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HomeMy WebLinkAbout1976 532 SELECTMEN'S MEETING January 5, 1976 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, January 5, 1976, at 7 30 p m. Chairman Bailey, Messrs Kenney, 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, were present School Mr O'Connell discussed a letter from Mrs Ruth Wathen-Dunn stating Vandalism that some towns have cut down on school vandalism by having a teacher or custodian live on school grounds in trailers Her proposal is to have the extra space in schools as housing for school personnel or low cost housing under the aegis of the Housing Authority Each school would present a dif- ferent problem but a solution could be similar to that of families or couples living in our historic houses Mr O'Connell I personally think there may be merit in having some- one in the schools but we would have to gain experience in order to find out I talked with Mrs Swanson, Chairman of the School Committee, and suggested that it be tried on a pilot basis in one school It was Mrs Swanson's de- sire that her committee look into other measures regarding vandalism, such as better exterior lighting Chairman Bailey Fundamentally, then, we are waiting for the first lead from them on the whole process The position of the Board should be to wait until such time as the School Committee requests specific assistance and fund- ing of it Mr O'Connell One of the matters I will not discuss publicly is in the region of school assistance The Board agreed to inform Mrs Wathen-Dunn that the Town Manager is working with appropriate personnel in the school department to explore the possibility of establishing a pilot program in one school Additional Mr O'Connell informed the Board that the Town of Burlington has chosen Voting to deny our request for the use of some of their voting machines for our Machines March 1 Town Election and March 2 Presidential Primary He is pursuing the matter further with the City of Waltham and we might be able to get as many as 12 voting machines Chairman Bailey- A letter went to Waltham today and, hopefully, they will be receptive to our request Growth Mr O'Connell informed the Board that he had received a copy of recent and Devel- legislation providing for a Growth Development Committee Each City and Town opment is to establish a Growth Policy Committee within one month, including Chair- Policy men of the following bodies Selectmen, Planning Board, Conservation Commis- Committee sion, Housing Authority, Department of Public Health, the City or Town Plan- ner, and five citizen representatives Also, each City and Town has to pre- pare a statement of growth management problems and priorities, responding to a 4; �e Selectmen's Meeting January 5, 1976 questionnaire from the Office of State Planning within six months He sug- gested that the Board might wish to give consideration to education, recrea- tion, and commercial business representatives as they were excluded from the list These could come under the five citizen representative, leaving the appointment of two citizens-at-large Chairman Bailey The Board has received a letter from the Historical Commission requesting that consideration be given to a member of their group Mrs Battin I agree that education and recreation should be represented, but do you mean a member of the School Committee and Recreation Committee or a person chosen by them? Mr O'Connell It could be someone close to or speaking for them. Mr Bailey We could ask the Recreation Committee to give a nominee, not necessarily a member of their committee Mrs Battin Also, ask citizens groups to respond with nominations, such as, Citizens for Lexington Schools, Friends of Recreation Chairman Bailey We will respond that we are prepared to cope with the establishment of this committee and we are looking for nominees from the boards and groups identified The Board agreed The Board approved Mr O'Connell's recommendation to appoint Mr Thomas Assessor- Wenham (Assistant Assessor) as a Town Assessor on an interim basis Mr F Mr Wenham William Smith's resignation was effective December 31, 1975, and Mr William L Potter will be out of town for two weeks This arrangement has the ap- proval of the Assessors and Town Counsel The Board discussed the Articles for the Warrant of the 1976 Annual Warrant Meeting Articles Upon motion duly made and seconded, it was voted to insert the follow- ing Articles in the Warrant for the 1976 Annual Town Meeting 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 required by collective bargaining agreements 6 Transfer of available Funds or E & D for supplemental appropriation to operating budget - (1976 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 11 Clean and maintain streams and brooks 12 Supplementary Appropriations (streets, sewers, drains, water mains or buildings) 13 Install Street Lights in unaccepted streets 534 Selectmen's Meeting January 5, 1976 Article , 14 Authorization and appropriation for land options and 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 - Marrett Road 22 Authorization and Appropriation - Trunk Sewers - Constitution Road 23 Authorization and Appropriation - Trunk Sewers - Hayes Lane 24 DPW equipment 25 Inflow infiltration study - Sewer System 26 Chapter 90 - Construction 27 Chapter 90 - Maintenance 28 Comprehensive drainage study 29 Development of Westview Cemetery 30 Community development needs - open space 31 Estabrook School parking area - drains 32 Flag pole on Battle Green 33 Revaluation 34 Installation of traffic signals - Worthen Road 35 Installation of traffic signals - Mass Ave. - Munroe School 36 Pedestrian crossing signal - Bedford St - Worthen Rd 37 Reimbursing subdividers 38 Harrington School ball field 39 Renovating Center Pool 40 Lighting baseball field - Center Playground 41 Tennis Courts - Diamond Junior High School 42 Private tennis courts - Turning Mill Rd area 43 Center Playground Tennis Courts - Charles F Gallagher, Jr 44 Conservation - Oak St Land 45 Conservation - Waltham St -West 46 Conservation - Waltham St -East 47 Conservation - Waltham St -Clematis Brook 48 Conservation - Clematis Brook & Hardy's Pond Waltham St. 49 Conservation - Land off Adams St 50 Conservation - Land off Coolidge Ave 51 Conservation - Land off Maple St 52 Conservation - Land off Bates Road 53 Conservation - Land along Route 128 c `.• j t)tJ Selectmen's Meeting January 5, 1976 111 Article 54 Conservation - Land off Wood Street 55 Conservation - Land - Tophet Swamp 56 Conservation - No Lexington Brook Land 57 Conservation - Land on Paul Revere Road 58 Conservation - Upper Vine Brook Land 59 Conservation - Land on Follen Hill 60 Conservation - Granny Pond 61 Conservation - Grassland Paper Street 62 Conservation - Conservation Fund 63 Noise Conditions 64 Abandonment of Old Way 65 Street Acceptances - Crescent Road 66 Street Acceptances - Briggs Road 67 Street Acceptances - Great Rock Road 68 Subdivision Streets - Hartwell P1 , Broodwood Rd , Fairfield Dr 69 Street Alteration - Clarke and Forest St 70 Appropriate money for filing fees 71 Drinking By-Law 72 By-Law change - Dog fines 73 By-Law change - Public Advertising 74 By-Law change - Trm. of off Appropriation Comm. 75 By-Law change - Eliminate mail notification TAMA 76 By-Law change - Police Dept. Manual Comm. 77 Amend Town Manager Act - Recreation Comm. appointments 78 Filling vacancies of T M.M. 79 Dissolution of Standing School Building Comm. 80 Establish Info and Policy Committee 81 TMM abstain from voting when self-involved 82 Group Insurance Policies 83 Accept statute on repair of unaccepted ways 84 Accept Sewer Easement from Temple Emunah 85 Accept land from Drummer Boy 86 Accept land from Lowell Estates 87 Return part of sewer easement to Mazza 88 Wood Street land to abutters 89 Planting requirement, Zoning By-law amendment 90 Brook setbacks 91 Additional "W" districts 92 Interim Wetland Protection Districts 93 Amendment of Section 37, Zoning By-law 94 Basement elevations 95 Regulations, condominium developments 96 Clarification, Zoning By-law re RD 97 Clarification re swimming pool regulations 98 Clarification re reference to Bldg Commissioner 99 Zoning change - Bedford St 100 No arrests between 5 00 P M. and 8 00 A.M. 536 Selectmen's Meeting January 5, 1976 Article 101 No pursuit at speeds in excess of 15 m.p h over limit 102 No person handcuffed unless necessary 103 No dogs 104 Police/community disputes 105 Tax Rate Warrant Chairman Bailey informed the Board that two bids have been received for Printing printing the Warrants for the 1976 Annual Town Meeting and the Presidential Primary, as follows Maran Printing Service, Inc , Arlington 10,000 Thirty-two page Town Warrant Books-$1,479; 10,000 Forty page Town Warrant Books-$1,952; 10,000 Presidential Primary Warrant Sheet-$256 Lexington Press, Inc , Lexington 10,000 Town Warrants at an esti- mated number of 32 pages-$53 00 per page; 10,000 Presidential Primary Sheet-$248 Chairman Bailey The quotations from Maran Printing would break down to $46 00 per page for 32 pages and $48 80 per page for 32 pages and $48 80 per page for 40 pages The Presidential Primary Warrant quotation is higher than Lexington Press but it is recommended that both warrants be printed by the same firm. Upon motion duly made and seconded, it was voted to award the bid to Maran Printing Service, Inc for printing the 1976 Annual Town Meeting Warrant- 10,000 Thirty-two pages at $1,479, 10,000 Forty pages at $1,952; 10,000 Presi- dential Primary Sheets at $256 Warrant The Board discussed the cost of mailing both Warrants at the same time Mailing and Mr Cohen, Town Counsel, advised that it would be legally proper to in- sert the one-page Presidential Primary Warrant in the Annual Town Meeting Warrant with a printed notice on the cover that it was included in the mail- ing This would eliminate a second mailing cost It was agreed to work out the details of an additional cost with Maran Printing Service YELP Chairman Bailey read a memorandum from Police Chief Corr regarding the Report report submitted by the YELP Steering Committee (Youth for the Education of Lexington Police) entitled "Lexington Youth and Lexington Police " Chief Corr states, "I have read the report submitted to you and the Board by the YELP Steering Committee entitled, 'Lexington Youth and Lexington Police ' I believe that it has created such an injustice to our department that I find it most important to not only refute what has been written but to also re- assure our citizens that the Lexington Police Department believes strongly in representing its community efficiently, professionally and in the common in- terest of all I believe that we have one of the finest police organizations anywhere and although we make mistakes we are willing to admit to them when- 537 Selectmen's Meeting January 5, 1976 ever we have been found to be in error I cannot, however, and will not, sit back and have any group of persons malign the department by deceitful, false and inept reporting or by raising issues and complaints without offering one shred of evidence to substantiate what is being alleged The whole report is based on one sided, uninvesti- gated reports and filled with innuendo and untruths The writer then proceeds to indict the whole police department using these reports as a basis for the same Constructive criticism is always welcomed However, under these cir- cumstances all our citizens should remember to judge the criticism and com- plaints by the people and the sources from which it originates Contrary to what might have been reported in this publication, I want the Board and the citizens of Lexington to know that we in the police department will continue to strive to give to the community as professional a Police De- partment as we know how During the past years a tremendous amount of effort has gone into the recruiting and training of its officers and I am convinced that this effort is the major reason why we have such fine personnel This is not to say that any less of an effort to further improve ourselves will be given in the future I believe in effective law enforcement and the protec- tion of our citizens and their rights, our police are given continual in-ser- vice training in attempts to stay abreast of a rapidly changing society and public relations is and will continued to be a priority area Police work is difficult at best and steady fair enforcement of the laws can sometime bring about feelings against the police I recognize and under- ' stand this phenomenon and make continual efforts to offset it I know that the great majority of our citizens recognize this possibility and understand why some of our residents might become visibly upset by our actions Never- theless, we will continue to enforce the law without favor and we know most of our Lexingtonians will understand and approve I would hope that our resi- dents will continue to communicate with our department so that we may continue to have their very necessary support and assistance At the convenience of the Board, I would welcome an opportunity to discuss this report with you or to explain our actions to any professionally accepted investigative group that may want to examine the integrity, training and per- formance of the Lexington Police Department " Chairman Bailey I was astounded to read a letter in the Minute-man from a member of our Board addressed to the citizens I didn't think a member of the Board had to defend their view If there is a problem and a solution forth- coming in time, the Board of Selectmen will have to provide the leadership It bothered me that you had to reach out for support. The following is a copy of the letter in the Minute-man "YELP comments to the editor I feel it important that the voters of Lexing- ton hear in full what I said at the Selectmen's Meeting December 15, 1975, in response to the YELP report I found it a very thoughtful, thorough piece of research which deserves careful consideration by the Selectmen and the townspeople While I would agree to have other groups study and make recommendations for either policy or procedures for its development, I concur strongly with the report that the responsibility for policy enactment and the monitoring of its II/ implementation rests with the Board of Selectmen Therefore, in response to the three recommendations in the report 538 Selectmen's Meeting January 5, 1976 I would like to make the following comments and suggestions: I Police/Community Relations The Community Relations Committee should assess in greater depth the present state of police/community relations, define the extent to which prob- lems exist, determine probable causes, and recommend solutions which may, in fact, differ from those in the report I do not feel that the other two recommendations properly fall within the purview of the Community Relations Committee II The formulation of police department policies and procedures manual: I agree with the recommendation of those presenting the YELP report that the Selectmen should appoint a special committee composed of Lexington's notable constitutional lawyers, interested citizens, representatives of the police de- partment including junior officers and members of community service organiza- tions to review the present police rules and regulations and to recommend to the Selectmen the areas in which broad public policies should be formulated and guidelines for their implementation should be developed. III Investigation of the Police Department: The ultimate responsibility for overseeing t e activities of town depart- ments does rest with the Selectmen; last year the ppropriation Committee did take us to task for not providing the necessary c tinuing management supervi- sion of the police department Finally I did note parenthetically that if, as cited by other members of the Board, there are inaccuracies in the report, the people who feel that they have been misquoted or misrepresented should and, I hope, will come forth In response to this Thursday's newspaper comment that nowhere in the YELP report 'does the writer indicate any reason to divide the blame (for police/community relations) with the youths, ' I would like to point out that youths' contribution to the situation is undergoing thorough review elsewhere in the community through the vandalism study of the Community Relations Com- mittee Therefore, I would like to call the attention of committee members and townspeople to the Final Report of the Arlington Committee on Vandalism submitted to the Arlington Selectmen on Monday, December 15 Since April, 1975, biweekly meetings have been held by a committee com- posed of representatives from the courts, the various town departments, the schools, service organizations and citizens Staff support was provided by Jean Miley, formerly of Lexington This Arlington Committee was charged with completing an investigation of the problem of vandalism and producing a com- prehensive plan for dealing with the situation Through the work of its five sub-committees on Schools; Clergy; Youth Opinion; Youth Advocacy; Police, Courts, and the Law, the committee not only defined the problem and the part all segments of the community play but also proposed imaginative solutions and suggested the roles all segments of the community should play in their implementation I found it particularly interesting to note that the police compiled profile of 'youthful offenders involved in malicious destruction to property charges' appears to refute the commonly held stereotypes about vandals The report is well worth reading and consideration should be given to adapting this method of study to Lexington Margery M. Battin, Selectman" Mrs Battin It concerned me that the emphasis in the Minute-man report of our meeting was on the strong statements of the majority of our Board that 5139 Selectmen's Meeting January 5, 1976 the report was not worth reading--they felt it was in fact junk I felt it important that the citizens read my entire statement in response to the YELP report This is a matter in which citizens other than the board are involved; for example, the town meeting will be asked to direct us to assume some of the responsibilities assigned to us by law--the establishment of police policies Therefore, while others who will be asked for action certainly do not have to agree with the report they should read and seriously consider it Mr Busa As member of the Board, I thought it was a political letter I read the YELP report in the Minute-man and it was headlined, and people had the opportunity to read and approve what was in the report I haven't seen any problem with youth in connection with the police department The YELP report was not a true report Dr Kassler I am surprised that a member of the Board is not able to make a strong statement; it was not inflammatory in any way and would not counteract our desire to get to the bottom of the issue I don't think any of us should be denied the right to turn to people in the town and say, "Wake up and read the report'" I think it was a good letter I don't want to feel that one of us can't express a dissenting opinion at anytime Chairman Bailey• I didn't mean that any member had no right to write a letter to the Minute-man I was puzzled as to why Mrs Battin had to write to the Minute-man, and she has answered in part I don't think it is our crusade at this time Mrs. Battin. I felt that as a candidate I had taken certain stands and that, therefore, I had a responsibility to my constituents to explain when a report of the Selectmen's actions had me appear to be at variance with what I had previously professed regarding the Selectmen as a Policy-making board. While I agreed with the remainder of the Board in referring the ques- tion of police-community relations to the community relations committee, I did not feel we should relinquish our responsibility to exercise leadership by referring the entire subject of the report to the C R.0 The last two recommendations are clearly the Board's responsibility Mr Bailey to Dr Kassler As far as the charge to the Community Rela- tions Committee, do you feel you have a reasonable handle on it? Does the problem described in the YELP report exist, and to the degree they infer? Dr Kassler This is essentially what I have asked my committee to look at, and we will be talking about steps to find out - "Do we really have a problem, one that is different from elsewhere in the country, and, if so, what is the magnitude of this problem?" Chairman Bailey If you decide there is a problem, is their approach and are their recommendations the right way to go? After your Committee finds out, come back to us Dr Kassler agreed Mr Kenney I am pleased that Chief Corr sent the memo, and I feel that he was maligned We said the report was "junk" and I still feet it is "junk " Chairman Bailey If the Board members want to pursue this further with him, Chief Corr would come over and talk with us Dr Kassler Chief Corr is a member of our Community Relations Com- ittee and we will be getting feedback from him III Chairman Bailey read a letter, dated November 21, 1975, from Mr 540 Selectmen's Meeting January 5, 1976 Drainage- Louis Elias of 25 TurningMill Road, regarding a catch basin overflow on 9 9 25,27,29 Turning Mill Road. He had tried to contact the Public Works Department to Turning learn the name of the contractor who cleans out the storm drain system on Mill Rd. their property His telephone calls to DPiqwere not returned Mr Elias questions whether the overflow which occurred two weeks ago was a temporary blockage of the town storm drain on Turning Mill Road or whether the free flow which is occurring now is temporary Chairman Bailey We referred the letter to the Public Works Depart- ment and requested that they contact Mr Elias to resolve the situation On December 15, we received another letter, signed by Mr Elias, Mr Theodore, and Mr Murdoch of 25, 27 and 29 Turning Mill Road, stating that the problem became especially severe because the drainage system installed on their property was blocked It was the severity that prompted them to locate the sources of the extensive surface water and to consider long-term solutions They believe that the drainage system on their lots has been serving as the route for collection of water draining all the way back to Patridge Road It appears that the construction of a main feeder sewer line from Partridge Road to Turning Mill Road in 1973 had contributed to the prob- lem of diverting water which at one time collected on the surface in the brushland between Partridge and Turning Mill They requested the Town's assistance in diverting this large amount of water before it reaches the private drainage system by the installation of a catch basin and connection to an existing drainage line between Partridge and Turning Mill The Town may wish to consider using their existing private drainage system rather than new construction since the alternative may be less costly If so, they believe the Town should be involved in the maintenance-flushing, catch basin cleaning, which have become an inappropriate burden for the three residents since the private drainage system serves as a community drainage system. A report from Mr McSweeney, Director, DPW/Engineering, states that DPW went to the site to check for possible plugging of the Town drainage system in Turning Mill Road and flushed the lines; this showed nothing wrong with the Town's system. An attempt was also made to unplug the private drainage system, which could not be done without extended effort. The resi- dent of 29 Turning Mill Road was informed that the problem system was not Town-owned and, therefore, the employee was not authorized to fix it The Engineering Department also went to the site and reported the system to be privately owned, not maintained, plugged with debris, and constructed of sub- standard materials Also, in reply to Mr Elias that his telephone calls were not returned, Mr Empey of the Public Works Department had several calls to and from Mr Theodore of 27 Turning Mill Road, which led to a meeting at the site Therefore, it was assumed that he was the spokesman for the group involved and the return of any calls to Mr Elias was unnecessary A memorandum from Mr McSweeney, dated January 2, 1976, states that as a matter of policy, the Town of Lexington assumes no responsibility for the correction of drainage problems in any area except for those within the publicly held domain Because the land at 25, 27, and 29 Turning Mill Road is privately held, this department must reaffirm Town policy and state that - the difficulties alluded to are those of the property owners and are correct- able only by them The Town will, however, upon request in writing grant 54' Selectmen's Meeting January 5, 1976 permission for privately constructed drainage systems to tie into Town-owned system under specified conditions In this instance, we must assume there are two requests The first is for the construction of a new catch basin, which we recommend the Board ap- prove provided the owners agree to our conditions The second request is for acceptance of the residents' system which ties into that belonging to the Town on Turning Mill Road While we are aware of its existence, we have no record of such and therefore must con- sider that it is illegally connected Further, its design and construction standards do not conform to those of the Town Chairman Bailey- This condition came about because of the developer? Mr McSweeney- Yes Turning Mill Road has unique landscaping and there is a downhill/sidehill type of action Chairman Bailey The addition of the new catch basin wouldn't be too expensive for them? Mr McSweeney- Done by a private contractor, the cost would be minimal compared to the problems they have Chairman Bailey The problem is within their privately owned lines? Mr McSweeney Yes, and it is not backing up from the Town lines; after two investigations, it was found to be in private lines Chairman Bailey• Then the Board has no objection to them adding the new catch basin? Mr Cohen The three owners would have to agree that the Town will not be responsible for maintaining it Mr McSweeney Right If, at any time, this system should back up - if something should happen in our lines - that's why the owners have to sign a "save harmless" statement which will absolve the Town from any form of liability whatsoever arising from the failure of the Town's drainage system. Mr Kenney- Their letter said that the Town has certain liabilities and they want us to correct it and the Town take over the drainage line Is it understood that this is not what we are going to do? We are proposing to alleviate the problem. Chairman Bailey- Now that we know they are tied in illegally, we can bless the marriage or not. Mr Kenney We can bless the marriage but we do not have to adopt the children. Mr Cohen. A meeting should be arranged with the three owners Mr McSweeney agreed to set up the meeting to discuss the present tie- in with the existing system and the installation of a catch basin It was agreed to write to Mr Elias, 25 Turning Mill Road, outlining the following determinations of the Board 1 The Town drainage system on Turning Mill Road into which the private system drains is in excellent shape and has no block- age or unusual restrictions 2 It appears that the private drainage system has not been proper- ly maintained and is apparently clogged with debris 542 Selectmen's Meeting January 5, 1976 3 The Selectmen would consider granting permission for the installa- tion of a new catch basin at the upper edge of the property at 25 Turning Mill Road under the following conditions (a) The private system would be properly engineered (b) Construction is to be done to Town standards and at no expense to the Town (c) The owner(s) agree to sign a "save harmless" statement prepared by Town Counsel which will absolve the Town from any form of liability whatsoever arising from the failure of the Town's drainage system. 4 The Town's position relative to the existing drainage system will be reviewed This situation is complicated by the fact that the system is probably illegal in that no records exist showing that permission was granted to tie the system into the Town's drains Hopefully, this situation will be clarified in the near future We would caution you that no modifications to the existing pri- vate system should be made without first discussing with the Director of Public Works/Engineering I Traffic - Chairman Bailey read a report from the Traffic Safety Committee in Marrett Rd.response to a letter from Mrs Margaret Hartery, 12 Cary Avenue, request- Middle St ing a caution light or curve sign on Marrett Road near Middle Street, stating that the Engineering Department had investigated and reports that the area is properly speed-zoned and signed; there are no horizontal or vertical geometric defects or deficiencies in this section Excessive speed, which no amount of lights or signs will eliminate, appears to be the only element of danger present in this area. When driven at the posted speed, this roadway presents no unusual hazards The Police Depart- ment has assured the Committee that strict speed limit enforcement will be maintained Therefore, it is the Committee's recommendation that the Town take no action on Mrs Hartery's request However, since Marrett Road is a State highway, Mrs Hartery may wish to contact District #4 regarding her request Chairman Bailey If this is a State highway, could we have done any- thing? Would we have to go to District #4? Mr McSweeney Yes Dr Kessler This is a very dangerous interesection if you have to go from Marrett Road to Middle Street I am surprised that the Traffic Safety Committee has not recognized the problem. Mr Kenney The report says that it is properly signed How is it? Mr McSweeney- There is a speed zone sign and a curve sign. We have alerted the Crossing Guard that people travel at high speed There is poor sight distance, poor visibility Dr Kessler I think Mrs Hartery's concern is valid Mr Busa I think we should be the proponents and send a letter to the State i4:3 Selectmen's Meeting January 5, 1976 Mr Bailey- All the things that we could do havebeen done but we shall send a letter to District #4 and reply to Mrs Hartery that we are asking the State Highway Department to conduct an independent survey of this loca- tion and advise us of their opinion The Board agreed. Chairman Bailey requested the Board to sign an agreement with Boston Police Edison Company for a police spotlight at Wood Street Spotlight- Upon motion duly made and seconded, it was voted to sign the agree- Wood St ment for the installation and maintenance by the Town of Lexington for a police spotlight and necessary apparatus for operating it on Edison Company pole #115-58/1 Wood Street, as follows "This agreement by and between Boston Edison Company, a corporation hereinafter called the Company, and the Town of Lexington, a municipal corporation hereinafter called the Town; Witnesseth that; Whereas, the Town desires to attach a police spotlight and the neces- sary apparatus for operating the same to a pole solely owned by the Company, Now therefore, it is agreed as follows 1 The Company, insofar as it is legally may, hereby license and per- mit the Town to install, at the expense of the Town, and to maintain a police spotlight and the necessary apparatus for operating the same on the Company's III pole numbered 115-58/1 located on Wood Street, as shown on plan A-470D attached hereto, the same to be installed and maintained in accordance with the National Safety Code and with the approval of the Engineers of the Com- pany 2 The Town agrees that it will indemnify and hold harmless the Com- pany, from and against all damage and claims for damage which may be the result, directly or indirectly, of the installation and maintenance of said spotlight and the necessary apparatus for operating the same, and for the removal of same and the Town further agrees that any agreement of indemnify now existing or hereinafter made whereby the Company agrees to indemnify the Town against liability due to the installation or maintenance of said pole shall not include loss, cost, damage or expense due to the installation, maintenance, operation or removal of the construction for which permission is herein granted 1 3 This license and permission may be terminated by thirty days notice in writing given by the Company, to the Town and the Town shall, within the periods specified in said notice, remove said spotlight and the necessary apparatus for operating the same from said pole and restore said pole to the condition in which it was before the same was installed In witness whereof the parties have executed this instrument in dupli- cate this 5th day of January, 1976 " Chairman Bailey read a letter from Mr John F MacNeil, Insurance, Insurance- Lexington, requesting a census of the employees of the Town of Lexington Mr MacNeil for the purpose of competing for the group life and medical insurance III programs 544 Selectmen's Meeting January 5, 1976 Chairman Bailey As the Board will recall, Mr MacNeil has peti- tioned in previous years for the information and he has been told that it is available at the Arlington Five Cents Savings Bank We do not have Town employees available to compile it for him Mr John MacNeil I asked the Town Manager for the material and I would supply the employee to do the copying If possible, I would like you to see what the competition can do The Town Treasurer could supply the material to be copied but the Town Manager said that this would not be allowed Mr O'Connell I disagree with this statement made by Mr MacNeil, which is not consistent with Mr Kenney's letter of June 6, 1974 (Regard- 1 ing the life insurance, we understand that Mr O'Connell informed you that you were welcome to bid but that the gathering of statistical informa- tion would be up to you We do not have this data readily available at this time and it would have involved a considerable amount of immediate work to compile it Therefore, the Town Manager has renewed with the Arlington Five Cents Savings Bank, and the Board concurs in this decision) I ver- bally said that if Mr MacNeil sent people in here and to the Arlington Five Cents Savings Bank, any information the Town has in its records is available but the insurance agent would have to supply the labor to com- plete it I don't think we should tell the Arlington Five whether they should furnish information to agents I explained to Mr MacNeil that if he furnishes the people, he has access to our payroll records and he would have to put together the information which he would place his bid. If the Town wanted to solicit bids, we would have to get the information. Mr MacNeil Mr O'Connell said that I could go to Blue Cross/Blue Shield for material; neither of them would supply it unless you folks re- quested it I can't make the census without it and when my office called, we were told the material is not available Chairman Bailey This is not a hearing Any records in the Town Hall will be made available to the person supplied by you Mr O'Connell Part of the problem is that we do not have a central place and we can't direct a person to any one place This is the un- fortunate part of the problem and that is why it is so much work Mr MacNeil I have no objection I would like to see the public records of employees, including their ages, sex, etc Mr O'Connell I would point out that I have no control over the Board of Retirement records Mr Busa Public records pertaining to family matters should be held as private Chairman Bailey All Mr MacNeil requires is age, salary level, family status (and/or children) ; these are items in the public domain It is unfortunate that we don't have the records systematized to date but you can have that which we have referred to tonight Mr MacNeil Thank you Ambulance Chairman Bailey read a letter from Mr Medardo Collina, 7 Ellison Road, Abatement- requesting assistance in payment of his ambulance bill He was sent a bill Collina for $25 00 ; Medicare paid $11 20 and there is a balance of $13 80 Due to111 adverse circumstances, Mr Collina is unable to pay the balance 545 Selectmen's Meeting January 5, 1976 Upon motion duly made and seconded, it was voted to abate the ambu- lance bill of Mr Medardo Collina, 7 Ellison Road, for ambulance service on October 22, 1975, for the balance amount of $13 80 Chairman Bailey discussed the recent Act passed by the Legislature Insurance- to authorize the Town of Lexington to rescind the vote of the Board of Retired Selectmen on February 28, 1972 relative to the payment of certain costs Teachers for group life and health insurance coverage for retired teachers Mr Bailey We voted in 1972 to have such insurance transferred to the State for the convenience of premium withholdings, with the Town making payment of 50 percent of the premium, a portion of the administrative ex- pense and the payment of a subsidiary or additional rate to be paid by the Town Mr Perry advised us of the escalated costs and recommended that we would save money by having it put back under the Town of Lexington We had an Article in last year's Warrant to petition the Legislature and Representa- tive Cole was successful in accomplishing it Upon motion duly made and seconded, it was voted to rescind the vote of the Board of Selectmen on February 28, 1972 to accept G L. Chapter 32, Section 11E-Retired Teachers' Group Life and Health Insurance Such vote is in accordance with the Legislative Act approved on December 1, 1975 regarding Chapter 739, Acts of 1975, "An Act Authorizing the Town of Lexington to Rescind its Acceptance of the Law Relative to the Payment of Certain Costs for Group Life and Health Insurance Coverage for Retired Teachers " Chairman Bailey read an application from Big W Trans, Inc , Ashland, Com.Carrier for a common carrier license Big W Trans Upon motion duly made and seconded, it was voted to issue a Common Carrier license to Big W Trans, Inc , P 0 Box 321, Ashland, for trans- portation of passengers for hire by motor vehicle along Route 128 in Lexington from the Waltham City line to the Burlington Town line, non- stop (Renewal) Chairman Bailey informed the Board that Howard Johnson's has re- Com.Vict quested that permission again be granted for 24-hours a day, 7 days a week. Howard Upon motion duly made and seconded, it was voted to grant permission Johnson's to Howard Johnson' s, Route 2, to operate 24 house a day, 7 days a week, under the Common Victualler license expiring December 31, 1976 Chairman Bailey read a letter from Mr Wilbur M. Jaquith, Chairman War Mem'l of the Historic Districts Commission, stating that the Commission had Battle discussed replacement of the existing marble tablet on the Revolutionary Green War Monument on the Battle Green with a new tablet of Barre granite, sample of which was submitted for consideration by Mr McSweeney, DPW Director It was the informal opinion of the Commission that the use of a granite tablet to replace a 140-year old marble tablet (which replaced the original slate tablet erected in 1799) would be inappropriate for the purposes of the Historic Districts Act The sense of the matter was 54G Selectmen's Meeting January 5, 1976 that, if the existing tablet is to be replaced, the new tablet should be slate which would not only be of the same original material but also conform more closely than Barre granite to the materials in use at the time the monument was erected. For your consideration, we will obtain some pictures of the new slate tablets which have recently been installed at the Old Granary Burying Ground in Boston The Commission would be glad to meet with your Board if you wish to discuss it with us Mr O'Connell Slate is relatively soft now and, in comparison with other materials, it would have a short life Mr McSweeney could get us a recommendation on the life of slate Mr McSweeney agreed A letter is to be written to the Historic Districts Commission that the Selectmen are giving the matter further consideration and will be in contact with them shortly Battle Chairman Bailey read a letter from Mr Edward J Sheldon, 31 No Green Hancock Street, recommending that the light pole behind the Minute Man Pole Light statue be removed for aesthetic and safety reasons Mr McSweeney It has already been decided to remove it and the order has been given to the Boston Edison Company Mr Sheldon is to be so informed. Executive Mr O'Connell announced that he had two personnel items for Execu- Session tive Session. Upon motion duly made and seconded, it was voted, 5-0 by roll call vote, to go into Executive Session for the purpose of discussing strategy with respect to collective bargaining and for discussing the reputation and character of an individual After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 9 45 p m. A true record, Attest Executive Clerk, Selectme�i 547 SELECTMEN'S MEETING January 12, 1976 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, January 12, 1976, at 7 30 p m. Chairman Bailey, Messrs Kenney, Busa, Kassler, and Mrs Battin; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr Chase and Mr Martin, Engineers; Mrs McCurdy, Executive Clerk, were present Chairman Bailey opened the hearing upon the petition of the Boston Conduit - Edison Company for the installation of 30 feet of conduit on Bedford Street Bedford St to service Tektronix, Inc Hartwell Notices of the hearing were sent to abutters, as listed on the peti- Avenue tioner's plan, and also filed with the Public Works Department Mr Louis Pratt, representative of the Boston Edison Company, was present Chairman Bailey read a report from Mr John McSweeney, Director of Public Works, recommending that approval be granted as the installation had been completed on an emergency basis Mr Pratt This petition is for the installation of this conduit in order to provide service to Tektronixs No one else appearing in favor or in opposition, the hearing was de- ll Glared closed Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison for the following location of conduit Bedford Street, approximately 235 feet southeast of Hartwell Avenue a distance of about 30 feet Chairman Bailey opened the hearing upon the petition of the Boston Guy Wire & Edison Company and the New England Telephone Company for the installation Anchor - of guy wire and anchor on Pole 2/1 located approximately 95 feet north of Allen St Waltham Street Waltham St Notices of the hearing were sent to abutters, as listed on the peti- tioners' plan, and also filed with the Public Works Department Mr Louis Pratt, representative of the Boston Edison Company, and Mr Roland Pinault, representative of the Telephone Company, were present Chairman Bailey read a report from Mr John McSweeney, Director of Public Works, recommending that approval be granted for this location Mrs Vera Crone, 634 Waltham Street, was present and asked where the guy wire and anchor would be located Mr Pinault The pole is already there and the anchor guy will go in the grass area Mrs Crone There is a line that goes across my property to that pole Mr Pinault That will be eliminated Mrs Crone You say that will be eliminated but what about the Edison line? Mr Pratt was unable to answer 543 Selectmen's Meeting January 12, 1976 Upon motion dulymade and seconded, it was voted to table the peti- tionPP pending further information from the Boston Edison Company and the New England Telephone Company regarding the utility wires crossing Mrs. Crone' s property Prec 3 Mr O'Connell reported that he had investigated the possibility of Polls changing the Precinct 3 polling place from the Bridge School, as requested by the Minuteman Associates They had submitted two proposals; the basic one was to shift from Bridge School to the Bowman School, but they were not aware that Bowman is being used as a Precinct 2 polling place We looked at the Franklin School but questioned the availability of parking; also, on Election Day, the school could not use the gymnasium for classes Chairman Bailey Why use Franklin rather than Clarke Junior High? Mr O'Connell In our original communication to the School Committee, they asked us to avoid using Clarke because of the increased traffic Miss McDonough has called to our attention that the election laws say if there is a location change of a voting place, the Selectmen shall cause the printing of the change to the determined place and shall give notice by mail to people in the precinct. I asked Town Counsel if he felt that the precinct locations given in the Warrant would suffice, and he felt it should However, Miss McDonough feels that unless much advance notice is given, people will go to the original polling place. Does the Board want to do it now or take more time to provide additional publicity for the next one? The Board agreed to defer action at this time and to continue the 111 Precinct 3 voting place at the Bridge School, and to so inform the Minute- man Associates Police Mr O'Connell recommended approval of the Board to request a transfer Transfer from the Reserve Fund to the Police Department in the amount of $3,800 Request This represents proposed emergency improvements in the Police DeOartment firing range dealing with the problem of lead poisoning This action is the alternate to what we discussed in the Capital budget Up to $50,000 could be involved in replacing the entire ventilating system. This pro- posal would increase the amount of ventilation and would suffice for the next few years The question was raised as to how we would determine the results, and Dr Aldrich of M I T will take periodic blood samples to see if there were any indication of a problem. Upon motion duly made and seconded, it was voted to approve the re- quest to the Appropriation Committee for a transfer from the Reserve Fund to the Police Department in the amount of $3,800 Mr Cohen, Town Counsel, left the meeting Min Man Mr O'Connell discussed the budget proposal submitted by thje Minute- Regional man Regional School Committee for FY 77 School After discussion, the Board agreed to inform the Minuteman Regional FY 77 School Committee that the proposed amount of $3,223,132 was consistent Budget with an estimate of 1,200 pupils However, if enrollments are less than 549 Selectmen's Meeting January 12, 1976 1,200 pupils, an appropriate proportion of the total operating budget could be relegated to the school's E & D account for application towards the following year's operating budget or, if time permitted, this year's budget could be reduced Mr Cohen returned to the meeting The Board agreed to schedule a meeting on Saturday, January 24, at Budget 8 30 a.m. Arrangements will be made to invite the Appropriation Committee, Meetings Capital Expenditures Committee, Recreation Committee, Conservation Commis- sion, and the Planning Board to attend On Saturday, January 31, the Appropriation Committee and the Personnel Advisory Board will be invited to attend the meeting Mr O'Connell submitted a lease from the Boston Edison Company cov- Bos.Edsn ering the Hartwell Avenue sanitary landfill Upon motion duly made and seconded, it was voted to table the item covering the Boston Edison lease Mr Cohen informed the Board of a 21-page finding in the case of Sellars Hazel L Sellars vs Town of Lexington Mr McSweeney has spent over ten vs Town days in court during the trial, and I can't praise him enough for his efforts and all the time expended on his part Mrs Sellars claimed that the sewer pipe that was installed was not put in properly The finding of the Master was that the plaintiff had not satisfactorily shown burden of proof and, therefore, finds for the defendent Chairman Bailey read a letter from Dr William A Fraenkel, 9 Mason Fraenkel Street, requesting that the Board reconsider the order of December 24, Dog 1975 that included the condition that his dog, "Shep," is not to be tied to a chain outside as it could break Dr Fraenkel requests that the dog be attached to his outside chain as it is embedded in the ground, is of extra heavy duty steel and unbreakable The Dog Officer has already in- spected and approved our outside chain and favors the Bark Training Collar Also, the dog is under constant supervision by the family when he is on the outside chain Dr Kessler This was the first offense of this seriousness, but one thing we didn't go into was the fact that the dog does lunge at people that go by This is frightening and disturbing My own feeling is that we bent over backwards to allow them to keep the dog, and I don't think it punative to allow them to keep the dog in the pen There are ways of en- larging it if they wish. I don't think we should change our order Mr. Busa I concur I believe this is the only case brought before us but that dog attacked To me, a dog that vicious should not be allowed out To me, it is a wild animal Dr Kassler• If they want to exercise the dog, they can enlarge the pen The dog does have a history of coming to a full, dead run at people 1 that go by I would feel uncomfortable about changing the order 550 Selectmen's Meeting January 12, 1976 Mrs Battin agreed Mr Kenney, also 1 Chairman Bailey I will write to Dr Fraenkel that the Board agreed unanimously that the original order of December 24, 1975 regarding the dog, "Shep," will stand as originally promulgated. Turning Chairman Bailey read a letter from Mrs Iris G Wheaton, P4esident of Mill the North Lexington Association, requesting that the Board giveconsidera- Sewer - tion to alleviating the flooding condition along both sides of the Turning Flooded Mill sewer line between the Edison power lines and Turning Mill Road. It Area was suggested that very wide swales be scooped along the entire raised sec- tion of the sewer line to allow unrestricted flow of the currently trapped water to the lower swamp areas Extensive culverting is another possibility, however it would be more expensive; visually not as appropriate with the nat- ural setting; an invitation to more mini-bikers to use the area as their trail After discussion, it was agreed that Mrs Wheaton, Mr Chase-Town Engi- neer, and Mr Prentiss-Conservation Administrator, walk that area of the trunk sewer easement near Turning Mill Road some time in the spring when the snow has cleared After receiving a joint report, appropriate action will be taken by the Board Sewer - Chairman Bailey read a letter from Dr Bernard S Yudowitz, dated Wild Acre December 4, 1975, petitioning the Town for a sewer connection f r the Inn Lexington Wild Acre Inn at 50 Percy Road Chairman Bailey We have received reports from Mr McSweeney, Direc- tor, DPW/Engineering, and Mr Smith, Health Director The report from Mr McSweeney states that the Wild Acre Inn is located at 50 Pe cy Road, more commonly called the Percy Road extension of Wild Acre Inn ad, approxi- mately 250 feet from the intersection of Highland Avenue A sec nd struc- ture is located approximately 150 feet beyond the Inn, with threle vacant lots also fronting on the street The status of this portion of Percy Road is unaccepted but open to public travel, although its appearance is more like a driveway Any proposal to provide sewerage to the Inn should in- clude a means of sewering the second building, know as 52 Percy Road Using this criteria, there are two solutions for sewering these properties, neither of which are particularly desirable from the Town's point of view The first possibility would require a pumping station, approximately 400 feet of force main and 150 feet of gravity sewer, estimated to cost between $30,000-$60,000 depending on the type of pumping system used For budget purposes, we would carry a figure of $40,000 using a pneumatic ejector-type pump The second alternative is to construct a gravity sewer crjoss-country to Sherburne Road We estimate this cost at $38,000, assuming nb major soils problems are encountered In view of the estimated costs, the nature of the anticipated construc- tion and the inherent problems associated with pumping, we would recommend that Dr Yudowitz seriously explore all possible alternatives such as, re- placement of septic tanks and leaching beds, or installation of a private service and ejector pump to service his property only Should the cost of a private solution be unrealistic or unfeasible, then we would recommend inclusion of $40,000 in the FY 78 budget to service these properities _ - )51 Selectmen's Meeting January 12, 1976 The report from Mr Smith states that the conditions created by the overflowing septic system at the Wild Acre Inn constitutes a health hazard condition, which necessitated the Board of Health to require Dr Yudowitz to petition for a sewer connection Mr McSweeney's report on the situa- tion and its inherent problems appears to be well defined However, the Board of Selectmen should be aware that the alternative presented by Mr McSweeney relative to replacing the present subsurface disposal system is unacceptable due to the coil conditions of the site, the physical limita- tions of the property and the size of the system needed to serve the Wild Acre Inn population If the Selectmen find there is no Town responsibility to sewer this property, the next acceptable alternatives would be (1) the installation of a private service and ejector pump, subject to plumbing code requirements; (2) condemnation of the property as unfit for human habitation As an interim measure Dr Yudowitz is operating the Wild Acre Inn under an order from the Board of Health to pump the existing system at intervals frequent enough to prevent any health hazard condition from existing system overflow. This method of alleviation can only be considered as an interim procedure and will become less and less effective as variable conditions such as soil saturation, water table conditions, and input into the system further degrades the present method of disposal Mr Chase, Town Engineer, informed the Board that it would cost approxi- mately $20,000 for Dr Yudowitz to privately construct a sewer connection to 50 Percy Road, and approximately $40,000 for the Town to construct a con- nection to 50 and 52 Percy Road, plus three vacant lots The Board agreed after discussion that Dr Yudowitz should continue to fre- quently pump the system and to encourage him to further consider the ad- vantages of undertaking a private sewer project Also, to inform him that the Board will review the situation later in the year for consideration in the FY 78 capital budget, and Mr McSweeney and Mr Smith will be willing to cooperate with Dr Yudowitz in the evaluation of any unexpected developments and report back to the Board Chairman Bailey read a recommendation from Mr William Page for the CATV Appt appointment of Dr Peter Shapiro, 11 Wachusett Drive, as a member of the Advisory Committee on Cable Television Upon motion duly made and seconded, it was voted to appoint Dr Peter Shapiro a member of the Advisory Committee