman: I object. Mr. Martin, Asst. Town Engineer: The Public Highway Department will require a bond from the utility company and the job will be inspected. Mrs. Andelman: I don't want it to happen. We don't know what the plan means. Chairman Kenney: Would you like it fully explained? Mrs. Andelman: Yes. Chairman Kenney requested Mr. Pinault to meet with Mrs. Anderson and Mr. Lucas and explain the details of the proposed conduit installation. Mr. Pinault agreed. Upon motion duly made and seconded, it was voted to table the petition of the New England Telephone Company for the in- stallation of conduit on Mass. Avenue, Rhodes Street and Tower Road. 302 Selectmen's Meeting May 12, 1975 Chairman Kenney declared the hearing open upon the petition Conduit- of the New England Telephone Company for the installation of Bedford conduit on Bedford Street to service Rowe Chevrolet. Street Notices of the hearing were sent to abutters, as shown on the petitioner's plan, and also filed with the Director of Public Works. Chairman Kenney read a report from Mr. Coscia, DPW Manager, recommending that approval be granted to remove the existing overhead service and install underground service to Rowe Chev- rolet, Incorporated. No one appearing in favor or in opposition, Chairman Kenney declared the hearing closed. Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone Company for the installa- tion of conduit at the following location: Contract 76 -15 -E - Recreation 1 Service Building Contract 76-18-E Animal Shelter Bedford Street: Starting at Manhole 54/100A on the north- erly side approximately 500 feet from Harrington Road; northwesterly, approx- imately 192 feet of underground conduit to the property line between 25 Bedford Street and 33 Bedford Street. Mr. O'Connell informed the Board that bids have been received on April 2 for the construction of the Recreation Service Build - ingand the three low bidders were: Valid Restoration Corp., Medford -$27,900; Jones Development Corp., Taunton -$36,000; C & E Construction Company, Salem -$36,700. Mr. McSweeney recommends, and I concur, to award the contract to the lowest bidder, Valid Restoration Corp., under the authority contained in Article 36 of the 1975 Annual Town Meeting. Upon motion duly made and seconded, it was voted to award Contract 76-15-E to Valid Restoration Corp., Medford, for the construction of the Recreation Service Building in the amount of $27,900. Mr. O'Connell informed the Board that bids have been received on April 2 for the construction of the Animal Shelter and the three low bidders were: Valid Restoration Corp., Medford -$17,526; Skill Construction Co., Inc., Boston -$22,660; Jones Development Corp., Taunton -$24,500. Mr. McSweeney recommends, and I concur, to award the contract to the lowest bidder, Valid Restoration Corp., under the authority contained in Article 37 of the 1973 Annual Town Meeting, and Article 34 of the 1975 Annual Town Meet- ing Upon motion duly made and seconded, it was voted to award Contract 76-18-E to Valid Restoration Corp., Medford, for the construction of the Animal Shelter in the amount of $17,526. 303 Selectmen's Meeting May 12, 1975 Mr. O'Connell informed the Board that bids have been received Contract on April 29 for the construction of sanitary sewer on Summer Street 75-11-E (Rte. 2A), Ames Avenue to Banks Avenue Interceptor, Bates Road, Sanitary Woodcliffe Road, Peachtree Road, Appletree Lane, Scotland Road, and Sewer Grapevine Avenue. The three low bidders were: Po -Mar Contract- ing, Inc., Cambridge -$184,843; Pitt Construction Corp., Acton - $195,888.25; Brentwood Constrcution Corp., Brockton -$199,383.50. Mr. McSweeney recommends, and I concur, to award the contract to Po -Mar Contracting, Inc., under the authority contained in Article 20 of the Annual Town Meeting. This would be done by a vote of intent to award the contract to Po -Mar as the apparent low bidder, subject to the determination of the Department of Public Works that Po -Mar Contracting, Inc. is a qualified low bidder. Mr. McSweeney has written to them requesting a financial statement of the corp- oration, list of available equipment, experience in similar projects, etc. Upon motion duly made and seconded, it was voted the intent to award Contract 75-11-E to Po -Mar Contracting, Inc., Cambridge, for the construction of sanitary sewers, as the apparent low bidder in the amount of $184,843, subject (.o the determination of the Depart- ment of Public Works that Po -Mar Contracting, Inc, is a qualified low bidder. Mr. William Page met with the Board to discuss the Cable Tel- CATV evision Committee. Chairman Kenney: The Board is pleased to meet with Mr. Page, Chairman of CATV. The Committee has been in operation about two and a half years. They did submit a report to the Selectmen and Town Meeting Members, and had requested an Article in the Warrant. Indefinite postponement was moved by Mr. Bailey at Town Meeting as the Board will not set up an official state mandated advisory committee until it is required to do so by state law. Until that time, the Board plans to continue its unofficial advisory committee. Mr. Page: I have a list of four tasks that we recommend: (1) Hold hearings on the subject of ownership and operation, (2) Make a specific recommendation to the Board of Selectmen regard- ing ownership and operation of a cable system for Lexington. (3) Continue to prepare for the time when the licensing process is officially triggered. (4) Recommend the structure and func- tions of a permanent overseeing commission to promote the best interests of the Town once a cable system has been installed and operating. In our report, we passed along various options of intent and operation, and we intend to make recommendations on various options that are studied. We would reconstitute the CATV to consist of seven members. All, except one, are willing to serve on the committee or consultants. There are thirteen people now who would be willing to serve. 304 Signs & Billboards Transfer Account 2935 Copy Machine Lexington Youth Selectmen's Meeting May 12, 1975 Chairman Kenney: On your second recommendation, are you being premature as we haven't had applications yet? Mr. Bailey: That would be a recommendation appropriate at that time,and nothing would happen until that time when the committee had proposals that trigger it. It was agreed that Mr. Page would submit a list of names for appointment by the Selectmen and,. also, recommendation on which should be members or consultants. Mr. Page: I received a call from the Executive Secretary of the State Cable Antenna Television Commission asking me if I would be willing to serve on the Commission. I will be talking on that this week and, if so, I would hope there wouldn't be a conflict of interest. The Commission consists of seven members, and the major function acquired this spring is the authority for the agency to negotiate the initial rate and, after the rate is set, the state has the role of the final setter of rates. Twenty-four of the sixty systems are applying for a rate increase. Mr. Page retired from the meeting. Mr. O'Connell informed the Board that he has asked Mr. Briggs, Planning Director, to attend a hearing to be held by the Outdoor Advertising Division on May 13. This hearing deals with a proposal to change the rules and regulations for Control of Billboards and Signs and, in view of the Town's involvement, he felt Mr. Briggs should attend. The Board agreed. Mr. O'Connell recommended that the Board approve the request to the Appropriation Committee for a transfer of $1,000 to Account 2935 because of the increase in the use of the copier machine from 12,500 to 17,000 copies per month. Upon motion duly made and seconded, it was voted to request the Appropration Committee to approve a transfer from the Reserve Fund to Account 2935 -Office Copier and Supplies in the amount of $1,000. Mr. O'Connell read "An Open Letter to Lexington Youth:" "I have had an opportunity to talk with several Lexington Youth about their unfortunate disturbance on Friday evening, May 2. Although they were neither participants nor observers of the disturbance, the discussion was constructive and did include opinions concerning the rights of the parties involved or af- fected. These discussions grew out of a complaint that no Town officials were willing to listen to the youths' side. This letter is written to correct that incorrect impression. I have in the past and continue now to urge those who feel they have not been treated properly by the palice bb discuss their complaints with Chief Corr. If these parties are unwilling to do so, but feel they still wish to talk about this matter, the Town Manager is willing to listen and discuss the situation. I may not agree with many of the views expressed, but I am willing to listen and 305: Selectmen's Meeting May 12, 1975 I particularly wish to learn what these views are based upon. I am interested in discussing not only the matter of rights but also the responsibilities of all involved parties. Any youths who feel they have worthwhile information to con- tribute or who wish to express their views are invited to call the Town Manager's office, 862-0500 Ext. 62, for an appointment. I suggest that the discussion will be more effective if limited to one-half hour and not exceed more than five individuals at a time. Walter C. O'Connell, Town Manager." Mr. O'Connell: I hope that some of the youth who have felt they have not been listened to will take advantage of this op- pe2rCtiHi]t ., Chairman Kenney: You will recall that we were soliciting letters from people who had statements on the incident. In part- icular, we wanted to get the facts from people who might have been there. We have received seven communications officially, and two tonight. Of the seven, none had direct knowledge. Handed to me this evening, was a communication giving names of six or seven youths who would like to talk with us. If the Board is interested, we will contact these people and set up an informal meeting to listen to them and discuss it with hhem. Additionally, through the media, we would say that if there are any other in- dividuals with direct knowledge or strong feeling to call Mrs. McCurdy. Dr. Kessler: I would point out that I have received few anonymous calls; I am sure that -other Selectmen have also. I think it important that everyone realize that we can't act on anonymous calls. Anyone that has concerns about protection or privacy should be assured that, if put in writing to any Selectman, every one of the Selectmen will maintain a list and, if a person desires to remain anonymous, we will protect the :privacy. We can't do any- thing unless people are willing to back up their complaints. Mrs. Battin: I had several phone calls wishing to remain anonymous and I said I wouldn't investigate until I had their name, which they gave me. The Town Manager and I thought could give their name at least to one of us. It would then remain anonymous from the remainder of the Board and the public. We would respect that. Chairman Kenney: Yes, but for the time being, we will accept it. Mr. Bailey: What is the purpose of these meetings? Chairman Kenney: They wanted to talk with some of the Select- men and wanted to come this evening but they would hope to do it in circumstances which are fairly relaxing and informal. 306 . Selectmen's Meeting May 12, 1975 Mr. Bailey: The intent of this meeting would be to arrive at facts of exactly what happened this evening? As far as I am concerned, I want to know what you are driving at. You have to be very clear ad to what you want as the outcome. Chairman Kenney: I want to go along the lines of what Mr. O'Connell has said verbally this week. Some have said that no- body will listen to them, and I want to listen to them and see what is concluded from them. I am not pre -stating any course of action we would take. Mr. Cohen: In other words, this would take the place of a written report. Mr.. Bailey: There is a very wide discrepancy in the facts. I think it is going to be necessary at some point to have somebody establish what the facts were. As long as that exists, I think we are going to have a problem. It is possible you should go ahead with that. Mrs. Battin: There might be two different dialogues. I would have the Chief a part of the whole process. Dr. Kessler: I don't think we want to go into the wide range of problems that people would bring up. We should confine it to that particular issue. Mr. O'Connell: Those I have contacted don't want to talk about this issue - they want to talk about their rights. I en- courage the three students that came in to see me to get first- hand information from other sources of information, as they offer- ed. Mention was made about an Open Letter to the People of Lex- ington, written by Alan M. Stewart. Chairman Kenney: I haven't seen the Stewart letter. Polly Kaufman: What process do you intend to set up for adults - problems in relation to the police? Chairman Kenney: We haven't concluded or gotten that far. There is a youth problem in the Town. Ms. Kaufman: I am just asking for a dialogue. Chairman Kenney: We are still evaluating it, and we don't have an answer yet. The problem will not be just on police, vandalism, etc. It is a social problem. Ms. Kaufman: You have to start somewhere. When you listen, you are really taking in some of the information we have. Chairman Kenney to the Board: What is a convenient time to meet? Mr. Busa: I hope we keep it in perspective, that we will not broaden it and have a public hearing and polarize the Town. I would like to hear the story and have it in small groups. I would gladly meet with anybody. Beyond that scope, I don't think the end will justify the means. 1 Selectmen's Meeting May 12, 1975 The Board agreed to be in the Selectmen's Meeting Room on Wednesday, May 21, at 3:30 p.m. Chairman Kenney: Anybody who wants to come_and talk to us can call Mrs. McCurdy for an appointment. There will be no further discussion now. Later on in the meeting, the Board discussed the use of tape recorders at Selectmen's meetings. Chairman Kenney: It seems that the Board would do well to vote to have a policy not to allow it as it has a tendency to in- hibit the discussion; particularly when the Board often discusses matters and they have not made formal statements. I don't see any advantage to it and it might inhibit. If we see that a tape recorder is needed, it might be an advantage to have Mr.O'Connell or Mrs. McCurdy tape it and people can hear it afterwards. Once you go on tape, you don't know how a person would use it afterwards. Mrs. Battin: I am not sure I concur. If it is an open meet- ing, that is the risk we run as elected officials. What we say is open to all the public. Chairman Kenney: It is not a risk we run. There are all sorts of things that can be done to a tape recorder. Dr. Kessler: If it is in the public interest, we should the ones to tape it. I, for one, am not anxious to have tape ers when I am not sure about it. Mrs. Battin: Misusing and altering it could be a worry. I hadn't thought about that. Mr.Busa: Open meeting doesn't have to be taped; an open hear- ing could be . Chairman Kenney: If there is a particular reason why an in- dividual wants it taped and we agree with him, if we want to tape it we can or grant permission. Upon motion duly made and seconded, it was unanimously voted to prohibit the use of tape recorders at the Selectmen's meeting without prior permission. be record - Mr. O'Connell informed the Board that the Town has received about $100,000 more than last year, and the amount is very close to Mr. Perry's (Comptroller) prediction. It leaves open another question if now that we know what they promised as to what they will deliver. The tax rate forecast at Town Meeting looks very good. Chairman Kenney read a request from Mr. Chase, Town Engineer, regarding easements on Ames Avenue to Banks Avenue Tape Recorders Cherry Sheet Banks Ave. Ames Ave. Sewer & Drain Easements 308 Memorial Day Heitman Street Betterment Auctioneer Police Dept. Subdivision Street Acceptance Selectmen's Meeting May 12, 1975 Upon motion duly made and seconded, it was voted to accept the recommendation of the Town Engineer of an intent to take permanent and temporary sewer and drain easements from Banks Avenue to Ames Avenue, as voted by the Board on April 7, 1975, and to append to that vote that no damages be awarded. The Board agreed to participate in the parade on Memorial Day and Mr. Bailey is to read the Proclamation. Upon motion duly made and seconded, it was voted to sign the abatement of the street betterment assessement to Mr. and Mrs. John Heitman, 34 Rockville Avenue, in the amount of $940.00. Upon motion duly made and seconded, it was voted to sign the Auctioneer's license issued to John D. Brucchi, 63 Paul Revere Road. Chairman Kenney read a letter from the Woburn Police Captain commending Chief Corr and his department for an excellent job done during President Ford's visit onApril 19, 1975. Upon motion duly made and seconded, it was voted to sign the Oders of Taking for the acceptance of the following subdivision streets, as approved by Town Meeting: Columbus Street, Kendall Road, Sherburne Road, Worthen Road, Springdale Road, Emerson Road, Bryant Road, Bushnell Drive, Village Circle, Militia Drive. Columbus Street Kendall Road Sherburne Road Worthen Road Springdale Road Emerson Road Bryant Road Bushnell Drive Village Circle Militia Drive 150' From the accepted portion of Columbus Street to end 2230' From Sherburne Road to the Vine Brook 1125' From Kendall Road to 110' beyond Dane Road 1100' Starting 400' from John Poulter Road to 150' beyond Sherburne Road 900' From Bates Road to the end 520' From Maple Street to the end 330' From Page Road to Emerson Road 470' From Worthen Road to the end 1350' From Bryant Road to; the end 460' From Worthen Road to the end Selectmen's Meeting May 12, 1975 Chairman Kenney read a recommendation from Mr. Chase, Town Engineer, for awards of damages on Belfrey Terrace. Upon motion duly made and seconded, it was voted to award damages for land takings in the following amounts: Claude and Louise Patterson, 10 Belfrey Terrace, 160 sq. ft. $320.00 John and Mariannne Pearson 16 Bel£tey Terrace, 330 sq. $660.00 Annette Slocumbe 18 Belfrey Terrace, 32 Sq. ft. $ 64.00 Upon motion duly made and seconded,it was voted to sign the Order of Taking for the acceptance of Belfry Terrace, 350' from Forest Street to end, a betterment street, as approved by the 1975 Annual Town Meeting. Chairman Kenney read a request from Mr. McSweeney to sign Contract 75-7E awarded by the Board on April 7, 1975 to P. Gioioso & Sons, Inc. for sewer construction as the lowest bidder in the amount of $235.497. Mr. Cohen: I would like to report that there was a hearing in Labor and Industries on that case. I understand that the decision was mailed today and the finding was in favor of P. Gioioso & Sons, Inc. as the lowest bidder. Upon motion duly made and seconded, it was voted so sign Contract 75-7-E awarded to P. Gioioso & Sons, Inc. for the construction of sanitary sewers in the amount of $235,497. Chairman Kenney read a memo from Mr. Chase, Town Engineer, re- orarding a request from Mr. Peter Sowkow, 64 Valleyfield Street, to relocate the brook running through Lot 91 Valleyfield Street. The Board voted on January 13 to grant permission to Mr. Sowkow'subject to the following conditions: (1) That a plan and profile be submittted to the Director of Public Works/Engineering for approval of the work to be done; (2) That a grant of a brook easement be furnished to the Town. This memo is to inform you that Mr. Sowkow has submitted an acceptable plan and profile and that necessary documents are being prepared. We wish to point out that a portion of the relocation work falls outside the limits of the Tripi-Sowkow property and lies upon Town -owned and privately owned land. DPW/ Engineering feels that the interests of all will best be served if the channel is relocated as shown on plan and, for that reason, recommends that the Board give Mr. Sowkow permission to relocate the brook across Town -owned land, as proposed. Permission to re- locate across privately -owned land is a matter between Mr. Sowkow and the other owners. Conditional approval, subject to a final Order of Conditions, has been granted by the Conservation Commission. 309 Belfry Terrace Damages Belfry Terrace Acceptance Contract 75-7-E Sanitary Sewer Gioioso Sowkow - Brook Relocation 310 Towing After Accidents Little League Selectmen's Meeting May 12, 1975 Upon motion duly made and seconded, it was voted to grant per- mission to Mr. Perer Sowkow to relocate the brook running through Lot 91 off Valleyfield Street, as shown on the plan and profile, with the understanding that a final order of conditions must be granted by the Conservation Commission. Mrs. Battin discussed the practice now used by the Police Department in the towing of vehicles after accidents in the Town. Mrs. Battin: The question has come to us to consider the es- tablishment of a policy under which towing by order of the Police Department is assigned, rotate or shared among those Lexington tow operators who have appropriate storage facilities. I feel there should be a list of towing agencies and a pattern of utilization, by equal distribution for those who qualify. Chairman Kenney: If we are going to talk specific names, we should do it in Executive Session and ask Chief Corr tocomein. Mr. O'Connell was requested to compile information for dis- cussion by the Board at a later date. Mr. Luigi DiNapoli came into the meeting to discuss Little League Baseball. Mr. DiNapoli: We have a petition representing 175 children and their parents who feel they have been discriminated against on Little League. Chairman Kenney: It is because of the lack of fields? Mr. DiNapoli: We are trying to make room for 175kids and we were notified today that there were no fields. Speaking on behalf of the Lexington Little league, we are trying to schedule a series that will not conflict with the schedule in the Town. We were told we could have one field on Saturday and four fields on Sunday. The Little League is new and the kids had no one to play with. We formed this new league to play through June and the summer and we are trying to find a place for them to play on. Mr. O'Connell: The information was not given today but was given last weekend I would recommend that you follow the course that the Town officials tell you. I don't agree with Mr. DiNapoli that. there is no place for them to play. Another thing, this league came in late. Its sponsor agreed to give the ChhtYinunaf the Recreation Committee their plans and programs and, as of this after- noon, that had never been done. The Recreation Committee has done the best that it could. Time has been spent by the Committee and The Town Manager, and to argue that claims have been made and to take this petition to the Board is unfair and unnecessary. 3`11' Selectmen's Meeting May 12, 1975 Mr. Alfred Buse: The Recreation Committee has yet to receive a letter on who they are and until they begin down in Recreation we will not hear them up here. Chairman Kenney: We don't have enough fields to meet the current demands. The appropriate way to handle it is to work with the Manager and the Recreation Committee. You were given fields on Saturday and Sunday. Dr. Kessler: What is the petition about? Mr. DiNapoli: We would like the opportunity to sit down with the Recreation Committee and work this thing out. I have a letter which was dated March 7. Dr. Kassler moved to refer this matter to the Recreation Committee for a solution. Upon motion duly made and seconded, it was voted to refer the Little League petition to the Recreation Committee. Mr. O'Connell: Is this matter referred back to the Recreation Committee to go to the Town Manager? The Board agreed that the matter is to go to the Recreation Committee to the Town Manager. Upon motion duly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing, deliberating or Session voting on matter which, if made public, might adversely affect the public security, the financial interests of the Town or the repu- tation of a person. After discussion of matters concerning the formation of committees, it was voted ttf'go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10:00 p.m. A true record, Attest: Executive Clerk, Selectmen 312. Guides Permit V.F.W. Jurors SELECTMEN'S MEETING May 19, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room on Monday, May 19, 1975, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa and Kessler, Mrs. Battin, Mr.. O'Connell, Town Manager; Mrs. McCurdy, Executive Clerk, were present. Rev. Handley, Director of Guides, presented to the Board the new Guides and those to be reappointed this year. All had passed the examination and were well qualified to escort the many visitors expected during our Bicentennial year. On behalf of the Board, Chariman Kenney welcomed each Guide and presented a Lexington Bicentennial Guide badge to the following; Barringer, Joan Buchinskas, Karen Gabriel, Jay Hill, Jennifer Kahne, Daniel Mager, Neil McKenna, Stephen W. Morgenstern, Vicki Pian, May Phillips, David Soparkar, Charles Sutton, Richard Takacs, Jim 22 Deering Avenue 8 Saddle Club Road 10 Winchester Drive 159 Burlington Street 15 Dewey Road 1 Berwick Road 47 Bridge Street 30 Burroughs Road 11 Captain Parker Arms 12 Trotting Horse Drive 12 Saddle Club Road 37 Winthrop Road 7 Elena Road Mr. O'Connell informed the Board that the V.F.W. Post 3007 has requested permission to sell poppies throughout the Town. Upon motion duly made and seconded, it was voted to grant per- mission to the Veterans of Foreign Wars Post 3007 to sell poppi:es_through- out the Town on May 22, 23, and 24, 1975, subject to the condition that they do not go house-to-house and do not solicit motorists at traffic intersections. At the request of the Town Clerk, the following jurors were drawn: Mary Marderosian John L. Gardner Bernard P. Friesecke 164 Lowell Street 15 Fair Oaks Drive 64 Baker Avenue Selectmen's Meeting May 19, 1975 Mr. O'Connell informed the Board that a request has been re- ceived from Lexington Bicentennial Mt. McKinley Expedition to sell souvenirs at the Visitors Center lawn in order to rasie money to climb Mt. McKinley this year. Upon motion duly made and seconded, it was voted to grant per- mission to the Lexington Bicentennial Mt. McKinely Expedition to set up a table to selllsouvenirs on the Visitors Center lawn on May 23, May 31, and June 7, 1975. Permit Mt. McKinley Expedition Mr. O'Connell discussed a request from Mr. McSweeney, Director Contract of Public Works/Engineering, for approval to award a contract for 76-1-E test borings in various locations for the purpose of designing Test roadways, various underground utilities and structures, as the Borings need arises. Only one bid was received from D. L. Jones Sub- surface Investigations, Inc., Peabody, in the amount of $8,210.00. Authority for this work is contained in various Articles, depend- ing upon the purpose of the project. Upon motion duly made and seconded, it was voted to award Contract 76-1-E to D. L. Jones Subsurface Investigations, Inc., Peabody, for test boring in various locations throughout the Town, in an amount not to exceed $8,210.,00. Mr. O'Connell discussed the problem concerning a dog in the Shade Street/Spring Street area. It is believed that this dog belonged to a Lexington family who had moved and had abandoned it. According to neighbors, the dog had been bitten by a skunk and it may have rabies. It is becoming a health hazard as it runs after children and nipping their heels. We have tried every measure to capture this dog, by trying to entice by food and by using a tranquilizer gun, which was ineffective. We have no choice but to kill it, as stated in the General Laws, Chapter 140, section 158, on the destruction of an animal. We have asked the Police De- partment to assist the Health Director in carrying out this order, to be done by a rifle. Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager that if it is impossible to capture the wild dog in the Shade Street/Spring Street area, arrange- ments are to be made for it to be killed, as stated under G.L. Chapter 140, section 158. Wild Dog Chairman Kenney discussed a report from Mr. McSweeney regarding Turning the Turning Mill Road trunk sewer easement, which has been submitted Mill Rd. because of questions raised by the Citizens for Lexington Conserv- Sewer ation. The report states that the project is not completed but will be done in accordance with the plans and specifications, and in such a manner that the finished product will be both functional - and with Selectmen's; Meeting May 19, 1975 the aid of a report to be submitted - a valuable educational tool for Lexingtonians in studying the environmental Sciences. The final report is being prepared by the environmental services firm of Comsis, Glastonbury, Connecticut; the project is under the direction of the firm';s chief ecological scientists, Robert DeSanto. We would like to point out that the consultant has no obligation to any party, other than the Board of Public Works, in this matter and, until such time as the final report is accepted by the Town, the matter is not one of public record, but one of a consultant - client relationship. The Board agreed to accept Mr. McSweeney's report and to send a copy to the Citizens for Lexington Conservation. Turning Mill Chairman Kenney read a request from Mr. McSweeney for partial Crognale release of retainage monies due Crognale Construction Co., Inc. Retainage on Contract 73-8-E, sewer construction in the Turning Mill Road Fee Area. We are presently holding $25,033.64 and recommend release of $18,000 at this time. Dr. Kessler: Has the Conservation Commission been consulted as to the status of the work on cleaning up? Mr. Martin, Asst. Engineer: We haven't started major restora- tion and clean-up. Dr. Kessler: i would like to request, specifically on matters which are very sensitive, that we have an official Town agency in- volved. I would like you to work with the Conservation Commission and, on the returnage of monies, that Conservation go down and look it over, even if it is not specifically on Conservation work. Mr. McSweeney: These monies are not involved in restoration; this is for work that has been completed. The $18,000 represents approximately 80% of the retainage held for work completed with the roadway segment of the job and pipework within the easement. This work has been completed for well over 90 days, and has been accepted and released for public use. Mr. Martin: The contract was for approximately $320,000. We have money, plus the $25,000 retainage money. We expect, because of the sensitivity of the job, that we may go beyond the completion date. Chairman Kenney: How much is yet to be completed on the contract? Mr. McSweeney: It was $60,000. Chairman Kenney: At what point would you authorize payment of this on the job as completed? Mr. Martin: We will receive periodic estimates. Mr. McSweeney: There is more than adequate time and money to restore the area, and Conservation and Mr. Prentiss will be in- volved. 315 Selectmen's Meeting May 19, 1975 Dr. Kassler: I am asking for an on-going working relation- ship with Conservation so that they will know there is plenty of money around to do this, to restore that land as close to its natural state as possible. Mr. Bailey: I heard Dr. Kassler's viewpoint but I don't think we should hold up the contractor's money for work already completed. I would like to establish that the money is avail- able to complete the work above ground, and Engineering has attested that there is money. Conservation could be concerned with the on-going work. Now, we are debating the part that is the underground portion. Do you feel that the contractor would walk away? Dr. Kassler: That was my question. Mr. Martin: He is one of the few contractors with an excellent reputation. Dr. Kassler: I am trying to avoid what has happened in the past and would urge you to use in-house assistance and avoid difficulty in the future. Chairman Kenney: We have also paid the ecologist to monitor this area, and his report will come to Engineering to us. Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering to release to Crognale Construction Co., Inc. the sum of $18,000 of the $25,033.64 retainage fee on Contract 73-8-E for sewer construction in the Turning Mill Road area. Chairman Kenney read a request from Mr. Roy Weinstein, 6 Grammont Nickerson Road, that he be informed before the remainder of Sewer Mr. Grammont's bond, for sewer construction, is returned to him. Bond Mr. Weinstein states that much of the finish work will take place on his land and, therefore, he would like he would like to make a report of incomplete refinishing. Chairman Kenney: We will refer this to Mr. McSweeney for his recommendation. We have retained a sufficent amount of money and he will meet with M. Weinstein before the bond is released. The Board agreed. Mr. Kenney read a request from Mr. McSweeney to adopt the Town of Lexington standards for sewer, street, drain and water main construction for DPW projects and private ventures, such as sub- divisions and certain Board of Appeals cases. ..these drawings are intended to supplement the written specifications presently adopted and used by this department. These, too, will need some revision; however, it has taken nearly three years to develop these drawings on a part-time basis. We expect that because of current and anticipated workloads, some similar time frame will be required to revise the specifications, which are gather general in nature. We don't feel that any conflicts will exist and it Standards for Sewer, Street Drain & Water Main Construction 316 Selectmen's Meeting May 19, 1975 would be in the best interests to at least have the standard detail sheets adopted at this time." Mr. Buse: Are the new regulations going to be printed? Mr. Martin: If the Board adopts these, we will go to the Planning Board and have them adopted as part of subdivision re- quirements. Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public works/Engineering to adopt the revised stand detail drawings for sewer, street, drain, and water construction proposed for use in public works projects, subdivisions, and private ventures. Upon motion duly made and seconded, it was voted to table the Board of letter from the Board of Appeals regarding an addendum to the Rules Appeals and Regulations of the Board of Appeals concerning filing fees and Filing permits, pending a discussion with Town Counsel. Fee The Board discussed a request from Howard Johnson's on`Route Howard 128 to extend the hours of operation for 24 hours, previously JOhnson's granted until June 1, 1975. Common Chairman Kenney: Chief Corr reports there has been no problem Victualler there. License . Upon motion duly made and seconded, it was voted to extend until December 31, 1975 the hours of operation for 24 hours for Howard Johnson's on Route 128 in Lexington. Resignation Chairman Kenney read a letter of resignation from Mrs. Wiltrud LCSR Mott -Smith. Upon motion duly made and seconded, it was voted to accept, with regret the resignation of Mrs. Wiltrud Matt -Smith as a member - at -large of the Lexington Commission on Suburban Responsibility. TMMA Chairman Kenney read a letter from the Town Meeting Members Executive Association stating that Mrs. Mary E. Shunney was elected Chair - Committee person of the Town Meeting Members Executive Committee for 1975- 1976. Hanscom Chairman Kenney read a request from Major Donald Rhoads of AFB Hanscom Field to update the membership on the Hanscom Air Force Community Base Community Council, which was originally appointed on May 24, Council 1965 to develop better relations between Hanscom Field and the surrounding towns. The Board agreed to continue with the following four members of the committee: Lincoln P. Cole, Jr., Otis S. Brown, Jr., Arthur E. Burrell and Raymond B. Barnes, and to appoint Chairman tenney a member. Selectmen's Meeting May 19, 1975 Upon motion duly made and seconded, it was voted to appoint Allan F. Kenney, Chairman of the Board of Selectmen, as a member of the Hanscom Air Force Base Community Council. A letter is to be written to Major Rhoads informing him of the complete membership of the committee. The Board discussed a letter from Kevin White, Chairman of MBTA Advisory Board, regarding 50 percent State sharing of the MBTA financing, and it was agreed to infrom our Representatives and Senators that the Town of Lexington's position is to main- tain the 50/50 MBTA financing. Chairman Kenney read a request from the Metropolitan District Commission to designate a representative in the Metropolitan Water District. Upon motion duly made and seconded, it was voted to designate Mr. John J. McSweeney, Director of Public Works/Engineering, as Lexington's representative on the Metropolitan District Commission. Upon motion duly made and seconded, it was voted to approve the request of the Pilgrim Congregational Church to hold a bake sale on the Buckman Tavern Lawn on Wednesday, May 28, with a rain date of May 29, 1975. Chairman Kenney read a notice from the Alcoholic Beverages Commission that all Motels, Restaurants, and Clubs may serve alcoholic beverages at 12:00 Noon to closing, but Package Goads stores may not sell or deliver at any time during Memorial Day, May 27, 1975. Upon motion duly made and seconded, it was voted to approve a request from Mr. McSweeney of an intent to take sewer ease- ments off Springdale Road, with an award of no damages. Upon motion duly made and seconded, it was voted to approve the request from Mr. Noyk j Cohen, Town Counsel, to sign the Orders of Taking, by eminent domain for school and playground purposes, the following lots located in Meagherville: Lots 49-74, inclusive, in Block 1, Lots 23-44, inclusive, in Block 4; Lots 20-38, inclusive, in Block 15; Lots 36 and 37 in Block 20, Lots 17, 18, 34 and 35 in Block 21, Lots 16, 17, 32 and 33 in Block 22, Lots 15, 16, 31 and 32 in Block 23, Lots 26 and 27 in Block 57, and all lots in Blocks 5-14, inclusive, and in Blocks 58 and 59, all as shown on a plan entitled "Plan of Lots at Lexington Heights Owned by M. C. Meagher", surveyed by E.A.W. Hammett, C.E., dated July 1892 and recorded in Middlesex South District Registry of Deeds, Plan Book 77, Plan 24. META Financing MDC Permit ABC Memorial Day Sewer Easement Springdale Meagherville Orders of Taking Selectmen's Meeting May 19, 1975 Easements Upon motion duly made and seconded, it was voted to approve Ames Ave. the request of Town Counsel to sign the Order of Taking for Banks Ave. sewer and drain easements located between Ames Avenue and Banks Avenue, beginning at a point on the northerly sideline of the 1963 Town layout of Ames Avenue said point -being S:62° -00'-00" E, and 292.50 feet distant from the beginning of the northerly sideline of said Ames Avenue; thence N 280-00'-00"E, 180.00 feet to a point on the southerly sideline of Banks Avenue, thence S 62°-00'00" E, 15,00 feet following said southerly sideline of Banks Avenue, thence S 28°-00'-00" W, 180.00 feet leaving said southerly sideline of Banks Avenue to a point on the north- erly sideline of Ames Avenue; thence N 62°-00'-00" W 15.00 feet following said sideline of Ames Avenue to the point of beg- inning. All as shown on a plan entitled "Plan of Sewer and Drain Easement from Ames Avenue to Banks Avenue, Lexington, Mass., Scale 1"-20', March 6, 1975, James E. Chase, Town Engineer," to be re- corded. Also, to take temporary construction easements for use in con- structing sewer mains to be installed in the permanent easement hereinabove described, in the following strips of land situated in said Lexington; no betterments are to be assessed for this taking; and said Board, having considered the question of damages, hereby determines that no damages have been sustained and none are awarded: Registered Land Lot No. 4 & 5 Unregistered Land 487, 488, 489 467 & Pt. 468 463, 464, 465,466 Supposed Owners Donald E. Woodside and Ida Woodside h/w Certificate No. 102330, Book 641, Page 180 Emmy H. Anderson Harold P;.Johansson & Eleanore E. Johansson h/w Town of Lexington Meetings Upon motion duly made and seconded, it was voted to meet on Tuesday, May 27, 1975, because of Memorial Day. Summer Upon motion duly made and seconded, it was voted to meet on the Schedule following dates at 7:30 p.m.; June 2, 16, 30; July 14, 28; August 11, 25, 1975. Taxicab Licenses Chairman Kenney read a request to renew taxicab licenses. Upon motion duly made and seceded, it was voted to renew the taxicab licenses for the Lexington Taxi Co., Inc. and 81 Woburn Street Cab Co. d/b/a/ Minute Man Cab Company, expiring May 1, 1976: 1 Selectmen's Meeting May 19, 1975 81 Woburn Street Corporation Lexington Taxi Co., Inc. d/b/a/ Minute Man Cab Co. Registration No.' 1051 1052 " " 452 453 471 " 5356 " 11 " Registration No. 485 " 1053 " 5352 " " 1054 470 483 Upon motion duly made and seconded, it was voted to remove from the table the petition from the New England Telephone Company to install conduit on Massachusetts Avenue, Rhodes Street, and Tomer Road. Chairman Kenney informed the Hoard that the Telephone Company representative had met with Mr. Daniel Lucas, 3 Tower Road, and Mrs. Harold Andelman, 1130 Massachusetts Avenue, and all questions has been answered -to their satisfaction. Upon motion duly made and seconded, it was voted to grant per- mission to the New England Telephone Company for the.foliawing location of conduit: Massachusetts, Massachusetts Massachusetts Rhodes Street: Avenue: Starting on the northerly side of the intersection of Marrett Road northerly, approximately 19' of underground'. conduit to Pole 57/69. Avenue: Starting on the northerly side approx- imately 110' easterly from the inter- section of Rhodes Street easterly, approximately 20' of underground con- duit to Pole 57/66. Avenues Starting on the northerly side approx- imately 110' easterly from the inter- section of Rhodes Street westerly approximately 110' northwesterly then northerly approximately 10' to the intersection of Rhodes Street. Starting on the easterly side of the inter- section of Massadhusetts Avenue northeasterly, approximately 115' of underground conduit to Pole 34/1. 39 Conduit Mass. Ave. Rhodes St. Tower Rd. 320 Permit 117 Adams Selectmen's Meeting Massachusetts Avenue: Tower Road: May 19, 1975 Starting from Point "A" approximately 35' easterly from the intersection of:Rhodes.. Street, Southwesterly, approximately 63' of underground conduit to the intersection of Tower Road. Starting from a point on the southwesterly side of the intersection of Massachusetts Avenue southwesterly approximately 25' of underground conduit then southerly approx- imately 161' of underground conduit to Pole 24/2. Upon motion duly made and seconded, it was voted to grant per- mission to the Lexington High School Senior Class Council, in con- junction with the Summer Co-op, to set up a booth to take pictures on the lawn in front,.of the Visitors' Center on Saturdays from 10:00 a. m. to 5:00 p.m.; also, on Memorial Day, May 26, from 12:00 Noon to 5:00 p.m.; subject to the rules and regulations of the Department of Public Works. Chairman Kenney read a letter from Mr. James McDevitt, 36 Colony Road, stating that he had read in the Minute -man that the Selectmen were seeking eyewitness accounts of the incident on May 2 at 117' Adams Street. At 10:00 p.m., he heard, over his scanner, one of the cruisers report that there was no serious problem at 117 Adams Street but would check the loca- tion again at 11:00 p.m., when the party was scheduled to break up. Shortly thereafter, he drove over to Adams Street and there were 30 or more cars parked on both sides of the street, and traffic was somewhat impeded by the parked cars. About 11:00 p. m., he heard a cruiser request assistance, and he arrived at the scene about 11:15 p.m. There were four Lex- ington cruisers and one unmarked car present, as well as cruisers from Bedford and Burlington; the Arlington cruiser arrived later, and three State Police cars came a good while after that. The group had been pretty well cleared from the house by then. The Burlington officer was standing by the edge of the road and, at no time, did he see him use the dog nor did he engage in any activity other than observe the goings-on. The Bedford officer with the dog was trying to get groups to disperse until bitten. At no time while he was present did he observe a Lexington officer use any physical force nor do anything other than try to get the group to disperse without violence. Mr. McDevitt noted that their oonduct was exemplary and deserving of praise rather than criticism and vilification. 32_ Selectmen's Meeting May 19, 1975 The Board agreed to thank Mr. McDevitt for submitting his eye- witness account. Mr. Buse informed the Board that he had represented the Select- Refuse men at the Minute Man Refuse Disposal Council meeting held on May Disposal 13 in Estabrook Hall. He said that they are in the planning stages Council of this organization and it is going to be a long project, about 10 years, for a proposed 1,000 to 3,000 tons per day resource re- covery facility to serve the communities in the northwest, west and southwest areas of Greater Boston with access to the State's Circumferential Highway, Route 128. They plan on getting it off the ground by meetings, and it will be monitored by having these meetings twice a month. Chairman Kenney: Dr. Clarke (Planning Board) has suggested that we reactivate our West Suburban Regional, Refuse Study Comm mittee and we should ask Mr. Whelan and Mr. Cambourelis to meet with us. Mr. Buse: The Council has asked that an elected official be a member of their group. The Board agreed to arrange a meeting with Mr. Whelan and Mt. Cambourelis. Upon motion duly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing, deliberating Session or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town, or the reputation of a person. After discussion of matters concerning the Police Department and the Personal Services budget, it was voted to go out of Executive Session. Upon motion duly trade and seconded, it was voted to adjourn at 10:25 p.m. A true record, Attest: 30) c Executive Clerk, Selectmen 322 SELECTMEN'S MEETING May 27, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Tuesday, May 27, 1975, at 7:30 p.m. Chariman Kenney, Messrs. Bailey, Buse, and Mrs. Battin; Mr. O'Connell, Town Manager, Mr. McSweeney, Director of' Public Works/Engineering; Mrs. McCurdy, Executive Clerk, were present. Mr. O'Connell informed the Board that he has received a letter Resignation Of resignation from David Hughes, Administrative Aaaistant, effective Hughes June 6, 1975. Upon motion duly made and seconded, it was voted to instruct the Chairman to write to Mr. Hughes and thank him for his outstanding service with the Town and to wish him success in his new position. Permit - Flag Day Chairman Kenney read a request from the Elks Lodge for the use of the Green. Upon motion duly made and seconded, it was voted to grant per- mission to the Elks Lodge 42204 for the use of the Green for annual Flag Day ceremonies on Saturday, June 14, 1975, at 10:00 a.m. Mr. Busa is: to represent the Board. Certificate Upon motion duly made and seconded, it was voted to certify the following who have applied to Secretary Guzzi for Certificate of In- Irlcorp. corporation: Battle Green Area - Buses Com. Vict. Old Belfry Robert C. Scott, Jr. 32 Woodland Road Sally Terrell Scott 32 Woodland Road "Financial Advisory Services for Schools, Inc." Chairman Kenney read a letter from Mrs. Joseph A. Weerts, 1906 Massachusetts Avenue, concerning the effects of bus fumes on the trees at the Battle Green area. The Board discussed the possibility of (1) asking bus drivers to park in church parking lots after discharging passingers; (2) Hav- ing the Visitors' Center custodian or a park Department employee monitor the buses.. The Board agreed to refer the matter to Mr. O'Connell. Chairman Kenney read a recommendation from the Board of Health that a Common Victualler license be granted to Grace Chapel for the Old Belfry Building food service area to sell pizza and steamed hot dogs during July and August, 1975. • 23 Selectmen's Meeting May 27, 1975 Upon motion duly made and seconded, it was voted to issue!a Common Victualler license to Grace Chapel for the Old Belfry Club located at Forest and Muzzey Streets; license to expire on August 31, 1975. Chairman Kenney read a request from the Boston Edison - Company and the New England Telephone Company for approval of joint J/O Poles - ownership poles, Accepted Upon motion duly made and seconded, it was voted to approve Streets the request of the Boston Edison Company and the New England Tel- ephone Company for joint ownership of poles located on streets which have been accepted by the Town, as follows: Augustus Road Bloomfield Street Hickory St"reet Vaille Avenue,_ White Terrace 10 Poles 6 Poles 8 Poles 9 Poles 4 Poles Chairman Kenney informed the Board that an invitation has, been Arlington received from the Arlington Board of Selectmen to meet and. ,discuss Red Line the MBTA Red Line Extension. Extension The Board agreed to go to Arlington on June 9 at 7:30 p.m. Chairman Kenney discussed the moratorium on the sale of tip( Tax title lots, which expires May 31, 1975, and recommended that the Title moratorium be extended only on those lots on the list being con- sidered by the Planning Board for scattered sites and, also, those being considered by the Housing Authority. All other requests to purchase lots are to be given individual consideration. Upon motion duly made and seconded, it was voted to extend the moratorium to May 31,';;1976 on the sale of those tax title lots being considered by the Planning Board and the Housing Authority. All other requests to purchase tax title lots are to bb given individual consideration by the Board. Chairman Kenney discussed recommendations from Mr. O'Connell, Community Dr. Kessler and Mrs. Patricia Swanson, Chairman of the School Cons- Relations mittee, concerning the proposal which the Board of Selectmen has Committee been considering for the establishment of a Community Relations Committee. The proposal predates the recent activities on Adams Street and particularly represents the work of Dr. Kessler and Mrs. Swanson. We will have nominations for filling the positions and will work up a formal charge of the Committee. Dr. Kessler and Mrs. Swanson's proposal is as follows: 324 Selectmen's Meeting May 27, 1975 PURPOSE: 1. To help identify problem areas in community rela- tions within Lexington. 2 To suggest possible means of coping with these problems. Mr. O'Connell's proposal: The suggested means by which this would be accomplished in- clude, but are not limited to, the following: 1. Developing and maintaining an improved channel of communication among involved and interested parties. (a) Creating a climate of calm understanding of existing sit- uations in which dialogue (not to be confused with accusa- tions, allegations, second and third -hand reports of im- proper behavior by "them") can take place. (b) Accumulating and sorting out credible information which can serve a constructive community pus9ae_ from the total information received and using it to achieve the objective. 2. Being an objective, non-ivestigative, information gathering, dialogue generating group. 3. Seek out, analyze, evaluate and recommend to the appropriate parties courses of action for consideration which might lead to problem solutions, or improvements in the current difficult situation. This would include observation of those activities currently producing potential confrontation situations. 4. Refrain from any and all actions (including publicity) which would create impressions of bias, self-interest or other positions prejudicial to the group's objective. 5. Seek out the underlying causes of the social behavior problems generating the current tensions. Suggest courses of action for correcting the root causes. Chairman Kenney: This committee would discuss broad, social issues and attack a wide variety ofproblemsin the Town, such as vandalism in schools, and problems in communication between youths and Police. Dr. Kessler: It would be metropolitan:anything in the minds of the people that they wish to discuss. It would serve as an open formum rather- than an investigative board. 1 aelectmen's Meeting May 27, 1975 Upon motion duly made and seconded, it was voted to establish the Community Relations Committee and to request the Selectmen to draw up the charge of the committee, to solicit applications from' individuals who would wish to serve, and to appoint the Committee within two or three weeks. Mr. Louis A. Zahner, Town Treasurer, members of the Appropdi- ation Committee and the Capital Expenditures Committee met with the Board.. Mr. Zehner: I would ask approval for sewer financing, For years, the New England Merchants Bank has beenagent on the sale of bonds. There are two different rating companies, Standard -Poor and Moody, which is the more common one used. Of the 261 towns rated by Moody, there are only 6 towns with AAA ratings and 55 with AA ratings, of which Lexington is one. Since 1971, we have gone from A to Al to AA. We now have $305.000 in E & D money paid into the Town and we will. have $347,000 in tax receipts by June 30 and $34,000 in undisbursed bond proceeds. We didn't pay a dime fbr tax anticipation loans since May but we will pay $24,000 interest! on bond anticipation loans; paying that, we will% have a net in- come of $357,000. We have been taking in more money from tax revenues and we have more money to invest. The Comptroller has done much to assist the Treasurer to plan the cash flow. What to do with $357,000 is the question. Next year is going to be more difficult because interest rates are going to rise. I would alert you that the fourth Clerk in the Tax Collector's office is on a sub- sidy basis expiring June 30, and it is almot imperative if that sub- sidy is not continued that she go on the Town payroll. Mr. Perry, Comptroller: I have talked about floating per soanel. Mr. Zenner: I express the hope that there can be some cash drawers.plaoed in the teller's windows in the Collector's office,', and to explore the possibility of getting a portable teller's machine of a size that could go in the vault later. Mr. Zenner: I point out that the interest costs of varying rates and maturities on $885,000 are: $88,500.@ 5% for 3 years; $132,000 @ 5% for 5 years; $264,825 @ 5% for 10 years. I ruled out the 10 years and i am in favor of the 3 years. There is a 50/50' chance that we will get a State subsidy of $40-$50,000 if we go fbr 3 years. Mr. Furash, App. Committee: I think 5 years is the sensible approach at this point in time. The state of :the bond market, rather then the rating, is the problem of uncertainty. We should look at the fact that the purpose of bonding is the tax rate and we have al- ready taken the basic steps on this burden. It was wise to go tom 5 years for the town office building and we advise 5 years this time. You won't be going out for Conservation for some time. 32.5 Treasurer Sewer Bonds 326 Solid Waste Selectmen's Meeting May 27, 1975 Mr. Silverman, Cap. Expend. Com.: I don't share Mr. Furash's feeling that we aren't going to see Conservation being asked for a long time. It would be the next Town Meeting as Conservation is actively moving ahead. I would prefer 5 years, like the town office building, and stabilize the principal payment at $180 185,000 vs. $295,000 for 3 year period. Mr. Furash: The Appropriations Committee would like to see the target for the next 10 years at $4.00 on the tax rate for debt. Mr. O'Connell: Based on the information presented, I would formally lean toward the 3 years but something makes me hesitant. I have great fear that the State of Massachusetts is going to re- pudiate some of its responsibilities and the danger is that municipalities will have a higher tax rate. So I would reluct.* antly go for the 5 years. Mr. Buse: I feel it should be 5 years, onlybecause of un- knowns. -on Conservation land suits in court and we don't know what settlements would be. The money the State would reimburse us might go down the drain on court settlements. Mr. Bailey: Emotionally, I would like to go for 3 years but the evidence says that prudence would lead us in the direction of 5 years. It was agreed that Mr. Zehner is to proceed with arrangements for' a 5 -year loan -and to come back to the Board on June 2, 1975. Mr. William Whelan, Chairman, and Mr. Peter Cambourelis of the West Suburban Disposal Committee met with the Board. Chairman Kenney: As a result of the meeting held in Cary Hall by the State Bureau of Solid Waste:, we have received a letter from Dr. Clarke of the Planning Board recommending that we revive the West Suburban Solid Waste Committee. Mr. Whelan: This committee was brought into being in 1981 be- cause of enactment of the State Legislature, and that our Town might be married to other communities. We had a unanimous feel- ing of a sensible, viable solution but none was arrived at. There is no clear solution to the problem. The State got into it and had a meeting here in Lexington with twenty or more communities that had expressed interest. Itis not a new concept but there appears to be the possibility of combining all of this junk and having the stuff converted into a usable fuel, to supplement other fuel. We should not walk away from it but express the Town's interest. Out estimated quantity of refuse amounts to 6-7 tons a day. Arl- ington and Waltham are interested, and get up to 15 tons a day. The State representatia of solid waste indicated that it is a matter of 10 years before a solution is found. As long as we carry on an improved approach to the present method of disposal Selectmen's. Meeting May 27, 1975 and prolong the life of the landfill, and pursue the thoughts that are beingexplored now, we have nothing to lose by doing this. We need take no action now but to write to the State expressing in- terest and to have someone represent the Town. Dr. Kessler: I move to appoint Mr. Whalon and his committee to represent the Town but would urge that we do it by expressing a strong interest of the Town but to acknowledge the fact that we are going to continue with what we have been doing. Mr. Buse seconded the motion. Mr. Bailey: I am not convinced. Mr. Whelan: It is my belief that they would welcome Lexington, and the committee could represent the Town at these meetings and express the Town's positive interest. Upon motion duly made and seconded, it was voted to appoint the Regional Refuse Disposal Committee as the representative of the Town of Lexington to attend meetings with the State Bureau of Solid Waste and other communities for the exploration of possible regional sol- utions to the processing and disposal of solid waste. The Conservation Commission met with the Board to discuss len- forcement on Conservation land. Chairman Kenney: We have received many letters recently and in the past few years on motor bikes, general trash, litter, and'Vand- alism on our lands. Mrs. Frick: We have asked for money in our budget to maintain and supervise the cleanup on Whipple Hill land. We would also like a fire trail, and to ask DPW to mow a path through Swanson land. I have Iust learned about the fire on Whipple Hill and was suEpris- ed that we hadn't been notified sooner. We are in the process of erecting signs at the entrance bo Whibple Hill on what will be our land. It will be our land when we get a survey and Mr. Cohen will acquire it. There is debris being dumped by Oneida and it encourages other people to dump there. I will call Onedia and see if the debris can be removed. Once it is posted, it will be treat- ed right. I would ask the Selectmen to get in touch with Winchester and Arlington, as the bikes are coming from there. We need help from the surrounding towns. Once we own the Grecian Sand, we can post:the signs and barricade the area. We need help as this -is a Town affair, not conservation, and we cane to you for direction. Mr. O'Connell: We have very limited resources for enforcement. At the Winchester line, there is a dump, and the Building Inspector has pointed this,Out. It is no different from the pattern we are running into in the parks because of night -parties. It is dif- ficult to cope with. Dr. Kessler: What about the Police mini -bikes? 3 27 Conservation Land Enforcement 328 Selectmen's Meeting May 27, 1975 Mr. O'Connell: There is only going to be limited help on night vandalism. I would suggest that the Board discuss this with the Arlington Selectmen when they meet with them as the users of mini - bikes have told us that Arlington has granted permission to them. Mrs. Frick: The Arlington Great Meadow Committee asked me_to talk with the Selectmen on bike enforcement. If we get this little piece of land on Whipple Hill, we can clean it up and encourage people to use it. Mr. Buse: Thereis no immediate solution until we have author- ity to enforce the law because of vandalism. Mrs. Frick: If more people could enjoy it, the less vandalism you would have. ft was agreed that Mr. McSweeney is to check the engineering survey and Mr. Cohen is to go forward on the legal aspects of acquiring the Whipple Hill land. Mrs. Frick: There ought to be some kind of fire trail that you could get into Whipple Hill from Winchester Drive. Mr. O'Connell: The Fire Department has looked into this as they would alike ;access. Mrs. Frick: Talking to Winchester and Arlington would help. Dr. Kessler: The problem is townwide and I -would hope that the Community Mations Committee will tackle the problem of Vandalism. I would like to see constructive forces joining in how to clean up and utilize our town land - with positive think- ing on getting vandalism under control, and to come up with a dollar figure. I urge that the Selectmen strongly suggest that the Town Manager get together with the Chairman of Recreation, Conservation, and DPW and start on a plan to utilize our con- servation land. Mr. O'Connell agreed with:.this approach but pointed out that the only practical approach is to have cleanup crews, and he quest- ioned whether the Town wants to provide forces to do this. Dr. Kessler: We could have projects by the Boy Scouts, Girl Scouts, Rotary, Kiwanis. Money is not the answer. They are not necessarily asking for DPW to pick them up but for the Town's boards and committees that are interested in this land to come up with a scheme. Mr. O'Connell: We used the resources of volunteers and it wasn't successful as it has to be done weekly. Dr. Kessler: I am suggesting that we do this on a more formal basis then ever before, while we tackle vandalism. Mrs. Battin: One lady enlisted a lot of aid and she might be willing to do it on an ongoing basis. Mr. Bailey: I don't agree with young children picking up older children's beer cans. 1 Selectmen's Meeting May 27, 1975 Mr. McSweeney: It is not a new story. If the committee Will put it together, I would like to see the Police and Fire Depatt- ment involved. DPW is maintenance and we are willing to partici- pate, but we are frustrated without some assistance for vandalism. It should be lead by someone. Dr. Kessler; It could be set up by the Conservation Committee if the Board is reluctant to ask DPW and Recreation to join in. I would like to help the Conservation Commission. Chairman Kenney: Tackle it as an item on the Community Rela- tions Committee. We will ask DPW to cooperate fully. Mr. O'Connell will ask Chief Corr to have two men on mini -bikes for inspection of these areas. Mr. Bailey: I think we should write to Winchester and Arlington in terms of the fact that it seems to be Arlington and Winche$ter kids. They should know about it. Mrs. Batting If it is predominantly Burlington kids at Willards Woods, maybe we should write to '_the Burlington Selectmen. The Conservation Commission retired from the meeting. Upon motion duly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing, deliberating, or Session voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town, or the reputation of a person. After discussion of personnel matters, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10:40 p.m. A true record, Attest: Executive Clerk, Selectmen 330 Historical Commission Council on Aging C.E.T.A. SELECTMEN'S MEETING June 2, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, June 2, 1975, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa, Kessler, and Mrs. Battin; 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 requested approval of nominees for appointment as members of the new Lexington Historical Commission. Upon motion duly zpade and seconded, it was -voted to approve the recommendation:of the appointment by the Town Manager of the following members of the Lexington Historical Commission: Richard Morehouse Ann Grady Elizabeth Rheinhardt Donna Brown Thomas Taylor Mr. O'Connell submitted nominees for appointment as members of the new Council on Aging. Upon motion duly made and seconded, it was -voted to approve the recommendation of the appointment by the Town Manager of the following members of the Lexington Council on Aging: 37 Moon Hill Road 10 Trotting Horse Drive 10 Eliot Road 3 Bond Road 64 Marrett Road Rev. Shirley B. Goodwin Ann Paranya Marian Ritter Jane Stumpp Helen Sullivan Joseph O. Rooney Anna G. Jackson 4 Westwood Road 782 Mass. Avenue 13 Pine Knoll Road 29 Charles Street 21 Liberty Avenue 222 Waltham Street 62 Bow Street Mr. O'Connell advised the Board that official notification was received today of additional funding being granted to the Newton C.E.T.A. consortium,,making it possible to extend the six C.E.T.A. positions in the Town to December 31, 1975. Chairman Kenney: Are there any funds available this year for employment of youths in the lower income bracket? Mr. O'Connell: To date, we haven't learned of any. 1 1 Selectmen's Meeting June 2. 