on Cable Television to fill the vacancy caused by the resignation of Mr Ira Stephenian Upon motion duly made and seconded, it was voted to certify the char- Cert of acter of Mr John Talmage, 3 Fourth Street, Lexington who has applied for Incorp a certificate of Incorporation, "The Bay A's", Inc Chairman Bailey read an application from Porter & Desmond, Woburn, to House Move move a house from 338 Lexington Street to 478 Lowell Street, Lexington Woburn to A report from Mr McSweeney, Director, DPW/Engineering, states that Lexington his department, including Mr Paul Mazerall, Tree Warden, has checked 111 the route and recommends that the Board grant permission for the move, subject to conditions 552 Selectmen's Meeting January 12, 1976 Upon motion duly made and seconded, it was voted to grant permission to Porter & Desmond to move a house from 338 Lexington Street, Woburn, to a new location at 478 Lowell Street, Lexington, 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 licensee shall procure and maintain during the life of the per- mit, general liability insurance with coverages for bodily injury and property damage liability A copy of the insurance certificate must be submitted to the Town of Lexington along with the bond before the permit will be issued 3 The licensee shall be required to provide uniformed police officers for traffic control, etc 4 The mover shall contact and meet with a Department of Public Works Representative and Mr Paul Mazerall, Tree Warden, prior to the issuance of a permit 5 The licensee shall be required to furnish evidence of a peirmit from the Mass Department of Public Works since Woburn Street is a State Highway In addition, we will require written evidence ofl approval from the Lexington Police Department, Fire Department, Boston Edison Company and the New England Telephone Company Auctioneer Chairman Bailey read an application from Mr John B Lisle, 60 Tarbell License Avenue, for an Auctioneer's license to auction by mail or by public auction stamps and related philatelic, historical properties Mr Lisle has been a resident for more than one year, and a report from the Police Department states that, after investigation, there is no reason why the Auctioneer's license should not be issued Upon motion duly made and seconded, it was voted to issue an Auctioneer's license to Mr John B Lisle, 60 Tarbell Avenue, expiring March 131, 1976 Collina Chairman Bailey requested the Board to sign the forms for the abatement Ambulance of the ambulance bill of Mr Medardo Collina in the amount of $13 80, in Abatement accordance with the vote of the Board on January 5, 1976 Water Chairman Bailey read a request from the Director of Public gorks/ Abatements Engineering to abate water bills sent to residents Upon motion duly made and seconded, it was voted to sign the abatements for the following water bills James Breitmaier 8 Minola Road $112.50 C M. Vlajunac 33 Sherburne Road 91.45 Frank Kavanaugh 37 Sherburne Road 75.15 F Scott Carpenter 33 Simonds Road 81.55 Dr William Graham 21A Muzzey Street 2.70 John G Harris 76 Blake Road 11.25 Elisabeth Silva 17 Cottage Street 53 10 Cosmo Pococco 8 Ingleside Road 126 00 William A Moseley 7 Appletree Lane 21 15 Selectmen's Meeting January 12, 1976 George E Williams 18 Kendall Road 33 75 Francis Bradley 6 Farcrest Avenue 42 65 Russell Bean 2300 Massachusetts Avenue 27 00 Philip Corcoran 12 Nickerson Road 36 00 Carl Blake 4 Wachusett Circle 4 95 The Board discussed polling hours for the Presidential Primary Presidential Upon motion duly made and seconded, it was voted to set the polling Primary hours for the Presidential Primary on March 2, 1976 at 7 00 a.m. to 800pm. Chairman Bailey informed the Board that notice has been received, by Sel /Mgr/ certified mail, of the cancellation of the Selectmen/Town Manager insurance,Insurance for underwriting reasons, from the Market Insurance Company of Chicago, as of February 9, 1976. A subsequent letter from our broker, Alexander & Alexander, states that we may make application to them and they will solicit replacement proposals to coincide with the cancellation date Regarding this, a telephone quotation was given $15,975-3 years prepaid; $5,858-annual installments; short-term policy from February 9, 1976 to July 1, 1976- $2,273; refund on previous policy of $1560-$605 Mr O'Connell was requested to talk with Mr Norman Stolz of Brewer and Lord to see if this type of insurance is available from them. The Board agreed to sign the application to Alexander & Alexander, with the understanding that this action is for the purpose of receiving quotations for comparison purposes Chairman Bailey read a letter from Attorney George L Bernstein re- Taxicab garding the Lexington Transportation Co , Inc , formerly the Lexington Licenses Cab Co , Inc The letter states that the Lexington Cab Co , Inc ceased operations and surrendered all of its assets to the Tanners National Bank in Woburn in accordance with the provisions of Security Agreements that the Bank had on its assets The Bank determing that it was necessary to con- tinue the operation of the taxi business so as not to interrupt taxi ser- vice during the period that the sale of assets was completed, entered an arrangement with Lexington Transportation Company, Inc whereby they would continue the operations while a private sale of assets could be arranged The private sale has now been arranged and should be completed very shortly Therefore, the re-issuing of the taxi licenses to Lexington Transportation Co , Inc Would permit transfer of the Lexington Taxi operation to that corporation without interruption of service to the public On January 7, 1976, Mr Alan T Aronson, President of Lexington Trans- portation Co , Inc , submitted a request for licensing 13 vehicles to be used as taxis; all vehicles are marked taxi, with roof-lights and signs, and are all set up for metered operation of fares Mr Cohen I talked with Mr Bernstein and requested that he write the letter of explanation to the Board It appears there is going to be a court order to take over In the meantime, these licenses can be issued Upon motion duly made and seconded, it was voted to issue licenses for Lexington Transportation Co , Inc taxicabs with the following registration 554 Selectmen's Meeting January 12, 1976 numbers (the address is P 0 Box 125, Lexington) expiring May 11, 1976 5453 5454 5459 5467 5455 5460 5456 5462 5464 1943 5463 5465 5457 Grey Chairman Bailey read a letter, dated December 12, 1975, fro$n Sister Nuns Camille Noel, President of The Grey Nuns Charities, Inc , notifying the Town of their plans in early January to release for sale their property at 20 Pelham Road, 13 Pelham Road, and 6 Eliot Road We wrote tp our agencies and have been informed by the Planning Board, Conservation Com- mission, Lexington Housing Authority, and the School Committee tat they have no interest in these properties Dr Kassler e have a use for them but there is no availa_ple money The Board agre d to write to Sister Camille Noel thanking har for alerting the Town a an early date as to the availability of the Grey Nuns' properties bu there appears to be no basis for the Town ti open negotiations cone ing them. Resignation Chairman Baile read a letter of resignation from Mrs Hildagarde Town Celeb McGonagle as a member of the Town Celebrations Committee Upon motion duly made and seconded, it was voted to accept, with regret, the resignation of Mr Hildagarde McGonagle as a member pf the111 Town Celebrations Committee Street Chairman Bailey reminded the Board to attend the street hearings Hearings scheduled for Tuesday, January 13, 1976, in Estabrook Hall Warrant Chairman Bailey discussed the printing of the Warrant for tie Presi- Printing - dential Primary on March 2, 1976 We awarded the bid to Maran Printing Pres Pri- Service, Inc for $256, with the understanding that an additional amount mary would be involved for inserting this single printed sheet in theiAnnual Town Meeting Warrant for the purpose of eliminating a second mailing cost We have received the revised quotation of $308 Upon motion duly made and seconded, it was voted to approve the re- vised amount of $308 for the printing of the Warrant for the Pre0idential Primary by Maran Printing Service, Inc Policy on The Board discussed the policy on custodian's fees to be charged for Custodian's the use of Cary Hall and Estabrook Hall by organizations in the Town Fees for Chairman Bailey In general, we charge a fee but we should discuss Use of private organizations using the facility For example, the League of Cary Hall Women Voters has reserved Estabrook Hall on January 14 for an inEormational meeting regarding candidates for Town election; does the League pay for the custodian? The Board agreed that there would be no charge to the League of Women Voters as the meeting is an informational Town function on localjssues �4 0✓ V'1 J 0,) Selectmen's Meeting January 12, 1976 Upon motion duly made and seconded, it was voted that there would not be a charge for a custodian's services when a private Town organization uses Cary Hall or Estabrook Hall for a meeting concerning the public in- terests of the Town. The Board agreed to sign the All Alcoholic Beverages Club liquor Elks Club license for the Elks Club, showing the extension of hours on Mondays through Thursdays from 5 00 p m to 12 00 Midnight (previously 11 00) as voted on December 8, 1975 Mr O'Connell and the Board discussed the following expense budgets Expense Budgets Account #3800 - Police Department Agreed Item #550-Public Safety Mr O'Connell $1,000 covers the purchase of guns for three new men at $450 (this includes a shotgun as the one we have is 30 years old) , replacement of electrictype siren at $275, plus items such as handcuffs, etc $118,600 #4150 - Fire Department 60,500 #5000 - Public Works Office 7,800 #5150 - Engineering Department 3,950 #5250 - Building Maintenance (Agreed to $1,000 under sub-item (b) of Item 373-10 to replace roof slates on Cary Memorial Bldg , Town Offices and Police Department 121,000 #5400 - Highway Maintenance 116,590 #5450 - Road Machinery 126,720 #5500 - Snow Removal 94,000 #6000 - Parks 29,000 #6400 - Cemetery Expense 5,415 Upon motion duly made and seconded, it was voted by a 5-0 roll call Executive vote to go into Executive Session for the purpose of discussing a matter Session of possible litigation and a matter of funds for an indigent person After discussion, 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 It 1 74-atit-e1;227 717c Executive Clerk, Selectmen t/ 555 STREET HEARING ON CONSTRUCTION I & SUBDIVISION STREETS I 1/13/76 On Tuesday evening, January 13, 1976 a formal hearing was held by the Board of Selectmen in Cary Memorial Hall, Cary Memorial Buildin , at 7 30 p m., to discuss unaccepted and subdivision streets up for acce tance by the Town; a corner round at Clarke and Forest streets and the reconstruc- tion of Hancock Street which is a Chapter 90 street Present at the hear- ing were, Mr Fred C Bailey, Chairman of the Board of Selectmer., Mr Alfred Busa, Member of the Board, Mr John J McSweeney, Director of Public Works/ Engineering, Mr James E Chase, Town Engineer and Mr Peter M. Chalpin, Senior Engineer Also present were Mr Malcolm Graf and Mr Herbert Eisenberg of the Street & Sidewalk Design Advisory Committee The meeting was opened at 7 40 p.m by Mr Bailey, Chairmar of the Board, who explained that the purpose of the meeting was to gather information for the Selectmen to use in laying out streets to be presented for acceptance at Town Meeting He also went on to explain that there were two types of streets; subdivision streets which have no betterments, i e , no cost to the town or the abutters, and construction streets which will be assessed. The hearing was declared open upon the proposed layout of Crescent Road Mr Bailey read the description stating that it would be 1100 ftlong, lay- out width to be 40 ft , roadway width 24 ft , sidewalks (if any) to be on the III even numbered side, no takings and no trees to be removed Mr Bailey went on to say that at the informational hearinc in November, the abutters made it clear that they definitely did not want sidewalks He then asked if there were any questions There were none He then proceeded to ask Mr Chase the Town Engineer to give a brief description as to how betterments were assessed Mr Chase read the betterment procedure from a betterment calculation sheet written specifically for Town Counsel, stating that this years price is $14 69 per linear foot of frontage Mr Walter Pedroli - #4 Great Rock Road asked if the cost is still in keeping with the estimated betterment which was shown on the petition Mr Chase answered, "Yes, it is " Mr Pedroli said he understands there is to be no takings, and no trees removed and would like to know what would be the condition of the edging? Mr Chase said that we are going to go with granite curing.' Mr Flannery - #9 Briggs Road asked if there was any specific time in which these betterments had to be paid? Mr Chase explained that when billed the resident would reeive a form with his bill on which he could determine the length of time (5-10-15 or 20 yrs , @ 5% int ) over which he wished to carry this betterment, and then would return the signed form to the Assessors office, with his billIII 55 ' Street Hearings January 13, 1976 II/ Mr Pedroli asked when construction would start? Mr Chase answered, "probably in 1977 " Mr. Bailey asked if there were any further questions? There were none and a hand vote was taken on Crescent Road As proposed without sidewalks 2 Mr Desmond - #1 Great Rock Road Mr Ballbach - #11 Crescent Road Against 0 There were no further questions and the hearing was declared closed on the proposed layout of Crescent Road The hearing was declared open upon the proposed layout of Briggs Road. Mr Bailey read the description - Length 380 ft. , layout width 40 ft , roadway width 24 ft , sidewalk on the even numbered side, no takings and no trees removed. Mr Bailey asked if there were any questions? Mr Fiedler - #1 Briggs Road questioned the sidewalks Mr Bailey said that he already explained that the board has no desire to put sidewalks in if they do not want them He also said that the board does not want to spend any money that they do not have to, and that this is 111 the only way they can keep the tax figure at a minimum. There were no further questions and a hand vote was taken on Briggs Road As proposed 0 As proposed with sidewalks 3 Mr Collins - #12 Briggs Road Mr Fiedler - #1 Briggs Road Ms White - #10 Briggs Road No further questions and the hearing was declared closed on the proposed layout of Briggs Road. The hearing was declared open upon the proposed layout of Great Rock Road Description was read by Mr Bailey - 350 ft in length, layout width 40 ft. , roadway width 24 ft. , sidewalk on the even numbered side, no takings and no trees removed Mr Bailey asked if there were any questions? Mr Fisher - #8 Great Rock Road said that he lives at the end of the cul-de-sac and wanted to know if it would be possible to connect to Crescent Road? Mr McSweeney said that sewerage for Great Rock Road is presently being designed Mrs Morris - #9 Great Rock Road questioned the stakes that were put in, she was wondering what they were for Mr McSweeney said that they were strictly for sewer construction, and assured her that there was nothing to worry about No other questions and a hand vote was taken on the construction of Great Rock Road 1 558 Street Hearings January 13, 1976 As proposed 0 As proposed without sidewalks 4 Mr Gittleman - #5 Great Rock Road Mr Desmond - #1 Great Rock Road Mr Fisher - #8 Great Rock Road Mr Pedroli - #4 Great Rock Road Against 0 There were no further questions and the hearing was declar .d closed on the proposed layout of Great Rock Road The hearing was declared open on the rounding at Clarke and Forest Streets Mr Peter Kelley - #24 Forest Street who was representing his grand- mother, (Mrs Edna Schuh of #24 Clarke Street) , said that he had a couple of questions which his grandmother would like answered 1 Will she be bettered on Forest Street? Mr Chase answered, "On Forest Street - YES " He said that it would be approximately $180 00 (estimated) , at a cost of $1 50 per foot Mr Chase also informed Mr Kelley that there would be no betterment on Clarke Street. 2 Will she receive any compensation for damages? Mr Chase answered that an appraisal was being made 3 Will she receive a letter or any information regarding damages? Mr Chase said "Yes, she would " 4 Will her trees and/or shrubs be relocated? Mr Chase answered, "Yes, they would " One resident wanted to know if there were any plans for sidewalks on the opposite side of Forest Street Mr McSweeeney explained that redevelopment plans for the entire Cen- tral Block have been in the budget for the past three years, an that we will resubmit them again next year He said that we have done vell to have accomplished as much as we have A hand vote was taken on the rounding at Clarke and Forest Streets No one appeared in favor or in opposition and the hearing was declared closed on the rounding at Clarke and Forest Streets Next came the subdivision streets, namely Hartwell Place, Brookwood Road and Fairfield Drive Mr Bailey asked if anyone needed any information and went on to ex- plain that the subdivision streets were set out by the developer and that when up for acceptance by the town no betterments are assessed. The hearing was declared open upon the proposed layout of Hartwell Place, (660 ft from Hartwell Avenue to the end ) Mr Bailey asked if there were any questions on Hartwell Place No one appeared in favor or in opposition and the hearing Was declared closed on the proposed layout of Hartwell Place The hearing was declared open upon the proposed layout of Brookwood Road, (726 ft from Grant Street to the end ) 1 559 Street Hearings January 13, 1976 Mr Bailey asked if there were any questions on Brookwood Road. No one appeared in favor or in opposition and the hearing was declared closed on the proposed layout of Brookwood Road. The hearing was declared open upon the proposed layout of Fairfield Drive, (600 ft from Brookwood Road to the end ) Mr Bailey asked if there were any questions on Fairfield Drive No one appeared in favor or in opposition and the hearing was declared closed on the proposed layout of Fairfield Drive Mr. Pedroli - #4 Great Rock Road asked if any further discussion was to be held on the streets Mr Bailey answered "no", the hearing has been concluded on the streets Mr Pedroli asked, "what is the next step?" Mr Bailey said that he (Mr Pedroli) could attend the town meeting and any further questions that he has may be brought up then There were no further questions and the hearing was declared closed on the proposed layout of Fairfield Drive Mr Bailey then opened the hearing on the reconstruction of Hancock Street which is a Chapter 90 street Mr Bailey explained that by Chapter 90 we mean that we (the Town) pay the full amount for the work but we are reimbursed 75% of this figure by 111 the State He went on to say that once the plans are submitted to the state they can either accept them or not, it is up to them. Mr Bailey also said that the state has a final hearing before they do anything, meeting with their staff and our engineering staff before making a decision. Tonight, he said we are just looking for guidance from the residents of Hancock Street and have no desire to push anything on anybody that they do not want It was stated that the principal reason for considering reconstruction was pro- file trouble Mr Bailey informed the residents that the Board of Selectmen and the Town want Hancock Street to come out looking the same as it does now One resident wanted to know why, if we have an overwhelming resource for a 26' roadway, we would submit a plan for a 28' roadway also Mr McSweeney said for engineering purposes He also said that we in- tend to send both plans to the State indicating which one we prefer Mr Rooney - #20 Hancock Street wanted to know why we were putting in curbing? He said it would not save anything, would not cut down on speeding, and residents would have nowhere to park, whereas they now can park half on the street and half on the sidewalk Mr Chase agreed that this is so but said that this is illegal and we only tolerate it because we have had no complaints Mrs Bevan - #56 Hancock Street informed us that the curbing had helped to keep some cars out of her front yard and said that she would like to see more of it She also stated that at one time there was a "no heavy trucking" sign on Hancock Street and wanted to know why it had been removed Mr Chalpin explained that at one time there was a sign to this effect but that there was no legal regulation governing this, making it unenforce- 111 able, therefore, the sign was useless and the town had it removed Mr Bevans stated that she would rather see curbing instead of berm. 560 Street Hearings January 13, 1976 Mr Kenneth Wright - #53 Hancock Street stated that curbing would make riding a bicycle on the sidewalk more difficult Mr McSweeney said it was illegal to ride a bicycle on thelsidwalk anyway, and said that the new curbs would be built with ramps for handi- capped people and he is sure a bicycle could get up the ramp as easily as a wheelchair Mr Bailey asked if there were any further questions. No questions and the hearing was adjourned at 9 00 p.m 1 I 5(ig SELECTMEN'S MEETING January 19, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room on Monday, January 19, 1976, at 7 30 p m. Chairman Bailey, Messrs. Kenney, Busa, Kessler and Mrs Battin; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Miss Casey, Principal Clerk, were present. At the request of the Town Clerk, six jurors were drawn as follows Jurors Joan P Austin 23 Pine Knoll Road William T Kivlen 12 Tucker Avenue Donna D Ryan 125 Burlington Street Wendy Jellis 12 Oxford Street Tage Hansen 46 Farmcrest Avenue Milton M Klein 54 Burlington Street Mr O'Connell informed the Board that he had received a request from Mr G H Mr G H Blackington, Wakefield, for approval to use photographs of the Blackington diorama in the Visitors' Center Mr Blackington has put together a color slide program of the history of the American Revolution, all at his own expense, which he hopes to make available to schools etc at no charge Mr O'Connell stated that he had seen the program and it was in very good taste Mr Blackington requests the use of Cary Hall to invite those who have a keen interest in the American Revolution for a one-time preview as he is interested in getting pre-public reaction Further discussion of the request brought out that Mr Blackington is employed at the John Hancock Insurance Company and this is an extension of his own personal hobby He fully intends to maintain his amateur status Upon notion duly made and seconded, it was voted to grant Mr Black- ington the use of Cary Hall to present his showing of the "American Revo- lution" Mr. O'Connell reported to the Board of his findings regarding the can- Public cellation of the public official liability insurance The cancellation Official action by the present carrier (Market) was based upon business losses and Liability not on actual loss experience with public official liability insurance Ins The carrier "bailed out" on coverage with potential heavy liability Mr O'Connell pointed out that the policy contains an extension clause pro- viding the option to the insureds to extend the contract for a year for a fee of 75% of the 3 year premium, but only with respect to actions taken up to the cancellation date For approximately $1,500 protection will be provided until February, 1977 for liability which may have been incurred (but may not yet be aware of) by actions taken up to February, 1976 The policy provides 30 days after cancellation for this action After further discussion it was agreed to submit the present insurance application to Alexander & Alexander and Mr O'Connell was to continue to III pursue the matter with Brewer and Lord It was agreed to discuss the matter further at the meeting on Monday, January 26 562 Selectmen's Meeting January 19, 1976 111 Mr O'Connell left the meeting at 7 50 p m. to keep an appdintment with PoliceChief Corr, and the Appropriation PP riation Committee P Appoint- Mr Bailey informed the Board of a vacancy on the Board of Registrars ment by the resignation of Edward Belliveau (Republican) effective December 31, Board of 1975 It was the suggestion of the Republican member to appoint Mr Theldon Registrars E Phinney, 40 Tower Road, who is willing to serve Upon motion duly made and seconded, it was voted to appoint Mr Theldon E Phinney as the Republican member to the Board of Registrars Chairman Bailey informed the Board that he had received a emo from Dr Kessler submitting the names of four people who had express d a willing- ness and desire to serve on the Transportation Advisory Committ e. Mrs Katherine Menand has resigned from the committee The present embership is composed of Mrs Frayda Cooper, Mrs Joyce Hals, and Mrs Th ima Marin Appoint- Upon motion duly made and seconded, it was voted to appoin the follow- ments ing to the Transportation Advisory Committee Trans Advisory William J O'Neil 789 Mass Avenue Lawyer Committee Mrs Elaine Dratch 2 Maureen Road Interested Citizen John F Lahiff 51 Cary Avenue Interested Citizen Paul S Rempfer 8 Stevens Road Mass Transportation Dept Appoint- Chairman Bailey briefed the Board regarding the Act passed last month ments by the Legislature insuring local involvement in the formulation of a Growth & Growth and Development Policy for Massachusetts Each city and town is to Develop- establish a local Growth Policy Committee including chairmen of the Board Ment of Selectmen, Planning Board, Conservation Commission, Housing thority, Committee Redevelopment Authority, Department of Public Health and the cit or town planner and five citizen representatives Each city and town is to prepare a statement of growth management problems and priorities, responding to questionnaire from the office of State Planning within six months Upon motion duly made and seconded, it was voted to appoint the follow- ing to the Growth Policy Committee Mr James W Lambie Board of Health Mrs Angela E Frick Conservation Commission Ms Susan Hodgkins League of Women Voters of Lexington Mrs Mary E Shunney Lexington Housing Authority Dr George Wadsworth Lexington School Committee Mr Dan Busa Recreation Committee Dr Eric T Clarke Planning Board Mr Robert E Reynolds Lexington Chamber of Co}nmerce Mrs Elizabeth Reinhardt Lexington Historical Commission Mr Fred C Bailey Board of Selectmen Mr Kenneth Briggs Town Planner Mr Robert Connelly Builder/Developer Mr Walter C O'Connell Town Manager Mr Guy W Doran Farm Bureau Mr Frank Sandy Citizen Mr Donald Wilson Citizen 0 ‘3 Selectmen's Meeting January 19, 1976 Chairman Bailey informed the Board of a proposal by the Boston Edison Boston to lease land at the Hartwell Avenue Sanitary Landfill for 212 acres of Edison land at the annual rental fee of $3,000 The Director of Public Works/ Lease Engineering stated that he did not have any basic objections but would recommend that, insofar as possible, any activities be set back off the access road to eliminate the "sidewalk superintendents", and that all activities be restricted to at least 30 feet from the top of the bank of Kiln Brook. The Edison is in the process of updating their transmission lines and are desirous of using this site for equipment storage while they work in the area. Upon motion duly made and seconded, it was voted to sign the lease and to notify the Boston Edison of the 30 foot restriction Upon motion duly made and seconded, it was voted to lay out the fol- Layout of lowing streets Streets Construction Streets Crescent Road 1100+ft from Watertown Street to Green Lane Briggs Road 380+ft from Crescent Road to end Great Rock Road 350+ft from Crescent Road to end Subdivision Streets 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 Alteration to the layout of the Town ways at the intersection of Clarke and Forest Streets Upon motion duly made and seconded, it was voted to sign the layout of the above listed streets Mr McSweeney, Director of Public Works/Engineering asked if the Board was prepared to include the sidwalks for Crescent, Briggs and Great Rock Roads Upon motion duly made and seconded, it was voted to delete the side- walks for Crescent, Briggs and Great Rock Roads Upon motion duly made and seconded, it was voted to sign the Common Common Carrier license for Hospital Transportation Service, Inc , Nine Munroe Carrier Avenue, Watertown, Mass License Chairman Bailey You will recall that we have the sum of $40,000 Flagpole being carried toward the replacement of the flagpole on the Common A number of people have raised the point that, in their opinion, this should be a project for the townspeople to tackle The people that are proposing that this be set up will conduct all the necessary work to collect the donations and handle the project This project would not be 56-1 Selectmen's Meeting January 19, 1976 in conflict with the completion of the Hancock Clarke House or the Sander- son House I bring it up because it is a good kind of project to get going on if we are going that road It was agreed by the Board that this would be an excellent way to re- place the flagpole and strive for a completion date of July 4, 1976 Selectmen Mr Busa raised a point concerning Mrs Battin's statement at a C.R.0 Available meeting that she feels that the Board of Selectmen have been negligent to Citizens abouttiistening to people about their troubles Mr Busa took exception to this statement being made in public He stated that the Board has never been negligent in listening to the problems of citizens Chairman Bailey pointed out that the proper procedure is for the citi- zen to first go to the primary source of their complaint -- whatever depart- ment that might be -- and then the Board has always been willing to talk with them Mr Kenney stated that the four years that he was Chairman of the Board, the public was always treated with the utmost courtesy He reiterated that the Board was always willing to talk with the public Mrs Battin stated that she had felt it necessary to respolnd to Dr Kassler's statement that the Board of Selectmen were now serving the om- budsman function for persons who felt that they had not received proper satisfaction from adminstrative officials of the Town The statement im- plied there was process in action she felt did not always exist While she felt the ombudsman role was one that the Board should and could assume, she did not feel that the Board now always made it easy or pleasant for citizens to come before it with complaints about administrative actions, although as individuals all Board members have been both accessible and courteous to citizens She cited a recent case when two members of the Board had to argue in order to obtain an audience for a former elected official who wished to discuss his experiences when going the route pre- scribed by the Board for handling complaints Other members of the Board stated at the time that they could not continued to make a practice of hearing such cases or the Board would be inundated She closed by noting that she had stated directly to the Board in the past that she 'did not think they always treated appellant citizens courteously Chairman Bailey stated that the discussion could go on indefinitely and concluded that if anyone felt that the Board was not willing to hear their problems, they were free to bring the Board to task Dr Kessler stated that Mrs Battin's comments were but a 'very small portion of the meeting in question and that the issue was being magnified out of proportion to its context within that meeting Mr O'Connell returned to the meeting at 8 30 p m. Funding Mr O'Connell presented to the Board a list of prospective projects for pre-application for 1976 discretionary funds under Community Develop- ment Act and his comments as to the possibility of funding The projects were the replacement of a fire engine, Estabrook School parking lot drain, Sidewalk repairs in Lexington Center, Brooks reclamation, Replacement of the flagpole on the Battle Green and improvement to the baseball field area at Harrington School 566 Selectmen's Meeting January 19, 1976 UMr O'Connell pointed out that there was a slight chance of funding for the Estabrook School parking lot drain and the sidewalk repairs in the Center, but the prospects were poor for the other items After dis- cussion it was agreed to try for funding of all the items except the re- placement of the flagpole on the Battle Green Mr O'Connell read a letter from Mr MacNeil expressing his desire Insurance to quote on hospital and life insurance for the Town After a brief dis- Mr MacNeil cussion it was agreed that although we did not have all the information that was requested, he would be provided with the experience that was available Upon motion duly made and seconded, it was voted, 5-0, by roll call Executive vote to go into Executive Session for the purpose of discussing strategy Session with respect to collective bargaining and for discussing the reputation and character of an individual Upon motion duly made and seconded, it was voted to adjourn at 9 50 p m. A true record, Attest OwrtPrincipal Clerk 566 SELECTMEN'S MEETING January 26, 1976 III A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, January 26, 1976, at 7:30 p.m. Chairman Bailey, Messrs Kenney, Busa, Kessler, Mrs Battin; MX O'Connell, Town Manager; Mr Cohen, Town Counsel; Miss Casey, Princi- pal Clerk were present I Treasurer Mr Zehner, Town Treasurer, met with the Board to request ajproval of a $205,000 bond anticipation loan for the purchase of conservat_on land. Five bids were received, and the low bidder was the Shawmut County Bank at 2 97% interest Upon motion duly made and seconded, it was voted to approve the rec- ommendation of the Town Treasurer of a $205,000 bond anticipation loan from the Shawmut County Bank at 2 97%, notes to be dated Januar" 30, 1976 and mature on June 15, 1976 Napoli Mr Cohen presented an Order of Taking for signature on the Napoli Land land Upon motion duly made and seconded, it was voted to sign the Order of Taking on the Napoli land "At a meeting of the Board of Selectmen of the Town of Lex_ngton held I this 26th day of January, 1976, it is ORDERED Whereas by a vote adopted at a Town Meeting duly called, warned and held on the third day of March, 1975, namely at an adjourned session thereof duly held on March 31, 1975 in accordance with 4he provi- sions of law applicable thereto, the Selectmen were authorized n behalf of the Town of Lexington to take by eminent domain, upon the request of the Conservation Commission of the Town of Lexington, for conservation purposes as provided by Section 8C of Chapter 40 of the General Laws of Massachusetts, the land hereinafter described, and an appropriation of money was made therefor WHEREAS, the Conservation Commission of the Town of Lexington has requested the Board of Selectmen in writing to take said land ih fee simple by eminent domain NOW, THEREFORE, we the undersigned, being a majority of the Board of Selectmen of the Town of Lexington, duly elected, qualified andiacting as such, do hereby, pursuant to said vote and request and under and by virtue of the provisions of said Chapter 8C of Chapter 40 and Chapter /9 of the General Laws of Massachusetts, and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in fee simple in the name and on behalf of the Town of Lexington for conservation purposes as provided in said Section 8C of Chapter 40 a certain parcel of land in said Lexington, bounded and de- scribed as follows 1 III 1 C7 Selectmen's Meeting January 26, 1976 Beginning at a point on the southerly sideline of the 1946 County Layout of Lincoln Street, said point being the point of curvature of a curve of radius 629 15 feet; thence along said curve bearing to the left 191 02 feet; thence leaving said side- line S 080-37'-47"E, 125 00 feet; thence S 220-16'-22"W, 106 88 feet; thence S 22°-16'-50"W, 196 73 feet; thence S 22°-16'-20"W, 141 08 feet; thence S 22°-50'-07"w, 154 51 feet; to a point on the northerly sideline of Middle Street; thence along said side- line N 71°-24'-21"W, 60 78 feet; thence N 710-10'-00"W, 70 24 feet; thence N 72°-O1'-01"W, 35 16 feet; thence N 730-10'-12"W. 46 31 feet; thence N 72°-30'-55"W, 205 19 feet; thence N 730-14'- 35"W, 48 51 feet; thence N70°-34'-55"W, 39 45 feet; thence N 69°- 23' -33"5, 53 99 feet; thence leaving said sideline N 060-01'-42"E, 205 91 feet; thence N 83°-58'-18"W, 117 22 feet; thence N 140-14'- 04"E, 295 61 feet, to a point on the southerly sideline of Lincoln Street; thence along said sideline S 870-49'-33"E, 575 13 feet to the point of beginning All as shown on a plan entitled, 'Sub- division Plan of Land in Lexington, Mass Being a Subdivision of Part of LCC 17358-B, Scale 1 In = 50 ft , July 11, 1975, Barnes Engineering Company, Inc , 411 Lexington Street Auburndale, Mass ' to be recorded herewith All trees upon said parcel and buildings and structures affixed thereto are included in the taking We have awarded damages by reason of the taking hereby made to Catherine A Napoli in the sum of $200,000 In so awarding damages, we have awarded them to the supposed owner of record of the land hereby taken as of the date hereof, but if the name of the owner of any interest in said land is not stated or is not correctly stated, it is to be understood that such interest is owned by an owner or owners unknown to us and in such case our award is made to the lawful owner or owners thereof WITNESS our hands and seals in said Lexington the day and year first above written " Chairman Bailey read a letter from Mr Donald J Gillespie, Jr , Use of Head of Music Education of the Lexington Public Schools requesting per- Battle mission for the use of the Battle Green on Sunday, June 6 from 2 00 p m. Green to 4 00 p m. for an outdoor concert by the Lexington High School Band Upon motion duly made and seconded, it was voted to grant permission to Mr Gillespie and the Lexington High School band for the use of the Battle Green on Sunday, June 6 from 2 00 p m to 4 00 p m. for an outdoor concert. Upon motion duly made and seconded, it was voted to certify the Cert of character of Howard L Levingston, 358 Emerson Road, who has applied for Incorp Certificate of Incorporation, "The Technology Organization, Inc " Upon motion duly made and seconded, it was voted to approve the min- Minutes utes of the Selectmen's meetings of January 5, January 12, January 19, 1976 as corrected and given to Miss Casey 568 Selectmen's Meeting January 26, 1976 Water Upon motion duly made and seconded, it was voted to accept the recom- ' Abate- mendation of the Director of Public Works/Engineering to abate the follow- ments ing water bills William R. Hutchins 21 Winthrop Rd $219 15 Meter running backwards Richard T Zammitti 3 Sherburne Rd 78 30 Wrong meter reading Stephen Tavilla 17 Burroughs Rd 18 00 Wrong meter reading Samuel V Nadlo 6 Brigham Rd 139 05 Wrong meter reading C John Dunnicliff 9 Adams St 168 30 Biller's error George E Williams 10 Kendall Rd 63 45 Wrong meter reading Everett G Potter 4 Lawrence Lane 113 85 Meter taken out in '74 no blue slip stating this turned in Sewer & Upon motion duly made and seconded, it was voted to sign the contract Water Main for sanitary sewer and water main construction - Contract 76-4-E with the Contract United Construction Company, Somerville, Mass The authority for this work is contained in Article 18, 1975--Water Mains; Article 20, 1975-- Later Sewers; Article 22, 1975--Trunk Sewers App't Upon motion duly made and seconded, it was voted to appoint Mr James Personnel F Crain, 68 Asbury Street, Lexington to membership on the Personnel Ad- Adv Bd. visory Board for a term of office to expire on March 31, 1978 Mr G. H Chairman Bailey informed the Board that the presentation of the "Ameri- Blackington can Revolution" by Mr G H Blackington in Cary Hall has been changed to February 23 at 7 00 p m. for the Selectmen and 8 00 p m. for members of other committees of the Town. It was agreed to post a notice to this effect Lexington Chairman Bailey informed the Board that a request for the use of Cary Baseball Hall on March 14 had been received from the Lexington Baseball Association. Assoc This is a new organization brought about by the joining of AAA and the Lex- ington Youth Baseball They wish to use the hall to explain to youth and parents the goals, league set-ups of various age levels and for an enter- tainment program. After discussion, it was agreed that Mr O'Connell would try to work in a fireman and a policeman who would be on duty and the Town would absorb the custodial fee Hennessey Mr O'Connell presented to the Board for signature the lease between Property the Town and Dr John Bergmeyer for the Hennessey property stable It Lease was brought out that this is a five-year lease and Dr Bergmeyer maintains the property There is a $200 00 annual rental fee Upon motion duly made and seconded, it was voted to sign the lease between the Town and Dr John Bergmeyer for the Hennessey property stable ' Public Mr O'Connell reported to the Board that his further investigation of Official the public official liability insurance revealed that this type of insur- Liability ance did not exist five years ago It is currently carried by small cm- ' Ins panies and the experience has been good When this type of company runs x 5t;9 Selectmen's Meeting January 26, 1976 into hard times, it is the practice to drop the high risk potential busi- ness There was considerable discussion as to whether or not the Board felt that there was need for the extension of the present public official liability insurance after its cancellation as outlined at last week's meeting Mr O'Connell stated that he was in the process of obtaining further quotations from Brewer & Lord and Crumb & Foster Upon motion duly made and seconded, it was voted to purchase the ex- tension of the present policy for the $1500 00 premium Mr O'Connell presented the final budget by the Minuteman Regional Vocational Vocational School The operating plus capital assessment for Lexington School was $515,153 based on 17 194 per cent student participation by Lexington Budget He pointed out that there was a very large drop from the initial budget He and the Board felt that the committee had arrived at a very reasonable budget. Chairman Bailey is to write a letter of commendation to the committee Mr. O'Connell gave a report to the Board of a party at 10 Oakland Party Street on Saturday evening He stated that a party for some 15-20 10 Oakland friends of Jean Gilpatric was planned Twenty-three year old Jill Street Gilpatric was in charge in the absence of Mrs Jane Gilpatric The party was crashed by 100-125 young people between the ages of 16 and 19 Chief Corr went to the house himself and found Mr Mark Moore in the house attempting to assist in the situation. The girls were hysteri- cal at that point Chief Corr had called Selectmen Margery Battin and Dr Kassler Mrs Battin and her husband came to the scene but Dr Kassler was out of town. It was estimated that about half of those crash- ing the party were drunk There was considerable damage done to the house furnishings The police finally got the group to leave and there were no arrests made Mr O'Connell praised the police for the way they handled the situation. He stated that Chief Corr has expressed concern over prob- lems with this kind of decision Chairman Bailey stated that the fact that there were no arrests implies no wrong doing and no punishment of that "hard core" group and that was not the intention of the Selectmen Mrs Battin also praised the police for the manner in which they handled the incident and suggested that in the future neighboring families assist other families when parents are going to be away She also suggested re- cording license plate numbers and then later bringing civil suits to re- pair damages She recommended that there be a regular practice of calling Selectmen, and perhaps neighboring Town Meeting Members, when similar po- tentially explosive stituations arise in the future Mr O'Connell also gave the Board a preliminary report regarding a Shooting on shooting incident on Wood Street on Sunday evening The first call to Wood Street the police was received at 8 15 p m. from a young boy who, obviously, was very disturbed, calling for a police car The call was interrupted by his mother who said that her husband had gone beserk The officers who responded to the call found the house empty and Mrs Cosgrove was found in the driveway injured and bleeding from the head James Cosgrove, 5( 0 Selectmen's Meeting January 26, 1976 the husband, had already stationed himself on a snow bank across the street with a shotgun and had the officers in his line of fire He was threaten- ing to kill his wife and Sgt Taylor The officers took cover and pleaded with him to give himself up but he continued to issue threats and fired two rounds A bullet ricocheted and struck Cosgrove Officer Birch applied first aid and the Fire Department ambulance took Mr Cosgrove to the hos- pital At the hospital, Mr Cosgrove said to tell officer Taylor that he was sorry--that he could have killed him. Vine Mr Cohen presented the conservation easement on the Vine Brook for Brook signature The easement in over land owned by Mr & Mrs Schena Easement Upon motion duly made and seconded it was voted to sign the conserva- tion easement on the Vine Brook SERI Mr Kenney reported to the Board that several people had gone to the Project Hanscom Task Force meeting regarding the possibility of locating the Hanscom planned Solar Energy Research Institute in the Hanscom area He stated Field that a decision to site the Institute in this area would have a tremendous impact on Lexington as it would provide employment for about 1500 people This, in turn, would be of benefit to commercial enterprises here The plan calls for 100-200 acres of land to accomodate the SERI building and also for outdoor test facilities and other related activities The test area could be within 30-40 miles in the local are Mr Kenney suggested that a letter from Chairman Bailey expressing the Town's interest in the project might be beneficial Chairman Bailey stated that he would be happy to send a letter to Mr Lee Steele, Consultant to the Massachusetts Science and Technology Foundation who is working on the project Executive Upon motion duly made and seconded, it was voted, 5-0, by roll call Session vote to go into Executive Session to discuss strategy with respect to collective bargaining or litigation as an open meeting may have a detri- mental effect on the bargaining or litigating position of the governmental body Upon motion duly made and seconded, it was voted to adjourn at 9 35 p m. A true record, Attest _J"r Principal Clerk b7 1 SELECTMEN'S MEETING February 2, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, February 2, 1976, at 7 30 p m. Chairman Bailey, Messrs Kenney, Busa, Kessler, Mrs Battin; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Miss Casey, Princi- pal Clerk were present Chairman Bailey opened the meeting by requesting a report from Mr Solid William Whalon regarding the solid waste disposal problem He stated Waste that as town meeting was coming up soon, the Board would like to get an appraisal on where we stand Mr Whalon stated that there was nothing spectacular to report -- we are no better and no worse off than any other town We are somewhat better than many as we do have a landfill area that has been upgraded and closely monitored, and have avoided any significant pollution of the water system. He pointed out that other communities like Haverhill and Peabody have made no progress either He pointed out that because of the fuel ad- justment charge, the Boston Edison will not commit themselves to any agree- ment about buying the fuel He predicted that one day in the future, the State is going to say that as no one else has come up with a solution they would They will build electrical plants and supply the fuel with trash This is advocated by the proponents of public power Mr Whalon stated that he sees no reason why we should not continue to utilize the sanitary landfill area as we are currently doing He stated that he felt that it would be another five years before any significant progress or any perma- nent solution to the problem is reached Chairman Bailey thanked Mr Whalon on behalf of the Town for his time and efforts expended in this matter Mr Whalon retired from the meeting Chairman Bailey read a letter from Mr William Dolan, Chairman of One-day "Friends of Patriot' s" for a one-day all alcoholic beverage license for a All benefit dance to be held in the State Armory, Bedford Street on February Alcoholic 21 As this is the first request for this type of license, he pointed Beverage out to the Board that on August 15, 1975, an act was approved under Chap- License ter 509 allowing local licensing authorities to issue special licenses to sell all alcoholic beverages under section 14 of Chapter 138 of the Gen- eral Laws, as appearing in Section 3 of Chapter 370 of the Acts of 1934 The Board of Selectmen would be within legal rights to issue such a license He requested Mr Dolan to explain to the Board what type of an organization the "Friends of Patriot's" was Mr Dolan explained that the "Friends of Patriot's" were the parents and friends of the Concord High School band and they are raising money to send the band to the Shenandoah Valley Apple Blossom Festival The dance is not a dinner dance and is for adults Upon motion duly made and seconded it was agreed to set the fee for special one-day all alcoholic beverage licenses at $25 00 License was granted to Mr Dolan Mr Busa abstained 572 Selectmen's Meeting February 2, 1976 Ball Field Mr O'Connell informed the Board that Mr McSweeney had obtained Lighting three estimates from engineering firms for the design of the ball field lighting project These bids ranged from a minimum of $2500 to a high of $7800 He stated that the Engineers Design Group, Inc , 292 Main St , Cambridge, Mass had submitted a bid of $4,000 Both he and Mr McSweeney felt that the low bid company did not have the experience needed for this type of project and they felt that the Engineers Design Group had the ex- pertise for the job and would do an excellent job Mr O'Connell asked for authorization to award the job to Engineers Design Group The Board concurred with the stipulation that the job is not to exceed $4,000 DPW Mr O'Connell requested authorization for a transfer in the amount of Snow $25,000 to Account #5500 - Snow Removal He explained that we have had Removal just under 44 inches of snow this year from 18 storms Upon motion duly made and seconded, it was voted to authorize the transfer of $25,000 to Account #5500 in anticipation of one more major snow storm. Delete Upon motion duly made and seconded, it was voted to delete the follow- Articles ing articles from the warrant From Construction of playing fields on the so-called Napoli land Warrant Further development of Lincoln Street recreation area Eliminate requirement that the Town Comptroller be an ex- officio member of the Appropriation Committee 1976 Upon motion duly made and seconded, it was voted to sign the warrant Warrant for the 1976 Annual Town Meeting Pres Upon motion duly made and seconded, it was voted to sign the warrant Primary for the Presidential Primary on March 2 Request for Chairman Bailey read a letter from Mark Moore, Jr of Moore Homes, Town & Inc requesting the Town to install five Town and Country lamps by Boston Country Edison on Lois Lane on a temporary trial basis The Boston Edison has Lamps - approved these locations Mr Moore agreed that if they did not prove Lois Lane satisfactory Moore Homes, Inc would bear the expense of changing to Lexington's standard street lamp The Planning Board recommended that this installation be allowed. Chairman Bailey read the report from Mr John J McSweeney, Director, Public Works/Engineering in which Mr McSweeney stated that he had reviewed, with the Engineering Division, the photometric data applied to our current roadway lighting program and found that the Town and Country lamps luminaire and standard does not provide sufficient footcandles and good quality lighting per unit to meet the Town' s current lighting policy for public ways A similar request in 1973 for this type of lamp for Fairfield Drive was denied The Board discussed the matter and it was brought out by Mr Busa that this type of lighting would tend to attract house breaks and loitering Mr McSweeney explained that the initial cost of the installation is borne by the Town He stated 573 Selectmen's Meeting February 2, 1976 that this type of light would be suitable for a condominium type area such as Russell Square but that Lois Lane is going to be a public way Upon motion duly made and seconded, it was voted to deny the request of Mark Moore, Jr to install five Town and Country lamps in Lois Lane Upon motion duly made and seconded, it was voted to sign the Common Common Carrier License for Pierce Transit Co , Inc , 441 Textile Ave , Dracut, Carrier Mass for operating a common carrier for the transportation of passengers License for hire over Route 128 between the Burlington Town Line and the Waltham Pierce City Line -- No Stops Transit Upon motion duly made and seconded, it was voted to appoint Allan F Acting Kenney, Acting Chairman for the period of February 6, 1976 through Chairman February 11, 1976, during Chairman Bailey's absence Upon motion duly made and seconded, it was voted to hold the Select- Meeting men's meeting on Tuesday, February 17, 1976 as Monday, February 16 is a Feb 17 holiday Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's meeting of January 26, 1976, as corrected and given to Miss Casey Chairman Bailey read a letter to the Board from Mr Richard B Brown, Request Town Administrator for the Town of Bedford The Selectmen of Bedford have From Town been attempting to prohibit truck traffic from a residential street in the of Bedford town for some time. The State has indicated that the only feasible alter- nate route for truck traffic would be along the Great Road (Route 4 and 225) and along Hartwell Avenue to the industrial area In order for the State to consider this truck prohibition on Ashby/Walsh Roads in Bedford, permission must be given by the Town of Lexington to allow the alternate truck route to pass over the Lexington streets mentioned It was agreed that the matter would be referred to Mr John J McSweeney, Chairman, Traffic Safety Committee for their recommendations Mr Brown's letter is to be acknowledged with this information Upon motion duly made and seconded, it was voted, 5-0, by roll call Executive vote to go into Executive Session to discuss the purchase, exchange, lease Session or value of real property, as an open meeting may have a detrimental effect on the negotiating position of the governmental body and a person, firm, or corporation Upon motion duly made and seconded, it was voted to adjourn at 8 50 p.m. A true record, Attest • //(1/1)' aa- (71/ 00,11. Principal Clerk 7 574 SELECTMEN'S MEETING February 9, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, February 9, 1976, at 7 30 p m. Acting Chairman Kenney, Messrs Busa and Kassler, and Mrs. Battin; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Direc- tor of Public Works/Engineering; Miss Casey, Principal Clerk, were present Town At the request of Mr Bailey, the Town Manager brought the Board up Report to date regarding a problem in the printing of the 1975 Town Report A company by the name of Lorell was the low bidder on the color section of the report, with a significantly lower bid than the other two When Mr Zehner took the actual color art work to them they stated that according to their interpretations of the specifications they did not realize the level of the craftsmanship required They advised him that they could only do the job at a estimated increase of $2800 00 Mr Zehner then checked with Semline and they were unable to refine their figures to meet the Friday afternoon deadline Mr Zehner was doubtful as to whether or not Lorell would have the expertise to a grade "A" job He then contacted Spencer Press of Hingham and felt that they would provide the quality level and the Town would have a report to be really proud of Lorell agreed to withdraw and Mr Zehner requested approval of his decision to award the contract to Spencer Upon motion duly made and seconded, it was voted to approve Mr Zehner's decision to award the contract for the 1975 Town Report to Spencer Press of Hingham. Sewer Acting Chairman Kenney read a report from Mr John J McSweeney, Direc- Line tor Public Works/Engineering regarding the sewer line surcharge of 1/28 - Surcharge 1/30 - 2/2/76 as requested by Chairman Bailey Mr McSweeney's report stated that his department had received an emergency call on Wednesday, January 28 regarding a sewer surcharge in the basement of homes in several locations in the Grant Street, Todd Road, Saddle Club Road and Brookwood Road area Mr Empey dispatched several crews under the supervision of Wallace G Weisinger, foreman to the area, to respond to this emergency They checked all manholes at the junction of the M.D.0 - Vine Street, Hayes Lane - Vine Street, and the Vine Street - Munroe Station and the Hamilton Road to M.D C sewer lines They found all three chambers sur- charged to the top Pumps were set up to relieve the system and to protect other property in the area from being flooded The remaining crews checked the sewer lines and manholes leading into and out of the immediate area and they were also found to be surcharged The first pumps were set up at 7 30 a m adjacent to Fairfield Drive, the other pumps were set up as they were made ready at the M.D C chamber and discharged into the meadow. Mr Empey contacted Mr McSweeney at approximately 8 15 a m. to report his assessment of the Situation and the action that had been taken It was then decided that the following action should be taken t).1 t) Selectmen's Meeting February 9, 1976 1 That all personnel of Public Works and Engineering be alerted and placed at Mr Empey's disposal for emergency operation 2 Inform all Federal and State and local governmental agencies affected by this condition This included Town of Burlington, Bedford and Arlington, Hanscom Field Air Base, Civil Engineers, Metropolitan District Commission Sanitary Division, Commonwealth of Massachusetts Water Pollution Control and the Lexington Health Department 3 Town Engineers, Department of Public Works crews checked all the trunk sewer main lines, drainage lines, and brooks tributary to the area 4 Requested the Town of Beford and Hanscom Field Air Base to limit their effluent discharge and in the case of Hanscom Field, to utilize their storage tanks to assist in this emergency At 12 20 p.m. the Town again reported the condition to Mr Andrew Alba, Metropolitan District Commission Sewer Division, Commonwealth of Massachusetts and pointed out and stated that the M.D C had crews checking the Lexington- Arlington lines and that all lines were surcharged down through Arlington and Cambridge The Town of Lexington discharged into the meadow approximately 24 hours from 7 30 a m. January 28 to 7 30 a m. January 29 and this was monitored by the Lexington Public Health Department Coliform counts were made and the necessary precautions were taken as needed with the use of dilution by chlorine Several homes in the area had been damaged It was the opinion of the Department of Public Works/Engineering that the Town of Lexington, along with 20 other cities and towns within the M.D C district, who experienced this problem of excessive inflow and infil- tration of sewer lines and backup, was caused by two feet of frost with the top six inches a sheet of ice in conjunction with the heavy rainfall created a fast "surface runoff" of almost 1 0 that resulted in a storm which should be equal to a 50 to 75 year storm for that short period of time. This caused inundation from brooks, streams and drainage systems that resulted in excessive flooding of streets, homes, farm and low meadow areas Mr McSweeney's report concluded with the statement that whereas this was of an unusual nature due to the cold weather condition and the heavy rainfall, this does not dismiss the possibility of it occurring again, nor does it preclude the fact that the Town of Lexington has taken corrective measures in the past by implementing preventive maintenance programs and appropriated money annually for Capital Expenditures to improve its municipal services The situation did point out the need for the Inflo - Infiltration Study, the Comprehensive Drainage Study and the Hayes Lane - Vine Brook to Munroe Station Phase II Sewer project Most important of all, the re-establishment of a Town-wide brook cleaning program as authorized under Chapter 263 of the Acts and Resolves of 1926, and the Annual March Town Meeting of 1926 to re- lieve the low areas that are surrounded by hills which make it difficult to carry off the surface and ground water which is the main source of the problem. Mr O'Connell informed the Board that he had received a letter from 576 fr fr Selectmen's Meeting February 9, 1976 Mano Mano Amaaasingham of Srilanka (Ceylon) expressing his interest in Lexing- Amaaasing- ton's celebration of the Bicentennial He was suggesting that the people ham of Lexington sponsor him as their guest After a brief discussion, it was Ceylon agreed that Mr O'Connell would refer the matter to the Bicentennial Commission and the Lexington Minute-man for printing Auctioneer' s Upon motion duly made and seconded, it was voted to sign Auctioneer's License License for William A Sennott, 10 Douglas Road, Lexington Richard R. Mr Kenney read a letter from Mr Richard R. Corazzini requesting a Corazzini deferment of sewer betterment assessment on Lots 9/33A, 9/33B and 9/33C Sewer Blossom Street and Lot 9/33A Lamikvenue owned by him. Mr McSweeney's Deferment report was read and after discussion it was agreed to defer these better- ment assessments Upon motion duly made and seconded, it was voted under the provisions of Chapter 159 of the Acts of 1950, to defer payment of sewer betterment assessments for the following lots owned by Richard R. Corazzini of 188 Blossom Street, without interest, until said land or any part is built upon, sold or until the expiration date of September 8, 1978, whichever event occurs first, provided, however, that this extension of time shall terminate immediately if said land or any portion thereof is built upon or sold Lot 9/33A Blossom Street, $2,777 15; Lot 9/33B Blossom Street, $2,644 49; Lot 9/33C Blossom Street, $1,091 27; Lot 9/33A Lawn Avenue, 1 $1,822 45 Ambulance Mr Kenney showed the Board a list of uncollectible ambulance bills Bills that had been received from the Tax Collector requesting that they be abated Mr Kenney felt that some of the people on the list would be willing to pay if they knew their name is on the list Mr O'Connell in- formed the Board that the Tax Collector sends out the bills and follows this up with another and that it is ignored by most Mr Busa stated that he didn't blame the people for not paying when the tax payer pays for it in the end. He felt that this was an unfair practice and he was not in favor of abating the bills Mr O'Connell stated that there was no legal way of forcing them to pay as you can't put a lien on their property Mr Kenney requested Mr O'Connell to look into the matter further and report back to the Board Upon motion duly made and seconded, it was voted to table the request from the Tax Collector to abate uncollectible ambulance bills Request Mr Kenney read a letter from the N rth Lexington Association request- ' from No. ing a temporary parking ban along a port on of Grove Street at the Esta- Lexington brook School the voting place for Precin t 7 on election days Mrs. Wheaton Assoc was present and informed the Board that here are sometimes several cars Parking parked there during election days with s gns mounted on their roofs urging Ban - support of a particular candidate She tated that the signs restrict the Grove St view of those exiting the driveway Mr McSweeney informed the Board that the Traffic Safety Committee would be me ting on next Tuesday and they would be glad to take the matter up at t at time 571 Selectmen's Meeting February 9, 1976 Mr. Kenney read a letter from Mr Richard B Brown, the Town Adminis- Request trator for the Town of Bedford stating that the town has been attempting Town of to prohibit truck traffic on Ashby/Walsh Roads in Bedford. The State had Bedford indicated that the only feasible alternate route for truck traffic would Truck be along the Great Road (Rte 4 and 225) and thence along Hartwell Avenue Route to the industrial area Permission must be received from the Town of Lex- ington to pass over these routes Mr McSweeney's report indicated that Mr Brown or any appropriate representative from the Town of Bedford should meet with the Traffic Advisory Committee to discuss the matter Mr Kenney stated that a meeting would be set up Mr Kenney read a request from Mr Lewis D Gurman, 122 Grant Street, Request Lexington for the use of Cary Hall and adjoining rooms for auditions and for Cary rehearsals for February 18-April 29 and performances for April 30-May 1, Hall May 7-May 8 for a theatre group The rehearsals would be from 7 00 p m. Mr Gurman to 11 00 p.m. three nights a week except for the week of April 25 when the hall will be needed 4 nights Performances would be from 8 00 p m. to 10 30 p m. Mr Gurman's letter stated that this is a newly organized group whose aim is to establish a year-round theatre which will provide the community with an opportunity to participate in all phases of theatre and see productions of artistic merit They intend to involve people of all ages (school-age people and older people, as well) Their further aim is to become self-sustaining, but not profit-making that is, to make only whatever is necessary to sustain operations--i e , buy lighting equip- ment and costumes, pay for royalties, etc Mr Gurman had been in to the Selectmen's Office and was given an application to fill out Miss Casey had informed Mr. Gurman that, as a general rule, Cary Hall was not let out to anyone during Town Meeting He requested the name of the Town Manager, which was given to him. Mr O'Connell informed the Board that he had received a call from Mr Gurman He pointed out that this is a private organization although it seems to be school related and asked why they didn't use the school facilities He informed the Board that a precedent would be established that could lead to many similar requests if this was granted He pointed out that there was no money budgeted for this type of use of the hall He pointed out that the overtime fee is paid for by the user of the hall but Mr Gurman wished the Town to absorb all the expenses He pointed out that the Board has exercised a policy to hold to one schedule during the Town Meeting Mrs Battin stated that the Selectmen do have the option of waiving the fees if it was in the public interest She stated that the group was not school related that it is young and old people involved Mr Kenney pointed out that they were asking for three nights a week for almost three months which was contrary to the policy in the past He felt that it would leave the Selectmen wide open Dr Kassler felt that he would hate for the Board not to encourage a group like this He felt that Lexington would benefit from it The group have offered some of the proceeeds to reimburse the Town He felt that the custodial fees could be temporarily waived He also offered to explain the situation to them. 5 S Selectmen's Meeting February 9, 1976 Mr O'Connell pointed out that it would cost about $20,00 per night plus police and fire coverage during the performances He pointed out that there was no money in the budget to absorb it Mrs Battin felt that it was a great way to get the community together and the hall should be made available for dress rehearsals and performances Dr Kessler suggested that the matter be tabled and he would meet with Mr Gurman this week and explain the Town's position Request Mr Kenney read a letter from Steven E Cox and Karen M. Pelusi re- for questing information concerning the property at 64 Garfield Street which Sewer they are interested in purchasing The property is not connected to the Cox- town sewerage system. The Woburn Five Cent Savings Bank, through whom Pelusi they are procuring a mortgage, is requesting a letter from the Selectmen's Garfield Office stating that the Town of Lexington will provide the necessary sew- St age Mr McSweeney informed the Board that this sewer extension is not funded in the projected fiscall '77 budget Mr Kenney is to write to Miss Pelusi and explain that as there has been no previous petition for this sewer extension and the funds are not included in the '77 budget, if they wish to install the sewer at their own expense, the Town will make arrangements to add it to the upcoming contract and it could be installed in the summer Otherwise, they could petition next fall for consideration in the fiscal year 1978 budget YELP Mr Busa informed the Board that he felt that it should be known by the Lexington residents that Joanne Frey, author of the YELP report was a member of the defense attorney's staff at last week's appeal in Lowell Superior Court Budget Mr Kenney informed the Board and the Appropriation Committee that Council Mrs Jan Stumpp, Chairwoman of the Council on Aging was not ready to on Aging present the budget as had been previously scheduled Mr Furash ques- tioned as to whether or not this extension of time meant that additional funds were going to be requested He pointed out that a statement of their priorities should be forthcoming in order to reduce the risk of com- plaints that preference was given to a particular program. Mr Kenney is to request a statement of priorities from Mrs Stumpp when she meets with the Board and the Appropriation Committee on Saturday Budget During further discussion of the budget, it was brought out that the estimate for land acquisition and development (exclusive of conservation purchases) was $70,000; $15,000 for brook reclamation, $35,000 for the con- servation fund and $20,000 for replacement of the Estabrook School parking lot drain The technical services/studies figure was revised to $52,000 including $25,000 for drainage and the remainder for inflow/infiltration studies Agreement was reached on a figure of $526,200 for public works utilities (truck sewers, sewer laterals, drains and mains) and $271,400 for improve- ments of public properties Included in the figure of $98,300 for road 4 I III Selectmen's Meeting February 9, 1976 machinery was $46,000 for replacement of the 1943 Barber-Greene snow loader; $14,000 for replacement of 1967 seven-gang mower; $7,000 for new half-ton pickup truck; $2,000 for New York rake; $2,800 for new plow and $8,800 for two mowers A transfer of funds of $7,000 for the Center Pool with the balance of the available $12,000 to be retained for emergency maintenance was approved. Mr. McSweeney, Director, Public Works/Engineering informed the Board that he had gone nationwide to find a wooden flagpole to replace the old one with no success He does have estimates on fiberglass and stainless steel with aluminum top; the cross bridge being retained as at present. There was discussion as to whether or not a shorter pole could be erected instead of the 130 foot old one, hopefully cutting the cost from $25,000 as estimated It was also brought out that prior approval of the Historic Districts Commission may be required for anything but a wooden pole $70,000 was agreed upon for land acquisition and development (exclu- sive of conservation purchases) as follows $15,000 for brook reclamation, $35,000 for conservation fund and $20,000 for replacement of the Estabrook School parking lot drain It was agreed to request an additional $26,000 for the completion of the ball field lighting project and $7,000 for im- provements to Harrington School ball field An additional $15,000 will be requested to be put toward the total cost of property revaluation to comply with the state requirements for 100 percent valuation Mr O'Connell informed the Board that there would be a significant in- crease in the Blue-Cross-Blue Shield payments for town employees This in- crease will become effective on April 1 and individual membership rate will be $29 12 per month and family membership will be $79 00 per month. Mr O'Connell pointed out that the Town pays 50 per cent of this cost and it is one of our most vital fringe benefits Mr John Butler, Chairman of the Personnel Advisory Board reported to the Board and the Appropriations Committee relative to information submitted by Mr Irwin, Mr Perry, Mr O'Connell and Mr Cook with respect to the re- quest for two positions (Clerk - Tax Collector's Office and Electrical In- spector) The Personnel Advisory Board felt that there was lack of suffi- cient hard data and/or analysis of alternate solutions to the work load problems to justify a full-time permanent position and that CETA funds should be used if available The following recommendations were made Inspection -- Full-time provisional position for one year subject to two commitments a Development of a Management Information system to track current work load and projected minimum requirements b Not later than September 30 and as much earlier as practicable, PAR to analyze data gen- erated by above system and recommend appropriate staffing Tax Collector's Office - Full-time provisional position for one year subject to the follow- ing commitments a Town Manager will obtain proposals by April 1 from outside vendors for the preparation and processing of Town payrolls b. If it is determined that such a service is feasible, the work load problem Ill will be alleviated by internal transfers and the position will not be filled. c If such a service is not feasible, the PAB, after further examination 580 Selectmen's Meeting February 9, 1976 oi' data generated in management studies, will make a further recommendation a:, to whether or not it believes the position should be filled. Such rec- ommendation shall be made prior to the projected termination of CETA funds Mx• Furash expressed concern about adding new full time positions in Town Gcvernment Mr O'Connell stated that they would be examining during the year the question of whether or not part of the inspection work load could be handled by workers in the Inspection Department. Blue Cross/ Mr O'Connell reported to the Board that there would be a substantial Blue Shield increase in the Blue Cross/Blue Shield rates this spring There will be Increase approximately a 70% increase in the rates with the family rate jumping to $79 00 and the individual rate to $29 00 Mr Furash commented that this would be about $1 50 increase on the tax rate Mr O'Connell pointed out that this will become a major consideration in the total package in the collective bargaining sessions, relative to tl.e 75/25 sharing by the Town Minutes Upon motion duly made and seconded, it was voted to approve the minutes of February 2, 1976 Upon motion duly made and seconded, it was voted to adjourn at 10 10 p m. A true record, Attest a(fi'" 227 Principal Clerk S81 SELECTMEN'S MEETING February 17, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Tuesday,February 17, 1976, at 7 30 p.m. Chairman Bailey, Messrs, Kenney, Busa, Kessler and Mrs Battin; Mr. O'Connell, Town Manager; Mr Cohen, Town Counsel; Miss Casey, Principal Clerk, were present Chairman Bailey declared the hearing open on the petition of the Hearing Boston Edison Company to erect or construct a line for the transmission Boston of electricity at 345 kV comprising a total of eight (8) overhead wires Edison for such transmission over and across certain public ways of the Town Notices of the hearing were sent to the abutters, as shown on the plan of the petitioner, and also filed with the Director of Public Works/ Engineering Mr Arthur R. Serverson, Mr William H Jones, Mr John J Bartley, Mr Louis R. Delaplace and Mr John J Desmond representing the Boston Edison were present Mr Serverson presented the petition to the Board along with a map and pictures showing the present lines and explained how the new lines would be installed. Mr Busa asked if the installation of these new wires would create an increase in the noise because of the "hum" Mr Serverson assured him that it would not Mr Barbara Christensen, 153 Grove Street, one of the abutters stated that was her concern, also. She was satisfied with Mr Serverson's answer Chairman Bailey read a recommendation from Mr John J McSweeney, Director, Public Works/Engineering that permission be granted No one 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 Boston Edison Company for the following locations Turning Mill Road, the northerly side line of the Right-of-Way begins at the intersection of Grimes Road and Turning Mill Road Grove Street,the southerly side line of the Right-of-Way begins at a point approximately 2850 feet north of the intersection of Grove Street and Yankee Division Highway (Route #128) Bedford Street, the westerly side line of the Right-of-Way begins at a point approximately 600 feet southeast of the intersection of Westview Street and Bedford Street Wood Street, the southeasterly side line of the Right-of-Way be- gins at a point approximately 2240 feet northwest of the inter- section of Wood Street and Massachusetts Avenue Marrett Road, Massachusetts Avenue, and Marrett Street at the inter- section of Marrett Road, Massachusetts Avenue and MarrettStreet I -682. Selectmen's Meeting February 17, 1976 Suit- MrO'Connell O Connell read a letter from Robert L Lyon of W H Lyon Real- Kingston tors, Inc commending the support and expert testimony of Jerry Martin Homes,Inc and John McCarthy of the Engineering Department in a suit for additional damages brought by Kingston Homes, Inc involving 6 5 acres of land at the end of Longfellow Road which was taken by eminent domain for conserva- tion purposes Mr Lyon stated that the suit was vigorously and aggres- sively pursued by Kingston Homes and the amount of damages were to a great extent limited and minimized by the efforts of Mr Martin and Mr McCarthy East Lex A letter from John J McSweeney to Rentel & Frost Co , Inc , commend- Library ing the people who worked on the air conditioning installation at the East Lexington Branch Library was read by Mr O'Connell who stated that there would be a favorable balance to be used in carrying forward in reducing the tax levy. The Library Trustees are also preparing a letter to be sent out Traffic Mr O'Connell read a memo from Mr McSweeney stating that during the Safety past few weeks, the Traffic Safety Committee has been discussing the formal Comm. appointment of Peter M. Chalpin, Senior Engineer and Traffic Engineer, to App't a position of full voting member of the Committee Mr Chalpin has been an Peter M. ad hoc member of the Committee for nearly six years He has also been Chalpin secretary, engineer and principal report writer since the departure of the former chairman, Mr A V Zaleski Mr Chalpin has also been the repre- sentative of the Board of Selectmen in such transportation matters as the Boston Transportation Planning Review Red Line Extension, the Commuter Rail Improvement Program, the Joint Regional Transportation Committee, the Route 2 Relocation Project and the TOPICS Program He is intimately involved with every aspect of traffic safety and traffic engineering the Town, from sign- ing and street lighting to design and installation of traffic signals Mr Chalpin holds a Bachelor of Science Degree in Structural Engineering and has attended Northwestern University's Traffic Institute The Committee voted unanimously at their meeting of February 3, 1976 to request his for- mal appointment Upon motion duly made and seconded it was voted to appoint Mr Peter M. Chalpin, Senior Engineer and Traffic Engineer, to a position of full voting member of the Traffic Safety Committee Public Mr O'Connell read a letter from Mr Norman Stolz of Brewer & Lord Liab quoting a premium of $5,381 per year for Public Officials' Liability In- Ins surance with a $1,000,000 limit per occurrence and a $10,000 deductible per occurrence This quote is guaranteed for thirty days only Mr O'Connell explained that only the Board of Selectmen and the Town Manager are included in the coverage He also explained that he had made arrangements to be able to cancel the policy without charge if this is unacceptable to the Town after it has been placed by Brewer & Lord Dr Kassler asked if there was any way of getting another bid Mr O'Connell agreed to hold up on awarding the business to Brewer & Lord for another week at which time he hopes to have another quote to pre- sent to the Board from Alexander & Alexander Selectmen's Meeting February 17, 1976 Chairman Bailey read a letter from Richard W MacLean, Past District Request Deputy, East District Chairman, Americanism Committee of the Massachusetts For Use of Elks Association, Inc requesting permission to hold a wreath placing cere- Green By The. mony at the memorial tablet of Captain Parker on the Lexington Green at Elks 2 00 p m. on Sunday, April 25, 1976 Upon motion duly made and seconded, it was voted to grant permission to the Massachusetts Elks Association, Inc to hold a wreath placing cere- mony at the memorial tablet of Captain Parker on the Lexington Green on Sunday, April 25, 1976 at 2 00 p.m Upon motion duly made and seconded, it was voted to certify the char- Cert of acter of the following who have applied for a Certificate Incorporation: Incorp Allan Rodman, 7 Abernathy Road, "Calphad, Inc " Richard A Michelson, 54 Asbury Street, "New England Shoe Retailers, Association, Inc " Upon motion duly made and seconded it was voted to sign the following Auction- renewal Auctioneer's Licenses eer's Robert N Cann, 48 Hancock Street; Richard H Soule, 16 Hancock Street;Licenses Lawrence W Graham, Jr , 23 Baker Avenue Upon motion duly made and seconded, it was voted to sign the Common Comm. Victualler license for Christos Kontos, d/b/as "Christo's", One Meriam Vict 111 Street, approved by the Board of Health License The Board agreed to reconfirm the vote of January 5, 1976 relative Reconfirm to the payment of certain costs for group life and health insurance cov- Vote on erage for retired teachers This action was necessary because Chapter Retired 739 of the Acts of 1975 did not become effective until 30 days after it Teachers was signed by the Governor Ins Upon motion duly made and seconded, it was voted to reconfirm the vote of January 5, 1976 rescinding acceptance of the law relative to the payment of certain costs for group life and health insurance coverage for retired teachers The Board discussed the application from Ong, Ong, Inc for a Common Comm. Victualler License and All Alcoholic Beverage License to open a Chinese- Vict & All American restaurant at 21-23-25 Depot Square During the discussion, Dr Alcoholic Kassler stated that he was concerned about having a restaurant at this License App location Mr Bailey stated that the Board of Appeals had granted their Ong, Ong, request and that Mr Busa had attended the meeting and pointed out that Inc there would be a parking problem. Mr Busa stated that at the Board of Appeals hearing the owners had requested a closing time of 1 00 a m. Mr Bailey read the hours of the other restaurants in Town It was agreed to advertise the hearing date of March 8 and request recommendations from the Board of Health, Fire Department, and Building Commissioner Chairman Bailey read a letter from Stuart F Liss, Esq of the law Transfer 111 offices of Nicholson & Less requesting a transfer of the liquor license Liquor of the Dunfey Family Corporation at the Sheraton Lexington Motor Inn to License Sheraton 584 Selectmen's Meeting February 17, 1976 Hotel Tara Limited It was agreed to advertise this request on February 26, and hold the hearing on March 8 Request Chairman Bailey read a letter from Joel M. Schulman, 2nd Lt /Adju- for use tant of The Lexington Minute Men, Inc requesting the use of the Lexington of the Common for the purpose of staging the annual reenactment of the Battle of Green Lexington on April 19, 1976 between the hours of 5 00 a m. and 7 00 a m. Minutemen and 10 00 a m. and 12 00 noon Mr O'Connell brought out the point that it is still dark at this time of year and felt it would be better if this could be scheduled for a later time, because of the Police, D P W and Fire Department support that is needed The funds for this extra detail is not in the budget and we are getting very restrictive on the overtime It was agreed that the Chairman would request a later starting time for the ceremonies Acting Upon motion duly made and seconded, it was voted to appoint Allan F Chairman Kenney as acting Chairman of the Board from February 21 through March 1 Mr Kenney Chairman Bailey stated that as he would not be here when Mr Kenney's term of office expires he would like to take the opportunity to commend Mr Kenney on the excellent job he has done while as a member of the Board and as Chairman. He expressed pleasure as being his partner and wished "good luck to one of the best " Annual The Board discussed the list of 1976 annual appointments to be made Appoint- in March and it was agreed to post the list of vacancies on the boards ments and committees on the bulletin board of the Town Clerk and also in the Lexington Minute-man Youth A request from the Youth Commission to meet with the Board of Select- Comm. men to discuss their role in the Town was presented to the Board. It was agreed to meet with them at the meeting on February 23 at 7 30 p m. Turning The Board discussed a letter from Mr McSweeney relative to the En- Mill Env vironmental Overview Report which was prepared in conjunction with the Report construction of the Turning Mill Road Trunk Sewer Mr McSweeney's sug- gestion that the exhibit that was on display in the Town Hall during the construction of the project along with copies of the report, go to the Cary Library was accepted so that the public may fully avail themselves of this unusual report After interest in the material subsides, it is to be donated to the School Department for their permanent use and custo- dianship Expense Mr O'Connell distributed summary sheets of the Expense Budgdt Budget Upon motion duly made and seconded, it was voted to accept the Ex- pense Budget as presented by Mr O'Connell Capital Mr Busa informed the Board that he had received a phone call regard- Budget ing the recreation funds for the Senior Citizens that is now being taken111 L_ _ e? Selectmen' s Meeting February 17, 1976 over by the Council on Aging It was brought out that the Council on Aging had a problem in getting started but, at the present time, they were going forward Mr O'Connell distributed summary sheets of the Capital Budget and in- formed the Board that he believed they did not need to formally vote the account number on the summary sheet It was only necessary to vote their intent that the summary sheet represented the basis on which they wished to have the current article read Upon motion duly made and seconded, it was voted to accept the Capital budget as presented by the Town Manager Mr McSweeney reported to the Board that the Traffic Safety Committee Parking had reviewed the request of the North Lexington Association relative to Grove St their request to restrict the parking on Grove Street and agreed that it Voting Days would be permissible to do so for voting days Upon motion duly made and seconded, it was voted, 5-0, by roll call Executive vote to go into Executive Session to discuss strategy with respect to Session collective bargaining or litigation as an open meeting may have a detri- mental effect on the bargaining or litigating position of the govern- mental body, 8 40 p m. Upon motion duly made and seconded, it was voted to adjourn at 111 11 10 p m. A true record, Attest i(S?aliz.c.(;:7-A7 , 00_4_1( Principal Clerk I 586 SELECTMEN'S MEETING February 23, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, February 23, 1976, at 7 30 p m. Acting Chairman Kenney, Messrs Busa, Kessler and Mrs Battin; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Miss Casey, Princi- pal Clerk were present Mr Spiers Mr O'Connell introduced Mr Richard E Spiers, the new cemetery super- Cemetery intendent who has been working for the Town for 16 years Mr Spiers began Superin- working for the Department of Public Works in 1960 as a laborer at $1 61 an tendent hour In May, 1963 he was promoted to tree climber in the park and tree division and in July, 1966 he was appointed foreman for the highway and sewer division Mr Spiers, his wife and three children were also intro- duced. Mr Kenney pointed out that it was a very interesting time in terms of development at the cemetery as there are many changes expected in the next 10 years Mr Kenney stated that he was confident that under Mr Spiers management we will continue to be proud of Westview Mr Mark Mr Mark Moore, Jr came before the Board to request a reconsideration Moore, Jr of their decision of February 2 regarding the installation of Town & Coun- try lamps on Lois Lane Mr George Kenney of the Boston Edison accompanied Mr Moore and presented a plan showing the layout of the Center Village and explained the lighting locations and power of the lamps Mr Moore stated that he felt that Lois Lane was not a major street in the town and that 90% of the people using it lived there He felt that by using the traditional street lamps it would take away from the traditional atmosphere and charac- ter he has tried to develop During the course of the discussion it was brought out that each house has two outside lights that are on timers from dusk to 1 30 a m. which, in Mr Moore's opinion, would supplement the street lights Mr McSweeney, Director, Public Works/Engineering pointed out that the placement of the lights was all on one side of the street, and that there was a definite tunneling effect, and a loss of distribution because of the decorative type of lamp Dr Kassler asked Mr Kenney of the Edison if they had any requests to remove this type of lamp in other communities where they had been installed Mr Kenney stated that they hadn't, but they did have maintenance problems After further discussion, Mr Busa moved that the matter be taken under further advisement Chairman Kenney requested a list of streets in other towns that have the Town & Country type of lighting so that they can be inspected by the Selectmen The matter was tabled pending further investigation by the Board Youth Mary Rockwood, Chairman of the Youth Advisory Commission add!essed the Advisory Board with the concerns of her group relative to the lack of communication Comm. between the Selectmen, the Drug Advisory Committee and the Community Rela- tions Committee She stated that the Commission feels that it is not opera- ting to its fullest potential and that several members have considered dis- banding Mr Kenney pointed out to Miss Rockwood that the Board had invited i87 Selectmen's Meeting February 23, 1976 the Youth Advisory Commission to meet with the Selectmen on October 27, 1975 to have open lines of communication so that any concerns could be expressed He pointed out that no concerns were expressed at that time He said that the programs that were outlined at that time were considered of value by the Selectmen especially the establishing of a youth employment program. He reassured Miss Rockwood that through Dr Kessler, the Community Relations Committee and through Mrs Battin, the Drug Advisory Committee would keep in mind that the Youth Advisory Commission does exist and will be consulted by them on pertinent matters Mrs Battin stated that she was on the orig- inal ad hoc committee that set up the Commission and felt that perhaps now would be the time to sit down with other members of that committee and the Youth Advisory Commission and talk out the problem. Mr Busa, who also was a member of the ad hoc committee, pointed out that the youth wanted it to be a youth organization; youth run Mr Politi, on his first report showed many things that had been accomplished, but after a good start, the Committee has gone down hill Mr Busa also pointed out that, unfortunately for the Committee, Mary Rockwood had a very good opportunity to go to Washington this year and the Committee had to come up with a Vice Chair- man Miss Rockwood stated that they felt that they needed more outside guidance After further discussion, upon recommendation of Mrs Battin, that he would set up a meeting to include Mrs Battin, Dr Kessler, Mr Politi, Miss Rockwood and some members of the original ad hoc committee He commended the youth who have remained active on the Commission, noting that some adults have not been as faithful He suggested that the Commis- sion survey other towns in the area to see how they are approaching youth- related problems Mr Kenney addressed the group "You said you're here to serve, and we're here to help you do that " Mr O'Connell informed the Board that he had a request from the Rain- Request bow Girls for permission to paint the fire hydrants in the Center as a to Paint Bicentennial project Mr McSweeney said that the Water Department had Fire expressed the same idea a few months ago and stated that there are kits Hydrants that are available depicting different characters It was brought out that the Historic Districts Commission would have to be consulted before anything like that could be done Mr McSweeney is going to pursue the matter further The Town Manager read a list of his pending appointments as follows Town Mgr Recreation Committee, 2; Board of Assessors, 1; Permanent Appts Building Committee, 1; Board of Health, 1; Conservation Commission, 2 Mr O'Connell distributed to the Board a memo regarding the Permanent School Building Committee's role in the School Department's Building closing pro- Phasing gram in which he stated that he felt that the School Committee deserved Out public commendation and strong support on their decision to go forward Program with plans to close certain schools He stated that he felt that those in General Government owe them full cooperation and assistance in help- ing to determine what the Town will do with these "to be surplused" facilities 588 Selectmen's Meeting February 23, 1976 Mr O'Connell had met the the PBC and asked them to consider taking on the responsibility of representing all General Government interest in the matter In General Terms, the major tasks seem to be as follows 1 Provide information and any assistance possible to the School De- partment with its plans and decisions 2 Determine the future building space needs of Town Government, and any public service agencies (such as Red Cross) whose role is such that the Town may be willing to consider use of public building space The work would include surveying and evaluating these needs and developing a space requirements report with recommendations This includes the complete liasion with all interested or involved Town Departments or agencies, for example the Goals and Objectives Group on the future utilization of these resources to meet future Town require- ments Among the potential needs already identified which deserve con- sideration are A community center providing facilities and services to serve both the youth and elderly citizen segments of the Town Facilities and space to headquarter the Recreation Department and provide for many non-athletic recreation programs such as the Chess Club, sewing classes, exercise programs and similar General Government office and committee meeting room space We are already at the overflow point and we need permanent space for new agencies such as the Council on Aging Replacement space for the Red Cross The present building is in poor condition and probably should be demolished (or sold) rather than renovated. Conversion of a school building into housing, preferably for low/medium income family needs These are only illustrative, we can expect that there will be numerous other uses or tenants worth consideration which will emerge from citizen interest Mr Kenney stated that he had discussed the matter with Mrs Swanson, Chairman of the School Committee and it would be quite appropriate to have a joint meeting with the School Committee, Finance Committee and the Board of Selectmen and anyone else that would have appropriate input associated with the closing of the schools The effect of this is community wide and should have a broad base Mr Kenney is to formally write to the School Committee and set up the meeting Hayes Lane A status report on funds due under the Hayes Lane sewer Federal grant Sewer revealed that that $36,000 will be forthcoming in 6 or 7 weeks Personal Mr O'Connell's report on the Recreation Personal Services Budget was Services given to the Board and he suggested the following actions in order that Budget the personal services budget can be finalized Recreation 1 Review the Director's recommended revisions in users fees, accept and authorize them or make such revisions as the committee determines are appropriate 2 Review the recommended program increases or extensions and deter- Selectmen's Meeting February 23, 1976 mine which if any it approves of and any other program additions or reduc- tions the committee feels are appropriate Priorities should be established 3 The FY 77 budget level can then be established The additional in- come represents the maximum operating budget increase allowable Priorities will determine what program increases should be approved up to the funding limit We must take the expense budget increase into consideration also I have analyzed below the total operating budget picture which represents my recommendation to the Board of Selectmen and Appropriation Committee on the maximum which should be allowed for FY 77 It involves adjusting of the FY 76 expense budget to a "normal" year for measurement purposes because of the change in handling Old Res water costs and elderly recreation bus trans- portation Mr O'Connell stated that he felt that the budget and the policy under which it is established will come under attack from citizen groups who are advocates of much more free recreation services He pointed out that the Recreation Committee is obligated to submit its recommendations following the policy guidelines regardless of whether they agree or not as a committee with the policy Also, the Recreation Committee using its judgement on what is in the best interests of Lexington is free to concur or disagree with the policy He felt that it was a fair and sound budget policy, but would like to see it have more flexibility Mr O'Connell reported to the Board that he had reviewed an insurance Insurance policy submitted by Alexander & Alexander on Public Official Liability In- surance. He pointed out that it had very favorable features over the policy previously submitted The Board still had several questions regarding the °overage provided and Mi O'Connell is to look into the matter further Mr Kenney read a letter from the Board of Selectmen of the Town of Town of Burlington expressing their concern about the diversion of Lexington's raw Burlington sewage which flows into the Vine Brook, their main water shed area They Complaint listed incidents in October, 1972, February, 1973, and January 28 and 29, 1976, stating that it is a serious health menace and that Lexington has been aware of this problem for years The letter contained the sentiments that Lexington' s handling of the subject emergencies has been completely unsatisfactory and that the State Pollution Control and Burlington's Town Officials, such as the DPW, Board of Health, Conservation Commission and Board of Selectmen have learned abou the pollution, after the fact Mr Kenney requested Mr McSweeney's comments regarding the complaint. Mr McSweeney, when questioned by Mr Kenney, stated they they did pump into the brook to relieve two of the houses that were affected Mr McSweeney stated that he had notified the Town of Burlington, the MDC and the local Board of Health of the problem and all were contacted by noon He referred to his complete report that had previously been submitted to the Board. Mr McSweeney is to reply to the Town of Burlington relative to its complaint. A request from Police Chief Corr, to appoint Special Policemen was Special read. Because of administrative problems associated with one-year appoint- Police 590 Selectmen's Meeting February 23, 1976 ments, he requested that the appointments be for two years A list of names was submitted with the request Dr Kassler suggested that the matter be tabled until there was a full Board to sign the Certificates Upon motion duly made and seconded, it was voted to sign the Special Police Certificates on March 15, 1976 Cary Hall A letter from the Lexington Theatre Company, formally requesting the Mr Gurman use of Cary and Estabrook Halls was read by the Chairman The group agreed to pay whatever portion of the custodial fees the Board deemed necessary as well as any fees for police protection on the nights of the production Dr Kassler said that he had met with Mr Gurman and explained the cost of custodial services and pointed out to him that the Town is donating a great deal if they do give the hall rent free Mr Busa reiterated his previous sentiments regarding his questions of where the money is coming from, what fees they are charging and what happens to the profits Mr O'Connell informed the Board that he had talked to Mr Forrester, also a member of the group, and from this conversation gathered that this is to be a "theatre in the round", which requires special lighting that Cary Hall is not equipped to provide Mr Busa pointed out that Masterworks Chorale pays rent Dr Kassler stated that he felt that it would be an admirable thing for the Board to grant this request this year, giving them the oppor- tunity to get started After further discussion, it was agreed that Dr Kassler is to again get in contact with Mr Gurman and invite the group to come before the Board next week and answer the questions that have been brought up Water Bill Upon motion duly made and seconded, it was voted to approve the rec- Abatements ommendation of the Director of Public Works/Engineering for abatement of the following water bills Robert F. McSweeney 27 Constitution Road $ 15 75 Frank Allia 154 Bedford Street 36 90 John Peters 51 Ward Street 63 45 W H Larsen 27 Skyview Road 13 50 Peter Bochnak 69 Spring Street 62 10 Lionel Lynch 98 Spring Street 138 60 James Evans 196 Burlington Street 50 85 Lex Hist Soc 36 Hancock Street 140 85 Pramod Handa 12 Brandon Street 11 25 Sidney Alport 14 Lisbeth Street 83 70 Deeds Land Upon motion duly made and seconded, it was voted to grant the request to Cons of Town Counsel to sign needs transferring Town owned land to the Conserva- Comm. tion Commission as authorized under Article 49 of 1974 and Article 81 of 1975 Cary Hall Upon motion duly made and seconded, it was voted to grant the request of the Town Celebrations Committee for the use of Cary Hall on April 18 from 2 30 p m until 4 30 p m as an alternative in case of rain for the exercises scheduled by the Lexington Minute Men and Girl Scout Drum and Bugle Corps on the Green 591 Selectmen's Meeting February 23, 1976 Upon motion duly made and seconded, it was voted, 4-0, by roll call Executive vote to go into Executive Session to discuss strategy with respect to Session collective bargaining or litigation as an open meeting may have a detri- mental effect on the bargaining or litigating position of the governmental body, 9 15 p m Upon motion duly made and seconded, it was voted to adjourn at 9 45 p m. A true record, Attest . Principal Clerk 592 SELECTMEN'S MEETING March 1, 1976 A regular meeting of the Board of Selectmen 4,as held in the Select- men's Meeting Room, Town Office Building, on March 1, 1976, at 7 30 p.m. Acting Chairman Kenney, Messrs Busa, Kessler and Mrs Battin; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Direc- tor of Public Works/Engineering; Miss Casey, Principal Clerk were present At the request of the Town Clerk six jurors were drawn as follows Sara C. Bittenbender 85 Meriam Street Theresa Rheum 28 Ward Street Ted Porretti 7 Percy Road Judith Kliger 20 Turning Mill Road Marshall S Kates 15 Burroughs Road Carl B Swanton 66 Harding Road Proclamation Acting Chairman Kenney informed the Board that a request had been re- ceived from Albert L Sherburne, 0 D for the Board of Selectmen to proclaim the Month of March as "Save Your Vision Month" Upon motion duly made and seconded, it was voted that Board of Select- men would sign the proclamation declaring the Month of March as "Save Your Vision Month" Presenta- Miss Mary Rockwood, Chairman of the Youth Advisory Commission, met tion M. with the Board and informed them that she had spent the month of January Rockwood in Washington working in Congressman Tsongas' office and had been requested to return to Lexington the large sketch of President Ford that had been sent there to be autographed She also presented to Mr Kenney a picture of himself and President Ford that was taken at the Bicentennial ceremonies on April 19, 1975 and autographed by the President Mr Kenney thanked Miss Rockwood and she retired from the meeting Cary Hall Mr Lewis Gurman met with the Board to further review his request for Mr Gurman the use of Cary Hall for the "Lexington Theatre Company" As a result of several questions by Mr Busa, Mr Gurman informed the Board that this is an amateur group comprised of 80% Lexington residents with 12 students from the High School It is in the process of becoming incorporated as a non profit organization and the directors will not be paid a fee Mr Gunman explained that the group wanted to use the Hall as a "theatre in the round" which would necessitate moving chairs and increase lighting, with one row deep of moveable seats on the floor and the performance would be in the center Mr McSweeney cautioned that this would be changing the seating arrangements and would come under the General Laws, Chapter 148 "Fire Prevention" A lengthy discussion was held relative to the lighting arrangements and the question of insurance coverage Mr Gurman agreed e) 9 Selectmen' s Meeting March 1, 1976 that the "Lexington Theatre Company" would cooperate in every way requested for complete compliance with all local ordinances, inspections and permits necessary as well as an inspection by the Fire Department Anything in terms of change would have to be done under the direction of the Director of Public Works/Engineering Upon motion duly made and seconded, it was voted to grant permission to the "Lexington Theatre Company" for the use of Cary Hall, under the direction of the Town Manager, for the following dates May 10, 11, 12, 13, 14, 15, 28 and 29 Mr Gurman retired from the meeting Mr. Zehner, Town Treasurer, met with the Board to request approval to Town borrow $20,000 for the acquisition of the Mimno land on Pleasant Street Treasurer Bids were received from the Harvard Trust Company 25 2 75%, New England Merchants at 2 45% and County Shawmut at 2 38% It was his recommendation to award to the lowest bidder Upon motion duly made and seconded, it was voted to approve the rec- ommendation of the Town Treasurer to borrow $20,000 from County Shawmut at 2.38%, notes to be dated March 5 and mature on June 1, 1976 Town Counsel recommended that the Board approve the request of the Mimno Conservation Commission to acquire land on pleasant Street owned by Harry Land Rowe Mimno and Kate Mimno and to sign the Order of Taking Upon motion duly made and seconded, it was voted to approve the re- quest of the Conservation Commission to acquire the land owned by Harry Rowe Mimno and Kate Mimno and to sign the Order of Taking by eminent domain for conservation purposes in the amount of $18,000 Mr. Zehner retired from the meeting Mr O'Connell recommended that the Board approve a request for a Transfer transfer of $800 00 to Account 2470 to adjust for the FY 76 self-sus- Request taining added volleyball program. 