1975 Mr. O'Donnell discussed the problem of tour bus parking, and it was agreed that guideline:should be drawn up and signs be posted on Tour Bus Loading and Unloading. Mr. Robert J. Harris, 109 Burlington Street, met with the Board to discuss the installation of sidewalk ramps thrneghout' the Town. Chairman Kenney: We have plans to construct ramps around the Green and at Buckman Tavern. we will conduct a study on the de- sign and perhaps go for more money. Mr. Harris: I think we could work out a good design. when I talked with the Lions Club, they were willing to use $2,000 for ramps if we could set up some sort of a program. I would be glad to be of any assistance in working on the design. Chairman Kenney: Will you specifically approach the Lions Club? Mr. Harris: Yes. Mr. Harris retired from the meeting. Mr. Michael Colangelo, Attorney Fred Conroy, and Mr. John Brucchi of Hinchey Road met with the Board. Mr. Brucchi: We want to make sure that no deeds are signed tonight until we have settled up with Mr. Colangelo. Chairman Kenney: We have received an agreement signed by Mr. McSweeney and Mr. Colangelo, stating that a meeting was held on May 29, 1975, between representatives of the 115 Kendall Corp- oration and the Department of Public works/Engineering relative to the final disposition of the Towns's interest in Hinchey Road. The following points were agreed upon by both parties. 1. That all earth material contained with the 6,600 sq. ft. loWn- owned parcel, commonly called the Turnaround would be hauled to the sanitary landfill at no cost to the Town. Limits of execavation would be determined by field survey and field inspection at the site by the Town. Depth of excavation is established as the average elevation of a point at the center of the parcel on a plan between the elevation of Hartwell! Avenue and the final proposed grade to the rear of the Turn- around. This quantity is estimated at approximately 5,000 cubic yards bank measure and may, after actual field measure- ment, be more or less. 2. That the Hinchey Road watermain will be cut and plugged by the Town of Lexington on August 4, 1975, at some point within the Hartwell Avenue layout. The Town will retain salvage rights to all water pipe and appurtenances to be discontinued within the layout of Hinchey Road. 33.1': Parking Tour Buses Sidewalk Ramps Hinchey Road Colangelo 332 Selectmen's Meeting June 2, 1975 3. That no poles, or wires attached thereto, belonging to the New England Telephone Company will be discontinued or re- moved prior to August 1, 1975, or until all dwellings served by same are vacant. We now believe that these conditions satisfy the engineering con- siderations relative to this matter and therefore recommend that the Board proceed with the sale of this parcel if this meets with your approval. May 29, 1975 (Signed) John J. McSweeney Michael L. Colangelo for 115 Kendall Corp. Chairman Kenney: Additionally, there is an amount of $6,000 to be paid by 115 Kendall Corporation to the Town of Lexington, in accordance with Article 32 of the 1974 Annual Town Meeting. We could vote to sign the transfer or property subject to final approval of Town Counsel. Mr. Cohen: The Board could vbte to sign with instructions to Town Counsel not to deliver it until all conditions are compiled with. Upon motion duly made and seconded, it was voted to sign the following conveyance, subject to the condition that Tera Counsel is not to deliver it until all conditions are complied with: "The Town of Lexington, a municipal corporation duly organised and situated in Middlesex County and the Commonwealth of Mass- achusetts, acting by its Board of Selectmen, under and by virtue of the power conferred upon it by vote of the Town Meeting held April 4, 1974, and every other power, for consideration of Six Thousand Dollars ($6,000.00) paid grants to Michael L. Colangelo and Josephine Colangelo, husband and wife as tenants in common, of 115 Kendall Road, Lexington, Middlesex County, Commonwealth of Massachusetts, a certain parcel of land situated on Hinchey Road in Lexington, and containing 6600 sq. ft. of land. Said parcel is more particularly described in a taking by the Common- wealth of Massachusetts Department of Public Works recorded with Middlesex South District Registry of Deeds in Book 9334, Page 33 to Page 38, as follows: .... by a line beginning at a point on the southeasterly location line of the 1930 Town layout on Hinchey Road bearing south 26° 23' 41" west and 100.00feet distant from a point on said Town location line bearing south 60° 25' 52" east and 109.41 feet distant from Station 76 + 13.77 of the main base line hereinbefore described, and extending thence, leaving said Town location line, Selectmen's Meeting June 2, 1975[ south 63° 35' 19" east 55.00 feet; thence south 26° 23' 41" west 120.00 feet; thence north 63° 36' 19" west 55.00 feet to a point again on said Town location line; thence follow- ing said Town location line north 26° 23' 41" east 120.00 feet to the point of beginning. The above described parcel is hereby conveyed subject to, easements, restrictions and covenants and agreements running with the land, if any of record, so far as now in force and applicable. The above described parcel is also conveyed subject to the conditions that (i) the grantee will not lower or alter in any manner Hinchey Road unless written agreements are first received from the owners of the property that contains domestic dwellings and abuts Hinchey Road and (ii) the grantor shall have the right to remove all gravel from the parcel as specified in a separate agreement between the grantor and grantee. In witness thereof, the said Town of Lexington has caused its seal to be hereto affixed and these presents to be signed, ackwowledged and delivered in its name and behalf by a majority of its Board of Selectmen hereto duly authorize this 2nd day of June 1975. (Signed) Allan P. Kenney Fred C. Bailey Alfred S. Buss Margery M. Battin Howard M. Kessler Mr. Zehner came into the meeting and recommended date of the sale of bonds be set for July 9. 1975. He by that time, the situation in New YOrk City should be and July 9 would be a good date for 5 -year bonding. Upon motion duly made and seconded, it was voted the recommendation of the Town Treasurer to go for the of 5 -year banding;in the amount of $885.000 on July 9, that thle said that, solved,', to accept funding 1975. Mr. Zehner requested approval -of a $150,000 bond anticipation loan from the lowest bidder, the Harvard Trust. Company, at 2.09 percent, to be dated June 6, 1975, and maturing on August 15, 1975. He explained that he would borrow enough money to pay $50,000 for D.P.W. on Friday, and the remaining $100,000 for bills payr able the second week in July, Treasurer Treasurer Handbills Tewksbury Street Easements Board of Appeals Selectmen's Meeting June 2, 1975 Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Treasurer for a bond anticipation loan from the Harvard Trust Company in the amount of $150,000 at 2.09 percent, notes to be dated June 6, 1975, and maturing on August 15, 1975. The Board discussed a dentist bill submitted for Patrolman D'Auria and Mr. O'Connell agreed to come back to _the Board with a breakdown of the dental work performed. Mr. O'Connell discussed handbills being placed under wind- shields by a local establishment and agreed to contact the owner and, also, to request the assistance of the Chamber of Commerce to prevent future occurrences. Mr. Cohen recommended that the Board sign two easements, one for a storm sewer easement and one for temporary construction easements both on Tewksbury Street. The storm sewer easement is on the property of the Lexington Housing Authority. Upon motion duly made and seconded, it was voted to sign the taking of a storm sewer easement on Tewksbury Street, and the taking of temporary construction easements on Tewksbury Street. The Board discussed a letter from the Board of Appeals concern- ing an amendment to the Rules and Regulations of the Board of Appeals and, also, a proposal concerning the charge to petitioners regatding hearing coats. It was agreed to inform the Board of Appeals that the Selectmen have no objection to the addition to Section B. la. of the Addendum of the Rules and Regulations of the Board of Appeals concerning filing fees and permits as follows: "The filing fee required hereunder is not in lieu of any other fee required by law. If a permit is granted hereunder, the applicant shall pay the fee required for a building or offer permit at the time of submission of detailed plans and specif- iaatstml to. the Building Commissioner." also, the Selectmen have no objection to the proposal that the Board of Appeals would determine the charge to petitioners when large numbers of abutters must be notified. However, Town Counsel is instructed to work with 'the Board of Appeals on the details. 1 Selectmen's Meeting June 2, 1975 The Board discussed a report from the Traffic Safety Committee Meriam & in response to the requests received from the Merriam Hill Association Hancock concerning traffic and safety conditions on Meriam and Hancock Streets. Streets It was agreed to write to the Association and inform the members of the following action by the Board: A. To approve the recommendation of the Traffic Safety Committee :that the Public Works Department be instructed to check for any missing speed limit signs on Hancock Street, and to re- place any that are missing. B. To take under advisement the request to move the "heavy truc-- ing excluded" sign 40' south of its present position on Hancock Street. The Traffic Safety Committee report points out that this sign cannot belegallyenforced because an alternate route for trucks cannot be provided and, thereforew.recommends that this, and other similar signs, be removed. C. To approve the -recommendation of the Traffic Safety Committee that a solid yellow center line be painted on Hancock Street between Hayes Avenue and Adams Street to prevent passing. "No Passing" signs cannot be -installed if the passing sight dis-, tante is 400 feet between Bedford Street•and-Hayes Avenue. D. To request the Police. Department to continue with the policy of strict enforcement on Hancock Street regarding the speed limit and no passing. A E. To approve the recommendation of the Traffic Safety Committee to deny your request to remove a parking meter -from the corner of Massachusetts Avenue and Mariam Street. F. To accept the recommendation of the Traffic Safety Committee that parking not be restricted to one side only on Mariam St set between the g & M Railroad and Patriots Drive, as the benefi s gained could not be equated with the loss of valuable parking spaces; to do so, it is felt that cars would then park farther up Mariam Street. Chairman Kenney read a report from the Traffic Safety Committee concerning a request from the Historical Society that parking be limited to one side of Hancock Street, especially during the tourist season. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Committee to deny the request of the Historical Society for parking on one side only on Hancock Street. Parking Hancock Street 386 Traffic Castle Road Traffic Kimball Road Signs Parking Waltham St. Bus Stop - Worthen & Baskin Rds. Selectmen's Meeting June 2, 1975 It was agreed to write to the Historical Society that it is the feeling of the Board and the Traffic Safety Committee that there is no particular problem at this time but, if conditions warrant it, the Police Department has the power to institute immediate parking regulations anywhere in the Town. The Board discussed a report from the Traffic Safety Com- mittee concerning a letter from Mr. Gordon Baty, 11 Castle Road, regarding traffic conditions on Castle Road. Upon motion duly made and seconded, it was voted to approve the recommendation of the Traffic Safety Committee. for the in- stallation of two "Go Slow Children" signs, one at Franklin Road and one at Hayes Avenue. Mr. McSweeney was instructed to make arrangements for the installation of these two signs. A report from the Traffic Safety Committee was read, stat- ing that it is not possible to approve Mrs. DeSimone's request for warning signs on Kimball Road as it is an unaccepted street and, therefore, there is no authority for the erection of signs. It was agreed to so inform Mrs. Michael L. DeSimone of 8 Kimball Road. The Board discussed a report from the Traffic Safety Com- mittee in response to a request from Mr. Louis H. Spencer, 52 Waltham Street, to limit parking on Waltham Street for one hour between 9:00 a.m. and 9:00 p.m. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Committee that no action be taken on Mr. Spencer's request for the following reasons: 1. The Committee feels that ample restrictions exist in this area and that the parking system works efficiently, as none of the other businesses on Waltham Street have contacted the Town expressing displeasure. 2. The Police Department has provided the Spencer Funeral Home with special signs to reserve certain spaces for funerals and visiting hours. This was done as a courtesy and is not mandated by law. Chairman Kenney read a recommendation from the Traffic Safety Committee to delete the bus stop at Worthen and Baskin Roads. Upon motion duly made and seconded, it was voted that the Traffic Rules and Orders of Lexington, adopted by the Board of Selectmen on November 13, 1967, are hereby amended as follows: 1 Selectmen's Meeting June 2, 1975 By deleting from Article V, Section 3, Sechdule 2, the following bus stop: Location Side From To Worthen Road West 75 Feet South of Baskin Road 135 Peet South of Baskin Road Upon motion duly made and seconded, it was voted to table the recommendations of Mr. William Page for appointments to the Cable Television Advisory Committee pending a meeting with Mr. Page oh next Monday. Upon motion duly made and seconded, it was voted to grant peri' mission to Mr. Irving Lippert, 38 Robbins Road, to close off a portion of Watson Road for a block party on June 21 (rain date June 22) from 5 to 7 p.m. The Board discussed a request from the Church of Christ Or the use of the Battle Green during. June and July. Upon motion duly made and seconded, it was voted to grant 'er- mission to the Church of Christ for the Christain Chorus to sing on the Battle Green on the following Saturday afternoon: June 14 - 21 - 28 July 5 - 12, 1975 Upon motion duly made and seconded, it was voted to approve request of the Director of Public Works/Engineering to sign the following contracts: the Contract 76-15-E Construction of Recreation Service Building $27,900 Contract 76-18-E Construction of Animal Shelter - $17,52bj Both contracts were awarded to Valid Restoration Corp., ford Contract 75-11-E Construction of Sewers - $184,843 Awarded to Po -Mar Contracting, Inc., Cambridge • Chairman Kenney read a letter from Mr. & Mrs. Hobert Bacon, 102 Mariam Street, requesting the assistance of the Board concerning two Shepherd dogs owned by Mr. & Mrs. William Kealey of 100 Meriam Street. The letter claims that the dogs are kept in a kennel -type pen adjacent to the Bacon property line, are constantly barking and straining at the sides of the pen. 337 CATV Appointments Perait Battle Green Perait Contracts 76-15-E 76-18-E 75-11-E Kealey - Bacon Dog Complaint 338 Selectmen's Meeting June 2, 1975 Mr. and Mrs. Bacon and Mr. and Mrs. Kealey were present at the meeting. Chairman Kenney: Perhaps the Kealeys could move the pen to the other side of their property. Mrs. Kealey: The pen in only a temporary pen and a permanent one could be ready by the fall, plus a stockade fence. Mrs. Bacon: We wouldn't have brought this up before the Board if Mr. Kealey hadn't said the pen was there for spite. We do have a three year old child; however, we do not want a fence put up to eliminate the dogs coming over as we have a patio with flowers and shrubs and it would be ruined. t; Chairman Kenney: There is a problem and, hopefully, you can work it out. We can't make a canclusion tonight. Mr. Bailey: We don't have a legal basis to this time. The only way is if the request a legal dog hearing. Chairman Kenney: Do you intend to file for a dog hearing? Mr. & Mrs. Bacon: We certainly do. The Kealeys and Bacons retired from the meeting. Sinek Chairman Kenney read a report from Mr. McSweeney, Director of Water Lien Public Works/Engineering, stating that the records have been re- viewed concerning the water lien of $46.29 against the property at 46 Lowell Street, owned by Mr. and Mrs. Joachim Sinek of 8 Robbins Road has been properly assessed and processed according to the department's procedures. Mr. Cohen: This property was purchased in 1974 from Mrs. Seitz and, before passing papers, Attorney Dean Nicholson requested and received from the Tax Collector a Tax Lien Certificate but it did not show the water lien. We did issue the certificate in error, and it is true we did make the error but, in my opinion, this lien is properly assessed and should be paid. Chairman Kenney: The prior owner, Mrs. Seitz, should pay it. Dr. Kessler moved that the lien be waived. Mr. Cohen: I would point out that when these things are com- mitted, there are various places the Tax Collector has to look. It is a risk involved in many conveyances. The Board agreed to write to Mr. Sinek informing him that we regret an error was made concerning the accuracy of the lien cer- tificate issued by the Tax Collector's office. However, we feel that the bill is properly assessed against the property at 46 Lowell Street and it should be paid. In fairness, we also feel that it should be paid by the former owner and recommend that Mrs. Seitz be again contacted in the hopes that Mr. Sinek is able to convince her of her obligation. Selectmen's Meeting June 2, 1975 Upon motion duly made and seconded, it was voted to approve the recommendation of Mrs. Anne Scigliano to proclaim June 12, 13 and 14, 1975, as Bicentennial Bloodmobie Days in -Lexington. Chairman Kenney discussed a request from Major Donald Rhoads for the Selectmen to update the membership of the Hanscom Com- munity Council so that arrangements may be made for a meeting of Councils from the surrounding towns to dlsouss focus and di-•• of mutual interest to all concerned. Upon motion duly made and seconded, it was voted to appoint. Chairman Allan F. Kenney a member of the Hanscom Community Council, replacing Alan G. Adams. The Board agreed to confirm the continued participation of the following charter members of the Council, in accordance with the vote of May 24, 1965; Lincoln p. Cole, Jr., Otis'S. Brown, Jr., Arthur E. Burrell, and Raymond E. Barnes.. Chief Corr came into the meeting and agreed to designate a 1 member of his staff to represent the Board at the proposed meets ing• A letter is to be written to Major Rhoads informing him of the action of the Board. The Board discussed a request from Dr. Eric. Clarke, Chairman of the Planning Board, for the appointment of a representative of the Board of Selectmen on the Committee on the rloals and Objectives of Town Planning. This Article was approved by Town Meeting with an appropriation of $5,000. Upon motion duly made and seconded, it was voted to appoint Dr. Howard M. Kessler as the representative of the Board on the Committee on the Goals and Objectives of Town Planning. Upon motion duly made and seconded, it was voted to go into'I Executive Session for the purpose of discussing, deliberating or voting on matters which,if made public, might adversely affect the public' security, the financial interests of the Town, or the reputation of a person. After discussion of matters concerning possible litigation, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 11:20 p.m. A true record, Attest: Executive Clerk, Selecctmed 6339 Blood mobile Hanscom Community Council Planning Goals Objectives Committee Executive Session 340 Jurors Minute Men Pepsi-Cola Treasurer SELECTMEN's MEETING June 16, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Roorp, Town Office Building, on Monday, June 16, 1975, at 7:30 p.m. Chairman Kenney, Messrs: Bailey, Buse, Kasaler, and Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engihaering; Mrs. McCurdy, Executive Clerk, were present. At the request of the Town Clerk, the following jurors were drawn: William C. Sears Edith C. Noyes lama`s` Woodbury Ann B. Jones 195 Burlington Street 28 Nickerson Road 6 Lincoln Terrace 18 Constitution Road Lt. John Kavanaugh of the Lexington Minute Men, Inc. and Mr. John Nicolella of Wakefield/Orloff Company, California, met with the Board to request permission for a Pepsi-Cola TV commercial to be filmed in Lexington. The Minute Men had agreed to endorse the product and would like to appear in a parade and participate in a repast of Tower Park. Permission was requested for clos- ingcdMMuzaey Street, Raymond Street, a section of the municipal parking lot whirls exits onto Muzzey Street, Massachusetts Avenue at the Battle Green, and for the use of Tower Park for the erection of a tent. The participants would be filmed enjoying a collation including Pepsi-Cola. The events.would hopefully take place on the weekend of June 20, 21 and 22, 1975. The Board discussed the request and agreed that it would be impossible to impede the traffic flow on a busy weekend in the Center. However, there was no objection to the use of Tower Park on Saturday morning. The matter was referred to the Town Manager with the under- standing that all details are to be finalized with him before permission is granted. Mr. Louis A. Kenner, Town Treasurer, met with the Board to request permission for borrowing $50,000 to be used in the con' struction of the North Lexington pumping station. It was rec- ommended that the bid be awarded to the Harvard Trust Company, the lowest bidder at 2.30 percent. Selectmen's Meeting June 16, 1975 Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Treasurer to award the bid for borrowing $50,000 in anticipation of taxes to the Harvard Trust Company at 2:30 percent; notes to be dated June 27, 1975, and maturing on September 12, 1975. Mr. Zehner: If we receive federal reimbursement, the loan will be paid offs if not, I will have to come back to the Board for additional money. Members of the Lions Club met with the Board to request that the 4th of July carnival be extended one more day to Saturday, July 6th, with dismantling to be done on Sunday. Upon motion duly made and seconded, it was voted to grant per- mission to the Lions Club to conduct the 4th'of July carnival an additional day, Saturday, July 6, 1975, from Noon to 10:00 p.m., with the understanding that dismantling of carnival eqUipmentis to commence on Sunday, July 7, at 9:00 a.m. Mr. William Page net with the Board to discuss his reconm►en-- ations for appointments to the Advisory Committee on Cable Tel- evision. Mr. Page: I have given you my recommendations for appoint- ments to CAVT, plus a list of citizens who are willing to serve as consultants. This would reconstitute the committee to con- sist of seven members, who would continue as the official ad- visory committee when, and if, the licensing process is triggered. Their charge would be: (a) To hold hearings on the subject of ownership and oper- ation; (b) To make a specific recommendation to the Board of Selectmen regarding ownership and operation of a Cable system for Lexington; (c) To continue to prepare for the time when the licensing process is officially triggered; (d) To recommend the structure and functions of a permanent overseeing commission to promote the best interests of the Town once a cable system has been installed and operating. Upon motion duly made and seconded, it was voted to appoint the following members of the Advisory Committee on Cable Television: William R. Page, Chairman Howard Cravis Ira Stepanian John E. Ward Allen Lee Whitman Martha Wood Sandra Small 34.1,. 4th of July Carnival CATV Appointments 342 East Lex. Library Consulting Engineer Selectmen's Meeting June 16, 1975 Mr. Page retired from the meeting.. Mr. O'Connell informed the Board that a recommendation has been received from Mr. McSweeney to approve the contract for the services of Mr. Leo Brissette as Consulting Engineer on the plans and spec- ifications for air conditioning the Cary Memorial Branch Library, authorization is contained in the appropriation under Article 30 of the 1975 Annual Town Meeting. Upon motion duly made and seconded, it was voted to approve the recommendation for the services of Mr. Leo Brissette as Consulting Engineer on the plans and specifications for air conditioning the Cary Memorial Branch Library in East Lexington, in the amount of $1400.00. New Dog Mr. O'Connell announced the appointment of Mr. Barry Litteton Officer/ as Animal Control Officer and Animal Inspector, effective June 30, Animal 1975. Inspector Mr. O'Connell said that he would like to publicly thank Dr. Howard Smith for his services as the former Animal Inspector for the Town. Transfer Mr. O'Connell discussed requests for transfers. Through May Requests 27, we have granted $73,216. Pending before the Appropriation Committeeisa request for a transfer of $1,500 to Account 5550 -Traffic Regulations and Control. Tonight, we are recommend- ing requests for the following transfers: Transfer Account 1090 Account 7500 -Library Personal Services $2,000: Requirements of the new minimum wage law which were unforeseen when the budget was submitted. Upon motion duly made and seconded, it was voted to request the approval of the Appropriation Committee for a transfer from the Reserve Fund to Account 7500 in the amount of $2,000. Account 1090 -Professional Services -$12,160.00: Because of the personnel project, work was performed by outside consultants instead of employees, and the cost must be charged to this expense account. Personnel Services account provides $20,000 for the work if performed by the planned Personnel Adminis- trator. These funds will be returned to E & D, more than offsetting the added funds requested. Upon motion duly made and seconded, it was voted to request the approval of the Appropriation Committee for a transfer from the Reserve Fund to Account 1090 in the amount of $12,160.00. Selectmen's Meeting June 16, 1975 Account 5700-Sewet Maintenance -$4,400.00: For outstanding purchase orders; Boston Edistnl-utility service, New England Telephone Company -utility service. Upon motion duly made and seconded, it was voted to request the approval of the Appropriation Committee for a transfer from the Reserve Fund to Account 5700 in the amount of $4,400.00. Account 3300 -Health Expenses -$500.00: At the time of 1974-75 'TowrMeeting, a misunderstanding occurred in regard to the L.V. N.A. budget and $1300 more monies were granted from the Health Department EBpense Account than was allowed by the Health De* partment. By cutting expenses closely, it was possible for the department to cover this deficit by all but $500.00 of the $1300.00. Upon motion duly made and seconded, it was voted to request the approval of the Appropriation Committee for a transfer from the Reserve Fund to Account 3300 -Health Expenses in the amount of $500.00. Account 1775 -Law Expenses -$8,310.19: Mr. Cohen, Town Counsejl, requests the transfer because of the following legal matters': $1080.10 paid to Paul G. counihan, Esq. to represent the Planning Board in the Planning Office for Urban Affairs, Inc, suit. $3809.29 for Lexington's share Of the Minuteman Sehooll suit which resulted in additional reimburse- ment td' the Town. $3420.80 for Lexington's contribution to the Police Civil Service suits in the Massachusetts Supreme Judicial Court and Federal District Court which resulted in additional appoint- ments to the police department. Upon motion approval of the Reserve Fund to duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Account 1775 -Law Expenses in the, amount of $8,310.19. Account 5400 -Highway Maintenance -$1,975.00: Town Counsel has settled Mrs. Kachinsky's claim against the Town in this amount.' This method of handling was chosen over the alternate of requesting the State Emergency Finance Board's approval and adding to the tax rate. Upon motion duly made and seconded, it was voted to request the approval of the Appropriation Committee for a transfer from the Reserve Fund to Account 5400 -Highway Maintenance in the amount of $1,975.00. Transfer Account 5700 Transfer Account 3300 Transfer Account 1775 Transfer Account 5400 - Sub - Item 440 344 Selectmen's Meeting June 16, 1975 The Appropriation Committee met with the Board. Transfers Chairman Kenney informed them of the requests for transfers and the Appropriation Committee agreed to discuss at their meet- ing later on in the evening. Chairman Kenney: We met again with the Personnel Advisory ADL Plan Board and their recommendation is for acceptance and implementation of the Arthur D. Little personnel plan. Mr. O'Connell: Basically, there are two bodies of material available relative to the classification compensation plan. I have sent the ADL final plan and material to the Appropriation Committee; also, the Town Manager's recommendations relative to the adoption. Chairman Kenney: We are in the process of appointing a Com - Compensation pensation Review Board. We have some "red line" cases that are Review hard to administer. Board Mr. Furash: It is to be an internal board? Chairman Kenney: The Personnel Administrator would be one person on it. This will give the employee an opportunity to appeal. Mr. Furash: What is the appeal or review process? Mr. O',Connell: The process will actually be different - an appeal on salary would come back to the Manager; on-going review can come back to the Selectmen. Chairman Kenney: Mr. Butler (Chairman of Personnel Advisory Board) has said that these are the details to be worked out. Mr. Furash: I will read the material and get back to you. Mr. O'Connell: Specifically read the material and we will go over the plan with you. Chairman Kenney: We are concerned with implementation. Mr. Furash: I would communicate to you that during the next few months we would like to: 1. (a) Improve the process that went on at the last meeting concerning Articles 4 & 5. (b) Basically, the timing of budgets. (c) Detailed data on personnel structure. (d) The whole question of Town Meeting timing. We view this as an important matter and would like to get at it as soon as possible,in the fall. 2. You did caner_ personnel status and the Personnel Director, and we would also like to discuss the next step relating to personnel process of manpower justification; new positions; increases in manpower justification - all wrapped up with the Personnel Ad- visory Board. 1 Selectmen's Meeting June 16, 19175 3. Selectmen, Town Manager, TMA, and Appropriation Committee to work on standard operation procedure of citizen articles. We see an increasing number of such articles. To provide the citizens with a checklist of procedures; justification of what they are responsible for providing. Touch bases with them as they need help on them. Citizens don't know what they have to do. Get a good, solid S.O.P. Chairman Kenney: I think it would be a great project for TMMA. Mr. Furash: We feel it would substantially improve the procedure on citizens' articles. 4. Mr. Furash: We did not have a meeting of the minds on the sub- ject of inspection - what your plans are:.and the budgetary effect - an entire package of inspection activities through Conservation, Health, etc. We are concerned that the cost of inspections should be looked at from a total view and, befejre job descriptions, to discuss philosophy. It ties into public safety, which includes fire and police. 5. Encumbered Accounting: We have not had an in-depth evaluation of purchasing and bidding for three years. It is periodic! review. Improvement in management controls, which we know the Comptroller has worked on - and we would like a general review on purchasing control procedures. 6. We will be submitting to the Selectmen a requested By -Law dhange Mich would have the Appropriation Committee appointed for the fiscal year. Chairman Kenney: I will keep notes the first fall meeting. Prior to that, to the Arthur D. Little Report. The Appropriation Committee retired on them .and we will have we will hear your reaction from the meeting. Chairman Kenney read a letter from Mr. Robert Currie.claimiing that priorities on the use of Town ball fields are biing given to Lexington Youth Baseball and Triple A League rather than the newly -formed Lexington Little League. After a length discussion concerning the late written appli- cation for the use of Town fields bythe Lexington Little League, it was agreed that all groups are to work towards a compatible arrangement for Little League to use the fields on open dates. The Lexington Little League was strongly urged to submit a ■chedule of games early next yearin order to avoid future cOn- flict. 345 Lexington Little League - Use of Town Fields s 34(6 LeBellecour Common Victualler Function Room Courtyard - Seasonal Hearing Date DPW Employee Sick Leave Lead Paint Inspections - Bd. of Health Executive Session Battle Green Permit Selectmen's Meeting June 16, 1975 Chairman Kenney read an application from Attorney Brant Russian for an extension of the premises at 10-12 Muzzey rent covered under the Common Victualler license for LeBellecour Restaurant to include the downstairs function room and the oourtyard. Also, an application for an extension of the All Alcoholic Beverages Common Bivtualler liquor license to include the downstairs function room and courtyard. Upon motion duly made and seconded, it was voted to approve the request for the extension of the Common Victualler license to in- clude the downstairs function room and courtyard at LeBellecour Restaurant at 10-12 Muzzey Street from May 1, 1975 to October 15, 1975 for the following hours: Monday through Saturday 11:00 a.m. to 11:00 p.m.; Sunday 4:30 p.m to 10:30 p.m. Permission is grant- ed subject to meeting the requirements of Town Departments involved. Upon motion duly made and seconded, it was voted to set the date of the hearing on the application for an extension under the All Alcoholic Common Victualler liquor license for. June 30, 1975 at 7:30 p.m. Mr. O'Connell requested approval of an extension of sick leave for a Public Works employee. Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager for a 30 -day sick leave extension for Alfred D. Bennett, DPW employee. Mr. O'Connell expressed his concern on the increased workload assumed by the Board of Health upon the State mandate regarding lead paint inspections when a home is sold. The equipment costs between $4-5,000. Dr. Kessler: Is it possible to have a cooperative venture with a few other towns? Mr. O'Connell: We are looking into it. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town, or the reputation of a person. After discussion of a matter concerning the police department, it wee voted to go out of Executive Session and resume the open meeting. Upon motion duly made and seconded, it was voted to grant per- mission to the Lexington Bicentennial Band for the use of the Battle Green on June 24, July 15 and 29, August 12 and 26, 1975. Selectmen's Meeting June 16, 1975 Upon motion duly made and seconded, it was voted to approve the recomimendation'of the Director of Public Works/Engineering to sign the Order of Construction of Sewer on the following streets: Summer Street, from existing sewer 1310 feet, more or less, to Lexington -Arlington line. Peachtree Road, from Woburn Street to Blodgett Road Bates Road, from Wood Street 959 feet, more or less, to endl at cul-de-sac. Scotland Road, from Appletree lane southerly 470 feet, more'. or less. Appletree Lane, from Peachtree Road 1030 feet, more or less, Waltham Street, at 365 Waltham Street 100 feet more or lessf. Upon motion duly made and seconded, it was voted to sign the Order of Sewer Taking on Banks Avenue from #17 to #33, and #16 to #32, 250 feet, more or less. Chairman Kenney read a letter from Distict-Highway Engineers, Mistretta of the State DPW relative to the installation of traffic control signals at Bedford/Winter Streets. The letter states, although our study indicates that traffic control signals at this intersection would be to the advantage and safety of the residents of Lexington using the Winter Street. intersection, the Department would be willing to waive the re- quirement that this intersection be signalized before a permit is issued to Spaulding & Slye Corporation for the construction of a one-way access from the Hartwell Avenue jug handle to the proposed Drummer Boy Green Condominium complex, subject to nine! conditions." After discussion, the Board agreed to the nine conditions outlined by Mr. Mistretta and a letter is to be written to thin effect. Upon motion duly made and seconded, it was voted that the Board'of Selectmen;; agrees to the following conditions regard- ing the intersection of Bedford Street (Routes 4:&'225) and Winter:. Street:. 1. The Town of Lexington is not desirous of having traffic conitrol signals installed at the intersection of Bedford Street and Winter Street _at this time. 347 Sewer Construction Orders Sewer Taking Order Traffic Signals Bedford & Winter Ste. 348 Permit Selectmen's Meeting June 16, 1975 2. Of the Town of Lexington at a later point in time wants traffic control signals installed at this intersection, a preliminary traffic investiagtion would have to be made in order to de- termine if the then existing Department warrants for traffic control signals can be met. 3. The information collected and compiled would then be forwarded to the Department for authorization granted to the Town of Lexington to conduct a detailed traffic study in order to de- termine the type and functional operation of the proposed traffic control signals as they relate to the.area and the adjoining signalias& intersection at Hartwell Avenue. 4. The completed authorized study will subsequently be submitted to the Department for revisions or approval. 5. After the required approvals, the Town would -than be responsible for preparing Plans and Specifications for the.proposed traffic control signals and will require approval of these documents by the Department before advertising the project for bids. 6. The Town of Lexington will then enter into an Agreement with the Department authorizing the installation of traffic control signals at this location. 7. Prior to the award of a contract by the Town of Lexington, the Department will have to approve the recommended contractor as well as the equipment proposed for this installation. 8. The Town of Lexington will be responsible for supervision of the contruction project - and, upon completion, certification as to its compliance with the Department standards. 9. After final acceptance, the Department will assume ownership from the Town of Lexington of this traffic control system and will be responsible thereafter for future maintenance. All future electrical charges will be borne by other than the De- partment. Chairman Kenney read a request from L. W. Cullen Company, Boston, to haul a Boston Edison transformer to Maguire Road and Hartwell Avenue (route starts in South Lincoln to Bedford to Lexington). A report from the Director of Public Works/Engineering recommends that approval be granted as his department had checked out the route. Upon motion duly made and seconded, it was voted to grant the request of L. W. Cullen Company for permission to. haul a transformer for the Boston Edison Company to Maguire Road and Hartwell Avenue, subject to the conditions set forth by the Public Works Department and the Police Department. Selectmen's Meeting June 16, 1975 The Board discussed a request from Mr. Robert Hilton, Direckor of the Cary Memorial Library, to use the parking lot behind the library for summer workshops. Upon motion duly made and seconded, it was voted to grant per- mission for the use of the parking lot behind the Cary Memorial Library for summer workshops on the following dates: July 9, 17, 21, 23, 24, 28, 31; August 4, 7, 14, 18, 21, 1975 Chairman Kenney read a report from Mr. John J. McSweeney, Director of Public Works/Engineering, concerning Alternative No. 2 of the Route 2 relocation, as follows: "This departwent has reviewed alternative No. 2 and submits these comments for consideration: The relocation and alteration of Route 2 proper appears to have little or no impact on Lexington, as only a few hundred feet in Lexington are involved. However, in conjunction with the Route 2 project, the Massachusetts Department of Public Works has pro- posed two new roadways which would connect Route 2A and Route 2i. The first of these two proposals calls for a roadway along the westerly (southbound) side of Route 128 and extensive al- terations to Interchange 45, at Route 2A, and to -Interchange 464 at Route 2. This proposal appears to be adequate for westbound Route 2A traffic. However, this no provision for traffic traveling north on Route 128 and wishing to enter the National Park to exit at Route 2A and proceed westerly on Route 2A to the park. The second proposal calls for an extension of. Massachusetts Avenue from Route 2A at the Vocational High School to Route 2 ih Lincoln. Special consideration should be given to the capacityi of this road and its intersection with Route 2A to ensure efficient operation under maximum school, local, tourist and through traffic loads. Relative to parking, Lexington should look favorably on mak*ng part of the sanitary landfill available for this purpose. Howelver, location of a fringe parking area in the landfill should be co- ordinated with the proposals for the Red Lina Extension and the Hartwell Avenue Connector, two proposals which Lexington should vigorously support. In conjunction with these proposals, it may be necessary to construct additional service roads with direct access to Route 128. However, further studies need to be per- formed before such a determination can be made. In conclusion, it will be this department's policy in further reviews to give greatest consideration to those alternatives which cause the least amount of takings of residential propertyi. We feel that this is as high a priority issue as are the environ- mental concerns and safety aspects involved in the overall Routie 2 and related proposals." 349 Library Workshops Route 2 Relocation 350 Abatements Water Bill & Ambulance Historic Route Signs Brigham's Buttrick's Hours of Operation Town Meeting Forum • • Selectmen's Meeting June 16, 1975 After discussion, the Board agreed that the Hartwell Avenue connector has high priority, the position on the lead Line ex- tention hasn't changed, and parking is secondary. Mr. McSweeney is to make arrangeeents for an informational meeting to be held in Estabrook Hail to discuss the status of the Route 2 environ- mental impact statement and the Hartwell Avenue connector with all concerned abutters. Mr. McSweeney's report, with the paragraph relative to park- ing deleted, will be given to the consulting firm of Skidmore, Owings & Merrill. Upon motion duly made..and seconded, it was voted to accept the recommendation of the Director of Public Works/Engineering to abate the following water bill: Howard C. Cobbs 134 Vine Street $103.73 Charged in error Upon motion duly made and seconded, it was voted to accept the recommendation of the Tax Collector to abate the following ambulance bill: Frank Scurto 34 Clarke Street $10.00 Town Employee taken from Barn Chairman Kenney read a letter from the Massachusetts Bi- centennial commission informing the Town that the historic route signs are ready for delivery to the Town. The Board agreed to accept the historic route signs with the understanding that installation will be done by the Public Works Department. Upon motion duly made and seconded, it was voted to grant per- mission to Brigham's and Butterick's for extension of hours under their Common Victualler licenses to 12:00 midnight. (Present houre are 7100 a.m. to 10:00 p.m.) Chairman Kenney read a letter from Mt. Howard Gravis of the Town Meeting Members Assocation requesting suggestions from the Selectmen as':to possible topics for discussion at the proposed Town MeetingForums in the fall. Tne Board agreed to reply to Mr. Cravis that, at this point in time, there is no particular topic to be recommended for discussion at the proposed Forums. However, TMMA might bb interested in undertaking a project which had been suggested by the Appropriation Committee relative to setting up guidelines for people who are interested in insetting future citizens' • articles. • • 1 'Selectmen's Meeting June 16, 1975 Upon motion duly made and seconded, it was voted to table the memo from the Conservation Commission regarding the Whipple Hill Land Management Program. Upon motion duly made and the following bonds: seconded, it was voted to approve Mrs. Norma Jervis, Assistant Town Clerk, Mr. Guy D. Buss, Constable, $3,000 $2,000 Conservation Commission Land Management Bonds Upon motion duly made and seconded, it was voted to approVe the recommendation of the Town Clerk to appoint the following Election Officers for the Town of Lexington: Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. DEMOCRATS Lorraine C. Baron Ann M. Baum Anna M. Bushard Mary C. Casey Mary H. Coyle Elisabeth F. Downey Mary J. Ferry Eileen J. Fradette Helen G. Garten Helen M. Hoyle March C. Joseph Rita E. Kiley Edna F. Marshall Joan H. McDonough Mr. Henry P. Meade Mrs. Marjorie Modoono Mr. L. Francis Murphy Mrs. Mary G. Oliver Mrs. Margaret M. Potter Mr. Joseph O. Rooney Mrs. Helen C. Rooney Mrs. Dorothy A. Shine Mrs. Mary V. Spencer Mrs. Marie T. Walton Mrs. Anne C. Williamson 1 236 Worthen Road 4 Wright Street 25 Hawker Street 22 Valley Road 20 Walnut Street 1 Stimson Avenue 50 Downing Road 35 Grapevine Avenue 11 Fairview Avenue 7 Marshall Road 32 Eldred Street 37 Wachusetts Drive 110 Woburn Street 123 Grant Street 170 Greeley Village 285 Woburn Street 5 Bennett Avenue 610 Waltham Street 4 Lawrence Lane 222 Waltham Street 222 Waltham Street 11 Utica Street 8 Cary Avenue 5 Spencer Street 150 Grant Street Election Officers Minutes Lexington Liquor Mart, Inc. Directors Selectmen's Meeting Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Mrs. Nr5. Mrs. REPUBLICANS Gloria D. Colbert Mildred M. Cronin Florence M. Downe Norma E. Ebbs Ilde J. Field Kda B. Fisk Carol A. Goldthwait Rose J. Grant Anges Heimlich Sally Hooper Mary F. Irwin Winifred C. Ivester Caroline P. Johnston Mr. Harold W. Josephson Mrs. Alice G. Marshall Mrs. Mary G. McCauley Mrs. Ruth M. Mitchell Mrs. Irene Norcross Mrs. Helen L. Perry Mrs. Dorothea J. Russo Mrs. Delores M. Swan Mrs. Elinor M. Vassallo Mrs. Virginia M. Warner Mrs. Margaret S. Wilson Mrs. Marjorie E. Wirpio June 16, 1975 6 Tewksbury Street 14 Utica Street 12 Bedford Street 5 Brent Road 20 Chase Avenue 10 Spencer Street 30 Baker Avenue 16 Hillcrest Avenue 796 Massachusetts Avenue 282 Bedford Street 6 Grove Street 56 Woburn Street 8 Wilson Road 97 Emerson Gardens 9 Independence Avenue 75 Spring Street 16 Peachtree Road 50 Forest Street 16 Ellison Road 580 Lowell Street 18 Bedford Street 145 Grant Street 71 Adams Street 103 Meriam Street 145 Grant Street Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting of May 5 and May 12, 1975. Chairman Kenney read a notification from Secretary Davoren of a change of officers in the Lexington Liquor Mart, 58 Bedford Street. Chief Corr had been requested to investiga the three officers and a report states that they are of excellent character and rep- utation. Upon motion duly made and seconded, it was voted to approve the following officers of the Lexington Liquor Mart, Inc., 58 Bedford Streetz Mr. Buaa abstained. Selectmen's Meeting President: Treasurer: Clerk: Directors: Josephine L. Licciardi, Gordon E. Brennan, Gordon E. Brennan, Josephine L. Licciardi, Louise Licciardi, Gordon E. Brennan, 175 661 661 175 359 661 June 16, 1975 Wollaston Ave. Main Street, Main Street, Wollaston Ave. Appleton St., Main Street, ,Arlington Malden Malden ,Arlington Arlington Malden Chairman Kenney announced that the Board of Selectmen wishes to make the following statement regarding the party held at 117 Adams: "The Lexington Board of Selectmen has made inquiries into the events of the evening of May 2 at the Brenner residence on 117 Adams Street. The Board received communications from and talked with participants and with uninvolved eyewitnesses. The widely divergent and, in many cases, directly conflicting accounts make it impossible for us to pass judgment on most of the events of that evening. The possibility of litigation related to the -May 2 incident makes it inappropriate for the Board to comment further on specific features of the confrontation. We profoundly regret that it took place and pledge to do all in our power to forestall the possibility of future incidents. In this connection, we plan to address our- selves to the need for improved communications between certain seg- ments �f �ur coMinnity and the Lexington Police Department. Present- ly, we are in the process of setting up a Community Relations Sub- committee, which-will7address itself to this problem, and others, on a wide -range basis." Mr. Bailey informed the Board that he had gone to Court last Thursday with Mr. O'Connell and Chief Corr regarding the complaint brought by the Attorney for the defendants, involved in the Adams Street party on May 2, against the Board of Selectmen, Town Manager, and Chief of Police. The Judge heard the Attorney's plea that the records of the Police Department and the Board of Selectmen be made available to him. Since those of the Police Department are not public records, the, Judge rules, that a hearing is to be held next week for a finding on the availability of the records. We will have to go back next week. Mr. Cohen: If you wish, I will represent the Selectmen at the hearing. The Board agreed that Mr. Cohen is to represent them. Chairman Kenney read a request from the Conservation Commission to vote to take the Graziano land. Upon motion duly made and seconded, it was voted to instruct Town Counsel to prepare the necessary documents for the taking by eminent domain of the land owned by the Graziano family in the Philemon Street area of Whipple Hill, as _.approved by the 1974 Annual Town Meeting under Article 46. Adams St. Party Adams St. Party Graziano Sand Taking 354 `. Inflow - infiltration Grant Lexington Housing Authority HUD Housing Assistance Executive Session Community Relations Committee Selectmen's Meeting June 16, 1975 Chairman Kenney read a request.from Mr. McSweeney, Director of Public Works/Engineering to authorize the use of $8,000 appropriated under Atticle 26 of the 1973 Annual Town Meeting for an inflow -in- filtration analysis. The Director of the Massachusetts Division of Water Pollution Control has informed us that the Town is eligible for federal and state participation for its inflow -infiltration analysis in the amount of $800,000. The Tow!' is responsible for 10 percent of the project cost, and $8,000, mubt be available prior to accept- ance of any federal or state grant. Upon motion duly made and seconded, it was voted to accept the recommendation of Mr. John McSweeney, Director of:Public Works/Eng- ineering and to authorize the use of $8,000 for Inflow Infiltration Analysis in the sewered area tributary to the Hayes Lane Trunk Sewers such funds having been appropriated under Article 26 of the 1973 Annual Town Meeting. Chairman Kenney informed the Board that a telegram has been re- ceived from the Department of Housing and Urban Development request- ing the position of the Selectmen regarding the Lexington Housing Authority application for the Section 8 Housing Assistance Program; comments are necessary in order to assure the availability of fund- ing for Lexington before June 30, 1975. The Board agreed to reply immediately to HUD that the Lexington Board of Selectmen, recognizes and confirms the need for Section 8 Housing Assistance Payment Program for existing housing, and unani- mously and enthusiastically supports the application filed by the Lexington Housing Authority on June 11, 1975. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town, or the reputation of a person. After discussion of matters of financial interest to the Town and appointments, it was voted to go out of Executive Session and resume the open meeting. The Board discussed the recommendations presented by Dr. Kessler regarding appointments to the Community Relations Committee and the charge of the committee which would be used ae a guideline for recom- mendations by the committee to the Board of Selectmen for improvements or possible solutions to problems in community relations. The Board agreed to the following charge of the Community Re- lations Committee: The purpose is to help identify problem areas in community re- lations within Lexington and to suggest possible means of coping with those problems. 1 1 Selectmen's Meeting June 16, 1975 The suggested means by which this would be accomplished would include but not be limited to the following: 1. Developing and maintaining an improved channel of communication among involved and interested parties. • (a) Creating a climate of calm understanding of existing sit- uations. (b) Accumulating and sorting..nut crediable information which can serve a constructive community purpose from the total information received, and us4ng it to achieve the object- ive. 2. Being an objective, non -investigative, information gatheriqp, dialogue generating group. 3. Seek out, analyze, evaluate and recommend to the appropriate parties courses of action for consideration which might lead to problem solutions, or improvements in the current difficult situation. This would include observation of those activities currently producing potential confrontation situations. 4. Refrain from any and all actions (including pdblicity) which would create impressions of bias, self-interest or other positions prejudicial to the group's objective. 5. Seek out the underlying causes of the social behavior problems generating the current tensions. Suggest courses of action for correcting the root causes. • Upon motion duly made and seconded, it was voted to appoint the following members of the Community Relations Committee, a subcommittee of the Board of Selectmen: Howard M. Kessler, Chairman Patricia A. Swanson Bernard Harleston Cary D. Pales Sheila M. Bisa James F. Corr Anne R. Scigliano David A. Wilson Sandra J. Shaw Christopher Anderson Marcy Kritsick David Cooper • Board of -Selectmen School Committee/Recreation Com. Dean, Tufts University Rabbi, Temple. Isaiah Young Adults Police Press Teacher, High School President, L.W.V. Youth Representative a 3 ti Selectmen's Meeting June 16, 1975 Upon motion duly made and seconded, it was voted to adjourn at 12:15 a.m. A true record, Attest: Executive Clerk, Selectmen 1 SELECTMEN'S MEETING June 30, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Noan, Town Office Buildingo on Monday, June 30, 1975, at 7:30 p.m. Chairman Kenney,. Messrs. Bailey, Buse, Kessler, and Mrs. Battin= Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsels Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Executive Clerk. Mr. O'Connell introduced to the Board the new Animal Control Officer, Mr. Barry Littleton, whose appointment was effective today. The Board welcomed Mr. Littleton and wished him success in his new position with the Town. Animal Control Officer Chairman Kenney declared the hearing open upon the application of LeBelleoour, Inc. for an extension of the Common Victualler All LeBellecour Alcoholic Beverages License to cover the additional premises located Courtyard in the courtyard and the downstairs function -room. and Notice of the hearing had been advertised in the Lexington Minute -Function man issue of June 19, 1975, and all abutters had been notified by Room the petitioner. Mr. Jean Alain Dupon, Manager of LeBellecour, was present and requested approval of the Board. Chairman Kenney: A hearing had been held by the Board of Appeals and a permit was granted for the use of the oourtyard on May 21, 1974. 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 an extension under the LeBellecour, Inc. Common Victualler All Alcoholic Beverages Liquor.License td include the courtyard and downstairs function room on the:premises at 10-12 Muzzey Street for the follow- ing hours: Function Room: Monday through Saturday: 11:00 Sunday: 12:00 Courtya}d - 5/1/75 to 10/15/75 Monday through Saturday: 11:00 Sunday: 4:30 Approval of the Alcoholic requested immediately. a.m. to Noon to a.m. to p.m. to 11:00 p.m. 11:00 p.m. 11:00 p.m. 10:30 p.m. Beverages Control Commission will be Mr. Robert I. Tarlin, Bicentennial Director, met with the Board. Chairman Kenney: On behalf of the Board of Selectmen, I wish to express our sincere thanks to you for the excellent job performed during the preparation or the Bicentennial celebration and the culmination on the April 19th weekend. We, and the townpeople feel it was a tremendous success and we all extend our appreciation Bicentennial Director 358 State Census East St. 1 Contract Retaining Walls Barnes' Engineering Surveys & Plans Library Insurance Boy Scouts Willards Woods Selectmen's Meeting June 30, 1975 for your efforts in implementing such a smooth operation. We take this opportunity to publicly thank you and wish you success in your future ventures. Mr. Tarlin: I thinl&that the Town of Lexington is unbeliev- ably fortunate in having such good people here, both elected and appointed, and I'll always remember you. Mr. Tarlin was presented with a Bicentennial plate and re- tired from the meeting. Mr. O'Connell reported on the State Census. We have about 80 percent of the mail returns and nine census takers are going dour-toffidoor to gather information from those who did not re- turn the forms. Mr. O'Connell recommended that the Board award the contract for two fieldstone masonry retaining walls on East Street, which is being constructed unde the Chapter 90 program. Upon motion duly made and seconded, it was voted to award the contract to Kenneth Cognina, Woburn, for fieldstone masonry work on two retaining walls on East Street, in the amount of $2,635.00. Mr. O'Connell recommended that the Board award the contract to Barnes Engineering, Inc. for engineering surveys and plans on the Oneida land and two Conservation parcels on Pleasant Street. Upon motion duly made and seconded, it was voted to award the contract to Barnes Engineering, Inc. for engineering surveys and plans on three parcels of land in the amount of $2,790.00. Mr. O'Connell informed the Board that he had discussed with Brewer and Lord the matter of increased Library insurance cover- age. It is recommended that the coverage be changed from $50,000 to $1 million, which represents an increase from $2,681 to $2,981. There are enough funds in the budget to take care of this in- crease. Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager to increase the Library insurance coverage to $1 million, representing a cost of $2,981. Mr. Frank Samuels met with the Board to discuss a Boy. Scout project. Mr. Samuels: I have two boy scouts with me tonight and would request approval of a proposal to have Boy Scout Troop 159 en- deavor to police Willards Woods for trash and debris. Scouting has the responsibility in any community and we want to accept this responsibility. There are things we have done for the Town Selectmen's Meeting June 30, 1975 through the years and it becomes obvious when you go through Conservation land that people don't necessarily protect it. Willards Woods, being in our area, has the troops and we could to it bout we need some help from the Town as we have a limited resource budget. Charlies Soparka is here tonight and he iw working on his Eagel scout badge. He is eager and willing to help. We feel that our troop is the best in Town and we will set the example for other youth groups and those not in a youth group. Chairman Kenney: We congratulate you and the Boy Scout Troup and you can be sure we will cooperate as greatly as possible. We want to encourage this action and feel it is• a good, educational experience for all concerned. Vandalism is growing in the Town and Dr. Kessler is going to solicit help from other interested groups. Also, the Conservation Commission has tightened up on their rules and regulations on conservarion land. Mr. Samuels: We will accept any and all assistance. We make this as a gesture to hope that other people will see the light. Mr. Samuels and the two Boy Scouts retired from the meeting with the understanding of complete cooperation from the Town. Mr. Cohen requested the_Board to sign the order of taking of a sewer easement on Springdale Road. Upon motion duly made and seconded, it was voted to sign the order of taking of a sewer easement on Springdale Road. Mr. Cohen requested the Board to sign the order of taking of the land owned by the Grazianos at the Arlington -Winchester -Lex- ington border, which had been requested by the Conservation Com- mission. Upon motion duly made and seconded, it was voted to sign the order of taking of land owned by the Graziano family. Dr. Kassler left the meeting at 7:55 p.m. to represent the Selectmen at the Planning Board meeting. L Sewer Easement Springdale Road Graziano Order of Taking Upon motion duly made and seconded, it was voted to grant per- permit mission to Five Fields, Inc. to conduct the annual Independence Day Square Dance on Saturday, July -5, 1975. Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for Certificate of Incorporation: Carl J. Toga, DMD "Mass. Academy of General Dentistry, Inc. William G. Crane "City Life: Boston, Inc. 360 NET&T. Co. Bos. Eden. Pole - Bedford St. Hartwell Ave. Bos. Eden. Conduit Bedford St. Hartwell Ave. Maguire Rd. NET & T Co. Bost. Eden. Meriam St. Guy wire & Anchor Selectmen's Meeting June 30, 1975 Hearings were conducted on petitions from the New England Telephone Company and the Boston Edison Company and the Board voted to approve the following: Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison Company for the following locations: Bedford Street, southwesterly side, approximately 72 feet southeast of Hartwell Avenue - one pole Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison Company for the following loca- tions: Hartwell Avenue, at and westerly from Bedford Street, a dist- ance of about 40 feet - manhole and conduit. Bedford Street, at and southeasterly from Hartwell Avenue, a distance of about 145 feet - conduit. Bedford Street, at and northwesterly from Hartwell Avenue, a distance of about 270 feet - manhole and conduit. Bedford Street, at northerly from Hartwell Avenue, a distance of about 25 feet - conduit Hartwell Avenue, at and southerly from Bedford Street, a distance of about 240 feet - conduit. Hartwell Avenue, at and southwesterly from Bedford Street, a distance of about 2,474 feet •- manholes and conduit. Hartwell Avenue, opposite Maguire Road, a distance of about 75 feet - manhole and conduit. Hartwell Avenue, at and southwesterly from Maguire Road, a distance of about 885 feet - manholes and conduit. Hartwell Avenue, southeasterly, approximately 691 feet south- west of Maguire Road, a distance of about 55 feet - conduit Hartwell Avenue, southeasterly, approximately 759 feet south- west of Maguire Road, a distance of about 60 feet - conduit. Upon motion duly made and seconded, it was voted to grant per- mission to the New England Telephone Company and the Boston Edison' Company for the following location: Meriam Street, Approximately 276 feet northeasterly from Mass- achusetts Avenue - one guy wire.and anchor off Pole 65/3. Selectmen's:Meeting June 30, 1975 Upon motion duly made and seconded, it was voted to grant per- mission to the New'England Telephone Company and the Boston Edison Company for the following location: Piper Road: Approximately 416 feet easterly from Waltham Street, one pole; also remove one pole. Upon motion duly made and seconded, it was voted to grant per- mission to the New England Telephone Company and the Boston Edison Company for the following location: Westview Street: Westview Street: Approximately 64 feet Southwesterly, from Hartwell Avenue, one guy wire and anchor off Pole 92/1, southeasterly side. Approximately 172 feet southwesterly, from Hartwell Avenue, one guy wire and anchor off Pole 92/2, southeasterly side, Upon motion duly made and seconded, it was voted to grant per- mission to the New England Telephone Company for the following location: Bedford Street: From existing MH 54/101, located in the side- walk area on the north side of Bedford Street, 13 feet east of Tewksbury Street, approximately 160 feet of conduit easterly to Lois Lane. Upon motion duly made and seconded, it was voted to grant per- mission to the New England Telephone Company for the following location: 361 N.E.T. & T. Bos. Edsn. Piper Rd. Pole N.E.T. & T. Bos. Edsn. Westview St. Hartwell Ave. Guy Wire Anchor N.E.T. & T. Boss. Edsn. Bedford St. Tewksbury St. to Lois Lane Bedford Street/ From existing manhole 54/115, located on the Winter Street: northerly side of Bedford Street approximately 100 feet more or less west of Winter Street, easterly to said Winter Street, thence north- erly 470 feet more or less to new manhole 54/514, thence easterly 35 feet more or less to the proposed roadway to Drummer Boy Green, a total Of 605 feet more or less. Winter Street: One manhole 54/514, located on the westerly side approximately 470 feet more or less north of Bedford Street. Upon motion duly made and seconded, it was voted to grant per- mission to transfer the joint ownership of, poles 114/4 and 114/6 on Woburn Street to the Boston Edison Company only. N.E.T. & T. Bedford St. Winter St. Conduit and Manhole J/O Poles Woburn St. to Bos. Eden. 362 Conservation Whipple Hill Land Conservation Land Management Program Treasurer - Sale of Bonds Willards Woods Selectmen's Meeting June 30, 1975 The Board discussed a land manag t: proposal for Whipple Hill submitted by the Conservation Commission: 1. Presently underway: (a) Acquisition of Graziano and Onedia land to round out the area. (b) Cleanup, barricading the sign installation et Winchester . Drive access. (c) Lexington effort to have Winchester and Arlington author- ities aid in enforcing park regulations on their citizenry. 2. Planned for Immediate Future: (a) Install barriers along eastern boundary with Winchester and Arlington to limit access of motor vehicles. (b) Institute a comprehensive sign program throughout the area. (c) Cleanup campaigan by citizens and public service groups annually. (d) Establish police patrol for periods when highest vandalism occurs. Enlist aid of Winchester and Arlington police. 