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 2470 in the amount of $800 00 Mr O'Connell recommended that the Board approve a reserve transfer Transfer request in the amount of $1100 to Account 3550 for the operation of the Request new animal shelter including money for cages for injured and stray cats 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 3550 in the amount of $1100 Mr O'Connell informed the Board that the Inspection Services Office Insurance (formerly N E Fire Insurance Rating Bureau) are in town to start an up- Rating date of Lexington's insurance rating, which involves an evaluation of our Fire Department and will include an evaluation of our water system. He stated that this would form the basis for a new insurance rating for the Town 594 Selectmen's Meeting March 1, 1976 i ' Public Mr O'Connell recommended to the Board that it select Alexander & Liability Alexander to place the Public Official Liability Insurance with the Mid- Insurance land per their quote of $5,838 annually Mr Kenney asked what the effective date would be and Mr O'Connell replied that it would be the date of the authorization by the Town. Mr Kenney then asked if he had talked to them regarding the spread- ing of the payments Mr O'Connell stated that if they can, and the Town could pay one quarter and pick up the balance we would need $500.00 with a net of $3,000 He felt that this policy had a big advantage over the other one It was agreed that Mr O'Connell would ask for an OK from the Appropriation Committee for a transfer and get back to the Board next week Burlington Mr O'Connell informed the Board that Mr Irwin had met with Mr Arcade Bernard late last week to have him remove the trailer mounted with cloth signs on the opening of Loehmann's store Mr Bernard advised him that the court had ruled in his favor regarding the egress The barriers had been taken down at the entrance and exit This will further complicate traffic on North and Lowell Streets Mr O'Connell suggested that Mr McSweeney take a look at it in a few weeks after the opening days were over and traffic would be at a normal flow Mr McSweeney is to report back to the Board Unpaid The question of the abatement of the unpaid ambulance bills was again Ambulance discussed and Mr Busa reiterated his earlier position that something Bills should be done to collect this money and make it more equitable to all citizens of Lexington It was decided to have letters sent out to all the names on the list to see if some of the money can be collected Recreation Mr O'Connell distributed a memo relative to the Recreation Committee Comm. Personal Services Budget under Article 5 of $87,528 The Recreation Com- Budget mittee requests that they have the authority to make adjustments in the programs between the budgeted bases (which will be spelled out on a pro- gram basis on the pink sheet when submitted) and the actual basis which they may wish to adopt in October after a review of the 1976 program ex- perience Any revisions would be between programs with no increase in total programs cost Mr O'Connell felt that this was a reasonable request providing flexibility for the Recreation Committee to best meet the public needs and apply cost/benefits analysis in the final determination He strongly recommended that once the year's programs are finalized they should be operated that way without change, except for very exceptional circumstances The Board agreed Recreation A discussion was held relative to the February 26 article in the Facilities Minute Man describing the proposal of the Minute Man Regional Vocational Minute Man School's proposal to offer to member towns a cooperative plan for utiliz- Vocational ation of the school's recreational facilities when not in use It was School brought out that Lexington, because of its location, would benefit greatly Selectmen's Meeting March 1, 1976 from this and could make available to Minute Man School any of its Gen- eral Government recreational facilities when available which might help fill an unmet need Mr O'Connell is to write to the Superintendent of the school expressing the appreciation of the Board of Selectmen and to offer Lexington's recreational facilities pointing out that the availabil- ity would be subject to the prior commitments of Lexington's school or recreation program requirements Mr O'Connell informed the Board that he had received from the School School Department the final fiscal 1977 budget in the amount of $14,490,134 Budget Upon motion duly made and seconded, it was voted to sign the Common Dunkin Victualler License for the new owner of Dunkin Donut Shop, 374 Waltham Donuts Street, Claude J Djevalikian with the same hours as the present license License Upon motion duly made and seconded, it was voted to grant the re- Buckman quest from the Painters Guild of the Lexington Arts and Crafts Society Tavern for the use of Buckman Tavern grounds on May 22, 1976 with May 29 as a Grounds Arts rain date from 10 00 a m. to 5 00 p m. and on October 2 with a rain date & Crafts of October 9 to hold "Meet the Artist Day " Upon motion duly made and seconded, it was voted to refer the Dis- Traffic trict Highway Engineer' s letter of February 17 relative to Mrs Hartery's Sign request for a "caution" light on Marrett Road/Middle Street to the Traf- Marrett Rd/ fic Safety Committee for further study Middle St Upon motion duly made and seconded, it was voted to grant the request Permit of Major P H Ray, United States Marine Corps for permission to use the Battle Green Battle Green to conduct commissioning ceremonies on Saturday, June 12, 1976 Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's meeting of February 23 as amended Upon motion duly made and seconded, it was voted to grant permission Permits to Mr David Terry, Principal of the Muzzey Junior High School for two Battle students to decorate one of the refuse containers on the Green with a Green Revolutionary-Colonial motif under the direction of Mr McSweeney, Director Public Works/Engineering Upon motion duly made and seconded, it was voted to sign the gift of Cons a conservation easement from Mr & Mrs David Walsh The easement runs Easement along their property which borders the Vine Brook The Town was autho- rized to acquire the easement by vote taken at the 1967 Town Meeting Upon motion duly made and seconded, it was voted to appoint Alfred S Acting Busa acting chairman from March 2 through March 4 Chairman Upon motion duly made and seconded, it was voted, 4-0, by roll call Executive vote to go into Executive Session for the purpose of discussing strategy Session 596 Selectmen's Meeting March 1, 1976 with respect to collective bargaining and related matters Upon motion duly made and seconded, it was voted to adjourn at 9 01 p m A true record, Attest. /12262, 2, U Principal Clerk a-4-T %rt. ti I 1 SELECTMEN'S MEETING 1 IIIMarch 8, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, March 8, 1976 at 7 30 p.m. Chairman Bailey, Dr Kassler, Mrs Battin, Mrs Miley; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present ) The re-organization of the Board was postponed until next week when Re-organiza- all members of the Board of Selectmen will be present tion of Upon motion duly made and seconded, it was voted to defer the re- Board organization of the Board of Selectmen until Monday, March 15, 1976 Chairman Bailey declared the hearing open on the application of Ong, Ong, Ong, Ong, Inc , Robin Y P Ong, President, for an all alcoholic beverages Inc -Liquor Common Victualler license for a restaurant to be located at 21-23-25 Application Depot Square, Lexington main dining room, service bar, reception area on first floor; men's and ladies lavatories, function room, kitchen and storage areas on basement level; entrance and exit at 25 Depot Square; exit at 21 and 23 Depot Square Notice of the hearing was published in the February 26, 1976 issue of the Lexington Minute-man, and said notice was sent by the petitioner, by certified mail, to abutters listed as owners of the buildings and tenants of the buildings Attorney Harold F Kowal, representing the petitioner, informed the Board that Mr John C Birmingham III is to be the Manager of the restau- rant, in accordance with the vote of the Board of Directors of Ong, Ong, Inc at the special meeting held on February 12, 1976 Mr Kowal introduced Mr Robin Y P Ong, President of the Corporation Mr Ong I have a floor plan to show to the members of the Board, showing the entrance at 25 Depot Square and facing the Square The seating capacity of the main dining room is 202, and we have different sections of different seating arrangements In the waiting area, there will be a pro- jector for slides to be shown to the people waiting to be seated The bar is merely a service bar and no one would be allowed to sit there We use a dumb waiter for dishes but we are not planning to use that much The kitchen is in the basement; also the function room, which can have a capac- ity of 120 persons We have different exits from the kitchen and the stair- way is not to be used for carrying dishes up and down; it is just for the customers We have to widen the floor on the stairway We have a ladies' and men's room and kitchen cooking area and two storage areas plus refrig- eration area The garbage disposal room has an icebox to store garbage before it is disposed r,. We would not only have Chinese food but also American food - steaks, seafood, etc and I would have a separate American chef to do it The Chinese menu will be large We request hours of 11 00 a m. to 1 00 a m. on weekends and 11 00 a m. to 11 00 p m. weekdays We have a restaurant in Cambridge and the news critics show it is on top of the list as far as 2 Selectmen's Meeting March 8, 1976 111 I quality I submitted a copy of the newsclip to the Board of Appeals and would be happy to give one to you On garbage disposal, we are going to have a cold room to put garbage in during the daytime; it will be placed in heavy plastic bags and can stand 24 hours before smelling Late in the evening, we will send it to the service area to be picked up by a garbabe company before 8 00 a m. The Board of Appeals made it a condi- tion of the special permit In case we have too much, I'll put in a commercial type garbage/trash compactor There will be no garbage visi- ble during the daytime and no odor About ventilation, which is a problem in restaurants, we have used a filter to get rid of the grease but it diver works Now, I am putting in activated charcoal, which is the most effec- tive way of doing it In checking with towns, they are pushing for new building code for restaurants, especially the Town of Natick Maintenance is another expensive part of ventilation because the filters are very easily deactivated by grease; it is expensive to maintain The Board of Appeals has already gone through this kind of problem with us Traffic might be affected when I open up the restaurant but, from my experience, it will be mostly customers who will be walking I dontt think there will be a very serious traffic pattern change due to my opera- tion During the dinner hour, the parking lot is eventually empty after 5 30 p m. so there should be no problem. I'll do valet parking for older people during the evening Chairman Bailey asked if Board members had any questions No ques- tions Chairman Bailey read reports from the Fire Department, Director of Public Health and the Building Inspector Fire Dept The Fire Department had no objection to the granting of licenses pro- Report vided the requirements of the State Building Code were met and the means of vapor removal from cooking equipment complies with National Fire Pre- vention codes Atty Kowal Mr Ong' s proposal goes far beyond these requirements Bd of A report from the Director of Public Health states that a letter had Health been mailed to Mr Ong today informing him that a review of the submitted Report plans and an inspection of the site of the proposed restaurant show that they are within the recommended guidelines of the Lexington Board of Health at this time However, as progress is made, further requirements are neces- sary concerning ventilation, handling and storing of rubbish and garbage, stair treads and risers on stairway, toilet rooms for food service personnel, storage of food to be protect against contamination; no overhead plumbing in food preparation area, smooth ceiling in basement level kitchen and dining room, dumb waiter to be of sanitary design and construction, and approved sinks and equipment Further, an inspection of the premises showed that there is much alteration and construction to be done, and Mr. Ong should be aware that other modifications may be required it, at the time of construction, adverse conditions are encountered that were not *-"N originally observed After the inspection of the premises and a meeting with Mr Ong at the Board of Health meeting, the Board of Health feels that their rules and " 1 3 Selectmen's Meeting March 8, 1976 regulations can be met. The biggest difficulties to be resolved, from a Board of Health standpoint at this time, are rubbish storage, handling and disposal of such, and the ventilation system The rubbish problem will be solved by the construction of a refrigerated area for the storage of gar- bage, installation of a garbage grinder and daily pickup of rubbish and garbage The ventilation system to be employed to handle odor problems that are anticipated are still being investigated by this department I have discussed this matter with the Health Department in Danvers and they report favorably as to the reliability of the proposed system I have also checked with other reliable sources (companies using the proposed filter system) and all reports are favorable at this time It is my intention to investigate this matter further The Director of Public Health recommends that any approval shall be granted subject to the conditions and Rules and Regulations of the Board of Health. A report from the Building Inspector enclosed. a copy of his letter to Building the Board of Appeals stating that more fixtures are required over the num- Inspector ber of lavatories shown on the proposed plan Also, a copy of a letter to Report Mr Ong recommending that his architect check certain architectural fea- tures which may have to be provided under the Architectural Barriers Board's Rules and Regulations to facilitate the use of the building for the physi- cally handicapped. The Building Inspector sees no reason why licenses for Common Victualler and Alcoholic Beverages should not be issued provided Mr Ong understands the requirements that have to be met Chairman Bailey read letters from the Senior Warden and the Clerk of the Church of Our Redeemer, 6 Meriam Street, stating no objection to the Board of Selectmen issuing an alcoholic beverages license for a restaurant to be op- erated by Mr Ong at 25 Depot Square, with the hours of operation determined by the Board Also, a letter from the Parish Council President of St Nicholas Greek Orthodox Church, 17 Meriam Street, stating no objection to the res- taurant or the issuance of an alcoholic beverages license Chairman Bailey read the conditions of the permit granted to Ong, Ong, Bd of Inc by the Board of Appeals Appeals 1. Alterations to the first and basement floor areas shall be substan- Conditions tially in accordance with plans and proposed changes submitted with the petition 2 An efficient ventilation system must be installed and kept in good working order. 3 Daily disposal of rubbish and garbage shall be made in accordance with the petitioner's promises 4 All necessary permits required must be obtained from town departments and boards according to their rules and regulations (a) Selectmen (victualler license, hours of operation, and liquor license, if desired) ; (b) Board of Health; (c) Fire Department; (d) Town Clerk (registering the business) ; (e) Particularly, approval must be obtained from the Historic Districts Commission for signs; 41 Selectmen's Meeting March 8, 1976 (f) Any other permits required by statute There were no questions asked by the Board, Town Manager or the audience Chairmain Bailey asked if anyone wished to be recorded in favor? Mr Ernest Giroux, owner of the building for the proposed restaurant We are, of course, concerned with the parking situation, and I think Mr Ong analyzed it pretty well This use is a better use than if I rented space to others We have observed the situation there, that most of the people who park in back are bank or office employees and they leave during lunch hour, also, people park on Meriam Street rather than in the back. We feel a restaurant will not make the problem any different than it is now It is a good restaurant and I hope that some day it will become a great res- taurant It will also be good for tourists who come to Town Mr Ong has mentioned having some kind of shuttle bus if the situation exists as my building has taxi stands and all-day parking behind the building Dr Clarke did speak at the Board of Appeals' hearing in favor of this use as a restaurant It is a better use than office space I speak strongly in favor of it No one else speaking in favor or in opposition, Chairman Bailey asked for comments of Board members Dr Kessler When Mr Giroux put up the building, it was the concern of people in Town that there should have been included in this building on- site parking, and Mr Giroux opposed doing that I wish I shared his op- timistic views on parking but I have reservations I don't suppose there is anything I can do at this time I, for one, however, am not going to be happy in the future if there are parking problems and the owners of the building come to the Town for increased parking in the area Mr Giroux The building was built only in accordance with the Zoning By-Law The original proposal went from Town Meeting to Historical Dis- tricts and they turned it down, and we are talking about two different con- cepts - and I don't wish to show that I am complaining. I am willing to cooperate with the Board Chairman Bailey pointed out that restaurants in the Center with Common Victualler licenses have hours of operation until 11 00 p.m and the Inn until 12 00 Midnight He recommended the hours of 11 00 a m to 11 00 p m., seven days a week; this would mean a uniform closing hour for all restaurants Upon motion duly made and seconded, it was voted to approve the appli- cation from Ong, Ong, Inc for a Common Victualler license, with the hours of 11 00 a m. to 11 00 p m. , subject to compliance with all conditions set forth by the Board of Health Upon motion duly made and seconded, it was voted to grant an All Alco- holic Beverages Common Victualler license to Ong, Ong, Inc , 25 Depot Square, subject to complete compliance with provisions of the conditions set forth under the Board of Appeals permit, and the requirements of the Board of Health, Building Inspector, Fire Department; also, the receipt of the Certi- ficate of Good Standing issued to Incorporations by the Department of Corpo- rations and Taxation Provided further, that this license is upon the condi- tions that it shall be issued only upon completion of such premises accord- ing to said plans as presented to the Board of Appeals and the Board of Selectmen a• Selectmen's Meeting March 8, 1976 Upon motion duly made and seconded, it was voted to request approval of the Alcoholic Beverages Control Commission for the All Alcoholic Bever- ages license for Ong, Ong, Inc Mr Louis A. Zehner, Town Treasurer, met with the Board Treasurer 1 Mr Zehner- Two years ago, the Town borrowed $50,000 in anticipation of reimbursement at the finalization of the construction of the pumping station The note was renewed a number of times and is due on March 12 I have received bids to refinance the loan and recommend that it be awarded to New England Merchants Bank at 2 45 percent, notes to be dated March 12 and maturing June 15, 1976 The Department of Public Works thinks that steps can be completed for reimbursement by the expiration of the note Upon motion duly made and seconded, it was voted to approve the recom- mendation of the Town Treasurer to refinance the loan of $50,000 with the New England Merchants Bank at 2 45 percent in anticipation of federal and state reimbursement notes to be dated March 12, 1976 and mature on June 15, 1976 Chairman Bailey declared the hearing open on the application for a Liquor transfer of the Innholders All Alcoholic Beverages license from the License- Dunfey Family Corporation d/b/as Sheraton-Lexington Motor Inn to Hotel Sheraton Tara Limited d/b/as Sheraton-Lexington Motor Inn Lexington Notice of the hearing was advertised in the February 26, 1976 issue Motor Inn of the Lexington Minute-man Attorney Stuart Liss, 19 Muzzey Street, Lexington, and Mr Paul J Sacco, Manager of the Sheraton-Lexington Motor Inn, were present Chairman Bailey This application is for a change of corporate entity and Attorney Liss has submitted all necessary documents Mr Sacco is to continue as the Manager No one having questions or being present in favor or in opposition, Chairman Bailey declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the trans- fer of the Sheraton-Lexington Motor Inn All Alcoholic Beverages liquor license to Hotel Tara Limited, a wholly owned subsidiary of Aer Lingus Teoranta (Irish International Airlines) , Dublin, Ireland This license is for the premises located at 727 Marrett Road, Lexington, with Mr Paul J Sacco designated as Manager Hours of operation are 11 00 a.m. to 12 00 Midnight, seven days a week; dining room service to 12 00 Midnight Upon motion duly made and seconded, it was voted to request approval of the Alcoholic Beverages Control Commission for transfer of the Sheraton- Lexington Motor Inn All Alcoholic Beverages to Hotel Tara Limited. Upon motion duly made and seconded, it was voted to transfer the Common Common Victualler license from the Dunfey Family Corporation to Hotel Victualler Tara Limited d/b/as Sheraton-Lexington Motor Inn, 727 Marrett Road Hours License of operation are 11 00 a m. to 12 00 Midnight, seven days a week This license is subject to periodic inspections by the Board of Health Upon motion duly made and seconded, it was voted to transfer the Entertain- Entertainment license from the Dunfey Family Corporation to Hotel Tara ment License Ei Selectmen's Meeting March 8, 1976 Limited d/b/as Sheraton-Lexington Motor Inn Entertainment is to range from single performers to full orchestra playing music in both tradi- tional and contemporary styles; six days a week, Sundays excluded Public Mr O'Connell requested approval of transfers for public officials' Official liability insurance, police and fire medical account, and the group Insurance insurance account Mr O'Connell The public officials' insurance policy was cancelled. on February 9, 1976 due to business problems in the insurance company, not because of unfavorable experience with municipal officials; we had no claims The Boardof Selectmen exercised the extension provision in the contract which provides for 12 month's coverage for all liabilities for acts prior to cancellation Bids were invited for new coverage and re- ceived from Alexander and Alexander, written on Midland Insurance, and Brewer & Lord written on International Surplus Lines Insurance Co The Midland policy has been judged superior because of broader claim coverage and lower deductible at the same price A major improvement in the policy is that coverage will include all legally elected or appointed officials or full time employees of General Government Limits are $1 million single occurrence and maximum annual aggregate The premium is $5,858 per year or $15,975 for 3 years prepaid Alexander and Alexander has agreed to write the new policy for the period to June 30, 1976 and then renew on an annual basis The 12-month extension to cover acts up to cancellation date costs $1,500, less a credit of $580, which is $920; funds needed for Transfer - balance of FY 76 are $1,750; therefore, it is recommended that a request Acct 1750 be approved for transfer of $2,670 Upon motion duly made and seconded, it was voted to request the Appro- priation Committee for approval of a transfer from the Reserve Fund to Account #1750-Municipal Property and Workmen's Compensation, in the amount of $2,670 Transfer - Mr O'Connell The recommendation is for a request for a transfer of Acct. 1125 $2,250 to cover hospital bills of Firefighter Paul Huoppi, who suffered a heart attack on April 18, 1975 while on active duty fighting a fire on Whipple Hill We had attempted to recover medical expenses under the ac- cident policy but the insurance company's legal department has ruled that a heart attack is interpreted to be an illness, not an accident, but has offered a voluntary, no prejudice settlement of $1,250 The total Huoppi bills are $3,250; $1,000 available from the Account, and the balance heeded is $2,250 We will be reimbursed $1,250 by the insurance company, CNA. Upon motion duly made and seconded, it was voted to request the Appro- priation Committee for approval of a transfer from the Reserve Fund to Account #1125-Police and Fire Medical in the amount of $2,250 Transfer - Mr O'Connell The recommendation is to request a transfer of $44,500 Acct. 1700 for 1 $36,000 for Town's share of increased Blue Cross/Blue Shield rates, effective April 1, 1976, for the remaining three months of FY 76 1 Selectmen's Meeting March 8, 1976 2 The effect of a modest change in number and mix of memberships for which no allowance was made in FY 76 It approximates $5,900 This funding need would have existed even if no change in premium rates had occurred 3 Transfer, as of April 1, 1976, of 58 retired Lexington teachers from the State administered plan back to the Lexington Town plan The approximate added cost for FY 76 is $2,600 Upon motion duly made and seconded, it was voted to request the Appro- priation Committee for approval of a transfer from the Reserve Fund to Account #1700-Group Insurance Mr O'Connell informed the Board that Lexington is one of three com- EMS - Mobile munities selected for a State grant of $1,000, matching funds basis, for Radio mobile radio ambulance equipment This will provide direct communication with the hospital emergency room for information to be transmitted while the patient is en route to the hospital This is part of an upgrading program for Emergency Medical Service Mr O'Connell discussed the policy on issuing vending permits for April 19th April 19th. Vending It was agreed to proceed with the standard policy, with the exception Permits of locations covered under the Zoning By-Laws, i e , gas stations where the proprietor must comply with the requirements if he grants permission for the use of his premises Mr O'Connell submitted a report on the number of towing calls made Towing by the Police Department in the last three months There were a total of Policy 172 calls, which, he said, would probably represent one-half of the normal year's towing business Tow Company 12/75 1/76 2/76 Bob Graves Texaco 50 32 23 (105) Mal's 24 16 11 ( 51) Arthur Fields AAA 1 0 0 ( 1) Tracy's (Rte 2 Lincoln) 0 1 0 ( 1) B & R Towing 0 2 1 ( 3) Natick Ford 0 0 1 ( 1) Pete' s Getty 2 0 1 ( 3) Battle Green Shell 1 0 1 ( 2) Rowe Chevrolet 1 0 0 ( 1) Owner's tow truck 1 1 2 ( 4) Total 80 52 50 172 Mrs. Battin The policy, as we adopted it on September 22, 1975, was that the work was to be divided fairly among companies on the list As I look at the list, I question it Dr. Kessler- Are all of these from the approved list? Mr O'Connell They used Selectmen's Meeting March 8, 1976 Mrs Battin Are they all part of the approved list? Mr O'Connell I think so Mr Bailey to Mr O'Connell Whoever heads up the desk, that is what their function is Mr O'Connell They are following the practice that the first two on the list are highly qualified, and their needs are met by going that far Mr Bailey That is the problem. This policy was adopted with the understanding that it be consistent with what they are doing With this system, without an explanation Mrs Battin I would like them to give justifications as to why they aren't following the policy Mr O'Connell Perhaps there is a different interpretation of what the policy is Mr Bailey Then, if there is a misunderstanding, we should have it cleared up Mrs Battin I had suggested that the work be "equitably" divided hut Dr Kassler said, "fairly " Mr Bailey We aren't trying to quarrel on the basis of this evidence but we are trying to have more information Mr Battin By next week, hopefully Mr O'Connell With TMMA meetings, I am tied up but will get it as soon as I can The Board agreed that Mr O'Connell is to come back with additional information on the Police towing practice Concerned Mr O'Connell discussed a letter from the Concerned Black Citizens of Black Lexington asking for a review of affirmative action practices in the Lexing- Citizens ton Public Schools, Police and Fire Departments, and all other offices of Town Government "We seek a more diverse and democratic representation among Lexington's public employees We resolve to offer such affirmative action assistance as may seem appropriate in pursuit of the ideals of citizenship and society that commemorate the foundling of the nation." Mr O'Connell I have written to them, inviting them to send repre- sentatives to a department heads meeting where we would be, happy to pursue the matter Perhaps other committees, such as L C S R. , would like to come and join in the discussion Mrs Battin The Suburban Responsibilities Commission has been waiting until we had a personnel administrator to discuss affirmative action They meet tomorrow night with him and will discuss who to send to the meeting Possibly, members of the Personnel Advisory Board should also be involved Mr O'Connell agreed to inform the Board of the next scheduled meeting of department heads Liquor - Chairman Bailey read a request from the Sons of Italy for a One-Day One-Day liquor license for a benefit dance at the Knights of Columbus Hall Permit Upon motion duly made and seconded, it was voted to grant the request of the Lexington Lodge #1779 Order of the Sons of Italy for a One-Day liquor license on Friday, March 26, 1976, for a supper dance at the K of C to benefit Lexington Little League Baseball ($25 00 license fee ) 9 Selectmen's Meeting March 8, 1976 Chairman Bailey read a report from the Traffic Safety Committee in Traffic - response to a request from the Chamber of Commerce that the entrance and Muzzey exit of the municipal parking lot on Muzzey Street be made an exit only Parking Lot The committee recommends that no action be taken on the request as it had been previously designated as Exit Only and it caused an inefficient operation at the parking lot and also added a significant number of turn- ing movements to the entrance on Waltham Street In addition, since traffic is usually stacked up on Waltham Street from Mass Avenue to Vinebrook Road, and beyond when the light is red, the committee feels it would be a mistake to add turning movements at the Waltham Street entrance Any addition would not only create problems at the entrance but could ultimately nega- tively affect operation of the Mass Avenue and Waltham Street intersection Upon motion duly made and seconded, it was voted to accept the recom- mendation of the Traffic Safety Committee that no action be taken on the request of the Chamber of Commerce for Exit Only from the parking lot on Muzzey Street The Board approved a request from the Lexington Bicentennial Band Cary Hall for the use of Cary Memorial Hall on Sunday, April 4, 1976, from 3 00 p m. to 5 00 p.m. The Bicentennial Committee is to be requested to pay the fees for custodian, policeman and fireman Chairman Bailey read the annual request from the Greek Orthodox Permit Church of Cambridge for a 10-mile race Upon motion duly made and seconded, it was voted to grant permission to the Greek Orthodox Church of Cambridge to conduct the 10-mile race starting at the Minuteman Monument to the Arlington Town line, with cruiser excort Upon motion duly made and seconded, it was voted to approve the recom- Abatements- mendation of the Director of Public Works/Engineering to abate the follow- Water Bills ing water bills Donald Bailey 84 Reed Street $10 00 Nissenbaum 20 Dane Road 22 50 J Sinek 11-13 Fletcher Ave 50 40 Upon motion duly made and seconded, it was voted to approve the min- Minutes utes of the Selectmen's meeting of February 9, 1976 Upon motion duly made and seconded, it was voted to sign the Auc- Auctioneer tioneer license for John B Lisle, 60 Tarbell Avenue, expiring March 31, 1977 Chairman Bailey informed the Board that an emergency meeting was Jurors called on March 4, 1976 at 10 00 a m. in the Selectmen's Meeting Room for the purpose of selecting three jurors, as ordered by the Middlesex Superior Court Present were Mrs Mary W Miley, Mill Mary R. McDonough, Town Clerk, and Mrs Eleanor M. McCurdy, Executive Clerk 1.0 Selectmen's Meeting March 8, 1976 Upon motion duly made and seconded, it was voted to approve the fol- lowing jurors drawn by Mrs Mary W Miley on March 4, 1976 Harry G MacDonald 25 Blossom Street Frank P Scolaro, Jr 5 Bruce Road Sabra W Morton 3 Rolfe Road Bicycle A letter from Miss Rosamond Hayes regarding a proposed bicycle route Route was referred to the Town Manager Mass Ave In response to a letter from Mr Roland B Greeley, President of the Sidewalk Historical Society, it was agreed to request Mr McSweeney to meet with Article representatives of the Historical Society and the Lexington Minute Men, Inc to discuss the Article on the proposed sidewalk on Massachusetts Avenue Classifica- Chairman Bailey recommended that Mr Allan F Kenney be appointed a tion Review member of the Classification Review Board Mr Kenney had previously Bd. Appt served as the representative of the Board of Selectmen Upon motion duly made and seconded, it Was voted to appoint Mr Allan F Kenney a member of the Classification Review Board MBTA Chairman Bailey informed the Board of a meeting to be conducted by Meeting the MBTA in Estabrook Hall on Thursday, March 18, at 7 30 p m as a briefing session on Red Line public hearings, Lexington Area Transit Improvement Study, and the Lexington Area Transit Study Advisory Com- mittee, which is being organized under the auspices of the Joint Regional Transportation Committee to provide local community and private citizen input into the Lexington Area study A copy of the MBTA notice is to be sent to the Lexington Transporta- tion Advisory Committee Battle Chairman Bailey discussed replacement of the Battle Green Revolu- Green tionary Monument Estimates have been received of $1,350 for granite; Memorial $5-6,000 for slate with hand cut lettering Mr McSweeney In talking with Mr Jaquith, that slate estimate was from a company in Maine and Historic Districts is interested in talking with people in Vermont It is up to the Board and Historic Districts whether it is granite or slate Chairman Bailey We are interested in getting further information on slate, and, after Town Meeting, we will have to petition Historic Dis- tricts for an official opinion The Board Agreed Centre Upon motion duly made and seconded, it was voted to table a letter, Village dated February 27, 1976, from Mark Moore, Jr until additional informa- Street tion is received concerning areas in surrounding towns using Town and Lights Country street lights 11 Aelectmen's Meeting March 8, 1976 Upon Motion dulymade and seconded, it was voted to grant permis- Battle sion to the Lexington Minute Men, Inc for the use of the Battle Green Green on April 11, 1976, rain date of April 17, for rehearsal of the battle; Permit muskets not to be fired. The Board agreed to refer to Mr McSweeney a letter received from Moon Hill Mr and Mrs Dempster, 39 Moon Hill Road, concerning the construction Sewer of the Moon Hill sewer The Board agreed to recommend to Town Meeting that sessions be Town held on Mondays and Wednesdays from March 22 through Monday, April 12 Meeting Mr. O'Connell agreed to give Mrs Battin a list of surrounding towns that now ban public drinking Upon motion duly made and seconded, it was voted, 4-0, by roll Executive call vote to go into Executive Session for the purpose of discussing Session the reputation and character of an individual, and for discussing strategy with respect to collective bargaining Upon motion duly made and seconded, it was voted to adjourn at 10 00 p m. A true record, Attest Executive Clerk, Selectmen c' 3 12 SELECTMEN'S MEETING March 15, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, March 15, 1976, at 7 30 p m. Chairman Kassler, Mr Bailey, Mr Busa, Mrs Battin and Mrs Miley; Mr O'Connell, Town Manager; Mr McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present Organization The meeting was called to order by the Executive Clerk, who declared of the that nominations were in order for the election of the Chairman of the Board Board Dr Howard M. Kassler 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, Dr Howard M Kassler was unani- mously elected Chairman of the Board of Selectmen for the ensuing year Dr Kassler I address myself to the Selectmen and the people of Lexington I am somewhat reluctantly accepting the chairmanship of this Board with strongly conflicting emotions I am, naturally, deeply honored. I am also acutely aware of my own limitations and the enormous responsi- bilities of the position I now hold I recognize the significance of my assuming the chairmanship and trust that I will be a fair and responsive representative for all of the citizens of Lexington I ask for your patience, your understanding and your help, and I prom- ise to do the very best I can to serve you well NET&T Co Chairman Kassler opened the hearing on the petition of the New Eng- Conduit land Telephone Company for the installation of conduit to service #421 421 Lowell Lowell Street St. Notices were sent to abutters listed on the petitioner's plan, and also filed with the Public Works Department Dr Kassler read a report from the Director of Public Works stating that the petition had been reviewed and approval is recommended subject to the condition that work does not commence until weather permits Mr Yauckoes, representing the Telephone Company This conduit will feed the new bank that is being constructed there and it is most desir- able to feed underground into a bank rather than overhead It increases security and is easier to maintain No one else being present in favor or in opposition, Chairman Kassler declared the hearing closed Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone Company for the following location of conduit Lowell Street On the westerly side, approximately 150+ feet north of Woburn Street, from existing Telephone conduit, north- erly approximately 30+ feet, thence easterly approximately 50+ feet to private property #421 Lowell Street, approximately 80+ feet of conduit 13 Selectmen's Meeting March 15, 1976 Chairman Kassler opened pe ed the hearing on the petition of the New Eng- NET&T Co land Telephone Company for the installation of conduit to service East Conduit - Village. Mass Ave / Notices were sent to abutters listed on the petitioner's plan, and East Village also filed with the Public Works Department Dr Kassler read a report from the Director of Public Works stating that the location had been reviewed and approval is recommended subject to the conditions that (a) No work shall commence until weather permits; (b) No excavation will be permitted within the roadway Due to the fact that only a short length of conduit is required to reach from the exist- ing telephone manhole in Massachusetts Avenue to a point behind the curb- ing, we will require this to be tunnelled Mr Yauckoes, representing the Telephone Company This conduit will feed an 11-unit development and all utilities are underground. Noone being present in favor or in opposition, Chairman Kassler de- clared the hearing closed Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone Company for the following location of conduit, subject to the conditions of the Director of Public Works Massachusetts Avenue On the northerly side opposite Locust Avenue, from manhole 54/23 to private property known as East Villege, approxi- mately 12+ feet of conduit Chairman Kassler read a petition of the New England Telephone Co and J/O Pole - the Boston Edison Company to transfer Boston Edison Pole 58/10 on Lowell Lowell St Street to joint ownership A report from the Director of Public Works stated that the location had been reviewed and approval recommended Upon motion duly made and seconded, it was voted to approve the peti- tion for joint ownership of the New England Telephone Company and the Boston Edison Company of Pole 58/10 on Lowell Street Chairman Kassler read a petition to transfer eleven existing jointly Bos Edison owned poles to Boston Edison Company, only Poles - A report from the Director of Public Works stated that the location Access Road had been reviewed and approval recommended. Marrett St Upon motion duly made and seconded, it was voted to approve the peti- tion to transfer eleven J/O poles to Boston Edison Company, only Access Road On the northeasterly side, approximately 115+ feet northwest of Marrett Street, two poles #242/1 and #242/2 Marrett Street On the northerly side, at the intersection of Access Road (formerly Nelson Road) nine poles #174/8 through #174/16 Chairman Kassler read a petition from the New England Telephone Co Pole - III and the Boston Edison Company for the relocation of one pole and anchor North Street guy due to the relocation of a driveway at 113 North Street 14 Selectmen's Meeting March 15, 1976 A report from the Director of Public Works stated that the location had been reviewed and approval recommended Mr Yauckoes, representing the Telephone Company Mr Alden Webster has made renovations on his home and the existing pole is in the driveway The Telephone Company and Boston Edison Company propose to move it Mr Alden Webster was present and in favor of the pole relocation 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 North Street On the southerly side, approximately 274+ feet east of Adams Street, one pole One pole to be removed Guides Reverend Handley, Director of Guides, presented the Lexington Guides for reappointment Chairman Kessler welcomed each Guide and, on behalf of the Board, ex- pressed appreciation for outstanding performance, which has been an inspira- tion to citizens and visitors throughout the years Upon motion duly made and seconded, it was voted to reappoint the follow- ing Guides for terms expiring June 1, 1977 Guides - 1976 Renewals Barringer, Joan 22 Deering Avenue Campbell, David 100 Bertwell Road Carroll, Ann 28 Young Street Eleutherios, Evanthia Farmer, Thomas 9 Chandler Street Gabriel, Jay 10 Winchester Drive Gerrig, Richard 44 Eldred Street Helgeland, Ellen 52 Liberty Avenue Hill, Jennifer 159 Burlington Street John, Richard 19 Saddle Club Road Kahne, Daniel 15 Dewey Road Kocher, Tom 4 Nickerson Road Lucas, Jeff 11 Summit Road McKenna, Stephen W 47 Bridge Street McKibben, Bill 32 Middle Street Michelson, Eric 54 Asbury Street Phillips, David 12 Trotting Horse Drive Ryan, Carolyn 44 Eastern Avenue Ryan, Kathleen 44 Eastern Avenue Sauermann, Claudia 14 Russell Road Soparkar, Charles 12 Saddle Club Road Spencer, Jeffrey 32 Hancock Street Sutton, Richard 37 Winthrop Road Takacs, Jim 7 Elena Road Wachman, Alan 10 Diamond Road Buchinskas, Karen 8 Saddle Club Road 5 Selectmen's Meeting March 15, 1976 Chairmans Ka sler read a recommendation from Chief Corr for the ap- Special pointment of Special Police Officers for terms expiring March 31, 1978 Police Mrs Battin I have heard no convincing argument to appoint for Officers two years, and move to appoint for one year Mrs Miley seconded the motion Mr Bailey I don't think there was any problem in the past, but it would cut down on the paper work Is there any specific concern, Mrs Battin? Mrs Battin None in particular; one year would give an opportunity to regularly review the names Mr. Busa I concur with Mr Bailey regarding the paper work I am sure if there is an undesirable on that list, at some future date the Board of Selectmen can recall him. Chairman Kassler Can this be recalled? Mr Bailey We have always operated on the premise that the Select- men give and can take away Mrs Battin The Board of Selectmen does not customarily recall appointments Mr Busa Everyone on the list has to be sworn in, and the Clerk's office is already overloaded Mrs Battin Why hasn't the workload been an issue previously? Mr. Bailey- I don't think it is worth holding over for another week unless the maker of the motion and the seconder wish to talk with the Chief Mr Apollo Bougas, Precinct 4 Town Meeting Member These are honorary positions only? Mr Busa Yes Mr Bougas Is it inappropriate at this time that I would like to be considered as a Special Policeman? Chairman Kassler A letter should be written and people should go first to the Police Department The Board customarily acts on the recom- mendations of the Chief Motion has been made and seconded to vote for a term of one year Upon motion duly made and seconded, it was voted to appoint individ- uals on the list of Special Police Officers, as submitted by Chief Corr, for a term of office expiring March 31, 1977 Mr Busa abstained Mr Bailey As I start to sign the commissions, I notice they are typed up for a two-year term to 1978 Mr. Busa moved for reconsideration of the vote for a one-year term. Mr. Bailey seconded the motion Upon motion duly made and seconded, it was voted to reconsider the vote for a one-year term Mrs. Battin and Mrs Miley abstained Mr Busa There are over 100 commissions that would have to be re-typed and I move that they be appointed for two years Mr Bailey seconded the motion Upon motion duly made and seconded, it was voted to appoint individuals on the list of Special Police Officers, as submitted by Chief Corr, for a term of office expiring March 31, 1978 Mrs Battin and Mrs Miley abstained lb Selectmen's Meeting March 15, 1976 III SPECIAL POLICE OFFICERS Acheson, Eugene A 2634 Massachusetts Ave Resident Barry, James E 10 Crescent Hill Ave Resident 1 Bailey, Fred C 48 Coolidge Avenue Selectmen Ballou, Sidney R. 38 Highland Avenue Resident Barnes, John E 15 Eagle Drive, Salem, N H M I T /Lincoln Lab Barnes, Raymond B 59 Gleason Road Resident Barrett, Elliott J 2 Bushnell Drive Resident Barrett, Paul F 175 Mystic St Ext , Medford M.I T /Lincoln Lab Barry, George 36 Forest Street Resident Barry, John M. 34 Forest Street Resident Battin, Margery M. 15 Paul Revere Road Selectwoman Belcastro, Francis 174 Wood Street Firefighter Briggs, Kenneth G 100 Blossomcrest Road Town Planner Brogna, Francis C 14 Hadley St , Malden M.I T /Lincoln Lab Brown, Otis S Jr 3 Bond Road Resident Brucchi, John W 31 Duren Avenue, Woburn Firefighter Busa, Alfred S 38 Circle Road Selectmen Busa, William A 38 Circle Road Resident Callender, Marcus W 158 Electric Ave , Lunenburg M.I T /Lincoln Lab Carlson, Norman C 12 Springdale Road Police C S 0 Casey, William P 1063 Massachusetts Avenue School Dept I Cataldo, James 43 Rindge Avenue Firefighter Cataldo, Robert 1970 Massachusetts Avenue Resident Chalpin, Peter M. 11 Freedom Road, Woburn Traffic Engineer Cole, Lincoln P 16 Hill Street State Representative Connolly, Charles E Jr 67 Cedar Street Resident Corazzini, Richard M. 40 Phillip Road Police Cadet Corr, James F III 8 Park St Resident Corr, Steven A 55 Vine Street Police C S O. Coscia, Emanuele, Jr 6 Millbrook Road Public Works Costello, Thomas F 36 Allen Street Resident DeFelice, Dominic J 17 Larchmont Lane Resident Dooley, Henry W 77 Baker Avenue Resident Doughty, George Jr 75 Paul Revere Road School Dept. Driscoll, Robert V 30 N Broadway, Haverhill M I T /Lincoln Lab Emery, Alan 441 Lowell Street Firefighter Empey, Warren A 3 Eldred Street Public Works Ernst, Karl 37 Eldred Street Resident Freeman, George 13 Grant Street, Concord Police employee Gilman, Edward M 56 Bloomfield Street Firefighter Gilman, Philip 129 Burlington Street Resident Goulart, Edward G 6 Rindge Terr , Cambridge M.I T /Lincoln Lab Grenier, Louis F 147 Maple Street Town Employee Hadley, Herbert R. 6 Fern Street, Chelmsford M.I T /Lincoln Lab Ham, Richard W Jr 7 Roosevelt Road Police Cadet Horsman, John T 22 Water Street, Ipswich M.I T /Lincoln Lab I Hruby, Albert W 36 Williams Road Resident ET Selectmen's Meeting March 15, 1976 SPECIAL POLICE OFFICERS - Continued Jackson, Lee B 62 Bow Street Resident Jefferson, Charles E 8 Alcott Road Civil Defense Jones, Leonard N 71 Lowell Street Town Employee Kessler, Howard M 11 Winchester Drive Selectmen Kelley, Kenneth P Jr 54 Ward Street Firefighter Kenney, Allan F 10 Frost Road Selectmen Kenney, Walter T Jr 16 Dane Road Resident Lamb, Harry B 219 Littleton Rd , Westford M.I T /Lincoln Lab Littleton, Barry W 40 Cold Spring Rd , Westford Dog officer MacArthur, Lillian 33 Charles Street Citizen MacLean, Ralph D 9 Spring Street Resident Marshall, Joseph 110 Woburn Street Fire Chief Martin, William J 31 Babicz Road, Tewksbury Public Works Martinez, Daniel C 4 Macintosh Road, Bedford Citizen Mazerall, Paul 20 Wilson Road Park Superintendent McCarron, Francis 5 Hillside Terr Firefighter McSweeeney, John 99 Cedar Street, Braintree Dir , Public Works Meaney, John L 49 Ward Street Police Cadet Mercer, Charles R. 6 Park Street Resident Michelson, Richard 54 Asbury Street Resident III Muller, Eugene T 24 Ewell Avenue Firefighter Muller, Leonard E 19 Fairbanks Road Firefighter Maloney, John W 157 Emerson Road Citizen Maloney, William E Jr 59 Albermarle Avenue Citizen Manfredi, Vincent A. 28 Taft Avenue Resident Miley, Mary W 29 Robinson Road Selectmen O'Connell, Walter C 57 Emerson Gardens Town Manager O'Leary, Joseph R. 171 Lincoln Street Police C S 0 Ormiston, Wallace W. 38 Charles Street School Dept Ormiston, Steven 476 Bedford Street School Dept Pekins, George 28 Chase Avenue Firefighter Pezzulo, Michael 247 Marrett Road School Dept Prescott, Robert 2 Forest Street Resident Redmond, James F 9 Utica Street Firefighter Rooney, Joseph O. 222 Waltham Street Resident Rudd, John J 47 Bloomfield Street Police Cadet Ryder, Howard D 2 Wilson Road M I T /Lincoln Lab Samuel, Frank T 8 Burnham Road Resident Saunders, Robert W 295 Marrett Road Resident Scigliano, Anne R. 3 Augustus Road Resident Savage, David T 9 Manley Ct Firefighter Smith, Howard A. 16 Childs Road Resident Stevens, Edward P 4 Chandler St , Salem School Dept Stucke, Alden F 31 Hancock Street Resident Swan, Duncan F 24 Bedford Street School Dept III Swan, Robert J 18 Bedford Street Police Cadet Swanson, Patricia A. 36 Charles Street Resident is Selectmen's Meeting March 15, 1976 III SPECIAL POLICE OFFICERS Continued Sweet, Frederick B 133 Russell Street, Waltham Town Employee Thyng, Slade A 46 Munroe Road Police Cadet Trani, Joseph A 11 Slocum Road Resident Weisinger, Wallace 193 Bedford Street Resident Wenham, Thomas 1 Francis Road Town Employee Whiting, William 341 Lowell Street Firefighter Wright, Glenn 67 Simonds Road Resident Zuppe, Joseph 12 Albermarle Ave , Waltham Library custodian Permit Chairman Kessler read a request for a Bike-a-Thon on May 2, 1976 Upon motion duly made and seconded, it was unanimously voted to grant permission to the Arlington High School Student Council to conduct a Bike-a- Thon on Sunday, May 2, 1976, from th Arlington town line along Massachu- setts Avenue to Lexington Center to ute 2A to the Concord town line, commencing at 1 00 p m. , subject to he condition that bicyclists ride not more than two abreast and in gro ps of two or three sections Resignation- Chairman Kassler read a notification from the Town Clerk that the res- Hist Dists ignation of Mr Donald Shaw had been received Upon motion duly made and seconded, it was voted to accept, with regret, the resignation of Mr Donald J Shaw as a member of the Historic Districts Commission, representing the Historical Society, effective March 31, 1976 III Animal In response to a request from Mr George Smith, Director of Public Shelter Health, the Board accepted the recommendation of the Traffic Safety Com- Signs mittee for installation of signs at the new Animal Shelter Upon motion duly made and seconded, it was voted to approve the recom- mendation of the Traffic Safety Committee for the installation of three signs at the Animal Shelter on Westview Street "Vehicles Entering Right" and "Vehicles Entering Left"; "Animal Shelter" sign to be installed in front of the building Mr McSweeney was requested to make arrangements for the installation of these three signs Traffic Chairman Kassler read a report from the Traffic Safety Committee in Signs - response to a request from Mr Blouin, 30 Brandon Street, for traffic sig- nals at the intersection of Massachusetts Avenue and Pleasant Street The report states, "In the interim between now and the implementation of the recommendations of TAMS under TOPICS program, "Stop" signs should be in- Pleasant St stalled on Follen Road and Pleasant Street in order to eliminate some of Follen Rd the confusion, by formally assigning the right-of-way Relative to Mr Blouin' s request to improve pedestrian crossing capabilities at this in- tersection, the Committee feels that it would be inappropriate to install any pedestrian crossing aids at this time, as they are part of the proposed TOPICS improvements and our choice, now, could conceivably conflict with the final design " III 19 Selectmen's Meeting March 15, 1976 An additional recommendation from the Traffic Safety Committee recom- Winthrop Rd mends the installation of "Stop" signs at the intersections of Woburn St Mass Ave and Mass Avenue (east of the island) , Winthrop Road and Mass Avenue; Woburn St plus the installation of a "Yield" sign at Woburn Street and Mass Avenue (west of the island) Upon motion duly made and seconded, it was voted to approve amendments to the Traffic Rules and Orders of Lexington, adopted by the Board of Select- men on November 13, 1967, as follows By adding to Article 8, Section 22, Schedule 7 STREET LOCATION REGULATION Winthrop Road Northeastbound at Mass Ave Stop Mass Avenue Northeastbound at Woburn St Stop Woburn Street Southwestbound at Mass Avenue Stop Pollen Road Southeastbound at Pleasant St Stop Pleasant Street Northeastbound at Mass Avenue Stop By adding to Article 8, Section 23, Schedule 7 Woburn Street Westbound at Mass Avenue Yield A request for approval of above amendments is to be forwarded to the State Department of Public Works, District #4 Upon motion duly made and seconded, it was voted to approve the bond Bond for Miss Mary R. McDonough, Town Clerk, in the amount of $6,000, and to authorize the Chairman to sign the certification to the Department of Corporations and Taxations for this amount of the bond Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meeting held on March 1, 1976 Chairman Kassler read a request from Mr Peter Rommel, President of Liquor Lic the Lexington Little League, for a one-day liquor license One Day Upon motion duly made and seconded, it was voted to grant a one-day liquor license to the Lexington Little League for a dinner dance at the Lexington Armory on April 24, 1976 from 7 00 p m. to 12 00 Midnight, subject to a Police Officer on detail On behalf of Norman P Cohen, Town Counsel, Mr Bailey submitted an Napoli Land Order of Taking for conservation purposes a parcel of land owned by Off Lincoln Catherine A Napoli, with an award of damages in the amount of $200,000 and Middle The Board previously voted this taking on January 26, 1976 but, due to Streets difficulties in getting a description of the land, the recording date expired Mr Cohen requests that the new Order of Taking be signed Upon motion dulymade and seconded, it was voted to signthe Order Po of Taking, by eminent domain for conservation purposes, a parcel of land owned by Catherine A. Napoli, with an award of damages in the amount of 20 Selectmen's Meeting March 15, 1976 $200,000, as authorized under Article 44 of the 1975 Annual Town Meeting Certificate 63697, Book 425, Page 581 Bicycle Mr O'Connell discussed the letter from Miss Rosamond A Halley of Tour Guide Wellesley relative to a proposed bicycle touring business in the Town He Business informed the Board that Miss Haley plans on conducting a tour guide busi- Request ness for bicyclists between Lexington and Concord and hopes to acquire the use of parking space Later on, she might rent bicycles Miss Hayes was requested to get in touch with the State to inquire about a license and then come back to the Town to see if a local permit is required (It usually is, as part of an inter-town agreement ) She will also inquire about signs After this procedure, if Miss Haley is still interested, she may come back to the Town Visitors' Mr O'Connell submitted to the Board a proposal made by the Lexington Center - Historical Commission that the Visitors' Center by included in the National Nat'l Register of Historic Sites. The application requires approval of the owner Register The significance is placed not so much on the building but being a building within the Lexington Green Chairman Kessler I note there are no restrictions on the owner's action regarding the property unless federal funding is involved and, ob- viously, it isn't I assume that we would have no added liability Mr O'Connell Not now Mr Bailey. It is interesting that a 15-year old building qualifies as an historical place Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the application to the Massachusetts Historical Commis- sion for consideration of the Town Information Center, Lexington Green (as part of Lexington Green District) for the National Register of His- toric Places Patriots' Mr O'Connell asked for the opinion of the Board regarding retail Day - stores remaining closed on April 19th Stores Mr Bailey- The law is clear that they may remain open on that day? Closed Mr O'Connell Yes Chairman Kessler Shall the Board reaffirm its preference that we would like the owners of retail stores, including package goods stores, to keep them closed? Upon motion duly made and seconded, it was voted to reaffirm the posi- tion of the Board that retail stores, including package goods stores, re- main closed on Monday, April 19, 1976 A letter is to be written to the Chamber of Commerce and the five package goods stores according to the above vote Mr Busa abstained Towing Police Chief Corr met with the Board to discuss the Towing Policy Policy Mr O'Connell The Board has a question as to whether or not the list (towing operators) was a qualified list Chairman Kessler The question was whether this was in accordance i Selectmen's Meeting March 15, 1976 with the Board's suggestion and desire, and whether this was a fair use (of the list) Chief Corr You ask me whether these people qualify, and the answer to the question is, "What is the definition of qualifications?" The question then is whether or not they are qualified to tow all types of vehicles, such as large trucks I don't think there was ever a time that the Police Department tried to distribute towing equally I don't think that was ever our aim. We have tried to clean up the accident scene as quickly as possible Mr Bailey I want to make it clear to the Chief the context in which this came up First, somebody, either the Manager or you, address yourself to the policy - and that the work is divided fairly Chief Corr I doubt I would argue with that part as I don't believe it is distributed evenly Mr Bailey We said, "fairly " Chief Corr If you take the two companies on the top of the list, they have received more of the calls from the Police Department I take you back 10 or 15 years, maybe those companies were not on the list; maybe the Police Department has not distributed evenly Over the years, we have called these agencies which have made themselves available and have done a good job Two have equipment to do the job properly, and we find no fault with them. I don't look at it on the basis of making ' money but on the basis of clearing the accident scene I don't think all the people on the list can do it Mrs Battin We did adopt a policy and criteria, by which to judge if a company qualified to be used for "Police Ordered Towing " We are really asking why, since that time when it was adopted, hasn't it been fairly distributed I am asking if we were given a list of all the qualified companies? Chief Corr• The list you got on March 5, I was only advising you of the companies that towed in the last three months Many of those probably were used because it was probably communicated to the Police Department of the agency they wanted to tow You see that Rowe Chevrolet as towing a vehicle in December; I was unaware that he had a tow truck Someone on the street probably said that he wanted George Rowe The same for Shell or Pete' s Getty Dr Kassler Is it a fair statement to say that the Board is unani- mous that any Lexington firm that is willing, capable and able to handle towing, and not disqualified by any reasons the Chief would give, should be given a fair share? Is that the Board's feeling? Mr Busa Are we talking a rotation system? Dr Kassler We should get the concept first Do we want to get a Lexington firm that is willing and capable? Do we then want to say that this firm should have a fair share? Mrs Battin I would agree to the concept When we asked for the list, we were asking for a record of "Police Ordered Towing" over the last three months from the list of qualified companies Chairman Kassler Does anyone disagree? 2`! Selectmen's Meeting March 15, 1976 Mr Busa What is "fair share?" Mr Bailey I have no quarrel with the policy we adopted on Septem- ber 22, 1975 I don't think this Board should get into the business of a Monday or a Wednesday Chairman Kassler We agreed not to Mr Bailey Then, it is a question of defining "fairly " Mrs Battin That is what I want to find out Mrs Miley I have a question as to what is meant by a "Lexington- based" firm? Chairman Kassler I think it rather unlikely if a firm in Medford decided it wanted a share of Lexington business that it could respond fast enough On the other hand, if a firm in Lexington decides it is qualified and can meet all regulations as set forth by Chief Corr, it should be brought into the rotation Chief Corr Assume that six agencies can qualify, you are putting us in a position of towing agencies towing vehicles Chairman Kassler Are there six? Chief Corr I just wonder where you want to draw the line One of the problems being generated is to put five or six vehicles on the road - tow trucks on the road with radios - and that would require a considerable amount of money I wonder how many agencies we would give to before we have the capacity for towing agencies Chairman Kassler The answer is, the law of supply and demand. Chief Corr They would have to go 'round the clock Mr Bailey I don't think that anybody here has suggested outright to you that it has to be a 1 to 1 operation Chief Corr That would be a mistake Mr Bailey You can use it to supply what is fair distribution, and the Board is saying, "Could you pin these down for us?" Chief Corr It sounds as if someone on the Board has someone that might be complaining Mrs Battin I would consider "Lexington-based" as those who pay ex- cise taxes to and have storage facilities in Lexington Chairman Kassler Is there anyone in the room who wishes to speak or has information that should be made public? No one Mrs Battin Can we ask for a list of these that qualify? Mr Bailey• Are you asking for someone (employee) to go through the excise tax list to see those that qualify? Chairman Kassler People that feel they qualify and desire to get on the list and, out of fairness, if they do qualify, we would expect they get a fair share, based on your decision If they don't qualify, the Board would like to know why Chief Corr- I am unaware of anybody that wants to get on Mr Bailey When I was Chairman of the Board, I was approached by B & R Towing as not getting their fair share Chief Corr agreed to give a report on B & R Towing as soon as possible Chairman Kassler It would be specifically B & R Towing Any other firms who feel they have a similar problem are to let the Board know Selectmen's Meeting March 15, 1976 Chairman Kassler discussed the reappointment of the Town Manager Town Manager Chairman Kassler Mr O'Connell has informed me that he plans to Reappoint- leave Lexington in six months I would entertain a motion on the reap- ment pointment of Mr O'Connell for a term of six months Mrs Battin moved and Mrs Miley seconded the motion to reappoint Mr O'Connell as the Town Manager for a term of six months Mr Bailey I am sorry to hear that I was on the Board when Mr O'Connell was appointed six years ago He sort of created the role of Town Manager and he has been without parallel in managing and collective bargaining, and as part of the great team of appointed boards and depart- ment heads His record speaks for itself His accomplishments were made during the economic crunch, and Mr O'Connell will be sorely missed Mr Busa to Chairman Kassler You say that it is the desire of the Town Manager to leave the Town in six months? Chairman Kassler I thought I said that he informed me that he "plans" to leave Lexington in six months If that is not what I said, that is what I meant to say The motion is on the floor There was no other discussion Upon motion duly made and seconded, it was voted to reappoint Mr Walter C O'Connell as Town Manager for a term of office for six months (September 15, 1976) Mr Busa abstained ADDENDUM TO MINUTES OF MARCH 15, 1976 Upon motion duly made and seconded, it was voted at the meeting held Town on March 29, 1976 to add the following to the open meeting minutes of Manager March 15, 1976 for the purpose of clarification Mr O'Connell Regarding the minutes of March 15, 1976, I would re- quest that the minutes be amended with the addition of certain information for clarification and completion Everything stated is accurate At the time of the Town Manager's reappointment, I didn't know whether I was al- lowed to speak at that time, but I did bring it up in Executive Session and did ask to have it put in the open minutes At this stage, the Execu- tive minutes are not yet open I would appreciate it if the Board would agree to adding to the open meeting minutes of March 15 - 1 A majority of the Board of Selectmen was unwilling to re- appoint for a normal term. My proposal for a one-year reappointment was also unacceptable 2 In view of the above, the Town Manager proposed a six-months reappointment The Board voted on March 15, 1976 to reappoint to September 15, 1976 Chairman Kassler As far as I am concerned, it is accurate 24 Selectmen's Meeting March 15, 1976 Mr O'Connell I understand and appreciate that the Chairman's moti- vation was to handle the matter delicately and to express the matter in the manner in which you did There has been some confusion and I would like to clear it up Chairman Kassler When the minutes are published, there was also some question of wording, which will be clarified Town Cele- Mr Raymond B Barnes, Chairman of the Town Celebrations Committee, brations met with the Board Comm.- Mr Barnes I am here tonight to ask for some more money and, in that Add' l respect, the general feeling of the Town, at least our interpretation was Funds - that last year would be the celebration of the Bicentennial, and this year April 19 would be a normal Patriots' Day There is no doubt but that we have money to provide a parade and it would be a rather small parade Indications from the Chamber of Commerce are that a number of people are interested in coming to Lexington and that number would perhaps be as large, if not larger, than last year Last year, we paid approximately $5,400 for marching units, and there was a military contingent from Hanscom Field This year, there has been no indication from them, and, this year, it will be quite small Ordinarily, $2,500 would go to pay for marching units but we would like to have 26 units, and the total would be $6,200 We were allocated $5,500 and the Committee would like to transfer $4,000 from Bicentennial funds Mr O'Connell I believe if the Board desires to provide additional funds, it would not involve a transfer, just approval of certain expendi- tures to be charged to the Bicentennial account Mr Bailey What problems do you expect next year? Mr Barnes We would go back to normal The $4,000 would be ex- clusively for marching units Mr Joseph Rooney We only got two free units this year Time is of the essence, and we have tried to work in the best interests of the Town by moving the route back to the old route Mr O'Connell There is between $40-45,000 unencumbered in the Bi- centennial account Upon motion duly made and seconded, it was voted to approve the re- quest of the Town Celebrations Committee for the sum of $4,000 for march- ing bands participating in the parade on April 19, 1976; such funds to be expended from the appropriation under Bicentennial Article 34 of the 1974 Annual Town Meeting Mr Barnes retired from the meeting App Comm. - The Appropriation Committee met with the Board to discuss Articles Articles Article 6 Mr Furash. We approved transfer requests for $44,500-Group Insurance, $2,670-Workmen's Compensation, and $2,250-Police & Fire Medical It was mutually agreed there would be no motion for funds under Article 6- Supplementary Appropriations transferred from E & D Selectmen's Meeting March 15, 1976 Article 5 Mr Furash If 75/25 passes (group insurance) , Article 5 shouldn't be $308,000 but $277,000 Mr Bailey The gross cost of Article 5 is $308,000 and if 75/25 is voted, the cost is $31,000 Mr Furash Are there any operating expenses coming up in Article 5? Mr O'Connell There are pension accounts and those subject to the outcome of collecting bargaining Mr Furash. In reading Article 5, there should be two separate items - the personal services number and the pensions Mr Perry Article 4 has the 5% cost of living increase Mr Furash Then there is nothing in Article 5? Mr O'Connell Not unless 5% is changed Mr Furash In Article 4, you have a 5% increase for pensioners Mr O'Connell I would have no objection to adjusting those in Article 4 to be the mandated amount Mr Furash Is the pensioners' increase mandated by the State? Mr O'Connell We interpret the State as saying there shall be some action taken Mrs Hagedorn, App Com. I thought Article 4 was to contain what we had before, and Article 5 to show an increase in salary Why not show the pensioners, also? Mr Bailey Pensions are not personal services Mr Furash In Article 4, we will reduce the 7800 account from $492,692 to $472,192, and introduce in Article 5 - Account 7800 @ 5%, $20,500; Account 7825 @ 5%, $7,550 The Board agreed Article 8 Mr Furash We are proposing $150,000 in the Reserve Fund, to come out of overlay surplus We cut tight in snow and energy Article 12 Mr Bailey We signed $50,000 in notes for the No Lexington pumping station and we won't receive federal reimbusement for that amount until July 1 Mr Cohen advises that we appropriate the money and when the grant comes in it will go into E & D Article 14 No funds requested under appraisals and options Mr O'Connell We have $3,300 available, so we don't need them. Article 30 Mr Furash We have had further information on the flag pole on the Battle Green and have taken the matter under advisement Article 40 Bids will be opened on March 24 for the baseball lighting field We are still carrying $32,000 Mr Furash What are you recommending on Conservation Articles? Chairman Kessler The Board agreed to listen and caucus Mr Furash We want clarification as to whether or not certain parcels are to be taken for Town purposes The Board agreed Article 62 Mr Furash Our position on the Conservation Fund depends on how many Conservation Articles are approved Article 105 Transfer of Available Funds - It was agreed to carry $1,400,000 II/ The Appropriation Committee retired from the meeting 26 Selectmen's Meeting March 15, 1976 111 Mrs Battin asked the status of research on the public drinking ban in surrounding Towns, and Mr O'Connell agreed to submit the information to the Board as soon as possible Executive Upon motion duly made and seconded, it was voted, 5-0 by roll call Session vote, to go into Executive Session to discuss strategy with respect to litigation, the reputation of an individual, and the termination of a public officer After discussion, 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 Executive Clerk, Selectmen 1 1 27 SELECTMEN'S MEETING March 22, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, March 22, 1976, at 7 00 p.m. Chairman Kassler, Mr Bailey, Mr Busa, Mrs Battin, Mrs Miley; 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 Maurice M. Carey 5 Dewey Road Philip S Gilman 15 Captain Parker Arms Joyce R. Kamanipz 391 Lowell Street Susan Townsend 7 Nowers Road Elizabeth H Muench 24 Dewey Road Katherine L Grace 274 Marrett Road Chairman Kassler read a request from the Lexington Minute Men, Inc Permit - for the use of the Battle Green Battle Upon motion duly made and seconded, it was voted to grant permission Green to the Lexington Minute Men, Inc for the use of the Battle Green for Living History performances between 1 00 a m. and 4 00 p m. on the follow- ing dates July 3, 10, 18, 25; August 1, 8, 15, 22, 29; September 5, 1976 Chairman Kassler read a recommendation from Mr John J McSweeney, TOPICS Director of Public Works/Engineering, that the Town advise the State DPW Phase 1 of its interest in proceeding with projects under Phase 1 of the former Projects TOPICS program. There are certain conditions that if a town is willing to assume the final engineering responsibilities of projects proposed in the Phase 1 Functional Design Report, funds for actual construction may be available through the State Department of Public Works Upon motion duly made and seconded, it was voted to write to Com- missioner Carroll of the State Department of Public Works expressing the interest of the Town in proceeding with the following projects in Phase 1 TOPICS Program 1 Massachusetts Avenue and Pleasant Street 2 Marrett Road (Route 2A) and Waltham Street Upon motion duly made and seconded, it was voted to approve the bond Bonds of Mrs Doris E Barclay, Collector of Taxes, in the amount of $145,000, and to request approval of the Department of Corporations and Taxation Also, to approve bonds for the following Deputy Collectors at $5,000, each Paul E Kelley, Patrick J Moynihan, John M. Stygles, and Joseph P ' Crane Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meeting of March 8, 1976 Ii 8 Selectmen's Meeting March 22, 1976 Berman's - Chairman Kessler read a request from Mr Joel G Berman, president 111 New Mgr and former Manager of Berman's Market Incorporated, 55 Massachusetts Avenue, for approval of new Manager, Victor E Stokes Upon motion duly made and seconded, it was voted to approve Mr Victor E Stokes as the new Manager of the Package Goods Store, Berman's Market Incorporated, located at 55 Massachusetts Avenue, and to request approval of the Alcoholic Beverages Control Commission for the new Manager Midlsx The Board discussed the appointment of a member of the Board to re- County place Mr Allan F Kenney as the representative of Lexington on MCAB Adv Bd. Upon motion duly made and seconded, it was voted to appoint Mrs Mary W Miley as the representative of the Board of Selectmen on the Middlesex County Advisory Board Public Mr O'Connell recommended that the Board award the contract for the Officials' public officials' insurance policy to Alexander & Alexander, written on Insurance the Midland Insurance Company Upon motion duly made and seconded, it was voted to award the con- tract for the public officials' insurance policy to Alexander & Alexander, written on the Midland Insurance Company, for the period of March 22 to June 30, 1976, in the amount of $1,540 Meeting The Board agreed to meet at 7 00 p m. on Wednesday, March 24, 1976 Executive Upon motion duly made and seconded, it was voted, 5-0 by roll call Session vote, to go into Executive Session to discuss strategy with respect to negotiations on real property After discussion, it was voted to go out of Executive Session and resume the open meeting Minute-Man Mr. Busa informed the Board that, as a result of a meeting on the Sidewalk- proposed sidewalk on Massachusetts Avenue at the Minute Men Museum and Mass Ave the Munroe Tavern, this sidewalk will be deleted and, therefore, Article 19 will be reduced from $33,000 to $27,000 Mr Busa recommended consideration of the Board on the appointment to fill the vacancy on the Town Celebrations Committee The Board agreed to make the appointment on March 29 Upon motion duly made and seconded, it was voted to adjourn at 7 47 p m A true record, Attest Executive Clerk, Selectmen 2 g SELECTMEN'S MEETING March 24, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Wednesday, March 24, 1976, at 7 00 p m Chairman Kassler, Mr Bailey, Mr Buse, Mrs Battin, Mrs Miley; 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 that the Board grant permission to Mass- Permit - casting Production Studio of Boston to film a television commercial for Battle a national automobile manufacturer at the Lexington Green and the walking Green Area path at the Buckman Tavern A car would be parked either in the street or on the gravel path. Upon motion duly made and seconded, it was voted to grant permission to Masscasting Production Studio to film a television commercial at the Battle Green and Buckman Tavern area on March 30, 1976, with the under- standing that the regulations set forth by Mr O'Connell are to be com- plied with. Mr O'Connell informed the Board that a proposal has been received Council from the Council on Aging to increase the membership from 7 to 9 members on Aging The Council is working on the development of a volunteer corps, which will be of great assistance to them, and the person to lead the volunteer corps could become a member Also, the Council hopes to have some direct representation from the Senior Citizens Club in order to improve communi- cations Upon motion duly made and seconded, it was voted to approve the recom- mendation of the Town Manager to increase the membership of the Council on Aging from 7 to 9 members. Mr O'Connell With the resignation of Mrs Helen Sullivan, we will have three vacancies and three people will be proposed to fill these posi- tions Mr O'Connell informed the Board of an invitation from the Department Energy of Community Affairs for application for grants for technical assistance Conserve - on energy conservation Grants would be approximately $4,000 each, and D C A could be up to $9,000, for the purpose of funding a local energy project Grants If the Board agrees, application could be made and Mr Herbert Grossimon would be asked to assist in building up a task force The Board agreed Mr O'Connell recommended approval of a transfer request of $660 00 Transfer - to Account #3500-Animal Control Personnel Services, to pay the Assistant Account Dog Officer for the remainder of FY 76 for 33 days, 5 vacation days and #3500 1 day, in case of emergency at $20 00 per day Upon motion duly made and seconded, it was voted to request the Appro- priation Committee for approval of a transfer from the Reserve Fund to Account #3500 30 Selectmen's Meeting March 24, 1976 O'Connell Hydrant- Mr O' Y 1 i nformed the Board that the Historic Districts Com- Trash Can mission was unwilling to approve two Bicentennial projects in the Battle Painting Green/Center area on painting hydrants and trash cans Mr McSweeney Projects feels that he can turn the trash can project over to school students, who had requested it, and he will make arrangements to locate them elsewhere Mr Bailey On the hydrants, I would encourage them to look outside the Historic Districts' area The Board agreed. Bejian Mr Cohen discussed the decision of the Board on October 29, 1974 to Sewer deny the request of Mr Roger Bejian for an abatement of the sewer better- Betterment ment assessment on his property at 17 Kimball Road Mr Cohen Rep Carol Amick called me as she had been contacted by Mr Bejian for her assistance in approaching the Board for reconsideration as it is great hardship for him. This lot has been been bettered and paid for I talked with Mr McSweeney and he said that, consistently, we have not abated this type of thing The Board might want to abate part of it but, legally, we don't have to Mr Busa We discussed this twice and if we take a stance other than this, there are many people in Town who will come to us on a hardship basis Mr Bailey I agree We have taken a consistent stand and I feel there would be great difficulty Mr Cohen It can be paid over a 20-year period It was agreed that no further action is to be taken on the previous vote to deny Mr Bejian's request Landfill Chairman Kassler read a recommendation from Mr McSweeney to continue Holiday the previous practice of closing the landfill on holidays, which will Closing apply to Easter Sunday and Patriots' Day Upon motion duly made and seconded, it was voted to close the Hartwell Avenue Sanitary Landfill on Easter Sunday, April 18, and Patriots' Day, April 19, 1976 Mr McSweeney agreed to publish a notice in the Lexington Minute- man for the information of citizens Position on The following Articles for Town Meeting were discussed for a position 1976 of the Board Articles Article 30-Planning Bd -Community Development Needs-Open Space Agreed to table decision 31-Bd of Sel -Estabrook School Parking Drains Mrs Miley An amendment will be presented tonight for $10,000, with the recommendation of the possibility of it being used for some sort of reconstruction, and it would be dealt with under the Conservation Com- mission Mr Bailey Make it clear to Town Meeting that this Board acted in re- sponse to a formal request from the School Committee, who were pressured by citizens Now, the citizens are coming back and saying no 3 ' Selectmen's Meeting March 24, 1976 Article Mrs Miley They are probably different citizens Mr McSweeneyI believe, regardless of what theprice is, I'll end up with the work Mrs Miley. Mr Whitman will present it and I don't think he has that in mind. 38-Rec Com.-Harrington School Ballfield-Unan Support 39-Rec Com.-Center Pool Renovations-Unan Support 40-Rec Com.-Center Playground Baseball Field Lighting-Upon motion duly made and seconded, it was voted to support Article 40 for $32,000 Mrs Battin and Mrs Miley voted in the negative -3---2 41-Rec Com.-Diamond Junior High Tennis Courts-Unan Opposed 42-Citizens-Turning Mill Rd Area Private Tennis Courts Mr Cohen Previous cases indicate you can't use Conservation land Mrs Miley It is a precedent I don't want started -Unan. Opposed 43-Rec Com.-Charles F Gallagher, Jr Tennis Courts -Unan Support 55-Cons Com.-Tophet Swamp Land.-Town Purposes -Support 61-Cons Com.-Grassland Paper Street Dr Kassler Conservation wants to present it for Conservation purposes Dr Kassler, Mrs Battin, Mrs Miley support Conservation Mr Bailey and Mr Busa support General Town Purposes -3---2 63-Citizens-Noise Conditions Study-Unan Opposed 64-Cons Com.-Abandonment of Old Way at Whipple Hill -Support 71-Bd of Sel -Public Drinking By-Law Mrs Battin L W V is doing research and I have asked for the report - Decision Tabled 76-Citizens-Police Department Manual Committee Mrs Battin It is written as a By-Law Committee; as a Selectmen's Committee, it loses visibility With something as important as this, I would hope that we, as a board, would support its great strength as a By-Law Committee Mr Bailey Once a By-Law, you have it forever until you go back to Town Meeting If it is a Selectmen's Committee, you can give a charge to the committee, and get rid of it in a few years Dr Kassler As long as the Selectmen make the appointments, control of whether you have an active committee still lies with the Selectmen My feeling is now if we want a group to look over the manual, I would rather see a group with the sanction of the Board It is my feeling that it is important to get it through now, rather than worry about having it for 5 or 10 years Mrs Battin This is my article When the Youth Committee was being established, the Selectmen asked, "Why make it a By-Law Committee, make it an Advisory Committee" and we'll see how it works out It was made a Selectmen's Advisory Committee and the result has been that people have forgotten about it The Selectmen have not given it the assignments that fall within its mandate We have not held it accountable for carry- ing out functions originally assigned and no one has held us accountable for doing so I think the Police Manual Committee should be a By-Law I Committee or like the Youth Advisory Committee, it can become moribund if the Selectmen choose to ignore it 32 Selectmen's Meeting March 24, 1976 Article Mr Bailey- Just putting a tag on it doesn't keep the committee from being moribund Mr Busa My reason for opposing it is that I am very much against a citizen review board, which is what this committee will end up as I would hate to burden this town after we five are gone We are a policy- making body, and if we can't take this responsibility to look over the Police manual we shouldn't be here I believe this is a citizens' article and I can't see a member of this board saying that this is my article This is a citizens' article Mrs Battin It was on my list of assignments for Town Meeting (Mr Bailey claified the fact that it had been listed erroneously ) It is an issue we have to take a stand on because, in answer to Mr. Busa, we are policy making under G L Chapter 41, s 97 (Police Department to Certain Towns) The recommended committee would only require review and recommendations to the Board The power and responsibility for establishing policy still resides with the Board Mr Roger Trudeau I signed the Citizens' Article A By-Law Committee is required to report in the Town Report and it is an avenue of getting a message to the public In terms of Mr Busa's comment, I would have opposed a citizen review board We are asking the Selectmen to support this article, and there is a need for it. Dr Kassler Is it a fair statement that everybody favors the article, more or less? Mr Busa I don't support it entirely If a group of citizens wants us to look over the Police manual, I have no objection - but i object to it as part of the By-Law forever I would like to have a poll of the Board Chairman Kassler All those in agreement, at least more or less, that you would like to have the Article? Mr Busa Are you asking to support it "as is" or "amended?" Chairman Kassler I would support it both ways Upon motion duly made and seconded, it was voted to support Article 76, as written Mr Bailey and Mr Busa abstained Upon motion duly made and seconded, it was voted to support Article 76, in an amended form. Mrs Battin and Mrs Miley abstained Mr Busa If defeated on Town Meeting floor as a By-Law Committee, then you are proposing to have a citizens' committee looking into it? Chairman Kassler I assume somebody would amend it on the floor Mrs Battin Rather than lose it entirely, I would vote for it as amended, but I would rather have it as a Selectmen's By-Law Committee Executive Upon motion duly made and seconded, it was voted, 5-0 by roll call vote, Session to go into Executive Session to discuss strategy with respect to litigation, negotiations on real property, and the reputation of a person After discussion, it was voted to go out of Executive Session 33 Selectmen' s Meeting March 24, 1976 Upon motion duly Y made and seconded, it was voted to adjourn at 7 58 p m. A true record, Attest 54A) ��'l mac-„- )91 ) Executive Clerk, Selectmen 34 SELECTMEN'S MEETING MARCH 29, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, March 29, 1976, at 7 00 p m. Chairman Kassler, Mr Bailey, Mr Busa, Mrs Battin, Mrs Miley; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present. Rep.Amick Representative Carol Amick met with the Board to request a statement Tri-Town regarding the bill she had filed to establish a Tri-Town Regional Recrea- Bill tion Conservation District in the Towns of Burlington, Lexington and Bedford. The hearing is scheduled for April 6 and if members of the Board are unable to attend, Rep Amick said that she would read the statement Chairman Kassler This is the first time we have heard of the bill and, therefore, we will take the matter under advisement and get back to you. Representative Amick thanked the Board and retired from the meeting Bos Edison Chairman Kassler opened the hearing on the petition of the Boston Poles Edison Company for the installation of six poles, with guy wire and anchor Hartwell on the sixth pole, on Hartwell Avenue, southeasterly side, from a point Ave approximately 142 feet southwest of Bedford Street Notices were sent to abutters, as listed on the petitioner's plan and also filed with the Public Works Department A report from the Director of Public Works recommended that approval be granted. Mr Louis Jones, representing Boston Edison Company, informed the Board that facilities are not available at this end of Hartwell Avenue at this time This will service Mr Colangelo's building and, possibly, another building may come off this same service The target date that underground will come out of Hartwell Avenue is June, 1977 No one being present in favor or in opposition, Chairman Kassler de- clared the hearing closed Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison Company for the following location Hartwell Avenue, southeasterly side from a point approximately 142 feet southwest of Bedford Street, six poles, with guy wire and anchor on sixth pole Appointment- Chairman Kassler read a letter from the Town Celebrations Committee Town Celebr submitting nominees to fill a vacancy caused by the resignation of Mrs Hildagarde McGonagle Richard A. Michelson, Inez B Hazel, Joyce F Bieren, Jeanne Baltz and Jenny L Burrell The committee recommended that first consideration be given to Mr Michelson Mr Busa moved to nominate Jenny L Burrell Mr Bailey said that he would go along with the recommendation of the committee and, therefore, moved to nominate Richard A Michelson 35 Selectmen's Meeting March 29, 1976 Mr Busa seconded the motion to nominate Mr Michelson Chairman Kassler moved to nominate Inez B Hazel Mr Busa questioned the right of the Chairman to make nominations Mrs Battin moved and Mrs Miley seconded the motion to nominate Inez B Hazel Mr Busawithdrew the motion to nominate Jenny L Burrell Upon motion duly made and seconded, it was voted to appoint Richard A. Michelson a member of the Town Celebrations Committee Chaix'manKassler, Mrs Battin and Mrs Miley abstained Upon motion duly made and seconded, it was voted to appoint Mrs Inez B Hazel a member of the Town Celebrations Committee for a term expiring April 30, 1979 Mr Bailey and Mr Busa abstained A letter is to be written to Mrs Hazel informing her of her appoint- ment Chairman Kassler informed the Board that a vote is required to approve Bond - the bond of the Town Manager Town Mgr Upon motion duly made and seconded, it was voted to approve the bond in the amount of $50,000 for Mr Walter C O'Connell, Town Manager Chairman Kassler read the following report from Mr McSweeney, Direc- Bedford tor of Public Works/Engineering Mini-buses "Regarding the letter from Ms Joan Melville, Chairperson of the Town of Bedford Transportation Committee, requesting permission to run buses on various streets in Lexington, Peter Chalpin of this office contacted Mr Brown, Bedford Town Administrator, who stated that the Town of Bedford is undertaking an experimental mini-bus program in cooperation with the Mass Department of Public Works The program is designed to provide transpor- tation for Bedford residents who work in neighboring towns - Burlington and Billerica, as well as Lexington While we have no objection to the opera- tion of the buses as stated by Ms Melville, we feel that permission should be withheld until the following are assured 1 No stops to pick up or deliver passengers will be made on Town ways 2 The above requires that pickups and deliveries be made on private property We, therefore, recommend that the companies involved in- dicate their concurrence of this project by granting permission in writing to have the buses stop on their property 3 The Town of Bedford demonstrates that it has secured all the nec- essary permits for bus line operation " Dr Kassler- We have also received a letter from Itek authorizing the Bedford Local Transit bus to pick up and deliver Itek employees on Itek Corporation' s property, contingent upon receipt of proof of appropriate insurance coverage from the contractor, Metropolitan Coach Motion was made and seconded to approve Bedford' s request to run buses on Lexington streets Mr Bailey According to the report, Mr McSweeney recommended that I approval be withheld until all conditions are met 36 Selectmen's Meeting March 29, 1976 Mr McSweeney. The first letter was to operate within specific hours, and we wanted to have some idea as to what authority they operated under I understand it was the federal government If a private bus com- pany asks for permission for traveling on public ways, they have to list the stops and also get a state permit - and we felt that their letter in February didn't provide those The first letter we have received since then was from Itek, and we have yet to receive notice from the Commonwealth of Massachusetts The question is, "Is Itek the only stop?" Chairman Kessler- Does the Board agree that we withhold action until they tell us? Mr Bailey- Tell them that we aren't unfriendly, but let us know their plans The Board agreed that Mr McSweeney is to pursue the matter with Bedford. Town Mgr Mr O'Connell requested that the open meeting minutes of March 15, Reappoint- 1976 be amended ment Amend- Mr O'Connell Regarding the minutes of March 15, 1976, I would re- ment to quest that the minutes be amended with the addition of certain informa- March 15, tion for clarification and completion Everything stated is accurate ' 76 Min- At the time of the Town Manager's reappointment, I didn't know whether I utes was allowed to speak at that time, but I did bring it up in Executive Session and did ask to have it put in the open minutes At this stage, the Executive minutes are not yet open I would appreciate it if the Board would agree to adding to the open meeting minutes of March 15 - 1 A majority of the Board of Selectmen was unwilling to re- appoint for a normal term. My proposal for a one-year re- appointment was also unacceptable 2 In view of the above, the Town Manager proposed a six- months reappointment The Board voted on March 15, 1976 to reappoint to September 15, 1976 Chairman Kessler As far as I am concerned, it is accurate Mr O'Connell I understand and appreciate that the Chairman's moti- vation was to handle the matter delicately and to express the matter in the manner in which you did There has been some confusion and I would like to clear it up Chairman Kessler When the minutes are published, there was also some question of wording, which will be clarified Upon motion duly made and seconded, it was to approve Mr O'Connell's request to add the above to the open meeting minutes of March 15, 1976 for the purpose of clarification Towing Chief Corr met with the Board to discuss the Towing Policy Chairman Kessler- When we last talked about this, we were specifi- cally interested in B & R Towing Company Chief Corr After I left, I directed Captain Lima not only to check B & R Towing but also with agents from the Department of Public Utilities After investigation, we find that B & R has met specifications I would 3.7 Selectmen's Meeting March 29, 1976 ask the Board to read the memos from me It is interesting to note that in checking with the State Police, they (B & R) had ten times as many, 45, as Mal' s, and one-third more than Phillips 66, 29 Bob's Texaco Service Center and Mal's Towing Company have written to me on the reduction of tow calls and Bob Graves (Bob's Texaco) specifically asked me that if a change is made in towing procedures is made, that it be delayed for sixty days, to allow him to sell the tow trucks and to notify his men that they will no longer be needed Mal's owner, Mr Keljikian, indicated that while he. was not complaining, he has long felt that our towing policy provided him with a disproportionate number of police-authorized tow jobs, by virtue of the fact that he receives only daytime tow jobs If the Board still insists that this get distributed evenly, I don't know of any easy way to distribute towing in Lexington, in view of the fact that the State Police are also calling Unless I get information, I can' t do it without specific instruction. Mrs Battin You are saying that, during the period of December to March, B & R had more Lexington towing than Mal' s and Bob's? Chief Corr That was with the State Police Mrs Battin It had nothing to do with Lexington? Chief Corr Nothing Mrs Battin What was Lexington's police-ordered towing record? Chief Corr• I am not prepared to say Mrs Battin I was asking how the Lexington Police-implemented towing policy was during that period Also, we have just received a letter from G & R Towing Chairman Kessler- That would be examined by the Police Department Mr Busa. This has been coming up for two years and I would ask the member of the Board of her interest in B & R Towing? Because of the in- formation we have before us, I wonder what personal interest Mrs Battin has in B & R? Mrs Battin I have no personal interest I have felt it is impor- tant that the choice of the tow company not be left to the discretion of the police desk without a policy of at least fairness Otherwise, it is subject to either abuse or the appearance of abuse If it is the policy to distribute among Lexington towing companies, then, if they qualify, it should be done squarely - just as we go for bids As long as a company qualifies, it should be distributed fairly, as voted If they don't qual- ify, they should be dropped from the list Mr Busa. This isn't tending to be the practice in Massachusetts and at the State Police Barracks in Concord Who is to determine what is fairly, and what does "fairly" mean? Is 3 to 1 fair, or 4 to 1 fair? The Desk Officer is the person to determine Mrs Miley It is my understanding, from what I have read, that the State Police assign companies from Route 2 to Route 3 and 128, and they are different companies on the north and south If we look into the record, you will find that is the situation They each have their areas that the State Police have assigned to them. Mr O'Connell If the Board decides, and if it ends up with a third towing firm, I would suggest that Town policy include B & R Towing, as 38 Selectmen's Meeting March 29, 1976 theyare doingD P W exclusivelyI don't think we should adopt a policy for just one, the Police Mrs Battin I agree Mr Bailey I think we should go one step further and encourage the State Police to adopt the same policy, also They seem to exclude Lexing- ton Chairman Kessler Don't you think it presumptuous for us to set their standards? Mr Bailey. All we can do is ask, even if the State Police have jur a- diction for highways The point is germane Chief Corr It seems to me that maybe we could wait a little longer and look at the companies' books to see, actually, how many tows they get Mr Piantedosi, B & R Towing On State Police towing, you have to take it for a two-year period I had Route 128 North from a year ago last June and it was "disaster" as that is slow This year, I have South and Bob has North As far as Public Works' towing, they couldn't get the re- sponse time they wanted and they asked me and I said yes I could care less if they (DPW) rotate The same for the State - they asked me if I wanted to go into the rotation system and I said that I could care less Chairman Kessler. We have found that B & R has been acceptable by our standards and it was suggested that Chief Corr work B & R into rota- tion in what he feels is a fair and equitable manner Now that we have found a third company acceptable to the Police Department, see how it 111 works and see what is fair by all standards We are not trying to work a hardship on existing firms Mr Busa The only thing is, within a week or ten days, there will be more companies applying Chairman Kessler It is supply and demand and I don't see how we can turn them down I don't think supply and demand will allow them to come into Lexington Mr Bailey. This is borderline where you get into franchising You can't encourage competition where a lot are hanging on by their finger- nails I am suggesting that you are going to have to tread very carefully Chairman Kessler I agree Chief Corr retired from the meeting Walk-a- Mr O'Connell recommended that the Board approve a request for a Walk- Thon a-Thon on Saturday, April 3, 1976, under adult supervision Upon motion duly made and seconded, it was voted to grant permission to the Mistick Side Girl Scout Council of Winchester for a Walk-a-Thon on April 3, 1976, subject to the regulations of the Police Department D'Ambrosio Mr O'Connell recommended that the Board approve a further extension Sick Leave of 30 days sick leave to D.P W employee, Joseph D'Ambrosio, subject to Extension repayment This will make a total of 60 days as the Board previously voted to grant 30 days sick leave Upon motion duly made and seconded, it was voted to approve the recom- mendation of the Town Manager to grant a further extension of 30 days sick leave to DPW employee, Joseph D'Ambrosio, subject to repayment 49 Selectmen's Meeting March 29, 1976 The Board agreed to discuss a request for a transfer of 20 000 to Transfer g q a $ , Account 5450-Road Machinery at the next meeting on Wednesday, March 31 Acct 5450 Chairman Kessler read the following report from Mr McSweeney, Di- Federal-Aid rector of Public Works/Engineering Systems "This office has reviewed the Federal-Aid Systems 1975 Functional Classifica- Classification Map as it pertains to Lexington We are in agreement tion Map with all but two of the designations We feel that Mass Avenue from Bedford Street to Marrett Road, and Marrett Road from Mass Avenue in East Lexington to the Lincoln Town Line should be upgraded to the des- ignation of 'Other Principal Arterial' rather than the current 'Minor Extension ' As this map is preliminary, it is unclear at this time what benefits, if any, the Town will gain from the realignment of the Federal- Aid System. It seems that the State applies this realignment process every few years, and, as of this writing, we have seen no programs re- sulting from it Nevertheless, we recommend that the Board respond as affirmative action by local officials, in writing, is required." Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering regarding the Federal-Aid Systems 1975 Functional Classification Map as it pertains to Lexington A letter is to be written to Mr C F Mistretta, District Highway Engineer of the State Department of Public Works, outlining the Illrecommendations of the Director of Public Works/Engineering Mr Cohen requested the Board to sign the Orders of Taking of land Land Acquis owned by Lexington Associates, Inc located off Marrett Road Lex Assoc Upon motion duly made and seconded, it was voted to approve the Marrett Rd request of the Conservation Commission and to sign the Order of Taking of 11 91 acres of land owned by Lexington Associates, Inc for Conserva- tion purposes, in the amount of $68,900 Also, to sign the Order of Taking of 1 89 acres of land owned by Lexington Associates, Inc for school, playground, recreation, sewer and drain purposes, in the amount of $7,100 Mr O'Connell agreed to make arrangements to have information on the Public Drinking By-Law Article available for Town Meeting members Upon motion duly made and seconded, it was voted, 5-0 by roll call Executive vote, to go into Executive Session to discuss strategy with respect to Session litigation; also, the reputation of an individual After discussion, it was voted to go out of Executive Session and resume the open meeting The Board agreed to approve the minutes of Selectmen's meetings Minutes Upon motion duly made and seconded, it was voted to approve the following minutes of 1975 Selectmen s meetings January 6, 20, 27; February 3, 10, 18, 24; March 3, 24, 31; April 7, 14, 22, 28; June 2, 16, 30; July 14, 28; August 11, 13; September 8, 22, 29; October 27; November 3, 17, 1975 4t) Selectmen's Meeting March 29, 1976 Upon motion duly made and seconded, it was voted to adjourn at 7 55 p m. A true record, Attest Executive Clerk, Selectmen 1 1 41 SPECIAL SELECTMEN'S MEETING March 31, 1976 A special meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Wednesday, March 31, 1976, at 7 00 p.m. Chairman Kessler, Mr Bailey, Mr Buse, Mrs Battin, Mrs Miley; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present Mr Richard Michelson and the Bicentennial Corp , Inc met with the Battle Green Board Flagpole - Mr Michelson After analyzing the permanent memorial situation, we Bicentennial came to the conclusion that we would like to come to the Selectmen for Corporation approval to buy and dedicate a flagpole on the Green and to have a plaque on it There is an article in the warrant for the Town to raise money but we are saying that we have the money and, as we said on Town Meeting floor last year, money that would be returned to E & D Bicentennial ex- penses were less than anticipated We do feel that we will still be in a position to turn back several thousand dollars to the Town Chairman Kessler When you talk of a plaque, is it your intention to list the names of members of the Bicentennial Corporation? Mr Michelson Yes, because of the hard-working committee Chairman Kessler If the Selectmen did not vote to do this, then the entire amount would be returned to E & D? Mr Michelson Yes, our by-laws say so Chairman Kessler I, personally, would like to do something about this before I act on it Frankly, I have some difficulty in seeing a plaque with names on it; lots of people have worked very hard in the Town A plaque with a list of individual names would seem inappropriate whereas it would be appropriate to have on the plaque that it was a gift from the Bicentennial Corporation I would like to give it some thought Mr Michelson. When building have been erected, they have had a list of names on a plaque Mr Bailey The last Town building, Cary Memorial Library, that was completed did not have such a plaque and will not have such a plaque Mr O'Connell Town Counsel has prepared an alternate motion. If the point is raised on the appropriateness of such a plaque on the Green, per- haps there could be recognition of the work of the Bicentennial Corpora- tion at some other location in Town, such as the Visitors' Center Chairman Kessler This is the Battle Green and perhaps that would be more in keeping Ask the Bicentennial Corporation to think of an alterna- tive if you want them to be the ones to present the flagpole Mr Michelson We would like it up for April 19 but, if that is im- possible, a new target date would be July 4 It could be done faster by the Bicentennial Corporation than by the expenditure of Town funds Mr Jaquith, Historic Districts We have reservations about putting names on a plaque on the flagpole As far as saying how it was presented, 42 Special Selectmen's Meeting March 31, 1976 that is all right Mr Busa I think another motion could be drawn up We hope to take up this Article 32 on next Monday night Chairman Kassler- I would like to do it with the Bicentennial Corp- oration in full agreement Mr O'Connell There is a question of whether Historic Districts feels there is a requirement on a certificate of appropriateness, and whether Town Meeting wants to proceed Mr Jaquith. There is no question there; there could be a hearing by us because the material on the flagpole has changed I told Mr McSweeney that the best we could do would be to advertise next week and have a hear- ing in two weeks on the erection of the flagpole Mr O'Connell Mr McSweeney and I would bring the material on Monday night It was agreed that Mr McSweeney is to submit an application to the Historic Districts Commission immediately; Mr O'Connell is to present addi- tional information to the Board at the meeting on next Monday; the Bicen- tennial Corporation is to come back on next Monday with an alternative suggestion Transfer Mr O'Connell recommended that the Board approve a request for a trans- Request - fer of $20,000 to Account #5450-Road Machinery There has been an exceed- Road ingly high amount of major repairs, including parts and labor, coupled Machinery with the increased cost of parts and materials associated with vehicle supplies DPW is trying to improve preventative maintenance by operator training Management-wise, we are doing everything we can On the land- fill operation, we believe we are doing a better job but this does involve more machine hours per month Snow removal has been handled by DPW in-house and, therefore, this represents an increase in material costs and the cost of gas consumption By staying around $100,000, relatively old equipment would have heavy, constant use Next year, perhaps the Board should keep repair costs in mind A reserve transfer of $25,000 was given for snow removal and we will be returning about $20,000 to E & D Snow removal will balance out at $110,000 On the sanitary landfill, DPW acquired fill from contractors and Hinchey Road, and DPW machines hauled it Mr Bailey This is one of my tender spots, and I wish we could get this road machinery expense account under control Mr O'Connell I have asked Mr McSweeney to make the recording in- strument try-out to see if it tells more information on whether we are''a. overloading and accelerating the increase in breakdowns Mr Bailey A decision has to be made whether to repair something obviously in distress and not make a decision to repair those beyond re- pair Next year, we will know more Upon motion duly made and seconded, it was voted to request the Ap- propriation Committee for approval of a transfer from the Reserve Fund to Account #5450-Road Machinery in the amount of $20,000 Rep Amick- The Board discussed a request of Representative Carol Amick for a H1792 position on her House Bill 1792, to establish the Tri-Town Regional Special Selectmen's Meeting March 31, 1976 Recreation Conservation District in the Towns of Burlington, Lexington and Bedford. Because of a lack of information, Mrs Miley agreed to investigate and come back to the Board with a report Chairman Kessler read a request from Lexington Friends for permis- Cary Hall sion to use Estabrook Hall for a reception after the jazz concert in Cary Permit Hall on April 3, 1976 Mr O'Connell The Board's original approval for the use of Cary Hall includes the entire building The Board agreed Chairman Kassler asked for the appointment of an Acting Chairman Acting during his absence on April 2 through April 5 at 5 00 p.m Chairman Mrs Miley moved that Mrs Battin be appointed Appointment Mr Busa