3. Second Phase Planning: (a) Eliminate intrusion on Town lands on Summer Street. (b) Provide brochure for Lexington residents describing area and outlining uses. (c) Invistigate the possibility of a fire/service access land with possibility of access from Winchester side of land. (d) Investigate control burning of woodlands by Lexington Fire Department to reduce potential for large brush fires. After discussion, the Board agreed to write to the Conservation Commission requesting that the Conservation Administrator schedule a meeting with representatives of the Police and Public Works Dep- artment to discuss implementation of a land management program for the Town of Lexington. Mr. Zenner met with the Board to request approval of postponement of the Scheduled July 19 sale of bonds until July 21 in order to allow a representative of Moody's Rating to meet with Town officials during the week before the sale. Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Treasurer to postpone the sale of bonds until July 21, 1975. Upon motion duly made and seconded, it was voted to appoint Mr. Louis Zenner as the representative of the Town to submit photographs to the Massachusetts Selectmen's Association Photography Contest. The Board discussed a memo from Mx. O'Connell, Town Manager, re- garding the use of Willards Woods, stating that he had been along on many cruiser calls to the parking area. He feels that the situation is becoming more serious and dangerous because of youths assembling early in the afternoon until late in the evening. "The drinking 1 Selectmen's Meeting June 30, 1975 starts earlier and continue* longer, consequently the situation is getting more disorderly earlier." Also, the group using motor- cycles is growing in size. After discussion, the Board agreed to discuss the matter further after the submission of information from Mr. McSweeney on the follow- ing questions: Willards Woods: Opening and closing the entrance at 8:00 or 9:00 a.m., seven days a week; how Would it be closed off? Implementation timetable; opening for emergency access by Police and Fire Depart- ment. Chairman Kenney requested the Board to sign Guide licenses, recommended by the Director of Guides. Upon motion duly made and seconded, it was voted to sign Guide licenses for the following: as Guide Licenses Paul Keller 79 East Street Evanthia Speliotis 22 Ingleside Road Chairman Kenney read a request from Mr. McSweeney for approval of an Extra Work Order under Contract 75-7-E to service Morris Street with a sewer of 260 feet from Winter Street, at a cost of $9,000. Also, to service Rangeway with an 880 foot extension from Volunteer Way, at a cost of $29,000. This would complete the sanitary sewerage program in this area, with the exception of James Street. Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering for Extra Work No. 1 under Contract 75-7-E in the amount of $38,000. The contract Was awarded to P. Gioioso & Sons, Inc. under the appropriation for Article 20 of the 1974 Annual Town Meeting. Dr. Kessler returned to the meeting at 8:42 p.m. Chairman Denney read a request from Mr. McSweeney for approval of an Extra Work Order under Contract 75-11-E for an extension of sewer to service two house lots on the undeveloped part of Rolfe Road, which has recently been approved by the Planning Board under Plan A. In the 1971, the Town had a contract with J.M. Lucente to construct sewers in Rolfe Road under the Betterment Act. Dur- ing construction, a field change resulted in the sewer stopping just short of the unimproved portion of the subdivision because of the quantities of fill required to bring the road to its pro- posed grades and the obvious lack of need at that time. The betterment schedule was not adjusted and sewer betterment assess- ments were paid by the previous owner. The contractor is now contract 75-7-E Extra Work Order #1 Morris St. and Rangeway Contract 75-11-E Extra Work Order #1 Rolfe Rd. Extension '364 Selectmen's Meeting June 30, 1975 working in the area and it is recommended that an Extra Work Order be approved for the extension of sewer. Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering for Extra Work Order No. 1 under Contract 75-11-E awarded to Po -Mar Contracting Inc. for 150 feet of sewer at a cost of $3,200, under the appropriation for Article 20 of the 1971 Annual Town Meeting. Unlicensed Chairman Kenney informed the Board that the Town Clerk has sub - Dogs witted a list of owners of 973 unlicensed doge in the Town. Upon motion duly made and seconded, it was voted to sign the Warrant to the Animal Control Officer to investigate the list of 973 unlicensed dogs in the Town of Lexington. Highway - State DPW/ Counties County Bounds Program Mass. Ave.. No. Hancock Lincoln Sts. Hancock St. The Board discussed and agreed not to take a position on the bill to transfer to the State Department of Public Works all powers and duties of the counties relating to highways. Chairman Kenney read a letter from Mr. Philip Lynch, County Engineer, stating that with the establishment of a County Bounds Program, any interested town may make application and all eng- ineering work and supervision would be performed by the County Engineering Department. The town would be required to provide the granite bounds and the labor to set them. A report from Mr. McSweeney states, "..Members of the Town Engineering Department met with Mr. Lynch, who informed them that the County has recently completed the reestablishment of Mass- achusetts Avenue on plan and can begin the physical layout of that street if the Town so wishes. When Mr. Lynch was informed that the Town would undoubtedly like to see Massachusetts Avenue laid out but funds could not possibly become available for the purchase of stone bounds until next year, he replied that the lack of funds at this time will pose no problem as the County En- gineers can lay out the bound points this summer, tie them down, and install the bounds at a date when funds are available. "Therefore, it is recommended that the Board of Selectmen re- quest the County Engineer to re-establish the layout of Mass- achusetts Avenue, No. Hancock Street and Lincoln Streets. Funds for the stone bounds will be included as part of. the FY 77 High- way Maintenance budget. "In the course of the discussion, Hancock Street and its im- pending Chapter 90 construction-. came up. It appears that Hancock Street is not a county layout. The Town had petitioned the County in 1892 to lay out the street and, after it was done, for some un- known reason the Board of Selectmen rejected the layout, went to court, and the court voided the layout. Then in 1894, a new pian 365 Selectmen's Meeting June 30, 1975 was prepared by the Town and Hancock Street became a Town layout. "At present, the County is preparing existing layout plans for submission to the District #4 Office of the Massachusetts DPW; these plans will be used for the Chapter 90 design of Han- cock Street. .The DPW will, no doubt, insist as a matter of policy that the Chapter 90 design for Hancock Street be widened to a straight forward 50 -feet wide layout from its presently meander- ing, helter-skelter 40 -foot width. Mr. Lynch is aware that the Town has absolutely no wish to change the existing layout how- ever, substandard it may be and, for that reason, once the plans of the existing layout are prepared, he will submit them to the Town. Then the Town can meet with the District #4 office and, if Massachusetts DPW agrees with our desire to maintain the ex- isting layout, the Town can petition the County Commissioners to lay out Hancock Street as a county road and the funds available can then be used for the reconstruction of Hancock Street. If the State will not agree, the Town will be required to bear the full cost of reconstruction. Nonetheless, the funds will be available for use elsewhere in the Town." Mr. McSweeney: Hancock Street can't be laidout without the Board's vote for permission to do so. Chairman Kenney: We are categorically committed to Town Meet- ing that we cannot change the layout. The Board agreed to write to Mr. Lynch and inform him that funds are not available at this time but will be included in the FY 1977. Highway Maintenance budget for the stone bounds. In the meantime, the County Engineering Department could lay out the bound points this summer, tie them down, and the bounds would be installed when funds are available. Upon motion duly made and seconded, it was voted to request the County Middlesex County Engineer to re-establish the layout lines of Mass- Bounds achusetts Avenue, Hancock Street, North Hancock Street, and Lincoln Program Street under the county Bounds Program. Chairman Kenney informed the Board that nominees have been re- Youth ceived for appointments to the Youth Advisory Committee. Advisory Mr. Buse explained that a nominee has not been. received from Committee the School Committee but Chairman Swanson requests that she be notified of a scheduled meeting and she will make arrangements for a representative to be present. Upon motion duly made and seconded, it was voted to appoint the -following members of the Youth Advisory Committee for a term expiring June 30, 1975: 366 L.C.S.R. Appts. Selectmen's Meeting June 30, 1975 Board of Selectmen: Recreation Committee: Police Department: T.M.M.A.: Alfred S. Buss Richard Wertheim Paul E. Furdon Stephen Politi Lexington Education Association:Myron Miller High School Students: Seniors Juniors Sophmores Junior High Students: Clarke Jr. High Diamond Jr. High Muzzey Jr. High Re -Place Mystic Valley Mental Health Center School Committee Suzanne Abkowitz Mary Rockwood Paul Ferguson (alt.) Nancy Abelman Matthew Powers Ellen Boyle (alt.) Jeanne Hathaway Joseph Barringer Tracy Dickerman Jeffrey Spencer Ruth Ann Beckett Robert Bayliss Representative to attend meetings Chairman Kenney informed the Board that nominees have been re- ceived for appointments to the Lexington Commission on Suburban Responsibility. Upon motion duly made and seconded, it was voted to appoint the following members of the Lexington Commission on Suburban Respon- sibility for a term expiring June 30, 1976: Board of Selectmen Planning Board M.A.P.C. School Committee L.W.V. Lexington Teachers T.M.M.A. Executive Committee T.M.M.A. Gen. Membership Housing Authority High School Lexington Interfaith Chamber of Commerce Town Employee Member -at -Large Margery M. Battin Stanley A. Brown Lois W. Brown Robert Rotberg Bernice Weiss Janet Kessler Mary Miley John Campbell William S. Sullivan G. Richard Seamon (alt.) Dawn Pars James Mead William T. Spencer, Cornelius Cronin Edward A. Silva Leona Martin Spencer Lavin Selectmen's Meeting June 30, 1975 Dr. Kessler informed the Board that the first meeting of the Community Relations Committee will be held in Estabrook Hall on July 9 and all interested citizens are invited to attend and participate in discussions Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering' to sign the Contract 76-1-E awarded May 19, 1975, to D.L. Jones Subsurface Investigations, Inc. for test borings. in connection with construction projects, in the amount of $8,210.00. Chairman Kenney read a letter from the Lions Club stating that all the conditions applicable to the Lions Club permit for the 4th of July carnival have been complied with and, therefore, ap- proval is requested for the carnival to open on July 2, 1975. Chairman Kenney to Mr. O'Connell: Is everything in order? Mr. O'Connell: Yes. Upon motion duly made and seconded, it was voted that, all previous stipulat4ons having been fulfilled, permission is grant- ed to theLions Club to conduct the carnival from July 2 through July 5, 1975. Mrs. Battin informed the Board that she had discussed with Town Counsel the policy on towing vehicles and, in his opinion, the matter should be discussed in Executive Session as a person's business is involved. The Board agreed to discuss the policy on towing in Executive Session. Upon motion duly made and seconded, it was voted to go in Ex- ecutive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town, or the reputation of a person. After discussion of matters concerning the reputation of persons, possible litigation, and the personal services budget, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 11:00 p.m. A true record, Attest: Executive Clerk, Selectmen 367 Community Relations Meeting Contract 76-1-E Test Botinijs Lions Club 4th of July Carnival • Permit Towing Policy Executive Session 3GS Boston Edison Poles - 'Hartwell ,Maguire Rd. Boston Edison Pole - Bedford St. Hartwell Ave. ST;T.FCTMEN' S MEETING July 14, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, July 14, 1975, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa, Kessler, and Mrs. Battin; 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 Boston Edison Company for the installation of eight poles on Hartwell Avenue southwest of Maguire Road. Notices were sent to the abutters, as listed on the petitioner's plan, and filed with the Public Works Department. Chairman Kenney read a report from the Director of Public Works stating that the locations had been reviewed and the recommend- ation is that approval be granted. Mr. Edward Chisholm, representing,, the Boston Edison Company, informed the Board that the eight additional poles will be for a circuit that comes down from Wood Street and will feed Lincoln Lab. This circuit would run out of a new undergroundstation and go overhead. We don't need underground service here, and it is ex- pensive. We are presently feeding down Wood Street and we would pick up the existing lines. No one ming present in favor or in opposition, the hearing was closed. Upon motion duly made and seconded, it was voted to grant per- mission to the Boston Edison Company for the following location: Hartwell Avenue, southeasterly side from a point approximately 690 feet, southwest of Maguire Road, eight (8) poles (guy wire and anchors on first, seventh and eighth poles; push braces on second, fourth, fifth and sixth poles.). Chairman Kenney opened the hearing on the petition of the Boston Edison Company for the installation of one pole on Bedford Street northwest of Hartwell Avenue. A report from the Director of Public Works states that this is a riser pole in conjunction with the proposed Edison conduit in Bedford Street, and it is recommended that the Boston Edison Company be granted permission for this pole. Mr. Edward Chisholm, representing the Boston Edison Company, informed the Board that the hearing involves only the Town of Lex- ington and no abutters had to be notified. This pole is needed for an additional circuit. 369 Selectmen's Meeting July 14, 1975 No onerbeing present in favor or in opposition, the hearing was closed. Upon motion duly made and seconded, it was voted to grant per- mission to the Boston Edison Company for the following location: Bedford Street, southwesterly side approximately 84 feet north- west mf Hartwell Avenue, one (1) pole. Mr. O'Connell informed the Board that the Lexington Housing Housing Authority has received notification from HUD that the application Authority for funds for existing housing in the amount of $134,772 has been Funds tentatively approved, This means that funds are being reserved for fulfillment of adminstrative requirements, and are applicable to fifty units of housing. Up to this time, funds have been sup- plied by the state; federal funds are coming by another route. Mr. O'Connell discussed the cleaning of catch basins. He re- Catch minded the Board that DPW had requested funds for a machine for Basin Town forces to clean the catch basina_but, during the budget process, Contract a decision had been made to continue under the practice of contracting for this work. Bids have been received and he plans to award the contract to Truax for $2.09 per catch basin, approximately 4,500 catch basins. The Board agreed. Mr. O'Connell reported that the Lions Club carnival: was very successful, especially because of the extra effort on the part of the Lions Club. However, there was one drawback and that was the number of citizens' complaints because live animals were given as prizes at the concession operation. There were complaints to the Board of Health that this was not a proper practice,and there were specific complaints that a group of youths had won a rabbit, abused it, and killed it. We were not aware that live animals would be given to winners., and this is something to address our- selves to in the future. The -Board agreed. Mr. O'Connell continued with the information that carnival people had tapped into our water supply and there was a question of whether the water being used was suspect of contamination. Also, a carnival employee had been arrested. The Board agreed with Mr.O'Connell that these items will be taken into consideration before permission is granted for next year's cprnival. Lions Club Carnival 370 Moody Rating Adams St. Party Status Report on Selectmen's Records Request for Traffic Signs Shirley St. Selectmen's Meeting July 14, 1975 Mr. O'Connell advised the Board that a representative of Moody's Rating Service will visit Town Offices tomorrow morning and it is our expectation that the Town will receive a higher rating. Chairman Kenney read a status report on Selectmen's Records Related to the May 2 Adams Street Incident, as submitted by Selectman Bailey, as follows: "You will recall that on Friday, June 20, a decision was handed down in Superior Court in Cambridge stating, among other things, that the Lexington Board of Selectmen were to make available to the plaintiffs certain reoords related to '.the May 2 Adams Street incident. This decision resulted from two full mornings of hear- ings in the court at which I represented the Board. During these hearings, the attorney for the plaintiffs repeatedly emphasized the time urgency of his case, stating that he required the material for a trial scheduled to start in District Court on Monday, June 23, 1975. "Upon hearing of the court's decision late in the afternoon of June 20, I consulted with the Town's counsel in this matter. Mrs. McCurdy and I then prepared a package containing the material de- sired by the plaintiffs in the form established .by.the court. We fully expected someone to be in for the material at any moment, but, at the time of our departure at 5:30, we had not heard from anyone. "The first inquiry for the data was received from one of the plaintiffs on Wednesday, July 9, 1975 --more than 2 1/2 weeks after the court decision. The material was finally picked up by a plaintiff today, July 14, 3 1/2 weeks after it was so urgent- ly required and several weeks after completion of the District Court trial." Mr. Bailey: This tells me that their initial, action was proba- bly frivolous, and I think there are better things for the Select- men to be doing than indulging in that kind of thing. Chairman Kenney: I concur. Are there any comments? No comments. Chairman Kenney read a report from the Traffic Safety Committee in response to a request from Mrs. Salvatore Casella, 104 Bedford Street, for "Caution Children" signs at both ends of Shirley Street warning motorists that children are playing in the street. The committee recommends that the request be denied (1) that this type of sign is not intended for this purpose; (2) it is the re- sponsibility of parents to keep their children from playing on the :roadway; (3) at some point in the past, a "Caution Children" sign Selectmen's fleeting July 14, 1975 was installed by someone on the lower end of Shirley Street,and this is an excellent example of signs be indescriminately in- stalled and subsequently ignore4 therefore, it is recommended that inasmuch as its uselessness is apparent the sign should be removed. After discussion, the Board agreed that the existing sign would remain on Shirley Street. Mr. O'Connell recommended that an Article be inserted in the 1976 Annual Town Meeting Warrant for a traffic safety improve- ment program throughout the Town. A study would be extremely useful in solving neighborhood traffic problems and a manual could be printed for the education of all citizens. The Board agreed. Upon motion duly made and seconded, it was voted to deny the request of Mrs. Casella for the installation of "Caution Child- ren" signs at both ends of Shirley Street, with the understand- ing that the existing sign is to remain. Chairman Kenney read a report from the Traffic Safety Committee in response to a letter from Miss Roberta Scenna, 68 Adams Street, regarding improvements in the traffic situation in Lexington Center, as follows: 1. Traffic signals at the intersection of Massachusetts Avenue and Bedford Street are not necessary. 2. It is impossible to station police officers at the Lexington Treatre and the Minuteman Statue. 3. A "Slow" sign in the Muzzey Street parking lot is un- neceseary. 4. Strict enforcement of all traffic laws is currently under- way in the entire Town. Upon motion duly made and seconded, it was voted to accept the above recommendations of the Traffic Safety Committee concerning traffic in the Center. Chairman Kenney read a recommendation from the Traffic Safety Committee to approve the request of Mrs. A. Kurdi, 43 Adams Street, for the installation of additional "School" signs in the area. Upon motion duly made and seconded, it rtwas voted ro approve the request of Mrs. A. Kurdi, and to instruct the Director of Public Works to make arrangements for the installation of three "School" signs - two on Adams Street and one on East Street, in the Fiske School area. J// Traffic - Lexington Center Traffic School Signs Fiske School Area Lowell St./ Summer St. Intersection Springdale Subdivision Reimbursement Jury List Selectmen's Meeting July 14, 1975 The Board discussed a report from the Traffic Safety Committee in response to a request from Mrs. Francis Mahan, 38 Arcola Street, for traffic lights or warning signals at the intersection of Lowell and Summer Streets, rather than the bushes which are being planted by the Town, The report states that this intersection is under the jurisdiction of the Massachusetts Department of Public Works and, therefore, it is recommended that Mrs. Mahan contact them. Regarding the planting of the island at the intersection, this is part of an overall sprucing up of Lowell/Summer Street area and they will be kept at a low profile so that visibility will not be impeded. Also, the Board discussed a letter from Christian Academy concerning traffic conditions in this area, a request to relocate the Lexington Christian Academy sign, and to point out that there is no "School Zone" sign in the area. Upon motion duly made and seconded, it was voted to approve the recommendation of the Traffic Safety Committee to request the Massachusetts Department of Public Works to conduct a traffic study of the Lowell Street/Summer Street area. Upon motion duly made and seconded, it was voted to request the Director of Public Works to make arrangements for the reloca- tion of the Lexington Christian Academy sign to the northerly side of Bartlett Avenue. Itu agreed to write to Mrs. Mahan and inform her of the action of the Board regarding her request. Also, to write to the Christian Academy that the study has been requested, the sign will be relocated, and that a "School Zone" sign cannot be installed because the Academy .does not abut Lowell Street. Chairman Kenney read a recommendation from the Planning Direc- tor for approval of reimbursement in the amount of $4,962.30 to the developer of Springdale Estates. Upon motion duly made and seconded, it was voted to approve the recommendation of the Planning Board to reimburse Mr. Donald Jenkins, Jr. President of Jenkins Realty Inc. and developer of the subdivision entitled Springdale Estates in the amount of $4,962.30, aslthe total reimbursement for the extension of sewer in Springdale Road to Bates Road for a distance of 180 feet, and the construction of 44 feet of drainage system in accordance with Town specifications. The above vote was made subject to the approval of Town Counsel. Chairman Kenney informed the Board that the 1975-1976 list of jurors has been compiled and is ready for approval. There are 263 males and 168 females on the list, total of 431 jurors. Upon motion duly made and seconded, it was voted to approve the 1975-1976 list of jurors to be submitted to the Middlesex County Clerk of Courts. Selectmen's Meeting July 14, 1975 Chairman Kenney read a request from the Lexington Summer Co- op for the use of the Visitors' Center grounds. Upon motion duly made and seconded, it was voted to grant per- mission to the Lexington Summer Co-op to set up and operate the Minuteman Sales Booth on the lawn in front of the Visitors' Cen- ter on weekdays, Monday through Friday, from now until Friday, August 29, 1975. Upon motion duly made and seconded, it was voted to sign the Order for Construction of Sidewalk on Tewksbury Street. Dr. Kessler informed the Board that he has received many tele- phone calls regarding the problem of riding bicycles in the Cen- ter. He felt very strongly that the Board should make a more specific attempt for stricter enforcement of the law. Mr. O'Connell: I went through a review of this a year ago. We have not made a provision of providing bibycle racks in the Center and we have also thought about having racks at the four corners. There should be strict enforcement of no riding of bicybles in the Center, but they may be wheeled through; no parking of bicycles only at corner points. These rules were de- cided during the review, and I think we ought to update it. The Lions Club has indicated a willingness to supply the bicycle racks. Chairman Kenney: We should refer this to the Trafftd Safety Committee forregonmildationson appropriate places to put the racks. Also, to send a memo to Chief Corr requesting that he alert the policemen on enforcement of no bicycle riding on sidewalks in the Center. Chairman Kenney informed the Board that a telephone call had been received from ABC Make a Wish prbqr,gm Director requesting the use of the Green for a TV Bicentennial film with host narra- tor, Tom Chapin, sometime during July. Upon motion duly made and seconded, it was voted to grant per- mission to ABC for the use of the Battle Green in July, subject to conditions set forth by the Town Manager. Upon motion duly made and seconded, it was voted to table the report from the Director of Public Works/Engineering regarding re- lease of the bond on the Grammont sewer, pending furhter informa- tion from Mr. McSweeney. Permit Sidewalk - Tewksbury St. Bicycles - Lexington Center Permit - Battle Green Grammont Sewer Bond Chairman Kenney read an application from Paul Naughton, owner Common of Bi -centennial Tours, has requested a license for:the carriage Carrier of passengers in the Town. He must have permission from the Select- License men in order to make application to the Department of Public Util- ities. 374 Selectmen's Meeting July 14, 1975 Upon motion duly made and seconded, it was voted to grant a common carrier license to Bi -centennial Tours, 89 Arcadia Street, Waltham, subject t9 specific routes, stops, and parking in de- signated areas after discharge of passengers. Chairman Kenney discussed the State Census. He expalined State that the estimated cost is between $7-$8,000 with reimbursement Census from the State of 25 cents per person. The problem is that plans Costs were finalized after approval of Article 4 and nothing has been budgeted. We were able to absorb some costs in FY 75 budget but we are now faced with $4,500, more or less, in future ex- penses. The Town Manager has suggested that.we take it out of Selectmen's Account #1050 and notify the Appropriation Committee that we will request a transfer of these funds back to 1050. The Board agreed. Mr. O'Connell discussed lead paint inspections. Lead M. O'Connell: We are trying to conform to.the State mandate Paint regarding these inspections but the law is so complex. We are Inspections currently struggling with the increased workload for the Health Inspector, and have been trying to get a CETA job. So •far, we have been unsuccessful. The Health Director and I feel that a communication meeting with representatives of Real Estate offices, banks, etc. might enable us to get a common understanding of the problem. Chairman Kenney: I would suggest that you meet with our State Legislator first to see about changing the law. Mr. O'Connell agreed. Mr. McSweeney discussed a long -pending request of Mr. Robert Rushton Rushton, 29 Marrett Road, for a water connectionto service his Water property. We have made every effort to assist Mr. Rushton but Connection he has not fulfilled his responsibilities, i.e. to obtain an easement from Mr. Gail Smith and to obtain permission from the fee owner of the property to construct and maintain such a connection. Also, Hanscom Air Base is making every effort to cooperate in the preparation of the Consent Agreement necessary for water service connection on the pipeline of Hanscom Field. Finnally, Mr. Rushton's son has informed me that he has com- pleted the requirements and will meet with us on Wednesday to discuss them. Mr. McSweeney was: instructed, after the meeting with Mr. Rushton, to draft a letter to the Department of the Army request- ing further action on processing the Consent Agreement. Selectmen's Meeting July 14, 1975 Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security or the financial interests of the Town, or the reputation of a person. After discussion of personnel matters, it was voted to go out of Executive Session and adjourn. Upon motion duly made and seconded, it was voted to adjourn at 10:00 p.m. A true record, Attest: . ;.7c Executive Clerk, Selectmerd Executive Session 376 Treasurer Sale of Bonds Moody Rating Westview Cemetery Increase in Sale of Lots SELECTMEN'S MEETING July 28, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, July 28, 1975, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Buse, Kessler, and Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. Martin, Asst. Town Engineer; Mrs. McCurdy, Executive Clerk, were present. Mr. Zehner met with the Board to request ratification of the decision to postpone the sale of bonds from May 29 to Aug- ust 12, 1975. Upon motion duly made and seconded, it was voted to ratify the postponement of the sale of bonds from May 29 to August 12, 1975. Mr. Zehner: We had a visit from the Moody evaluator. and she was very close to giving the Town a AAA rating, but she re- quested additional information. We are supplying the pro forma balance sheet for November and the expense sheet as of June 30; also, pension fund information. Additional.y2 have tentatively reported the amount of free cash as $1,400,000 not $1,300,000. I hope this will result in a higher rating on Town bonds. Chairman Kenney: I would like to take this opportunity to commend Mr. Zenner on his efforts to enable us to achieve a higher rating for the Town. Mr. Zenner: Since the bonds won't be printed until late September,it is necessary to refinance the $150,000 note to the Harvard Trust Co. until September 15; note was due August 15, 1975. Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Treasurer to refinance the bond anticipation loan in the amount of $150,000 from the Harvard Trust Company at 2:30 percent, notes to be dated August 15 and maturing September 15, 1975, with the option to pay in advance. Mr. Zehner discussed the sale of Westview cemetery lots. The Westview Cemetery Committee recommends, and Mr. O'Connell has approved, an increase in the sale of lots, and to hold a public information meeting on August 6. We have not changed the schedule of prices since 1950; the lots are not $71, $82, and $108, based on location. We would like to put the new rates into effect immediately after the informational meeting. Selectmen's Meeting Grave Sites: Single graves permitting double interment Single graves for single interment Children's graves in baby section July 28, 1975 Schedule of Charges $225.00 175.00 60.00 Mr. Bailey: How long into the future deo you think you would be protected with these rates? Mr. Zehner: The Committee would made a recommendation to the Town Manager annually. Mr. Bailey: I would agree on the basis that it would be done annually, and .to proceed as soon as possible after the meeting. The Board agreed to the increase in the price of Westview cemetery lots. Chief Corr and Mr. William T. Spencer, President of the Merriam Hill Association, met with the Board to discuss a problem in the MariaM Street parking lot with youths congreating, racing motors, loud radios, beer cans, broken glass, and motorbikes until late at night. Mr. Spen er: The Association met with the Community Relations Committee last Monday evening to discuss the situation, and we will continue to support their kind of effort. Everything was quiet on Tuesday evening and the rest of the week. Chief Corr has done some- thing, I guess, as we came to this meeting with a problem that has disappeared. There hasn't been obvious police presence in the parking lot. Chief Corr remarked that the patrols may have helped resolve the situation but pointed out that the group had probably moved to another location. Mr. O'Connell stated that the lull at the Mariam Street lot is the result of intensive surveillance by the police, and he and Town officials have been riding in the cruisers at night. This group has moved to the Park Drive area. The situation is not worsening all over Town but it seems so to people because it is August lst. Drinking in public is not a violation of the law and we are trying to contend with abuses of something that is legal. Chief Corr recommended that consideration be given to adopt- ing a by-law prohibiting public drinking; drinking in public is perfectly legal and the public is becoming more lenient. Mrs. Battin suggested that members of the Youth Commission talk with the Mystic Valley Mental Health Clinic and Mr. McManus, Youth Counselor, to ascertain if this is something they might address in terms of a solution. Conservation Commission has a particular interest in patrolling neighborhoods and she asked about the possibility of having citizen patrols. 34 Mariam St./ Park Drive Public Drinking 378 Selectmen's Meeting July 28, 1975 Chief Corr's personal opinion was that citizens of Lexington should not be asked to have to deal with youths under the in- fluence. There should never be a citizens' vigilante group to take care of this. Dr. Kessler said that after discussion. -at the last Community Relations Committee meeting, it was decided to meet at the Summer Co-op on August 13. Some of the young people would go to the Park Drive area and invite the youths involved to meet with the Com- mittee on a youngster -to -youngster approach. Also, there was much dialogue on citizen controls and we look forward to having more in-depth information at the next meeting. We invite the Selectmen and others to join us. Mr. O'Connell: I don't think you will have too much luck getting them to join your meeting, but you may join theirs. Mr. Spencer: There is a driving aspect on drinking. Some night, there is going to be a disaster. Also, there is a very wide age span - from the 20's to the low teens. Chairman Kenney: That is a valid point. ,,One thing that was not mentioned is the fact that police officers have a difficult role because, if they overdo it, the first thing that happens is harassment. We have been the drinking problem greatly increased because of the State law of 18 years of age. Mr. Spencer thanked the Board, Town Manager, and Chief Corr, retired from the meeting. Leroy Road The Board discussed a report from Mr. McSweeney in response Collina to a letter from Mr. Medardo Collins, 7 Ellison Road, concerning Request Town maintenance of the unaccepted portion of Leroy Road. The report states that the lot in question is not Town -owned as it was deleted from the layout of Leroy Road when the neighbors feared the use of Leroy Road as a cut -through and a route of through traffic if the whole protion between Marrett Road and School Street were accepted. Therefore, whereas this parcel is "owner unkown" or possibly owned equally by the owners of the property at Lots 87 and 93 School Street, it is suggested that they refer the matter to the Land Court to clear the title, purchase the property, add their respective protions to the ex- isting lots, and re -landscape the area. Mr. Allessandro, 87 School Street, was present at the meet- ing and indicated that he might go to the Land Court to investi- gate the title. A letter is to be written to Mr. Collina including the in- formation submitted in Mr. McSweeney's report. Selectmen's Meeting July 28, 1975 Mr. O'Connell informed the Board that a request has been re- ceived from Mr. McSweeney for authorization to accept the proposal from Morse and Beggs Monument Company, North Attleboro, to wash and wire brush the marble plaque, seal it with Shawsheen Sealer, and paint the inscription on the War Memorial on the Battle Green, in the amount of $850.00. It is recommended that funds for this project be requested from the Trustees of Public Trusts. Upon motion duly made and seconded, it was voted to request the approval of the Trustees of Public Trusts for an expenditure of $850.00 from the appropriate trust fund. Mr. Buse recommended that the water trough at the base of the Minuteman statue be reconnected during the summer months. Upon motion duly made and seconded, it was voted to request the Town Manager to make arrangements with the Public Works De- partment to open the connection at the base of the Minuteman statue in order to have a continuous flow of water in the trough during the warm weather. Mr. O'Connell informed the Board that a letter has been re- ceived from the Lexington Tennis Club suggesting that the center playground tennis courts be named in honor'of the late Charles Gallagher. If the Board agrees, Town Counsel and the Town Manager recommend that an Article be placed in the next Warrant. Upon motion duly made and seconded, it was voted to place an Article in the Warrant for the 1976 Annual Town Meeting to name the Center playground tennis courts in honor of Charles Gallagher. Chairman Kenney read a report from Mr. McSweeney stating that his department had reviewed the Grammont Sewer Easement project and finds that all work has now been completed to the satisfaction of the Town, with the exception of the planting of a maple tree on the Weinstein property. It is, therefore, recommended that the surety in the amount of $3,000 be re- duced to $250 at this time. As an alternative to the bond reduction, it is believed to be satisfactory for the Gram - manta to post a certified check with the Town in the amount of $250 and release the bond entirely. Mr. Buse reported that he had contacted Mr. Grant and was informed that, although he is not happy with the resto- ration of his property, he will finish the work himself. Mr. Grant did feel that Mr. Grammont had tried to cooperate be- cause of blasting and excavating damage. Mr. Bailey: What about Mr. Weinstein? 379 War Memorial Refurbishing Minuteman Statue Trough Charles Gallagher Tennis Courts Grammont Sewer Bond 3S0 Selectmen's Meeting July 28, 1975 Chairman Kenney: As far as Mr. McSweeney is concerned, every- thing has been done. Upon motion duly made and seconded, it was voted to release the bond of Ronald G. Grammont and Diana H. Grammont, which was given to secure the completion of the sewer project. Also, to authorize the Town Treasurer to release the bond and to deliver to Donald E. Legro, Attorney for Mr. and Mrs. Grammont, the bond and bank book, Account No. 01-42183 held with the Leader Federal Savings and Loan Association, with the understanding that Mr. Legro will hold $250,00 pending a decision on the tree to be planted on the Weinstein property. Upon motjon duly made and seconded, it was voted to approve Order for the recommendation of the Director of Public Works/Engineering Construction to sign the Order for Construction of Sewer and the Order of of Sewer Sewer Taking on the following Streets: Order for Construction of Sewer: Concord Avenue, from Walnut Street 665 feet, more or less, to Hutchinson Road. Concord Avenue, from Chadbourne Road easterly 440 feet, more or less. Concord Avenue, from Blossom Street a distance of 1,660 feet, more or leas, westerly. Walnut Street, from Concord Avenue a distance of 530 feet, more or less, southerly. Wood Street, from Conestoga Road to Boston Edison Co. easement. Order of Sewer Taking: Order of Morris Street, from Winter Street, 320 feet, more or less, 'Sewer northerly to the end. Taking Rangeway, from Skyview Road, 745 feet, more or less, to end. Intent Upon motion duly made and seconded, it was voted to approve to take the recommendation of the Director of Public Works/Engineering Sewer of an intent ab take sewer easements for a proposed trunk sewer Easements to run from Waltham Street to Concord Avenue. ,Waltham St. Note: A recommendation of award of damages was not sub - Concord Ave. mitted nor discussed. 1 Selectmen's Meeting July 28, 1975 Chairman Kenney read a report from the Director of Public Works/Engineering in response to a request from Mr. Paul Winter, 6 Norton Road, for reconsideration of his sewer betterment assess- ment of $548.06 "because the Norton Street sewer was put in by Others and not by the Totem." The report states, "... in this particular instance, we had a contractor who had three lots without sewer and water on Norton Street, for which he needed sewer and water to render them build- able, Although we can find no records to substantiate the facts, the contractor informs us that he was given permission to con- struct sewer and water in Norton Street to service house lots 5, 7 and 9 as long as he bore the expense of construction and built to Town standards. He also states that betterments were not assessed because he paid for the cost of construction. This work was done in 1963 or 1964 under questionable procedures no longer used by the Town. Chapter 80 was:'in effect at this time and we feel that betterments must have been assessed and then abated, but we can find no such record. In any case, Mr. Winter is asking for an abatement of a sewer betterment which, by law, must be assessed and perhaps his argument is that what cost the Town nothing should cost him the same. We cannot support this argument. Mr. Winter has requested permission to tie into Town sewer and all users, withfew exceptions, must pay an initial user'`s charge whether through betterment or through actual con- struction cost, or both. In our opinion, Mr. Winter is not an exception and DPW/Engineering recommends that no abatement be granted." The Board discussed the matter of the sewer having been originally constructed by the contractor and agreed to an abatement of 50 percent. Upon motion duly made and seconded, it was voted to grant an abatement of 50 percent on the sewer betterment assessed to Mr. Paul J. Winter,6 Norton Road, in the amount of $548.06 and, therefore, the amount of $274.03 is due and payable to the Town of Lexington. Mr. Winter is to be so informed by letter. Chairman Kenney read a report from the Director of Public Works/Engineering in response to a proposal from Mrs. Mary Chessman for a bike trail at the Hartwell Avenue sanitary landfill. The report states that, in his opinion, Mr. McSweeney feels that the proposal is unfeasible. However, the Recreation Committee may wish to comment on this. Chairman Kenney: We asked the Recreation Committee for recommendations and have been informed that the matter will be discussed at their September meeting. Winter - Norton St. Sewer Assessment Chessman Proposed Bike Trail Hartwell Landfill 382 House Move Betts Idylwilde Rd. Semonian Betterments - Lot A Laconia St. Selectmen's Meeting July 28, 1975 The Board agreed to write to Mrs. Chessman and suggest that she arrange to attend the September meeting of the Recreation Committee to discuss her proposal. Chairman Kenney read a report from the Director of Public Works/Engineering in response to a request from D.R. Betts, Inc., North Attleboro, to move a house located at 760 Marrett Road (Route 2A) to a new location on Lot #18 Idylwilde Road. The report states that the proposed route has been reviewed and meets with the approval of the Town of Lexington, De- partment of Public Works, and Paul Mazerall, Tree Warden, However, as Marrett.Road is State highway, a State permit must be obtained by D.R. Betts, Inc. Also, a $5,000 bond must be posted with the Lexington Department of Public Works. Upon motion duly made and seconded, it was voted to grant permission to D. R. Betts, Inc. to move a house from 760 Marrett Road to Lot #18, Idylwilde Road, subject to a State permit ob- tained by Mr. Betts and the posting of a $5,000 bond with the Lexington Department of Public Works. Chairman Kenney read a report from the Director of Public Works/Engineering in response to a request from Mr. Diran M. Semonian, 504 Lowell Street, for deferment of all betterment charges against Lot A, Laconia Street until such time as said Lot A is divided or built upon. The report states that Lot A is a large, single parcel with the Semonian home upon it, and it is far from being the empty lot inferred in the letter. It is recommended that the request be denied. Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works/Engineering that all outstanding betterment charges against Lot A on Laconia Street be retained. Therefore, the request is denied. Traffic Chairman Kenney read a report from the Traffic Safety Com - Signs mittee recommending approval ofthe request from Mr. Lewis C. Mason St. Clapp, 21 Mason Street, for "Caution Children" signs on Mason Street. Upon motion duly made and seconded, it was voted to approve the recommendation of the Traffic Safety Committee for install- ation of one "Caution Children" sign at each end of Mason. Mr. McSweeney was instructed to make arrangements for the installation of these signs. 383 Selectmen's Meeting July 28, 1975 Members of the Board agreed to attend the garage sale and Re -Place auction to be held at Re -Place on September 27, 1975, and to Auction participate as Auctioneers. The Board again discussed a letter from Mr. David Barton Burglar regarding outdoor burglar alarms being loud and disruptive Alarm to the neighborhood, and it was agreed to request Chief Corr to tighten the surveillance and to write to Mr. Barton and suggest that neighbors might be able to obtain keys to the homes of those with burglar alarms in order to shut them off when they are triggered by accident and no one is home. Mr. Busa reported on the meeting he had attended today at Proposed the Department of Community Affairs as the representative of the AABC Board of Selectmen. Also present were Mrs. Lois Dickerman, Elimination Secretaty of the Office of Consumer Affairs; Edward Harrington, Chairman of the Alcoholic Beverages Control Commission; John Larkin, Executive Secretary of AABC; representatives of Somer- ville, Holyoke and Lowell; members of the Massachusetts League of Cities and Towns, the Massachusetts Selectmen's Association. Mr. Busa: It was strictly an informational meeting and nothing was said about the Hatch bill to eliminate the AABC and the regulations and put it back to the cities and towns with the responsibilities of enforcing the licenses and policing of them. I asked what the initial expense is if control is given to the cities and towns, and they had no information. I also pointed out that any appeal would go to the Board of Appeals and this board is appointed by the Board of Selectmen. I also said that the State should still maintain some form of AABC or hearing board who would lay down the rules and regulations and we would abide by them. I strongly state that the cities and towns shouldn't take on further responsibilities and expenses, citing as an example that the State has abolished their in- spection department and given the inspections, i.e., lead poisoning, back to the cities and towns, which resulted in a tremendours workload and additional costs to us. it was left that Mrs. Dickezman will have a memo prepared summarizing the key issues and this information will be used as the basis of a questionnaire to be distributed to the cities and towns with a request for their views on these issues. Chairman Kenney: Pending receipt of the cjuestionnaire, no action will be taken now. The Board agreed. Chairman Kenney informed the Board that Mr. McSweeney has re- plied to our request for labor costsinvolved in closing the Willards Woods area. He estimates it would be $202 per week because of call-back time. Willards Woods Entrance Closing 384 Selectmen's Meeting July 28, 1975 Mr. Bailey: Why couldn't the police department do that? It is a seven nights a week function. Mrs. Battin agreed. Dr. Kessler agreed but'with the reservation that it might establish a precedent. At the request of the Board, Mr. O'Connell agreed to explain the DPW estimated labor cost of closing the Willards Woods area and to get Chief Corr's views on a lesser cost of accomplishing this. Mr. O'Connell is also to talk with Mr. McSweeney on pro- ceeding with a stone barrier and hitching post. Battle Mr. O'Connell informed the Board that the rules and reg - Green ulations on the use of the Battle Green will be printed and be Regulations made available at the Visitors' Center and given to the Lexington Bicentennial Guides. The Board agreed that Mr. O'Connell is to proceed with the printing. Selectmen Insurance Chairman Kenney informed the Board that an application has been received from Alexander & Alexander, Boston, for renewal of the Selectmen/Town Manager insurance policy. Upon motion duly made and seconded, it was_voted to sign the application to Alexander & Alexander for renewal of the Selectmen/ Town Manager insurance policy in the amount of $1,560, for the period of July 1, 1975, to July 1, 1976. Executive Upon motion duly made and seconded, it was voted to go into Session Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town, or the reputation of a person. After discussion of matters: concerning finances and per- sonnel,. it was voted to go out of Executive Session and adjourn. Upon motion duly made and seconded, it was voted to adjourn at 10:00 p.m. A true record, Attest: Executive Clerk, Sele 1 SELECTMEN'S MEETING August 11, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, August 11, 1975, at 7:30 p.m. Chairman Kenney, Messers. Bailey, Buse, Kessler, 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, the following jurors were drawn: Ronald B. Peabody Roy L. Parsons Freeman W. Fraim Clarence W. Johnson Francis M. Volanti, Jr. Hazel E. Haugh Leo J. Hurley 88 Emerson Gardens 143 Cedar Street 39 Plymouth Road 9 Battle_Green Road 16 Saddle Club Road 44 Simonds Road 4 Carville Avenue Mr. Louis A. Zehner, Town Treasurer, met with the Board. Mr. Zehner: Mrs. Ruth Corson of Moody Rating Service came to Lexington and, after a short conference with Mr. O'Connell and Mr. Perry, I took her on a tour of the Town. I made no commitments but she seemed impressed. Subsequently, we heard that if additional information were submitted it was possible we would have a AAA rating. With the information that Mr. Perry and Mr. Donahue pulled together on final income and ex- pense figures and pro forma balance sheets, we got the AAA rating. With this higher rating, we can borrow to greater advantage and we have the endorsement of a nationally recognized investment firm for having a prudently administered Town Govern- ment. There are only six other towns with AAA rating and we are now top drawer and big league. The 5 percent rate we hoped for may now be available on the delayed sale of bonds, which is to- morrow. Chairman Kenney: Speaking for the Board and the Town, we are extremely happy that Moody saw fit to raise us to AAA. The im- plications are far reaching and this rating shows that our house is in good order. I specifically want to thank you for your great efforts and, also, Mr. O'Connell and Mr. Perry. Mr. Zenner: The Selectmen, the Appropriation Committee, the Town Manager and Town Meeting worked together as a happy team. 385 Jurors AAA Rating 386 Selectmen's Meeting August 11, 1975 Chairman Kenney: This is a culmination of efforts that have gone on for years and reflects the attitude of citizens, boards and Town Meeting. We thank you individually and collectively. Mr. Zehner retired from the meeting. Teachers' Mr. Richard M. Perry, Comptroller and comber of the Board Insurance of Retirement met with the Board to discuss retired teachers' Bill insurance. Mr. Perry: Rep. Cole is unable to be here tonight but would like you to know that he might have trouble with the bill to rescind the vote of the Selectmen, and approved under Article 76 at Town Meeting to petition the Legislature for approval to return to the Town from the State Insurance Commission the re- tired teachers' insurance. Commissioner Burke of the Mass- achusetts Insurance Commission spoke to Rep. Cole about throw- ing the bill out, and he would like your comments. I have re- viewed our figures for the Town to handle it and they came out higher than the $6,500 estimated' be fore Town Meeting but would be $7,000 vs. $13,000+ for the State; for that amount of money we could have our own clerk. There might be an adjustment on our insurance rate as the teachers are a higher risk. Mr. O'Connell: I agree completely with MR. Perry, both on the analysis he has done and the practicality of the situation. Base on the representation given to us by the Insurance Commission, we, in good faith -supported it but we find it is not as they in- dicated. The bill to allow the Town to pull the teachers back is quite appropriate, and I think the Town should be entitled to handle it. Mr. Cohen: I believe Tewksbury and Plymouth had their Acts paused to take the teachers' insurance back. Chairman Kenney: The Insurance Commission is afraid there is going to be a stampede and then there would be no need for the Commission. We will communicate with Rep. Cole to act as soon as possible on that bill. The Board agreed. Mr. Perry retired from the meeting. Administrative Mr. O'Connell introduced Mr. Jeffrey A. Shaw, the new Ad - Assistant ministrative Assistant. He said that Mr. Shaw comes to us from the Massachusetts League of Cities and Towns and was the Manager of Office Operations for the past year. We are delighted to have him and we look forward to him being of great assistance in the Town Manager's office and the Selectmen's office. Selectmen's Meeting *August 11, 1975 Mr. O'Connell recommended that the Board sign a release of damages in the amount of $83.00 received from Amelia Sganga of Cambridge as a result of her vehicle damaging the Town fire hydrant. Upon motion duly made and seconded, it was *voted to sign the release of damages in the amount of $83,00 received from Amelia Sganga of Cambridge. Mr. O'Connell informed the Board that certification has • been received from they Director of Accounts of the Town's free cash, as of July 1, 1975, in the amount of $1,399,230. That is about 6 percent of the operating budget. It signifies the Town's very healthy financial status. The motor -.vehicle tax income has exceeded our Board of Assessors' estimates. We suffered deficiencies for three years and we are now beginning to catch up. Also, our water bill income is exceeding our actual estimates that we used for the basis of establishing the water rates. Chairman Kenney::. How much to E & D7 Mr. O'Connell: $381,000. $100,009 Was provided for tax anticipation, which was not needed, plus snow removal and per- sonnel. Chairman Kenney read a request from Mrs. Russell Morash for a sewer connection to service the property at 41 Pleasent Street, recently purchased from Miss Bartlett. She understands that it might be possible by tying into the proposed Moon Hill trunk sewer. A report from Mr. McSwenney states that the Engineering Division has reviewed the request and anticipates no difficult- ies. The betterment for the connection is being prepared and -<-- will be included in the overall Moon Hill plan. Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering to include the property at 41 Pleasant Street in the Moon Hill sewer project. Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering to abate the following water bills: J. D'Amico Inc. Joseph Gainnall Emery Park (Town of Lexington) Emerson Road $48.74 504 Waltham Street 3.15 1813 Mass. Ave. 330.75 387 Sganga Payment of Damages Morash Moon Hill Sewer • Connection Water Abatements 38S Town -Owned Land - ! Lexington ' Housing Authority Wood Street Permits - Battle Green 1 Certificate of Incorporation Permit - Bike-a-Thon Selectmen's Meeting August 11, 1975 Chairman Kenney read a request from Town Counsel to sign the deed conveying land on Wood Street to the Lexington Housing Authority as authorized under Article 62 of the 1975 Annual Town Meeting Warrant. Upon motion duly made and seconded, it was voted to sign the deed conveying all rights, title and interest now owned by the Town of Lexington to the Lexington Housing Authority on land - SOUTHEASTERLY: SOUTHWESTERLY: NORTHWESTERLY: NORTHEASTERLY: 75 feet more or less by remaining land of the Town of Lexington and old Wood Street; 270 feet by lots 322 through 314,as shown on plan of Colonial Heights, dated March 1910, by H.A. Millhouse, Civil Engineer; 13 feet more or less by old Wood Street; 276.9 feet more or less by Wood Street as now laid out,containing about 11,880 sq. feet more or less. Chairman Kenney read a request from Mr. Harold Shuster, Connecticut, for permission to use a metal detector on the Battle Green. Upon motion duly made and seconded, it was voted to grant per- mission to Mr. Shuster to go over the Battle Green with a metal detector but to deny digging of any type or disturbance of the turf in any manner. Upon motion duly made and seconded, it was•voted to grant the request of the Lexington Minute Man for the use of the Battle Green on Sunday, September 7, 1975, from 1:00 to 3:00 p.m. for install- ation of officers. Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for Certificate of Incorporation: Jerry Macke 1 Winthrop Road Robert D. Patterson Blossom Street "Hunter House, Inc. Chairman Kenney read a request from the American Cancer Society for permission for a Bike-a-Thon. Upon motion duly made and seconded, it was voted to grant per- mission to the Mijute6iii Branch of American Cancer Socity to conduct a bike-a-thon on September 21, 1975, rain date September 28, sub- ject to the condition that the route be submitted to and approved by Chief Corr. Selectmen's; Meeting August 11, 1975 Chairman Kenney read a letter from Mr. Noland B. Greeley, President of the Historical Society, stating that the Walking Tour of Lexington is completed and all markers are in place, the Guide Booklet is on sale at the Visitors Center and Buckman Tavern Gift Shop. The basic research was conducted by Vision, Inc. of Cam- bridge, the idea was conceived by Dan Fenn, VP of the Historical Society and co-sponsored by the Society and the Lexington Bi- centennial Committee; the project was jointly financed by four Lexington banks, -the Chamber of Commerce and the Massachusetts Council on the Arts and Humanities. Posts for the markers were furnished by Boston Edison and installed by the Telephone Com- pany. Thanks are extended to the Town Department of Public Wbrks for help in cutting the posts to dimension and for in- stallation. The Board of Appeals and Historic Districts Co - mission were helpful in approving design and location of markers, and we are indebted to Town officials for permission to locate many of them an Town property. During the two years when the markers will be in place, we hope they will provide helpful and informative to many Lexington residents and countless tourists. The Board agreed to write a letter of appreciation to Mr. Greeley for the accomplishment of such a tremendous project. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meeting of December 16, 1974, and May 19, 1975. - The Board discussed perambulation of Town boundaries and it was agreed that Mr. McSweeney is to make arrangements to contact the Boards of Selectmen of the abutting towns for a convenient date in the fall to walk the boundaries. Upon motion duly made and seconded, it was voted to table the request from Mr. McSweeney to rescind the vote of June 30 con- cerning the installation of conduit from Bedford Street on the westerly side of Winter Street. Chairman Kenney informed the Board that a formal request for a dog hearing bas been received from. Dr. Edmund J. Buchinskas on the dog owned by Elliott I. Mishara, 193 Grant Street. Upon motion duly made and seconded, it was voted to conduct a dog hearing on the formal complaint received from Dr. Buchinskas on the dog owned by Mr. Mishara. Date to be set later pending information as to a convenient time for Dr. Buchinskas' attorney to be present. 38 Lexington Walking Tour Markers Minutes Boundary Perambulation Tabled Item Conduit Dog Hearing 394 Order of Sewer Construction Grant Street Order of Sewer Taking Haskell Street Bicycle Racks Willards Woods Sidewalk Vinebrook Rd. State Aid - Highways Selectmen's Meeting August 11, 1975 Upon motion duly made and seconded, it was voted to approve the request of the Director of Public Works/Engineering to sign the following: Order of construction of sewer on Grant Street from East Street a distance of 675 feet, more or less, southerly, abutting the premises designated as Lots Pt. 62/5, Pt. 62/5, "A," "B", 1, 2 on the Assessors' plans. -< Order of Sewer Taking on Haskell Street from Summer Street, Easterly 150 feet, more or less, abutting the premises designated as Lot "A" on Assessors" plans. Mr. McSweeney informed the Board that the Lions Club has given approval of providing bicycle racks at six locations in the Town. The locations have to be approved and we will bring a sketch plan to the Board. Chairman Kenney: When we approve the locations, we should be sure to have publicity on the project. Mr. McSweeney reported to the Board that a barrier will be erected at the Willards Woods entrance in approximately three weeks. For now, a cable will be put across it. After the gate is installed we will grade the road and the parking area. Chairman Kenney: Put some reflector tape on the cable. When you finish the project, we will put a notice in the paper that it has been closed off. Chairman Kenney read a request from Mrs. Nancy Sorensen to construct a brick sidewalk in front of her home at her own ex- pense. After discussion with Mr. McSweeney, the Board agreed to refer the matter to him with the understanding that he would contact Mrs. Sorensen to resolve the construction of the brick sidewalk in front of her home at 1 Vinebrook Road. Chairman Kenney informed the Board that the Board has been requested by the State Department of Public Works, District #4, to sign the "notification in writing" of the amount that will be incurred as the actual cost during Fiscal Year 1976, for Section 14, Chapter 497, Acts of 1971. Selectmen's Meeting August 11, 1975 Upon motion duly made and seconded, it was voted to sign the certification to be submitted to the Massachusetts Depart- ment of Public Works that the amount of $561,250.00 will be incurred by the Town of Lexington as the actual cost during the Fiscal Year 1976 for construction, maintenance, and polic- ing of streets and road in accordance with Section 14, Chapter 497, Acts of 1971. The Board discussed Wild Acre Inn, Inc., 50 Eercy Road, and agreed to invite the owner, Dr. Bernard Yudowitz, to the next meeting on August 25 regarding the operation of the Inn. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial inerests of the Town, or the reputation of a person. After discussion of matters of financial interest and policy, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10:00 p.m. A true record, Attest: A.0 Executive Clerk, Selectmen Wild Acre Inn Executive Session SPECIAL SELECTMEN'S MEETING August 13, 1975 A special meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Wednesday, August 13, 1975, at 8:30 p.m. Present were Chairman Kenney, Messrs. Bailey and Buse, Mr. Cohen, Town Counsel, and- Mrs. McCurdy, Executive Clerk. Sale of Mr. Louis A. Zehner, Town Treasurer, met with the Board to Bonds request approval of the sale of bonds. He informed the Board that 23 individual or syndicate bids were received, ranging from Treasurer 4.70 to 5.20 percent. It is recommended it be awarded to the lowest bidder, Paine, Webber, Jackson & Curtis, Inc. Upon motion duly made and seconded, it was voted that the sale of the following 4.70 percent bonds of the Town of Lexington dated August 15, 1975: $835,000 Sewer Bonds (Nos. 1 to 167) payable August 15, $170,000 in 1976 and 1977 and $165,000 in 1978 to 1980, $ 50,000 Conservation Bonds (Nos. 1 to 10) payable August 15, $10,000 in 1976 to 1980, to Paine, Webber, Jackson & Curtis, Inc. at 100.149 and accrued interest is hereby approved. Upon motion duly made and seconded, it was voted to adjourn at 8:40 p.m. A true record, Attest: xecutive Clerk, Selectme Selectme 393 SELECTMEN'S MEETING August 25, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, August 25, 1975, at 7:30 p.m. Chairman Kenney, Messrs. Bailey and Busa and Mrs. Battin; Mr. O'Connell, Town Manager, Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering; Miss Casey, Assistant Executive Clerk were present. Mr. Louis A. Zenner, Town Treasurer, reported to the Board Bond that the bond issue has sold very readily and requested author- ization for the use of facsimile signatures on the bonds. Upon motion duly made and seconded, it was voted to authorize the use of facsimile signatures on the bonds. Upon motion duly made and seconded, it was voted to authorize Lexington Mr. Kenney to sign the Annual Contributions Contract MAO -6-E067-011 Housing of the Lexington Housing Authority.. Contract Chairman Kenney read a letter from Mr. Paul O'Brien regarding Sewer - the sewer at Sumner Street, requesting abatement of the sewer Summer betterment assessment. Mr. McSweeney pointed out that Summer Street Street is a State Highway and the Public Works Department had gone to a great deal of time and expense to finalize a contract with the State to complete the sewer. He felt that this portion of the sewer line would go through easily as test borings did not show any ledge as experienced in the rest of the line. This would complete this end of the Town as far as sewerage is concerned. It was suggested that the sewer be completed and Mr. O'Brien and Mr. Farnham be given a deferment. Mr. O'Brien asked what the implica- tions of this would be. It was explained that it would be granted on the condition that the lots in question would not be built upon. Both Mr. O'Brien and Mr. Farnham stated that they felt that the lots were not buildable. Mr. Kenney asked what the cost was to do the 200-230 feet in question. Mr. McSweeney said about $2,000. Mr. Kenney asked why spend the money if the people don't want the sewer anyhow. Mr. Busa pointed out that it would cost twice as much, if at a later date, it was to be serviced and the Public Works would have to, again, get a con- tractor and contract with the State. It was suggested that if Mr. O'Brien and Mr. Farnham would give the Town a perpetual easement so that no building could be done on the lots, they would stop the sewer at Haskell Street as requested by Mr. O'Brien and Mr. Farnham. 