moved that Mr Bailey be appointed Mrs Miley seconded the motion Upon motion duly made and seconded, it was voted to appoint Fred C Bailey as Acting Chairman from April 2 through April 5 at 5 00 p m. Chairman Kessler informed the Board that Miss Sheila Busa had re- Article 71- quested this afternoon that Article 71, Public Drinking By-Law, be Public postponed as she would like to speak on this article but is unable to Drinking attend Town Meeting tonight There are also citizens who wish to speak but can't be there Mr O'Connell Material is available as of tonight Mrs. Miley If information is to be distributed for the first time tonight, I am concerned about getting it just a half hour before it is discussed The Board agreed to recommend to Town Meeting that Article 71 be postponed until later Chairman Kassler read a request from the Conservation Commission to Art 48 - sign the affirmation to assure a prospective seller of the land located Conservation at Clematis Brook and Hardy's Pond at Waltham Street of the Town' s good Land faith in purchasing the land Upon motion duly made and seconded, it was voted that the Board of Selectmen hereby affirms that the Town of Lexington fully intends to ex- ercise the option signed by Bonny's Landscape Service on March 27, 1976, as part of the implementation of Article 48 as passed by the 1976 Annual Town Meeting on March 29, 1976, regardless of the outcome of Town Meeting action on Article 92 of 1976, which includes interim wetland zoning over this land Upon motion duly made and seconded, it was voted, 5-0 by roll call Executive vote, to go into Executive Session to discuss strategy with respect to Session collective bargaining or litigation, 7 40 p m. Upon motion duly made and seconded, it was voted to adjourn at 7 55 p m. A true record, Attest Executive Clerk, Selectmen 44 SELECTMEN'S MEETING April 5, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, April 5, 1976, at 7 00 a m. Chairman Kassler, Mr. Bailey, Mr Busa, Mrs Battin, Mrs Miley; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Di- rector of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present Treasurer Mr Louis A. Zehner, Town Treasurer, requested approval of the Board of a $70,000 loan for the property owned by Lexington Associates, Inc , as voted under Article 45 of the 1975 Annual Town Meeting Bids had been re- ceived and the recommendation is to award to Bay Bank Middlesex at 1 90 percent with notes dated April 9, 1976 and maturing on June 15, 1976 Upon motion duly made and seconded, it was voted to approve the rec- ommendation of the Town Treasurer to borrow $70,000 at 1 90 percent from the Bay Bank/Middlesex, with notes dated April 9, 1976 and maturing on June 15, 1976 Buckman Mr O'Connell recommended that the fire and lightning insurance cov- Tavern erage on Buckman Tavern be increased from $45,000 to $100,000 This amount Insurance would not replace the building but would enable to Town to cover some of it The replacement cost would be $150,000 It is written for two poli- cies now, one for the Town and one for the Historical Society and the ques- tion is whether it should read just for the Town and be one policy Upon motion duly made and seconded, it was voted to approve the rec- ommendation of the Town Manager to review with Town Counsel the matter of the Buckman Tavern fire insurance policy Battle Mr O'Connell informed the Board that time is needed to review the Green proposed flagpole on the Green and he recommended that it be deferred Flagpole until the Wednesday evening meeting Prior to that meeting, interested persons will visit a location where a fibreglass flagpole is already in- stalled We have a difficult choice between fibreglass and steel and we have received very good proposals for each The Board agreed to defer the matter until Wednesday Retired Mr O'Connell discussed the insurance on retired teachers being brought Teachers' back to the Town When we brought them back, we went to the Town's insur- Insurance ance carrier to arrange to provide the teachers with the same coverage they had prior to the time when they were taken into the State system. Our insurance carrier recommended that these retired teachers not be taken into our group coverage but Mr Perry and I believe the return should be on the same ground rules as when they left We will have to face a change in the premium, and it is an April 1 decision The entire history will be pre- sented when we have more time to discuss it Chairman Kassler• In the meantime, what is the status of the teachers? Mr O'Connell They are covered 45 Selectmen's Meeting April 5, 1976 It was agreed to discuss the retired teachers' insurance at a future meeting. For the information of the Board and the general public, Mr O'Connell Summer Free announced the possibility of the Town participating in federal funding for Lunch a children's free lunch program during the summer Further information Program will be submitted after being reviewed with the School Department and the Appropriation Committee Mr O'Connell left the meeting to meet with the Appropriation Committee at 710 p m Mr Richard Michelson and members of the Bicentennial Corporation met Battle with the Board Green Chairman Kassler We had hoped to discuss in detail the choice of Flagpole flagpole material but it has been postponed until Wednesday Have you discussed it further with the Bicentennial Corporation? Mr Michelson The first thing to know is if the Selectmen are will- ing to let the Bicentennial Corporation do this project as a permanent memorial with our funds on Town property? We have to know the procedure on which the project will be handled - if the Bicentennial Corporation will buy and pay for the flagpole direct or what other manner would be prescribed? I didn't mention at our last meeting that the Bicentennial Corporation would like to purchase now for $1 00 the old flagpole that is standing on the Green, to cut it up and use it for recouping expenses We would like answers on how the funds would be expended As far as the target date of July 4, 1976, we would like the proper recognition on a plaque on that date Mr. Buse At some other location? Mr Michelson At the flagpole, there should be some inscription, "Presented July 4, 1976 by the Bicentennial Corporation " This has to be approved by the Historic Districts Commission Mr Bailey- It would be helpful to us if you give us a draft of what you want to use To use the old pole as Bicentennial material is a good idea I would ask Mr O'Connell about the control of purchasing, erection, and how the flow of money would be handled? Mr O'Connell I discussed these with Mr Michelson and Mr McSweeney and, in my personal judgment, the more preferable and possibly cleaner way to handle it is for the Town to place and administer the contract, which would also mean the assistance of the Public Works Department The Bi- centennial Corporation can handle two roles - the source and giver of funds for the purchase and installation of the flagpole and the plaque program which goes with it. There are many difficulties if the Bicentennial Corp- oration attempts to install and attempts to donate to the Town If the Town does that, and the Bicentennial has the costs Mr Bailey- We have to have a proposal on exactly how the erection, payment and supervision may be handled How is the motion to be handled? Is the money to go back to E & D? Mr Michelson I discussed this with Mr McSweeney and I foresee 416 Selectmen's Meeting April 5, 1976 quite a few problems of the Town with flagpole payment problems People have expressed to me that it is a disgrace to see the flagpole like it is on the Green I see quite a few problems We have listened to pro- posals from three companies to put a flagpole on the Green and, in my estimation, there are two excellentssibilities both beingsteel We po of the Bicentennial Corporation would like to take it over and, by July 4, it could be erected Chairman Kassler I find it difficult in making a determination on this without expressing the need for help and guidance of the Engineering Department The decision has to rest with the Town and I wouldn't want to relinquish that Mr Busa I don't think the Bicentennial Corporation is asking for that determination It is talking about the expediency The Town can accept the flagpole and the Town can have coordination of the contract by having the liability for this Chairman Kassler What about the choice of material? Mr Busa This is not the purvue of the Bicentennial Corporation It is the purchase and erection of it by July 4 If the Town and Historic Districts want fibreglass, that is agreeable with them. There would be a time lapse after Town Meeting before the contract would be let out. Mr O'Connell It is my impression that we could implement this With all due respect to the Bicentennial Corporation, I doubt that they could do it any faster than the Town We could wrap it up and could meet the July 4 date Mr Michelson There has been a requirement from three people of an advance payment for the flagpole I don't know if the Town could do that. Also, payment afterwards - these people want payment when they need it The Bicentennial Corporation can do that We would do the pro- ject entirely with the Selectmen, Town Manager and the Department of Public Works We want to have this pole bought and erected. Chairman Kassler It appears that our aims are the same, and I won- der if the Town Manager can't do it as fast as you I don't see that as a big problem. You want answers - does the Board want to accept is as a gift from the Bicentennial Corporation? Mr Michelson My concern is how the Article is worded That means the Selectmen would be responsible and not the Bicentennial Corporation. This is what I want to prevent Chairman Kassler We will leave that to Town Counsel Does any mem- ber of the Board not wish to accept this? No answer Chairman Kassler The Board is unanimously in favor of it and I thank the Bicentennial Corporation for it As to who buys it Mr Cohen The motion reads, "That the sum of be appropriated to replace the flag pole on the Battle Green and provide a suitable bicen- tennial memorial plaque, and that to raise such amount the Selectmen be and they hereby are authorized to accept and expend a gift from the Lexington Bicentennial Corporation " Mr Michelson To me, this then limits the motion to, the Selectmen are obligated to handling the contract Chairman Kassler The Selectmen want to be obligated 47 Selectmen's Meeting April 5, 1976 Mr Michelson Is the Town able to handle payment? Mr Bailey This is one of the items to be unfolded between now and Wednesday In my time on the Board, we hever have been held up on a payment Chairman Kassler Town Counsel can handle it We are nit-picking Unless the Bicentennial Corporation is unwilling to do it, then the Board is willing to do it Mr Busa Have the Town Manager, Town Counsel, and Bicentennial Corp- oration discuss it The Board agreed to discuss the matter on Wednesday, with recommenda- tions from the Town Manager as to material The Bicentennial Corporation members retired from the meeting Chairman Kassler read a recommendation from Mr McSweeney, Director House Move of Public Works/Engineering, that approval be granted to Metropolitan Building Movers, West Peabody, to move a house, subject to conditions of the Public Works Department Upon motion duly made and seconded, it was voted to grant permission to Metropolitan Building Movers to move a house from Virginia Read, Lin- coln, to a new location on Concord Avenue, Lexington, subject to the follow- ing conditions 1 A bond in the amount of $5,000 is to be posted with the Department of Public Works 2 The licensee shall procure and maintain during the life of the permit, general liability insurance with coverages for bodily injury and property damage liability A copy of the insurance certificate must be submitted to the Town of Lexington along with the bond before the permit will be issued 3 The licensee shall be required to provide uniformed police offi- cers for traffic control, etc 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 responsible for any loss or damage to the Public Way being used for detour 5 The mover shall contact and meet with a Department of Public Works representative and Mr Paul Mazerall, Tree Warden prior to the issuance of a permit 6 If move is not completed in one day, the mover must have an al- ternate location to park the house overnight Mover must obtain written permission from owner of location if stored overnight Upon motion duly made and seconded, it was voted to sign the Auc- Auctioneer tioneer license for Mr John D Brucchi, 63 Paul Revere Road, expiring March 31, 1977 (Renewal license) Chairman Kessler read a recommendation from Mr McSweeney regarding Sewer Re- the sewering of Barnes Place if the formal petition is returned from the quest - residents Barnes Place fil Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering that the sewer- Selectmen's Meeting April 5, 1976 ing of Barnes Place be given a high construction priority, and to authorize that the estimated project of $13,000 be built from existing funds in the event that they become available If not, the project will be included in the FY 78 budget Bond - Upon motion duly made and seconded, it was voted to approve the bond Treasurer of Mr Louis A Zehner, Town Treasurer, in the amount of $148,000, and to request the approval of the Commissioner of Corporations and Taxation. Mt McKinley Chairman Kassler read a request from Mr William Page, Minuteman Coun- Climb Group- cil of Boy Scouts, for the Board to conduct a ceremony for the presenta- Bicentennial tion of the Lexington Bicentennial flag to the Mt McKinley Climb Group Flag before they depart for Alaska in early June Upon motion duly made and seconded, it was voted to schedule a cere- mony to present the Lexington Bicentennial flag to the Mt McKinley Climb Group of Explorer Scout Post 122 It is proposed to bring the flag to the top of Mt. McKinley and return it to the Town Minutes Upon motion duly made and seconded, it was voted to approve the min- utes of the Selectmen's meeting of March 22, 1976 Meeting The Board agreed to meet on Tuesday, April 20, because of the holiday on Monday, Patriots' Day H1792 Tri- The Board discussed House Bill 1792, filed by Representative Carol Town Comm. Amick A report submitted by Mrs Miley is as follows "As you know, Representative Carol Amick has filed House Bill 1792 with the State Legislature This bill proposes to establish a Tri-Town Regional Recreation Conservation District in Burlington, Lexington and Bedford and concerns certain parcels of land located on the boundary lines of these towns along Routes 3 and 128 The Boards of Selectmen of each town, if the Act is passed, will appoint three members to the Board Initially, one member will have a one-year term, one, a two-year term, and a third a three-year term. A seventh member will be alternately by each town. In my discussion on April 1, 1976, with Representative Amick regarding this Bill, it was my understanding that the majority of the Board, in order to establish the District, may take property by eminent domain under Chap- ter 79 or 80A of the General Laws or may acquire property by purchase, lease, gift or otherwise, and may also take or acquire such easements necessary within or without the District The District will be authorized by this bill to enter into agreements and contract with any person or persons, organizations, public or private, provided such agreements and contract do not exceed financial commitments, authorized by Town Meeting of each town and do not commit the town to future financial commitments not authorized at Town Meetings or the Towns com- prising the District A majority of the Board would have veto power Representative Amick is requesting the Lexington Board of Selectmen to support the Bill and, if possible, to send a representative of the Board to 49 Selectmen's Meeting April 5, 1976 so state before the Committee on Local Affairs, which will hear the Bill at the State House on Tuesday, April 6, 1976 " Mr Cohen Perhaps there would have to be amendments to the Bill to make it clearer, but the Board could vote to support the intent of the Bill Upon motion duly made and seconded, it was voted to support the intent of House Bill 1792 Because a member of the Board is unable to attend the hearing, Rep Amick is to be notified, by telephone, of the above vote The Board discussed Article 76-Police Manual Review Committee. Art 76 Mr. Bailey We had discussed this at one other meeting and I think Police it would be nice if this Board could take a unanimous position on what Manual the disposition of Article 76 should be, and it may be possible to bring Committee this Board into a posture where they could agree The sense is, that it be referred back to the Board for appropriate action Chairman Kessler read the following statement (For Town Meeting) "The Board of Selectmen is in agreement with the principle of estab- lishing a Police Manual Review Committee The Board believes, however, that it should be free to exercise its own judgment as to how the Committee should be set up and that the Board should not be bound to follow the struc- ture set out in Article 76 The Board therefore recommends that the matter be referred to the Board of Selectmen with the understanding that the Board will appoint such a Committee The Committee will not be an investigatory Committee but will make policy recommendations to the Board The report of the Committee will be made readily available to the public Accordingly, Mr Moderator, on behalf of the Board of Selectmen, I move that the matter be referred to the Board of Selectmen for action by the Selectmen in ac- cordance with the statement I have just made (The motion for referral on this basis has the unanimous support of the Board of Selectmen ) " Mr Bailey I can support that statement Mr Busa On policy recommendations, I assume you mean in reference to the Police Manual? Chairman Kessler Yes Upon motion duly made and seconded, it was unanimously voted to support the above statement to be made at Town Meeting on Article 76 Dr Eric Clarke, Chairman of the Planning Board, came into the meet- Art 91- ing Green & Dr Clarke The Planning Board just considered what it should do White Land- about Article 91 which, if passed, would put the Green and White land lo- Wetland cated off Maple Street into a wetland zone We met with Mr White and his Zoning lawyers and they explained that they want to have the Article withdrawn They have filed a preliminary subdivision, with every intention of going forward with a definitive subdivision The law reads that if they file a preliminary subdivision before a zoning by-law becomes effective, they are protected for seven years Mr White and his lawyers do not want to have it rezoned and will proceed in an orderly development of the land The Planning Board, in the past, has worked with developers to get a plan of maximum benefit to the Town t}0 Selectmen's Meeting April 5, 1976 It appeared that we were in agreement, with Mr Zabin apparently con- curring, that the By-Law change advocated in Article 91 would be with- drawn At the Planning Board meeting this evening, however, it became apparent that a majority of the Planning Board still desires to go for- ward with Article 91, and it will not be brought up until Wednesday, at the earliest The Board thanked Dr Clarke for the information Upon motion duly made and seconded, it was voted to adjourn at 745pm. A true record, Attest L(xecutive Clerk, Seiectme I I 5 1 III SPECIAL SELECTMEN'S MEETING April 7, 1976 A special meting of the Board of Selectmen was held in the Select- men's Meeting Roof, Town Office Building, on Wednesday, April 7, 1976, at 7 00 p m. Chairman Kassler, Mr Bailey, Mr Busa, Mrs Battin, Mrs Miley; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Dir- ector of Public Wcrks/Engineering; Mrs McCurdy, Executive Clerk, were present The Board agreed to participate in the April 19 morning parade at April 19 7 30 a.m. Chairman Kessler is to read the Proclamation afterwards at the Parade ceremony on the Bthe Green Upon motion c.uly made and seconded, it was voted to approve the re- April 18 II quest of the Girl Scout Drum and Bugle Corps for the use of the Battle Battle Green on Sunday, P.'pril 18, and to grant a parade permit from St Brigid's Green Church to the Battle Green at 3 30 p.m and return at 4 00 p m. Upon motion duly made and seconded, it was voted to grant a parade May 1 permit to Lexington Baseball Association on Saturday, May 1, 1976, at Parade 1 00 p m. from Muazey Junior High to the Center Playground, under the Permit 1 III supervision of Chief Corr The Board agreed to participate if the Fiske Hill ceremony is sched- Fiske Hill uled for April 10, 1976 Upon motion euly made and seconded, it was voted to approve the Minutes 1 minutes of Selectmen's meetings of November 24 and December 1, 1975; March 24, 1976 Mr O'Connell and the Board discussed Article 32-Replacement of the Art 32- Battle Green flagpole with Mr Richard Michelson of Bicentennial Corp Battle Mr O'Connell The only action needed tonight is for the Board to Green confirm the intent of Article 32 and to accept the gift of the Bicenten- Flagpole - nial under the motion drawn by Mr Cohen Final determination of the Bicentenn material is to be made by the Board Then, as rapidly as possible, to Corp get permission of the Historic Districts Commission to approve the change in material; to o tain confirmation of adequacy of structure design from the structural en ineering consultant; to place the contract; implementa- tion of the proje t I am suggesting that DPW/Engineering is the most appropriate one t handle contract administration and project supervision, with an arrangement for payment by the Bicentennial Corporation We have estimated $30,000 - $23,750 for either steel or fibreglass pole; $1,500 for new foundation, if needed; $25,250 for total cost in- ' stalled in new foundation; $500 for structural evaluation of pole design; up to $1,000 for cost of memorial plaque; $3,250 for contingencies 5`2 Special Selectmen's Meeting April 7, 1976 Everyone would like to see the flagpole in place by July 4 but, if it is not feasible, we should not take improper risks If we have difficulty with the choice, and we are not able to make it by July 4, we recommend that the selection govern, and suitability date be the second choice. It is the Board' s decision tonight Mr Bailey Point of clarification - are you saying that the Board will function as the awarding authority and work out an arrangement for payment, and DPW/Engineering handle the project? On what basis can the Board award? By Town Meeting vote? Do we have authority to spend money by July 1? Mr Cohen It is a gift Mr Bailey So we are within a legal frame? Mr Cohen Yes Mr O'Connell There is nothing in the Article to restrict the Board from being the awarding authority Chairman Kassler We can delegate all or any part of that authority? Mr O'Connell We are suggesting what we think is best, but other options are open Mr Michelson It is apparent that the Article, as being presented, will leave all these options open - so there is no objection from the Bi- centennial Corporation to make a presentation to Town Meeting We hope this can be done as quickly as possible in order to meet the target date of July 4 The $30,000 figure is okay As far as material goes, I was II/going to try and make a suggestion tonight but the more we discussed it, I decided to come back on Monday night Mr Bailey Be aware of the material of the flagpole - fibreglass poles would have a much larger deflection than steel poles Mr Michelson We hope to view a pole about 60 ft tall, and then we can come up with suggestions Fibreglass is much thicker than people think Some are good and some are bad. Mr Busa As we are going to make the determination, a member, or all of the Board, should visit a flagpole which is nearby and we would be able to judge the information Mrs Miley When I listened to the proposals, I did ask a question of the company that had fibreglass poles if there were any around that we could get experience from. The man with steel poles made suggestions and I wonder if it would be helpful if we could get experience from steel? Chairman Kassler: That is a good suggestion We accept, with grati- tude and sincere appreciation, the gift of a flagpole from the Bicentennial Corporation, and to proceed on the course recommended by the Town Manager The Board agreed Mr Michelson retired from the meeting Art 83 Dr Eric Clarke, Chairman of the Planning Board, came into the meeting to discuss Article 83-Adoption of Section 6H of Chapter 40 of the General' Laws Dr Clarke I asked the Planning Board to insert Article 83 primarily because it seemed that the Town needed some means of keeping all streets that are open to public travel to some minimum degree of passability, even Special. Selectmen's Meeting April 7, 1976 though some of these streets are private ways The Town needed some means of maintaining roads to some minimum standard of passability I talked to Mr McSweeney and we are not in disagreement on that. The State law gives us a variance on streets but doesn't say anthing about what sort of improve- ments or getting permission from abutters The Town should operate under maxOdum security this way and keep roads to minimum standards. It is im- portant that this really be kept to a minimum because we don't want to dis- courage abutters from asking for properlyengineered streets Mr McSweeney tells me that he feels a reasonable budget would be $10,000 per year, which is essentially his measure of a minimum standard The Town, of course, would not be required to do any repairing at all; the Article is only per- missive. But, in my view, there is a need I counted 20 streets having very rough sections in them, mostly in need of pothole filling and, perhaps, scraping once in a while Mr McSweeney It is something I want to see done but I don't know if the timing is appropriate, and I have a question on the practicality of implementing this I can't answer the question but it could become a very impractical situation Town Meeting acceptance of Section 6H will allow the Town to make repairs on private ways without liability on account of any damage whatever caused by such repairs Adoption of this section will supersede Section 25 of Chapter 84, under which the Town is presently op- erating, and the Town is held liable for injuries due to defect or want of repairs on private ways which the Town has repaired if said injury occurs within six years of said repairs In the past, the Town has refused to make repairs to private ways and has taken the stance that repairs, if needed, are the responsibility of the abutter The Town is, however, al- lowed to plow these ways of snow without liability for reasons of public safety, namely fire protection Section 6H permits repairs without betterments Mr. Bailey- I have no objection to going along with this Article as, basically, there are two things built in, (1) money; (2) any work done has to be approved by this Board as the Board of Public Works As for a moral obligation and whether we owe it to the people who live on these streets, I don't know whether I feel strongly about it but, before we spend money, to have public hearings on them. Chairman Kessler- If people on the streets really want the street built up, we would go for acceptance On the public hearing route, I wouldn't see that If we felt it had to be done, we would do it on a minimal basis Mr Cohen Once you accept 6H, that's it You are not able to accept other sections, and you can't vote at another meeting in the future to unaccept Chapter 6H Chairman Kassler Then we are binding ourselves forever and ever if we accept this. Mr. Cohen Maybe an Act of the Legislature would do it Section 6H is simple and gives you permission to fix streets Chairman Kassler In effect, it gives us all the leeway we want, with the exception of charging the abutters, and I don't think this Article is for charging the abutters Mr Bailey- Present 6H first I think it appropriate for Lexington Mr Busa I don't think I have a hangup but there are quite a few 54 Special Selectmen's Meeting April 7, 1976 private streets I would ask Dr Clarke if it should come forward this year because of liability and intangibles Dr Clarke It releases you from liability It is hard to see us getting in trouble Mrs Miley I wonder if the term "hearing" might be confusing to people; they might assume it might be bigger I don't think I like the,. hearing part of it at all Mr McSweeney They would be informational hearings the way we do before we go to Town Meeting. Mr Bailey Do you plan to put money aside this year? Dr Clarke I would suggest in Article 4, and it wouldn't be anything more than John does anyway Chairman Kessler Is it the Board's desire to act in favor? Upon motion duly made and seconded, it was voted to support Article 83, as presented and discussed Executive Upon motion duly made and seconded, it was voted, 5-0 by roll call Session vote, to go into Executive Session to consider the purchase of real property which is currently under negotation, and to discuss the reputa- tion and character of certain individuals Upon motion duly made and seconded, it was voted to adjourn at 7 53 p m A true record, Attest &12612-16--' (; Executive Clerk, Selectmen I 55 SELECTMEN'S MEETING April 12, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, April 12, 1976, at 7 00 p m. Chairman Kessler, Mr Bailey, Mr Busa, Mrs Battin, Mrs Miley; Mr. O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Direc- tor of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present Mr O'Connell recommended that the Board approve the request for a Transfer- transfer of $5,000 to Account #5450-Road Machinery The Appropriation Acct 5450 Committee approved a request for $5,000 on April 5 and it is necessary Road Mach to request an additional amount for outstanding expenditures for gasoline, parts, etc Upon motion duly made and seconded, it was voted to request approval of the Appropriation Committee for a transfer from the Reserve Fund in the amount of $5,000 to Account #5450-Road Machinery Mr O'Connell recommended that the Board vote to reject all bids sub- Bids for mitted for a softball lighting at the Center playground because of the Softball negative action of Town Meeting Lighting Upon motion duly made and seconded, it was voted to reject all bids for softball lighting at the Center playground Mr O'Connell asked the Board to read and consider supporting the Collective resolution of the Town of Weymouth petitioning the Great and General Bargaining Court to terminate the present collective bargaining act, which termi- Act nates legally on June 30, 1977 The Board agreed to discuss the matter at a future meeting Mr O'Connell requested approval of the appointment of Mrs Dorothy Council on Williams as a member of the Council on Aging, to fill the vacancy caused Aging by the resignation of Mrs Helen Sullivan If approved, Mrs Williams Appointment would be appointed without prejudice on the eligibility of the planned program coordinator position Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager to appoint Mrs Dorothy Williams a member of the Council on Aging Mr O'Connell discussed the status of collective bargaining, which Collective is the basis of Article 5 presentation Bargaining D.P W - 5 4% has been ratified Police - 5 6% - not ratified Fire - non-settlement; will go to fact-finding Union's final offer is 7%, which would mean over 9% The Town has gone as far as it should, and the Town Manager's recommendation is 0 funds in Article 5 The Board may wish to keep Article 5 open in order to keep all options open through Town Meet- ing, and I would like to give the Appropriation Committee the same summary 56 Selectmen's Meeting April 12, 1976 The Board agreed that Mr O'Connell is to update the Committee Appointment Chairman Kessler read a proposal for the creation of an appointment Criteria criteria committee, to draw up set standards for use in the appointments Committee to various Selectmen-appointed committee in future years Chairman Kassler I believe that appointments to the various Select— men committees and boards have, by and large, been excellent There are, however, no clearly defined standards, publicly discussed and generally agreed upon, by which these choices are made I see this as a committee charged with developing criteria within the next ten months for each of the Selectmen-appointed positions. The committee would work openly with as much citizen input as possible and report back to us periodically with proposals until we have established criteria for all committees and boards under our jurisdiction I feel that this will provide increased citizen participation in our appointment process Mrs Battin I think it is a good idea and would go along with it I wonder if it is possible to expand the charge, to look at things such as the number on the committee and, also, timing of the appointments? Chairman Kassler I am in favor of it Mrs Miley I am in favor, in the future, of having appointments to boards and committees made after Town Meeting Mr Bailey The committee should draw up guidelines rather than set standards, and I agree if the Board develops the charge to the Committee Mrs Battin I agree, and we will ask the Committee to develope criteria and come back to the Board Upon motion duly made and seconded, it was voted to establish an ap- pointment criteria committee to draw up guidelines for use in appointments, the timing of appointments, and the number of members on the various Select- men-appointed Boards and Committees Also, this Committee is to make rec- ommendations to the Board of Selectmen within the next 10 months to enable the Board to act on each, individually Dr Kassler Due to the fact that we have voted to appoint a new Committee to set up critieria for next year, I recommend that there be no changes this year The Committee will point the direction for next year's appointments We have annual appointments to make this evening and the first would be on the Board of Appeals Mrs Battin read the following statement "During the two years I have served on the Board of Selectmen, and for many years before that, the focus of my political concerns has been the structure within which our town government operates So far as it concerns the Board of Selectmen, this means to me that people should know the nature and extent of the powers we have, the way in which we use them and the criteria and standards we consider in exercising these powers Public knowledge of these matters is particularily important when we appoint other town boards, such as the Board of Appeals A year ago, in considering appointments to the Board of Appeals, Dr Kassler and I proposed criteria and standards for eligibility and qualifi- cation by which we would judge persons for appointment or re-appointment 57 Selectmen's Meeting April 12, 1976 and stated we wouldaccordingly--which vote accordingly- which we did We were not successful, however, in persuading the entire board to debate these proposals or adopt standards I think it is important that we do so, not only for our present actions, but for the guidance of future boards so that people can have an insight into the workings of the board and what governs our actions The only way in which people can justify their confidence in us and what we do is if we act on the basis of standards known to the public and acknowledged by us to be controlling on our actions before we take them. The composition of the Board of Selectmen makes me feel confident that we can confront directly and resolve the issues of eligibility and qualifi- cation That task is difficult and more important than the issue posed by an individual personality For that reason, if a candidate for re-appoint- ment this year fails to meet my personal criteria, I intend to abstain from voting, rather than voting "No," until the board has had an opportunity to consider and adopt criteria and standards relevant to such an appointment I do this with the understanding that I intend to vote in a different manner after the board has dealt with the proposed changes, even though the candi- dates who come before us then may, in some instances, be the same as those before us now " Mrs Miley read the following statement "My votes and decisions as a member of the Board of Selectmen have been made with careful consideration of the facts on my part and a reflection of the wishes of the people of Lexington who elected me I am entirely in favor of forming a criteria committee for Board candidates In the absence of the above three factors, I may, in some instances, abstain from voting for some names at this meeting " Mr Buse I have yet to see any person serving on a committee now that has not been qualified in serving, and I take objection to innuendos or statements made by a member of the Board Mr Bailey I have no statement Chairman Kassler Our positions are all clear and, by and large, we will vote as we see fit, and also wait until next year to express ourselves On the membership of the Board of Appeals, Mrs Morey's term has expired and there is a vacancy due to the resignation of Logan Clarke Upon motion duly made and seconded, it was unanimously voted to re- Appointments appoint Mrs Ruth Morey a member of the Board of Appeals for a 5-year Board of term expiring March 31, 1981 Appeals Mrs Battin nominated Mr Irving H Mabee to fill the unexpired term of Mr. Logan Clarke to March 31, 1980 Mr Bailey seconded the nomination and stated that in appointing a full member of the Board of Appeals, historically, we pick the senior Associate Member and there is good reason for this, in my opinion When you start shooting around at random, you take your chances Haskell Reed is the senior member at this point in time but he asked, under the circum- stances, that his name not be placed in nomination Upon motion duly made and seconded, it was unanimously voted to appoint Irving H Mabee a member of the Board of Appeals to fill an unexpired term of office to March 31, 1980 58 Selectmen's Meeting April 12, 1976 Board of Mr Buse nominated the remaining five Associate Members of the Board Appeals of Appeals for re-appointment and to appoint Mr Clarence D Turner Assoc Upon motion duly made and seconded, it was voted to re-appoint Mr Members Haskell W Reed an Associate Member of the Board of Appeals for a term of office expinring March 31, 1977 Mrs Miley abstained Upon motion duly made and seconded, it was voted to re-appoint Mr Robert Cataldo an Associate Member of the Board of Appeals for a term of office expiring March 31, 1977 Mrs Battin and Mrs Miley abstained. Upon motion duly made and seconded, it was voted to re-appoint Mr Robert M. Gary an Associate Member of the Board of Appeals for a term of office expiring March 31, 1977 Mrs Miley abstained. Upon motion duly made and seconded, it was unanimously voted to re- appoint Mr Thomas G Taylor an Associate Member of the Board of Appeals for a term of office expiring March 31, 1977 Upon motion duly made and seconded, it was unanimously voted to re- appoint Mrs Natalie H Rif fin an Associate Member of the Board of Appeals for a term of office expiring March 31, 1977 Town Upon motion duly made and seconded, it was unanimously voted to re- Celeb appoint Mr Leo Gaughan and Mr William P Brenchick, Jr as members of Committee the Town Celebrations Committee for terms of office expiring April 30, 1979 Bldg/Plumb- Upon motion duly made and seconded, it was unanimously voted to re- ing Comm. appoint Mr Robert W Custance and Mr Leo Dunn as members of the Standing Plumbing and Building By-Law Committee for terms of office expiring April 30, 1979 Gammell Upon motion duly made and seconded, it was unanimously voted to re- Legacy appoint Mr James E Collins a Trustee of the Gammell Legacy Income Trust Income Tr for a term of office expiring March 31, 1977 Trustee Upon motion duly made and seconded, it was unanimously voted to re- Pub Trusts appoint Mr George P Morey a Trustee of Public Trusts for a term of office & Bridge expiring March 31, 1982, and a Trustee of the Bridge Charitable Fund for a Char Fund term of office expiring March 31, 1979 Fence Upon motion duly made and seconded, it was unanimously voted to re- Viewers appoint Rev Harold T Handley and Mr Louis A Zehner as Fence Viewers for terms of office expiring March 31, 1977 Registrar Upon motion duly made and seconded, it was unanimously voted to re- of Voters appoint Mr George E Williams a Registrar of Voters for a term of office expiring March 31, 1979 Executive Upon motion duly made and seconded, it was unanimously voted to re- Clerk appoint Mrs Eleanor M. McCurdy as Executive Clerk for a term of office expiring March 31, 1977 111 59 Selectmen's Meeting April 12, 1976 Mrs Battin informed the Board that the Drug Advisory Committee rec- Drug ommends the appointment of Dr Frederick L Mazer, 19 Muzzey Street, and Advisory Mr. Jack Sarmanian, 330 Bedford Street, as members of the committee, be- Committee cause of Dr Ellicott's resignation and Mr Mabee's appoint to the Board of Appeals. Mr Sarmanian is nationally know in the drug abuse field, has headed an Everett drug program called ACID and currently has a contract with the Malden Court to provide education for drunk drivers Mrs Battin I would like to nominate Dr Frederick L Mazer and Mr Jack Sarmanian for appointment as members of the Drug Advisory Committee Upon motion duly made and seconded, it was unanimously voted to appoint Dr Frederick L Mazer and Mrs Jack Sarmanian as members of the Drug Ad- visory Committee for terms of office expiring March 31, 1977 Upon motion duly made and seconded, it was unanimously voted to re- appoint the following members of the Drug Advisory Committee for terms of office expiring March 31, 1977 Mrs Margery M. Battin, Chairman; Mr Sumner E Perlman, Dr Jack H. Monderer Upon motion duly made and seconded, it was unanimously voted to re- Drug appoint Mr Charles L. McManus as DrugCounselor of the Town of Lexington Counselor AP g for a term expiring March 31, 1977 Upon motion duly made and seconded, it was unanimously voted to re- Street & appoint Mr Malcolm E Graf a member of the Street and Sidewalk Design Sidewalk Advisory Committee for a term expiring March 31, 1979 Committee The Board agreed to appoint a member of the Historic Districts Com- Hist Dists / mission as soon as nominees are submitted from the Historical Society Historical - It was also agreed to hold the appointments to the Personnel Advisory Person Bd Board for a few weeks Representative Carol Amick met with the Board and the PlanningBoard Burlington A g Rep Amick You listened to me a couple of weeks ago when I asked Lexington you to support a bill I filed on establishing a Tri-Town Regional Recrea- Bedford tion Conservation District in Burlington, Lexington and Bedford Because Committee of opposition from the Town of Burlington, I do not feel there is much chance of getting it through the Legislature Lloyd Gilson and I spoke to a member of the Burlington Planning Board and we were pleased that he said he would get together with Bedford and Lexington to try to get a solution to this It was suggested by a Burlington official some time ago to change boundary lines to swap some property with Bedford to keep this as open space; it was also proposed that Lexington give land at Hartwell Avenue and Hanscom Field to Bedford. I don't know the legal rami- fications but, a few years ago, Bedford and Billerica worked it out on Route 3 land. I would ask you to appoint a representative to go to Burl- ington and talk about it Chairman Kessler- We will leave it that you will also meet with the Planning Board and then we will get together and appoint someone to go and represent Lexington's interest Rep Amick and the Planning Board retired from the meeting Selectmen's Meeting April 12, 1976 Hanscom Hanscom Chairman Kassler read a request from Major Rhoads,oa , Air Force Community Base, to update the Hanscom Community Council Council The Board agreed to continue, and confirm to Major Rhoads, the present membership of the Hanscom Community Council, as follows Allan F Kenney, Lincoln P Cole, Jr , Otis S Brown, Jr , Arthur E Burrell, Raymond B Barnes Also, Mr Kenney is to act as liaison for discussion of any items of interest which may arise in the future Mr Bailey indicated a desire to become a member of the Council if one of the members should decide not to serve The Board agreed. Ride-a-Bike Chairman Kessler read a request from the Lexington Education Associa- Permit tion to conduct a "Ride-a-Bike " Mr O'Connell suggested that the organization be reminded that it is prohibited to nail signs to the Town's trees and to ask the group to re- move any that might have been posted along the route Upon motion duly made and seconded, it was voted to grant permission to the Lexington Education Association to conduct a "Ride-a-Bike" event on May 2, 1976 at 1 00 p m. , subject to the regulations of the Police Depart- ment and the by-law prohibiting signs on trees Battle Green Chairman Kessler read a request from the Band Director of Lemont, Band Concert Illinois, High School Band to conduct a concert on the Green on June 19 Also, a request for the Town to provide 75 chairs Mr O'Connell There is no problem If the Board desires, we can request Mr Sweet to take 75 chairs from Cary Hall and put them on the Green Upon motion duly made and seconded, it was voted to grant permission to the Lemont High School Band to conduct a band concert on the Battle Green on June 19 Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meeting held on March 29, 1976 Statement - Chairman Kessler said that he would like to make the following state- Town Mgr ment on behalf of the entire Board of Selectmen in answer to many questions Appointment and personal attacks on members of the Board "Much of the emotional discussion which has followed the March 15 ac- tion of the Board of Selectmen relative to the appointment of the Town Manager seems to be based on inaccurate or insufficient information The Selectmen/Town Manager Act under which Lexington operates states that the Board of Selectmen shall appoint the Town Manager for a term not to exceed three years The Manager was last reappointed on March 12, 1973 On March 12, 1976, the office of Manager, in the opinion of Town Counsel, would therefore become vacant without some action by the Selectmen The Selectmen had to make an appointment Failure to do so would have raised serious questions as to the legality of Mr O'Connell's signing papers or action in any way as an official representative of the Town The decision of the majority of the Selectmen to reappoint for a term of only six months was completely within the powers granted the Board bl II/ Selectmen's Meeting April 12, 1976 The Board is of the unanimous opinion that neither the best interests 1 of the Town or the Town Manager would be served by a public hearing The Town Manager concurs " Mr. Bailey I want to add a footnote to that and I have a brief state- ment "The Chairman of the Board of Selectmen can expect to be subjected to criticism from time to time However, in fairness to the present incumbent, I think that it is important that everyone bear in mind that he became chair- men at the beginning of the Board's March 15 meeting As chairman, Howard will undoubtedly be the target of flak at various times in the future, but he shouldn't be tagged with blanket responsibility for Board actions prior to March 15 " Mr. Busa read the following statement "Because of the considerable confusion, rumors and concern expressed by the citizens of Lexington, I would like to clarify my position regard- ing the reappointment of the Town Manager The Town Manager's contract expired on March 12, 1976 The Board of Selectmen did discuss changing the term of the Town Manager's reappoint- ment from three years to a shorter period It was agreed that two members of the Board would meet with the Town Manager, discuss the matter with him, and work out a transition arrangement that would be agreeable to all and in the best interests of Lexington At that meeting, the Town Manager agreed to a six-month reappointment I did not agree with the majority of the Board at the time or their reason for a shorter appointment term, and I would have preferred a longer period for a smoother transition However, I support their right to make their decision and cast their vote as they see fit, but I defend my right to abstain The petitions that have been circulated requesting an open hearing on that reappointment reflect a strong concern on the part of the thousands of residents who signed them. That these many signatures have been collected in the past three weeks is unprecedented in this Town The action speaks for the appreciation shown to Mr O'Connell for his efforts over the past six years The fact that these many citizens have taken part in such an action is a signal to the Board of Selectmen that we should be responsive to these con- 1 cerns We should clarify our position and do everything to avoid misunder- standings in the future However, the wisdom of holding a public hearing was discussed with Mr O'Connell and we agree that it would not be in his best interest or that of the Town, and that should be the primary concern of all of us Although I do not believe an open meeting would help the situation but could only serve to create more polarization I hope to be able to work to address the concerns expressed by so many people and lessen some of the ten- sions and apprehensions that exist I ask the Board to allow me to meet with anyone who has questions re- garding this matter, and I invite the chairman to join me at these meetings " Chairman Kessler On Mr Busa's last point, I would emphasize that over the past three weeks, nctthrough the media but through personal con- kit Selectmen's Meeting April 12, 1976 tact with many citizens of the Town, I have repeatedly offered to meet with any group interested in the facts It is still my feeling that any- one interested in the best for the Town of Lexington should be interested in the facts, and meet face-to-face rather than indulge in the unpleasaft attacks I've seen during the last three weeks I am still available to people who are interested. Mr O'Connell left the meeting to meet with the Appropriation Committee Later on in the meeting, Mrs Shirley Byrne asked about not having a public hearing Chairman Kassler It is the unanimous opinion of the Board of Select- men and the Manager Mrs Byrne What about meeting with you? Chairman Kassler It is impossible for me to meet with individuals but I would be happy to meet with a group Mrs Byrne Set a time Chairman Kassler I will wait for somebody to invite me to come to a meeting Mrs Byrne Come to my house Chairman Kassler Yes, as an unofficial act I do not want to speak for the Board as a whole Mrs Scigliano Would Board members be notified of that meeting? Chairman Kassler Yes I am not setting up meetings I have said that I am available and will respond to invitations Permit- Chairman Kassler read a request from the Lexington Outlook Club to Outlook Club conduct punch sales; also, to sell color postcards of the Bicentennial Punch Sales quilt on April 19 Upon motion duly made and seconded, it was voted to grant permission Postcard to the Lexington Outlook Club to conduct punch sales on Buckman Tavern Sales and Visitors' Center lawn during the warm weather, and to sell color post- cards of the Bicentennial quilt on April 19 within the area where punch is sold Elks Club Chairman Kassler read a request from the Elks Club for an extension of hours of operation on April 19 Upon motion duly made and seconded, it was voted to grant permission to the Elks Club for an extension of hours on April 19 under the Club liquor license from 1 00 p m. to 12 00 Midnight Invitation- For the information of the Board, Chairman Kassler read an invitation Temple from Rabbi Meyers to attend an exhibit at Temple Emunah on Saunday, April Emunah 18, from 1 00 to 5 00 p m. and Monday, April 19 from 8 00 p m to 10 00 p m. Chairman Kassler is to attend the exhibit Sacred The Board had no objection to the Sacred Heart Women's Club conduc- Heart Flea ting a Flea Market in the Parish Center on Saturday, April 24, from 10 00 Market a m. to 3 00 p m. Chairman Kassler asked the Board to appoint an Acting Chairman dur- Selectmen's Meeting April 12, 1976 ing his absence from April 20 to April 25 Acting Mrs Battin said that the suggestion was made to rotate the Chairman Chairman and, therefore, she nominated Mr Busa as the Acting Chairman Busa Upon motion duly made and seconded, it was voted to appoint Select- men Alfred S Busa the Acting Chairman of the Board of Selectmen from April 20 through April 25, 1976 Mr McSweeney discussed the replacement of the flagpole on the Green Flagpole- and stated that a steel flagpole is preferred and, therefor, the recom- Battle mendation is to award the contract to B A Larson & Company, Bedford, Green Mass for the complete installation of a steel flagpole and all appur- tenances on the Battle Green in the amount of $25,866 00, subject to ap- proval of the Historic Districts Commission Upon motion duly made and seconded, it was voted to adjourn at 8 59 p.m. A true record, Attest I.VI" ' Executive Clerk, Selectmen (J 64 SELECTMEN'S MEETING April 20, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Tuesday, April 20, 1976, at 7 30 p m. Acting Chairman Busa, Mr Bailey, Mrs Battin, Mrs Miley; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr Coscia, Acting Director of DPW/Engineering; Mrs McCurdy, Executive Clerk, were present. Conduit - Acting Chairman Busa opened the hearing on the petition of N E.T & T Concord Ave. Co for the installation of conduit and one handhole on Concord Avenue, beginning at the intersection of Waltham Street and Concord Avenue Notices of the hearing were sent to the abutters, as listed on the petitioner's plan and also filed with the Public Works Department Mr Daniel Yauckoes, representing the Telephone Company, said that this request is to provide service to the Minute Man Condominium Corpora- tion and will provide access to the aerial pole on Concord Avenue Mr Bailey I don't understand the plan This condominium would be served from Concord Avenue? Mr Yauckoes At this location, it was a question of replacing con- duit to the first pole, 21/1, on Concord Avenue and increasing the size of cable directly to pole 21/4 and branching off to the new development. It was either replacing or tying into the cable on Concord Avenue and, due to the ultimate design, the underground was judged to be necessary Acting Chairman Busa read a recommendation from the Director of Public Works/Engineering recommending that permission be