394 Permit Permit Selectmen's Meeting August 25, 1975 Both gentlemen felt that this could affect the sale of their property. Upon motion duly made and seconded, it:was voted to finish the sewer as stated in Mr. McSweeney's report -- if no ledge, finish to the end -- if ledge, stop at Haskell Street. If the sewer is completed, Mr. O'Brien and Mr. Farnham will be given deferments. Upon motion duly made and seconded, it was voted to grant per- mission to Carl A. Pitha to hold a block party on Friday, September 5, with a rain date of Saturday, September 6 and Sunday, September 7 at Longfellow and Hawthorne Roads. Upon motion duly made and seconded, it was voted to grant per- mission to "Five Fields, Inc." to hold their annual Labor Day square dance on Saturday, August 30 with a rain date on Sunday, August 31, at the intersection of Barberry and Field Roads. Highway Mr. Kenney read notification of the Annual Highway Hearing Hearing for Middlesex County. Mr. McSweeney stated that on Tuesday of this week he and Mr. Chase were to meet with Mr. John Kiernan, District 4 State Aid Officer, and report to Mr. Kenney on the status of Hancock Street. He will submit a report and recommend- ations as to what project the money should be assigned to. State Mr. Kenney read Mr. O'Connell's memo relative to State Assist - Assistance ance from the Office of Local Assistance with regard to their letter of July 30. Mr. O'Connell conclusions were that the possible benefits outweigh the negatives and that the Town should apply and find out where it places us. His major reasons are as follows: 1. This is a continuing relationship being initiated, and not just a one-time project matter. 2. Lexington's status in meeting the Selection Guidelines as favorable -4; questionable -5; negative -2. 3. Assistance with our program of overall long range community development planning would be the best match of need vs. type of assistance offered. We have an effort underway and have some funds provided which gives us matching funds capability now. This should be a large plus in our favor. 4. Qualification requirements are low income housing oriented. This is admittedly one of Lexington's high priority problems. Getting the State involved on an assistance basis should improve our overall relationship with the State on housing issues. 5. We have little to lose by trying. The initial application requirements are not severe, although Wayne Torkington has cautioned me that the completeness with which we do the initial application will be a major consideration. Selectmen's Meeting August 25, 1976 6. The Dukakis administration claims that it is more sensi- tive to local community problems and wants to demonstrate its capability and sincerity. They deserve a chance to show what they can do. Mr. O'Connell is to get together with Mr. Briggs and develop initial application. Mr. Kenney read a letter from Mr. Colangelo regarding his Hinchey request to have permission to remove earth material from Hinchey Road Road from Hartwell Avenue to the top of the hill, the former location of the Brucchi house and the Carota house. The houses have been removed. Mr. McSweeney's report was read which stated that while he deemed the request of Mr. Colangelo practical and even desirable, he questioned the legality of off -hand permission to do so as the portion of Hinchey Road he wishes lowered in a Town way. He suggested the following two possible courses open to him: 1. A public hearing could be held in which the Town proposes to lower the road and restore it to Town standards. The cost would be borne by Mr. Colangelo. 2 The discontinuance of Hinchey Road could be proposed to the 1976 Town Meeting. If Town Meeting agreed to the proposal and an agreement was reached between Mr. Colangelo and Hewlett- Packard, the only two abutters, the former road could be lowered by the two new owners of the land upon which Hinchey Road sat, again, at no expense to the Town. Mr. Bailey suggested that Mr. Colangelo be asked to come and talk with Mr. McSweeney about it. It was agreed that this was the best course to take and Mr. Kenney is to write to M. Colangelo. A request from Mrs. Mary Collins, 39 Fottler Avenue relative Water to an adjustment of water rates for senior citizens was discussed. Rates Mr. McSweeney's report stated that a review with the MDC Water Senior District, from whom we purchase the water, and other cities and Citizens towns including Boston, revealed that no one to date has provided financial relief from a minimum water usage charg . He presented the following two proposals for consideration by he Board: 1. One is just to charge or change our pre nt rates as approved by the MDC Water District by adding a fl t rate of 45 cents per hundred cubic feet for "senior citizens'. s Selectmen's Meeting August 25, 1976 2. Allow only those persons over 65 and 70 who qualify for real estate tax abatements on their homes to pay the water registered through their meters. Mr. McSweeney pointed out that the disadvantages with proposal #1 are that it would be a tremendous bookkeeping and qualifying procedure by age of the senior citizen to make sure that they not only qualify by age but are living at the home in Lexington. This would be similar to the procedures used in issuing permits for the Sanitary Landfill. Proposal #2 could be implemented whereas we already have certain legal procedures set down by the Board of Assessors through real estate tax abatements that qualify people, that is, annual income, age, dependency, etc. This category presently has approximately 175-200 homes that qualify for such an abate- ment. This would also require the Board of Selectmen to get approval of the flat rate of the MDC Water District. Mr. McSweeney also pointed out in his report that, getting into the question of hardship -- are we truly setting aside one particular group from paying their proportionate share of municipal services. A survey revealed that 90% used less than the minimum rate. This would be a possible abatement of $3.13 semi-annual. It was agreed by the Board that the matter should be referred to the Council on Aging. Request The Board discussed the request of Mrs. Joanne C. MacDonald for 33 Skyview Road to have her house connected to the Rangeway sewer Sewer system instead of Skyview. Mr. McSweeney pointed out that this Connection is the best physical and financial route for her to take, but it would require a sewer easement across Town -owned land. Mr. Cohen pointed out that the Selectmen don't have the authority to grant an easement and it would have to be voted at the next Town Meet- ing. After further discussion it was voted to table the matter. Belfry Upon motion duly made and seconded, it was voted to approve Terrace the recommendation of the Director of Public Works/Engineering Contract to sign Contract 76-2-E to take temporary construction easements on Belfry Terrace. Munroe Chairman Kenney read Mr. McSweeney's report relative to lithe School gap study made as a result of the request of the Munroe School Traffic PTA for traffic signals for non -school hours under the School - Signals Crossing Warrant. There was considerable discussion of the re- port and Mr. Bailey felt that the matter should be tabled until there was more time to study the whole file. Selectmen's Meeting August 25, 1975 Upon motion duly made and seconded, it was voted to table the request of the Munroe School PTA for traffic signals for non -school hours. Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for Certificate of Incorporation: Anna Corapi 21 Sanderson Road "Self -Help Counseling Institute, Inc." Robert C. Scott,Jr. 32 Woodland Road Sally Terrell Scott 32 Woodland Road Milliard P. Grush 32 Colony Road "Center for Productivity Motivation, Inc." Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works/Engineering to sign the Order of Taking for sewer easement on Concord Avenue at Waltham Street. Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public works/Engineering to abate the following water bill: Certificate of Incorporation Order of Taking Concord Ave. Water Abatement U.S. Dept. of Interior 760 Marrett R3. 11.25 - Meter taken out The Board discussed requests from the following people to purchase tax title land: Tax Title Lots August Schumacher - Lots 82 and 83, 84 through 91 Colonial Heights Joanne C. MacDonald - Lot 82 - Map 90 -- Skyview Road James R. Bartell -Harry A. MacKay - Orchard Street Dean H. Curtin -David A. & Susan Rogers - Lot #184, Map #72 -Reed Street Claire Meaney - Lots 23 through 25 -- Map 72 - Earl Street George C. Gormley - Lot 57 - Map 88 -- James Street After preliminary discussion, it was brought out that the Planning Board had not submitted maps and sufficient information to make a final decision by the Board. It was agreed to set up an appointment with the Planning Director and clearly define the lots. Upon motion duly made and seconded, it was voted to table the matter. Dog Hearings Selectmen's Meeting August 25, 1975 Upon motion duly made and seconded, it was voted to set the dates for the following dog hearings: September 17, 1975 8:30 a.m. September 17, 1975 9:30 a.m. - Mrs. Janne Reagan (Kealy) Mrs. Nancy C. Bacon - Mr. Elliott I. Mishara Dr. Edmund J. Buchinskas Upon motion duly made and seconded, it was voted to hold the Selectmen's next regular Selectmen's Meeting on Sepember 8, 1975. Meeting Upon motion duly made and seconded, it was voted to grant per - House mission to Donald G. Gordon, Inc. to move a house from Sunnyside Move Land in Lincoln to Route 2A, along Route 2A to Marrett Road, to Waltham Street to Blossomcrest Road, Lexington. Permission was granted subject to the conditions set forth by the Public Works and Police Departments and the Commonwealth of Massachusetts Department of Public Works. Executive Session Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town, or the reputation of a person. After discussion of matters of personnel and the financial interests of 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: -1?_6i Asst. Executive Clerk 1 VOD 1 399 400 void SELECTMEN'S MEETING September 8, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, Sept- ember 8, 1975, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Buse, Kessler, and Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. Martin, Assistant Town Engineer; Mrs. McCurdy, Executive Clerk, were present. At the request of the Town Clerk, the following jurors:: were Jurors drawn: Robert H. Thomas Thomas F. O'Brien Andrew Nigrini E. Michael Alien Martha J. Lima Peter Alex David W. Currier 28 Burroughs Road 3 Ellison Road 17 Highland Avenue 5 Fuller Road 40 Vaille Avenue 20 Lawrence Lane 15 Deering Avenue Mr. Louis A. Zehner, Treasurer, met with the Board to request approval of a $50,000 bond anticipation loan from the lowest bidder, the Harvard Trust Company, at 2.25 percent. Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Treasurer for a bond anticipation loan from the Harvard Trust Company in the amount of $50,000 at 2.25 percent; notes to be dated September 12, 1975, and maturing on March 12, 1976, with the privilege of prepayment. Mr. Zehner informed the Board that he will submit ten photo- graphs to be entered by the Town in the Massachusetts Selectmen's Municipal Photography contest. The Board expressed appreciation to Mr. Zehner for his efforts in personnaly selecting the photographs. Mr. Zehner reported that he had received a check for $442,000 which is reimbursement by the State for the subsidy due the Town last May when we advanced the funds for the fund interest on the High School Chairman Kenney requested approval of the Board for a transfer from the Reserve Fund to the Selectmen's Account 1050 in the amount Request - of $4,913.88 for the balance of the cost of the State Census. Funds State Census were not budgeted for this census and we were able to absorb $3,186.22 Acct.1050 in the FY 75 budget; $4,913.88 must be returned to FY 1976 Account 1050. The total cost of the State Census was $8,100.00.* 401: Treasurer Municipal Photography Contest State Reimbursement High School Transfer *With reimbursement by the State of 25 cents per person. 402 Appropriation Committee Vandalism Schools & Cemetery Building By -Law Violation Battle Green, etc. DPW Equipment Sedans Selectmen's Meeting September 8, 1975 Upon motion duly made and seconded, it was voted to request approval of the Appropriation Committee for a transfer from the Reserve Fund to Selectmen's Account 1050 in the amount of $4,913.88, representing the balance of the cost of the 1975 State Census. Mr. O'Connell thanked Mr. Thomas Wenham, Assistant Assessor, for the excellent job performed in directing the operation of the Census. Mr. O'Connell informed the Board that the Appropriation Committee would like to have Mr. Perry, Comptroller, as Secretary of the Committee; Mr. Perry is an ex -officio member with no vote in accordance with the Town By -Law. They would still keep the paid recorder and Mr. Perry would be secretary in name only. The Board had no objection. Mr. O'Connell reported on extensive damages to Town build- ings as a result of vandalism. There was major damage as a result of a fire at the Westview Cemetery garage building and - evidence points to arson. If the criminal is apprehended, he would strongly advocate the greatest punishment so that the youths or adults would be aware of the serious crime of arson. There is no estimate of the damages but they will be signif- icant. Also, Harrington School has been a particular target for vandalism all summer and over the weekend, and 13 or 14 large windows were broken at the Maria Hastings School. He will discuss the question of whether emergecny measures can be taken, and will report back to the Board after tag with involved departments. Mr. O'Connell advised the Board of a violation of the By - Laws by a Boston furrier who -has been using the Battle Green, Minuteman Statue, Belfry Hill and Buckman Tavern in his adver- tisements in the Boston papers. He pointed out that, in one "ad," a model is standing on the monument. The Board agreed that Mr. Cohen, Town Counsel, is to confer with Mr. O'Connell and then send a letter to Mr. Kakas informing him that the Board is displeased with the unauthorized use of historical places in Lexington and to point out that he is in violation of the Town By -Laws. Mr. O'Connell discussed the purchase of DPW -equipment, two sedans and a grader. DPW had invited four area dealers to bid on the sedans but Rowe Chevrolet was the only bidder. He had reservations about it as he felt we could acquire more suitable cars for general use at less than $5,150 per vshicle before trade-in allowance. Selectmen's Meeting September 8, 1975 He had questions of what the difference in cost would be for a smaller two -door model and, after comparisons were made, he now recommends the purchase of 8 cylinder Cheielles with 350 cubic inch engines, four doors. The Board questioned the purchase of two cars with 8 cylinder vs. 6 cylinder engines, and Mr. O'Connell is to return next week with additional information on the need. Mr. O'Connell recommended the purchase of a used grader for $20,000. It was formerly owned by the International Paper Company and, according to DPW it is in excellent condition and after being cleaned and painted it could be put into operation immediately. Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager to purchase a used grader for $20,000. Upon motion duly made and seconded, it was voted to table the request from Munroe School P.T.A for a pedestrain crossing signal pending a meeting on next Mondor, with the P.T.A. Chairman Kenney read a report from Mr. McSweeney, Director of Public Works/Engineering, stating that he had met with Mr. Michael Colangelo on August 27 to discuss the matter of Hinchey Road. The following were agreed upon: 1. Mr. Colangelo would like the road lowered to an elevation of 134 feet. 2. Mr. Colangelo is not interested in the acquisition of the property at this time. 3. Mr. Colangelo would not lower or remove the fill at his own expense. 4. If the Town wants to do it, Mr. Colangelo would give them access over his property in order to lower it. 5. The Town would remove the guard rail at its own expense. If the Board approves, (a) the Town Engineer will stake out the area by Hewlett Packard about 80 feet going up; )b) The Town would put guardrails across the bottom by the toe of t74e slope and also use fill in the area behind the guard- rails; (c) Mr. Colangelo stated that there would be no problem starting if the Town completed their part by mid- September. This department concurs with the lowering and would recommend its removal and discontinuance. This would be accomplished by using the funds available in Account #5850 for "fill cover." If the Board concurs, we will make the necessary arrangements for its removal and transportation to the Hartwell Avenue Sanitary Landfill. 403 DPW Grader Munroe School P.T.A. Colangelo Hinchey Road 404 Article - Hinchey Road Norton Rd. Paul Winter Sewer Assessment Sewer , Betterment 1 Commitment Sheets Theatre Licenses - Cinema I and II Ch. 90 - Hancock St. Annual Highway Hearing Selectmen's Meeting September 8, 1975 Upon motion duly made and seconded, it was voted to approve the recommendations of the Director of Public Works/Engineering regarding Mr.CSlgelo and Hinchey Road, subject to the under- standing that, before any work is begun, Mr. McSweeney must re- ceive written approval of Mr. Michael Colangelo and the owner of Hewlett Packard, abutter. Upon motion duly made and seconded, it was voted to insert an Article in the Warrant for the 1976 Annual Town Meeting for the discontinuance of a section of Hinchey Road. Upon motion duly made and seconded, it was voted to sign the form for abatement of 50 percent on the sewer betterment assessed to Mr. Paul Winter, 6 Norton Road, in the amount of $274.03. Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering to sign sewer betterment commitment sheets for; Blossom Street, Concord Avenue, Davis Road, Demar Road, Gould Road, Green Lane, Grimes Road, Hayes Lane, Holland Street, Jeffrey Terrace and Laconia Street. Upon motion duly made and seconded, it was voted to renew the Theatre licenses for weekdays and Sundays for Cinema I, 1794 Mass. Avenue; Cinema II, 10 Muzzey Street, and to sign the application to the State Commissioner of Public Safety for Sunday Theatre licenses for Cinema I and Cinema II. Chairman Kenney read a report from Mr. McSweeney regarding Chapter 90 Hancock Street reconstruction, stating that Mr. Chase, Town Engineer, had contacted Mr. John Kiernan, State Aid Engineer, to discuss the matter in relation to the Annual Highway Hearing scheduled for September 30, 1975. When asked if the State is still willing to design and reconstruct Hancock Street within its ex- isting layout and at its present roadway widths, Mr. Kiernan stated that, in his opinion, these conditons can be met even though not completely desirable to them from a design and roadway safety point of view. He further stated that the State DPW has no desire to change the character of Hanoock Street and there are no arbitrary rules which the Town must accept contrary to its wishes. He feels it is the duty of the State DPW to design a safe road and, in his opinion, it can be done. He did, however, point out that due to the narrowness of the existing roadway pavement, the State DPW would not put in vertical curbing on both sides of the street. Only mountable curbing, either sloped edging or berm, would be permitted. This stipulation is made strictly for safety purposes. This department (Lexington DPW) finds this stipulation acceptable. Selectmen's Meeting September 8, 1975 The report further states, inasmuch as the State DPW is still willing to design and reconstruct Hancock Street within its existing layout and at its present roadway widths, the Town DPW/Engineering department recommends that the Town present an identical request at the annual hearing to that of last year, namely - Hancock Street with an alternate of East Street. Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering that the following information be submitted at the Middlesex County Annual Highway Hearing on September 30, 1975: Chapter 90 Construction: Hancock Street from Bedford Street to Adams Street, approximately 2,750 feet; estimated cost $192,500 and estimated Town expenditure, $60,000. Alternate: East Street from near•: Lowell. Street to Woburn Town linea approximately 665 feet; estimated cost, $50,000. Chapter 90 Construction: Various Chapter 90 roads, estimated cost, $12,000; estimated Town expenditure, $6,000. Upon motion duly made and seconded, it was voted to approve Water the recommendation of the Director of Public Works/Engineering Abatement to abate the following water bills incorrectly sent as the water was off and the meter had been taken out on 11=-9-74: Mr. Alfred Busa, 351-353 Mass. Avenue -$11.25 Mr. Daniel Busa, 351-353 Mass. Avenue $11.25. Selectman Buas abstained. Upon motion duly made and seconded, it was voted to approve Sutton Place the request of Mr. Joseph M. Connolly, Manager, for an extension Hours of of hours, under the Sutton Place Common Victualler license, to Operation 6:00 a.m. rather than 7:00 a.m. Henceforth, hours of operation will be 6:00 a.m. to 10:00 p.m. at the restaurant located at 399 Lowell Street. Upon motion duly made and seconded, it was voted to grant permission to New England Jogabouts to conduct handicap relay races in Lexington on Saturday, October 4, 1975, subject to approval of the route by Chief Corr. Upon motion duly made and seconded, it was voted to certify the character of Elihu Petnov, 73 Laconia Street, who has applied for Certificate of Incorporation, "Self-Helf Knits, Inc." Permit 406 Tax Title Lots - Gormley Lot 57 James St. MacDonald Lot 82 Skyview Rd. Sheraton Lexington Motor Inn - Hours Executive Session Selectmen's Meeting September 8, 1975 The Board discussed requests to purchase tax title lots. Chairman Kenney read a recommendation from the Planning Director that Lot 57, Assessors' Map 88, be offered to the Conservation Commission because it connects James Street to a section of conservation land being donated to the Town by the developers of Drummer Boy Green. Upon motion duly made and seconded, it was voted to deny the request of Mr. Goerge C. Gormley to purchase tax title Lot 57, James Street, Assessors' Map 88. Notice to be given to the Conservation Commission that Lot 57, James Street, it to remain as Town -owned land. Chairman Kenney read a report from the Planning Director that Lot 82, Skyview Road, Assessors' Map 90, has been acquired by the Lexington Housing Authority for scattered site housing. Upon motion duly made and seconded, it was voted to inform Mrs. Joanne C. MacDonald, 33 Skyview Road, that Lot 82, Skyview Road, has been acquired by the Lexington Housing Authority and, therefore, is not available for sale. Dr. Kessler recommended that decisions be held on the remainder of the requests to pruchase tax title lots pending reports from the Recreation Committee and the Housing Authority. The Board agreed. Chairman Kenney informed the Board that the extention of hours to 1:00 a. m. for the Sheraton Lexington Motor Inn term- inates September 30. It was agreed to write to the Manager of the Sheraton LexingtonMotor Inn that, as of October 1, 1975, the hours will revert to closing at 12:00 Midnight. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters, which if made public might adversely affect the public security, the financial interest of the Town or the reputation of a person. After discussion of matters of financial interest and personnel, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10:05 p.m. A true record, Attest: Executive Clerk, Selectmen SELECTMEN'S MEETING September 15, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, Sept- ember 15, 1975, at 7:30 p.m. Acting Chairman Bailey, Mrs. Battin, Dr. Kessler; Mr. O'Connell, Town Manager; Mr. McSweeney, Director of Public Works/Engineering; Mr. Cohen, Town Counsel; Mrs. McCurdy, Executive Clerk, were present. Acting Chairman Bailey opened the hearing on the petition of the New England Telephone and Telegraph Company for the install- ation of conduit on Bedford Street and Winter Street to service Drummer Boy condominiums. Notices of the hearing had been sent to abutters, as listed on the plan of the petitioner, and filed with the Public Works Department. A report from Mr. E. Coscia, DPW Manager, recommended that approval be granted for a change in location (previously grant- ed by the Board on June 30,1975) to the easterly side of Winter Street in order to prevent possible disturbance to the abutters' stonewalls located on the westerly side. Mr. Roland Pinault, representing the Telephone Company: I wish to be recorded in favor. This petition is submitted to coincide with the request of the Town Engineer to put the conduit on the opposite side of the street to avoid damaging fieldstone walls on one side. We have a permit for the portion owned by the State. No one appearing in favor or in opposition, Mr. Bailey de- clared the hearing closed. Upon motion duly made and seconded, it was voted to rescind the vote of June 30, 1975, granting permission to the New England Telephone and Telegraph Company for the installation of conduits and manhole on Bedford Street and Winter Street. Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone and Telegraph Company for the following location: Bedford Street: From existing Manhole #54/115, located on Winter Street the northerly side of Bedford Street approximately 100' _+ west of Winter Street, easterly 145' _+ to said Winter Street, thence northerly 463' to new Manhole #54/514, located at the pro- posed roadway to the Drummer Boy Green, a total of 608'+ of conduit. 40 NET&T Co. Conduit - Bedford/ Winter Sts. 408 Boston Edison Conduit - Bedford St. Lois Lane Air Conditioning E. Lexington Library Contract 75-9-E Selectmen's Meeting September 15, 1975 Winter Street: One Manhole #54/514 located on the easterly side approximately 463'± north of Bedford Street. Acting Chairman Bailey read a petition from the Boston Edison Company for the installation of 32 feet of conduit on Bedford Street at, and southerly from Lois Lane, to supply electrical service to the Center Estates. No hearing was necessary as previous permission had been granted, by letter, on June 9, 1975. Upon motion duly made and seconded, it was voted go sign the order for the following location of Boston Edison Company conduit: Bedford Street at and southerly from Lois Lane, a distance of about 32 feet - conduit. Mr. O'Connell informed the Board that bids had been received August 14 for the installation of air conditioning at the East Lexington Branch Library. The recommendation is to award the contract to the lowest bidder, Rentel & Frost, 19 Howard Street, Boston, in the amount of $8,600. The other two low bidders were: L. C. Anderson, Inc., 830 Commonwealth Avenue, Boston, $9,277; Cooling Systems Engineering, Inc., 72 Walnut Street, East Dedham, $10,114. It is also recommended that the total, including consultant's fee, etc., is not to exceed $15,000. Authority is contained in Article 30 of the 1975 Annual Town Meeting, appro- priation of $20,000. Mr. O'Connell: Mr. McSweeney has looked into the background of Rentel & Frost and has obtained a statement that the firm is financially sound. Upon motion duly made and seconded, it was voted to award the contract #76-14-E to Rentel & Frost, Inc., Boston, for air con- ditioning the East Lexington Branch Library. Mr. O'Connell recommended that the contract be awarded for sewer and drain construction of Andreassi Bros., Inc., 102 Park - lawn Road, West Roxbury, in the amount of $270,850.41. This would involve Waltham Street to Concord Avenue Trunk Sewer, Concord Avenue, Walnut Street, and Grant Street. The other two low bidders were: Dahl Construction, Merrimack, N.H., $277,130.61; Pitt Construction Corporation, Acton, $309,350.46. Authority for this work is contained in Artical 17 of 1974 -Drain Construction; Article 20 of 1974 -Sewer Laterals; Article 20 of 1975 -Sewer Laterals; Article 21 of 1975 -Trunk Sewer. Selectmen's Meeting September 15, 1975 Upon motion duly made and seconded, it was voted to award Contract 75-9-E to Andreassi Bros., Inc., West Roxbury, in the amount of $270,850.41. Mr. O'Connell also recommended that the contract for sewer, drain, and street construction be awarded to J. J. O'Brien & Sons, 1 Laxfield Road, Weston, in the amount of $97,668.50, for Wood Street, Middle Street, and Belfry Terrace. The other two low bidders were: United Construction Co., Somerville, $98,187.76; H. A. Farfard & Sons Const., Inc., 56 Fruit Street Ashland, $102,621.00. Authority for this work is contained in Article 17 of 1975 -Drain Construction; Article 20-1975 Sewer Laterals; Article 49-1975 Street Construction. Upon motion duly made and seconded, it was boted to award Contract 76-2-E to J. J. O'Brien & Sons, Weston, in the amount of $97,668.50. Mr. O'Connell read a letter from F. William Smith stating that he is not interested in being re -appointed and would term- inate his services as a member of the Board of Assessors on December 31, 1975. Mr. O'Connell: I am sure that the Board joins with me in thanking Mr. Smith for the excellent job he has done as an Assessor. The Board agreed. Mr. O'Connell informed the Board that Mrs. Marie Graham of 17 Douglas Road has requested approval of painting the hydrants in her neighborhood. Each one would be different and resemble a Minute Man, etc. He pointed out that fire hydrants belong to the DPW and the Board might want to reserve the right to approve the designs. The Board agreed that Mr. O'Connell is to come back to the Board with recommendations. Mr. O'Connell discussed the action by Governor Dukakis in signing the bill setting the date of March 2 for the Presidential Primary. Town Election Day is March 1, according to the Town By - Law. The Town Clerk talked with the State and it was indicated that they were working on a set of instructions for Towns. There is a total of 7 towns having annual town meetings on the first Monday of March; there are some that have it on Saturday, and Brookline has it on Tuesday. The law requires that voting machines be sealed for 30 days but we might be able to use half the number on each day, which means longer voting lines. It means preparing two sets of voter lists, and we have only one set of election officials who normally work one day on the election and the next day to check the tallies. The Board might 409 Contract 76-2-E Board of Assessors - Smith Painting Fire Hydrants Town Election Presidential Primary 410 Towing Policy Dog Fees Selectmen's Meeting September 15, 1975 want Town Counsel to look into matters as it is quite likely that these two elections will compete with each other. Is the matter serious enough to consider a Special Town Meeting to change the date of the Annual Town Meeting in order to separate the two? If this is given consideration, the Town Clerk reminds us that the decision could not be put off very long. The Board agreed to withhold a decision at this time. Acting Chairman Bailey recommended that, Board is not present, the policy on Towing of be adopted next week. Mrs. Battin: Are the suggested criteria Policy? Mr. O'Connell: Yes, but they haven't been documented before. Mrs. Battin: They have been in practice? Mr. O'Connell: Yes. Mrs. Battin: I take exception to the current practice by the choice of the towing company to be called being made by the desk officer or dispatcher. I think the companies should be rotated. Dr. Kessler: I am proposing to add to the sentence, "It is his responsibility to see that adequate towing service is provided promptly," by the following, " and that work is divided fairly among the companies on the current approved list." We would expect the work to be rotated. Mrs. Battin: And it ought to be. Define fairly. Mr. E. Fowle, 12 Winthrop Road: I like the idea of absolute division of the work, for reasons I could provide. Dr. Kessler: I think it places too much constraint on this. I would like the Board members to think about it and we can adopt the policy next week when the full Board is:here. Upon motion duly made and seconded, it was voted to table the matter of the Policy on Towing of Private Vehicles until the next meeting. inasmuch as the full Private Vehicles now in the present Acting Chairman Bailey read a recommendation from George Smith, Director of Public Health, to adopt neva^.kennel fees to become effective when the new Animal Shelter is in operation. Upon motion duly made and seconded, it was voted to adopt the following dog kennel fees, which will become effective when the new Animal Shelter is in operation: Selectmen's Meeting Fee September 15, 1975 Adoption (Mixed breed) $ 3.00 Adoption (purebred) 15.00 Redemption 10.00 Board per day: First 7 days 3.00 After 7 days (known owner) 5.00 Euthanasia 10.00 Acting Chairman Bailey read a request from Mr. McSweeney to sign commitment sheets for sewer assessments. Upon motion duly made and seconded, it was voted to sign the Betterment commitment sheets for sewer betterment assessments on the follow- Commitments ing streets: Lawn Avenue, Lincoln Street, Lowell Street, Partridge Road, Summer Street, Sunny Knoll Terrace, Turning Mill Road, Win- gate Road, Woburn Street, Wyman Road, Young Street. Sewer Acting Chairman Bailey read a request from the Regal Bus Lines Inc., Newton, for a license to operate motor vehicles through the Town to transport Honeywell Corporation employees from the Framing- ham plant to the Billerica plant. Upon motion duly made and seconded, it was voted to sign the license to the Regal Bus Lines, Inc. to operate motor vehicles for the carriage of passengers along Route 128 between the Lexington- Waitham line and the Lexington -Burlington line; license expiring December 31, 1975. No stops in Lexington. Upon motion duly made and seconded, it was voted to sign the Auctioneer's license for Mr. Paul W. Marshall, 6 Chandler Street, expiring March 31, 1976. Acting Chairman Bailey read a request from Ms. Delia R. Alonso, Winchester, for permission for a display stand to sell photographs of Lexington and the Bicentennial in the Battle Green area. It was agreed to refer Ms. Alonso to the Chamber of Commerce as this is a private business. Mrs. Barbara Hills and members of the Munroe School P.T.A. met with the Board to discuss the petition for installation of traffic signals with pedestrian push button controls on Massachusetts Avenue at the Munroe School. Mr. Bailey: This request goes back to 1970. We met with you last January and there was discussion as to what constituted a gap for crossing, and what didn't. We asked Public Works to check and to take it up with the State Department of Public Common Carrier License - Regal Bus Auctioneer Permit Request Alonso Munroe School Traffic Signals 41 Selectmen's Meeting September 15, 1975 Works, to review with them as to precisely what would be required to get pedestrain controls there, and to report back to us if they weren't making headway. We have a report from,Public Works that they reviewed the gap studies and fundamentally concur with the P.T.A., and concur that some control is needed. As you know, we now have a crossing guard for children. Everybody agrees that there is good control to and from school but everybody wonders about after school. Mrs. Hilts: We are concerned with before as well as after school. The crossing guard is an ideal situation and if we have one all the time that would be lovely. We are risking groups that arrive around 8:00 a.m., after school sports on Tues- day, children caning. in for extra help on Thursday, brownie and girl scout groups, many children go to Muzzey and Munroe play- grounds after school. These activities are all school related and we are concerned about them. There are many children on the opposite side of Massachusetts Avenue that are prevented from taking part in activities because parents can't cross them. These things are offered by the school and they can't participate. There is no other elementary school in Town with as much traffic in front of it as Munroe where the children do not have access to a traffic light within modest walking distance. In a discussion with Chief Corr in February, 1974, he offered the opinion that the problem at Munroe was not different in any meaningful way from those near Parker or Adams. Both of these schools, as well as Hancock at the Massachusetts Avenue -Worthen Road crossing are protected by traffic lights as well as crossing guards. We do not understand why Munroe School is not provided the same protection as other schools. These after school activities are the problem. We checked with the State DPW and the cost of such signal is $7,000 and there may be funds available for that. It is a one-time capital expenditure and it seems a small amount to pay to save the life of a child. We have had accidents there but no fatalities. Sam Silverman, Precinct 5, gave us permission to quote him that he has never known the Appropriation Committee to turn anything down when it is an act of safety. Mr. Bailey: Mr. Silverman has not had to argue on Town Meet- ing floor. Mrs. Hills: We request that it be granted. We accept the responsibility to teach our children safety but we cannot, by ourselves, provide adequate gaps in the flow of traffic on a highway as heavily used as Massachusetts Avenue. The Traffic Committee report bought out the possibility of closing Munroe School and inquiries of the School Committee indicate that no decision has yet been reached, no timetable has been set. The 41 Selectmen's Meeting September 15, 1975 report of the Reassignment Committee of May, 1975, indicated 1979-80 as the earliest possible date that Munroe might be closed. IN any case, there would still be the need to have a crossing guard and children could use the playground. There are no traffic signals from the Center down, and we have a petition signed by 213 residents of Lexington requesting a pedestrian light; these signatures represent parents of children current and past, older residents, and a number outside of the immediate area. Crossing Massachusetts Avenue is a real problem for older residents. Mr. Bailey: I would like to suggest that, because there are two Board members absent tonight, we do not vote anything now but explore everything we can on both sides of the argument and have facts ready for the Board next week. Dr. Kessler; Can this Board unilaterally, without permission from the State, put the light there? Mr. Bailey: No, the State has to grant permission. Mrs. Battin: We still have to meet the warrants. Dr. Kessler: If we agree, I still have reservations. Is there any chance if the light goes in that the necessity for a crossing guard be eliminated? Mrs. Hills: No. Mr. Bailey: Pedestrian warrants are not met except during school hours. Mr. McSweeney: We want you to know that we did review off - hours; after hours' use did not meet the warrant. Mrs. Hills: Would the Board consider increasing the hours of the crossing guard? Mr. Paul Lombard: Extend the crossing guard hours. We have students arriving at 7:45 a.m. and are there until late afternoon. I have never been thinking of the crossing guard vs. the light. We still have to have the crossing guard. Mrs. Battin: They don't want to relinquish her; they need the guard in addition to the light. Mr. Martin Gilmore: What is the time schedule, assuming everything moves well? If we wait for Town Meeting, we lose the best part of the school year. Mr. McSweeney: You will still need that vote. We spend and then we are reimbursed. Mr. Bailey: You have done your work and it is clear that the ball is in our court and we owe you a decision. The full Board will make a decision next Monday night. Thank you for meeting with us. The Munroe School P.T.A. retired from the meeting. 414 Wild Acre Inn Selectmen's Meeting September 15, 1975 Dr. Bernard S. Yudowitz, owner of Wild Acre Inn, 50 Percy Road, met with the Board. Mr. Bailey: As you may know, we have a fairly fundamental problem and we invited you tonight to get some answers. We received application from you to license Wild Acre Inn as a lodging house. Mr. Smith, Health Director, has been pursuing it along those lines and has attempted to advise you on ways of bringing it up to staudards of compliance, -as he informed us that you feel short. Then, the question came up, "Are you really operating Wild Acre Inn as a lodging house?" If you are not, then we might not have any jurisdiction at all. We would not issue a lodging house license if we do not have the authority. It might be between you and the State on the point of view of inspection. We ask you what Wild Acre Inn is being used for, and if you could give us any guidance as to whether we or the Commonwealth license you. Dr. Yudowitz: I share my ignorance with you. I purchased Wild Acre Inn as a lodging house two years ago this coming January, and it was owned by Mrs. Virginia Coleman as a legit - mate lodging house in Lexington. When the papers were passed, I was assured that the Town would transfer the license. The Inn was built in 1900 and has never been used for any other purpose. It is my intention to operate it exactly as it has been since the turn of the century as a lodging house. Last year, I received a renewal application to renew my lodging house license and I sent in my fee. I received a letter that the lodging house license had been granted; Mr. Smith visited me and said that the lodging house license had been granted, but your secretary told me that it is still in the folder. For many years, Wild Acre Inn has served as a lodging house for people discharged from mental hospitals in good community status un- til they are rehabilitated. There is a small group of foreign students who work out of Boston and live there with supper pro- vided. Then there are transients for a copule of weeks. We have never received any State money, have never requested State money, and no one is getting State money, bed or board. Mr. Bailey: Did you make a request for a State license? Dr. Yudowitz: I.did not. In 1972, when Dr. Budson was in the State Mental Health Department, Mrs. Coleman contacted him regarding a community residence, but I do not plan to do that. It is beneficial for everyone in the house to have it a mixed operation. 41_`i Selectmen's Meeting September 15, 1975 Mr. Bailey to Mr. Smith, Health Director: Is that consistent with your information? Mr..Smith: I had a visit from Mrs. Love of the State Mental Health and she said that she had received an application from Dr. Yudowitz and she was on the way over there, and would advise me at a later date as to what she had found out. Dr. Yudowitz: I have made no application downtown. I did hear that someone did come out and drop off State forms. Dr. Hudson does, without invitation, go around, but no application had been submitted. Mr. Cohen; Town Counsel: From what Mr. Smith said, there had been an application to the State, but according to Dr. Yudowitz there isn't such a thing. Mr. Bailey: We should settle two things. If Dr. Yudowitz would drop us a note that he has not applied to the State and is not seeking approval of the State, and If Mr. Smith could find out what the State is doing by coming around. That being the case, as long as you are O.K. with the Board of Appeals, and work with Mr. Smith in complying with the regulations, we would have no basis on which to deny. We will hold the license until Dr. Yudowitz positively identifies the operation. You are making good headway on 99% of the list and we are encouraged. Are you still discussing the sewer installation with your neighbors? Dr. Yudowitz: The neighbors are not interested in joining with me in the major expense. We are down to one narrowingress, not only bo the Lodge but to Dr. Sizer's house. To build the sewer, we have to go to a depth of 15 feet. In terms of fire protection for both the Sizers and me, once the road were elimi nated, there is no way of getting to those back properties. Mr. McSweeney: You are talking about back properties during construction? Dr. Yudowitz: Correct. Mr. McSweeney: In no way would they construct this and block it at night. If conditions in the area were that you were shutting it off, you would have to make provisions to keep this open. The access cannot be closed. Dr. Yudowitz: We will have to go into this. Mr. Bailey: Feel free to consult with Mr. McSweeney's office. Please give us a letter that you have not and do not intend to convert it into a community house and will operate it as in the past as a lodging house, and get together with Mr. Smith on the problems. Dr. Yudowitz agreed and retired from the meeting. 416 Executive Session Selectmen's Meeting September 15, 1975 Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, delib- erating or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town, or the reputation of a person. After discussion of personnel and private citizen matter, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10:00 p.m. A true record, Attest. )27cci_ve,. Executive Clerk, Selectmen Oi 1 1 1 SELECTMEN'S MEETING September 22, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, Sept- ember 22, 1975, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa, Kessler, and Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. Warren Empey, DPW Manager; Mrs. McCurdy, Executive Clerk. At the request of the Town Clerk, the following jurors were drawn: Camilla B. Skov Irving L. Levine Mary T. Coughlin Marie M. Bille William R. Rice Peter Mahakian Carl Lannquist, Jr. 8 Hawthorne Road 10 Estabrook Road 9 Crescent Road 21 Douglas Road 5 Raymond Street 12 Watertown Street 76 Adams Street Mr. O'Connell discussed the Presidential Primary scheduled for March 2, 1976, and recommended that Town elections be held on the first Monday in March, as usual. The Board agreed to having the Annual Town Election Day on March 1, and the Presidential Primary on March 2, 1976. Mr.O'Connell informed the Board that the State has accepted, on an unofficial basis, the Census count at 32,353. This figure will be adjusted by the State according to their standards. 33,412 was the official 1971 State Census figure. Mr. O'Connell recommended that the Board appoint Mr. Charles A. Cook, Personnel. Administrator, as the representative on the Newton Area Ancillary Manpower Planning Board. David Hughes was the former representative. Upon motion duly made and seconded, it was voted to approve the recommendation to the Town Manager to appoint Mr. Charles A. Cook as Lexington's representative on the Ancillary Manpower Planning Board. Mr. O'Connell requested approval of a transfer from the Reserve Fund to cover the purchase of a check signer used in the Treasurer's Office. The present signer is eight years old and is completely worn out. The cost is $600 and we need a balance of $238. Jurors Town Election - Presidential Primary State Census Ancillary Manpower Board Transfer Acct. 2925 Office Machines 418 CETA Employees Selectmen's Meeting September 22, 1975 Upon motion duly made and seconded, it was voted to request approval of the Appropriation Committee for a transfer from the Reserve Fund to Account 2925 in the amount of $238. Mr. O'Connell advised the Board that a representative of Newton CETA program met with Town employees, who were advised thbt their assignments will terminate early in January, 1976. CETA positions are not being terminated but, if funded in June, there will be a turnover of encumbents. We are fearful of the effect this will have in reducing our productivity as in the next round of selection of candidates, there will be certain changes in eligibility requirements, and there will be a much greater emphasis on persons having the greatest problems, and they are not likely to meet our requirements. We may train people for three months and lose them in early June. Their rules do not make much sense. The Board agreed. Munroe The Board discussed the request from the Munroe School P.T.A. P.T.A. for a traffic light with pedestrian button controls. Traffic Mr. Bailey recommended that the Board vote to request , Signal Mr. McSweeney to file an application with the State Depart- ment of Public Works for approval of the installation of traffic signals. If approved, an Article would be placed in the Warrant for the next Town Meeting. The P.T.A. has acknow- ledged the problem of before and after school children but has agreed to work with the children on safety measures. Upon motion duly made and seconded, it was voted to in- struct the Director of Public Works/Engineering to compile the necessary information to make an application to the State Department of Public Works for approval of the installation of traffic signals with pedestrian push button controls on Mass- achusetts Avenue at the Munroe School. Mishara Chairman Kenney informed the Board that a letter has been Dog received from Mr. Elliott 1. Mishara informing us that, as a result of the hearning held on September 17 on the complaint of Dr. Buchinskas against his dog, Jake, as of September 18 Jake no longer resides in Lexington. Mr. Mishara expressed his thanks to the Board for attempting to equitable resolve the dispute. The Board agreed to write a letter of appreciation to Mr. Mishara for his action in resolving the problem in the neighbor- hood. Selectmen's feting September 22, 1975 Dr. Kessler left the meeting at 8:25 p.m. (for a short while). Mr. Bailey --made a report to the Board on the dog hearing held on September 17 at 8:30 a.m. regarding the written complaint of Mrs. Robert Bacon, 102 Meriam STreet, against two shepherd dogs owned by Mrs. William Kealy, 100 Meriam Street, stating "the two shepherd dogs are a nuisance by reason of vicious disposition, frequent barking and snarling dog fights and trespassing by both shepherds and dog attack on her and her 3 1/2 year old daughter on August 11, 1975." Mr. Bailey: There was no evidence that the dogs touched them or that Mrs. Bacon touched the dogs with an axe handle. We are asked to Bind that these dog are a nuisance by reason of viciousness. Mrs. Bacon is seven months' pregnant and has a disc problem and has to be careful. Mrs. Kealy has a cardiac condition. At the hearing, it was brought out that there is only one shepherd there now, that they have moved the pen, and it is covered, and the dog is totally restrained. It would be difficult for the Board to find that the dog is a nuisance by reason of viciousness. It is fully restrained, but dogs do get out. There were no other complaints but from one neighbor who heard the dogs barhtig.j I recommend that we ask Town Counsel to prepare a statement for the Board. Upon motion duly made and seconded, it was voted to accept Mr. Bailey's report on the Bacon vs. Kealy dog hearing held on Wednesday, September 17, 1975. Subsequently, Town Counsel prepared the following letter to be sent to Mrs. William Kealy of 100 Meriam Street: "Upon complaint in writing to the Selectmen of the Town of Lexington concerning German shepherd dogs owned and kept by you at 100 Meriam Street, Lexington, the Selectmen have in- vestigated such complaint, including the holding of a hearing on September 17, 1975, where all witnesses, including the complainant, were examined under oath. Testimony at the hear- ing elicited the fact that one of the dogs has been transferred to another resident of Lexington and is no longer residing at 100 Meriam Street. It was also brought out at the hearing that no other complaints from other neighbors have been filed with the Animal Control Officer. Having considered all of the test- imony, the Board of Selectmen has determined that there is not enough evidence to find that the German shepherd dog currently residing at 100 Meriam Street is a nuisance by reason of vicious disposition or excessive barking or other disturbance. The Board of Selectmen has voted to instruct the Animal Control Officer to monitor the situation existing at 100 Meriam Street, in order to 4_: 9 Bacon vs. Kealy Dogs 420 Trimhold Requests - Blind Person Crossing Sign Bedford St. ' Worthen Rd.; Signals Hancock St. Trucking Sign Selectmen's Meeting September 22, 1975 insure that the German shepherd dog residing there, when not on a leash and under your immediate care and restraint, is kept in a pen or other enclosure as is presently in use and •1 which is as far removed from neighboring property as reason- ably possible. The Board of Selectmen has also asked to be informed if the second German shepherd is returned to the property." Chairman Kenney read a report from the Traffic Safety Committee in response to a request from Mr. Frederick J. Trim - hold, 57 Reed Street, for a "Blind Person Crossing" sign at the intersection of Bedford Street and Reed Street. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Committee that the re- quest for a "Blind Person Crossing Sign" be denied as this location will never be fully safe for the blind person, and it is actually to his benefit that the sign not be installed. The Board also discussed Mr. Trimhold's request for a study of traffic at the intersection of Bedford Street and Worthen Road to determine if it meets State warrants for a pedestrain signals. A report from the Traffic Safety Committee recommends that an application to the State not be considered as pedestrian volume portions of the State warrant are not met. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Committee not to consider an application to the State DPW for approval of installation of traffic signals at the intersection of Bedford Street and Worthen Road. Chairman Kenney read a report from the Traffic Safety Committee in response to a request from the Meriam Hill Association to have the "Heavy Trucking Excluded" sign' moved 40 felt south of its present position on Hancock Street.. The report states that a request had been submitted to the State Department of Public Works for a permit for ;two signs on Hancock Street, and to approve an alternate route of Bedford Street, Woburn Street and Lowell Street. A reply was received that a field survey had been made by the State, taking into consideration street widths and general neighborhood character- istics; conditions of individual roads data was noted while traversing both the alternate route and the street proposed for exclusion. The alternate route, because it lies partly within the Town of Burlington and seems to be unreasonably circuitous, is an unacceptable by-pass route. Therefore, the vehicle re- striction for Hancock Street must be denied by the Massachusetts Department of Public Works. Selectmen's Meeting September 22, 1975 The Traffic Safety Committee also recommended that the existing signs on Hancock Street be removed as there is no legal authorization for them. Upon motion duly made and"seconded, it was voted to accept the recommendation of the Traffic Safety Committee that the existing "Heavy Trucking Excluded" iLgp.' are to be removed from the two locations on Hancock Street. The Merriam Hill Association is to be informed of the above vote of the Board. Upon motion duly made and seconded, it was voted to sign the commitment sheets for sidewalk betterment assessments for the following streets: Brookside Avenue, Grassland Street, Waltham Street. Upon motion duly made and seconded, it was voted to sign the commitment sheets for street betterment for Grassland Street and Holland Street. Upon motion duly made and seconded, it was voted to sign the commitment sheets for water betterment assessments for Lawn Avenue. Chairman Kenney read a report from Mr. E. Coscia, DPW Manager, recommending approval of the request to move a house to Wood Street, subject to 5 conditions. Upon motion duly made and seconded, it was voted to grant permission to Metropolitan Building Movers, Inc., W. Peabody, to move a building from Old Bedford Road, Lincoln to Wood Street, subject to the following conditions: 1. A bond in the amount of $5,000 is to be posted with the Department of Public Works. 2. The house "shall not be on Wood Street before 9:00 a.m. and/or after 3:30 p.m. 3. The mover is to meet with DPW representative and the Tree Warden before permit is issued. 4. Police Officers are required to handle detours. 5. Licensee shall procure and maintain during term of permit general liability insurance with coverages for bodily injury and property damage liability and a copy of which must be submitted with the bond to the Town before permit will be issued. Upon motion duly made and seconded, it was voted to certify the character of Joseph E. Jones, 15 Baskin Road, who has applied for Certificate of Incorporation, "The Thursday Club, Inc." 421 Betterment Assessments - Sidewalks, Streets, Water Permit - House Move Certificate of Incorporation 422 Abatement Water Bill Committee Appointment - High School DPW Sedans Selectmen's Meeting September 22, 1975 Upon motion duly made and seconded, it was voted to approve the request &f Mr. E. Coscia, DPW Manager, for the abatement of water bill to Mr. Joachim Sinek, owner of 44-46 Lowell Street, in the amount of $58.05. Chairman Kenney informed the Board that a request has been received for a representative of the Selectmen to serve on the Max -Ed Committee to examine present guidelines on the purpose of Max -Ed program at the High School. Upon motion duly made and seconded, it was voted to appoint Selectman Busa as the representative of the Board of Selectmen on the Max -Ed Advisory Committee. Mr. O'Connell submitted further information on the purchase of two sedans for DPW. He had looked at the intermediate size vehicle and, in his opinion, the four door car is the most economical, Comparing the 8 cylinder -350 C.I.D. to a 6 cylinder - 250 C.I.D., the savings would be approximately $50.00 a year. The major difference in these two engines is durability and expected life, and the maintenance cost. DPW's concern is that maintenance costs of the 6 cylinder engine during the life period about 75,000 miles would be higher than:the 8 and the vehicle less reliable during that period. This can only be determined by experience. He recommended the purchase of one or two card with 6 cylinder engines but pointed out that the real difference may not be measurable for several years. Mr. Bailey moved to purchase two 6 cylinder cars. After discussion, the Board agreed to approve the purchase of one 8 cylinder and one 6 cylinder car from Rowe Chevrolet. Dr. Kessler returned to the meeting. Towing The Board resumed the discussion on the policy on Towing of Policy Private Vehicles, as recommended by Mr. O'Connell at the September 15 meeting. Upon motion duly made and seconded, it was voted to adopt the Policy on Towing of Private Vehicles, as follows: POLICY ON TOWING OF PRIVATE VEHICLES This policy statement is base on the established practice of the Lexington Police Department and is not intended to call for a departure from the present practice as approved by the Chief of Police. 1 Selectmen's Meeting September 22, 1975 Policy on towing (continued) The Chief of Police has the authority to revise the towing company selection practice at any time if, in his judgment, such action is required for proper operation of the Police Department. It is the intent of the Lexington Police Department that utilization of the services of any towing company does not carry with it any agreement or obligation expressed or implied, allocating any amount of towing work on a continuing basis. Accidents It is the owner's or operator's responsibility and obligation to have his disabled vehicle removed from the accident site. He can call any qualified and licensed provider of towing service and it preferred that he do so, The removal must be made promptly and safely to minimize hazards and obstruction of traffic. The Police Department, as a matter ofcctsreamftgamiand assistance, will, if requested, call any qualified licensed towing service requested by the owner or operator. When the car owner does not arrange for prompt towing, or when public safety interests require, the Police Department will do so. All towing, storage, and related charges shall be borne by the owner or operator in accordance with the schedule of prices approved by.the Mass- achusetts Department of Public Utilities. The Town of Lex- ington assumes no liability for payment of any charges for services provided by a towing company to the vehicle owner or operator. Selection of Towning Companies The Police Department will maintain a list of local towing companies, who request to participate, and who are judged to be qualified. The choice of towing company to be called will be made by the desk officer or dispatcher on duty, from the towing company list. It is his responsibility to see that adequate towing service is provided promptly, and that work is divided fairly among the qualified companies on the current approved list. The demonstrated quality of service provided based on actual ex- periencelAj1 be the primary consideration used in the selection. Criteria for judging the qualifications of a towing company for providing service: 42 Selectmen's Meeting September 22, 1975 Policy on Towing (continued) 1. The towing company be preferably Lexington based and already serving the Lexington area. 2. The towing company must have adequate financial re- sources and management to assure business atability, not contingent upon towing work for the Town of Lexington. 3. The company must have an adequate number and type of tow trucks (in first class condition, properly registered, licensed and insured and meeting all recognized safety re- quirements) to meet the emergency calls of the Lexington Police Department on a 24 hour, 7 day basis. 4. The company must have an adequate number of fully trained, licensed, insured,reliab2e tow truck operators to be able to re- spond to the calls of the Lexington Police Department on a 24 hour, 7 day basis. 5. The towing company, including its personnel, shall have acquired sufficient automobile and truck towing experience, in all kinds of weather and road conditions, be able to clearly demonstrate its competence tb the Lexington Police Department if so requested. The driving record of two truck operators shall be considered a part of the related experience. Criteria for judging the quality of service provided by towing company used: 1. Speed of response with proper consideration of safety, measured over reasonable time period. 2 Demostrated skill and competence in vehicle recovery, handling and towing, and protection of private property. 3. Effectiveness of serving car owner, and absence of justified customer complaints of overcharging, unnecessary damage, loss of property or similar. 4. Degree of effectiveness of assistance rendered to Lexington Police Department at accidents, emergency snow or traffic obstructions and towing of vehicles for violations which preclude operation by the driver. 1 Selectmen's Meeting September 22, 1975 Policy on Towing (continued) Other Towini Needs Lexington police officer, operating under the applicable laws, have the necessary authority and responsibility to determine when vehicles shall be towed from their locations, for such reasons as, but not limited to the following: - obstruction of private property - stolen and abandoned vehicles - improperly registered or deficiently equipped Vehicles whose operation by being driven would be illegal, dangerous, or unauthorized vehicle& whose operator has been arrested and detained The choice of a towing company to supply "Other Towing Needs" listed above, shall be made by the desk officer or dispatcher on duty from the towing company list provided. Adopted by Board of Selectmen 9/22/75 Mrs. Battin suggested that the Board consider the possibility of adding citizens to the Traffic Safety Committee, people with expertise in traffic matters. Chairman Kenney: The committee would more than welcome citizens. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town, or the reputation of a person. After discussion of matters concerning personnel, the financial interests of the Town, and the reputation of a person, it was voted to go out of Executive Session. A true record, Attest: Executive Clerk, Selectmen 425 Traffic Safety Committee Executive Session 426 NET&T Co. Conduit - Mass. Ave. Charles St. Photography Contest SELECTMEN'S MEETING September 29, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, September 29, 1975, at 7:30 p.m. Chairman Kenney, Messers. Bailey, Buse, Kessler, and Mrs. Battin; 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 upon the petition of the New England Telephone Company to install conduit on Massachusetts Avenue at Charles Street. Notices of the hearing were sent to the abutters and also filed with the Public Works Department. Mr. Roland Pinault, representing the Telephone Company, was present. A report from the Director of Public Works/Engineering recommended approval of the request for installation of conduit. Mr. Charles Bowker, 172 Mass. Avenue, asked how much digging is required? Mr. Pinault: The trench will be 1 ft. in width. I have talked with Mr. Sullivan, an abutter, and explained the project. Mrs. Dimson, abutter at the corner of Charles Street, and Massachusetts Avenue, asked how long it will take? Mr. Pinault: They will be in and out of your corner in a day. Restoration will be done according to requirements of DPW and will be under the supervision of the Town. Mr. Sullivan: There is no possibility of the utilities being shut off. Mr. Pinault: No. No one else appearing in favor or in opposition, the hear- ing was declared closed. Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone Comapny for the follow- ing location: Massachusetts Avenue, from existing manhole on southerly side,30 feet west of southeast corner of Charles Street, easterly 102 feet more or less to existing pole 57/10. Mr. Zehner, Chairman of the Town Report Committee, re- ported to the Board the results of the Selectmen's Association M,gnicipal Photography contest: Third prize to Mrs. Anne Scigliano in the events of public interest category for her picutre of Presient Ford and Chairman Kenney.:at'.he Minute- man Statue on April 19th. First and third prize to Mr. Raymond Selectmen's Meeting September 29, 1975 Barnes in the candid category for the picture of Rev. Handley and the Minute Man Band. The Board thanked Mr. Zehner for his efforts in selecting and submitting the pictures to the contest. The Board also thanked Mr. Zehner for volunteering to serve as Chairman of the Town Report Committee and compile the 1975 Annual Town Report. Mr. O'Connell informed the Board that Mr. Charles Cook has assumed his duties today as Personnel Administrator. Chairman Kenney: We can now go forward with the first meeting of the Compensation Review Board, with Mr. Cook as a member. It was agreed to arrange the meeting on October 7 at 4:00 p.m. Mr. O'Connell reported to the Board that three access ramps have been installed around the Battle Green and are working out splendidly. There is another one to be installed at Buckman Tavern. Chairman Kenney: This is the first step in the sidewalk ramp program. The law requires these ramps and we want to install them elsewhere in the Town at major intersections. Mr. McSweeney agreed. He said that they will definitely be included in new construction, and one area will be done downtown. Mr. Buse: I memtioned to Mr. O'Connell that there should be a ramp in the back of Town Offices and a sign put up. Mr. Edward Furash, Chairman Of the Appropriation Committee, met with the Board. Agreement was reached that the first session of Town Meet- ing is to be held on March 22, 1976; to adhere to the budget schedule set up by Mr. O'Connell; no new capital budget items after January 1; Articles 4 and 5 to be segregated by personnel increases and collective bargaining; Mr. Shaw is to draw up guidelines on submission of citizens' articles; citizens' articles are to be inserted in the warrant after a -subject article;BLaw changes at the end of the warrant; members of the Appropriation Committee to work with the Town Manager on key issues and major goals after Town Manager/Board of Select- men workshop sessions. Mr..Furash retired from the meeting. 427 1975 Town Report Personnel Administrator Sidewalk Ramps Appropriation Committee Town Meeting 428 Salt & Sand MBTA Shelters Gift of Conservation Easement - Pine Grove Selectmen's Meeting September 29, 1975 Mr. O'Connell reported that there has been some improve- ment on price stabilization. Bids taken on sand and salt are $2.10 vs. $2.12 last year; $16.34 vs. $15.34 last year: on salt. Mr. O'Connell recommended that MBTA waiting rooms be in- stalled on Marrett Road/Lincoln Street intersection and at Countryside. These locations were reviewed today with Rep. Cole, who suggested that the shelters be installed immediately. The Mass. Ave./Taft Ave. intersection has been investigated but there is no place in the area that it could be placed on public property. Chairman Kenney suggested that Historic Districts Com- mission be invited to inspect the shelters. Upon motion duly made and seconded, it was voted to accept the recommendation of the Town Manager for the installation of META shelters at Marrett Road and Lincoln Stret and at Country- side. Mr. Cohen recommended that the Board sign a conservation restriction given to the Town by the Planning Office of Urban Affairs and Pine Grove. He explained that he has not had a chance to review it as he had just received it late today. Upon motion duly made and seconded, it was voted to approve the receipt of a deed of a conservation restriction given to the Town by the Planning Office for Urban Affairs, Inc. on the following premises: Beginning at a point in the southeasterly sideline of Worthen Road at land of the Lexington Home for Aged People, which point marks the northwesterly corner of said parcel; and THENCE running by Worthen Road NORTH 62-40-48 EAST 150 feet to other land of said Grantor; "THENCE running:by the last named SOUTH 27-19-12 EAST 150 feet to a corner; THENCE running by the land last named SOUTH 62-40-48 WEST 150 feet to a corner; THENCE running by said land of the Lexington Home for the Aged People NORTH 27-07-10 WEST 150 feet to the point of beginning. Selectmen's Meeting September 29, 1975 Said easement is shown on a "Plan of Land, Lexington, Mass.", dated July 1, 1975, by Albert A. Miller & Wilbur C. Nylander, Surveyors and Engnineers, re- corded with Middlesex South District Registry of Deeds in Book 12864 at Page 152. The above vote is subject to approval by Town Counsel. Chairman Kenney read a recommendation from the Traffic Safety Committee to approve the request of Mr. Bruce B. Henry, 35 Locust Avenue, for thei*nstallation of signs on Locust Avenue. Upon motion duly made and seconded, it was voted to approve the recommendation of the Traffic Safety Committee for the in- stallation of two "Caution Children" signs on Locust Avenue, one at the Mass. Ave. end and one at the Follen Road end. Mr. McSweeney was instructed to make arrangements for the installation of the two signs. Chairman Kenney read a recommendation from the Traffic Safety Committee to approve the application to the State Department of Public Works for Stop signs at the intersection of Theresa/Fottler/ Hillcrest Avenues. Upon motion duly made and seconded, it was voted to request the State Department of Public Works to approve the following: That the Traffic Rules and Orders of Lexington, adopted by the Board of Selectmen on November 13, 1967, are hereby amended - By adding toe Article 8, Section 22, Schedule 7, the following: STREET LOCATION REGULATION Theresa Avenue Northeastbound at Fottler Ave. Stop Hillcrest Avenue Southwestbound at Fottler Ave. Stop Chairman Kenney read a report from the Traffic Safety Com- mittee concerning a request from Mr. and Mrs. Dean Curtin, 29 Downing Road, fornCaution Children"sign on Downing Road and 15 MPH posting. The Commmttee recommends that no action be taken as the fundamental speed law applies to Downing. Road it is not currently posted and, without a study, it could not leagally be posted at 15 MPH. Also, the Eng- ineering Division has applied the warrants for the sign and it was found that the warrants are not met. Upon motion duly made and seconded, it was voted that no action be taken on the requests 6f Mr. & Mrs. Dean Curtin. 1 429 Traffic Signs - Locust Ave. Stop Signs Theresa/ Fottler/ Hillcrest Avenues Traffic - Downing Rd. 430 Street Lights - Forest St. I4 Street Lights - North St. Traffic Signs Emerald St. Sewer Revolutionary Monument Battle Green Selectmen's Meeting September 29, 1975 Chairman Kenney read a recommendation from the Director of Public Works/Engineering that additional lighting is not necessary on Forest Street between Clarke Street and Waltham Street, as requested by Mrs. Lea DeGuglielmo, 9 Forest Street. Tree trimming is recommended to improve existing lighting. Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of .Public Works/Engineering that additional street lights on Forest Street are unnecessary. DPW is requested to trim the trees in the area. Chairman Kenney read a recommendation from the Director of Public Works/Engineering to install three street lights and two "Curves Ahead" signs on North Street, as requested by Dr. Michael Erdos, 79 NOrth Street. Tree trimming is also re- commended. Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works/Engineering for the installation of three additional street lights and two "Curves Ahead" signs in the area. DPW is to be requested to trim the trees in order to improve the effectiveness of the existing lights and recommended street lights. Mr. McSweeney is to contact the Boston Edison Company regarding the time- table for installation of the street lights. Chairman Kenney read a report from the Director of Public Works/Engineering concerning the construction of sewer on Emerald Street and Edna Street ( which must be installed in order to service Emerald Street). The report states that approximately one-half the lots on Emerald Street and all of those on Edna Street front on paper streets. Upon motion duly made and seconded, it was voted to refer the matter to Town Counsel and the Planning Board for further clarification of the point that "the installation constitutes a sufficient degree of improvement to change the street class- ification and thereby allow buillding to proceed contrary to the desires of the Town." Chairman Kenney read a report from the Director of Public Works/Engineering regarding refinishing the Revolutionary Monument on the Battle Green, stating that ihhe proposal was to wash, clean, and wire brush the marble plaque, seal it with a Shawsheen Sealer, and paint the 1200 letters with a gray shadow Lithochrome paint specially made for granite work. This was done but, after six coats of sealer, the workmen found that this method appeared to be unsuccessful Selectmen's Meeting September 29, 1975 and took it upon themselves (after testing various sections with black paint and finding the marble still porous) to paint the entire plaque black to give it the appearance of slate, with further intentions of hand rubbing it with stone, followed by suitable lettering. Their reason for this was because of its age and type, and being in such poor condition that it would not withstand any method that would require any stress to the plaque without the possibility of it crumbling the lettering and/or splitting the stone. Mr. McSweeney: The firm told us in the beginning that it might happen. Mr. Bailey: It is still a 1799 plaque and it has been abused. Mr. McSweeney: Would you consider a new stone? Mr. Bailey: If we had known, we would have gotten a new one and brought the old one inside. We ought to leave it alone, but if we were to try and get it back the way it was, I would ask you to inquire around at other places. In the meantime, don't let them near the mounument: Mr. McSweeney agreed. Mr. McSweeney discussed lowering of the top mast of the flagpole on the Green and agreed to came back to the Board with additional information on accomplishing the task. The Board agreed to make arrangements for meetings with Selectmen's subcommittees on an update of goals and objectives. Dr. Kessler asked about the appointment .of citizens to the Traffic Safety Committee. Chairman Kenney requested that nominees be submitted. The Board agreed to publish a notice man of a meeting to be scheduled with the Authority to fill a vacancy caused by the Rhuby. in the Lexington Minute - Lexington Housing resignation of Albert Mrs. Battin suggested consideration of the Board of a column in the Minute -man each week on what is happening at Town Hall, including notices of committee meetings to be held the following week.• There could be progress report on articles voted by Town Meeting. In this way, citizens could be informed on what is going on in Town Government. It was agreed to defer discussion until a representative of the Minute -man is present at the Selectmen's meeting. 4 Qi _t Flagpole - Battle Green Traffic Safety Committee Citizens Lexington Housing Authority Vacancy Notices of Committee Meetings, etc. Lexington Minute -man 434 Selectmen's Meeting September 29, 1975 Executive Upon motion duly made and seconded, it was voted to go into Session Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town, or the reputation of a person. After discussion of matters of a general nature, it was voted to;go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10:35 p.m. A true record, Attest: E ecutive Clerk, Selectmen 1 1 43 SELECTMEN'S MEETING October 6, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, Oct- ober 6, 1975, at 7:30 p.m. Chairman Kenney, Mr. Buse, Mrs. Battin, Dr. Kessler; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Eng- ineering; Mrs. McCurdy, Executive Clerk, were present. Chairman Kenney declared the hearing open on the N.E.T. & T. Pole Co. and Boston Edison Company petition to relocate a pole on Fern Street FernStreet near Pleasant STreet. Notices of the hearing were sent to abutters and also filed with the Public Works Department. A report from Mr. McSweeney, Director of Public Works/Eng-� ineering, was read stating that, because of the abutter's ob- jection to the new location, he had met with Mr. Coscia, DPW Manager, and representatives of N.E.T. & T. Co., and the Boston Edison Company to review the matter. It was agreed that this new location, as requested by the Town, would not present any problems to the utility companies and Mr. Milewski, the abutter. Also, it would not require a new easement nor would the wires or pole relocation interfere or cross over the property in question. Mr. Milewski was contacted by telephone and it was explained that this was part of a highway safety improvement for the intersection of Fern and Pleasant Streets. He appeared to be satisfied and, therefore, we recommend approval of this relocation of the pole. Mr. Roland Pinault, representing the Telephone Company, and Mr. Louis Pratt, representing the Boston Edison Company were present. Mr. Pinault: I talked with Mr. Milewski and he asked about the wires being close to his house. I explained to him that the wires will have the proper clearance. 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 New England Telephone and Telegraph Company and the Boston Edison Company for the following: Fern Street: from existing pole 32/1, located on the southerly side approximately 44 feet west of Pleasant Street, westerly 5 feet, one pole. Old pole to be removed. 434 Selectmen's Meeting October 6, 1975 Personnel Mr. O'Connell introduced to the Board the new Personnel Administrator Administrator, Mr. Charles A. Cook, whose appointment was effective September 29, 1975. The Board welcomed Mr. Cook and wished him success in his new position with the Town of Lexington. Fire Dept. New Deputy Chief & Captain Battle Green Presential Primary Town Elections Mr. O'Connell introduced the new Deputy Fire Chief, John McDonough, and the new Fire Captain, John Fradette. Fire Chief Joseph P. Marshall was present and introduced the families of the new appointees. The Board congratulated Deputy Chief McDonough and Captain Fradette and wished them well. Mr. O'Connell distributed copies of printed rules on the use of the Battle Green by townspeople and visitors that games, sports, or picnicking are not permitted; no climbing of trees or the Minute Man statue; photographs may be taken but caution must be used when taken from the street in front of the statue; no bicycles to be ridden or parked on the Green; no littering. Chairman Kenney: This information will be helpful to all and we will know by next spring if we have been successful. Mr. Jeffrey Shaw, Administrative Assistant: We have printed 20,000 of the small ones, 50 large posters and 50 laminated copies, which will be given to the Guides. We will distribute them to the Visitors Center, travel bureaus, restaurants, and other places in Town. Mr. O'Connell: I hope we can persuade the Historical Society to let us put them in the Taverns. The Board agreed that the pamphlets and posters should help to alleviate the existing situation in the Battle Green area. Mr. O'Connell updated the Board on the 1976 elections. He read the following letter, addressed to Secretary Guzzi, in reply to a memo received by Miss McDonough, Town, Clerk, or Presidential Primary and Town Elections: "To the best of our knowledge, we have not been furnished with a copy of Chapter 600 of the Acts of 1975. We would appreciate one and would like to know if the reference law is in effect. At its meeting of September 29, 1975, the Lexington Board of Selebtmem,after careful examination of the alter- natives and their impact, voted to take no action to change the date of the annual town election and has directed the Town Manager to take appropriate action to assist the Town Clerk to conduct elections on March 1 and March 2, 1976. A majority Selectmen's Meeting October 6, 1975 of the Board felt that the unfavorable consequences of moving the town election date were greater than the problems of coping with elections on two successive days. Our Board also questions the appropriateness, even if legalized, of denying the Town Meeting its present right under the general by-laws to establish the date of the annual election. Speaking personally, it is re- grettable that Massachusetts towns have been placed in this very difficult, avoidable situation. Your letter lists the areas of "confusion and difficulty" caused where two local elections are held during the period between February 1 and April 1, 1976. It does not deal with the substantial set of local problems which would be generated by holding the annual election prior to February 1 or after April 1, As you are well aware, the first Monday in March has been the date designated by by-law for the annual election for many years in many towns. We shall appreciate receiving your suggested methods for dealing with the problems of successive elections mentioned in your memorandum." Chairman Kenney: There are several suits now that cottld conceivably change things. Miss Mary McDonough; Town Clerk: It is going to be very complicated to run two elections as there will have to be two sets of voting lists and registrations. As far as voting machines, I hope there will be no problems. We have 54 voting machines for the 9 precincts; we could set up 2 machines for the Town election and that would leave 4 for the Presidential Primary. We now have an American Party and that will require additional machines. Chairman Kenney: It seems to me that we should have a back- up machine for each party in case of a breakdown.- IB there any possibility of renting machines for one day. Mr. Jeffrey Shaw: We might be able to borrow machines for one day as other towns are on an April schedule. Mr. O'Connell: Miss McDonough will organize the plansL and we will try to examine all problems and work out solutions. Mr. O'Connell discussed the revision of maps under National Flood Insurance. Mr. Briggs, Planning Director, reports that Lex- ington was selected as one of the first 40 communities to be studied by HUD in 1976. He believes that the Town has fulfilled its obligation to Town Meeting on areas which are wet. As one of Communities that HUD is working with, it looks as if we can get mutual agreement on flood -prone areas. 35a r+r .. Flood Insurance Maps 436 Selectmen's Meeting October 6, 1975 Mr. Diran Semonian,,504 Lowell Street, and Mr. Ephriaim ' Semonian - Weiss, Town Meeting Mender, met with the Board to appeal the Lot A decision of the Board on July 28, 1975 that all outstanding Betterment betterment charges against Lot A on Laconia Street be retained. Charges Vine Brook Easement - Ingraham Mr. Semonian: I think the Board for reconsideration and that all betterment charges, liens, interest and other charges be deferred until such time as Lot A is divided or built upon. We were asked to pay for what we thought were excessive better- ments and the deferment we asked for was for the pond area. Chairman Kenney: In July, we had a report from Mr. McSweeney recommending that your request be denied as Lot A is a large, single parcel with your home built upon it and is not the empty lot described by you. Also, that your contention that the area is a pond is not correct; the lot upon which your home is built contain_ several ponds. Bettermentshave been assessed no differently than those to any other property in Town. Mr. Semonian: We are being asked to pay betterments of $5,500 and, over 20 years, it will be approximately $7,000 for a pond that I would get nothing out of. How can you build on the land that is there? Chairman Kenney: As far as we are concerned, it is a house lot and there is a house on it. Mr. Cohen: It should be noted that Mr. Semonian had a number of court cases against the Town which were brought before I was Town Counsel. We ought to get the facts on how these cases came out. Mr. Semonian: Litigation was not on Laconia Street but be- cause of easements through my property. After further discussion, it was agreed not to change the decision of the Board on July 28, 1975, that all outstanding betterment charges on Lot A, Laconia Street be retained. Mr. Cohen: Town Meeting has voted to authorize the Town to acquire easements alond Vine Brook and Mr. and Mrs. John Ingraham have granted an easement to the Town. to enter and clean Vine Brook. Upon motion duly made and ._seconded, it was voted to accept the following easement: "That portion on the southerly side of the center line of the Vine Brook Channel as shown on a plan entitled "Town of Lexington, Massachusetts, Plan Showing Land and Ease- ments for the Vine Brook Channel and Conduits and for a Low Level Sewer" Recorded as Plan Number 796 (G of 11 of 1938) Book 6245, Page 241, Middlesex South Registry of Deeds." Selectmen's Meeting October 6, 1975 Chairman Kenney read a request frau Town Counsel to sign the Order of Taking for temporary construction easements on Belfry Terrace. A report from Mr. McSweeney recommended an award of no damages for the taking of these easements for the construction of Belfry Terrace. Upon motion duly made and seconded, it was voted to sign the Order of Taking for temporary construction easements on Belfry Terrace: Lpt No. Supposed Owners 153 Lexington Friends Community Residence, Inc. 154 John M. Deutch and Samayla Deutch h/w 155 Claude L. Patterson and Louise F. Patterson h/w A John E. Pearson and Marianne S. Pearson h/w Annette Slocumbe 159 Paul Whipple and Marion G. Whipple h/w 160A Evelyn W. White 4 Margaret Z. Cole 2A & 3 Edward J. DiGesse and Alice J. DiGesse h/w 2B James J. McKenna and Mary M. McKenna h/w 171 Hancock Congregational Church Upon motion duay made and seconded, it was voted to approve the request from Mr. McSweeney to abate sewer charge in lieu of betterments to Wayne Goldman, 33 Turning Mill Road, in the amount of $1,138.65, which was incorrectly billed and should have been assessed as a sewer betterment. Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for Certificate of Incorporation: Twyla M. STuart 7 Brent Road "The American Schizophrenia Aseoczation Boston Chapter, Inc." Howard A. Reynolds 14 Valley Road "Meadowhouse, Inc." Chairman Kenney read an invitation from the Town Celebration Committee to participate in the Veterans' Day parade on Tuesday, November 11, at 10:00 a.m. Board members agreed to participate in the parade. Belfry Terrace - Temporary Construction Easements Goldman Sewer Assessment Certificate of Incorporation Veterans Day Parade Resignation Transporta. Committees Permit Hennessey Land and Stable Selectmen's Meeting October 6, 1975 Chairman Kenney read a letter of resignation from former Selectman Sanborn C. Brown as the representative of Lexington on the Governor's Hanscom Task Force and other transportation committees. Mr. Brown recommended (1) long range planning interests will be best served if the -same person represents Lexington's interests on all of these committees since only through a coordinated approach can the Town's overall planning be accomplished. (2) a member of the Board of :Selectmen should take these responsibilities as those towns are best served where the Selectmen are directly represented rather than through a non board member appointee. Mx. Brown requested that his resignation be accepted as of October 15, 1975 as he will chair the Hanscom Task Force meeting on October 14. Chairman Kenney: Dr. Kessler is to make recommendations at the October 27 meeting for a Transporation Committee, and we can discuss these other committees at that time. The Board must keep in mind that there is a job to be done here and we will have to fulfill it. Upon motiOnn duly. made and seconded, it was voted to accept, with deep regret, the resignation of Sanborn C. Brown as the rep- resentative of Lexington on the Governor's Hanscom Task Force, the CTPS Red Line Working Committee, the CIPS Route 2 Working Committee, and the Logan Communities Advisory Committee to Mass - port, effective October 15, 1975. A letter is to be written to Mr. Brown expressing the sincere appreciation of the Board of Selectmen and the citizens of Lexington for the time and effort so diligently expended by him in the interests of our Town. Chairman Kenney read a request from the Menotcamy Minute Men to march through Lexington on October 12, 1975. Upon motion duly made and seconded, it was voted to grant a parade permit to the Menotomy Minute Men to march from the Arlington Town line to the Bedford Toon line on October 12, 1975 at 10:15 a.m. Also, to request Chief Corr to make arrangements for a cruiser escort. Chairman Kenney read a request purchase Town -owned land, Lots A and at 11 Mountain Road. Chairman Kenney': As I recall, to this. Mr. O'Connell: Town Counsel and the Town Manager put in a considerable amount of time on this. In 1973, Dr. Bergmeyer in- quired about a lease and we worked out the details. Until this from Dr. JOhn Bergmeyer to B, adjacent to his.; property there is a fairly long history Selectmen's Meeting October 6, 1975 particular letter, we have had absolutely no response from him. I would suggest to the Board that if it were put to the Town Manager and Town Counsel before, to refer it back to us. This land includes the stable and Dr. Bergmeyer says in his letter that "if he owns the property he can better control, if not eliminate, some of the uses to which it is being presentely subjected." The Town has no intention of improving the land for Dr. Bergmeyer. Also, we understand he has considerable personal property stored in the barn.and, if so, he is tres- passing. He mentioned vandalism and the condition of the property, and I don't think ownership has much to do with vandalism. Chairman Kenney: When we received the letter, I requested an opinion of the Recreation Committee. We have received a reply stating that the Committee feels that this land should not be sold by the Town. Hennessey Park has been used this year to satisfy a recreational need of the Town and we are constantly trying to find: more and better uses of Town -owned land and facilities, and we do not want to see any land sold that could hinder recreational plans. It was agreed to inform Dr. Bergmeyer that it is the po- sition of the Board of Selectmen that parcels A & B adjoining his property at 11 Mountain Road should not be sold. However, if he is interested in pursuing the matter of a lease, it is recommended that he contact the Town Manager. The Board discussed requests to purchase tax title land. Chairman Kenney read a letter from the School Committee and it was agreed to grant the request to notify them before the disposit4on of tax title lots. Schumacker request to purchase Lot 15, Beaumont/Lookout Streets Recommendations from the following agencies: Planning Board -Sell to Schumacher; Conservation Commission -In- terested, hold in Town ownership; Housing Authority - Not interested; Recreation Committee - Not interested but do not sell. Chairman Kenney: It is the policy of the Board that we intend to sell tax title land only if no other Town agency is interested and, usually, to be combined with an abutter's lot. Upon motion duly made and seconded, it was voted to deny the request of Mr. August Schumacher, 148 Wood Street, to purchase Lot 15, Beaumont/Lookout Streets. 439 Tax Title Schumacher 440 i Harrington Brumwell II Rogers - Curtin Bertelli MacKay Selectmen's Meeting October 6, 1975 Harrington request to p rchase Lot 200, Banks Avenue Recommendations from the following agencies: Planning Board - Hold for Housing Authority; Conservation Commission - Sell to Abutter; Housing Authority - Requests report from Planning Board and/or Town Engineer as to whether or not a building permit could be issued for this lot; Recreation Committee - Interested as a recreational area for small tots. Upon motion duly made and seconded, it was voted to deny the request of Mr. Leo Harrington, 33 Banks Avenue, to purchase Lot 200, Banks Avenue. Brumwell request to purchase Lot 64, Lowell Street Receommendations from the following agencies: Planning Board - Sell to Brumwell to be combined with his Lot 65; Conservation Commission - No reply as to an interest in this particular lot; Housing Authority - Not interested;. Recreation Committee Not interested but do not sell. The Board agreed to ask the School Committee for comments regarding possible interest. Upon motion duly made and seconded, it was voted to table the request of Mr. R. A. Brumwell, 258 Lowell Street, to purchase Lot 64, Lowell Street, pending a reply from the School Committee. Rogers request to purchase Lot 184, Reed Street Curtin request to purchase Lot 184, Reed Street Recommendations from the following agencies: Planning Board - Sell to Rogers to be combined with his Lot 183, Reed Street; Conservation Commission - No reply as to an interest .in .this particular lot; Housing Authority - Interested; Recreation Committee - Do not sell, acquire Lot 185 owned by Curtin. Upon motion duly made and seconded, it -Was voted to deny the requests of Mr. David E. Rogers, 118 Reed Street, and Mr. Dean Curtin, 29 Downing Road, to purchase Lot 184, Reed Street. Bertelli request to purchase a portion of Orchard Street (paper street) MacKay request to purchase a portion of Orchard Street (paper street) Recommendations from the following agencies: Planning Board - This is a private legal matter as the Town has no controlling interest in paper streets; Conservation Commission - No reply-- as to an interest; Housing Authority -No interest; Recreation Committee - No interest. Mr. Cohen: There are plans showing lots on this paper street and they want to buy a portion of the street. We are not author- ized to sell as there are legal questions. Upon motion duly made and seconded, it was voted to inform Mr. J. R. Bertelli, 53 Ward Street, and Mr. H. A. MacKay, 122 Reed Selectmen's Meeting October 6, 1975 Street, that the Selectmen have no authority to sell portions of paper streets because of legal questions concerning the rights of the Town, the abutters, and other owners of land. Therefore, the Town is not in a position to sell this land to them. Mr. O'Connell: The Recreation Committee states in its recommend- ations that, "as a policy, the Recreation is opposed to selling Town - owned Lots, except in cases where it is quite obvious that no recre- ational used could develop for the land in the future." I Think that the role of other Town agencies should be limited to individual parcels Otherwise, you might get into a situation of a Town agency saving that "our policy is not be sell any Town -owned land." This policy should be limited to one Board, the Board of Selectmen. Chairman Kenney: I agree. We will just ask the Town agencies if they have an interest in a particular lot before a decision is made by the Board. Mr. Cohen informed the Board that the Town, hasforeclosed an approximately 32 parcels of land and, under the statute, the Treasurer must have an auction. He is preparing the notice of public auction, with the right to reject any or all bids. A meeting will be held with the Treasurer and we will follow the same procedure by notifying the Planning Board, Conservation Commission, etc. Chairman Kenney: Do you have description in terms of size? Mr. Cohen: Yes. The Board agreed that Mr. Cohen is to proceed with arrangements for a notice of public auction on foreclosed land. Chairman Kenneydiscussed the Cary Memorial Library Trustees. Chairman Kenney: As Chairman of the nominating committee for the Executive Committee of the Cary Memorial Library Board of Trustees, I have conculuded that we are very limited as, according to the will, they must be either a Selectman, School Committeeman, or a Minister. In a town of 33,000, we are having trouble getting people. Should we consider changing the terms of the will by hav- ing citizens on the Cary Board of Trustees? Mr. Cohen: I would be glad to look into it. Dr. Kassler: Times have changed and I think it would be a good idea. It was unanimously agreed to write to the Cary Trustees for an opinion on -changing the will to include citizens and, if agreed upon, Town Counsel will be requested to submit an opinion to the Board of Selectmen. 441 Policy on Sale of Tax Title Lots Foreclosures Cary Memorial Library Trustees 442 Hanscom Air Force Parades Selectmen's Meeting October 6, 1975 Chairman Kenney read a letter from Colonel Buck of Hanscom Air Force Base stating that, because of economic pressures, it is necessary to.restrmct the participation of Air Force personnel to one parade annually. The Board agreed to reply to Colonel Buck that we fully understand the situation and we would appreciate having the Air Force participate in the April 19th celebration, only. A copy of the letter is to be forwarded to the Town Cel- ebrations Committee. Chairman Kenney informed the Board that the Town Clerk,re- Lexington ceived the letter of resignation from Mr. Albert Rhuby as a member Housing of the Lexington Housing Authority. In accordance with the pro - Authority visions of G. L. Chapter 41, s. 11, a notice will be inserted in Vacancy the Lexington Minute -man that a; meeting of. the Board of Select- men and the remaining members of the Lexington Housing Authority will be held on October 20, 1975, at 8:00 p.m. to fill by role call vote the vacancy on the Lexington Housing Authority. The Board agreed. Town Report Committee Chairman Kenney requested the Board to appoint members of the Town Report Committee. Upon motion duly made and seconded, it was voted to appoint the following members of the Town Report Committee;. Louis A. Zenner, Chairman, Mrs. Edith Cheever, Rev. Harold T. Handley, Richard W. Hoover, Hal Sihgley, John E. Taylor. Agenda Mrs. Battin discussed publishing agenda of Board and Committee Publication meetings. Mrs. Battin: I have talked with Mrs. Scigliano and she wohld be willing to have space available in the Minute -man. Mr. O'Connell: Some committee do not post the meetings until the deadline (24 hours) but there would be no problem with those that have legal notices. Mrs. Battin: It could be a partial agenda in advance of the meeting, and could include those items of general interest to citizens. Dr. Kessler: I agree. Most of the Boards and Committees would like to feel that the public is behind them, and if towns- people show up the word will spread and more people will come. See if it works out. 44.4-x: Selectmen's Meeting October 6, 1975 Mr. O'Connell: We will have to look into it and find a way. We will have to ask committees to prepare an agenda. Chairman Kenney to Mr. O'Connell: Prepare a memo to all com- mittees. There could be a partial agenda ready for the Thursday edition of the paper. Mr. O'Connell agreed. Upon motion dilly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing, deliberating or Session voting on matters which, if made public, might adversdly affect the public security, the financial interests of the Town, or the reputation of a person. After discussion of matters concerning personnel, by-laws, inspections, and insurance, it was voted to go out of Executive Session. Upon motion duly made and seconded, it -.was voted to adjourn at 10:10 p.m. A true record, Attest: C Executive Clerk, Selectmen 444 Permit Publica- tion of Agenda SELECTMEN'S MEETING October 14, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Tuesday, October 14, 1975, at 7:30 p.m. Chairman Kenney, Mr. Busa, Dr. Kessler, Mrs. Battin; 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 discussed a request from Mrs. Nancy Wiesner, 16 Hudson Road, for the residents of the area to conduct a street dance in front of her home on Saturday, October 18, 1975, from 6:00 p.m. to 9:00 p.m. with the intersection roped off. The Board had no objection and it was agreed to inform Mrs. Wiesner that she could contact the Public Works Department to make arrangements to pick up sawhorses to be used at the intersection of Hudson/Woodcliffe/ Winston Roads. (There will be a small deposit fee for the sawhorses, which will be refunded when the equipment is returned.) Mr. O'Connell informed the Board that, in accordance with the Board's request, a memo will be issued to all Town agencies requesting that meeting agenda be submitted to the Clerical Pool Office to be for- warded to the Minute -man for publication. This would encourage more advance planning by Boards and Committees and interested citizens would be able to attend when a particular topic is discussed. Chairman Kenney pointed out that the agenda would be incomplete at the time of publication. Mrs. Battin and Dr. Kessler felt that this would encourage committees to plan in a more efficient manner. In response to Mr. O'Connell's question of whether this would include all subcommittees, Retirement Board, Trustees of Public Trusts, Traffic Safety Committee, and the Town Report Committee, it was agreed that the Retirement Board would be the only one excluded as it involves just employees. Also, citizens should contact the Committee Chairman con- cerning questions on agenda items. Mr. Cohen: I would emphasize that we are expecting a memo shortly on the open meeting law, and the notice that goes in the newspaper is not meant to be the notice that complies with this law. The Board agreed that Mr. O'Connell is to make arrangements for the memo to be sent to all Boards and Committees requesting appointments and agenda items for future meetings for publication in the Lexington Minute- man. Mr. O'Connell advised the Board of a change in State practices.which will result in greater costs to local government, i.e., the State is with- drawing responsibility for Child Day Care Centers and is turning it back 1 Selectmen's Meeting October 14, 1975 to towns. This is only one example of the future effect on our budget, and we have to resolve the questions of what our manpower responsibilities are and what the added costs will be. The Board agreed that there are many future problems facing local cities and towns because of changes in State agencies. Mr. O'Connell informed the Board that expense budgets will be sub- mitted to the Board and the Appropriation Committee by the middle or late November. The personal services schedule will be finalized next week. Advance capital budget material was distributed to the Board and Mr. O'Connell stated that, to date, he has received only DPW capital budget requests. Many Town agencies are now planning their capital budget requests, and they are one year too late. Because of my concern, the Board should consider, (1) the closing date of the Warrant; (2) declare that if information is not available, then the project is not for the current budget. Chairman Kenney: We are approaching the time when we are obligated to set the date for the closing of the Warrant. We voted on November 11, 1974 to close the Warrant on December 27, 1974. This year, the Warrant will be closed some time around the last week of December. 445. Budgets Chairman Kenney read a request from Porter & Desmond, Woburn, for House Move permission to move a house and one -car garage. from Virginia Road, Lincoln,Reed Street to a Reed Street lot owned by Ms. Sally Neal, 10 Ward Street, Lexington. A report from Mr. McSweeney recommends that approval be granted subject to the mover posting a $5,000. bond, procuring bodily injury and property damage insurance, arranging for police officers on the route, and meeting with the Tree Warden regarding trees along the route. Chairman Kenney: Calls have been received in our office from neighbors who are concerned that the trees on Reed Street would have to be cut and trimmed and, additionally, whether the Building Inspector is in a position to issue a permit. Mr. O'Connell: As of this morning, the Building Inspector has not been contacted. Chairman Kenney: The neighbors have also wondered if it were legal to put the house there, and the Planning Director said that it is, even though it is a 50 ft. lot. I would like to know the extent of damage to trees on Reed Street; also, if the Building Inspector is in a position to issue a building permit. Mr. McSweeney: I have personally walked part of it and Mr. Mazerall and Mr. Coscia will handle all that is out in the public way. The ques- tion of the trees has been of some concern. The house is 21 feet high and the canopy is heavy and will be raised going through. Mr. Mazerall will have the trees trimmed and it will not be a major or drastic project. It should be done,anyway. As to the building permit, it will have to be issued for the foundation. Besides meeting with Mr. Mazerall, the mover will meet with representatives of the Telephone Company and the Boston Edison Company. 446 Parade Permit - Pop Warner Traffic Honeywell - Min. Man. Reg. Sch. !Contract 176-E-2 Selectmen's Meeting October 14, 1975 Mr. O'Connell recommended that the DPW permit be held until all conditions are met. Mr. Buss: I have no objection to having the house moved but what if the owner has to go to the Board of Appeals after it is moved to the lot? Also, what about tree trimming? Chairman Kenney: We will table it until next week and ask for an opinion from the Building Inspector. Mr. Mazerall should check the trees once more. Mr. O'Connell: The Building Inspector can't comment as the owner has not submitted a plan and he has no information. Dr. Kassler: We will defer our decision until such time as the Building Inspector can give the Board all the assurances necessary. Upon motion duly made and seconded, it was voted to table the re- quest to move a house from the Town of Lincoln to Reed Street, Lexington. Mr. Howard Barnes met with the Hoard to request permission for the Pop Warner Football League to parade on Saturday, October 18, at 12:45 p.m. from the Muzzey Junior High School to Clarke Street to the Lexington High School football field. Upon motion duly made and seconded, it was voted to grant permission for a Pop Warner football parade on October 18, 1975, with a police cruiser escort and fire engine. The Board also approved Mr. Barnes' request for a car with fixed sign to be parked in the Center on October 17, 18, and 19, and the police department will allocate two parking spaces for this purpose. Chairman Kenney read a letter from Mr. George C. Whelan, Manager of Honeywell, regarding serious traffic back-up at Massachusetts Avenue, Marrett Road, and the Minuteman Regional Vocational-Technica-pFigh~Schobl, because of the traffic signal. A report from Mr. McSweeney states that the Traffic Committee will arrange a meeting with the Mass. Department of Public Works to discuss a possible solution to the problem. Chairman Kenney to Mr. McSweeney: Could you also discuss at this meeting the intersection at Eldred Street? This situation steadily worsens. Mr. McSweeney: I can try. The Board could request the Traffic Safety Committee to draft a letter to the State DPW about Eldred Street. If we have a meeting, it would involve just Town officials. The Board agreed. A letter is to be written to Mr. Whelan informing him that a meeting will be arranged with the State DPW to review traffic conditions in his area. Upon motion duly made and seconded, it was voted to sign Contract 76-2-E for Sanitary Sewer, Storm Drain and Street Construction, awarded to J. J. O'Brien & Sons, Inc., Weston, in the amount of $97,668.50. Authority is contained in Article 17-1975 Drain Construction; Article 20, 1975 Sewer Laterals; Article 49, 1975 Street Construction. 1 1 Selectmen's Meeting October 14, 1975 Chairman Kenney read a letter from Mr. Temple Scanlon, member of Historical the Lexington Minutemen, to the Historical Commission stating that there Commission are HUD funds available on a town -wide basis, and $100,000. grant could Grants be received if we apply soon enough. This would not require matching funds. Mr. O'Connell: We have not had an opportunity to check into the facts there. I will do so when I go to Washington shortly. There may be money available for so-called private grants but for any Town agency there has to be a comprehensive plan. Chairman Kenney to Mr. O'Connell: Follow it up. If this new His- torical Commission is going to apply for grants, we should have a meeting of the minds. Mr. O'Connell: And it would have to be part of the capital budget. I'll talk with them. Mrs. Battin informed the Board that Mr. Sam Silverman had called to her attention that Martin Bernard, developer of Burlington Arcade, is planning the construction of a roadway leading from the shopping mall onto Muller Road in Burlington, which becomes North Street in Lexington. The Burlington Selectmen and Town Counsel are concerned about curb cuts and they are reviewing it on this basis. Mr. Bernard's lawyer says that no permits are needed. If we, as the Lexington Select- men, are concerned about it and the traffic, then we should express our feelings to the Burlington Selectmen. The Board agreed to request the Planning Director to look into the situation and submit an opinion to the Board. Upon motion duly made and seconded, it was voted to adjourn at 8:55 p.m. A true record, Attest: Executive Clerk, Selectmen Burlington Arcade 448 Jurors .N.E.T.&T. Conduit Worthen Rd. Militia Dr. Pole !Abandon- ment - Hillcrest Avenue SELECTMEN'S MEETING October 20, 1975 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, October 20, 1975, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa, Kassler, and Mrs. Battin; Mr. O'Connell, Town Manager; Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Executive Clerk, were present. At the request of the Town Clerk, D. Claire Ryan Janet A. Mahony Anne L. Belliveau Anna Marie Sann Isabelle G. Besecker Miles S. Somers Matthew D. Spinale the following jurors were drawn: 108 Simonds Road 31A Wachusett Drive 30 Oak Street 103 Kendall Road 8 Eastern Avenue 151 Pleasant Street 30 Lawrence Lane Chairman Kenney opened a hearing upon petition of the New England Telephone and Telegraph Company to install conduit on Worthen Road near Militia Drive to service the proposed Lexington Cooperative Homes devel- opment. Notices of the hearing had been sent to abutters, as shown on the petitioner's plan, and also filed with the Public Works Department. Chairman Kenney read a recommendation from the Director of Public Works/Engineering that permission be granted for the installation of the conduit. Mr. Roland Pinault, representing the Telephone Company, was present and said that this project will not be done until next spring as macadam plants will be closed in November. 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 New England Telephone and Telegraph Company for the following location: Worthen Road: From an existing telephone conduit located on the northerly side approximately 200+ feet west of Militia Drive, westerly 25 feet thence southerly 71* feet to the private property of Lexington Cooperative Homes. Approxi- mately 96+ feet of conduit. Chairman Kenney read a petition from the New England Telephone and Telegraph Company and the Boston Edison Company to abandon pole 112/13 on the north side of Hillcrest Avenue. Mr. Roland Pinault, representing the Telephone Company, and Mr. Louis Jones, representing the Boston Edison Company, were present. Chairman Kenney read a recommendation from the Director of Public Works/Engineering that permission be granted to abandon the pole, as it is in the center of a proposed driveway. 1 449 Selectmen's Meeting October 20, 1975 Mr. Buse: There is a street light on pole 112/13 and people in the neighborhood would like it to be transferred to pole 120/17 on Cliffe Avenue, off the southerly side of Hillcrest Avenue. Mr. Jones: A written order can be sent to the Boston Edison Com- pany requesting the relocation of the street light. Mr. Bailey: No; we do not want this to be added to our list of street light requests. The light should be moved to pole 120/17 and will be added as part of our approval of the abandonment of pole 112/13. 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 abandonment of pole 112/13 at the following lo- cation, subject to the condition that the existing street light on pole 112/13 be immediately transferred to pole 120/17 on Cliffe Avenue: Hillcrest Avenue: On the north side, approximately 27+ feet west of the easterly corner of Cliffe Avenue, one pole. Chairman Kenney declared the hearing open upon the petition of the Hillcrest New England Telephone and Telegraph Company and the Boston Edison Com- Ave. and pany for the installation of anchor guys on pole 112/14 on Hillcrest Cliffe Ave. Avenue and pole 120/17 on Cliffe Avenue. Anchor Guys Notices of the hearing were sent to abutters, as listed on the petitioners' plan, and also filed with the Public Works Department. Mr. Pinault, representing the Telephone Company, and Mr. Jones, representing the Boston Edison Company, were present. Chairman Kenney read a recommendation from the Director of Public Works/Engineering, that permission be granted for the installation of the anchor guys. Mr. Pinault: With the abandonment of pole 112/13, the wires that feed to Cliffe Avenue will have to come from pole 112/14; the strain will be great and a guy wire and anchor are needed there and a sidewalk guy wire and anchor will support pole 120/17 on Cliffe Avenue in the public way. Mr. Louis Jones, Boston Edison Company, was recorded in favor of the petition. 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 fos,;the following location, subject to the condition that the existing street light on pole 112/13 be immediately transferred to pole 120/17 on Cliffe Avenue: Hillcrest Avenue: On the north side, approximately 59+ feet east of Cliffe Avenue, one anchor guy. Cliffe Avenue: On the west side, approximately 30± feet south of Hillcrest Avenue, one sidewalk anchor guy. Mr. O'Connell distributed copies of the School Department budget to the Board. 450 Selectmen's Meeting October 20, 1975 Bicentenni- Mr. O'Connell discussed a letter written by Mr. Temple Scanlon of al Grants the Lexington Minute Men, Inc. to the Lexington Historical Commission stating, "As part of our endeavor to obtain funds to develop our Minute Man Museum, we have had our James F. McCadden call on numerous agencies in Washington. He has uncovered many possible sources. We have learned that there are HUD funds available through the Metropolitan Area Planning Council. These HUD funds are available on a townwide basis only and it appears that $100,000. could be available for Lexington if we apply soon enough and that funds could have been available for 1975 if we had applied. These are straight grants and not matching funds and could be used for such projects as completing the renovation of the Hancock Clarke House, improvements in Sanderson House, etc. We would like to discuss this with you at your earliest convenience." Mr. O'Connell: Mr. Scanlon is confused. Legally, they can apply; however, eligibility and qualification are two different things. Mr. Scanlon gives the impression that $100,000. is waiting for Lexington but "there isn't any money waiting for Ldxington under the regulations es- tablished." First, the Town must establish its own priorities on po- tential projects and any project applied for should be part of a commu- nity development plan, such as high concentration of low income families reduction of high unemployment rates or severe economically depressed areas. Applications have been submitted for storm drains, sewers, new fire station, etc. These are high priority type applications. For Lexington to apply, it'would first have to determine what the priorities - are. For funds to renovate a privately owned site, it would mean that the Selectmen or the Manager had decided that this had priority, that it was an established Capital Budget project and Town Meeting had been asked for application. The likelihood that the Town would do this speaks for itself. One other point is that something over $1 million is allo- cated to the Boston area and Lexington would be competing with 90 other towns on application grants, and competing on this basis - and this is where the wrong impression comes out. Funds for historic sites will not compete effectively with social problems. People have the impression that there is money waiting for us, but any projects proposed for federal grants have to proceed through the Capital Budget procedure, the project reviewed, and a determination made. Mr. Scanlon refers to ones that are not shared grants. Chairman Kenney: Is the one he refers to a State Bicentennial grant? Mr. O'Connell: I assume it is. We will pursue the matter further in the course of our Capital Budget reviews. There is an indication of a modest increase in federal funds for 1976. Also, HUD tells us that next year the timetable will not allow them to use a pre -application un- til the next year. A pre -application can be made and you get an indica- tion of what your chances are. I hope this brings the matter up to date. Employment Mr. O'Connell informed the Board that Mr. Cook, Personnel Director, Application has had employment application forms printed by the Minute Man Regional Forms Vocational Technical High School at a fraction of the regular cost. These forms are to be used by all departments. 451 Selectmen's Meeting October 20, 1975 Mr. O'Connell recommended that the Board set up two dates with Budgets the Appropriation Committee, the Personnel Advisory Board, the Select- men and the Town Manager to discuss goals and objectives and to review the FY 77 Personal Services budget. Chairman Kenney agreed to arrange a meeting on goals and objectives within a week. The Board agreed to a walking tour on Saturday, November 8, of the DPW Capital Budget projects with the Selectmen, Town Manager, Mr. McSweeney, Appropriation Committee and the Capital Expenditures Committee. At Mr. O'Connell's suggestion, the Board agreed to write to the Selectmen's Board of Appeals and the Historic Districts Commission and request that Meeting Room if scheduled hearings would result in overcrowding the Selectmen's Meeting Room, Estabrook Hall should be used. This precaution would eliminate the possibility of further scarring by residents sitting on the window ledges. Mr. O'Connell retired from the meeting for an appointment with the Appropriation Committee. At 8:00 p.m., Messrs. Joseph 0. Rooney, Chairman; William A. Melbye, William S. Sullivan of the Lexington Housing Authority met with the Board.. Chairman Kenney read a notice of the joint meeting which was in- Housing serted in the October 9, 1975 issue of the Lexington Minute -man: "In Authority accordance with the provisions of Section 11 of Chapter 41, a meeting Vacancy of the Board of Selectmen and the remaining members of the Lexington Housing Authority will be held on Monday, October 20, 1975 at 8:00 p.m. in the Selectmen's Meeting Room to fill by roll call vote a vacancy on the Lexington Housing Authority." Chairman Kenney: Nominations are open for filling the vacancy on. the Housing Authority because of the resignation of Albert Hruby. Dr. Kessler and Mrs. Battin nominated Mrs. Josette Carter. Mr. Rooney nominated Mrs. Mary Shunney. Upon motion duly made and seconded, it was votedthat nominations be closed. Chairman Kenney proceed with the roll call vote: Mrs. Mary Shunney: Mr. Rooney, Mr. Melvye, Mr. Sullivan, Mr. Bailey, Mr. Buse, Mr. Kenney. Mrs. Josette Carter: Mrs. Battin, Dr. Kessler. By a 6 - 2 roll call vote, Mrs. Mary E. Shunney was elected to serve as a member of the Lexington Housing Authority until March, 1976. Mr. Rooney: The Town has lost a tremendous public servant by the resignation of Mr. Hruby for health reasons. The Board agreed to write a letter of appreciation to Mr. Hruuby. The Lexington Housing Authority retired from the meeting. 452 Sidewalk Betterment Assessments Sidewalk Policy Grant St. Sidewalk Temporary Construc- tion Easement Order for Construc- tion of Grant St. Sidewalk Mdlsx. County Advisory Board Selectmen's Meeting October 20, 1975 The Board discussed the-ft./lowing recommendation from the Director of Public Works/Engineering regarding sidewalk betterment assessments: "In recent years there has been an increasing trend towards con- structing betterment sidewalks in older sections of Town, most notably in the Center. In some instances this has involved the replacing of sidewalks which are in varying states of disrepair or, of substandard width or construction. These walks generally were installed on the Town way by the abutters at their expense which we understand as being within their rights to do so. It has always been the Town's policy not to assess sidewalk better- ments for any portion of the frontage which contained some form of per- manent walk and we concur with this policy. On Grant Street however, if this policy is followed, only three of the eight abutters will pay betterments which will total $415.00 out of a possible $954.00. This represents a better than 50% reduction in potential assessments. In view of the fact that this condition may arise on other sidewalk construction projects, as well as the one at hand, we thought it best to bring this matter to your attention, in the event that you may de- sire to change the present policy. We recommend that the present policy be retained in view of the fact that existing walks, while they may now be substandard, are an indication of the abutters interest in his or her neighborhood and to some small degree have served the Towns needs." The Board agreed to continue the present policy not to assess side- walk betterments for any portion of the frontage which contains some form of permanent walk. Chairman Kenney read a request from the Director of Public Works/Engi- neering to vote an intent to take temporary construction easements for the sidewalk on Grant Street; all abutters have been notified of the proposed temporary taking which, in our opinion, would result in no permanent removal of any trees, shrubs, etc. or no alteration in grade. Upon motion duly made and seconded, it was voted an intent to take temporary construction easements for the proposed sidewalk on Grant Street between Sherman Street and Sheridan Street. Chairman Kenney read a request from the Director of Public Works/ Engineering to sign the Order for the Grant Street sidewalk. Upon motion duly made and seconded, it was voted to sign the Order for construction of Sidewalk on Grant Street from Sherman Street to Sheridan Street a distance of 650 feet, more or less. Representative Lincoln P. Cole, Jr. met with the Board. Chairman Kenney: We would like to briefly discuss the make-up of the Middlesex County Advisory Board and to request your assistance in filing a bill so that the Selectmen may designate a member of the Board or a citizen to represent the Town of Lexington. Right now, the Chairman of 1 1 Selectmen's Meeting October 20, 1975 the Board is a member and we strongly feel that it is difficult to attend meetings that are scheduled when we are in budget preparation time. Rep. Cole: I would be glad to file an amendment. Chairman Kenney: There is a bill something like this; so check with Mayor Mann of Newton. Rep. Cole: No problem. Rep. Cole: Town Counsel and Mr. McSweeney asked me to file a bill Concord so that you will have a sewer on Concord Avenue. It was enacted by the Ave. Sewer House and the Senate today and, if the Governor signs it, you will have s -Legislation it. The Governor should sign it because Natural Resources would he in favor of it. Chairman Kenney discussed the proposed cut in State Aid to Cities and Towns. Senator Kelley is putting forth consideration of cutting up to $53 million and we are unanimously opposed to any cut as part of an expense reduction program. Most of us have already set our tax rate, based on reimbursements on the Cherry Sheet, and we can't balance our budget. Rep. Cole: The figures will be given to the Conference Committee when it meets. Chairman Kenney: We are saying that, in the event you need addi- tional revenues, don't find it that way. Rep. Cole: I agree. The Board agreed to send telegrams to our Senators and Representatives stating opposition to any cut in State Aid to Cities and Towns as part of an expense reduction program by the State. State -Aid Cherry Sheet Reimbursement Mr. Lincoln P. Cole, Jr., Chairman, and Mr. Stephen Politi of the Bicentennial Bicentennial Committee met with the Board. Comm. Chairman Kenney: The Selectmen are in the process of meeting with all our subcommittees to ask them to update their goals, and how we can assess them; to review their charge, and to see if they are operating along the lines for which they were appointed. Mr. Cole: I recommended to the Board that the Committee be kept in existence until 1976. We have nothing of a financial nature at the present time. We have a program on Arts and Cultures and it is being well received; Chairman Miriam Butts is doing a fantastic job. All of our programs were successful. I talked to you about giving some thought to a local home celebration on the 4th of July. I also talked to Ray Barnes and the Town Celebrations Committee would be happy to put something to- gether. Every city and town will be doing some celebrating. If there was a cost for it, it will be in next year's budget. Chairman Kenney: The Board would agree that the idea has merit, and the second funds would be small. We did make a commitment to Town Meeting that 1975 would be the biggest year. Mr. Cole: It could be done by everyone making a contribution of some kind. Mr. Bailey: On the other hand, if the Bicentennial or Celebrations 45 4. Stop Signs Outlook Drive Middleby Road Sidewalk Definition Traffic Regula- tions Selectmen's Meeting October 20, 1975 Committee came up with a;modest appropriation, I wouldn't mind going to Town Meeting. Chairman Kenney: Will you approach the Town Celebrations Committee? Mr. Cole: Yes. Our own committee is in favor and Mr. Barnes said that he would do it. Chairman Kenney: Do you have any report on the medallion? Mr. Cole: Very little. Mr. Buse: I believe all the material we have in our hands at this point shows that we would return between $75,000. to $100,000. to the treasury. Mr. Cole: We are more than solvent - inventory plus the cash. Chairman Kenney: We really appreciate what you and your committee did for the Bicentennial celebration. Also, the fact that you have been running cultural events during the year. Mr. Cole and Mr. Politi retired from the meeting. Chairman Kenney informed the Board that Mr. Stanley Brown, Chairman of the Lexington Commission on Suburban Responsibilities, had requested that the scheduled meeting with the Board be cancelled to a later date. Chairman Kenney read a recommendation from Mr. McSweeney, Chair- man of the Traffic Safety Committee, to approve the request of Mr. Stephen Murdrick, 72 Prospect Hill Road, for stop signs on Outlook Drive at Middleby Road. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Committee and to amend the Traffic Rules and Orders of Lexington adopted by the Board of Selectmen on Nov- ember 13, 1967 by adding to Article 8, Section 22, Schedule 7, the following: Street Location Outlook Drive Outlook Drive Southwestbound at Middleby Road Northeastbound at Middleby Road Regulation Stop Stop The Board agreed to request approval of the State Department of Public Works for the stop signs. Chairman Kenney read a recommendation from Mr. McSweeney, Chairman of the Traffic Safety Committee, to amend the Traffic Rules and Regula- tions regarding the definition of a sidewalk, which is now considered to be too vague. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Committee and to amend the Traffic Rules and Orders of the Lexington adopted by the Board of Selectmen on November 13, 1967: By deleting from Article 1: Definitions, the following: Sidewalk - That portion of a street or highway set aside for pedestrian travel. 1 Selectmen's Meeting October 20, 1975 And by adding to Article 1: Definitions, the following: Sidewalk That portion of a street or highway between the curb lines, or the lateral line of a roadway, and the adjacent property lines set aside for pedestrian travel and clearly improved by the installation of cement concrete, bituminous concrete, brick or other similarly permanent material. 4irri Chairman Denney read a request from Rev. Theodore Stylianopoulos, Permit Pastor of St. Nicholas Church, for the use of the Green on November -1, Green 1975 for a ceremony honoring Archbishop Iakovos, head of the Greek Orthodox Church of North and South America. Also, an invitation to the Selectmen to attend, and a request for the Lexington Minute Men to act as color. guard. Upon motion duly made and seconded, it was voted to grant permis- sion to Rev. Theodore Stylianopoulos for the use of the Green on Nov- ember 1, 1975 as 3:15 p.m. for a ceremony honoring Archbishop Iakovos. Members of the 'Board plan to attend. Rev. Stylianopoulos will be re- quested to per4onally contact the Lexington Minute Men. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the ',Selectmen's meeting of May 27, September 15, and October 14, 1975. Chairman Kenney informed the Board that a request has been re- ceived to endorse the proclamation for UNICEF DAY in Lexington on October 31, 1975. Upon moti¢n duly made and seconded, it was voted to authorize the Chairman to sign the proclamation for UNICEF DAY in Lexington on October 31, 1975. Proclamation Chairman Kenney discussed the Burlington Arcade and the following Burlington report received from Mr. Kenneth Briggs, Planning Director: Arcade At your request, I have reviewed with the Traffic Safety Committee the proposed agcess to the Burlington Arcade off North Street, and we make the following comments: 1. It is obvious that this development will generate considerable traffic and therefore-, any access and egress would have to be of sufficient design capacity to accommodate it. North Street, between Lowell Street and the Burlington line, varies in width between 17' and 24', and this width of road has a very low design capacity. Therefore, it would require widening and improvement to the road in order to accommodate the ensuing traffic. 