granted for the installation of the conduit and handhole, subject to the condition that in the event of damage to the bituminous concrete sidewalk on Concord Avenue, the entire length of said sidewalk shall be patched and resurfaced No one appearing in favor or in opposition, the hearing was de- clared closed Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone Company for the following installation of conduit, subject to the condition that in the event of damage to the bituminious concrete sidewalk on Concord Avenue, the entire length of said sidewalk shall be patched and resurfaced Concord Avenue On the northerly side, beginning at existing man- hole 54/48 at the intersection of Waltham Street and Concord Avenue, easterly, 420+ feet to proposed handhole 54/525, thence easterly 45+ feet to a dead end; also, from said handhole, 70+ feet to existing pole 21/4 on the southerly side of Concord Avenue; approximately 535+ feet of conduit and one (1) handhole J/0 Guy At 7 33, Acting Chairman Busa opened the hearing on the petition from Wires/ the N E.T &T Co and the Boston Edison Company for the installation of two Anchors anchors and guy wires on Allen Street Notices of the hearing were sent to the abutter, as shown on the peti- tioners' plan, and also filed with the Director of Public Works/Engineering ti Selectmen's Meeting April 20, 1976 Acting Chairman Busa read a report from the Director of Public Works/ Engineering recommending that permission be granted for the installation of two anchors and guy wires on pole 2/1 on Allen Street near Waltham St Mr Yauckoes, representing the Telephone Company, and Mr Chisholm, representing Boston Edison Company, were present Mr Yauckoes We have placed conduit to this first pole and one an- chor guy, running parallel to Allen Street, is required to make fast the pole. The second is required to eliminate the aerial pole guy running across the Crones' property, which they asked the Telephone Company and Boston Edison Company to remove Acting Chairman Busa We had this petition before us some time ago and we asked that an agreement be worked out Mr Bailey Is this arrangement completely satisfactory to the Crones? Mr Yauckoes Yes No one 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 and the Boston Edison Company for the following installation Allen Street On the westerly side approximately 95+ feet north of Waltham Street, two (2) anchors and guy wires At 7 36 p m. , Acting Chairman Busa opened the hearing on the petition 3/0 Pole/ from the N E T &T Co and Boston Edison Company for the installation of one Anchor Guy stub pole and anchor guy on Bedford Street Bedford St Notice of the hearing was filed with the Public Works Department Acting Chairman Busa read a recommendation from the Director of Public Works/Engineering that permission be granted for the joint installation of pole 6/98S and one anchor guy on Bedford Street, with the understanding that a permit be received from the State DPW The purpose of this work is to support an existing pole on Westview Street and a new line of poles on Hartwell Avenue, previously approved by the Board of Selectmen on March 1, 1976. Mr Yauckoes At this location, Boston Edison is going to place a temporary pole line along Hartwell Avenue, and they have permission from the Town until such time as they can complete underground work This stub is necessary and is being placed in location where we can properly rein- force the guy to the pole line on Westview Street There is an existing one to Drummer Boy condominiums and the pole is not in an ideal location now and provides a direct counterpull No one appearing in favor or in opposition, the hearing was declared closed At 7 39 p m. , Acting Chairman Busa opened the hearing on the petition Conduit- of the N E T &T Co for the installation of 476+ feet of conduit on Hart- Hartwell well Avenue to private property at 101-113 Hartwell Avenue Avenue - Notices of the hearing were sent to abutters, as listed on the peti- Chandler tioner's plan, and also filed with the Public Works Department Leasing Bldg W.1 Selectmen's Meeting April 20, 1976 A report was read from the Director of Public Works/Engineering recommending that permission be granted for the conduit installation, subject to the condition that permanent patch for driveways leading into Chandler Leasing shall consist of 2-1/2" binder in the trench brought to the existing grade and a 1" surface course placed over the entire area from the property line to the existing gutter line of Hartwell Avenue Mr DanielYauckoes, representing the Telephone Company, was present No one appearing in favor or in opposition, the hearing was de- clared closed Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone Company for the following installation, sub- ject to the above outlined condition Hartwell Avenue On the northerly side from manhole 54/122 at Hartwell Place, westerly 461+ feet to manhole 54/302A, thence northerly 15+ feet private property #101-113 Hartwell Avenue, approximately 476+ feet of conduit Conduit Acting Chairman Busa opened the hearing on the petition of the Hartwell N E T &T Co for the installation of 84+ feet of conduit on Hartwell Avenue Avenue from existing manhole 54/118 to private property Notices of the hearing were sent to abutters, as listed on the petitioner's plan, and also filed with the Public Works Department. A report was read from the Director of Public Works/Engineering recommending that permission be granted for the conduit installation to service a new office building at 14 Hartwell Avenue Mr Daniel Yauckoes, representing the Telephone Company, said that this location is requested to provide service to the new building which is under construction at this time No one 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 following installation Hartwell Avenue From existing manhole 54/118 located on the north side approximately 340+ feet west of Westview Street, southeasterly to private property Approximately 84+ feet of conduit Buckman Mr Roland B Greeley, President of the Lexington Historical Society, Tavern met with the Board to request permission to convert the present electric Heating heating system to an oil-fired hot water system in Buckman Tavern He System informed the Board that the present system was installed only three years ago and it has never been satisfactory Attempts to get substantive assistance from the Edison Co or the design engineers proved fruitless during the first heating season Since then, we have become discouraged in our hopes for improvement One main argument for the electric system was its inconspicuousness We now find that improvements in hot-water systems make it possible to 657 Selectmen's Meeting April 20, 1976 install such a system just as inconspicuous as the electric system is A second argument was the degree of zoned control; this has not worked well We are convinced the hot-water zoned system can work better than the elec- tric system has The third major argument was that, with adequate storm windows, the electric system would cost little more to operate than an oil- fired system. This has proven to be quite fallacious as the cost of heat- ing Buckman has roughly tripled over the cost of the replaced inefficient oil system, whereas cost of heating our other two historic houses, and some private oil-heated residences, has less than doubled since 1971-73 We see no likelihood that electricity will, in the foreseeable future, be nearly so inexpensive as oil in heating houses such as ours Carefully prepared engineering estimates indicate that the annual cost of heating Buckman, as we wish to do it, would be just about half of the present cost, and thus we could pay the cost of conversion in 4 or 5 typical years of operation We are prepared to pay for the conversion without cost to the Town, as part of our maintenance responsibility, if the Town will allow us to do so We will, of course, carry out the conversion to the satisfaction of the Town engineers We have a proposal from Arlex Oil Corporation for $6,916 50, and I think it is a bargain price as it includes removal of the present system and the complete installation of a forced hot water system, using six zones and 1,000 gallon fuel oil tank After discussion of statistics showing substantial reduction in costs of oil vs electrical system, the Board agreed to approve the conversion Upon motion duly made and seconded, it was voted to approve the recommendation of the Lexington Historical Society to award the contract to Arlex Oil Corporation, in the amount of $6,916 50, for conversion of the present electric heating system to an oil-fired hot water system in Buckman Tavern, subject to the understanding that the project is to be under the general supervision of the Engineering Department Mr O'Connell informed the Board that the celebration on April 19 April 19 was most successful and trouble-free, except for cases of heat exhaustion He proposed to write to the Town Celebrations Committee and Town depart- ments congratulating them for a job well done, and asked if the Board members wished to add their sentiments The Board unanimously agreed that Mr O'Connell is to add their appreciation and thanks to all involved in the celebration Mr O'Connell recommended that the Board grant approval of the Lions Lions Club Club carnival to be held on July 1 through July 5, 1976, subject to the July 4th detailed plans submitted by the Lions Club in 1975 One additional re- Carnival striction which went into effect last year but was not included in the conditions is the prohibition of sale, or used as prizes, of living ani- mals; also, the concession operator is to be asked to agree in writing that no person shall make any temporary connection or in any way make temporary alterations to a water system. Hose connections may be made at any available faucet and, if there are any problems, to contact the DPW water department 68 Selectmen's Meeting April 20, 1976 Upon motion duly made and seconded, it was voted to grant permission to the Lexington Lions Club to conduct a carnival, subject to the recom- mendations set forth by Mr O'Connell, on the following dates Thursday July 1 6 00 p.m. to 12 00 Midnight Friday July 2 6 00 p.m to 12 00 Midnight Saturday July 3 10 00 a m. to 12 00 Midnight Sunday July 4 2 00 p m to 10 00 p.m Monday July 5 10 00 a m. to 12 00 Midnight Health Mr O'Connell discussed employees' Blue Cross/Blue Shield insurance Insurance Now that Town Meeting has approved 75/25 sharing, we would like to pro- ceed with plans for rebidding and restudying the health and life insur- ance, plus additional insurance, from qualified carriers He recommended the establishment of an Insurance Procurement Advisory Committee, con- sisting of the following representatives Personnel Advisory Board, representing the Selectmen on fringe benefits; Appropriation Committee, representing the financial intersts, employees, staff, and two or three persons representing Town Meeting and citizens' interest. Several people with expertise in insurance matters have expressed interest Acting Chairman Busa I have no objection, and it would relieve some agents in Town that we are opening it up and giving them an oppor- tunity to bid. The Board agreed Mr O'Connell is to come back to the Board with further recommen- dations Mr O'Connell advised the Board that he will submit specific recom- mendations on the bids received on the ambulance rescue vehicle The Board agreed to discuss the matter at a future meeting Art 62 The Board discussed Article 62, an appropriation for the Conserva- Conservation tion Fund, with Mrs Frick, Chairman of the Conservation Commission, Fund Mrs Hagedorn and Mr .Levingston of the Appropriation Committee, and agreed to support the Article at Town Meeting for an appropriation of $15,000 CATV Mr O'Connell informed the Board of a meeting to be held on May Seminar 13-14 at Boston City Hall, dealing with revision of existing CATV fran- chises and new federal regulations The fee is $75,00 and, unless the Board feels otherwise, he did not recommend sending a representative of the Town Mr Bailey suggested that the information be sent to Mr Page, Chairman of the Town's cable television committee, for his possible interst The Board accepted Mr O'Connell's recommendation not to partici- pateP in the organization of International Union of Local Authorities, with annual dues in the amount of $100 00 45, 9eelectmen's Meeting April 20, 1976 Mr O'Connell recommended that the Board a rant request received Permit 9 for filming historical sites on May 5, 1976 Upon motion duly made and seconded, it was voted to grant permis- sion to the United States Information Agency, in cooperation with a 3- man Romanian team, to film historical sites in Lexington on May 5, 1976, subject to Town supervision throughout the filming Prior permission has been granted by the Historical Society Mr Richard Michelson met with the Board to discuss the flagpole Flagpole project Acting Chairman Busa We have made arrangements with the Engineer- ing Department that the Bicentennial Corporation would produce the money and we will give you a memo on the amount of money needed at the comple- tion of each stage of the project We have talked with Mr Cohen and Mr Coscia and this arrangment is agreeable Checks will be made out to the Town of Lexington Mr. Bailey This contract includes the installation of a steel flagpole on the Green in the location of the present flagpole? Mr Busa If possible; if not possible, I don't think they are going to remove the foundation Mr Howard Levingston, Appropriation Committee Do you know what the alloy is on that steel flagpole? Mr Chalpin, Town Engineer I don't believe it gets down to specifics Mr Coscia, DPW Manager This will be reviewed and Mr Michelson will update you Mr O'Connell We can get that information Mr Cohen If the contract is being signed tonight, the Board will sign it but it won't be delivered Mr Chalpin This is the only way the contractor will order the pole, and he is to supply insurance certificates covering any physical work on the Common Mr. O'Connell Perhaps it would be in the public interest if we ex- plained that the price of $25,866 would be incurred but it will be some- thing less than the $30,000 for the project Upon motion duly made and seconded, it was voted to sign the con- tract with B A Larson & Company, Bedford, Mass for the complete in- stallation of a steel flagpole, and all appurtenances, on the Battle ¢reen in the amount of $25,866, subject to recommendations and approval of Town Counsel Payment for the work is to be made at the completion of each stage of the project Acting Chairman Busa discussed the request of Mr Ralph Masciulli, Masciulli- 59 Valleyfield Street, to purchase Lot 26, Assessors' Map 24, located Valleyfield on Valleyfield Street St Lot Mr Busa Mr Masciulli requested the purchase of this lot back in 1971 and, at that time, we voted a moratorium on the sale of Town- owned lots as they could be used for scattered sites We have asked in- terested Town agencies for recommendations on the sale of Lot 26 and the Conservation Commission recommends that the Town not sell it as it is Selectmen's Meeting April 20, 1976' wet and low but, if the Board votes to sell it, it is recommended that this lot be included in an abutter's parcel and be restricted to any building on the lot The Planning Board voted that the lot could be sold to the petitioner, to be combined with his lot and no additional building to be constructed on the lot The Housing Authority and School Department have informed us that they have no interest in the lot I would recommend that if members of the Board agree to sell it, that it be advertised for bid, with the provision that it be sold to the petitioner and that it be added to and not separated from the lot at any time in the future Mrs Miley What is the size of the lot? Mr Busa 10,000 sq ft ; 50 ft across Mr Cohen What about the price as it is not an auction? Mr Bailey We reserve the right to reject the bid if the price is not right Mr Busa The only reason the Board is putting it out for bid is to inform both neighbors of our action Mr Bailey- It would be appropriate if Town Counsel reviews it first. Upon motion duly made and seconded, it was voted to advertise for bids on Lot 26, Assessors' Map 24, located on Valleyfield Street, with the condition of sale that the lot must be combined with an existing lot and that it shall not be built upon at any time either as a separate lot or in combination with an existing lot The Board of Selectmen re- serves the right to reject any or all bids The Board agreed that Lot 26 would not be advertised until Town Counsel reviews and approves the condition of sale Baseball Acting Chairman Busa read a request from Mr Ralph Lord for ap- Pitching proval of the installation of an electrical line at Parker Field for a Machine- pitching machine This would be done at no additional cost to the Town Parker and would be under the supervision of Mr Coscia, DPWManager, who would Field donate his time to the project Mr O'Connell I have reviewed this with Mr Coscia and would strongly recommend that the baseball team be commended for raising the money for this project Also, the School Department should be informed of the action of the Board. Upon motion duly made and seconded, it was voted to approve the recommendation of Mr Ralph V Lord for the installation of an electri- cal line from the main switchbox at Parker Field to the pitching mound for the pitching machine, at no cost to the Town and under the super- vision of Mr Coscia, DPW Manager Lions Acting Chairman Busa discussed a letter from Mr Daniel McCabe, Club Gift- Chairman of the Lions Club Civic Betterment Committee, regarding the Curb Cuts gift of $2,000 for curb cuts in Lexington Mr Busa I talked to Mr Coscia and Mr Chalpin and it was agreed that this should be referred back to DPW/Engineering, under the super- vision of Mr Chalpin, so that the Board would know what the agreement Selectmen's Meeting April 20, 1976 11 was between Mr McCabe and Mr McSweeney Mr O'Connell The Town is most appreciative of the gift but I PP would point out that the Selectmen, acting as the Board of Public Works, would have to approve the design of anything that is done in a public way, and not be tied to any limitations by a gift There should be an agreement to a review by DPW and the Board to see what the project cost would be DPW would have many thousands of dollars in labor and the Board of Public Works would have to approve Upon motion duly made and seconded, it was voted to refer the con- struction project of the Lions Club gift of $2,000 for curb cuts at various locations in Lexington to the Public Works and Engineering De- partments for recommendations Acting Chairman Busa read a request from the Board of Retirement Teacher for approval of the retirement of Mr Janusas, Teacher, effective Retirement July 1, 1976 Upon motion duly made and seconded, it was voted to approve the recommendation of the Board of Retirement for the retirement under G L.S 58B, c 32 of Mr John C Janusas, Teacher, as of July 1, 1976 Upon motion duly made and seconded, it was voted to approve the Common recommendation of the Director of Public Works/Engineering to sign the Carrier Common Carrier license to the Bedford Local Transit for mini-bus trans- Licenses portation of passengers over Bedford Street to Hartwell Avenue; Hart- well Avenue from Bedford Street to Wood Street; Maguire Road from the Bedford line to Hartwell Avenue Upon motion duly made and seconded, it was voted to sign the Common Carrier license for Birmingham Bus Service, Milford, to travel on Route 128 from Waltham City line to Burlington Town line-No Stops-for the transportation of N E T ST Co employees from Peabody to Framingham. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of Selectmen's meetings of March 31, 1976 and April 5, 1976 Acting Chairman Busa read a report from the Traffic Safety Com- Traffic- mittee regarding the request from Mrs Margaret Hartery, 12 Cary Avenue, Marrett Rd for a caution light at Marrett Road and Middle Street We had written Middle St to Mr Mistretta of the Mass DPW and his response stated that the area was properly signed but made no mention of any horizontal or vertical defects, and included nothing pro or con regarding the request for a caution light. There, we can only conclude that Mass DPW is in agree- ment with the Traffic Safety Committee that the roadway, when properly driven, presents no unusual hazards We recommend that Mrs Hartery's request be denied, and have requested that the Police Department con- tinue strict enforcement of the speed limit in this area Upon motion duly made and seconded, it was voted to approve the recommendation of the Traffic Safety Committee to deny Mrs Martery's request for a caution light at Marrett Road and Middle Street Selectmen's Meeting April 20, 1976 Municipal Acting Chairman Busa read a report from the Traffic Safety Committee Parking Lot in response to a request from the Chamber of Commerce for additional Meriam St lighting in the unpaved portion of the municipal parking lot on Meriam Street; plus reinstallation of the eleven parking meters adjacent to the railroad tracks Chamber of The recommendation is that the Engineering Division investigate Commerce the installation of additional lighting and to prepare the necessary documents for the Board' s approval Regarding the request for eleven meters, the Committee feels that no determination should be made until the new restaurants have had an opportunity to become established, and until the Committee has observed whether or not a problem has been created. Therefore, it is recommended that the Board await reports from the Engineering Division and the Traffic Safety Committee before taking any action of the requests Lex Golf Upon motion duly made and seconded, it was voted to grant the re- Club quest of the Lexington Golf Club for an extension of one hour to 1 00 a.m. on April 25, 1976 under the Club liquor license It is hereby recorded that Scott Levingston of the Lexington Boy Scouts, Troop 139, was present at a portion of the Selectmen's meeting to earn credits towards a merit Scout badge Executive Upon motion duly made and seconded, it was voted, 4-0 by roll call Session vote, to go into Executive Session to discuss the reputation of two persons and to discuss strategy with respect to collecting bargaining and litigation Upon motion duly made and seconded, it was voted to adjourn at 1010 p m A true record, Attest 11911i - "9Th c CX Executive Clerk, Selectmen 7 SELECTMEN'S MEETING April 26, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, May 26, 1976 at 7 00 p.m. Chairman Kassler, Mr Bailey, Mr Busa, Mrs Battin, Mrs Miley; Mr O'Connell, Town Manager; Mr Coscia, DPW Manager; Mr Chase, Town Engineer; Mrs McCurdy, Executive Clerk, were present At the request of the Town Clerk, the following jurors were drawn Jurors Pauline 0 Tavilla 8 Benjamin Road Raymond Cesario 68 School Street Constance Reiffen 26 Peacock Farm Road Albert E Zani 6 Manning Street Cecile A. Pivarunas 44 Reed Street Grance B Tramontozzi 30 Theresa Avenue Mr O'Connell discussed the Battle Green flagpole We have been Flagpole reviewing again the possibility of any federal funding by a grant through the State Bicentennial Commission, and it is my feeling that we ought to try it by making an application from the Town for $10,000 In the event of the grant being approved, we would subtract $10,000 from the costs of the Bicentennial Corporation and a larger balance would be returned to E & D Upon motion duly made and seconded, it was voted to authorize the Town Manager to apply for a federal grant of $10,000 for the Battle Green flagpole, and to sign the certification of approval of the Town to make the application Mr O'Connell No action was taken at the Historic Districts Com- mission o hearing on the certificate of appropriateness but they will dis- cuss the matter this Wednesday The Chairman assured me of the Commis- sion's intent to grant approval but not under the normal part of the law under which they operate but under an alternate provision called the Hard- ship Provision Historic Districts would rather have a wooden pole but, to avoid problems, this provision makes it possible to grant under Hard- ship - failure to approve would constitute a hardship to the Town Mr Cohen The real difficulty is that they couldn't come up with wood Mr Bailey Such as non-wooden siding Mr O'Connell On the matter of the plaque, they have come to an agreement on the wording but suggest that the Selectmen review the word- ing This would be done as soon as we can get a copy Then, we will be able to proceed with the implementation of the contract Chairman Kassler asked for a copy of the wording on the plaque and Mr O'Connell agreed to submit it as soon as possible Mr O'Connell informed the Board that Mr Richard Perry, Comptroller, Employees is recovering from an emergency operation for a torn retina Mr Benedict Bertini, Recreation Director, is in an intensive care unit because of a slight coronary; Mr Harold Asp has been name the Acting Director ,a `s. 4 Selectmen's Meeting April 26, 1976 Claim Mr Cohen requested 111 equ the Board to sign a release and settlement of a claim against the Town Upon motion duly made and seconded, it was voted to sign a release and settlement of a claim of General Renting Company against the Town in the amount of $573 00 NET&T Co Chairman Kassler read a recommendation from the Director of Public Conduit Works/Engineering that a grant of location be given to the New England Telephone Company for existing underground cable in Nickerson Road and Nickerson Rd Carmel Circle, formerly unaccepted streets Carmel Cir Upon motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone Company for the following public ways Nickerson Road, on the easterly side, beginning at the northeast corner of the interesection of Massachusetts Avenue, southerly 263+ feet to a pedestal terminal, thence 252+ feet to another terminal location, thence 250+ feet to another terminal on the southerly side of Nickerson Road, thence westerly 100+ feet to another terminal, thence 253+ feet to another terminal on the westerly side of Nickerson Road, then northerly 252+ feet to another terminal, thence 250+ feet to another terminal; approxi- mately 1620+ feet of buried cable and seven (7) pedestal terminals Carmel Circle, on the easterly side, beginning at the north- easterly corner of the interesetion of Nickerson Road southerly 460+ feet to a pedestal terminal, thence 50+ feet to another pedestal, approximately 510+ feet of buried cable and two (2) pedestal terminals Retirees- The Board agreed to hold, for further information, the request from Health the Board of Retirement to insert an Article in the 1977 Annual Town Insurance Meeting Warrant for acceptance of Section 9E of Chapter 32B-sharing 75/25 health insurance costs for retirees Special Upon motion duly made and seconded, it was voted to approve the Policeman recommendation of Police Chief Corr to appoint the following Lincoln Lincoln Laboratory security guards as Special Police Officers of Lexington, for Lab a term expiring March 31, 1977 or until the individual's position is terminated. NAME TITLE HOME ADDRESS Robert L. Day Guard Foreman 50 Shirley Street, Ayer, Ma GUARDS Randell L Knight 43 Burdett Road, Brockton Charles A. Kelley 57 Robinson St , Dorchester John S Szurley 4 Guile Ave , Tewksbury Lloyd J Saunders 25 Marion Rd , Bedford Edward J Montague 46 Lockland Ave , Framingham Robert D Cashmpn 12 George Rd , Maynard • .0' Selectmen's Meeting April 26, 1976 NAME GUARDS HOME ADDRESS Thomas T Regan 555 Boston Rd , Billerica Richard G Hurd 12 Loring Ave , Maynard Manuel J Souza 40 Chestnut Ave , Andover Clinton E Weikle 81 Oak St , Lexington Charles J Sault 26 Grove St , Arlington Ernest E Holway 169 Concord Rd , Bedford Roger S Drake 61 Conant St , Beverly Joseph T Dillon 4 Rockdale Ave , Lowell Robert Newton 7 Bonnievale Dr , Bedford Robert J Neal 11 Spencer St , Lexington Harrison Sowders 883 Barrett's Mill Rd , Concord William E Barrett 98 Pleasant St , Watertown John D Kelley 4 Mark St , Ayer Kenneth Titilah 85 Western Ave , Gloucester Allen C McKenney 10 Dyson Dr , Salem, N H Lawrence P O'Brien 97 Alpine St , Somerville The Board agreed to inform the Ceramic Guild that it had no ob- Ceramic jection to a pottery sale being conducted on the front lawn of the Guild Lexington Arts and Crafts Society on May 7 from 12 00 noon to 5 00 pm. and May 8 from 1000am. to 5 OOpm Upon motion duly made and seconded, it was voted to approve the Constable's bond for Constable John J Shine, Jr in the amount of $3,000 Bond Chairman Kessler read a report from the Director of Public Works/ McGavern- Engineering recommending that the request from Mr and Mrs David 0 Curbing on McGavern, 2209 Massachusetts Avenue, for curbing on Massachusetts Mass Ave Avenue between Cedar and Lake Streets be considered in the Capital Expenditures budget for FY 78 under Sidewalk Construction Also, the Traffic Safety Committee will consider the existing traffic and park- ing conditions in the area at a future meeting Upon motion duly made and seconded, it was voted to approve the recommendations of the Director of Public Works/Engineering regarding consideration for the Capital Expenditures budget for curbing on Mass- achusetts Avenue between Cedar and Lake Streets The Board discussed a report from the Director of Public Works/ Webster- Engineering in response to a letter from Mr Edward W Webster of 87 Lex Gardens Hancock Street regarding flooding conditions on his property The re- Flooding port stated that repairs to a crushed drain pipe had been made by Lexington Gardens and the problem had been resolved Mr Bailey I am glad that it is fixed It is too bad that the Town had to become involved as it was a private matter involving Lex- ington Gardens It was agreed to inform Mr Webster that the situation has been resolved, and to enclose a copy of Mr McSweeney's report Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s meeting of April 7, 1976 .f Selectmen's Meeting April 26, 1976 Lexington Chairman Kassler read a request from the Lexington Theatre Co to Theatre Co pass out leaflets on Massachusetts Avenue in the area between the Minute Leaflets Man Statue and Colonial Pharmacy, and for a three piece band, on Satur- day, May 8, 1 00 to 3 00 p m to advertise the theatre plays Mr O'Connell suggested that four designated locations on the side- walk. Mass Avenue/Waltham Street-either side of Mass Ave ; area at the Library on Clarke Street; in front of Depot Square-either side of the street. Mr Bailey I think it appropriate to suggest that they use sand- wich boards to get the message across as I don't think leaflets will find their way to home trash barrels and will end up in the Center Chairman Kassler We will express to them that this is a concern of ours and will use this as a test to see if the area is cleaned up afterwards Mr Buse streesed that they be restricted to the locations sug- gested by Mr O'Connell Upon motion duly made and seconded, it was voted to grant permis- sion to the Lexington Theatre Company to pass out leaflets at the fol- lowing sidewalk locations Mass Avenue/Waltham Street-either side of Mass Ave ; area at the Library on Clarke Street; in front of Depot Square-either side of Mass Ave , with the understanding that the three piece band could play at any one of these points Special Chairman Kassler read a request from the Lexington Montessori School Liquor for a special liquor license on Saturday, May 8, to sell beer License Upon motion duly made and seconded, it was voted to sign the special liquor license, in the amount of $25,00, to the Lexington Montessori School to sell beer on the school grounds from 10 00 a m. to 4 00 p m. to accompany the clams which would be served for lunch Mr O'Connell said that the Lexington Education Association will, hopefully, be voting this week to ratify their contract and, therefore, he suggested that the Board recommend to Town Meeting tonight that the next session be held on Monday, May 3 The Board agreed Executive Upon motion duly made and seconded, it was voted, 5-0 by roll call Session vote, to go into Executive Session to discuss strategy with respect to collective bargaining, the reputation and character of an individual, and to consider the purchase of real property which is in the negotiating stage Upon motion duly made and seconded, it was voted to adjourn at 7 55 p m. A true record, Attest \f,' Executive Clerk, Selectmen 4 77 � SELECTMEN'S MEETING May 3, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, May 3, 1976, at 7 00 p m. Chairman Kassler, Messrs Bailey and Busa, and Mrs Miley; Mr Cohen, Town Counsel; Mr Coscia, DPW Manager; Mrs McCurdy, Executive Clerk; Mr O'Connell, Town Manager, were present Mr O'Connell submitted a list of recommendations to the Board re- Town Mgr garding appointments to the Conservation Commission Mr Francis Fields Appts to replace Manfred Friedman for a term of three years; Board of Assessors To publicly announce his appointment of John J McWeeney to the Board of Assessor Assessors for a term of three years to 1979; Council on Aging- Rev Shirley B Goodwin to be appointed for a term of three years to 1979; Also, to request the Board to rescind the vote of March 24, 1976 to in- crease the membership on the Council on Aging from 7 to 9 members as it has been brought to his attention that this would take Town Meeting action Upon motion duly made and seconded, it was voted to approve the Conservation recommendation for the Town Manager to appoint Mr Francis Fields a mem- ber of the Conservation Commission for a term of three years to 1979 Upon motion duly made and seconded, it was voted to rescind the vote of March 24, 1976 increasing the membership of the Council on Aging from 7 to 9 members Upon motion duly made and seconded, it was voted to approve the rec- Council on ommendation for the Town Manager to appoint Rev Shirley B Goodwin a Aging member of the Council on Aging for a term of three years to 1979 The Board agreed to a later discussion of nominees for appointment Recreation to the Recreation Committee Committee Mr O'Connell informed the Board that one bid had been received Fire Dept from Rowe Chevrolet for replacement of a car for the fire department Car at $3,790 with a trade-in A comparison was made with the bid for the police cruiser, and it is competitive It is recommended that the Board approve that the bid be awarded to Rowe Chevrolet Mrs Miley In the past, has there been normally more than one bid on a car? If we have more than one car, do we have more than one bid? Mr O'Connell If bidding on a single car, it is hard to get more than one bid Generally, if we have more than one car, we have more than one bid Upon motion duly made and seconded, it was voted to approve the recommendation for the Town Manager to award the bid to Rowe Chevrolet, Lexington, for a fire department car, in the amount of $3,790 with a trade-in Mr O'Connell discussed garage and yard sales and agreed to submit Garage a recommendation to the Board on a policy to be established Sales 78 Selectmen's Meeting May 3, 1976 Tree- Mr O'Connell informed the Board that a ceremony had been held on Buckman the Buckman Tavern Grounds on Arbor Day, April 30, to plant a Grandi- Tavern folia American Beech tree, which was given to the Town by the firm of Frost & Higgins Mrs Miley I was there and, on behalf of the Board of Selectmen, I accepted the tree for the Town and thanked the representative of Frost & Higgins Upon motion dulymade and seconded, it was voted to accept the poP gift of a beech tree to the Town from Frost & Higgins, Burlington, which was planted on the Buckman Tavern grounds on Arbor Day Ambulance Mr O'Connell discussed the Ambulance/Rescue vehicle bid from J R. Tucker, Somerville, at a total price not to exceed $24,000 They are the low bidder, offering a good quality product I would hope to get final delivery around $23,000 The total approved appropriation is $25,000, and, out of this appropriation, we are trying to get the Town's share of $2,000 for radio equipment The Board agreed and hoped that Mr O'Connell would be successful in his efforts to purchase the ambulance at $23,000, which would mean a $2,000 balance towards the radio equipment Transfer Mr O'Connell recommended that the Board approve a request for a Account transfer of $5,000 to Account #5450 He explained that the original #5450 request was for $20,000 but, as agreed with the Appropriation Committee, periodic requests would be made for $5,000 If this is approved, it is predicted that we will end up in the hole about $1,700 because of the increased cost of parts and materials associated with vehicle supplies 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 $5.000 Village Chairman Kessler read a report from Mr McSweeney, DPW Director, Circle concerning a complaint from Mr Joel A. Adler, 22 Village Circle, re- Island garding the condition of the island at Village Circle The report states that this area has been scarified and reshaped, using approximately 1,200 cubic yards of fill to raise the grade and improve the drainage, and landscaped with approximately twelve trees and low covering bushes Also, 1,200 cubic yards of loam were added to fine-grade the area At the present time, there are plans to rototill the area, plant a number of low shrubs and woodchips to refurbish the entire area When this work is completed, a check will be made of the circle to determine whether or not the problem has been solved satisfactorily It was agreed to write to Mr Adler and enclose a copy of Mr McSweeney's report Traffic Chairman Bailey read a report from the Traffic Safety Committee Signs - recommending the installation of two "Caution Children" signs on Allen Allen St Street, as requested by a resident of the area. Upon motion duly made and seconded, it was voted to approve the 79 Selectmen's Selectmen's Meeting May 3, 1976 recommendation of the Traffic Safety Committee for two "Caution Children" signs on Allen Street, and to instruct the Director of Public Works/Engi- I neering to make the necessary arrangements for the installation of these signs. Chairman Kessler informed the Board that a meeting of the Governor's Hanscom Hanscom Task Force will be held in a meeting room of the Town Office Task Force Building on May 4 to discuss a Plain Language Draft of the Mass Air- Meeting port Noise Bill Upon motion duly made and seconded it was voted to approve the Minutes minutes of the Selectmen's Meeting held on April 12, 1976 Chairman Kessler read an application from the Lexington Minutemen, Lex Min Inc for a special liquor license Men - 1-day Upon motion duly made and seconded, it was voted to sign the spe- Liquor cial liquor license for May 8, 1976, from 8 00 p m. to 12 00 Midnight, License for the 203rd Anniversary Ball of the Lexington Minutemen, Inc at the Lexington Armory Chairman Kessler informed the audience that he would like to read Selectmen' s a public statement of the Board of Selectmen about a problem existing Statement in the Town We are going to need the help and goodwill of everyone in on Public Lexington to attempt to solve this most vexing problem. Gatherings "The Board of Selectmen is very concerned about large groups of people gathering in various places around Lexington where small por- tions of these groups are creating intolerable disturbances for those living in these areas The Board recognizes the need for people of all ages to socialize and does not presume to dictate the manner in which people should meet with friends We also recognize, however, the rights of all Lexing- tonians to be able to enjoy their homes and grounds, as well as our parks and playgrounds, in reasonable peace, tranquility, and safety The Board acknowledges that success in dealing with this situation re- quires a belief on the part of everyone that fairness and reasonable- ness willP revail We do not feel that the freedom to gather and meet with friends includes the right to be disorderly and disturb others The Board thus wants to emphasize to the entire community that continued anti-social behavior of this sort must and will be handled firmly and fairly by the Town People must know that there will be consequences to this kind of behavior The Board of Selectmen is unanimous in its strong support of our Police Department in this matter, and knows that responsible citizens of all ages will join with us in this support " Chairman Kassler Chief Corr has issued a companion statement, Police as follows Statement 80 Selectmen's Meeting May 3, 1976 "During the past several weeks it has come to my attention that some Lexington citizens may feel that the Police Department does not have the support of the Board of Selectmen As Chief of Police, I would be concerned if this feeling were to become prevalent in the community and, as a result, I find it necessary to publicly state that this is not the case I, therefore, want it known that I believe that the Lexington Police Department has and always will have the support of the Board of Selectmen to perform the very necessary acts that it does each day to maintain the safety and security of the community " Mrs Miley I would comment that, as we have discussed in the past and from what I have heard from the people in the Town who have spoken to me, the Police have used a couple of men in plain clothes who have good rapport with the young people I think this a step in the right direction. Executive Upon motion duly made and seconded, it was voted, by a 5-0 roll Session call vote, to go into Executive Session to discuss the character and reputation of a person and, also, the value of real property After discussion, 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 Executive Clerk, Selectmen SELECTMEN'S MEETING May 10, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, May 10, 1976, at 7 30 p m. Chairman Kassler, Mr Busa, Mrs Battin and Mrs Miley; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Mrs McCurdy, Execu- tive Clerk, were present Chairman Kessler declared the hearing open upon petition of the Bos Edison Boston Edison Company for the installation of approximately 128 ft of Conduit - conduit on Massachusetts Avenue to service East Village Square East Vig Notices of the hearing were sent to abutters, as listed on the Square plan of the petitioner, and also filed with the Public Works Department Mr Louis Pratt represented the Boston Edison Company and requested approval of the Board for this underground conduit No one appearing in favor or in opposition, the hearing was de- clared closed Upon motion duly made and seconded, it was voted to grant per- mission to the Boston Edison Company for the installation of conduit at the following location Massachusetts Avenue, opposite Locust Avenue, westerly, a dis- tance of about 10+ feet of conduit Massachusetts Avenue, approximately 175 feet west of Locust Avenue, a distance of about 62 feet of conduit Chairman Kassler read a petition from the Boston Edison Company J/0 Pole and the New England Telephone Company for approval of the abandonment Marrett St of a pole on Marrett Street at Access Road Access Rd Upon motion duly made and seconded, it was voted to approve the petition of the Boston Edison Company and the New England Telephone Com- pany for abandonment of a joint pole at the following location Marrett Street On the northerly side, approximately 45+ feet (formerly Nelson Rd ) west of Access Road, one (1) pole Chairman Kassler read a request from the Lexington Housing Authority Tax Title to extend the moratorium on the sale of town owned lots; present mora- Moratorium torium expires on May 31, 1976 Upon motion duly made and seconded, it was voted to extend the moratorium until May 31, 1977 on the sale of town owned lots which are included on the list of the Lexington Housing Authority and the Planning Board as being suitable for scattered sites and moderate income housing Other lots are eligible to be sold on an individual merit basis and, when requests to purchase lots are received, town agencies will be con- tacted for recommendations before a decision is made by the Board of Selectmen 8 Selectmen' s Meeting May 10, 1976 Walk-a-thon Chairman Kassler read a request - eques for a walk a-thon on Sunday, May 16, from the Arlington line to Woburn Street to the Woburn line Upon motion duly made and seconded, it was voted to grant per- mission to Mr Waehler, Area Coordinator of Lutheran Churches, for a walk-a-thon on Sunday, May 16, 1976, subject to approval of the route by Police Chief Corr VFW Poppy Chairman Kassler read a request from the VFW Post #3007 to con- Drive duct the annual Poppy Drive in Lexington Upon motion duly made and seconded, it was voted to grant per- mission to the VFW Post #3007 to conduct the annual Poppy Drive in Lexington on May 20, 21 and 22, 1976, subject to the regulations set forth by the Town Manager Guides Chairman Kassler read a letter from Mr Adam Rubin, 28 Middleby Road, requesting that the word "complexion" be deleted from the applica- tion for a Lexington Official Guide and, also, that the questions on the study sheet be eliminated Rev Handley, Director of Guides, was present and agreed that "complexion" could be deleted from the application but he was opposed to eliminating the questions on the study sheet He explained that this part of the examination had been revised last year and a map had been added for clarification He disagreed with Mr Rubin and stated that the questions were not vague but were specifically related to the history of Lexington The Board agreed with Rev Handley and a letter is to be written to Mr Rubin informing him of the deletion of "complexion" on the appli- cation but the study sheet for the Lexington Guide Test is to continue to be used as the basis for the oral examination Class 3 Abutters of John Carroll, Inc , 31 Allen Street, met with the Board John Carroll Mr John Carroll and Mr Donald Irwin, Building Commissioner, were also present Chairman Kassler In response to numerous letters received, we agreed to this meeting but I want to make something clear, and that is there will be a Board of Appeals' hearing and it is not the desire of the Board of Selectmen to hold a pre-hearing or to do anything else tonight except to hear your points of view and, if we so desire, to make recommendations to the Board of Appeals at their hearing This is based on the assumption that we listen to Mr Carroll and neighbors and, as a Board, make the recommendations Mr Buse Before we go into it, I would like to make note of the fact that we do have letters from people in the area and, unless they want to go on record, I don't think there is a need to read them. Chairman Kassler I agree All letters have been circulated to Board members - from Mr MacEneaney, Mr Buckley, Mr Hoffenberg, and Mr Alligood Mr MacEneaney I would like to talk about the seeming inability b3 Selectmen's Meeting May 10, 1976 now to be able toet the laws s and permits enforced. I wrote more than one letter on violations They are, to me, the most glaring violations as condition #3 says that no resale business should be conducted at any time Mr Carroll's business was advertised in the yellow pages in 1974-75 and readvertised in 1975-76 and also in the Boston yellow pages stating it is used as a radiator service Youngsters come into Lexington knowing that He did not deny resale but wholesale I do not understand why Carroll should be able to open up tomorrow morning One of the other conditions was, no trucks or scrap metal Look at the picture: I told the Inspector and he told Carroll they should be removed within 48 hours; this was not done The way I read the law, it is illegal to have a junk yard. Mr Carroll does not have permission to operate a junk yard. How can I get this law enforced? As I said, nearly every one of the condi- tions under which the permit was granted has been violated, including the fact that it is supposed to be operated from Monday to Friday, and people here have observed him operating on Saturday Chairman Kassler We will try to respond to as many points as pos- sible We don't want it to get to be a debate If it is not resolved by the Board of Appeals, we will take it up afterwards As to your ques- tion on where to go to get the rules and regulations, you are in the right place The Board of Appeals has issued conditions that are in some variance as to what you think are prohibited The matter of resale III is one you are not wrong on as it has been prohibited. The Board looked into it and if this is proven not to be the case, then it is our respon- sibility to do as you suggested Does Mr Irwin want to comment on the retail business, other than what has been mentioned in the letter? Mr Irwin No Mr Busa My only comment is, if the Building Inspector, in his inspection, feels there are violations, he is in charge and is to bring the allegations to us If the Building Inspector does not have the au- thority, the Board should find out who can enforce the wrongs Chairman Kassler to Mr Carroll Do you want to comment? Mr Edward Ginsburg, Attorney for Mr Carroll We were told that this is not a hearing; the hearing is on Wednesday night As I heard Mr MacEneaney's complaint about what is happening, I say that, as of right now, I have a petition signed by over 380 neighbors and 80% of the people on the list that the Town notified of the hearing have signed the petition That is all I will say Mrs Shirley Parsons We abut 600 ft more than anyone else in the room. He had a piggery and sold it Then John went into the junk yard business to pay the taxes on the farm. Three years ago, we went to the Board of Appeals to support John to keep the land open Anyone who buys a house should investigate One man said that the realtor said that the junk yard would be out of there soon It is not as noisy as the traffic on Route 2 Mr James Buckley This is a town where children are concerned. What about the elementary children going to the Franklin School? Have Ill you ever seen a child with a charred body? There are no gates to pre- vent children walking in there There is a crane there These are attractions for children I have no personal argument with Carroll; 84 Selectmen's Meeting May 10, 1976 he is a fine, upstanding member of the community but of the operation that goes on in there Who is responsible if a child is injured? Mrs Hoffenberg I am an abutter and one thing upsets me as I can't figure out the service Mr Carroll is providing for the Town All we have is cars full of teenages and children charging into Carroll's junk yard It seems there is an invasion of privacy Be- cause of this great service, those of us not in agreement are deprived of the joy of our property Mr Busa I don't think any remarks are in the same vein as we want at this meeting The Selectmen have only the authority to en- force according to the laws set down by the Board of Appeals Chairman Kassler I disagree As a member of the Board of Select- men, if there is a neighborhood concensus, I would certainly like to have it pro or con before I recommend. As long as people understand this is a meeting where nothing will be determined but where we will get an idea of the feeling of neighbors, and then discuss it among ourselves I feel this is important, for if permission is granted and conditions set forth, we will have to enforce those conditions I really don't feel that anybody that came here tonight should not get it off his chest, as long as it is within reason Mr Busa Then the record should show this is a public hearing Chairman Kassler It is not a public hearing Mr Busa You said before that it is not a public hearing and we are the enforcing authority, and it rests with the Board of Appeals Everybody should be notified to express their feeling positively or negatively in opposition to John Carroll It seems we are getting a negative reaction from everyone except Mrs Parsons Chairman Kassler I will accept your comments Mrs. Battin We are not discussing conditions but how properly we are enforcing The remarks are addressed to that, and whether we agree to enforcement Mr Alligood. Going back to the Board of Selectmen and the legality, I knew conditions around there and I have no objection to Mr Carroll The responsibility of the Selectmen is to determine the legality of the operation, and I don't think this Board has taken any action as to whether it is or is not legal I can't determine exactly < whether this is a retail business Most of the residents are paying $2,000 or more in taxes and I believe that taxes are based on land use If it is a retail business area of any type, am I or any of the others to look forward to abatement due to rezoning? I believe this has to do with the Selectmen What is my legal point as far as paying $2,000 on a single family house, am I to look forward to tax abatement or an increase? Chairman Kassler The Board did respond to just that portion of the subject matter contained in the various letters On whether or not this is legal -- there is no question of whether Mr Carroll has the right to conduct a retail business and if we find that this is the case, we have the responsibility of taking steps If we find that this has changed at any time in the future, we will act accordingly We have to Selectmen's Meeting May 10, 1976 wait for the Board of Appeals and the conditions put down As far as conducting a retail business, I don't think there are any questions by the Board or the Inspection Department that he has no right to conduct such a business Abutter- People have to have it clarified as to what does deter- mine a retail business Chairman Kassler We will pursue the matter Mrs MacEneaney- You are saying there is no retail business going on? Chairman Kassler- As far as the Board and the Building Inspector knows In answer to your questions as to what has happened, I can't tell you. Since the Board has been apprised by letters, we have looked into it and what we have gotten in response is that, presently, there is no retail business If in fact this has been going on and our inspec- tion department has been there at the wrong time Mrs MacEneaney I was told by Mr Kelley that as long as he did not see a retail sale, there is none I don't think it is up to the abutters to bring proof I don't think the Board has taken proper steps Other than Mr Kelley not saying anything, what can you do? Chairman Kassler In response, we will actively pursue the matter As far as telling you exactly now, I can't do that as we have to sit down with the Inspector If the neighbors say it, and we believe it to be fact, I promise you now that we will go forward with haste We are not trying to hold a hearing or embarrass Mr Carroll To be responsive is what this Board desires; to get the feel and allow people who wrote to us to