2. North align Street is at present a minor residential street with poor ent and site distances. In order to accomodate the amount 45(; Selectmen's Meeting October 20, 1975 of traffic generated by this development, the implication is widening and realignment of the street. 3. Traffic signalization at the intersection of North and Lowell streets would probably be necessary as a result of this devel- opment, which would mean considerable expense. Therefore, the Traffic Safety Committee recommends that a complete environmental impact statement be required of the developer by the Burlington Board of Selectmen to determine what will be the effect on Lexington of this access and egress. The Board agreed that a letter is to be written to the Burlington Board of Selectmen expressing concern regarding the developer's proposal. Upon motion duly made and seconded, it was voted to adjourn at 8:42 p.m. A true record, Attest: Executive Clerk, Selectmen 1 457 SELECTMEN'S MEETING October 27, 1975 A regularlmeeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, October 27, 1975, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa and Kessler, Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Executive Clerk, were present. Mrs. Battin informed the Board that the Drug Advisory Committee would meet with the Board on November 15 at 7:30 p.m. Chairman Kenney read a request from Porter and Desmond, Woburn, to Permit - move a building located at the rear of pole #9 on Virginia Road, Lin- Reed St. coln to a location on Reed Street, Lexington. House Move A report from the Building Commission was read stating that the required applidation, plot plan, etc. have been received and examined and approved. The Building Permit has been issued as of October 24, 1975 for the house to be moved to 137 Reed Street. A report from the Director of Public Works/Engineering states that the suggested proposed route meets with the approval of the Town of Lexington, Department of Public Works, and Paul Mazerall, Tree Warden. The following Conditions are to be included in the permit: 1. A bond in the amount of $5,000 is to be posted with the depart- ment of Public Works. 2. The mover is to contact and meet with the Department of Public Workslrepresentative and Mr. Paul Mazerall, Tree Warden, before the p rmit is issued. 3. Polio officers axe required to handle detours, etc. Please submit a detour route in case of an emergency. 4. In the event it becomes necessary to detour traffic off a StatelHighway onto a Town of Lexington Public Way, the Common- wealth of Massachusetts, Department of Public Works will not be responsible for any loss or damage to the Public Way being used for detour. 5. The licensee shall procure and maintain during the term of the permit general liability insurance with coverages for bodily injury) liability and property damage liability, a copy of which must be submitted along with the bond to the Town of Lexington before the permit will be issued. 6. If the move is not completed in one day, the mover must have an alternate location to park the house over night. Mr. McSweelney: We have added that an alternate site must be avail- able if the houlse move cannot be completed in one day. Ms. Sally Neale, owner of the house, and her Attorney, Mr. David Murphy, were pzlesent. 458 Selectmen's MeetingOctober 27, 1975 Mr. Murphy: Ms. Neale has submitted a request to the Selectmen to store the house and garage overnight at the Barn but I understand she has another site in the area. Upon motion duly made and seconded, it was voted to grant permis- sion to Porter and Desmond to move the house and garage located at the rear of pole #9 on Virginia Road, Lincoln, to 137 Reed Street, Lexington, subject to the conditions outlined by the Director of Public Works/ Engineering. Open Mr. O'Connell distributed copies of the new Open Meeting Law. Meeting Mr. Jeffrey Shaw will bring you up to date on the project and how we Law can get information to Boards and Committees. Mr. Shaw: Mr. O'Connell asked me to develop a handbook to be dis- tributed to Boards and Committees, particularly new members, and this is the vehicle to providing the transmission of information. Mr. Cohen could re -work the draft and it could be put in a loose leaf binder, to allow for additions. There are significant changes in the interpreta- tion of the new law, as to what is apropos, and the subject matter for executive session, particularly financial activities such as budget matters, etc. The Board might wish to study it and the decision could be passed on tOboards and committees of the Town. It seems to me that under this law, in the future a subcommittee falls subject to this open meeting law in order to carry out a task. An Ad Hoc committee does not. Chairman Kenney: The overall project that Mr. Shaw has undertaken has been a deficiency for some time and we encourage him to continue. We have informed our subcommittees that, under the new law, meetings must be posted. Mr. O'Connell: Out of our discussions, Town Counsel will render more information and then we will have the vehicle. Battle Mr. O'Connell discussed the flagpole on the Battle Green. Green Mr. O'Connell: We have an emergency situation and Mr. McSweeney Flagpole recommends that action be taken to lower the top section. He has been able to get an estimate of $1,250 and we would like concurrence of the expenditure of this amount. I have examined the Trust Funds and I be- lieve the Trustees would agree to an expenditure. The first recommenda- tion is for the Board to authorize us to go forward with this emergency action. Second, that we request the Trustees to authorize this expendi- ture from one or more Trust Funds. Should the Trustees decide not to comply, the recommendation is that we spend funds from DPW maintenance funds and request a transfer for maintenance/emergency purposes. Mr. Bailey: You are not going to cut anything? Mr. McSweeney: We are going to lower it 70 percent so the flag will still be on it in seasonable weather; in the winter, our problem with the flag is the ice and snow. we will take it down like a ship's mast. Mr. Bailey: You are saying there will be only 10-30 percent in the upper portion? 1 1 Selectmen's Meeting October 27,'1975 Mr. McSweeney: Yes. Mr. Bailey: We don't know what the repair is? Mr. McSweeney: No. We have an alternate plan with Mr. Young that we will try to lower it ourselves, with his assistance. Mr. Bailey: I would feel better if we use Trust Funds to arrive at the final solution, rather than at this time, and to have a modest transfer now. Mr. Buse: I agree with Mr. Bailey. I will enlighten you an what the Bicentennial Corporation has in mind for next week. The Board gave us permission to investigate underneath the Green; we would use radar and, if it can be identified, we would build a permanent memorial around it. In'the event there is no structure that it is possible to identify, the Bicentennial Corporation would contribute to a new flag- pole as a permanent Bicentennial memorial on the Green. Upon motion duly made and seconded, it was voted to authorize the Department of Public Works to enter into a contract with Mr. Roy Leonard, of Steeplejacks, Framingham, in the amount of $1,250, to lower the flag- pole on the Battle Green. Mr. O'Conne11 discussed garage and barn sales in Lexington. Mr. O'Connell: We are having a problem with signs appearing on public ways, usually on Town -owned trees, which is a violation of the Town By -Law and also can cause a potentially serious injury to the tree. People do not realize that they are not supposed to affix signs and we are not'.having much success in having them observe the rules, including putting signs on trees in front of the Visitors' Center. Another problem we had was a walk that took place on the sidewalks and, therefore, did not require a permit - but they put the signs up. The Board might wish to review the entire experience before the season starts next year. Mr. BaileV: Why not accumulate the experience of this year and have the inforxhation go out with water bills so that people will know how we feel about this? Chairman Kenney: We give permission to people and we enclose the rules and regulations for garage sales. For every one we receive, there are two that d n't bother and just run them. Mr. O'Connell agreed to take the suggestions under advisement. Signs on Trees - Garage Sales Dr. Kessler discussed the proposal for the establishment of a Proposed Citizens Advisory Committee on Transportation. Transpor- Dr. Kessler: I would like to make a formal proposal that the tation Comm. Selectmen confider forming a committee; to choose 5 to 7 members to insure balance land dedication, and they would act as a resource group to the Selectman. and other interested groups. They would be concerned with problems On transportation but would not make decisions. There are several people here that could present arguments in favor of this type of committee and I would call on them. 460 Selectmen's Meeting October 27, 1975 Mrs. Joyce Hals: We are here because it has been apparent to us for the last few years that there is a real need for someone in Town to pull all the information together and act as a sounding board. Citizens are becoming a part of a mandate whenever you use state or federal funds, i.c., Alewife Red Line extension, and we feel that well- informed citizens would make better input. We would like to see the committee act as a sounding board or bridge to the Selectmen, and I would urge that you appoint a committee. ChairmanKenney: In the past, we had a 1 -man committee, Sandy Brown. Mrs. Kay Menand: I have a progress report from the Central Trans- portation Planning, Northwest Region; most projects under consideration already involve Lexington. It seemed to us, with all the responsibilities the Selectmen face, that transportation is only one of them and there could be a group of citizens to help focus information. You want to ask, "Could this be of help to you?" Mrs. Jacqueline Smith: Possible computerization of Town Advisory group. I have worked on the Red Line extension and with the Governor's Hanscom Task Force. The Red Line has those people who were interested and got together on opinions. After working for two years, I would recom- mend a group with continuity as the core, picked by the Selectmen, and you can be sure of balance and continuity of people who will attendmeet- ings. Also, to be sure nobody is left out, I would sincerely urge that an invitation be given to all citizens interested in transportation to join with them. Dr. Kessler: It would be interesting to hear from Don Graham and Sandy Brown. Mr. Graham: We essentially have to work with the Selectmen. The proposal is for a small group and it would be useful to have a core group: We would be happy to work with them. Mr. Brown: I am much in favor of a citizens' group and there is a lot of work to be done. I have a firm feeling that a member of the Selectmen needs to be assigned to the committee, and the Board could im- plement a lot of the transportation problems. Only through a coordinated approach can the Town's overall planning be accomplished. I am very much convinced that a member of the Board of Selectmen should take these responsibilities as there will be a point when the policies of all the towns involved must be constructively and cooperative coordinated with Massport policies, and each Board of Select- men must decide what its Town's policies will be in regard to the future of Hanscom Field. The Route 2 Committee is a federal agency, and the National Park would like to close up the entrance to the airport from the access road. This will have an effect on the Town and the Selectmen should deal with it in order to have "clout" to deal with the government. Another one is the Bedford Base, which is closed. The Hanscom Task Force has discovered there are public roads through there and you need a group for discussion of. this. On the Red Line Extension, Mr. Bowyer's report has had an effect on planning to extend the Red Line. The design Advisory Committee report 461 Selectmen's Meting October 27, 1975 was signed by me as a Selectmen and Eric Clarke as a member of the Plan- ning Board. This kind of official representation of the Town is essen- tial. The Hanscom Task Force - the Governor has appointed this board. One of the discussions here is whether the Airport should not allow jet planes. Lots of citizens do not want to allow this. Raytheon has bought a jet plane and would not continue to expand its industrial facility unless it had an airport there. Another one is the problem of fire: Mr. O'Connell Was vocal, making sure that Massport had a fire protection and, at the moment, the Air Force is supplying protection. Bedford is worried about d catastrophe in the area. Again, the Selectmen`.need to be directly associated with the problem. The Logan communities Advisory Committee to Massport: People ask why should Lexington citizens be worried about Logan when it is so far away? Lexington citizens suggested, an the impact on East Boston, that it actually change the private transport from Logan. There should be a voice in town affairs, in a leadership role, to be talked out for the impact. I am in favor of a Transportation Committee, and it is the re- sponsibility of the Selectmen to have one of their members on these other transportation committees. Upon motion duly made and seconded, it was voted to form a Citi- "Vote" zens' AdvisorylCommittee on Transportation. Chairman Kenney: We will work out the details later, and will solicit letters from interested citizens. Also, we will ask that Planning Boardfor comments. Mr. Brown# In my opinion, The Governor's Task Force is most im- portant and the Board appointed Mr. Kenney as an alternate at the time of my appointment. The Boardlagreed to inform Governor Dukakis that Mr. Kenney will attend the meetings of the Hanscom Task Force due to the resignation of Sanborn C. Brown. Interested citizens retired from the meeting. Mr. Buss submitted a report on the Refuse and Recycling Committee. Refuse & Mr. Busa: The committee met several times last fall and tried to Recycling come up with alworkable plan to collect articles for recycling. When Subcommittee we had a plan,'the bottom fell out of the market. We have not met since then but I sent a letter asking for opinions from all members, and the conclusion is that we disband at this point. Some steps can be taken if we' can get the pulse of the market; then, the Board can appoint a committee to arrange for collections. The only materials they are looking for at this time are aluminum and white glass. We still have our recycling program at the landfill but there is a problem with waste paper Mr. Bailey: Are we still able to get rid of it at the dump? Mr. O'Connell: Sometimes it doesn't get back into the industrial cycle because df economics. As Mr. Buss said, colored glass is becoming less and less acceptable. 462 Selectmen's Meeting October 27, 1975 Mr. Buse: Some recycling committees collect it and dispose of it without recycling it. Upon motion duly made and seconded, it was voted to accept the recommendation to disband the Refuse and Recycling Committee and to discharge the members. Recreation Chairman Kenney read a report from Mr. Irving H. Mabee of the 'Study Recreation Study Committee, stating that the Committee unanimously Committee recommends that the existing informal arrangement whereby the Town Manager consults with the Board on the appointment of the Recreation Committee be formalized. We recommend that this change be accom- plished by altering the Selectmen /Town Manager Act in order to pro- vide that members of the Recreation Committee be appointed by the Town Manager with the approval of the Selectmen. We make this recommenda- tion because the Recreation Committee deals with major matters of town policy; because the issues with which it works are often of intense concern to groups of citizens; because its relationship with the Town Manager as Lexington's chief administrative official has became ambi- guous; because we have heard no convincing arguments against the formi- lization in law of a practice which already exists in fact. If the Selectmen support this proposed change in the Selectmen/Town Manager Act, then a revision in the Town By -Laws with respect to the Recreation Committee may be advisable to maintain consistency between the Act and the By -Laws. Mr. Busa: I would like to brief the Board regarding this. The members had quite a discussion and there were alternative suggestions. It was suggested by two members to have the Recreation Committee members elected, but after further discussion, it was the unanimous vote that this isn't the route we would take. Another suggestion was to have the Moderator appoint the Committee, but the majority opposed this avenue. Also, to have elected officials appoint someone, but this was unanimously defeated after a lengthy discussion. A suggestion by Paul MacKenzie almost had a unanimous vote - this was to do away with the Recreation Committee, appoint a Recreation Director and form a recrea- tion department to run the Town program under the supervision of the Town Manager. The Director could take the brunt of citizens' complaints. It was finally decided that the best way is the way we are doing it, and it was unanimously voted to have the members of the Recreation Com- mittee be appointed by the Town Manager, with the approval of the Board of Selectmen. Also, there was nothing but praise for the past and present members of the Recreation Committee. Mr. O'Connell: I have no objection to the recommendation made. I can't find fault with it, but my rationale might be different as I can't agree that the relationship with the Recreation Committee and the Town Manager is ambiguous. People who don't agree feel it is becoming more and more a policy board. I have no objection. Mr. Bailey: This would require legislation to amend the Act. Mrs. Battin: It would take a two-thirds vote of Town Meeting or a request of Town Meeting to go to the Legislature. Selectmen's Meting October 27, 1975 Mr. Cohen! When you have a piece of legislation, you are amending it by Home Rule. Dr. Kessler: In any event, we need an Article. Mrs. Batttn: We should also review the General By -Law covering the Recreation Comeittee to make sure that it is consistent. Upon motion duly made and seconded, it was voted to accept the re- port and to disband the Recreation Study Committee and to discharge the members. • It was also agreed to have anArticle in the Warrant of the 1976 Annual Town Meeting to amend the Selegctmen/Town Manager Act to provide that members of the RecreationCommiEtee,be appointed by the Town Manager, with approval of the Board of Seiectmei. 'Town Counsel is to be requested to look into the General By-Law,#covering the Recreation Committee so that it will be consistent with th@""Selectmen/Town Manager Act. Miss Mary IRockwood, Chairman, met With the Board to report on the Youth activities of the Youth Advisory Committee. Advisory Miss Rockwood: We have met twice this year and have set up an out- Commission line for this year's projects: 1. A Youth Calendar of all youth activities, which will be publi- cized in the Minute -man. We also have a proposal for a weekly or monthly article in the Minute -man, to be written by the Youth CommiSsion, for citizens' information. The Youth Directory would ,appear in the form of a supplement to the Minute -man and wouldibe done by our Youth Editor, who is a student of journalism. This would be free of charge to people not receiving the Minute -man. 2. Annum. Youth Day: We hope to expand on the talent show, dinner dance] and art festival. 3. The Committee's report to be submitted for the Annual Town re- port.l 4. A Comipittee on By -Laws: To amend to fit the current structure of the Youth Commission. Last year, we expanded the Executive Boardland Subcommittees. 5. Subcommittees were established last week and will start soon. The Cwmmunity Volunteer Program, which Mrs. Friedman was work- ing on, will not be on a project but an individual basis. Youth+related groups plan to meet with the Boy Scouts, Girl Scouts, and students in the elementary and junior high schools, and w:brk on scholarships. 6. YouthlEmployment Service: We would help out if they needed us. 464 Extension of Hist. Districts Committee House Move Betts - Blossom - crest Rd. Selectmen's Meeting October 27, 1975 We have no idea of how much money we will need but will have .a final report by the end of December. We will need money for the Annual Youth Day and the Youth Director. Chairman Kenney: You should submit your report early in December for the Annual Town,Report. Mr. Busa: It will be ready by November 15, and expenses will be in by the end of December. Chairman Kenney: Get them in sooner as we need the estimated cost of the directory. We will assist you as much as we can. Mr. O'Connell: I would encourage the Youth Commission to give pri- ority to the Youth Employment Service because of the likelihood of an increase in federal funds to be available. The Youth Commission could serve an important role by stimulating interest. Chairman Kenney: Yes, and by providing a list of people eligible for jobs. The information on federal funds would have to come from the Town Manager's office to the Youth Commission. Mr. O'Connell agreed. The Board thanked Miss Rockwood for her progress report, and she retired from the meeting. Chairman Kenney discussed the Committee on the Extension of Historic Districts. Chairman Kenney: We talked with Sanborn Brown, who reports that his committee hasn't been able to accomplish anything; that he talked with Mr. Bob Lyon, who felt that although he had originally written to the Board with suggestions, and there was nothing that could be done now. Mr. Brown had also talked with Mr. Jaquith and the Historic Dis- tricts Commission is not in favor of the idea; neither is the Planning Board. Chairman Kenney: They are saying that they don't believe their original charge has a great deal of validity and, therefore, ask to be dissolved. Upon motion duly made and seconded, it was voted to dissolve the Committee on the Extension of Historic Districts and to discharge the members. Chairman Kenney read a request from D. R. Betts, House Mover, No. Attleboro, for permission to move a house from 760 Marrett Road to Lot No. 4 Blossomcrest Street. Permission was previously granted on July 28, 1975 to move this house to Idylwilde Road. Mr. Busa: I would recommend that the mover give a detour route in case of an emergency. Chairman Kenney: Mr. McSweeney recommends approval be granted, subject to conditions. Upon motion duly made and seconded, it was voted to grant permis- sion to D. R. Betts to move a house from 760 Marrett Road to Lot No. 4, subject to the following conditions: 1 1 1 FAD 465 Selectmen's Meeting October 27, 1975 1) A bond in the amount of $5,000 is to be posted with the Depart- ment of Public Works. 2) The mover is to contact the Department of Public Works for the permit. 3) Polio officers are required to handle a detour route in case of anlemergency. Please submit an alternate route. 4) In the event it becomes necessary to detour traffic off a State Highway onto a Town of Lexington Public Way, the Commonwealth of Massachusetts, Department of Public Works will not be respon- sible,for any loss or damage to the Public Way being used for detou1. 5) The licensee shall procure and maintain during the term of the permit, general liability insurance with coverages for bodily injury liability and property damage liability and a copy of whichmust be submitted along with the bond to the Town of Lexington before the permitwill be issued. Chairman kenney read requests from the following for an extension Liquor - of hours under' the liquor licenses on New Year's Eve: Knights of New Year's Columbus and Sheraton Lexington Motor Inn. Eve Upon motidn duly made and seconded, it was voted to grant per- mission to the Sheraton Lexington Motor Inn for an extension of hours under the Innholder liquor license until 1:00 a.m. on New Year's Eve. Upon motion duly made and seconded, it was voted to grant per- mission to thel Knights of Columbus for an extension of hours under the C1ubJliquorliCwense until 2:00 a.m. on New Year's Eve. Chairman Kenney read a request from the M.B.T.A. for the use of M.B.T.A Cary Memorial Hall on November 25, 1975 from 9:30 a.m. to 2:30 p.m. -for Cary Hall half -fare registration of senior citizens and handicapped persons. The Boardi agreed to inform the M.B.T.A. that Cary Hall would be available on November 25, 1975, and the Council on Aging would be re- quested to provide assistance with the registration of citizens. Chairman kenney read a request from the Lions Club for permission Lions Club to conduct the! annual July 4th carnival on July 1 through July 5, 1976. July 4th Upon motipn duly made and seconded, it was voted to refer the re- quest from thei Lions Club to the Town Manager for a recommendation. Mr. O'Connell discussed Capital Budgets. The Board is to review Budgets the Town Manager's preliminary material and the budget process will start after No'bember 3 with his recommendations on DPW projects. We will probably be adding the flagpole on the Green as a Capital item. On November 8 at 9:00 a.m., the Board, Town Manager, Appropriation committee and Capital Expenditures Committee will walk the DPW Capital Budget projects. 466 Selectmen's Meeting October 27, 1975 The first budget meeting will be held on Saturday, November 15, and Expense Budget material will be available. Personal Services Budget schedule is as follows: Budget prepara- tion instructions to departments and received by Town Manager on Octo- ber 27; Head count data due from departments on November 10 and given to Selectmen and Appropriation Committee by November 24. Collective bargaining will start early in November for DPW and Fire Department; there are no plans relative to the Police Department. Community Dr. Kessler updated the Board on the activities of the Community Relations Relations Committee. Three members were present: Marcy Kritsick, Committee Sandra Shaw, and Anne Scigliano. Dr. Kessler: When we started the committee, the purpose was to help identify problem areas within Lexington, and to suggest possible means of coping with these problems. The Committee first met during the summer and unanimously agreed that one of the more serious com- munity problems which reached out and touched every citizen was vandal- ism and related topics, such as mutual respect, we could start our attempt in bridging some gaps. We had several meetings and had lots of participation from members of the committee and the townspeople and I would like to list those things the committee has acted on so far, and let the Board know what we currently are working on. We suggested to T.M.M.A. to jointly encourage activation of neigh- borhood groups to help citizens have a better chance of understanding community problems. The next meeting will be held in Estabrook School with the North Lexington neighborhood group and eventual meetings will be in all areas of Town. We met with the School Committee and strongly recommended that Y.E.S. be re -activated - and we are happy to hear to- night that the Youth Advisory Commission feels that way also. We recommend increased security around schools against night van- dalism possibly by using young adults as watchmen during key hours; to consider curriculum courses in lower grades dealing with civic pride and courses on causes and costs of vandalism in upper grades, and that Police Officers be considered as possible teachers; expanded availabil- ity of the field house to the community at large is suggested, and follow-up meetings with the Recreation Committee and the School Commit- tee are needed to explain these suggestions - we will do that in :the future. There will be a wide range investigation by our committee on the possibilities of a community center and/or teen centers, and what is happening in other towns. Some of our school buildings that are being closed may possibly be used. We will work with the Planning Board to have key questions placed in the recreational survey and, when we get answers, we will hold discussions on them. The Committee has not Dome up with specific recommendations but we encourage the Minute- man to institute articles and we hope that the paper will explore the subject from many viewpoints. We are also asking the paper to sponser a series of articles on the changing roles of authority in our society. If it proves to be intellectually stimulating, the Committee will hold panel discussions later. 1 1 Selectmen's Meting October 27, 1975 Last week the Committee voted 11-1 to request the Selectmen to con- sider placing an article in the warrant to prohibit drinking of alcoholic beverages in pjablic places in Lexington. The Committee feels it is strongly advisable to ask TMMA to hold a warrant information meeting specifically designed for the youth of Lex- ington, and weiwill ask them to cull from the warrant all articles of specific interest for youth, and to encourage them to come to the meeting. Chairman Kenney: TMMA sponsors meetings but somebody else does all the work. Dr. Kessler: This would be a specific meeting where young people will be told that this is their meeting. I am sure you could get enough members of TMMA to agree. Mr. Bailey: All we are saying is that presentations would have to be made twice.' Chairman Kenney: Usually, we have had several warrant information meetings but I suppose you could take items that are of particular interest to youths and put it on for one night. Dr. Kessler: I am sure that the details can be worked out. The com- mittee feels it is important that young people can come in and listen. Chairman Kenney: This would be an informative meeting, not open dis- cussion. Dr. Kessler: Our next meeting will be one where the committee, as well as citizens at large, will be educated to juvenile court proceedings. We have arranged for Judge Forte, a Probation Officer, and Chief Corr to help make it asuccess; the date has not been picked yet. We feel there is a lot of mis-information and lack of information, and we hope to get the facts on the entire system of justice. We have also been asked by the Chairman of the School Committee to have as our next project ways of im- proving communication and understanding between parents and teachers. One of the problema throughout the country is growing disenchantment and any- thing done to bridge the gap would be in the best interests of teachers, parents, and the Town. It has been an interesting group and I am proud to have been amember of the Committee and, also, to have a large audience in the summertime. With Judge Forte explaining what our courts are de- signed for, everything should be very clear as to what our system is here in Massachusetts. Chairman Kenney: Is your committee interested in hearing from Mr. McManus (Y uth Counselor)? Dr. Kessler: Yes. Mrs. Baton: He would be more than mittee. Mr. Bailey: We will have a Warrant property. Upon motiOn duly made and seconded, port of the Community willing to talk with your com- Article on drinking on public it was voted to accept the re - Relations Committee. 4E7 Mr. Bailer discussed the problem of homeowners piling leaves on both Leaves sides of the street in the Meriam Hill area. He felt there is a definite 468 Selectmen's Meeting October 27, 1975 safety problem because of trouble with catch basins, cars being unable to pass, and children playing in the leaves. He wondered whether posi- tive action should be taken against homeowners. Mrs. Scigliano, Editor of the Minute -man, suggested that a letter be written to Mr. Spencer, President of the Merriam Hill Association. It was agreed to write to Mr. Spencer and request his cooperation by talking with members of the Association. Mr. McSweeney is to place a notice in the Minute -man regarding the violation of the law by piling leaves in the streets. Easements Mr. McSweeney recommended that the Board vote an award of no damages Grant St. for easements on Grant Street. Upon motion duly made and seconded, it was voted to award no damages for taking of temporary construction easements on Grant Street. Energy Discussion was held on a letter from Mr. Sam Silverman suggesting Conserve- that the Selectmen set up an energy conservation committee. It was tion_ agreed to reply to Mr. Silverman that it is the feeling of the Board that a committee is unnecessary because of the efforts of the Town Manager in organizing an energy conservation program in Town -owned buildings. As far as private use of energy is concerned, Mr. Silverman and citizens could address themselves to formation of a citizens' committee, and the Town would be very willing to cooperate but not sponsor them. Rep. Carol State Representative Carol Amick met with the Board. Amick Miss Amick: I hope to start a dialogue with you on a regular basis. I have several things this evening - the purchase of the Marist Seminary in Bedford for use of the Bedford Community College is pending; the Gov- ernor has given approval but the final step has not been taken. I am participating in a suit against Secretary Guzzi to forestall the Presi- dential Primary date of March 2 as I realize the hardship it creates for towns like Lexington with elections in early March. I have been con- sidering changes in election laws to allow candidates to go to Town Registrars and ask to see the voter list of the previous election. Chairman Kenney: It is not public information. Miss Amick: I feel this is an idea to better equip candidates that they be allowed to come in and copy off names of people who had voted in the past town election. Also, to add to the notice that is posted, the explanation of the use of voting machines. I am in the process of organizing a citizens' task force to allow me to get feedback on various issues, such as the use of a portion of Hanscom Field for a. resource facility to form energy, and I invite you to participate. Dr. Kessler: When studying it, study the obvious problem of traffic. Wherever you put that facility, you will have many trucks and the impact can be devastating to neighborhoods. Mr. Buse: Get the connector road finished first. Miss Amick: One of my goals is a traffic light at Eldred Street. 469. Selectmen's Meeting October 27, 1975 Chairmanl(enney: Mr. McSweeney has been working on that. Miss Amick: I have been looking at a new plant in Saugus and my problem is that they are going slowly and need a push, especially in landfill. Chairman Kenney: We would ask that before you go further, come back and review them with us. Miss Amick: One site they are contemplating is at the Burlington - Lexington line as a landfill, but I prefer a location in Weston. They have cut $42 million out of local aid with the argument that, in bad economical times, the towns would use it to offset the tax rate and also use it for pay raises, and the State does not. Would you be agreeable to legislation that would continue to make local aid avail- able and, if funds were going to be used for salaries of town employees, that the cost of living raise be paid out of local aid. Chairman Kenney: No. Mr. O'Connell: That money should be used to help relieve the tax rate. We have the problem of general revenue funds on the cherry sheet; Commitments are made in the spring and we never know what the legisla- ture is going to do in the fall, and by then it is too late. I understand you are interested in the bill that would allow you to appoint a representative to the Middlesex County Advisory Board. The House bill allows you to appoint outside the Board of Selectmen. Chairman (Kenney: I would -like to see what is in the bill. Mrs. Battin to Mrs. Amick: We would like to have a copy, and the Selectmen would support it, and the name associated with the Senate bill. Miss Amidk: Senator Atkins filed it. Chairman Kenney thanked Miss Carol Amick for meeting with the Board and asked her to carry back to the Legislature the strong feeling of the Board of Selectmen against any cutting of funds. Miss Amick retired from the meeting. Mr. McSweeney recommended that the Board rescind the vote of Contract September 15, 1975 to award Contract 75-9-E in the amount of $270,850.41 75-9-E to Andreassi Bros., Inc., West Roxbury, for sewer and drain construction on Waltham Street to Concord Avenue Trunk Sewer, Concord Avenue, Walnut Street and Graint Street. Mr. Cohen: A recent State consitutional amendment has been inter- preted very broadly by the State Attorney General to require special legislation to authorize the change in use of land acquired for park, conservation and open space purposes. This particular sewer does pass through a small portion of conservation land. Upon motion duly made and seconded, it was voted to rescind the vote of Septem4ber 15, 1975 to award Contract 75-9-E in the amount of $270,850.41 td Andreassi Bros., Inc. for sewer and drain contruction. 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 470 Selectmen's Meeting October 27, 1975 matters which, if made public, might adversely affect the public security 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 and adjourn. Upon motion duly made and seconded, it was voted to adjourn at 10:35 p.m. A true record, Attest: Executive Clerk, Selectmen SELECTMEN'S MEETING November 3, 1975 A regular meeting of the Board of Selectmen has held in the Select- men's Meeting 'Room, Town Office Building, on Monday, November 3, 1975, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Busa, Kessler, and Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Pvlblic Works/Engineering; Mrs. McCurdy, Executive Clerk, were present Chairman Kenney opened the hearing on the petition of the New England Telephone Company for permission to install a pole on Wood Street near Patterson Road. Notices were sent to the abutters and also filed with the Public Works Department. Chairman Kenney read a recommendation from Mr. Coscia, DPW Manager, that approval be granted as this pole is temporary and will be removed after a house is moved to the lot on Wood Street by the Lexington Hous- ing Authority. Mr. John Yackoes, representing the Telephone Company, informed the Board that the pole would be installed for the purpose of raising all wires in connection with the house move. No one else appearing in favor or in opposition, the hearing was declared closed. Upon motiion duly made and seconded, it was voted to grant permission to the New England Telephone Company for the following location: Wood Street: On the northeasterly side, approximately 34 feet more or less southeast of Patterson Street, one pole. X71 NET&T Co. Pole - Wood St. Chairman Kenney opened the hearing on the petition of the New England Telephone Company for the installation of underground conduit on Waltham Street and AlZen Street. Notices were sent to the abutters and also filed with the Public Works Department. Chairman Kenney read a recommendation from Mr. Coscia, DPW Manager, that approval be granted for the installation of conduit to increase the service in the area. Mr. Yackges, representing the Telephone Company, informed the Board that, basically, this conduit is required because there is a congested aerial pole lime; we do have an underground system on Waltham Street and this is the initial step to relieve the pole line. No one else appearing in favor or in opposition, the hearing was declared closed. Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone Company for the installation of underground conduit on Waltham Street and Allen Street. Waltham Street: From existing Manhole #54/62 located 13+ feet NET&T Co. Conduit Waltham St. - Allen Street y7o2 Selectmen's Meeting November 3, 1975 Allen Street: west of Allen Street, westerly 13+ feet to existing Pole 193/81. From the aforementioned Manhole #54/62 easterly 13+ feet thence northerly 95+ feet to existing Pole 2/1, Allen Street. Police - Mr. O'Connell submitted a report to the Board on the death of Richard M. Mitchell Mitchell, 73 School Street, on October 30 at the Lexington Police Station. Mr. O'Connell: Mr. Mitchell was arrested at his home at 6:30 p.m. Wednesday in the presence of his parents, in compliance with a default warrant issued by the Concord District Court, growing out of his failure to pay a fine assessed by the court for an earlier conviction. Mr. Mitchell was booked, given a normal search and confined to a cell, await- ing a court appearance Thursday morning. A default warrant does not per- mit the granting of bail.- During Mr. Mitchell's arrest and booking, he was cooperative and was granted permission to call his home and his lawyer. There was no indication of anything abnormal. Mr. Mitchell was Observed periodically by a television camera in what appeared to be normal sleep. At no time did he request medical attention or give an outward indication of needing any. Early Thursday morning, the police officer was unable to awaken him, and he was pronounced dead by Dr. Soybel. An autopsy showed death by an overdose. Chief Corr asked for a complete investigation by the District Attorney's Office and the investigation is not completed. Tillotson I would also advise the Board of the tragic death of Neil Tillotson of Massachusetts Avenue. According to the information given me, on Saturday evening he was observed in Lincoln attempting to connect an exhaust pipe to his car. The Lincoln police were notified but were un- able to find him in Lincoln. Mr. Tillotson was found by a neighbor of Fletcher Avenue. Death was by suicide by carbon monoxide poison. Those are the sad events of youth during the past week. Chairman Kenney: Are there any comments by the Board? Dr. Kessler and Mrs. Battin replied that they had comments for executive session. Dr. Ellicott, Drug Advisory Committee: Was there any evidence of alcohol in Mr. Mitchell? Mr. O'Connell: The only direct information I have is that the father, in talking afterwards with Chief Corr, made mention of his drinking one beer. Dr. Ellicott: Did the boy appear intoxicated? Mr. O'Connell: Not at the time he was booked. Chairman Kenney: I understand he donated blood that day. Mr. O'Connell: Yes, at his place of employment, despite the advice of the Doctor plus his father's urging to the contrary. Mr. Evret Fowle: What about the Doctor? Mr. O'Connell: I am referring to information by his father. I don't have details. 1 1 1 473 Selectmen's Meeting November 3, 1975 Chairman Kenney: It is not a public hearing. We are here for a report from the Town Manager. Gentleman: Describe the normal search procedure. Mr. O'Connell: His jacket was removed and he was asked to empty the contents of his pockets, which were inventoried and put in an en- velope to be returned to him. The police officer patted him to feel for objects and his clothing was not removed. This is typical of a normal search in the event of his arrest at this time. Mr. Frank Sandy: Was there any indication he took drugs before arrested? Mr. O'Connell: We have reason to believe he secreted drugs on his person. That is our presumption, that he succeeded in having drugs on his person. Mr. Keith Butters: Was he quiet and orderly? Mr. O'Connell: When booked, during the evening his attitude became boisterous and demonstrative. As viewed on the TV monitor later in the evening, he gaive the indication of lying down and going to sleep. Mr. Fowle: In your first statement, you said everything was peaceable. Chairman Kenney: It is still being investigated by the Attorney General's Office. From the reports that we have had, it is a tragic in- cident, the same as the young Tillotson. Beyond that, it is still under investigation.' I would make a personal comment that the action taken by the Lexington police force was completely proper and handled in the normal way and, unfortunately, the young man took an overdoes. Beyond that, the case is still under investigation and further comments would not be to our advantage. Mr. Fowle: I wonder why Mr. O'Connell hadn't given a more careful account at that first instance. Dr. Kessler: It is a difficult situation and it is probably a.poor time to resolute anything; certainly not in public session with the in- vestigation incomplete, and with lots of questions in the minds of most of us. Debate in public session would do no good. This will be investi- gated as fully as possible and all questions any of us have will be answered before it is laid to rest. The assurance I give now is that this will be fully investigated. Mr. Fowlel: At the beginning, there should be a full disclosure of all the facts. Mr. Bailely: Mr. O'Connell said nothing later on to be inconsistent with what he Said before. The fact is, the investigation has not been completed, and it is unfair to comment until there is a full medical report. Mr. Fowle: The first statement of Mr. O'Connell misrepresented the facts. The records will show that. Mr. O'Connell requested concurrence of the Board to award the con- DPW tract for 4 trucks for the Public Works Department to Taylor and Lord at Truck $19,770 per unit, with the possibility of an increase in price up to Contract 6 percent at the time of delivery in Lexington in three months. 474 Selectmen's Meeting November 3, 1975 Chairman Kenney: What was the budgeted amount? Mr. O'Connell: $96,000 and it will be $79,080 for 4 trucks. Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager to award the contract to Taylor and Lord for 4 DPW trucks in the amount of $19,770 per unit. Tree - Mr. O'Connell discussed George Rowe's offer to the Town of a fir ,Geo. Rowe tree on his property behind the Bedford Street fire station. The tree is too large and it would be impractical to move it and it was left that the tree is to remain on the property and Mr. Rowe will have the lower branches trimmed. Hennessey Mr. O'Connell informed the Board that Dr. Bergmeyer, 11 Mountain Stable Road, is interested in a five year lease of the stable on the former Lease - Hennessey property at $200.00 per year. This would not include the land, Bergmeyer just the stable Chairman Kenney: Who is responsible for the condition of the stable? Mr. O'Connell: Dr. Bergmeyer. Mr. Bailey: What is the condition of the stable now? Mr. O'Connell: It is in poor condition. Mr. Bailey: Is he going to improve the condition? Mr. O'Connell: The terms of the lease are that he keep it weather- tight. Chairman Kenney: In the event he makes no maintenance, we hae the right to cancel the lease. The Board agreed and asked Mr. O'Connell to proceeed with the matter of the lease. Veterans' Mr. O'Connell publicly announced that Town Offices will be closed on Day Tuesday, November 11, in conformance with the State law. Mr. O'Connell distributed additional material on Capital Budget, items and said that the Selectmen, Appropriation Committee and Capital Expendi- tures Committee are now in a position to proceed. The Board agreed to arrange a tour of DPW Articles on next Saturday morning. Flagpole - Mr. O'Connell submitted additional information on the Battle Green Battle flagpole. Authorization had been given to spend $1,250 to lower the top Green section to relieve the street but Mr. McSweeney now recommends that the top section be taken down completely and temporarily mount a small pole. This would give the opportunity to inspect the top section and know what the whole project will cost. If the Board concurs, it could be done next Saturday or Sunday. Chairman Kenney: We agree; our concern is to have the flag flying at all times. Mr. O'Connell: We will put a short additional section on the pole. Mr. McSweeney is getting estimates. 1 4i, l` Y Selectmen's Meeting November 3, 1975 Chairman Kenney: we have located the people who put the pole up and, as far as we know, they are interested in the project. There aren't that many people interested in supplying a pole that size. Mr. O'Connell publicly announced that DPW has installed a ramp at Town Off. the rear of the Town Office Building and it is now possible for a handi- Building capped person to park his car, go up the ramp, and reach the elevator Ramp in the building. Mr. Busa has suggested that we call this to the atten- tion of the handicapped. Mr. Cohenlrecommended that the Board sign the Orders of Taking on Grant St. Grant Street. Sidewalk Upon motion duly made and seconded, it was voted to sign the Order Easements of Taking for Sidewalk easements on Grant Street at the following locations: Lot No. Supposed Owner 2 and part of 1 Harvey and Lillian E. Atkinson h/w Unnumbered Roland A. & Katie A. MacPhee h/w 15 Robert M. & Nancy F. Earsy h/w Unnumbered Robert B.- & Joan R. Wardwell h/w 13 Victor A. & Betty L. Kean h/w Unnumbered Jane E. Douglas Unnumbered Richard B. & Susan H. Baumgartner h/w 11 Louis A. & Peggy Smith Hall h/w Chairman Kenney discussed the condition of the Revolutionary Monu- War ment on the Battle Green. Memorial - Chairman Kenney: Mr. Worthen had written to us regarding the condi- Battle Green tion of the stone after work was done on it and questioning whether we should have gone to Historic Districts for approval. I went with Mr. McSweeney to look at it again as, when we last discussed it, we talked about the possibility of removing the stone. The people who worked on it feel that the stone would crumble if we did it. The original stone is at the Hancdck House and it is slate, not granite. Mr. Bailey: We are trying to do exactly what Mr. Worthen wanted us to do. Since Trustees' funds are available, I think I would go for re- placing the stone. Mr. Buss:, I concur. Mr. Bailey: I think it would be worthwhile to chat with Mr. Worthen. We are not obligated to go to Historic Districts unless we replace what was there. Chairman Kenney: We received approval from the Trustees for $850.00. I'll talk withiMr. Worthen. Mr. Bailey: It would be prudent to touch base with Historic Districts. It was the concensus to opt for replacement. Chairman Kenney is to talk with Mr. Worthen and Mr. McSweeney is to talk with the Historic Dis- tricts Commission and come back to the Board with information on replacing the stone. 476 Cert. of Incorp. Minutes Perambula- tion of Town Boundaries Moon Hill Trunk Sewer Contract 75-11-E Extra Work Order No. 2 Selectmen's Meeting November 3, 1975 Upon motion duly made and seconded, it was voted to approve the loca- tion of 4 Fairland Street as a mail drop for The Lexington Bicentennial Band, Inc., as requested by State Secretary Guzzi. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meeting held on October 6, 1975. Perambulation of Town Boundaries was discussed. Upon motion duly made and seconded, it was voted to accept the recom- mendation of the Director of Public Works/Engineering that two representa- tives of the Town be appointed by him to walk the Town boundaries on the following dates: Monday November 17 - Tuesday November 18 - Wednesday November 19 Thursday November 20 - Friday November 21 - Belmont & Arlington Winchester & Woburn - Burlington & Bedford Lincoln & Waltham Rain Date Mrs. Battin indicated a willingness to walk the boundaries on Thursday, November 20. Chairman Kenney read a request from Mr. McSweeney, Director of Public Works/Engineering to vote an intent to acquire easements for the construc- tion of the Moon Hill Trunk Sewer, with an award of no damages to all prop- erty owners; (2) To instruct Town Counsel to prepare the necessary Order of Taking; (3) To accept the concept that Messrs. Wilson may relocate the sewer to a new location on his property and convey a new easement at the time of the relocation, all at no cost to the Town. A statement to this effect may be included in the final order of taking, or simply made a matter of record in the minutes of the meeting. Mr. McSweeney: During our several meetings, Donald Wilson has ex- pressed concern that this project might disrupt his spring planting program or that the flow or movement of surface or ground water might be altered, thus damaging his irrigation system. Also, he is concerned about the effect of this easement on future land values. Mr. Cohen: Mr. Wilson ought to write a formal letter of agreement as this does not belong in an Order of Taking. The Board agreed to accept the concept that Mr. Wilson may relocate the sewer to a new location on his property and convey a new easement to the Town at the time of the relocation, all at no cost to the Town,. Also, Mr. Wilson is to submit a letter of agreement. Upon motion duly made and seconded, it was voted an intent to acquire easements for the construction of the Moon Hill Trunk Sewer, with an award of no damages. Upon motion duly made and seconded, it was voted to instruct Town Counsel to propare the necessary orders of taking for the easements. Chairman Kenney read a recommendation from the Director of Public Works/ Engineering for approval of Extra Work Order No. 2 under Contract 75-11-E 1 1 1 1 Selectmen's Meting November 3, 1975 with Po -Mar Contracting, Inc. to cover the installation of approximately 564 linear feet of sewer in Grant Street. This would eliminate an exist- ing health hazard at #193 Grant Street, where present conditions make use of the existing facilities almost impossible. This sewer had been in- cluded in Contract 75-9-3 which, if it had been executed, have insured fall completion and elimination of the health hazard before winter. The estimated cost'of this work is $15,500 and could be completed within two weeks from notice to proceed. Upon motion duly made and seconded, it was voted to approve the recom- mendation of the Director of Public Works/Engineering for Extra Work Order No. 2 under Contract 75-11-E to Po -Mar Contracting, Inc. in the amount of $15,500, under the appropriation for Article 20 of the 1971 Annual Town Meeting. Upon motion duly made and seconded, it was voted to grant the request of the 39th Engineer Battalion of Fort Devens for a parade permit for training of troops from Hanscom Field to the Battle Green on November 5, 1975 at 6:00 p.m. Upon motion duly made and seconded, it was voted to grant the re- quest for a Bike-a-Thon for Retarded Children on Sunday, November 9, 1975 at 10:00 0.m., from Belmont to Concord Avenue to Spring Street to Trapelo Road, Waltham. Upon motion duly made and seconded, it was voted to grant the re- quest of Mr. Ralph V. Lord, Jr. for High School football parade permits on November 8 and November 22, 1975 at 12:45 p.m. Chief Corr is to be asked to make available a cruiser escort. Chairman Kenney read an application from Rosina's Kitchen, 353A Mass. Avenue, for a Common Victualler license. A report from the Board of Health states that a sanitary inspection of Rosina's Kitchen showed conditions to be satisfactory; however, additional Health requirements must be met. Upon motion duly made and seconded, it was voted to sign the Common Victualler license for Rosina's Kitchen, 353A Mass. Avenue, subject to compliance with the requirements of the Board of Health concerning dish - ware and glass'iare, dishwashing machine; storage of food off the floor; permanent covers on pickles, olives, etc.; label requirements; toilet rooms, salad units; food storage refrigerator; equipment schedule and application for a full food service permit is to be made to the Board of Health. Hours are approved for 9:00 a.m. to 6:30 p.m., 7 days a week. Upon the request of Mr. Barry Littleton, Animal Control Officer, for a hearing on aldog owned by Mr. Frank Yeomans, 956 Mass. Avenue, the Board agreed to conduct a dog hearing on November 11, 1975, at 9:00 a.m. Upon motion duly made and seconded, it was voted to grant the re- quest of Profe$sor Griffith of M.I.T. for the use of the Battle Green 477 Permit - Hanscom Field Bike-a- Thon Parade Permit Rosina's Kitchen Dog Hearing Yeomans Permit - Battle Green 478 Community Relations Committee - Judge Forte Executive Session Selectmen's Meeting November 3, 1975 on Tuesday, November 4, at 3:00 p.m. Professor Griffith is to be inter- viewed by a representative of a German TV Station, and there are to be no commercials. Dr. Kessler informed the Board that Judge Forte has invited the Community Relations Committee and the townspeople to come to Concord Court on Thursday evening, November 20, to see, first-hand, the work of the court. It will be an educational experience for parents and the youth of the Town. I hope as many people as possible will come at 8:00 p.m. We should all take advantage of this opportunity to hear Judge Forte. Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of a person. After discussion of matters concerning the financial interests of the Town and a complaint, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9:35 p.m. A true record, Attest: Executive Clerk, Selectmen 1 1 479 SELECTMEN'S MEETING November 17, 1975 A regular meeting of the Hoard of Selectmen was held in the Selectmen's Meeting Room on Monday, November 17, 1975, at 7:30 p.m. Acting Chairman Bailey, Messrsl. Busa and Kessler, Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering, Mrs. McCurdy, Executive Clerk, were present. Mrs. Margery M. Battin, Chairman of the Drug Advisory Committee, Drug informed the Board that she would submit a report for the entire com- Advisory mittee. Mr. Irving Mabee, Mr. Sumner Perlman, members, and Mr." Charles Committee McManus, Youth', Counselor, were present at the meeting. Report Mrs. Battin: The committee met and discussed how we were charged in the beginning and where we would like to go. The original member- ship hasn't changed and Mr. McManus had the genesis as the Town Youth Counselor. Out concerns have been expressed in the last three Town Reports, to function as an advisory service with an advisory youth coun- selor, to provide information and literature on drug education, and to administer the expenditure of the Selectmen's juvenile services budget. Our goals are to provide service to troubled Lexington youth; advise the Youth Counselok on community needs; coordinate efforts with other Town departments, community agencies and programs, and to make recommendations to the Board of Selectmen regarding improvement, modification and financing of services. We do coordinate with Mystic Valley Mental Health Clinic and the Drug Coordinator, who attends our meetings regularly. The Youth Counselor provides necessary services and he needs a group that he can report to and teoeive direction. He needs to deal officially and in- formally with troubled youngsters. Next year, we plan to monitor those youth services' we fund and those we don't. We will require regular monthly reports from Re -Place, Mystic Valley Mental Health, School De- partment Guidance Counselors, and any other advisement services. All of us are interested in setting common goals and we hope to meet with them to talk over areas of common interest on town -wide youth programs and facilities, and identifying problems of needs of youth in the Town. We have common interests with the Community Relations Committee and hope to talk with them on how to communicate with them on problems of children, and We feel we could cooperate. We have a problem we don't know how to answer. We feel that Select- men's Drug Advisory Committee to be a misnomer and would like to be known as the Youth Advisory Committee. We feel there is merit in having a Selectmen on the committee as it has to work closely with the Board of Selectmen, and to rotate one member off a year - but this is not unanimous. I think there is merit in thinking out it. We would like to go on and continue in the direction we are going. Mr. McManas: Over the past year I have continued to do most of the things I have been involved in. I have been in touch with school personnel, guidance counselors, and some of the staff at Mystic Valley Mental Health. 480 Selectmen's Meeting November 17, 1975 The hotline at Re -Place is in operation with 3 or 4 calls a week; they are instructed how to handle these calls and to come to me. Re -Place is the main part of my work and meeting with the staff. They also refer either youths or parents who wish to see one of the two counselors avail- able. I have had 32 referrals since the beginning of this year. For several years, I have been working closely with the probation officer and see him weekly for the purpose of going over problems he may have. The biggest change in the past year was in April when I was initiated into going to the police station, and I have been going once a week to review the police journal and select problems indicating an opportunity of my getting involved with youth or parents. We made 28 attempts to contact people by phone; 16 were never seen and 5 felt it was none of our business; some are getting assistance or looking for assistance. I am currently working with 3 and have seen them for several sessions and referred them to private therapists. It was mutually agreed that 5 had problems of less seriousness. I am hoping to continue to pursue it. Mr. Bailey: Thank you for the report. Are you making headway in tying together what is going on in the school system and Mystic Valley as a uniform approach to the Lexington Problem? Mr. McManus: It is difficult to answer. The new Director is attempt- ing to get more involved with school people to provide consultation ser- vices but the school has hired their own consultation apart from Mystic Valley. Mr. Bailey: As far as the rotation system in concerned, around March make your own decision. As far as combining the relationship of your committee and the Youth Commission and/or changing the name of your com- mittee, we have Chairman of both boards. The Drug Committee is dealing with troubled youth and the Community Relations Committee with untroubled youth. Mr. Buse: I don't wish to see the Drug Advisory Committee expand to involve the major committee in operation. The question I have is if the drug problem seems to have leveled off. Is this true? Mr. McManus: There has been some lessening. Most of the kids I deal with are involved in alcohol rather than drugs per se. Mr. Buse: I don't know which is worse. Mrs. Battin: It is a combination of the two. Acting Chairman Bailey thanked Mrs. Battin and Mr. McManus for their reports. Mr. McManus, Mr. Perlman and Mr. Mabee retired from the meeting. FY 77 Mr. McSweeney presented the schedule for FY 77 requests for street Streets acceptances: November 20 Informational meeting. December 15 - Board votes the intent to lay out streets. December 19 - Notify Planning Board of the vote. January 6 - By this date, written notice of intent to lay out to be delivered to abutters by constable. January 13 - Public hearing by Board of Selectmen. 1 481 Selectmen's Meeting November 17, 1975 January 19 - Board votes to lay out streets. February 23 - By this date, layout plans filed with Town Clerk by Town Engineer. March 1 After this date and before close of Town Meeting, acceptance of layout by Town Meeting. Within 30 days, adoption of Order of Taking by eminent domain by Selectmen and award of damages. Within 30 days of adoption of Order of Taking, re- cording in Registry of Deeds of Order and any better- ments by Town Engineer. List of streets submitted: Crescent Road, Briggs Road, Great Rock Road, Banks Avenue, Cushing Street, Emerald Street, Tower Road, Tucker Avenue. Acting Chairman Bailey: According to this list, it looks like a lot of dollars. Mr. McSweeney agreed. Mr. Bailey: When do you expect to have information from the Planning Board on subdivision streets? Mr. MCSweSney: I believe,they are reviewing them tonight and they will send us a:list by December 15. Mr. Bailey: We will wait for you to get back to us on the recant:* mendation on dollars. Acting Chairman Bailey read a report from the Director of Public Landry Works/Engineering regarding the Landry sewer betterment assessment, as Sewer follows: "Th& November 15, 1972 letter to Mr. Arthur N. Landry, Jr., Betterment 5 Minuteman Late, stated that the Board of Selectmen voted to defer $1,000 of the Sewer betterment assessed to Lot 145, Map 50, for a period of three years, and further stated that, 'if, within that period of time, this property is changed in any way or if the lot is sold or subdivided, this deferment of $1,000 will terminate and would become payable.' Inasmuch as the Board of Assessors has informed us that this lot was sold in April of 1973, it is our opinion that this deferment was termi- nated as of that date and that payment is due the Town of Lexington." The Boardl agreed to notify the Board of Assessors that the defer- ment was terminated by the sale of Lot 145 in April, 1973 and, therefore, the sum of $1,000 is due and payable to the Town. A letter is to be written to Mr. Arthur Landry to this effect. The Boarddiscussed a report from the Director of Public Works/ Summit Rd. Engineering concerning a request from Mr. John Dearden, 33 Summit Road, Sewer and residents Of Summit Road for a connection to the Town sewer system. Request The report states that the petition was submitted too late to be in- cluded in the k'Y 77 Capital Budget. A formal petition will be prepared and sent to Mr, Dearden for signatures and, if returned before the October, 1976 deadline, it will be included in the FY 78 budget request. Mr. McSweeney's report was accepted but the Board agreed that if the existing situation worsens, and if there are available funds, considera- tion would be given to adding this project to a sewer contract. Mr. Dearden is to be so informed. 482 Meriam St. Telephone Street Lighting Ashbury Street Traffic - Lowell/ woburn/ IMaple Sts. I Traffic- ' York St. Webster Easement Selectmen's Meeting November 17, 1975 The Board discussed and agreed to grant the request of the New England Telephone Company for an extension of time on the three outdoor telephone booths remaining at the existing location on Meriam Street, with the under- standing that the three booths are to be lighted all night. The Board also approved Mr. O'Connell's recommendation that appropriate signs be installed on Mass. Avenue indicating the location of the telephone booths on Meriam St. and Mr. McSweeney was instructed to make the necessary arrangements for the approval of the Historic Districts Commission. A report from the Director of Public Works/Engineering recommended against the installation of an additional street light in front of 39 Ashbury Street, as requested by Mrs. Clarence Bentley. However, it was agreed to offer assistance to Mrs. Bentley by a DPW employee meeting with her to investigate the outside home lighting in order to obtain the fullest illumination possible. Upon motion duly made and seconded, it was voted to accept the recom- mendation of the Director of Public Works/Engineering and a letter.is to be written to Mrs. Bentley offering assistance in resolving the outside lighting problem. The Board discussed a report from the Traffic Safety Committee in response to a request from Mr. Wesley M. Hill, Jr., 335 Lowell Street, concerning traffic conditions on Lowell Street between Woburn and Maple Streets Upon motion duly made and seconded, it was voted to accept the report of the Traffic Safety Committee and to inform Mr. Hill that, after investi- gation of the number of accidents which have occurred in this area since January 1, 1975, there were no accidents caused by a engineering deficiency or a roadway defect. Therefore, the Traffic Safety Committee sees no prob- lem in this regard. A Crossing Guard is stationed at the school crossing during school hours; however, if the "School" signs in this area are in any way obscured, the Committee feels they should be relocated to improve visibility. A report from the Traffic Safety Committee was read, stating that the Town has no authority to erect warning signs or install bumps on York Street, as requested by William A. Schaffer, 27 York Street, as this portion of York Street is unaccepted. Upon Notion duly madeand seconded, it was voted to accept the recom- mendation of the Traffic Safety Committee on the unaccepted portion of York Street Acting Chairman Bailey read a recommendation from Mr. Norman Cohen, Town Counsel, to sign the easement given to Mr. Alden Webster over Town - owned land. Upon motion duly made and seconded, it was voted to sign a perpetual access easement to Mr. and Mrs. Alden L. Webster over Town -owned land adjacent to their property at 113 North Street, as authorized under Article 39 of the 1975 Annual Town Meeting. 1 Selectmen's Meting November 17, 1975 The Board discussed a letter from Mr. Howard Cravis, Vice Chairman of TMMA, and it was agreed to write to Mr. Cravis informing him that an announcement of the entire schedule of Town Meeting sessions could be recommended at the first session, and it is the general feeling of the Board to have sessions on Mondays and Wednesdays, except for unusual circumstances.; Regarding his point having to do with response to ques- tions raised from the floor, the Board felt that reasonable questions had been answered and, to their knowledge, timely questions had ever been left hanging by a respresentative of the Town. The. Board, discussed a letter from Mr. Lloyd Gilson, Partridge Road, regarding the Nordblom proposal for industrial park development bor.., dering Lexington, Bedford and Burlington. Mr. Gilson had included a copy of an article which had appeared in the Minute -man outlining a plan presented by the developer at a Burlington meeting, which would bypass the Legislature and go directly to the State DPW. Senator Ronald C. MacKenzie had filed a bill regarding access to the property so that the industrial park could be built. The Board agreed to a joint meeting with the Planning Board and Mr. Nordblom, who will be asked to present his plan for discussion at meeting to be scheduled in December or early January. Senator MacKenzie Representatives: Cole, Amick and Dickson are to be invited to the meeting. Upon motibn duly made and quest from Elk§ Lodge No. 2204 liquor license' to 2:00 a.m. on seconded, it was voted to grant the re - for an extension of hours under the Club New Year's Eve. Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for Certificate of Incor- poration: Barky Agranat, 122 Kendall Road, "Friends of Brandeis Athletics, Inc." and Mara White, 13 Fletcher Avenue, "Homebirth, Inc." Upon motion duly made and seconded, it was voted to approve the minutes of October 20, 1975. The Board discussed the 1976 Annual Town Meeting. Upon motion duly made and seconded, it was voted to call the 1976 Annual Town Meeting (Election Day) for March 1, 1976, with polling hours of 7:00 a.m. to 8:00 p.m. Upon motion duly made and seconded, it was voted to call the first deliberative session of the 1976 Annual Town Meeting for March 22, 1976 at 8:00 p.m. in Cary Memorial Hall. Upon motibn duly made and seconded, it was voted to close the Warrant on Monday, December 29, 1975 at 4:30 p.m. for the submission of Articles fopr the Warrant of the 1976 Annual Town Meeting. The Board discussed the dog hearing conducted by Selectman Howard M. Kessler on November 12, 1975 at 9:00 a.m. on the written complaint of Barry Littleton, Animal Control Officer that a male collie/shepherd TMMA Nordblom Burlington Industrial Park Plan Elks - New Year's Eve Cert. of Incorp. Minutes 1976 Annual Election -Town Meeting Closing of Warrant Yeomans' Dog 4S4 1976 Common Victualler Licenses Selectmen's Meeting November 17, 1975 dog owned by Mr. Frank A. Yeomans, 956 Massachusetts Avenue, Lexington, is a nuisance by reason of a vicious disposition, and had bitten two people on August 27, 1975. Dr. Kessler: This dog is a mixed breed and the two people bitten were older men; one was 80 years of age and had to be treated at Symmes Hospital. We also heard that several other people have been bitten within the last five years but, as they were not reported to the Town, there was no evidence to prove the dogs were running loose at those times. It was difficult because this is a family dog. Mr. Yeomans asked if the Board could make any suggestion at all to allow him to keep the dog, and we don't question his sincerity. He also suggested chaining but it is our feeling that if the dog got out again and attacked a child, we, in good conscience, could not recommend that the dog be left in Town. There would not be a sufficient guarantee and, therefore, we recommend that the dog be destroyed or removed from the Town. Mr. O'Connell: I believe the Board does not have the legal authority for the destruction of the dog, only authority to remove it from the Town; then the owner has the right to appeal to the District Court. Upon motion duly made and seconded, it was voted that after investi- gation, including an examination on oath of the complainants at a public hearing held on November 12, 1975, the Board of Selectmen has determined that the collie/shepherd dog owned by Mr. Frank A. Yeomans, 956 Massa- chusetts Avenue, Lexington, is a nuisance by reason of vicious disposi- tion, and hereby orders that said dog be removed from the Town of Lexington within two weeks from the time of receipt of the order by the owner of the dog; that, until such removal, said dog be restrained to the premises of said owner; and that from and after the time at which said dog is required by this order to be removed from the Town of Lexington, neither the owner nor any other person shall permit said dog to return or be brought back to the Town of Lexington. included in the order to be sent to Mr. Yeomans will be an excerpt from Section 157 of Chapter 140 of the General Laws of Massachusetts: "Within ten days after such order, the owner or keeper of such dog may bring a petition in the district court within the judicial district of which the dog is owned or kept, addressed to the justice of the court, praying that the order may be reviewed by the court." Upon motion duly made and seconded, it was voted to sign the follow- ing 1976 Common Victualler Licenses, which have been approved by.the Board of Health: Anick Enterprises, Inc. dba Dunkin Donuts Brighams Brighams Kentucky Fried Chicken Denny's Restaurant Jeffro, Inc. dba Deli-Shuss Pine Meadows Country Club 373 Waltham Street 94 Bedford Street 1775 Mass. Avenue 211 Mass. Avenue 438 Bedford Street 1841 Mass. Avenue Cedar Street 1 1 1 Selectmen's Meting Peking Gardens Lexington Golf Club, Inc. Friendly Ice Cream Corp. Powder Horn Golf Club November 17, 1975 27 Waltham Street 55 Hill Street 66 Bedford Street 40 Walnut Street Upon motion duly made and seconded, it was voted to sign ing 1976 Package Goods liquor licenses, Club liquor licenses, Restaurant ligy:or licenses. Mr. Buse abstained from voting. Retail Package Goods Stores Berman's Market Incorporated LeXington Liquor Mart, Inc. Club Licenses Lekington Lodge #2204 B.P.O.E. Le$ington Council No. 94 K of Restaurants Lexington Enterprises, Inc. alp Peking Cardens 55 Mass. Avenue 58 Bedford Street the follow - and 959 Waltham Street C 177 Bedford Street a 27 Waltham Street 48 Package Goods Clubs Restaurant Acting Chairman Bailey informed the Board that a request has been May Land received from the Conservation Commission to vote to acquire the May Taking land. Upon motion duly made and seconded, it was voted to approve the request of the Conservation Commission to acquire the land owned by Robert and Patricia May. A request was also received from Norman P. Cohen, Town Counsel, to sign the order'of taking of the May land. Upon motion duly made and seconded, it was voted to approve the request of Town Counsel and to sign the order of taking by eminent do- main for conservation purposes a parcel of land owned by Robert A. and Patricia May of 16 Fletcher Avenue, and shown as Lot 36 on Land Court Plan 5982-0, which plan is filed with Certificate of Title No. 102070 of the Middlesex South Registry District of the Land Court, and which parcel is covered by Certificate of Title No. 107022 in Registration Book 665 at Pae 72 and is bounded and described as follows: NORTHWESTERLY by Grove Street 179.95 feet; NORTHEASTERLY by Lot 35- 232.57 feet; SOUTHEASTERLY by Lot 38-76 feet; and SOUTHERLY by Lot 37- 251.68 feet; award of damages in the amount of $4,000. Mr. O'Connell informed the Board that a request has been received Home Rule from the Massachusetts League of Cities and Towns for a voluntary con- Legal Fund tribution of $156.37 to the Home Rule Legal Fund. He recommended approval of the Board. Mrs. Batti;n agreed with Mr. O'Connell's recommendation. Upon motic`n duly made and seconded, it was voted to contribute $156.37 to the Nome Rule Legal Fund, as requested by the Massachusetts League of Citids and Towns. 48G RR Signs Selectmen's Meeting November 17, 1975 Mr. O'Connell discussed railroad signs that were installed in the Town by the State in the middle of sidewalks and in front of homes. Historic Districts Commission has written two letters to the State with no response. Mr. McSweeney pointed out that a letter had been written to the State accepting the signs and they were installed before the Town was given the opportunity of reviewing the locations. The Board agreed to refer the matter to Mr. O'Connell and the Traffic Safety Committee to resolve the question of the need of signs in locations selected by the State DPW. Fire Dept. Mr. O'Connell reported on the status of the promotion review program Lieutenant to fill the vacancy of Lieutenant in the Fire Department. Following a written examination of 19 candidates, the Selection Board interviewed 9 men, representing the top half of the group, and submitted recommenda- tions to the Town Manager. Candidates will be advised shortly and an appointment will be made. This list will provide us with candidates for Lieutenant for the next three years. Executive Upon motion duly made and seconded, it was voted to go into Executive Session Session for the purpose of discussing, deliberating or --voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputation of a person. After discussion of matters concerning personnel, litigation, public health, and the financial interests of the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 11s50,p.m. A true record, Attest: c Executive Clerk, Selectmen 1 4S7 SELECTMEN'S MEETING November 24, 1975 A regularlmeeting of the Board of Selectmen was held in the Select- men's Meeting Doom, Town Office Building, on Monday, November 24, 1973 at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Buse, Kessler, and Mrs. Battin; Mr. O'Connell,:Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Executive Clerk, were present. At the request of the Town Clerk, the following jurors were drawn: Jurors Russell H. Bean Donald Muse Leon Golub Robert E. Blouin Marv4n Menzin Will4am J. McLaughlin Will'am F. Byers 2300 Massachusetts Avenue 110 Bedford Street 4 Wyman Road 30 Brandon Street 26 Mason Street 559 Lowell Street 28 Fairlawn Lane Mr. John Finnegan, Chairman of Concord Town Celebrations Committee, and Representative Lincoln P. Cole, Jr., Chairman of the Lexington Bi- centennial Committee, met with the Board. Mr. Finnegan presented Concord Bicentennial medallions to members of the Board, Mr. O'Connell and Mr. Cole. He expressed the appreciation of the Town of Concord for Lexington's cooperation during the planning and.kmplementatjon of the Bicentennial celebration. He informed all that 100 years ago, Lexington had thanked Concord by letter, and 50 years ago, the Selectmen Had gone to Concord to thank them. Chairman Tenney thanked Mr. Finnegan and asked him to bring back to Concord the sincere appreciation of the Town of Lexington for their efforts in making the joint Bicentennial celebration such a tremendous success. Mr. Finnegan was presented a silkscreen plaque of the Lexington Minuteman, with the expectation that it would be hung in the Concord Selectmen's meeting room. Mr. Finnegan retired from the meeting. Mr. Victor Cantone and Mr. A. Laing, Mass. Department of Public Works, met with the Board. Mr. Laing We are here because Mr. McSweeney made inquiries on whether funds are available. We need locations from you on guard- rails for roadside obstacles. On signing, we put it out on contract and Lexington OPW picks up and installs. Mr. McSweeney is interested in traffic control signals and, if it is a high hazard situation, it could qualify.' Worthen Road and Waltham Street is a high accident location. Chairman Kenney: What do we have to do to make application? Have traffic counts? Mr. Cantone: Yes, and prepare all plans and specs and environ- mental impact Statement - a negative statement of one page; if there Concord Bicentennial Coins Mass. DPW Highway Safety Aid Guardrails Traf. Sig. Worthen/ Waltham St. 4) CETA Contract Extension Permit Christmas Carols Selectmen's Meeting November 24, 1975 isn't any controversy, we wouldn't need a public hearing. Chairman Kenney: I would doubt there would be at that location. Our Traffic Safety Committee has made a conclusion, and it is recommended to include it in our Capital budget. - Mr. Cantone: If it qualifies, there would be no appropriation by the Town. You would have to design it first according to our standards. There are a couple of others available under the Governor's Highway Safety Bureau. You have already applied for a painting machine, and there is another one for traffic counters. Chairman Kenney: Under the first program, you mentioned the installa- tion of guardrails. Mr. Cantone: It would be the same thing - location and where it would start and end. The purpose is to protect people. We have to have the information to put it in contract form, and it would be put out for contract areawide. There is not much engineering to be done as we take it from where you give us and- combine it for a State contract for dis- tricts. Traffic signals will be a separate contract; you give engineering drawings and the contract is prepared under federal standards. Chairman Kenney: We can give you Bedford Street and Middle Street. Mr. Laing: We allowed towns to put up traffic signals on State high- ways when we didn't have the money. I hope we aren't getting into anything here. Chairman Kenney: We went to the Commissioner on Bedford Street. Mr. Laing: He wouldn't allow it? Chairman Kenney: No. It is about time we made an appointment to see Commissioner Carroll to discuss Bedford and Eldred Streets. Mr. McSweeney: When do you expect the contract on signing and the striping machine? Mr. Laing: Early in the spring and summer. Chairman Kenney: We are pleased you came in and, obviously, we are interested in programs of highway safety and practical assistance. Mr. McSweeney is to contact you concerning forms and applications, and we would pursue this to get whatever is available for highway safety. Mr. Laing: Just contact District #4. Mr. Cantone and Mr. Laing retired from the meeting. Mr. O'Connell informed the Board that CETA expired on October 15 and has to be extended to June 30, 1976. Upon motion duly made and seconded, it was voted to authorize the Town Manager to ,..re, -execute the contract with CETA to June 30, 1976. Mr. O'Connell discussed a request from the High School Choir group to sing carols in business areas, on sidewalks, during the Christmas season. They will have donation boxes similar to the Salvation Army to subsidize a concern dhoir exchange group. Upon motion duly made and seconded, it was voted to grant permission to the High School Choir to sing carols in the business area during the Christmas season, with the understanding that there be small groups. on the sidewalks. 1 1 4s9 Selectmen's Meeting November 24, 1975 Mrs. Battu► came into the,meeting at 7:57 p.m. Mr. O'Connell discussed the recreation ballfield lighting project. Recreation There is a problem on this project at the Center playgrounds to allow Mr. McSweeney to complete design work to get reliable bids. There has been more effort on this project than anyone knows. Town Meeting appro- priated $38,0001but, as Mr. McSweeney went forward to prepare for con- struction, we fdund three areas estimated as substantial deficiencies. First, the group assumed incorrectly the costs of engineering work and it turns out itis much more than they thought because of the second project - the job to get the lighting system designed. At the time, it was thought there were fairly normal soil conditions but no test borings were taken. After they were taken, soil conditions were found to be poor and it will be more than it was thought for light towers. After the job was estimated and an appropriation by Town Meeting, in further planning the height of two poles was increased from 60 to 80 feet. When they learned about the problem, they confined themselves solely to the project. It wa$ reviewed with the Recreation Committee and they confirm that this continues to have No. 1 priority. They explored the alterna- tive to see if there was another ballfield in Town to light, and there isn't. Now, they feel this is still the right choice, and the first priority this year in the Capital budget will be for the balance. Mr. McSweeney and I bring it to you for, if he is to have a.reliable bid, he will have to'complete engineering work, especially on foundations, and he estimated up to $8,000 for engineering work for plans and specs for bidding. If Town Meeting were to say we decline to give the money, we would have completed the design engineering but, if we wait, we will be without reliable information - and Mr. McSweeney and I feel it should be done. The Recreation Committee priority isn't going to change but the question is when Town Meeting is going to allow them to complete the pro- ject. If we do it now, we will have plans and specs ready, and we will have a bid to k:pow reliably what the total cost is going to be. Mr. Bailey: In general, I am sympathetic to the argument and the points presented but one thing that bothers me is getting $8,000. In my own judgment, I think it might be a very controversial item at Town Meeting. I wish we could do something for $2,000 and maybe get up to the point of putting a reasonable price tag on it. It feels about $2,000 to me. Mr. Buse t Mr. McSweeney: What about the borings? Mr. McSweeiey; I answer both questions. I could give you a reason- able figure down to zero, and we are well over the scope of the project as presented last year. Second, we have found between 25 to 50 feet of peat in there on the ballfield. With these kinds of conditions and the foundation, I would like to have someone specialized in this field, and preliminary estimates run between $6 to $8,000. Engineering could come up with engineeling service contract and give you the items for Town Meeting, but I Wouldn't want to go out to contract that way. Mr. Bailey: We are talking over $60,000 all told; some $25,000 for Town Meeting this year. 490 Selectmen's Meeting November 24, 1975 Dr. Kessler: I have enough doubts about Town Meeting approving the project without talking about $8,000 now. I would rather put it off and would vote against it. Mrs. Battin: I concur. Mr. Bailey: I would phrase it that if an intermediate position could be established to help us in putting together a package for Town Meeting for "X" dollars, I would be interested in hearing about that. Chairman Kenney: Mr. Bailey has a good point. If it is possible to give us something definitive and if we agreed, we could talk with the Appropriation Committee. Then, it gives us the distinct advantage of going to Town Meeting and saying we are pretty confident that "X" dollars suffice. Dr. Kessler: As long as we are keeping it to hundred rather than thousands. Mr. McSweeney: We have taken the borings and we are talking approxi- mately $60,000. I could give you the figure we are talking for Town Meeting. I am saying I have firm proposals from soil experts and they range between $6 to $8,000. You would have an actual contract price. Mrs. Battins I don't think it is worth that. Chairman Kenney: It is my opinion if this is No. 1 priority of the Recreation Committee, I think they can sell this project. But there is another opinion that it might hurt the project. Dr. Kessler: I remember the difficulty last year at Town Meeting and, to come in anticipating almost double the expense, it might kill the pro- ject. Mr. Buse: I still think we should take some steps. We have Mr. McSweeney's thinking and we have to come up with some money spent for engineering. You can go from $150 to $500 per boring. We have to sit with the Recreation Committee to determine what avenue they will go. They have to have all ammunition to go to Town Meeting. I don't concur with $8 to $10,000. I think we should get all the information first and then we can pre -judge it. Mr. Bailey: Everybody has said we aren't going to spend $8 to $10,000. Mr. O'Connell: From what I hear tonight, the Board would go to Town Meeting for $8 to $10,000 but not ask for construction money. Because the No. 1 problem is what type of foundation is best, I would urge Mr. McSweeney to stop, to ask for engineering money, and I would urge we take the next step and go to Town Meeting next year for construction money. Mr. McSweeney wants to know what type of foundation is best and we don't have the in- house competent help to do it. Dr. Kessler: Get the Recreation Committee in and let them know the problems as we see them. Chairman Kenney to Mr. McSweeney: Is it that difficult on a final fix? Mr. McSweeney: I have the fix and that is why we are here, knowing we won't come out anywhere near the $38,000. Chairman Kenney: Are you saying you could tell us within 10 percent of what the project will cost? Mr. McSweeney: Yes. 1 1 1 Selectmen's Melting November 24, 1975 Chairman Kenney: We will talk with the Recreation Committee and Mr. McSweeney is tcb get an estimate of what it would cost. The Board agreed to a joint meeting with the Recreation Committee on a Saturday morning. Mr. PeterlPlank, President, Mr. Paul Goldmuntz, Director, of Re - Place, Inc., Ms. Irving Mabee and Dr. Ellicott of the Drug Advisory Committee, met ',with the Board to discuss Re -Place, Inc. Chairman Kenney: We have a letter from Mr. Charles McManus, Drug Counselor, in general support of Re -Place and also have a letter from Mystic Valley Area Drug Coordinator, Donald Rahelich, saying that the Division of Dr gs' award of $13,500 has been reduced to $11,475, with the further possibility of cuts in State aid. Mr. Plank: Through our efforts this year, we will not need money before July of 1976; we cleared $2,500 from the auction. Basically, the decision that you, as citizens of Lexington, must make is, "Is Re -Place worth keeping going?" We do not know if we are going to get funds in '77 and, if we,are fortunate in getting funds from the State, we will not use Town's funds. We feel it is an organization that reaches youth of the Town. It is not a cure-all for all youths of the Town but it reaches them and solves their troubles. With the dollars involved, we have been successful in reaching them each month and, if problems, there are referrals., The complexion has changed through the years; we started out six years ago as a drug center, and drugs are still much on the scene but our number is down considerably. There are special concerns kids have! in growing up. As you know, the Town has been helping Re -Place by supplying counSelors for individual, family and group consultations, or perhaps we could say Re -Place has been helping Lexington by supplying an atmosphere in *hick the Town's counselors can reach young people who need their help. The young people do trust Re -Place as over 1800 calls in the first ten months of this year attest. At Re -Place, they find professional help for all kinds of problems, and there are many people at Re -Place who care by helping others in volunteering their time to man a hot line. We are asking for an outside figure of $15,000 in the event we do not get State funding. We intend to run events for money and, rather than come to ypu with hat in hand with no money, we would rather ask you if funding is possible. Mr. Bailey: You are asking if $15,000 would cover all around. 1 Dr. Ellicott: We are going to increase the private sector if we can. Mr. Plank; St. Brigid's gives us $1,000 and Hancock Church gives bed and board. Chairman Kenney: You are aware that we weren't contributing but we were hiring counselors by the hour. You should keep in mind that the Town was not responsible for the policy of Re -Place and, if there is any action there, you should consider if the Town goes in for $15,000 we are going to be responsible - and we don't want to be. ,Mr. Planks Should we do away with Re -Place or come up with an answer that it is still worthy? We have 200 calls a month; 200 pregnancy calls a year. We have saved a few lives in past years because of overdoses, and I am not saying 1 can't support it. It is down to a decision that you, as the Town, ought to make. 491 Re -Place 492 Selectmen's Meeting November 24, 1975 Chairman Kenney: If the Town puts in $15,000 for FY 77 and some- thing goes wrong, they come to the Town. That question has to be settled - how we would fund it and leave you people the policy to run it. Mr. Mabee: I remember that we support the counselors and Mr. McManus and it doesn't funnel through Re -Place. The first piece of the pie goes to the Director; then 1/2 of one counselor, 1/2 of the other counselor, and the telephone. We might think of it in terms of salary or hourly wage and handle as a private installation. Mrs. Battin: This is something the committee talked about and, even if we don't give more money, we ought to monitor currently. -The Massa- chusetts League of Cities and Towns has a human services group and they have been asked to take over federally funded organizations and not get into policy, but they do monitor and evaluate, and the committee could require monthly reports in terms of what's going on. Chairman Kenney to Mr. Cohen: See if it can be done. Mr. Cohen: I am doing research on it to see if it is broadening and O.K. for the Town to spend money there. Mr. Plank: Four years ago, we talked about getting together with Mystic Valley and decided that was not the way to go. I feel kids who need help should get it, and Re -Place makes them feel comfortable. Maybe we could operate under that wing. Mr. Bailey: This has been a concern of ours. The Town supports Mystic Valley and we have tried to establish just how well the two groups mesh to- gether, and it is my personal opinion that Mystic Valley did not have the place to do what Re -Place has accomplished. It would be easier for this Board to make a quick and sudden decision but I don't know about Town Meeting. Dr. Kessler: Mr. Cohen could check if we drop support of a counselor and pick up the Director's salary, could they still maintain an independent status. Mr. Goldmuntz: My salary is $9,000. Dr. Kessler: Figure a way of picking up a couple of set items, maybe by shifting what we are paying for and still leave the independence. I think it is important that they maintain independence. Chairman Kenney: That is the basic question. Mrs. Battin: I don't think you have to lose independence if you con- tract with an agency; to contract with a non-profit organization doesn't mean you operate it. Dr. Ellicott: How do the Selectmen perceive the present arrangement - is it fee for services? Couldn't the Director be included for services; enlarge the present pattern and maintain it. Is Mystic Valley under the direction of the Selectmen or the Board of Health? Are you contracting with that body for fee for services? I don't understand it. Mr. O'Connell: Neither does the Town. We are contributing along with four other towns for the defined share. This organization is now up to a payroll of $1,250,000 a year. Five towns have been contributing a certain share of operating costs, and the concern I have is that we do not have a contract arrangement, rather than a contract agreement. Selectmen's Meeting November 24, 1975 Mr. Bailey: Personally, it is the kind of a box I wouldn't want to get in again. Dr. Ellicott: Our own precedent is fee for services. Chairman Kenney: Yes, but it did not involve the Director and, to put him on the Mown payroll, we should ask Town Counsel the most appro- priate, clean method whereby it could be funded. Another thing is, we see the State backing down because of a financial crunch. This affects the Town, too; this would have to be a Town decision. I would expect there would be some support for this from the Board and then it would be up to other people to sell it. Now, we ask Town Counsel to give legal opinion. Dr. Ellicott: Our Director is trained to counsel; he has his Master's degree in Social Education. Chairman Kenney: When does the application go to the State? Mr. Plank:) In April. Chairman Kenney: How would the State react if Town Meeting voted to give $15,000? Mr. Goldmuetz: The only message I got was to seek other places for funds. Chairman Klenney: We would have to ask our Town advisory group, and the fact that we are now giving $12,000, would they want to realign the priorities? Mrs. Bettie: It would be left with Mr. McManus. Chairman Kenney: At this time, we will consider it a request for budget process,, and Mr. O'Connell will take it and Mr. Cohen will look into it Messrs Plank, Mabee, Goldmuntz and meeting. :Chairman Kenney to Mr. O'Connell: 1146 -Juvenile Services, and we will ask Mrs. Battin: They want $25,000. Dr. Ellicott retired from the For now, put in $20,000 in Account for better information. 493 Mr. Lincole P. Cole, Jr., Chairman of the Bicentennial Committee, July 4th and Mr. Raymond Barnes, Chairman of the Town Celebrations Committee, Celebration met with the Board. Mr. Cole: In the past, we suggested it would be a good idea to have a 4th of July celebration. The two committees met, endorsed the concept and chairged the Town Celebrations Committee with the task, with the Bicentennial Committee assisting. The idea is to have strictly a home- grown thing with a parade, and to keep the cost down. We wouldn't do any- thing to interfere with the Lions Club. We toyed with the idea of having a Town picnic, and to have as much citizen participation as possible. We took a ballparlq figure of $1,000 and we would have to work with the Town Manager to see the effect on Town departments. This would cover whatever we would have to do. Chairman Kenney: Have you run the idea through the Lions Club? Mr. Cole: No, but one of our members is a member of the Lions Club. Mr. Barnes: It might help them to get more people into town. 494 Selectmen's Meeting November 24, 1975 Mr. Busa: We don't need more people. Mr. Bailey: I think we could start it through with an additional $1,000. Mr. Cole: If we could get every organization in town to march, we will. Mr. O'Connell: One thing we all have to keep in mind is the price has gone up on the police, who are now at time and a half. Mr. Busa: We might havea. solution if April 19th goes well, then the dollar saving might shift to July 4th. Chairman Kenney: If the Bicentennial and Town Celebrations Com- mittees are enthusiastic to do something of a homespun nature, obviously the Selectmen will endorse it. Mr. Cole: Thank you. We will charge the Town Celebrations Committee. Energy Mr. O'Connell informed the Board that he had received a letter from Program the Director of the Energy Bureau and it is not particularly different from last year's information on (1) heating fuel supply; (2) people being without fuel; (3) lack of money. The thrust of the letter is that the community has an answer to the problem that the State doesn't, and he has yet to get an answer from the State. Last year, the Town elected not to have a committee and it is recommended that we proceed as we did last year; namely, not to have a town agency. The Board agreed but with one exception - the matter of assistance to the elderly. Mr. O'Connell is to discuss this with the Council of Aging. Chairman Kenney: Are you thinking of restricting the use of Cary Hall? Mr. O'Connell: The Board should decide on those it feels are in the public interest and decline to have those that are just hall rentals. We will operate on a low schedule of 600. 1975 Town Mr. O'Connell advised the. Board that, according to Mr. Zehner, the Report - total cost of having the color section in the 1975 Annual Town Report Color might run to $3-4,000. Chairman Kenney: Then we will exceed the budget? Mr. O'Connell: Yes. I will come back to you with a quotation. Mitchell Mr. O'Connell reported that nothing has been received in writing on the Mitchell death on a medical report or from the District Attorney. We believe we have all the pertinent information on a verbal basis but if he chooses not to file a written report, that is within his authority and the District Attorney's. Mrs. Battin: Is it customary for there to be this long a delay? The fact that we haven't heard from the District Attorney doesn't mean he doesn't have a report. Is this usual? Mr. O'Connell: No. I thought you might have more access on how long it takes to make a medical report. If he feels it is routine, it doesn't get out very fast. Selectmen's Meeting November 24, 1975 Chairman Kenney: We are awaiting a report from Mr. O'Connell on a conference with Chief Corr, Mr. Cohen and Mr. O'Connell. Mr. O'Connell distributed copies of the procedure on the prepara- tion and submission of Citizens' Articles, as furnished by the Town Meeting Members Association. Upon motion duly made and seconded, it was voted to approve the request of Town Counsel to sign the Order of Taking of easements for the MOon Hill sewer construction. Chairman Kenney read a report from the Director of Public Works/ Engineering recdmmending that the sewer betterment assessment of Five Fields, Inc. be'deferred for another three years under the previous conditions. Upon motion duly made and seconded, it was voted under the pro- visions of Chapter 159 of the Acts of 1950 to again defer payment of the sewer betterment for the Five Fields Area property, fronting on both Concord Avenue and Barberry Road in Lexington, owned by Five Fields, Inc., without interest, until said land or any part thereof if further developed, sold or until the expiration of three years from the date hereof{ whichever event occurs first; provided, however, that this extension of time shall terminate immediately if said land or any portion thereof:is further developed or sold. Chairman Kenney read a request from Mr. McSweeney for approval of an Extra Work Oder under Contract #73-2-E to Hall Pump Sales & Service Corp. for repairs made to the comminutor at the North Lexington Pumping Station. Upon motion duly made and seconded, it was voted approve the recom- mendation of the Director of Public Works/Engineering for an Extra Work Order under Contract #73-2-E to Hall Pump Sales & Service Corp. in the amount of $4,500; appropriation authorized under Article 12 of the 1973 Annual Town Meeting. Upon motion duly made and seconded, it was voted to sign Contract #76-14-E, awarded on September 15, 1975 to Rentel & Frost, Inc., Roxbury, for Ai* Conditioning of the East Lexington Branch Library in the amount of $$,600; appropriation authorized under Article .30 of the 1975 Annual Town Meeting. Chairman Kenney read a letter from the Executive Secretary of the Bedford Board of Selectmen regarding the situation at the Burlington Arcade access read. The Bedford Selectmen reaffirm their commitment to Lexington that the developer, Mr. Martin Bernard, will not be al- lowed a curb cut onto Muller Road. Since Mr. Bernard has taken the case to court ih order to gain access, Lexington Town Counsel is in- vited to work in conjunction with Bedford Town Counsel and represent the interests of the two communities. tt tY TMMA Citizens' Articles Moon Hill Sewer Betterment Deferment - Five Fields, Inc. Contract 73-2-E - Extra Work Order Contract 76-14-E - E.Lex. Li- brary Air Conditioning Burlington Arcade 496 P.O. Park- ing Meters Resignation 1976 Common Victualler Licenses Pkg. Goods Innholder- Liquor Entertain- ment MAPC Rep. Selectmen's Meeting November 24, 1975 Chairman Kenney: Is there some way it could be a matter of record that the Town of Lexington objects and opposes? Mr. Bailey: We should let Mr. Cohen explore the matter. The Board agreed to write to the Bedford Board of Selectmen inform- ing them that because the Town of Burlington was the defendant in the Martin Bernard suit, the Town of Lexington would not be an official part of the case. However, our Town Counsel could study the pleadings and make suggestions to the Bedford Town Counsel if he so desired. Mr. O'Connell and the Board discussed parking for Post Office patrons and agreed to have 15 -minute parking meters. Upon motion duly made and seconded, it was voted to install 15 - minute parking meters in front of the Post Office. Mr. McSweeney was instructed to make arrangements for the installation of the meters. Chairman Kenney read a McGonagle. Upon motion duly made regret, the resignation of Personnel Advisory Board. Upon motion duly made Common Victualler licenses letter of resignation from Mr. William and seconded, it was voted to accept, with Mr. William McGonagle as a member of the and seconded, it was voted to sign (renewals) for the following: Baskin Robbins Store #1723; Howard Johnson's; The Dunfey Corp. d.b.a. Sheraton Lexington Motor Inn. Upon motion duly made and seconded, it was voted to sign licenses (renewals) for the following: Mr. Busa abstained. Package Goods Stores: Vinebrook Corporation; Busa Bros. Inc.; Joseph Trani, Incorporated. the 1976 Family the 1976 Liquors, Innholder-Liquor: The Dunfey Family Corp. d.b.a. Sheraton Lexington Motor Inn. Entertainment: The Dunfey Family Corp. d.b.a. Sheraton Lexington Motor Inn. Chairman Kenney read a recommendation from the Planning Board that Mr. Albert Zabin be appointed as Lexington's representative on MAPC to replace Mrs. Lois W. Brown. Upon motion duly made and seconded, it was voted to accept, with regret, the resignation of Mrs. Lois W. Brown as Lexington's repre- sentative on the Metropolitan Area Planning Council. Upon motion duly made and seconded, it was voted to appoint Mr. Albert P. Zabin (Planning Board member) as Lexington's representative on the Metropolitan Area Planning Council for a term of office expir- ing December 16, 1976. 1 1 1 1 497 Selectmen's Meeting November 24, 1975 Chairman Kenney read a recommendation from Mr. McSweeney for sewer Colangelo - and water betterment assessments on the proposed development of two Sewer & lots on Hartwell Avenue, which is in conjunction with the request of Water 115 Kendall Corporation (Mr. Colangelo for sewer and water extensions to service these properties. Upon motions duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering for sewer and water betterments on two lots on Hartwell Avenue owned by 115 Kendall Corporation Chairman Kenney announced that the first order of business at the Kenney next meeting will be for the Board to accept his resignation as Chair- Resignation man. "I thought it to be in the best interests of the Town and would allow the new Chairman a longer period to strengthen his hand before going into TownlMeeting. It is not a new decision on my part, as there was a precedent when Mr. Cole stepped down and Mr. Cataldo became Chair- man. It is with reluctance that I decline to be a candidate for re election. It was a wonderful experience and I would like to thank the officials and professional people of the Town, who are of a very high calibre. I am looking forward to a new way of life." Mr. Baileyl: Anybody who takes over from you will be taking over a position where everything is in "apple pie" order. I have served under you for 3-1/2 years and it has-been a fantastic pleasure. You're a winner all the way, and you were a credit to the Town during the Bicen- tennial. I am proud to be a member of your Board. Upon motion duly made and seconded, it was voted to go into Executive Executive Session for the' purpose of discussing, deliberating or voting on matters Session which, if made public, might adversely affect the public security, the financial interestssof the Town, or the reputation of a person. After discission of matters concerning personnel and the financial interests of thle Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10:15 p.m. A true reCOrd, Attest: ecutive Clerk, Selectmen 498 Kenney Resignation Treasurer J/O Poles - Rolfe Rd. Fessenden Way SELECTMEN'S MEETING December 1, 1975 A regular meeting of the Board of Selectmen was men's Meeting Room, Town Office Building, On Monday, at 7:30 p.m. Chairman Bailey, Messrs, Kenney, Busa, Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town McSweeney, Director of Public Works/Engineering; Mrs tive Clerk, were present. held in the Select - December 1, 1975, Kassler, and Mrs. Counsel; Mr. . McCurdy, Execu- Chairman Kenney requested the Board to accept his resignation as Chairman. Upon motion duly made and seconded, it was voted to accept the resignation of Allan F. Kenney as Chairman of the Board of Selectmen. The Executive Clerk declared that nominations were in order for the elction of a new Chairman. Mr. Fred C. Bailey was nominated and the nomination seconded. There were no other nominations. .Upon motion duly made and seconded, nominations were closed. Upon motion duly made and seconded, Mr. Fred C. Bailey was unani- mously elected Chairman of the Board of Selectmen for the remainder of the ensuing year. Chairman Bailey: Anyone who has ever sat on this side of the table is acutely conscious of the honor that goes with being Chairman of the Board. I think I see my job, as long as I am Chairman, that the Board thinks as five but acts as one. It has been tremendous serving under Allan, and I hope I can leave things in as great shape. Mr. Louis A. Zehner, Town Treasurer, met with the Board to request approval of an addition to an old resolution designating the Shawmut County Bank as the depository of the Town and authorizing the Treas- urer and Assistant Treasurer to sign checks for notes approved by the Board. Commercial banks may now accept savings accounts for munici- palities and he would like to add, "and savings accounts" to the resolution. Upon motion duly made and seconded, it was voted to approve the resolution establishing savings accounts, in addition to checking accounts, at the Shawmut County Bank. Chairman Bailey opened the hearing on the petition of the New Eng- land Telephone Company and the Boston Edison Company to install two new poles and one guy wire and anchor on Rolfe Road and Fessenden Way. Abutters had been notified of the hearing and notice was filed with the Public Works Department. Chairman Bailey read a recommendation from the Director of Public Works that permission be granted for the two poles, guy wire and anchor. Mr. Pinault, representing the Telephone Company, and Mr. Kelley, representing the Boston Edison Company, were present. 1 1 1 499 Selectmen's Meeting December 1, 1975 Mr. Pinault: This petition is for the installation of two new poles 395/5 and 395/6 -with guy wire and anchor to service two new homes at the end of Rolfe Road. No one el$e appearing in favor or in opposition, Chairman Bailey declared the hearing closed. Upon motion duly made and seconded, it was voted to grant permis- sion to the Nevi England Telephone Company and the Boston Edison Company for the following location: Rolfe Road: On the northerly side, approximately 223+ feet west of Fessenden Way, two poles and one anchor and guy wire. On behalflof the Board, Chairman Bailey presented Mr. Raymond B. Photography Barnes, Chairman of the Town Celebrations Committee, with an engraved Contest - pewter plate, which was awarded by the Massachusetts Selectmen's Asso- Barnes ciation for 1st prize in the candid's category of the Municipal Photog- raphy Contest. Mr. Bailey: Ray Barnes has been winning many prizes for taking pictures for the Town. In last year's contest,open to all cities and towns, he took two first and one second prize; this year, he won another first prize with the candid shot of Rev. Handley. It gives me a great deal of pleasure to present this pewter plate to him. Mr. Barnes expressed his thanks and retired from the meeting. Mr. O'Connell introduced Lieutenant Edward Gilman, who was re- Fire Dept. cently promoted from a Private in the Fire Department. Chairman Promotion Bailey pinned Lt. Gilman's badge on his uniform and the Board con- gratulated him and wished him success in his new position. Mr. O'Conil:ell: As of this evening, I am releasing the list by the Selection Review Board. Of the 19 Privates who took the exam- ination, 9 are qualified to be Lieutenants: Edward Gilman, who has been appointed, John Quinlan, Arthur Washburn, Kenneth Kelley, Jr., Richard Sullivan, Theodore Setterlund, Richard Rycroft, Robert F. Walton, and John Flaherty. The list will remain active until Dec- ember 1, 1978 and is then subject to review for being further extended for three year$. An appointee must pass a physical examination. The Selection Review Board was highly pleased at the quality of the entire field and, especially, by the calibre of the men we have been hiring in the Fire Department. Mr. O'Connell requested approval of the Board of the appointment Conservation of Mrs. Shirley Stolz as a member of the Conservation Commission, ef- Appointment fective December 22, 1975, to fill the vacancy caused by the resigna- tion of Gary Larson. Upon motion duly made and seconded, it was voted to approve the recommendation'of the Town Manager to appoint Mrs. Shirley Stolz as a member of the Conservation Commission, effective December 22, 1975. 5,U 0 Selectmen's Meeting December 1, 1975 Mr. O'Connell: We hope to have the continuing assistance of Mr. Larson and two or three other qualified professionals to serve in the capacity of advisers to the Conservation Commission on wetlands, to be done on a project basis. Therefore, the time demand will be only a fraction of what it would be as a full time member. Perm.Bldg. Mr. O'Connell also requested approval of the appointment of Mrs. Appointments Mary Louise Touart and Mr. Herbert Grossimon as members of the Perma- nent Building Committee. Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager to appoint Mrs. Mary Louise Touart and Mr. Herbert Grossimon as members of the Permanent Building Com- mittee, effective immediately. Mrs. Touart's term of office expires on April 1, 1978. Mr. Herbert Grossimon's appointment is to fill the unexpired term of Otis Brown to April 1, 1977. Mr. O'Connell: I am hoping that Mr. DiNapoli, who has done a great job, will be willing to serve the committee on a structural design capacity. 1975 Town Mr. O'Connell updated the Board relative to anticipated funding Report Costs assistance from Bicentennial Services for the 1975 Annual Town Report. The proposed plan is for the report to be, in effect, a Bicentennial edition and serve as the Town's main report on the history of what went on. There would be eight color pages of the Bicentennial, plus the cover done in living color. Of the $12,000 appropriated, we have encumbered $1,100 for minor expenses and professional services. The estimated cost, of regular quality and the allowance of 3% overrun, is approximately $1,100. Other costs are associated with the color edition: $284 -credits; $500 -design and layout costs associated with the color section; $4,500-4 color, 8 page Bicentennial section; gross cost of $14,400 with a modest contingency of $600 - total of $15,000. We have $10,000 available, and a deficiency request up to $4,100. We hope that this could be handled as an item of the Bicentennial program costs, and not be a new item. Mr. Buss: The Bicentennial Corporation might look favorably on covering some of these expenses. We meet tomorrow and I will be•back to you next Monday. The Board agreed to await a report from Mr. Busa. Sewer & Water Mr. O'Connell informed the bids had been received on Contract Contract 76-4-E for sanitary sewer and water main construction. He recom- 76-4-E mended, with the concurrence of Mr. McSweeney, that the contract be awarded to the lowest bidder, United Construction Company of Somer- ville in the amount of $64,470.13. Included in the project are Hartwell Avenue and existing easements through Pleasant Street to Moon Hill Road. Upon motion duly made and seconded, it was voted to award Contract 76-4-E to United Construction Company, Somerville, for sanitary sewer and water main construction, in the amount of $64,470.13. Authorization .501 Selectmen's Meeting December 1, 1975 is under the appropriation for Article 18-1975 Water Mains; Article 20-1975 Lateral Sewers; Article 22-1975 Trunk Sewers. Mr. O'Connell discussed the snowplowing and hauling rates for Snowplowing & 1975-1976 winter season and recommended, with the concurrence of Mr. Hauling Rates McSweeney, that the rates be approved. These rates are still far 1975-1976 below those being given by the Commonwealth of Massachusetts, public authority and private industry. Upon motion duly made and seconded, it was voted to approve the rates for hired equipment for snowplowing and hauling during the 1975-1976 winter season, as follows: DPW RATES FOR HIRED EQUIPMENT - WINTER SEASON - 1975-1976 PLOWING HAULING G.V.W. EXISTING RATE PROPOSED RATE EXISTING RATE PROPOSED RATE 4,000 - 10,000 $12.00 $13.25 G.V.W. 10,001 - 16,000 15.00 16.50 $10.50 $11.50 16,001 - 23,000 17.00 18.75 10.50 11.50 23,001 - 34,000 19.00 21.00 10.50 11.50 34,001 - 46,000 21.00 23.25 12.00 13.00 46,001 - 60,000 24.00 26.50 17.00 18.00 Trailers 22.00 24.25 Loaders--Tirec.Mounted - 1-3/4 yds. to 2 yds. 25.00 2-1/2 yds. and over 40.00 27.50 44.00 On Plowing Only The following rates may be added if they apply: Owner furnishes own plow - existing rate @ $3.00 - Proposed Rate $3.50 Owner furnishes own helper existing rate @ $2.50 - Proposed Rate $2.75 Mr. O'Connell informed the Board that he had discussed the holiday Holiday schedule with the School Department and recommends that Town Offices be Schedule closed all day on Friday, December 26, 1975. This would include all employees, except the Police and Fire Departments. It was agreed that DPW employees could have the option of December 26 or January 2 because of uncertain weather conditions. Upon motion duly made and seconded, it was voted to operate Town Offices on December 24, December 31 and January 2, 1976; to close Town Offices and Public Works Building on Friday, December 26, 1975. Mr. Cohen left the meeting at 8:15 and returned at 8:35 p.m. Mr. O'Connell reported to the Board that a tentative and proposed Min.Man.Regi budget of the Minuteman Regional School District has been received. School FY 77 They are requesting $3,769,000 for FY 77 operating budget, representing Budget Selectmen's Meeting December 1, 1975 an increase of 48% over FY 76 (which was increased 67% over FY 75). It is rather alarming that, in two years, it has multiplied 2-1/2 times. The FY 75 tax burden was slightly over $1.50; FY 76, $2.10; FY 77, $2.80 to $3.00. Virtually, no details are available and there is no reference to a Capital budget. Chairman Bailey: Are you making any headway in getting supporting material? Mr. O'Connell: I was told that the information the Board got last week was out of date, and new information is being transmitted to the Regional Finance Committee. They are relying on the advisory group. There is no material justifying the increase and, also, there is a dif- ficult timetable problem. The Board may wish to take action as a public hearing on the budget is scheduled for December 16, The budget far ex- ceeds the budget forecast! The Board agreed to invite Mr. Donald White, Appropriation Committee School representative, and Gen. Zeoli, Lexington's representative on the Minuteman Regional School District, to attend the meeting next Monday to discuss the budget. CATV Chairman Bailey read a letter of resignation from Mr. Ira Stephanian. Resignation Upon motion duly made and seconded, it was voted to accept, with re- gret, the resignation of Mr. Ira Stephanian as a member of the Advisory Committee on Cable Television. Traffic - Chairman Bailey read a report from the Traffic Safety Committee in Bedford St./ response to a request from Ms. Janet Hogan, 15 Dee Road, for a traffic No. Hancock monitor at North Hancock Street to assist children crossing for the Parker School. The report states that a check of the sidewalks on both sides of Bedford Street between North Hancock Street and Simonds Road revealed that they were in good condition. This being the case, the committee can see no reason why children coming from the East must cross Bedford Street before they reach the crossing guard at Simonds Road. Aside from limiting their freedom of choice as to where to cross Bedford Street, we find no drawbacks in the children walking on the east side of Bedford Street to Simonds Road. Further, as the School Department conducts programs of traffic safety in the schools, we recommend that Ms. Hogan's comments be referred to them. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Committee regarding the inter- section of North Hancock Street and Bedford Street. It was agreed to refer the matter to the School Department for consideration during a study of traffic safety locations. Cary Hall Chairman Bailey read a request from Mr. Robert E. Ward, 6 White Concert Plain Lane, for the use of Cary Memorial Hall for a benefit jazz con- cert on Saturday, April 3, 1976. Upon motion duly made and seconded, it was voted to grant permis- sion for the use of Cary Memorial Hall for a benefit jazz concert on 1 1 Selectmen's Meeting December 1, 1975 Saturday, April 3, 1976, with the clear understanding that the Lexington Friends Community Residence is to pay custodial, policeman and fire- man fees, plus $35.00 for the use of Cary Hall. Chairman Bailey read a letter from Mr. Alan S. Menne, 6 White Pine Fraenkel Lane, requesting a hearing on a "vicious and noisy" dog owned by Mr. Dog Hearing and Mrs. William Fraenkel. Upon motion duly made and seconded, it was voted to conduct a dog hearing on Wednesday, December 10, 1975, at 9:00 a.m. on the receipt of a formal complaint against the dog owned by Mr. and Mrs. Fraenkel. Mr. Cohen returned to the meeting at 8:35 p.m. The Board discussed the bill signed by the Governor on November 24 Town Election enabling Towns to change the Town Election date without calling a special Presidential Town Meeting. It was agreed not to change Lexington's date of March 1, Primary 1976. However, consideration was given to the additional workload in the Town Clerk's office for two consecutive voting days - March 2 Presi- dential Primary - and Mr. O'Connell assured the Board that he would make arrangements for assistance in procuring additional voting machines and associated problems which might arise. Upon motion duly made and seconded, it was voted not to change the date of March 1, 1976 for the Annual Town Election. Mrs. Battin voted in the negative. The Board agreed to make the appointments to the Personnel Advisory P.A.B. Appts. Board at the meeting on next Monday. upon motion duly made and seconded, it was voted to sign the Order Colangelo of Construction of Sewer on Hartwell Avenue, from Westview Street to Sewer & Water Hinchey Road, a distance of 830 feet, more or less. Construction Upon motion duly made and seconded, it was voted to sign the Order of Construction of Water Main on Hartwell Avenue, from Westview Street, a distance of 830 feet, more or less. Mr. Buse left the meeting at 9:52 p.m. Chairman Bailey informed the Board that applications have been re- 1976 Liquor - ceived for renewal of liquor licenses for Busa Bros. Liquors, Inc. and Package Stores Vinebrook Corp. Licenses Upon motion duly made and seconded, it was voted to sign the 1976 Package Stores licenses for Busa Bros. Liquors, Inc. and Vinebrook Corp., and to request approval of Alcoholic Beverages Control Commission. Chairman Bailey informed the Board that a request has been received Yeomans from Mr. Frank Yeomans, 956 Massachusetts Avenue, for an extension of Dog two weeks on the order of the Selectmen to remove his dog from Lexington. The Board agreed to grant an extension of time to Mr. Yeomans, with the understanding.:that the dog must be removed from Lexington on or be- fore December 19, 1975. 504 Acting Chairman Algonquin Gas Co. Release of Bond Paint Striper - State Approval Executive Session Selectmen's Feting December 1, 1975 Upon motion duly made and seconded, it was voted to appoint Select- man Allan F. Kenney as Acting Chairman of the Board on December 8 and December 9, 1975 due to the absence of Chairman Bailey. Chairman Bailey read a request from Attorney T. E. Leen, on behalf of the Algonquin Gas Transmission Company and the Travelers Indemnity Company for release and discharge of all liability under indemnity bond #116871 in the amount of $15,000 for eminent domain taking of easements over 11 parcels of land in Lexington in April, 1966. Mr. Norman P. Cohen, Town Counsel, recommended that the Board sign the release. Upon motion duly made and seconded, it was voted to sign the re- lease in connection with the cancellation of the bond with the Travelers Indemnity Company for eminent domain takings in April, 1966 by Algonquin Gas Transmission Company of easements over land in Lexington. Chairman Bailey informed the Board that a letter has been received from Mr. Francis X. Colleton, Director of the Governor's Highway Safety Bureau, authorizing the expenditure up to $5,000 for a paint striper, subject to 100 percent reimbursement in accordance with our application. Upon motion duly made and seconded, it was voted to .go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town, or the reputa- tion of a person. After discussion of matters of possible litigation, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9:12 p.m. A true record, Attest: xecutive Clerk, Selectmen 1 SELECTMEN' S MEETING December 8, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, December 8, 1975, at 7:30 p.m. Acting Chairman Kenney, Mr. Busa, Dr. Kassler and Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/ Engineering; Mrs. McCurdy, Executive Clerk, were present. Mr. Richard Zeoli, Lexington's representative on the Minute Man Regional Vocational Technical School Committee, met with the Board. Acting Chairman Kenney expressed the Board's concern regarding the pro- posed increase in the school budget and stressed the lack of sufficient in- formation in the proposal. Mr. Zeoli explained that this was a preliminary budget but agreed that additional justification should be submitted. Mr. O'Connell advised the Board that not only is there an absolute mini- mum of details but there is nothing in the budget showing the per pupil costs or management criteria. The Committee had restructured the current budget of $2,496.000 and had placed $207,150 in a reserve fund; in finalizing for FY 77, $207,150 should be applied as E & D funds against the gross expenditure total before determining the net to be assessed to participating towns. The Town of Lexington would like to know what our assessment will be. Mr. Zeoli agreed to go back to the Committee and request that additional detailed information be submitted to the Board of Selectmen. Mr. Zeoli retired from the meeting. Mr. O'Connell informed the Board that a request has been received from Massachusetts Fair Share for a door-to-door solicitation for funds. If approval is granted, he recommended that permission be given subject to conditions. Upon motion duly made and seconded, it was voted to inform Massachusetts Fair Share that the Board had no objection to a door-to-door canvass being conducted throughout the Town seeking support from residents and/or volun- tary contributions, subject to the conditions that solicitors are not under 18 years of age and the material to be distributed clearly shows the name of the organization and the purpose for which contributions are requested; hours are to be from 3:00 P.M. to 8:00 P.M. Mr. O'Connell recommended that the Board reply to a letter received from Mrs. Hoskens, 187 Grant Street, questioning the expenses incurred by the Town during President Ford's visit on April 19, 1975 and, also, why he was invited as he was not elected by the people. The Board agreed to write to Mrs. Hoskens and include Mr. O'Connell's recommendations that (1) Security costs for President Ford's visit were provided by the federal government, assisted by the State. No costs were incurred by the Town of Lexington. (2) Our organization provided plans for traffic, etc., and all were in the planned budget and established 505 Min. Man Regional School Budget Mass.Fair Share -Town Canvass April 19 - President Ford's Visit 506 Police/ Doctors - Emergency List Ambulance Bill Selectmen's Meeting December 8, 1975 before any decision was made by President Ford to visit Lexington. Addi- tional efforts in preparing for the visit, and gifts, were volunteered and given by citizens. (3) The Town is not in a position, nor is it'.required to make expense analyses. Mrs. Hoskens may examine the records of Article 34 of the 1974 Annual Town Meeting, which are available under the law in the Comptroller's office. If she desires copies, they would be made available at $1.00 per page. Mr. O'Connell added that we report to Town Meeting and he saw no reason to report to Mrs. Hoskens. There were no security costs and, as far as Mr. Ford becoming the President, he was elected in accordance with the law. He was President at the time of the Bicentennial and saw fit to honor the occa- sion in Lexington on April 19. Also, he was enthusiastically welcomed by the public. Mr. O'Connell read a memo from Chief Corr in response to a letter from Dr. Ellicott of the Drug Advisory Committee recommending that physicians be on call if needed by the Police Department. Chief Corr confirmed his agree- ment to call a Doctor if there is an indicated need or any questionable symptoms, and his force will continue to be sensitive to a prisoner's medi- cal needs. Chief Corr also agreed with Dr. Ellicott's suggestion that Doctors on the Emergency Call Schedule, submitted by the Doctors' Association to the Police each month, be re -polled to determine whether they will, in fact, answer emergency calls. Acting Chairman Kenney: Has there been any experience of a Doctor being unable to respond? Mr. O'Connell: Yes, but he will ask questions and give advice over the telephone. Mrs. Battin: Has Chief pool of "on call" Doctors or Corr brought up the concept of having Psychiatrists? This was discussed at with a representative of the Drug Advisory Committee, the Doctors' and Chief Corr. Mr. O'Connell: No. Mrs. Battin: I don't know whether he liked it. It would be done with Mystic Valley Mental Health, and we can explore it with them. Dr. Kessler: I have explored it with MVMH and the problem is with avail- ability - the hours of 9 to 5 are not enough. I have no suggestions but to ex- plore the possibility; if some Doctors agree to be available to the Police Department, it must be on a 24-hour basis. This is something for the Board to think about. Mrs. Battin: Let's explore it further. There are people on MVMH staff and some Doctors who live in Lexington. The Board agreed. a rotating a meeting Association Acting Chairman Kenney informed the Board that Mrs. Doris Barclay, Tax Collector,has received payment of $10.00 for a 1972 ambulance which had been abated as non -collectible. Upon motion duly made and seconded, it was voted to rescind the vote of June 26, 1972 for an abatement of an ambulance bill of Ms. Ellen Duffy. 1 1 1 507 Selectmen's Meeting December 8, 1975 Acting Chairman Kenney requested the Board to approve renewal of Club 1976 and Restaurant liquor licenses for 1976. Liquor Upon motion duly made and seconded, it was voted, with Mr. Buse ab- Licenses staining, to approve the following 1976 liquor licenses: CLUB license for Lexington Golf Club with hours of 11:30 A.M. to 6:00 P.M. -Monday through Thursday; 11:30 A.M. to 12:00 Midnight -Friday and Saturday; 1:00 P.M. to 10:00 P.M. -Sunday. RESTAURANT liquor licenses for Bora Bora, Inc. with hours of 11:30 A.M. Restaurant to 11:00 P.M. seven days a week; LeBellecour, Inc. with hours of 11:00 A.M. Liquor to 11:00 P.M. on Monday through Saturday and 12:00 Noon to 11:00 P.M. on Licenses Sunday. Attorney Frederick Conroy, representing W.H.H. Company, Inc. d/b/as Battle Battle Green Inn, and Mr. Walter Hanafin, Manager, met with the Board to Green request an extension of closing time from 11:00 P.M. to 12:00 Midnight every night. Mr. Hanafin explained that the request is to take care of private groups using the dining room for functions, and they would appreciate the extra time. He pointed out that precedent had been established by the Board grant- ing approval to the Sheraton Lexington Motor Inn. Acting Chairman Kenney said that a check with the Police Department and the Board of Health had revealed that they had no objection. Mr. Buse commented that he had no objection as long as the Manager under- stood that liquor is to be served only as long as the restaurant remains open. Mr. Hanafin said that he was aware of that. Upon motion duly made and seconded, with Mr. Buse abstaining, it was voted to grant an extension of hours under the Innholder liquor license issued to W.H.H. Company, Inc. d/b/as Battle Green Inn from 11:00 P.M. to 12:00 Midnight, seven days a week. The hours of operation are: Monday through Saturday, 11:00 A.M. to 12:00 Midnight; Sunday, 1:00 P.M. to 12:00 Midnight. Acting Chairman Kenney read a request from the Elks Lodge for an ex- Elks tension of closing time from 11:00 P.M. to 12:00 Midnight on Monday through Club Friday; also, an extension to 1:00 A.M. instead of 12:00 Midnight on Sat- urday. Dr. Kessler: Have we received any complaints regarding parties? Mr. Kenney: Not to my knowledge, but I would hesitate to grant 1:00 A.M. except on New Year's Eve or special requests because of functions they have booked. Upon motion duly made and seconded, it was voted, with Mr. Buse abstaining, to grant an extension of hours under the Club liquor license issued to the Lexington Lodge No. 2204 Order of Elks from 11:00 P.M. to 12:00 Midnight on Monday through Friday, but to deny the request for an extension on Saturday to 1:00 A.M. However, a letter to the Elks Club is to explain that considera- tion will be given if a request is received for a special occasion. The hours of operation are: Monday through Saturday, 5:00 P.M. to 12:00 Midnight; Sun- day, 1:00 P.M. to 11:00 P.M. 508 .1976 Common Victualler 'Licenses 1976 Licenses - Class I Selectmen's Meeting December 8, 1975 Upon motion duly made and seconded, it was voted to sign the following renewals for 1976 Common Victualler licenses: Bora Bora, Inc.; LeBellecour, Inc.; W.H.H. Company, Inc. d/b/as Battle Green Inn. Acting Chairman Kenney informed the Board that applications have been received for renewal of licenses for 1976. Upon motion duly made and seconded, it was voted to sign 1976 licenses for the following: Class I Colonial Garage, Inc. d/b/a Hurlbert Buick -Opel Auto Engineering, Inc. Lawless Mawhinney Motors, Inc. Rowe Chevrolet, Inc., 33 Bedford Street Bowe Chevrolet, Inc., 409 Mass. Avenue Class 3 Class 3 John P. Carroll Co., Inc. Pers.Advis. The Board discussed nominees, submitted by the Appropriation Committee, Bd. Appt. for appointment to fill the vacancy existing on the Personnel Advisory Board because of the resignation of Mr. Paul Sidman. Upon motion duly made and seconded, it was voted to appoint Ms. Joanne G. Small, 33 Wachusett Drive, a member of the Personnel Advisory Board for a term of office expiring March 31, 1977. Resignation Acting Chairman Kenney read a letter of resignation from Edward J. Registrar Belliveau as the Republican member of the Board of Registrars, effective January 1, 1976. Upon motion duly made and seconded, it was voted to accept, with regret, the resignation of Edward J. Belliveau as a member of the Board of Registrars. Dog Hearing The Board agreed to schedule a dog hearing on Wednesday, December 17, at Manna/ 8:30 A.M. to hear the complaint of Mr. and Mrs. Alan S. Manne, 6 White Pine Fraenkel Lane, against the dog awned by Mr. and Mrs. William Fraenkel, 9 Mason St. Bike Path - Bussgang Tax Title Acting Chairman Kenney read a petition from Mr. and Mrs. Julian Bussgang, 43 Peacock Farm Road, for a bicycle/foot path on Watertown and Pleasant Streets. Upon motion duly made and seconded, it was voted to refer Mr. Bussgang's petition to the Recreation Committee and the Director of Public Works/Engin- eering for a recommendation on the possibility of a bicycle/foot path on Watertown and Pleasant Streets. The Board agreed to request the School Committee, Planing Board, Con- servation Commission, and the Housing Authority to write a letter if they are interested in any of the tax title foreclosures which are to be sold in January. Drainage Mr. Jerry Martin, Assistant Town Engineer, explained the comprehensive Study drainage study to the Appropriation Committee and Mr. George Silverman, 09 Selectmen's Meeting December 8, 1975 Chairman of the Capital Expenditures Committee. Mr. Martin: Essentially, it is the same as last year regarding the recommendations for improvements. In answer to last year's question, some of this work can be done "in-house." If we divide it into seven areas, we can divide it over a 7 -year period. The Planning Board and Conservation Commission could meet with Engineering to establish priorities on wetlands. It would be $25,000 a year over 7 years to do a complete study. Mr. Furash, Chairman of Appropriation Committee: What are the uses to which the study is to be put? Mr. Martin: It will be immensely helpful to Conservation and Engi- neering, especially for the Hatch Act; it really comes down to drainage for developers. Dr. Kessler: This is in the best interests of the Town for long- range planning. Mr. Martin: We would need a survey party for almost a year just to locate the sizes of drainage and outlets, and we have people on the pay- roll who qualify. Next, we estimate storm water and physical evaluation of the structural condition of the system - and we have people to do that. Then, prepare a reproducible set of plans containing pertinent information, drafting, then evaluation of potential flooding - and how to handle it. We have people who qualify to handle these. The only area for outside assis- tance is in flood plains. Mr. Furash: Aside from the merits of the proposal, we ought to have the merits of the pace and scope of the organization and what is behind the recommendation you make. That would get it down to the questions of our committee. Mr. Silverman: I am sure the Engineering Department can advise us of what the problems are. $175,000 is an expensive program. Mr. McSweeney: This is for capital improvement and we would be able to justify, and we should have an update of our comprehensive plan and we have scattered sites' drainage. Dr. Kessler: I am in favor of it. Mr. Kenney concurred. The program has merit. The question is how much do we "in-house?" You will be given detailed sheets later. Mr. Martin: On the Inflow -Infiltration Study, it is the same as last Inflow - year. We have been notified that the Town is eligible for federal grant of Infiltration $80,000. Study Mr. Silverman: These studies translate into large capital programs. Mr. McSweeney: We will give you the scope of the work. Upon motion duly made and seconded, it was voted to adjourn at 10:15 P.M. A true record, Attest: Executive Clerk, Selectmen 510 Jurors SELECTMEN'S MEETING December 15, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, September 15, 1975, at 7:30 p.m. Chairman Bailey, Messrs. Kenney, Busa, Kessler, and Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mrs. McCurdy, Execu- tive Clerk, were present. At the request of the Town Joseph P. Reardon Joan L. Turnquist Florence F. Polhamus Chi Chong Wang Robert W. Caterino Scott Winchester Clerk, the following jurors were 8 Captain Parker Arms 405 Concord Avenue 81 Blossomcrest Road 7 Young Street 12 Cliffe Avenue 29 Sherman Street drawn: Transfer - Mr. O'Connell recommended that the Board approve a request for a trans - 1968 Art. 5 fer of $1,804.24 to cover the award of damages and expert witness fee in a judgment against the County of Middlesex and Thomas B. Brennan, Treasurer, and Kenneth S. Thompson and Mary A. Thompson of Lexington. Mr. Cohen: I requested this action as the money in Article 5 of the June, 1968 Warrant was returned too soon to E & D. This suit was brought because of the Chapter 90 Construction of Lowell Street. Upon motion duly made and seconded, it was voted to request approval of the Appropriation Committee for a transfer to Article 5 of the June, 1968 Special Town Meeting in the amount of $1,804.24. Transfer - Mr. O'Connell recommended that the Board approve a request for a trans - Account 2925 fer of $450.00 to replace two typewriters, stolen from the Cary Library, Office and to replace one 14 -year old typewriter in the Personnel Office. Machines Insurance did not cover replacement cost of the Library typewriters and there is also a shortage of available funds for them. One-half the funds necessary to replace the Personnel Office typewriter will be paid by the Town and one-half by a federal grant. -By using the balance in the account, we still need $450.00. Upon motion duly made and seconded, it was voted to request approval of the Appropriation Committee for a transfer from the Reserve Fund to Account 2925 -Office Machines -Capital Outlay in the amount of $450.00. Pinard Chairman Bailey read a request from the Conservation Commission for Land - the Board of Selectmen to vote to acquire the 11.22 acre parcel of land Webb St. owned by William J. and Helen I. Pinard, known as Lot 14B on Assessors' Map 54 and shown on a plan entitled "Plan of Webb Street, Lexington, Mass." dated June 3, 1968. The agreed purchase price for this ,11.22 acre parcel is $57,000. Upon motion duly made and seconded, it was voted to acquire the 11.22 parcel of land owned by William J. and Helen I. Pinard, known as Lot 14B 1 1 1 1 1 1 511_ Selectmen's Meeting December 15, 1975 on Assessors' Map 54, as approved under Article 46 of the 1975 Annual Town Meeting. Mr. Cohen, Town Counsel, requested the Board to sign the Order of Pinard Taking of the Pinard land. Order of Upon motion duly made and seconded, it was voted to sign the Order Taking of Taking of a parcel of land, with an award of damages made to Helen I. Pinard in the sum of $57,000, shown as an unnumbered lot on Land Court Plan 35798A which plan is filed with Certificate of Title No. 135340 of the Middlesex South Registry District of the Land Court, and which parcel is covered by Certificate of Title No. 135340 in Registration Book 806 at Page 190. Mr. Zehner, Town Treasurer, met with the Board to request approval Treasurer of borrowing $60,000 in anticipation of bonding. Mr. Cohen has completed Pinard negotiations on the Pinard land and bids were requested for acquiring it. Land He recommended that it be awarded to the lowest bidder, Shawmut County Bank. Upon motion duly made and seconded, it was voted to approve the rec- commendation of the Town Treasurer to borrow $60,000 from the Shawmut County Bank at 4.45 percent, notes to be dated December 31, 1975 and maturing on June 18, 1976. Mr. Zehner informed the Board that he would submit his recommenda- Town Report tion at a later meeting on the award of bids received on December 12 for Bids printing the 1975 Annual Town Report. Mrs. Gladys Dratch and members of the Bowman School Association met Bowman with the Board to discuss traffic conditions in the area of the Bowman School School. Traffic After discussion, it was voted to approve the following recommenda- tions submitted by the Traffic Safety Committee: 1. Crosswalks are to be painted at locations determined by the Engineering Department. 2. The Director of Public Works/Engineering is to make arrange- ments for the installation of three "School" signs; two on Philip Road and one on Worthen Road. 3. The School Committee is to be informed of this action and to request that the School Committee consider the installation of a sign at each end of the school driveway notifying motor- ists that it is a driveway and, therefore, closed to traffic; to suggest that the P.T.A. ask the assistance of parents driv- ing children to and from the school and, also, to contact the bus company to alert the drivers regarding the traffic situation. The Board also agreed that to suggest to the School Committee that representatives contact the Traffic Safety Committee to arrange a joint meeting to discuss possible solutions to the traffic problems in the Bowman School area. 512 Alden Webster Electrical Service Selectmen's Meeting December 15, 1975 Chairman Bailey read a request from Mr. Alden L. Webster, 113 North Street, for permission to allow an underground electrical service to be connected to his home through the access easement previously granted to him under Article 39 of the 1975 Annual Town Meeting. A report from the Director of Public Works/Engineering recommended that an alternate route be taken by paralleling the sideline of North street within the public way until it meets the property, and then cross the property to the house. Upon motion duly made and seconded, it was voted to accept the recommendation submitted by the Director of Public Works/Engineering con- cerning underground electrical service to 113 North Street. Mr. Webster is to be notified to contact Mr. McSweeney to discuss the matter. Traffic - Chairman Bailey read a letter from Mrs. Norman Dahl, Fern Street, re - Mass. Ave. garding dangerous traffic conditions on Mass. Avenue in East Lexington, Taft/Charles and requesting a pedestrian crossing light at Taft Avenue or Charles Street. A report from the Traffic Safety Committee stated that warrants could not be met in this area but recommended that crosswalks be painted at loca- tions to be determined by the Engineering Department. Upon motion duly made and seconded, it was voted to accept the recom- mendations of the Traffic Safety Committee concerning Massachusetts Avenue at Taft Avenue and Charles Street. Mr. McSweeney was instructed to give priority to painting the crosswalks in this area. LCSR Mr. Stanley A. Brown, Chairman, met with the Board to discuss the Lexington Commission on Suburban Responsibility. Mr. Brown: I would like to report that we have discussed broadening the membership to include Concerned Black Citizens of Lexington, the National Organization for Women, the Council of Congregations, Council on Aging, and the Youth Advisory Commission. In order to insure maximum attendance at meetings, a written notice will be mailed at least two weeks in advance, and failure to attend two consecutive meetings will indicate a lack of interest and a letter will be sent to him to this effect. Broadening the scope would include problem areas believed to exist in Lexington, such as - human needs, social interaction problems. A sub- committee structure could be established to meet frequently to investigate problems when they arise and report to the Selectmen on findings. The overall commission would meet quarterly. It became apparent that we needed a vehicle for communication and under- standing of separate and interlocking procedures of what we are doing and to ask for interagency human services counsel, public and private, for a vehicle of communication of gaps and overlaps. We need a vehicle to get these people together. We are going in the direction of keeping in touch with the Mass. League of Cities and Towns regarding what other towns have. It would be a general public human service information center, which is basically dis- pensing information and referral for childrens' services. It is frustrating 1 1 1 1 Selectmen's Meeting December 15, 1975 when people want to call and they don't know where to begin. The number will be quite visible and we will have a campaign to tell the public. Chairman Bailey: Fundamentally, you are recommending an increase in membership, which is already quite large. You lack new modus operandi. Mr. Brown: Let Me expand on this. One thing that is difficult is that at the end of each year there is almost a total turnover of members. Perhaps it would help if we stagger members' terms. Chairman Bailey: We can do our part by making sure that not every- body gets wiped out each year. We try to work on the basis of nominations from agencies and, if it looks like a problem for next year, we would pass it on that they aim for continuity on their nominations. Does the Board have any suggestions? It seems that this is an appropriate group to be on there; it is already a large list. Mr. Buse: In my opinion, they can do as they please but, if it is too large, there would be overlapping of duty. They are recommending approval of another telephone answering service. Mr. Brown: What we hope to provide is one number to involve Mental Health and Re -Place. Mr. Kenney: How much would it cost? Mr. Brown: Our initial costs are volunteers. Mrs. Battin: The subcommittee will first recommend to the commission -. and, if the whole commission say O.K., we will work out the details. Mr. Bailey: Mr. Kenney says that this Board would have to be per- suaded very hard before any money will be coming out. Mr. Brown: It is not our intention to lead you to any specific programs. Dr. Kessler: The Board should endorse the concept that has been pre- sented as I think the commission wishes to address itself to our pressing needs. I am looking forward to having a group organized and working on these problems. Endorse the concept and wish them well. Mr. Kenney: I agree to endorse the concept and take under advisement as to how the scope is broadened. Mr. Bailey: Thank you very much. We look forward to receiving the formal part of the report. Mr. Brown retired from the meeting. The Board discussed a report from the Director of Public Works/En- gineering in response to a request from the Lexington Minute Men, Inc. for a sidewalk between Munroe Tavern and the Lexington Minute Men Museum so that the tourists will not have to walk in the street when visiting both houses. Alternate #1 proposes that a 6 ft. wide bituminous concrete sidewalk be constructed from Percy Road to the driveway of the Sanderson House, at an estimated cost of $12,000. Alternate #2 proposes a 6 ft. wide bituminous concrete sidewalk be constructed from the Munroe Tavern parking area to the driveway of the Sanderson House, at an estimated cost of $4,000. The Board agreed to reserve space in the Warrant for an Article to take care of any easements or other right-of-way problems which might 513 Lex.Min.Man Sidewalk Request - Mass. Ave. 514 Y.E.L.P Selectmen's Meeting December 15, 1975 have to be resolved by Town Meeting vote. Mr. McSweeney was requested to discuss the matter with the Lexington°Minute Men and to report back to the Board. Mr. Frank Totman, representing Youth Education of Lexington Police, met with the Board. Mr. Totman: We are concerned with the relationship between the Police Department and the community, particularly the youth of Lexington. It has been some length of time since the events surrounding the incident in May on Adams Street. Following that incident, the Town's youth were in a tur- moil and wild rumors have been circulating around Town about what did or did not happen, and probably my own involvement is typical of other adults in this situation. I spoke to some youths in Town and was accused of being part of the establishment to defend the Police no matter what they did, and was further told that local government would do nothing regardless of what the Police Department did. It seemed an adult was needed if there were legit- imate claims of Police abuse of power, and to keep communications open re- garding unfounded rumors. The result was the formation of Y.E.L.P., the name chosen by young people tnvolved in the organization. The name was chosen by youths and it is their presumption of where the problem lies. Y.E.L.P. says it as they feel. It is vital to make any criticism of the Police constructive criticism; criticism not only constructive but suppor- tive of the Police for their many fine accomplishments and, at the same time, to seek improvements towards their conflicts. Tonight, I am submitting a report which was done by Joanne Frey. The report entitled "Lexington Youth and Lexington Police," represents an effort to take a positive approach toward improving what we regard as one of the pressing problem situations in our town. After the members of the Board have had an opportunity to review the report, we hope you will see fit to meet again with representatives of our group to discuss its recommendations. In particular, we would like to discuss the recommendation of the report in the context of the existing Rules and Regulations of the Police Depart- ment published in 1972. Generally speaking, we believe the present rules and regulations address themselves more to administrative procedures rather than the public policy questions with which the report is concerned, and we would like to see them deal with both these areas of concern. It seems likely that the objectives of the report can be realized, in some measure at least, through revisions and amendments of the rules and regulations. The report does not make specific recommendations for amendments, but we would hope to discuss specifics in the future with the Selectmen or a Selectmen's committee appointed to review the rules and regulations. The community relations training which the report recommends for police officers is equally important. We think this type of training would be the inevita- ble result of adopting new policies and that it is therefore appropriate to consider these recommendations together. We appreciate your willingness to review the report and consider its recommendations, and we stand ready to continue the work of which this report represents the beginning. Mr. Totman: Most of us here are of a generation with respect for the law, and look to the police when serious problems arise. I think it fright- ening and upsetting that when I talked to youth that they look upon crime as something they have to live with rather than become involved with the 1 1 1 1 1 Selectmen's Meeting December 15, 1975 police. This reduces police effectiveness, and I hope that all of the group on YELP can reverse those attitudes. The report takes a positive approach towards problems in town. If the Board will review and meet with represen- tatives of our group to discuss recommendations in the report. The 1972 rules of the police department are addressed to revisions and amendments. The report doesn't make specifics but we hope to in the future. The train- ing of a police officer is important - and to adopt a new policy. We appre- ciate your willingness to review the report. Mr. Buse: Please give copies to the Town Manager, Chief Corr and Town Counsel. Mr. Totman: It is our intention to give copies to all boards and com- mittees in town. Mr. Bailey: I make it clear to everybody here of my comments. Both the report and Mr. Totman's comments are tangible evidence of very real concern - and did get to me. It is difficult agreeing with philosophical premises and no new facts in the report. It comes down fairly heavy on the Selectmen, and I don't think we are as far out of touch with the police as the report implies. I can't find that any Selectman was interviewed when writing this. The re- port is harsh on Chief Corr, and there are inaccuracies and inconsistencies. The author of this report may have misrepresented herself to the Chief when he was interviewed - and this leaves a bad taste. Since last June, we have had a Community Relations Committee and they have been working hard on some of the problems. It is my suggestion that the Selectmen turn over the subject matter to our Community Relations Committee to advise us as to what steps to take. I would comment that if an engineer had submitted the report, he would have been given a fat "F." Mr. Totman: In response, we accept the recommendation that it be turned over to the Community Relations Committee. I am somewhat interested in your comment when you said that the Chief of Police was misrepresented. Would you point out some instances? Mr. Bailey: I could - but somebody should take the time to talk to the Chief. I have tried to limit my comments and ended up with the suggestion that the Community Relations Committee take over the matter. It gets us down to the crux of the thing. Mrs. Battin: I take exception. I feel it is a -very thaughtful,`thorough piece of research, and for the Selectmen and the townspeople to give considera- tion for inadequacies in reading it. I concur strongly with the report that enactment of policy rests with the Selectmen. With regard to the three major recommendations in the report, I agree to refer to the Community Relations Committee with 1. Do they really feel it is a problem? 2. If so, come back with suggestions and improvements. 3. When it comes to an area of policy that is outside the scope of the committee, for the Selectmen to establish a committee of three, including an established lawyer to look at the rules and regulations. It is the Board's responsibility to look into it, and I thank you for the report. m-1 516 Selectmen's Meeting December 15, 1975 Mr. Busa: My feeling is similar to what Mr. Bailey said. I don't know the reason to submit a report from a two-year law student. I grade it like non-factual, and negative report of the Lexington police department, I don't believe YELP and parents involved in YELP believe that policemen are human not 100% perfect - no one walking today is. I don't think that people in this community should blame their inability to raise their children to have respect for neighbors, and that they don't have the training taught by elders, and blame it on the police. The policemen all have training and, on a volun- tary basis, they go to school nights; plus the cadet program. They are going to Northeastern, Suffolk Law, and State Community Colleges. If this report is the best we can get out of a two-year law student, I can see why Massachusetts is in the trouble it is in. Mr. Totman: As I said, it is an emotional issue that YELP is involved in, and I must take exception. I want to say that you and I have been in Town government a long time and we have differed and agreed on the floor of Town Meeting, and I hope you would recognize from this report that there are people in this town who feel about the way the Lexington police department relates to youth in town, and tried to take the moderate approach following the incident in the spring. I did talk not only to a large number of kids but two police officials who had reports on the incident, and there was such a wide variation between the two that I felt something was wrong. I am not saying the youth or police were totally wrong. There may have been inade- quacies if I had written it. I would not have done it that way. There are concerned people in this town about the police department and I would hope we could sit down as responsible people and come up with a solution that would improve the police department and the life in this town. If you want specific incidents, and sworn statements, not from kids but from 70 year olds, I can give them to you. Chairman Bailey: Thank you. I think you have heard enough to know that there are differences of opinion on this Board. I would comment that the thing that depressed me about this, particularly in my view, was that it ended up adding to the problem. I don't think we are going to get there with this report. Dr. Kessler: I don't view this as a negative report, as Mr. Busa does, but mainly a positive report and a meaningful evidence of concerns - which I also khare. I do agree with the philosophical premise by and large; however, I am not ready to accept the recommendations as I feel they need further study. There is a gap between what some residents and the police depart- ment say. There is a pressing need for a solution of conflict. I don't think that the Community Relations Committee is set up to review the police manu- al even if the Board says they want them to, I don't think this is what we want to do. We are set up to address the problem of police and community relations and will do it with special meetings. I say, publicly, I would like members of YELP and others to be concerned about some of the ancillary problems and to come to Community Relations Committee meetings on other matters. It is important to take measured steps and finally come to a solution. To do that, I think members of Yelp have to get to know our style and be satisfied to go one step at a time, and I think 1 1 1 1 1 51/ Selectmen's Meeting December 15, 1975 we can resolve some of these problems. You can't come to one meeting and expect to have good philosophical discussions after only that one meeting. Mr. Kenney: I understand the concern and am sympathetic with it. We ended up with an indictment of the police department, and I am not impressed. It is not a full professional job; it has unsubstantiated allegations and conclusions. It is not of specific competency for review by this Board, and I concur with Mr. Bailey to refer it to the Community Relations Com- mittee with the exception of the police manual, as the Committee is set up 'for public relationship. If it is then determined to look at the rules and regulations, we would suggest we look at it again with our professionals. Mr. O'Connell: I would comment on references to the Town Manager and the police department and say that statements in the report on his inade- quate irresponsibility are not based on any statements from'the Town Manager. Mr. Cohen to Mr. Totman: I would like clarification, please. When you made your report, you said that Joanne Fray, Lexington resident, had written this. She is a law student at Northeastern and is working under the supervision of Eric Lund. It would be helpful to know if she is a volunteer or Joane Fray, co-op student, being paid. Mr. Totman: To my knowledge, as a volunteer she agreed to undertake the study. To my knowledge, she is not involved. Mr. Cohen: My firm hires Northeastern students and they are paid to research. If that is the case, I would like to know. Mr. Bailey: To summarize the Board's opinion - 1. We agree that you and we have not heard the last of this report. 2. We are referring the subject matter to the Community Relations Committee for guidance. 3. As far as specific comments in the report, that is best left to the individuals. Joanne Fray: Will the Community Relations Committee consider having policy made up for the police? Dr. Kessler: We will have a special meeting of the Committee and de- cide with you how we are going to approach it. The Community Relations Com- mittee will need a copy of the report. Mr. Kenney: The meeting will be more broad-based. Dr. Kessler: There will be more than one meeting. Our next meeting is scheduled for January 15 and our agenda is set to discuss Articles in the warrant of interest to youth in Lexington, such as a proposed no public drinking law, recreation study, Re -Place. At that meeting, we will set the agenda on Youth/Lexington Police. Mr. Totman retired from the meeting. Mr. O'Connell recommended that the Board sign the 1975 State Census 1975 Certification. State Upon motion duly made and seconded, it was voted to sign the form sub- Census mitted by Secretary Guzzi, certifying the number of residents of Lexington according to the 1975 State Census as 32,477. 518 Bussgang- Bicycle Path Bos.Edsn. Trans- former Storage Hanscom Task Force Transporta- tion Advis. Committee Election Day and 1 President Primary Precinct Registra- tions Selectmen's Meeting December 15, 1975 Mr. O'Connell recommended that the Board refer the letter from Mr. Julian Bussgang, 43 Peacock Farm Road, to the Traffic Safety Committee and the Recreation Committee, regarding the feasibility of a bicycle/ pedestrian path in the Peacock Farm/Bowman School area. The Board agreed. Mr. O'Connell informed the Board that Boston Edison Company has re- quested assistance in the selection of an area to store transformers., They have suggested storing them on Bedford Street in front of the Tennis Club, Wood Street and Minuteman Park. He recommended that he and Mr. McSweeney pursue the question of whether the Town can assist and, also, to suggest the possibility of using part of the sanitary landfill at Hartwell Avenue. If resolved, he will bring to the Board a proposed lease arrangement with Boston Edison. The Board agreed with Mr. O'Connell's recommendation. Mr. O'Connell discussed a request from the Governor's Hanscom Task Force for payment of $360.00 as Lexington's share of office expenses. Funds had been obtained from CETA for staffing, and the space is free. Mr. Kenney recommended approval of the expenditure from the $2,000. which had been included in Account 1090, in accordance with the Town's agreement to share in expenses. Upon motion duly made and seconded, it was voted to approve the expenditure of $360.00 from Account 1090. The Board Discussed nominees for appointment to the Transportation Advisory Committee. Chairman Bailey: We have received letters from interested citizens, and the Planning Board is polling the Design Advisory Committee for nominees. Dr. Kassler: I suggest that we appoint the four people who have written and expressed interest but to continue to look for others. They could meet and report back to the Selectmen. The Board agreed and Dr. Kassler is to convene the first meeting. Upon motion duly made and seconded, it was voted to appoint the fol- lowing members of the Transportation Advisory Committee; Mrs. Joyce Hals 14 Vinebrook Road Mrs. Katherine Menand 65 Sherburne Road Mrs. Thelma Marin 68 Colony Road Mrs. Frayda Cooper 50 Asbury Street Mrs. Sandra Shaw, League of Women Voters, met with the Board to request reconsideration of changing the Town Election Day from March 1 to March 8 because of the Presidential Primary being held on March 2, 1976. She ex- pressed the League's concern for the additional workload for the Town Clerk. The Board took the matter under advisement.' Chairman Bailey read a letter from the Town Clerk regarding the elim- ination of precinct registrations prior to the Annual Election on March 1, 1976 and requesting that all registrations be conducted in the Town Clerk's office. 1 1 it - Selectmen's Meeting December 15, 1975 Upon motion duly made and seconded, it was voted to grant the Town Clerk's request to eliminate precinct registrations and to conduct all registrations prior to March 1, 1976 -in the Town Clerk's office. The Board discussed the need for additional voting machines on March 1 and March 2 and it was agreed to write to the City of Waltham requesting the possibility of a loan of six machines. Upon motion duly made and seconded, it was voted to approve the re- quest of the Director of Public Works/Engineering to sign the following Orders for Construction of. Sewer: Moon Hill Road, abutting the premises of Lots 1 and 29 on the Assessors' plans; to be recorded in compliance with the vote taken at the Annual Town Meeting held on March 17, 1975. Pleasant Street, abutting the premises designated as Lot 14/61 on the Assessors' plans; to be recorded in compliance with the vote taken at the Annual Town Meeting held on March 17, 1975. Chairman Bailey read the list of applications for renewal of Common Victualler licenses. Upon motion duly made and seconded, it was voted to sign the 1976 Common Victualler licenses, subject to periodic inspection by the Dir- ector of Public Health, as follows: Bellino's Bakery Hayden Skating Rink Sutton Place, Inc. Peter's Delicatessen Mario's Alexander's Pizza Minuteman Restaurant Pewter Pot Chairman Bailey read an application from Lexington Chalet, Inc., 440 Bedford Street, for renewal of the Innkeeper license. Upon motion duly made and seconded, it was voted to sign the 1976 Innkeeper license for Lexington Chalet, Inc. Later on, after discussion in Executive Session, the Board agreed to held this license pending a meeting with the owner on December 17. Mr. McSweeney discussed replacement of the existing marble tablet on the Battle Green Revolutionary Monument with a granite tablet, at an estimated cost of $1,200. The Board agreed that Mr. McSweeney is to present this proposal to the Historic Districts Commission for approval of the location of the project. The Board discussed the list of streets to be submitted for approval of the 1976 Annual Town Meeting. Upon motion duly made and seconded, the Board voted the intention to lay out the following streets: 19 Voting Machines Sewer Construc. Orders - Moon Hill Pleasant Street 1976 Common Victuallers Innkeeper Lex.Chalet Revolution- ary Monument INTENT TO Lay Out Streets 520 • Selectmen's Meeting December 15, 1975 Construe- CONSTRUCTION STREETS: tion Sts. Crescent "Road 1100 feet from Watertown Street to Green Lane Briggs Road 380 feet from Crescent Road to end. Great Rock Rd. 350 feet from Crescent Road to end. Subdivi- SUBDIVISION STREETS: sion Sts. Hartwell Place 660 feet from Hartwell Avenue to end. Brookwood Road 726 feet from Grant Street to end. Fairfield Drive 600 feet from Brookwood Road to end. Mass.League Mrs. Battin distributed to the Board copies of the report from the Hum.Servs. Arlington Committee on Vandalism. Lex.Rep. Mrs. Battin discussed the National Health and Redevelopment Act and informed the Board that the Mass. League of Cities of Towns recommended that there be municipal input. She recommended that Jeff Shaw, Administra- tive Assistant, be designated as Lexington's representative to work with the League on alcoholism, mental health and public health. Mr. O'Connell had no objection and agreed that Jeff Shaw is to be Lexington's representative. M.V.M.H. Executive Mrs. Battin informed the Board that Mystic Valley Mental Health now has 24-hour service for mental health emergencies and they are investi- gating a voluntary staff to serve under their aegis. A Meeting will be arranged with the Drug Advisory Committee soon to discuss the matter. The Board agreed not to meet on Monday, December 29, 1975. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of a person. After discussion of matters of financial interest and litigation, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 11:00 p.m. A true record, Attest: Ea(ecutive Clerk, Selectmet( 1 1 SELECTMEN'S MEETING December 22, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, December 22, 1975, at 7:30 p.m. Chairman Bailey, Messrs. Kenney, Busa and Kessler, Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. Chase, Town Engineer; Mrs. McCurdy, Executive Clerk, were present. The Board congratulated Mrs. Anne Scigliano, Editor of the Lexington Minute -man, and presented her with a Merit Award from the Massachusetts Selectmen's Association for the picture taken by her of former Chairman Kenney presenting the framed silk screen of the Lexington Minuteman to President Ford during the Bicentennial celebration on April 19, 1975. Mr. O'Connell recommended, due to the illness of Mrs. Phyllis Bonini, that Mrs. Mary O'Brien, Clerk of the Appropriation Committee, be assigned the project of typing the 1975 Annual Town Report. He advised the Board that a transfer up to $500.00 might be involved. The Board approved Mr. O'Connell's recommendation. Mr. O'Connell recommended that the Board authorize Chairman Bailey to sign the Release, which was requested by the Massachusetts Bay Transporta- tion Authority for full settlement of claim in the amount of $221.53 for damages and replacement of a pedestrian signal on Massachusetts Avenue in Lexington, as a result of an accident by Mr. Robert F. Gossette, MBTA employee. Upon motion duly made and seconded, it was voted to authorize Chairman Bailey to sign the release of damages in the amount of $221.53, incurred by MBTA employee Robert F. Gossette during an accident involving a pedestrian signal on Massachusetts Avenue, subject to the approval of Town Counsel. Mr. O'Connell discussed the request of the Boston Edison Company for the assistance of the Town in selecting a suitable site for storage of transformers. He recommended that they could lease two acres of unused Town land near the entrance to the sanitary landfill on Hartwell Avenue for two years and Boston Edison should pay for all improvements, i.e., fencing it and putting in gravel for a road. It would be in the best interest to have the transformers stored there rather than in any of the Boston Edison easements. Mr. Busa: There would be no fill or storage of fill? Mr. O'Connell: No, just gravel for the roadway. Chairman Bailey: This should also be checked with the Conservation Commission. Mr. O'Connell: They would just put the gravel on the surface. Mr. Cohen: Under the General Laws, the Selectmen can lease Town - owned land. The Board agreed to the proposal to lease the land, and Mr. O'Connell is to come back to the Board with the prepared lease. 5211 Scigliano Merit Award Photography Town Report MBTA Release of Damages - Traffic Signal Bos.Edison Transformers Hartwell Landfill 522 Selectmen's Meeting December 22, 1975 Rosina's Messrs. Paul and Robert Mammola, owners of Rosina's Kitchen, located Kitchen at 363A Massachusetts Avenue, and their Attorney, Harry L. Lynch, met with the Board. Mr. O'Connell: A building permit was taken out but all the work neces- sary for the Building Inspector to grant an, occupancy permit has not been completed. It is our understanding that the function room was used on Sunday evening for a party. The neighbors called about it and, if this is accurate, he is in violation of the Sunday laws without a police permit. He is also in violation of the building and public safety laws. We also under- stand that a Christmas party is planned for Wednesday in the basement room. Mr. Mammola should understand that he -will be in violation of the law and subject to its penalties, and he may be subjecting his business to potential liability in the event of a public safety incident. At this time, the func- tion room is not ready for public use; there is no license for a restaurant type of operation; entertainment requires a license under Sunday laws, and none has been granted. Chairman Bailey: A Common Victualler license was issued for 9:00 a.m. to 6:30 p.m. Any evening function after 6:30 p.m. is in violation of that license. Mr. Cohen: That license is for the delicatessen on the street floor. An earlier application for a restaurant was turned down by the Board of Appeals. Chairman Bailey: A report from the Planning Director says that Mr. Mammola had contacted him as to whether a function room in the basement of Rosina's Kitchen could be developed and if a special permit would be required for small functions like wedding receptions -and christening parties; also, a New Year's Eve party. Dr. Clarke, Chairman of the Planning Board, felt that the decision on whether or not a special permit should be issued was not with- in the jurisdiction of the Planning Board. However, in reviewing the proposal from a planning perspective with regard to parking and location, it was deter- mined that there was adequate parking and the CBD would be a proper location for this type of facility. If the matter were brought before the Planning Board, it probably would not oppose the proposal. This does not take into consideration the aspect of citizen reaction, as is implied in the special permit procedure. The Planning Director contacted Mr. Nickerson, Chairman of the Board of Appeals, and it was decided that, under the circumstances, a special permit would not be required; however, if this development became a public nuisance, the Board of Appeals could take action which would result in closing down the facility. Mr. Mammola was then advised to take care in whatever activities he held that there would be no resultant disturbance to the neighborhood in any form. There was no discussion with Mr. Mammola as to any of the other special permits that might be required by the Board of Selectmen that pertain to an operation of this type and, therefore, he may not have been totally aware of the type of permits required. Chairman Bailey: A report from the Building Commissioner states that if the lower level is used as a place of assembly, the area would have a capacity of 160 occupants; this capacity figure is based on the floor area without fixed seats. Mr. Mammola was present at the time of the inspection and is aware that 1 1 1 1 Selectmen's Meeting December 22, 1975 although egresses are adequate for this capacity, exit door hardware, exit signs, emergency lights, and small miscellaneous electrical items are required. Atty. Lynch: Mr. Mammola consulted the Board of Appeals, the Planning Board, and the Board of Health, and he thought he had done all that was nec- essary for New Year's Eve; they are not running a restaurant, only for New Year's Eve. Last Friday, they had a call from the Police Chief that they were running a function to sell liquor. Bob assured him that he had no intention to sell liquor. The question came up on whether they needed an entertainment license because it was being run after midnight. We were perturbed about that. The reason we are here is that we want to consult with officials and obey the law and cooperate, and not do something in deference to the laws of Lexington. The kitchen will sell the food, and we will not be operating out of Rosina's Kitchen. One hundred and forty-five tickets have been sold and they are per- turbed that they would have to notify customers that it has been cancelled, and we would be willing to do whatever the Board tells us. If you give us a letter to stop, we will do it. We feel you should give us some sort of communication. On the other hand, if we can work out something - some requirements that are not in disfavor with the town. Chairman Bailey: At any time did Mr. Mammola write a letter suggesting what they wanted to do and ask for guidance? Atty. Lynch: Bob came down to the town and talked to officials. They never suggested he might have a problem with a Common Victualler's license or the Board of Health. Mr. Kenney: Where is the food to be prepared and how is it stored and heated? Mr. Mammola: It is cooked in the morning and reheated at night in the function room with flame heaters. Mr. O'Connell: Mr. Lynch pointed out that the Mammola brothers came to the Town, but their inquiry was addressed to the Board of Appeals. Deficien- cies in the kitchen have been pointed out since November by the Board of Health. It makes no difference where the food is being prepared if china and glasses are not sanitized; it is not good. They went into business not being concerned about licensing requirements. Any businessman should do this relative to the town knowing his plans. The first time the Board was aware of a party was when the Selectmen's office saw flyers on it and called them about the party. Atty. Lynch: Do I understand that health requirements are not met? Mr. O'Connell: Not so far, according to the Health Director. Mr. Bob Mammola: Mr. O'Connell has a few things missing. The Board of Health sent a letter on November 11 that the Kitchen did not meet requirements. I called the Board of Health and asked for an appointment as they gave 10 days to meet:.requirements; he cameat 1:00 p.m. and I asked his opinion. He said, "It is in great condition, a lot better than the last time I was here." I told him that we hadn't done anything different, and he said that we needed a dish- washer - we got rid of the china and use plastic. He still didn't like pickles in a barrel, and we removed them. He didn't like the domestic refrigerator and I told him that we would replace it immediately. It is on order and takes weeks to get. He was satisfied with everything, and also with the dumpster. I asked if there were any more problems and he said, "No." I am going up tomorrow to re- new the license. I asked him to send me a letter, and that the proper equipment 5'2 4 Selectmen's Meeting December 22, 1975 was on order. Mr. Smith said in the afternoon that he would get the letter out tomorrow. He asked me about the function room and the tie-in with the Kitchen. At parties, the Kitchen will sell to Mammola Bros. Corporation. Mr. O'Connell: Mr. Smith sent a letter dated November 3 to Mr. Mammola citing 14 specific items for compliance with the Board of Health specifica- tions. On November 11, he reminded Mr. Mammola that they were not complied with. I cannot concur with Mr. Mammola, as Mr. Smith's letter of Nov. 28 speaks for itself, warning Mr. Mammola that he had not complied. Mr. Cohen: The permit was granted for a kitchen deli on the first floor. I am not sure what the function room is. Mr. Bailey: Neither am I. I don't want to be in a position of second- guessing the Board of Appeals. Mr. Cohen: If this is a second business, they will have to have their lawyer advise them. Atty. Lynch: As far as the function room is concerned, it is not sell- ing food out of the kitchen. We had no idea that we would run into problems like this. Mr. Mammola: Last evening, it was a private group and they bought cold cut platters. Mr. O'Connell: They are still in violation of Sanday Laws. He does not have a permit from the Building Inspector for the function room.' Mr. Kenney: They would be required to go to the Board of Appeals for the function room? Mr. Cohen: From what I've heard tonight, it is a new business; renting it and bringing in their own food. They probably would go to the Board of Appeals for this type of business. Mr. Bob Mammola: The Board of Appeals told me I did not need it. Mr. Cohen: Is it a one-shot thing? It is a new business, isn't it? Mr. Paul Mammola: It is not the same function so it is a one-shot deal. Chairman Bailey: In summarizing - 1. There is no way we have any basis for granting any other licenses or permits. We are saying that we can't give you any additional license. 2. If you go ahead and have your parties, you are in viola- tion. That is the risk you are taking. 3. On the Police Department permit, you take that up with them. Mr. Buse: This is the way the function room. Atty Lynch: To understand Chairman Bailey: We don't I feel. I wanted to, separate the kitchen your position, you are not taking any action? have the basis to take action. There has been no application for a Common Victualler license for the function room. Atty. Lynch: And you are not telling us to stop? We are perfectly will- ing to. Mr. O'Connell: I think you have put it in the wrong context. You should not use a building that the Building Inspector has not given a permit for. You should not start, as you are in violation when you do. Mr. Bob Mammola: As far as licenses are concerned, I went to Town Hall 1 1 1 1 1 Selectmen's Meeting December 22, 1975 to find out what I needed to do for the function room, and they said no licenses were needed. Chairman Bailey: I am sorry about that. I don't think this Board is on a crusade of not being proponent or opponent. Mr. Bob Mammola: Since there are no licenses required from the Board of Appeals or Planning Board, why am I having opposition? Chairman Bailey: I think the residents are the people who are in opposi- tion. Mr. Cohen: A Common Victualler's license is needed for the function room. Mr. Mammola should understand that Mr. Briggs and Mr. Nickerson can be helpful and give advice but any formal decision is given by the Planning Board and the Board of Appeals; one person is not enough. Chairman Bailey: Didn't some of the discussion indicate to you that maybe it was a fairly sensitive topic? Mr. Bob Mammola: That is why I went to the Board of Appeals. May I ask Mr. Briggs to answer that? Chairman Bailey: I think it is not germaine. Mr. Bob Mammola: If I had it in writing .. Chairman Bailey: That would get you over one hump, and you would have applied for a Common Victualler's license, etc. Mr. Bob Mammola: Due to my ignorance, I didn't know. Dr. Kessler to Mr. Cohen: If I had a large paneled room and wanted to rent it out for parties, what would I need? Mr. Cohen: To serve food, a Common Victualler's license. Dr. Kessler: Just for a couple of parties? Mr. Cohen: Yes, because the general public is being asked to come. Dr. Kessler: I feel very sorry because Mr. Mammola did come and try to get information, but I think what disturbs me most is the safety of people being there. If it is the law that you need all these things; signs, lights, etc., and if you put more into it, obviously it would be for a long term. Mr. Bob Mammola: It was to be long term. Dr. Kessler: Then this loss is insignificant, and would suggest that you back off on the New Year's Eve'par-ty'and go back to the people in town and get permits and think long term. I think the people will understand. Chairman Bailey: I think the long term solution is the focus of attention. Mrs. Battin: Is there any way of developing procedures to be followed so that people will know the requirements? Mr. O'Connelt:- There are many things we can do to help communicate. If there is any publicizing to be done, it should be said that the Select- men's Office is the primary Board for licensing, and if there are any fur- ther matters, they can be referred. This gentlemen already has a license issued by the Board of Selectmen - it is no mystery. The Board of Select- men issues Common Victualler licenses subject to the Board of Health's approval. Atty. Lynch: Should we send a letter saying that in this instance we have applied to the Selectmen and withdraw it. Chairman Bailey: Nobody has applied to us. If you put in an applica- tion for a Common Victualler's license, the Board can act on that. In the 526 Selectmen's Meeting December 22, 1975 absence of specific approval from the Board of Appeals, we could say, "No." That is the sense of the Board. Atty Lynch: I think it should be referred to court. Chairman Bailey: We have had no formal application. Atty. Lynch: I doubt as to whether a permit is necessary. There are complicated, legal problems. Chairman Bailey: We are clear on our permits. Messrs. Mammola and Atty. Lynch retired from the meeting. Landry Mr. Arthur N. Landry, Jr., 5 Minuteman Lane, met with the Board. Sewer Chairman Bailey: On November 13, 1972, the Board of Selectmen voted to defer $1,000 of the sewer betterment assessed on Lot 145, Map 50, for a period of three years, subject to the usual policy that if, within that period of time, this property is changed in any way or if the lot is sold or subdivided, this deferment of $1,000 will terminate and would become pay- able to the Town. On October 16, 1975, we were informed by the Board of Assessors that, in April, 1973, Mr. and Mrs. Landry sold the property to William J. and Kyle Mobilia (Book 12421, Page 53). Therefore, the Board of Selectmen voted on November 17, 1975 to terminate the deferment and informed Mr. Landry by letter of November 24, 1975 that, as of April, 1973, payment of $1,000 is due and payable to the Town of Lexington. Mr. Landry: I bought the property in 1951 and the parcel which my house is on, I believe in 1958. On February 10, 1958, I paid $610 better- ment and they brought the sewer 10 ft. in front of my property; I paid not for 10 ft. but for 125 ft. I bought, roughly, 3 lots but because they were very large I didn't build on it. At this time, I paid $610 for 125 ft. and the house next to me paid $538. When I applied to the Board of Appeals, I told them I wanted a building site for a home for my daughter and son-in-law, and I gave it to them - and they assessed me an additional $750 for tying into the sewer.- It was originally billed for $1,750. Chairman Bailey: $1772.62 was assessed in 1972, based on 90,000 sq. ft. and the fact that it would be bettered. The letter from Mr. Kenney on Nov- ember 15, 1972 was very explicit, and deferred $1,000 until that lot was built upon. Mr. Landry: If I have a vacant lot, why would I apply for a sewer if I wasn't going to build? Mr. Kenney: That is why we held off on it. Chairman Bailey: You got a letter saying explicitly what the terms are. Why didn't you come back before this when you got the letter? Mr. Landry: Isn't it the logical thing to have said why do you want a sewer if you are not going to build upon it? Chairman Bailey: I repeat - at that time, the Board agreed it was fair. Mr. Landry: No. Chairman Bailey: Then I suggest that you take another route. The Board voted twice that it agrees with the way the assessment was levied. Mr. Landry: To be assessed $1,750 for sewerage which is not put in, when I had paid for it previously. 1 Selectmen's Meeting December 22, 1975 Chairman Bailey: Mr. Chase would be happy to review the computations. Mr. Chase: His house is on Lot 16, which was bettered as a separate lot. Mr. Landry: It appears that is something that will be decided in a court of law. You leave me no alternative. I am an older man and if you want young people to come into town - my son-in-law built it with his own hand -- and if you arbitrarily put assessments on ... Chairman Bailey: How many 2 -acre lots are there in town? I think that probably the basis of the permit you got to build on it took this factor into consideration. If you want, talk to Mr. Chase, Town Engineer. Mr. Landry retired from the meeting. Upon motion duly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing, deliberating or voting on matters Session which, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of a person. After discussion of matters concerning the financial intersts of the Town and collective bargaining, it was voted to go out of Executive Session at 10:00 p.m. Mr. Cohen discussed with the Board Articles to be inserted in the Warrant for the 1976 Annual Town Meeting. The Board agreed - 1. An Article for the Town to accept a sewer easement on Concord Avenue, which was originally granted by Mr. Haroian to Temple Emunah. 2. An Article to convey a strip of Town -owned land on the south- erly side of Wood Street to the abutters. Mr. Cohen discussed the forthcoming auction sale of loW value -tax foreclosure land, and the Board, agreed: that-theminimum-purchase price is to be for taxes owed. However, if a Town Agency expresses interest in any lot (s), all bids will be rejected. Mr. Cohen discussed the insertion of another Article which was recom- mended in the capital budget process. He noted that this Article would be for the installation of traffic signals at the intersection of Waltham Street and Worthen Road. The Public Works Dept. brought to his attention the fact that there is a right-of-way through a driveway from Bushnell Drive to Waltham St. Bushnell Drive is now constructed, and there appears to be no reason why anybody would have to go through. Is there any feeling about possibly taking any rights in that driveway? There is a legitimate argument that it should be blocked off for safety reasons according to the Public Works Dept. Mr. O'Connell: The argument for the lights is that it should be laid out for public safety. Mr. Cohen: We will make sure that the Article is broad enough to do it. 1976 Articles Foreclosed Land Article - Traffic Signals - Waltham St. 528 Sellars vs. Town Fraenkel/ Monne Dog Hearing 1976 Com- mon Carri- er Li- censes Bicent. Tours Selectmen's Meeting December 22, 1975 Mr. Cohen advised the Board, and it was agreed that the Board, and it was agreed that the Town would not seek a mistrial on the Seller's case despite the fact that it was reported that Mr. Seller's had called the Master at home to discuss the case. The Board of Selectmen discussed a dog hearing, which was conducted by Selectman Howard M. Kessler on December 17, 1975, on the written complaint of Mr. and Mrs. Alan Monne, 6 White Pine Lane against a male Collie dog owned by Dr. and Mrs. William Fraenkel, 9 Mason Street. Upon motion duly made and seconded, it was voted that it is the finding of the Board of Selectmen of just cause for the concerns expressed by Mr. and Mrs. Alan Monne and, therefor, to order the dog, Shep owned by Mr. and Mrs. William Fraenkel of 9 Mason Street, is to be kept under the following restraints: 1. The dog is to be kept in a completely enclosed, very secure metal fence pen or in the home. 2. When walked, he is to be on a metal choke collar. 3. He is not to be tied to a chain outside, as this could break. Also, it is to be fully understood by Mr. and Mrs. Fraenkel that this is to be the last chance for Shep in Lexington. A future incident, even though it might not be a serious one, might possibly be grounds to have the Board of Selectmen rescind its present decision on the disposition of the dog. Chairman Bailey informed the Board of an application from Bi -cen- tennial Tours, 89 Arcadia Street, Waltham; also, an application from Regal Bus Lines, Inc. 70 Crafts Street, Newton. Upon motion duly made and seconded, it was voted to renew the license to December 31, 1976 to Bi -centennial Tours for operating a common carrier for the transportation of passengers for hire by motor vehicle along Route 2A, Massachusetts Avenue and Hancock Street to historical sites with stops at Museum of Our National Heritage, Munroe Tavern, Buckman Tavern and Hancock Clarke House. Regal Bus Upon motion duly made and seconded, it was voted to renew the license Lines to December 31, 1976 to Regal Bus Lines, Inc. for operating motor vehicles for the carriage of passengers for hire along Route 128 between the Lexing- ton -Waltham Town Lines and the Lexington -Burlington Town Line to transport Honeywell Corp. employees from Framingham plant to the Billerica plant. No Stops. Common The Board discussed the application from Rosina's Kitchen for renewal Victualler -of the Common Victualler license. Rosina's Upon motion duly made and seconded, it was voted to renew to December Kitchen 31, 1976 the Common Victualler license for Rosina's Kitchen, on the street floor at 363A Massachusetts Avenue, subject to approval of the Board of Health. 1 1 1 1 1 529 Selectmen's Meeting December 22, 1975 The Board discussed the renewal of the Innkeeper license for the Innkeeper Lexington Chalet, Inc., 440 Bedford Street. License - Chairman Bailey: The license was signed last week but we held it Lex.Chalet until after Mr. O'Connell and I had an informal meeting with the Owner and Manager. We met on Wednesday and, in my judgment, the Manager is the problem there. We left it that we would issue the renewal license, with reservations. We hope they got the message as to any future reports about the motel. Chairman Bailey read a letter of resignation from Mrs. Lois Brown Resignation - Upon motion duly made and seconded, it was voted to accept, with re- Mrs.Brown gret, the resignation of Mrs. Lois W. Brown as a representative of the LCSR & Metropolitan Area Planning Council on the Lexington Commission on Sub- Bicen.Com. urban Responsibility; also, her resignation as a member of the Bicen- tennial Committee. Upon motion duly made and seconded, it was voted to appoint Mr. Albert Zabin a member of the Lexington Commission on Suburban Respon- sibility as the representative of the Metropolitan Area Planning Council. Chairman Bailey read a letter from Mr. Norman Goralnick, President of Minuteman Associates Association, requesting that consideration be given to changing the section of Worthen Road extending from Pleasant Street to the Bowman School to Worthen Road East. The Board agreed to refer the matter to the Planning Board. Dr. Kessler suggested that the Planning Board also submit a recom- mendation on the section of Emerson Road off Maple Street. The Board agreed. Appt. LCSR Mr.Zabin Request Re Worthen Rd. & Emerson Rd Upon motion duly made and seconded, it was voted to sign the notices Street to the Constable to deliver to abutters concerning street hearings to be Hearings held on January 13, 1976 on the Board's vote of intent to lay out the following streets: Construction Streets Briggs Road, From Crescent Road, a distance of 380+ ft. to end. Crescent Road, from Watertown Street, a distance of 1100+ ft. to Green Lane. Great Rock Road, from Crescent Road, 350+ ft. to the end. Subdivision Streets Hartwell Place, from Hartwell Avenue, 660+ ft. to end. Brookwood Road, from Grant Street, 726+ ft. to end. Fairfield Drive, from Brookwood Road, 600+ ft. to end. Upon motion duly made and seconded, it was voted the intention of Schuh laying out the rounding of the northeast corner of Clarke and Forest Gift of Streets for sidewalk purposes. Land - The Board discussed a memo from Mr. McSweeney regarding an offer by Clarke & Mrs. Schuh, 24 Clarke Street, to give the Town a piece of land at the Forest 53{x; Mass.Ave. Sidewalk - MunroeTay. Grey Nuns' Property Policy - Door -to - Door Solicita- tion MSA Advisory Council Article - Amend Gen'1. By -Laws Possible Entertain- ment Article Executive Session Selectmen's Meeting December 22, 1975 corner of Clarke and Forest Streets. It was agreed that an Article would be necessary in order to accept the land. Mrs. Schuh is to be informed by letter that betterments would be assessed but could be apportioned. The Board discussed the request for a sidewalk in front of the Munroe Tavern and the Minute Man Museum and agreed that it would be a separate Article in the Warrant. The Board to refer the matter of the Grey Nuns' property to the Lexing- ton Housing Authority, the Planning Board, and the School Committee, re- questing that they respond by January 13, 1976 if there is any interest in acquiring the land. Chairman Bailey informed the Board that a letter has been received from Mr. and Mrs. Gerald Ross, 22 Suzanne Road, regarding permission being granted to Mass. Fair Share to solicit from door-to-door in the Town. They suggest that the Board reconsider its policy to grant this type of solicita- tion as it is an invasion of privacy at any hour or by any adult. It was the feeling of the Board that sufficient protection was avail- able to individual householders in the form of signs or other warning to potential solicitors. The Board agreed to continue to support local causes but to discourage out-of-towners from soliciting in Lexington. Chairman Bailey read a -letter from the Massachusetts Selectmen's Associ- ation requesting that the Board designate one member to serve on a Large Towns' Advisory Council, to be created on January 1, 1976. MSA feels that this Council would (a) help identify and define any problems within the MSA unique to larger towns, and (b) to help develop better service programs and means of participation with the MSA. After discussion, the Board agreed to inform the Massachusetts Select- men's Association that, primarily, because of pressures on available time, it is not possible to designate a member to the new Advisory Council. How- ever the Board would appreciate being advised of any new proposals of the Council. The Board agreed to have an Article in the Warrant to amend the General By -Laws be eliminating the mailing of post cards to each Town Meeting member at least 24 hours before the time of an adjourned Town Meeting. Mr. Busa proposed an Article in the Warrant to adopt Chapter 180, Section 29, and Chapter 136, Section 2 and 4, regarding Entertainment licenses. The Board took the matter under advisement. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public might adversely affect the public security, the financial interest of the Town, or the reputation of a person. 1 1 Selectmen's Meeting December 22, 1975 After discussion of personal services budgets, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 11:00 p.m. A true record, Attest: .+t ))1, )d/C Executive Clerk, Selectmen 51 I