come in to know that we recognize their concerns and answer them. Mr Cohen. There does appear to be a complete misconception as to how the business got there No matter how you feel about it, at least four members of the Board of Appeals voted and granted a special permit: At that time, there was legal recourse In fact, five different cases arose and went as far as the Board of Appeals and each one found in favor of the Board of Appeals or the Selectmen - so they are there validly and legally A hearing is coming up, and that is a new ballgame The ques- tion here is whether there are any violations and the Building Commis- sioner makes a report to the Selectmen and you determine what you are going to do - and if you find him in violation, will you immediately close him down? It is an important thing to remember that this is a valid permit and it has been upheld in five different cases Chairman Kassler Thank you for coming We will take into con- i sideration all your suggestions and your concerns, and the Board will discuss and, if appropriate, will make recommendations to the Board of Appeals All involved residents retired from the meeting Chairman Kassler I have had a request transmitted to me by Mr Town Busa from a group of people who have a petition they wish to submit Manager Mrs Mary Shunney I have a statement from several people "This is to notify the Board of Selectmen of the status of the peti- tions which were circulated as a result of the non-renewal of Town Manager Selectmen's Meeting May 10, 1976 Walter C O'Connell's contracts As you know, there was a large ground swell of citizen opposition to the sudden action of the newly-structured Board of Selectmen in not reappointing Mr O'Connell These petitions, both their inception and the number of signatures gathered, express a grave concern on the part of Lexington residents People signed these petitions for a variety of reasons To express their gratitude to Mr O'Connell for a job well done; to show apprehension that someone who has done an excellent job in the fiscal management of the town could be terminated without notice; that philosophical differences seemed to be considered more important than one's competency in performing one's job; that Lexington, which is already a polarized community, might be- come even more so Several thousand signatures have been entered on the petitions which have circulated throughout Lexington The original intent of these petitions was to request an open public hearing, asking the Board of Selectmen to explain their action However, now that time (the great healer) has passed and emotions have waned, we can agree that such a public hearing would serve no useful purpose, especially if the Town Manager would prefer not to have one It is not, and never has been, the intention of those involved with these petitions to embarrass any- one or cause any further polarization of the townspeople However, we do feel the Board of Selectmen have an obligation to be responsive to the concern demonstrated by these petitions and take all actions possible to Assure the citizens of Lexington that they (the Selectmen) will be aware of the needs and concerns of all citizens; indicate that they real- ize the importance of having a Town Manager whose proven strong fiscal management can guide us through the difficult years ahead; take care to avoid actions in the future that will cause the alarm and concern that their actions of March 15th precipitated The majority of the citizens of Lexington may normally remain silent, but they care about their town and expect the elected officials, in turn, to care about them The immediate future holds many problems for all of us We would like to have the opportunity to contribute to the solutions and, most of all, we want to be assured that the present Board of Selectmen intends to consider objectively ALL points of view before making these very important decisions We look forward to suggestions from the Board of Selectmen on how we can all work together and begin immediately to 'mend the fences' " Mrs Shunney- It is my understanding that the Board of Selectmen chose not to have a hearing, and the Chairman will meet with small groups of people If that is your wish, we would be glad to do it Chairman Kassler to Mr O'Connell Do you wish to respond? Mr O'Connell No, I become no part of it I became aware of it today Chairman Kassler- I had intended to respond to this petition and even have a statement typed and prepared to give to the press regarding my true feelings about the petition and the manner in which it was brought about and the intentions behind it Instead, I will follow the lead of 87 Selectmen's Meeting May 10, 1976 the executive editor of the Minute-man and say the Board has expressed itself, along with Mr O'Connell, emphatically and often, and I, too, am willing to drop the issue here and go on to the really important matters that face the Town of Lexington I am quite sorry that through the entire period this has been going on, in spite of repeated requests on my part, transmitted to Mrs Swanson and Mr Busa, you have refused to allow me to meet with the group face to face and answer questions and perhaps give another side to the story before you went on The offer stood for six weeks, and that has not been done If a group wants to sit with me, I will meet with them. I am willing to take time to answer sin- cere questions by people motivated by the goodwill of the Town Any time you want to set up a meeting, as I have said repeatedly over six weeks, I am ready and my offer still stands I am willing to drop it at this point or meet with you Unless a member of this Board or Mr O'Connell wishes to add something, I will consider it a closed matter Mrs Shunney: I am involved and one thing I would like to clear up is that these people are all sincere I was overwhelmed at the number of people who really were alarmed - knowledgeable people who wanted to do something I am concerned about the way you say "sincere " They are sincere and they were upset and wanted to do something, and they did it in good faith. That is what the system is all about People in public office know that people agree or not It was never the intention to cause harm or trouble; it is disturbing to a lot of people Chairman Kessler to Mrs Scigliano Report the answer to Mrs Shunney on this particular point as, I have never questioned the sin- creity or motives of most of the people who circulated the petition or most of the people who signed the petition but I have, and still do, question the sincerity of anybody who continues to make statements and allegations, and refuse to meet with those people - and it is based on just that point, alone, that I say, "most" and "many" but not "all " I recognize the fact that most of the people involved with the petition were sincere I don't understand why leaders of the groups refused to discuss it I don't wish to debate Mr Busa I would clarify something - I did convey the message after I found out who headed up the group In the interim, with Town Meeting and other meetings that came up, they felt it was the first opportune time, and I conveyed the feelings of the Board that nothing would be gained by a public hearing and they feel now that nothing could be accomplished but wanted to bring forth a statement, composed by a group of people, but they were willing to meet at the first opportune time, as we were all busy Dr Kassler As to all being busy, I was informed of several meetings that had been held, and I had said that I would go - speci- fically, I had transmitted the offer to Mrs Swanson and Mr Busa that I was available I expressed the concern that all the facts were not before them and I said that I would like the opportunity to meet with those leaders I made the request many times and emphasized my willing- , ness many times Selectmen's Meeting May 10, 1976 Mr Donald Briggs I was one of the people involved and a meeting was held at my house I was not at the meeting held on April 20 as my mother passed away Since then, I was told a meeting would be on Thursday night. Chairman Kassler Obviously, there have been mis-communications along the line I am sorry about your tragedy If this was the only incident, I would apologize but this is not my understanding of it The only reason I am responding is that Mrs Shunney wanted clarifica- tion I clarified it and I am available I don't want anybody walking out of here saying that I used a heavy gavel and shut you up People can express legitimate concerns I just question the wisdom of debating at this time Gentlemen Are you available for meetings? Chairman Kassler Yes Mr Paul Plasse On record, I was involved with all people, all very sincere people who have the Town's interest at heart At the heart of this issue is the lack of communication The Board might feel you had communicated and this petition is in response to that communication We did agree to meet with you - but it was said that because of the busi- ness of the season we couldn't meet Chairman Kassler No member of the Board feels that we communi- cated adequately or we would not have the problem. We didn't because of time, constraints or problems - poor public relations at that time were obviously our fault and we acknowledge it Now, we are most anxious to correct it, and if we had been given the chance earlier, we would have corrected it Now, I am still available We don't feel we had communi- cated adequately I will accept your statement as to how you feel Gentlemen We are acting in a very honorable fashion and I believe this is a mis-communication, which happened along the line Chairman Kassler That is a very positive note - a joint feeling of faith in each other - and we will do our best to improve communica- tions from here on in Is that satisfactory? Mr Busa If there was a lack of communication, I would like to take the responsibility for it I was asked by these people if you would meet with them on Thursday Chairman Kassler I feel that it is closed on a positive note Permit - Chairman Kassler read a request from the Lexington Field and Garden Buckman Club for the use of the Buckman Tavern grounds Grounds Upon motion duly made and seconded, it was voted to grant permission to the Lexington Field and Garden Club to conduct the annual plant sale on the Buckman Tavern grounds on June 2 at 10 00 a m. Auctioneer Chairman Kassler read two applications for renewal of Auctioneer Licenses licenses Upon motion duly made and seconded, it was voted to sign the Auction- eer licenses for Joseph C. and Joseph T Tropeano, expiring May 31, 1977 I 89 Selectmen's Meeting May 10, 1976 Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's meeting held on April 20, 1976 The Board discussed the summer schedule of meetings Summer It was agreed to meet on the following dates during the summer Schedule June 1, 7, 21; July 6, 19; August 2, 16, 30 Chairman Kessler read requests to use the Battle Green Permits - Upon motion duly made and seconded, it was voted to grant permis- Battle sion to Lexington Cub Scout Pack 120 to use the Battle Green on Thurs- Green day, May 20, from 7 00 P M. to 7 30 P M. Upon motion duly made and seconded, it was voted to grant per- mission to the Muzzey family to use the Battle Green on Tuesday after- noon, June 15, for a memorial service and placing of a wreath at the Minuteman statue Upon motion duly made and seconded, it was voted to grant per- Permit mission to the Pilgrim Circle of the Pilgrim Congregational Church to hold a bake sale on the Buckman Tavern grounds on Saturday, June 12, with a rain date of June 19, 1976 Mrs Miley asked Mr O'Connell about the loud blowing of the fire Cary Hall horn, located in Cary Hall Fire Horn Mr O'Connell In keeping with the Board's concern, we have taken action and I have instructed the Fire Chief to limit testing the horn to one day a week and to institute an inspection by the firemen every night to confirm that the system is pressurized Hopefully, we have it down to a minimum. Mr O'Connell recommended that Contract 75-9-E, Sewer and Drain Contract Construction, be awarded to the lowest bidder, United Construction 75-9-E Company, Somerville, in the amount of $255,871 87, for work on Waltham Sewer & Street, Concord Avenue, and Walnut Street The next lowest bidders Drains were, Johnson Bros Construction Co , Inc , No Oxford-$259,335 00 and Civitarese Bros , Inc , Hyde Park-$289,664 61 Authority is con- tained in Article 20, 1975 Sewer Laterals, Article 21, 1975 Trunk Sewer, and Article 17, 1974 Drain Construction Upon motion duly made and seconded, it was voted to award Contract 75-9-E, Sewer and Drain Construction, to United Construction Company, in the amount of $255,871 87 Mr O'Connell discussed a policy on garage and yard sales and the Yard Board agreed that he is to pursue the matter with the Planning Board Sales and the Board of Appeals for recommendations on setting up guidelines for these sales II/ Mr O'Connell discussed the request from the Tax Collector for Abatement- abatement of 1971, 1972 and 1973 ambulance bills A tremendous amount Ambulance of time and effort is involved in trying to collect these bills and Bills 90 Selectmen's Meeting May 10, 1976 11/ therein very little response It is not recommended that the complete list be published The Board might want to consider exemption of all the elderly and we could ask the Council on Aging for comments Mr Busa. This will be the last abatement I will vote on these ambulance bills as there are quite a few people who are able to pay, and I don't mean the elderly or the unemployed There are people on this list that I know are able to pay Most of those bills are for $15,00 and a private ambulance charges at least $35 00 I would ask the Town Manager to look into the legality of forcing them to pay There are people who cannot afford it and they pay the bill The Board agreed that Mr O'Connell is to look into alternative plans for the future regarding unpaid ambulance bills Upon motion duly made and seconded, it was voted to abate the list of unpaid ambulance bills for 1971, 1972 and 1973 in the amount of $737 00 The Board agreed with Mr Busa's recommendation that consideration be given to a possible warrant article on an enforcement regulation or to eliminate the fee for the use of the town ambulance Battle Gr The Board discussed the gift of the Bicentennial Corp of a flag- Flagpole pole on the Battle Green and approved the wording of the legend on the Legend memorial plaque This Flag Pole Dedicated as the Permanent Memorial of the 200th Anniversary of the Battle of Lexington April 19, 1775 First Armed Conflict of the American Revolution July 4, 1976 The Board agreed that the appropriate action and sequence would be for the Bicentennial Corp to bring their proposed design to the Board for review and approval, then to the Historic Districts Commis- sion for the Certificate of Appropriateness Flagpole The Board confirmed its position to proceed with plans for a steel Contract flagpole and all appurtenances to be installed on the Battle Green under the contract with B A Larson & Co , Bedford, Mass , in the amount of $25,866 00 Towing Mrs Miley discussed the towing policy adopted by the Board and Policy requested that Chief Corr submit a report for the next Selectmen's meeting on how he is progressing on instituting a fair rotation policy for towing in Lexington Mr Busa That is not my understanding; the minutes will show that a fair plan will be in order not fair rotation Several people in town have tow trucks and, if the Board wishes, Chief Corr will institute it, but if that is the case he would like to have the names of all people in Lexington with tow trucks Dr Kassler I think that our instructions to the Chief at that time were to add B & R Towing to the list and see if they would get a fair share of the towing We will let Mr O'Connell look into it, based on what the minutes say and, when he makes his report, we will take it from there. Mrs Miley I assume there is a log book and it shouldn't be diffi- cult to find out. 91 Selectmen's Meeting May 10, 1976 It wasr O'Connell eed that Mr O Connell is to report back to the Board Mrs Battin read the following statement regarding groups gathering Public in areas of the town Gatherings "In addition to the statement the Selectmen issued last week, I think it important to note that the Selectmen have considered and will develop a process by which the Selectmen, town meeting members and other interested and concerned citizens who are respected by and have had experience with young people will be available to talk with and, if necessary, help disperse those few groups which disturb neighborhood peace and tranquility "We recognize two symptoms of problems which should be the concern of the entire community, not just the police or the Selectmen There are an increase in alcoholism and continued disruptive behavior by a few members of large groups. Prevention is very much our focus Therefore, in order to further understand the dimension and causes of this behaviour and to help us to seek remedies, we will soon ask that the following attend one of our regular Monday meetings The Town Youth Counsellor; representatives of the Drug Advisory Committee, the Youth Advisory Commission, the Community Relations Committee (which will include repre- sentation from the Schools, Clergy, League of Women Voters) , Re-Place and Mystic Valley Mental Health Center Chairman Kassler• We will meet with them in the near future Chairman Kassler read a letter of resignation from Mr Donald Resignation Comstock as a member of the Personnel Advisory Board. Personnel Upon motion duly made and seconded, it was voted to accept, with Adv Bd deep regret, the resignation of Mr Donald Comstock as a member of the Personnel Advisory Board Mr Robert Blouin was present at the meeting and questioned the TOPICS progress on the Pleasant Street intersection Pleasant Chairman Kassler explained that a public hearing would be held St - Mass very soon and, if Mr Blouin has any questions, he may contact Mr Ave McSweeney for additional information Upon motion duly made and seconded, it was voted by a 4-0 roll call Executive vote to go into Executive Session to discuss strategy with respect to Session collective bargaining and litigation After discussion, it was voted to go out of Executive Session and adjourn. Upon motion duly made and seconded, it was voted to adjourn at 10 25 p m. A true record, Attest C s.'J Executive Clerk, Selectmen 92. SELECTMEN'S MEETING May 17, 1976 11/ A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, May 17, 1976, at 7 30 p m. Chairman Kassler, Messrs Bailey and Busa, Mrs Battin and Mrs Miley; Mr O'Connell, Town Manager; Mr McSweeney, Director of Public Works/Engineering; Mr Cohen, Town Counsel (8 30 p m.) ; Mrs McCurdy, Executive Clerk, were present Transfer Mr O'Connell informed the Board that requests for five transfers Requests from the Reserve Fund have been discussed with the Appropriation Commitee and the approach taken was that they would approve amounts to pay cur- rent bills so that the balance in the Reserve Fund could be protected. The Appropriation Committee would have a later review of the balance of the requirements Upon motion duly made and seconded, it was voted to request approval of the Appropriation Committee for transfers from the Reserve Fund to Account 5250-Town Buildings-Maintenance in the amount of $10,000 5450-Road Machinery in the amount of 5,000 5550-Traffic Reg & Street Signs in the amount of 2,000 5600-Street Lights in the amount of 8,000 5700-Sewer Maintenance in the amount of 7,000 Appt - Mr O'Connell requested approval of the Board reappointment of Dr Board of Charles E Ellicott Health Upon motion duly made and seconded, it was voted to approve the reappointment by the Town Manager of Dr Charles E Ellicott as a member of the Board of Health for a term expiring April 30, 1979 Perm.Bldg Mr O'Connell publicly announced his intention to reappoint Mr Committee Robert V Whitman a member of the Permanent Building Committee Model Mr O'Connell discussed a request from a Winchester father and son Rocket to launch a rocket in Lexington The Town may permit the launching of Launching model rockets, subject to the Rules and Regulations of the Department of Public Safety under Chapter 148, ss 9A and 10, but permission is needed for the launching site Under these requests, it would be possi- ble for the Town to allow Lincoln Street recreation area As a sugges- tion, the Board might indicate a willingness to authorize the recreation department to allow model rocket launchings at Lincoln Street, subject to individual requests A permit must be obtained from the Fire Chief Mr Busa. Under whose supervision are these rockets to be launched? Who will make sure that the rocket is the one the permit is issued for, and who will be iiable if the rocket explodes? Mr O'Connell If Town Counsel says so, we might be able to hold the Town harmless The Recreation Director could do it; his regula- tions could prescribe that a person over 21 years is held accountable; an adult will have to be there 9 Selectmen's Meeting May 17, 1976 111 Mr Busa Fine, but I would still like clarification of liability Mr O'Connell If Town Counsel says so I am saying that the State has drawn up a good set of regulations Chairman Kassler Do we and should we have to adopt the State regu- lations as our own? Mr O'Connell We don't have to vote to adopt them. Mr Busa also expressed his apprehension about home-made rockets Mrs Miley• I am curious to know if Winchester allows these rockets Does the man want to set it off in Lexington because it is not allowed there? Mr O'Connell With exception of this case, I would say only Lexing- ton residents be permitted - but he got misinformation that Lexington allows it His son did his homework and I was impressed. The policy would be for Lexington residents only Mrs Miley I am not concer ed about Winchester but wondered if Winchester had a reason not to al ow it Upon motion duly made and se onded, it was voted to grant permission to a Winchester resident to reque.t approval of the Recreation Committee to launch a model rocket at the L_ncoln Street recreation area, and then to obtain a permit from the Fire Department Mr O'Connell informed the Board that the ambulance/rescue vehicle Ambulance was purchased from J R. Tucker, omerville, for $21,500, including the Purchase , Ill trade-in of our ambulance We wi 1 take delivery at the factory This price enables us to have the Town s share towards the State grant for radio equipment and medical acces ories Mr O'Connell discussed further complaints from residents of Barring- Bus Parking ton Road and Mass Avenue about the problem of tour buses in the area Battle Lgst year it was not felt to be severe enough to go forward to get more Green off-street parking by putting up igns Does the Board wish to have the Traffic Committee take an updated look at it? Mr Bailey Last year, we e couraged them to go behind the four churches Mr O'Connell It was not e fective as we couldn't get the message to drivers not having been here b fore It was suggested that the Traffic Committee put up one or t signs, and get drivers to register at the Visitors' Center We don' think they are unwilling to do it Chairman Kassler We were g ing to ask some of the Guides to try and get to some of the drivers to Mr O'Connell We had some . esults The Board agreed to request the Traffic Safety Committee for an up- dated report on bus parking around the Battle Green Mr O'Connell asked the Board's feeling about the present policy Ice Cream regarding ice cream vendors in Lexington Vendors The Board agreed to maintain the policy of not issuing permits for mobile vehicles to sell ice cream products in Lexington 94 Selectmen's Meeting May 17, 1976 Towing Mr O'Connell reported on the status of the towing policy The Policy Police Department has added B & R Towing to the list Bob's Towing had 25 calls; Mal's had 11; B & R had 3 It is my feeling that it is too early to judge what the impact will be Chairman Kassler When did we specifically request that B&R be put on the list? Mr, O'Connell It is in the minutes of March 29, 1976 Chairman Kassler- So we have the report for the full month of April Mr O'Connell I don't think B & R was put on immediately Chairman Kassler We also said that others should be informed about asking to be on the list Mr O'Connell It is my impression that the Chief is trying to work out a transition plan so there would not be a negative effect on other towers and they should have a reasonable time to adjust The March 29 minutes said that the Chief should work B & R into rotation in what he feels is a fair and equitable manner Chairman Kassler It would be my understanding that we wouldn't be held to 30-30-30 or 100-100-100 and would just know that everyone would get a fair share Mr Busa I raised that point as to whether 3 to 1 or 2 to 1 is fair, and the minutes would show that it was not insisted upon by this Board to put it in, "Everyone in Lexington to qualify with the same equitable and fair rotation " If the Town gets into the policy of fair and equitable, and to take it out of the Police Department, then fair and equitable is for every company Chairman Kassler I don't think anyone disagrees We have only three on our list Mr Busa. The minutes show that B & R is to be looked into and, as the Chief said, Rowe Chevrolet is qualified but he couldn't use them, and so was Pete's There is a list compiled of companies that are qualified Mrs Battin We set up critieria in the fall and B & R did qualify, and it would be fairly distributed to all companies The distribution read by Mr O'Connell didn't seem fair over a period of time. Mr O'Connell Is it the intent of the Board that (1) Those who qualify would be added to the list; (2) Over a reasonable period of time, by a method worked out by Chief Corr, the intent would be that they would each share a proportionate amount of the towing services needed over that period Mr Busa Am I hearing that we are going to ask that anyone who qualifies is to be put on that list? Chairman Kassler The policy says that anyone who requests to par- ticipate and that Chief Corr feels qualifies, will be put on the list. If it get out of hand and unworkable, we will have to review the Town's towing policy Mr Busa The Chief was specific when he said that if you dilute towing services among too many companies, then services will be brought down to a lower level Mrs Miley As of now, we have three companies who apparently fit 95 Selectmen's Meeting May 17, 1976 thequalifications I agree with11and 3 calls g Mrs Battin that 25, are not equitable Is it possible for the Chief to have some standards set up on workable numbers? Chairman Kessler It would be far fairer than over a 6-months' period. I don't see how a business could be run that way It is diffi- cult if, over a 6-months' period, he might get one-third but would not know when he would be called I would suggest that it not be as loose Mrs Miley Arlington uses rotation on a definite time frame and it seems more efficient than over a 6-months' period Companies will be called at certain times Chairman Kessler This is not the policy we left with the Chief We left it with him to work out a system Mrs Miley A rotation? Chairman Kessler I would 1_ke to refer the matter back to Mr O'Connell and Chief Corr as my feeling is that one month is not enough time, especially when he indicate a transition period; that he expedite that Mr Raymond Piantedosi, owne of B & R Towing Approximately two and a half years ago, I was accep_ed and did have adequate equipment I was requested to obtain permits from the Board of Appeals by Sgt Lima to comply with his rules and regulations for towing My equip- ment capability is more than sufficient and I have kept men on I have been on the list of the State Pol.Lce for a great deal of time I have had those permits for 25 cars and never have had vandalism problems nor run-ins with the police DPU and all Police Departments have no com- plaints, nor have they had, and I feel from my original letter to the Chief to put B & R on the list that the transition is more than suffi- cient, plus I requested a review of this approximately midway through March of last year I feel that C am sitting in a corner with nowhere to go If a man in the departmen._ can't make a decision, something must be wrong I have been keeping mei on and if they call me for a flat tire, I go I have to reserve thea additional equipment in case I get calls I did get calls and gave food service If I don't keep the equipment, it could be a disaster area. I have to have someone say, "O.K., now I can use you." I have complied and feel I have come to the end of my rope Chairman Kessler The Board recognizes your concerns Mrs Batten Can we really direct the Chief to develop a workable system over one month's period of time? If not, are we, the Board, to adopt a system? Chairman Kessler I think w=_ did that Mrs Battin We didn't have a deadline Chairman Kessler We did direct the Chief and he asked for time, and he deserves it One month is not satisfactory and if we indicate that we would like to see the figures change, I don't think we should right now. Mr. Buse Is he to increase the list of qualified towers in Lexing- ton if they qualify? Is it up to his judgement? Chairman Kessler; Yes, based on standards we set He also is to give 96 Selectmen's Meeting May 17, 1976 B & R Towing sufficient business and, for anybody looking at it, to see that they are getting fair and equitable treatment As of now, we have three on the list, and the Board has indicated that they be treated fairly and equitably Mr Busa That' s not so Chairman Kassler to Mr O'Connell How many people on the list? Mr O'Connell It is my understanding that he is treating only those three for sharing the Town's business Others share when there is an opportunity for the owner of a car to call or they ask the police to call a particular one The Board agreed that Mr O'Connell is to talk with Chief Corr regarding the transition period of implementing the towing policy Federal Aid Mr O'Connell read a report from Mr McSweeney, Director of Public Application Works/Engineering, that the State has recently lowered the eligibility Moon Hill - requirements for Federally aided water pollution control projects to Crescent Rd include sewer laterals Since the time that this information became Sewers public in late April of this year, the engineering division has been investigating the possibility of Lexington taking advantage of the 90% funding available under this program. It now appears possible that certain projects may be eligible and we are therefore requesting per- mission to proceed with eligibility determinations and step 3 grant applications The two projects that we specifically have in mind are the Moon Hill Road area sewers and the Crescent Road area sewers. Other projects appear to have a number of drawbackswhich might elimi- nate them from eligibility; however, we would still recommend that they be submitted for a determination This program is not without stipulations, some of which may cause some modifications to existing policies The major stipulations are as follows 1 The Town shall not collect betterments in excess of the Town share of the project costs (10%) (Presently the Town assesses better- ments at about 50% of the project costs in accordance with State Stat- ute This may require a special act of the Legislature to change the method of assessment ) 2 More than one-half of the houses to be services must be connected prior to issuance of the final grant payment. (Presently there is no requirement for connection except for those homes experiencing pro- blems with existing systems This may require adoption of some form of local ordinance to force abutters to connect ) 3 The Town must establish a sewer user's charge and a system of equitable cost recovers for industrial wastes (These are not new requirements and, in the past, we have been able to demonstrate equity with current practices There is some question as to whether current practices in this regard would still be considered equitable We might add that this requirement will be coming sooner or later in any event ) 4 Special Town meeting action would be required to authorize the Town to apply for and accept Federal and State Grants. (We estimate the 97 Selectmen's Meeting May 17, 1976 Ill Potential value of this program to be in the range of $250,000 to $500,000 of financial aid to the Town ) There are several other conditions and stipulations that would accompany a grant offer under this program; however, they are primarily construction and logistical considerations and would not affect the Town Policy For many years, Lexington has been unable to participate in this program to the level that we would have liked to This appears to be an opportunity to take advantage of the State's dilemma of not being able to spend their Federal allotment of water pollution control monies We, therefore, request that you review this information and the ramifi- cations of the requirements and authorize us to proceed with meetings with E P A and Mass Water Pollution Control for an eligibility deter- mination. Upon motion duly made and seconded, it was voted to authorize Mr McSweeney, Director of Public Works/Engineering, to proceed with eligi- bility determinations and Step 3 grant applications for Moon Hill Road area sewers, Crescent Road area sewers and any other sewer to be deter- mined eligible for such application Mr Cohen came into the meeting at 8 30 p m. Chairman Kassler read a letter from Mr and Mrs Roche, 14 Hayes Lane, expressing concern about the possibility of disturbance of the water table if Lot 17 Hayes Lane is ever connected to Town sewer and water systems Mr Miley. I have seen this property and have talked with Mr and Mrs Roche I hope that when the time comes that great consideration be given to them and their small retirement home Mr Bailey I would appreciate it if Mr McSweeney will let us know when application is made and he could feed back to us Mr McSweeney agreed Chairman Kassler read a request from the Traffic Safety Committee Stop Sign - for approval of the installation of a stop sign on Woburn Street at Woburn St / Massachusetts Avenue Mass Ave Upon motion duly made and seconded, it was voted to amend the Intersect Traffic Rules and Orders of Lexington, adopted by the Board of Select- men on November 13, 1967, as follows Street Location Regulation Woburn Street Westbound at Mass Ave Stop Approval of the Mass Department of Public Works is to be requested Chairman Kessler read a report from the Traffic Safety Committee re- Traffic garding the petition for the installation of traffic signals with pedes- Signal IItrian indications at Bedford Street and North Hancock Street, stating Request - 98 Selectmen's Meeting May 17, 1976 (Bedford St that after reviewing the traffic signal warrants, it was found that No Hancock neither the vehicular nor the pedestrian warrants are met by this lo- cation The present circumstances at this location do not justify a signal installation and it is therefore recommended that the request be denied Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Committee to deny the request from residents in the area for a traffic signal at Bedford Stteet and North Hancock Street Heidke Chairman Kessler read a request from Mr John McSweeney, Director Leonard Rd. of Public Works/Engineering, for approval of sewer and water exten- Sewer & sions within Leonard Road, to be constructed at no expense to the Town, Water as requested by William J Dailey, Jr , Attorney for Mr Philip C Heidke Connections Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering for sewer and water extensions within Leonard Road to be constructed at the expense of Mr Philip C Heidke, with no expense to the Town, subject to the following conditions 1 Payment of the estimated sewer and water betterments, as approved by the Board of Public Works (Board of Selectmen) 2 Submission of an acceptable sewer and water plan to DPW/ Engineering 3 Posting of a bond in the amount of the estimated construc- tion cost for the work within the public way, as prepared by DPW/Engineering Mdlsx. Mrs Miley informed the Board that she had investigated the bill County for $175 00 as Lexington's apportionment of the Middlesex County Advisory Advisory Board and recommended that it be paid Board Bill Upon motion duly made and seconded, it was voted to pay the bill of $175 00 ads Lexington's apportionment of the costs of operation of the Middleselx County Advisory Board Special Chairman Kassler read a request from Chief Corr for the appoint- Policeman ment of a Special Police Officer Upon motion duly made and seconded, it was voted to appoint Police Cadet James T Costello, 34 Allen Street, as a Special Police Officer in the Town of Lexington for a term of office expiring March 31, 1978 Appt The Board discussed an appointment to the Personnel Advisory Board Personnel Mr Butler, Chairman of the Board, had expressed a desire for Mr Chapman Adv Bd to be appointed and the Appropriation Committee approves also Upon motion duly made and seconded, it was voted to appoint Mr W Neil Chapman a member of the Personnel Advisory Board for a term ex- piring March 31, 1979 99 Selectmen' s Meeting May 17, 1976 Upon motion p o duly made and seconded, it was voted to approve the minutes of the Selectmen's meeting of April 26, 1976 Chairman Kassler read a request for nominees for election to the Board of Directors of Mystic Valley Council for Children The Board took the request under advisement Chairman Kessler read a request from the Lexington Lodge of Elks Elks for an extension of hours on holidays; also, a request for the use of Liquor the Battle Green License Upon motion duly made and seconded, it was voted to grant an ex- Exten of tension of hours under the Club 1_quor license of the Lexington Lodge Hours of Elks to open at 1 00 p m. on Memorial Day, Independence Day, Labor Day, and Veterans' Day, and to close at 2 00 a m on New Year's Eve Upon motion duly made and seconded, it was voted to grant per- Permit mission to the Lexington Lodge of Elks to use the Battle Green on Battle Green Sunday, June 13, at 2 00 p m. for a Flag Day Ceremony Members of the Board plan to attend the ceremony Chairman Kassler read a request for a representative of the Board Invitation to be present to welcome members of Hyde High School performing a musi- cal drama at Lexington High Schoo_ on May 20 at 8 00 p m Selectmen Buse is to represent the Board Upon motion duly made and seconded, it was voted by 5-0 roll call vote Executive II to go into Executive Session to discuss strategy with respect to collec- Session tive bargaining After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 915pm. A true record, Attest Executive Clerk, Selectmen 1 X00 SELECTMEN'S MEETING May 24, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, May 24, 1976, at 7 30 p m. Chairman Kassler, Messrs Bailey and Buss, Mrs Battin, Mrs Miley; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present Bldg Com- The Board congratulated Mr Donald K. Irwin, Building Commissioner, missioner upon his recent election as a member of the Board of Directors of the Eastern States Building Officials Federation Youth Miss Mary Rockwood, Chairman, Miss Sue Abkowitz, Mr Myron Miller, Advisory of the Youth Advisory Commission; Mrs Marcia Feakes, League of Women Commission Voters, met with the Board. Chairman Kassler We received, by your minutes, some indication that the Youth Advisory Commission had some thoughts about changes in the way people were appointed and the timing The League of Women Voters has also been interested in this and we will spend some time in discussing it Miss Rockwood. We were aware that the League had ideas about the structure and we desired to go ahead more or less based on what we have done in the past Most of the recommendations are on by the Executive Board; they were discussed by the Commission but not voted A revision would increase the number of youth members but keeping adults Three members and three alternates from the sophomore, junior and senior classes of the High School; one member of each Junior High and one alternate attending all meetings When a member is absent, the alter- nate to take a voting position This will allow the Commission to reach a quorum as there has been a problem in the past with absences There is a great deal of interest expressed at the Senior and Junior High schools and they are very interested in working on the Commission The selection of members would be the same as last year with outgoing members making the selections based on group meetings on applications, essays and teacher recommendations Adult members in the past have not had a say on who works on the Commission or not; we felt that the Youth Commission could make recommendations, and active members who don't belong to active organizations in the Town might make an effort to make the Youth Commission more active Also, the term of office should over- lap so that, instead of 20 active members, we would have 40 Orienta- tion could be during the summer when students and adults could get to- gether rather than start in September That was all we discussed Mrs Feakes The League of Women Voters did a study on youth services this year and we looked to see what services they are using Many are set up for specific problems, i e Drug Advisory The Youth Advisory Commission was set up to "assume responsibilities such as, to prepare a comprehensive Town-wide inventory of your programs, ser- vices and facilities and continually review this inventory; identify 101 Selectmen's Meeting May 24, 1976 III the problems and needs of the youth of the Town; evaluate the capacity of the existing programs; service•. and facilities to deal with the changing needs of the youth of the Town; promote communication between youth, parents and groups concerned with youth; serve as an information source for all; provide an open f.rum for public discussion of new programs; supply leadership for community needs which are not being met by existing organizations; pr mote programs which are designed to stimulate understanding of the problems of youth; or other unspecified activities which may be significa t for the youth of the Town " This is quite an all-encompassing statement, which is difficult for any organization One of our members has been going to meetings and we have discussed making the Youth Commission a more effective, stronger voice in the Town and one of the things that would strengthen it would be if it were a By-law Commission We also think it should be a smaller group as with 17 members, it is herd to have people feel their commit- ment; it should be a policy-making group with a paid director, and work with the schools We found that the Commission could do a wide variety of things In many towns, it is wet up so they work with youth, courts and police, human relations, and parents We feel if they had someone they could work with effectively, they could take part in the Town more effectively We think that is the: key to bring more youth in Chairman Kassler You are talking on quite a defferent level from what we just heard Am I correct in interpreting that you are saying an adult youth commission with a youth advisory Board? Mrs Feakes Young people may have ideas but adults to show them the way It works in other communities To have five adults who have been continuously interested in programs - not to take over but to help Mr Bailey I don't know th solution but the two speakers raise a dilemma Mary suggests limitin the number of adults and having more students, and Marcia Feakes says .hat the solution is to have a By-law Commission and a paid director :t is a little frustrating to have it coming in all directions I accept what Marcia said about the original charge of the Commission; that is still the understanding we have of the function of the Commission Mr Busa We researched it with an ad hoc group and it was our opinion that most of the needs of the Town were served by one board or the other, but there was one not being served and that is why the Youth Advisory Commission was set up ]: don't think a By-law Committee would get more production We always stated every year that if there was some need, the Board of Selectmen would gladly provide it if the Youth Ad- visory Commission would come up with a solution There is no one stronger in the Town than the Board of Selectmen and, for the past four or five years, if the Youth Advisory Commission came to us, we would try to provide for it We felt that the youngsters did not need any more adult supervision and this i;; why we made the Commission up of young adults and we would wait on the sidelines until asked - and a By-law Commission isn't going to help that any You are talking about I policy, and the Board of Selectmen is the policy-making body and we said that we would provide the policy to make it happen Unfortunately, Selectmen' s Meeting May 24, 1976 are thebusiest inTown and are on 5 or 6 committees II/ young adults bu es people and they do not have enough time; it is not enough to have a 7-member board I go along with Mary on appointments and I suggest that we move the date forward and appoint in March or April Mary Rockwood agreed Mrs Battin I was also on the ad hoc committee with Mr Busa that set up the Commission At that time in 1971 and 1972, we did recommend that it be a By-law committee but the Selectmen, at that time, decided that it should be a Selectmen' s advisory committee and, if it didn't do what it was supposed to do, to make it a By-law committee I also agree that we did do research and other towns have gone in all directions I wonder if we should now direct it back to the League of Women Voters and the Commission to combine their research. Miss Rockwood About what Mr Busa said, we have been talking about it since January and I feel that a By-law would have no effect I think Mr Busa made a good judgment when he said that it was estab- lished for the youth and it should be run more or less by youth. We have approached the Board as we felt that we wanted more guidance as we have run into things we don't know what to do about - and to meet maybe on a weekly basis or bi-monthly rather than four or five times a year We need more guidance from the Selectmen Miss Abkowitz I agree with Mary As Mr Bailey said, there are different ideas We are all for making better communication on whether to increase youth or adults The youth have had drive and have actually been working - and would rather not increase the adults and have them involved in what we are working for Mr Miller To go back to Mrs Battin, I think the League of Women Voters has gone to a great deal of effort to come up with good suggestions One of the important things to clarify is what kinds of things have taken place elsewhere; at least we can profit from the ex- perience of other towns so that the young people can aspire as to where they can go Ideas might be slow in coming but in this way with the experience of what has taken place elsewhere, it might be of value As to structure, that is one thing we have to decide on Mr Bailey. Has anyone really assessed your role in context with all the other youth related commissions in Town, and have you thought this one through? Is there really a role as the Youth Commission is now structured? Miss Rockwood: One of our many problems is in establishing a role The past four years have not been useless but, when I took office, the Chairman had been gone, members were not present at meetings, etc The whole structure is that we haven't been able to establish our- selves or even a role and nothing has been said about it It is hard to establish a role until a working structure is established Chairman Kessler There are two things to consider 1 We should act upon recommendation that we extend appointments through the summer 2 Obviously, we are not going to get anything decided tonight We had hoped to start something and we should start with re-evaluation of both the role and composition As Mrs Battin said, the Youth Commission is 10:3 Selectmen's Meeting May 24, 1976 to meet with the League of Women Voters and any other groups through the summer and make recommendations to the Board both as to the role, as Mr Bailey suggested, or the composition I don't find the two ideas as incompatible as in the beginning Whatever you want to call the committee, study it together and come back to the Board on the role and composition aspects of the Yo Lth Commission Upon motion duly made and seconded, it was voted to extend the term of office of all members of the Youth Advisory Commission from June 30, 1976 to September 30, 1976 Members of the Youth Advisor3 Commission and the League of Women Voters retired from the meeting Mr Raymond Barnes, Chairman of the Town Celebrations Committee, July 4th and Mr Lincoln P Cole, Jr , Chairman of the Bicentennial Committee, Celebration met with the Board to discuss plans for the 4th of July Chairman Kassler We want to officially thank you for the mag- nificent job you have been doing and each celebration gets better Mr Barnes We are planning a family day on the 4th Bells will ring from 2 00 to 2 15 p m. and Rev Handley is working with the churches to have the bells rung in syncopation At 2 15, the Minutemen will go on the Green and then march to Parker Field to the Lions Club carnival We would like the Board of Selectmen, the Bicentennial Committee and the Town Celebrations Committee issue an invitation to the people in town to come and enjoy themselves at a family afternoon at Parker Field. Mr Cole The legislature passed a bill that permits bonfires be- tween July 2 and 6 this year, and we thought it might be a good idea to accumulate a bonfire I have talked to Mr O'Connell Chairman Kessler What about finances? Mr Barnes We have $1,000, which the Selectmen set aside about a year ago for the 4th of July; I assume it is available Mr Cole I suggest that if the general plan meets with your ap- proval, we work with the Manager and agencies Mr O'Connell As a related suggestion, perhaps the Town would pro- vide a month long clean-up during June for the bonfire The Board agreed to the proposed plans for the 4th of July celebra- tion up to $1,000 Mr O'Connell recommended that the Board rescind the vote of March Rescind 24, 1976 requesting approval of the Appropriation Committee for a trans- Transfer fer of $660 to pay the Assistant Dog Officer for the remainder of FY 76 Vote The Appropriation Committee had tabled the request and, in the meantime, it has been decided to transfer the money from Account 9000-Miscellaneous Salaries Upon motion duly made and seconded, it was voted to rescind the vote of March 24, 1976 to request approval of the Appropriation Committee for a transfer from the Reserve Fund to Account 3500-Animal Control Personnel Services The Board approved Mr O'Connell's recommendation to inform our leg- Bill islative representatives to support S 1489, a bill to increase Chapter 70 S 1489 104 Selectmen's Meeting May 24, 1976 aid to cities and towns; L xington's proposed increase would be $148,556 Historical Mr O'Connell request approval of the Board for his appointment of Comm. Appt Mrs Samalya Deutch to replace Mr Thomas Taylor, whose term has expired Mrs Deutch is also a lawyer and he felt she would be most helpful as a member of the Historical Commission She is one of the Commission' s recommendations Mrs Miley I don't know the merits of having a lawyer because the Commission hasn't existed long enough, and I haven't followed it too closely to know if it is essential In going through the TMMA interest sheets, I have noticed Spencer Lavin, who is a History Professor and Dean at Tufts Mrs Battin I believe he is on LCSR. It was agreed that Mr O'Connell is to talk with Mr Lavin and come back to the Board Police & Mr O'Connell informed the Board that the personal services budgets Fire will be brought to the meeting on June 1, to be followed one week later Budgets with the pink sheets This year, there was no settlement with either the Police or Fire Departments He proposed to establish for July 1, 1976 the interim personnel budget sheets, which would be an extension of 1976 budget sheets with additions when matters are resolved; to hold salary rates, holiday pay costs Chairman Kassler What effect would that have on insurance? Mr O'Connell It is proposed that we put in $100; 75/25 was in 111 last year's collective bargaining Mr Buse Then everything will be retroactive to July 1st? Mr O'Connell Yes The Board agreed Towing Policy Copies of a draft, by Mr O'Connell, of the Board of Selectmen's Policy on Police Authorized Towing were distributed to the Board. "At its meeting of May 17, the Board again discussed the matter of towing practice and clarified the intent of earlier policy state- ments It directed the Town Manager to transmit its clarified policy to the Police Department The Town Manager's understanding is outlined below for conformation by the Board of accuracy and completeness 1 The Police Department, using suitable criteria established by that department, shall determine for any Lexington firm which customarily offers vehicle towing service and which applies for Town business, whether that firm adequately qualifies to provide police authorized towing work 2 The Police Department shall maintain a list of all qualified and authorized towing companies, for which towing assignments will be made 3 The established policy and procedure of having the vehicle 1U5 Selectmen's Meeting May 24, 1976 111 owner or operator designate who shall tow his vehicle wherever possible shall be continued The owner's or operator's choice is not limited to the authorized list Police authority to order vehicle towing when in the judgment of the responsible police officer it is required by public safety interest, is not restricted by the owner choice procedure 4 Towing assignments shall be made from the authorized list by the Police Department on a regular succession basis which will pro- vide fair and equitable distribution of work over a reasonable time period. The Police Department shall after review with the towing firms involved, establish the most suitable schedule of work allocation 5 The Police Department shall issue a report monthly (?) covering the towing work allocations made during that period The Board agreed to submit comments to Mr O'Connell Mr O'Connell left the meeting at 8 33 p m. and returned at 9 30 p.m. Mrs Harold Johansson and Atty Frederick Conroy met with the Board Johansson Chairman Kassler At Mr McSweeney's recommendation, the Board has Banks Ave voted denial of Mrs Johanssan's request for a water connection until Water such time as legal and administrative problems were resolved Extension Atty Conroy Mrs Johansson owns a vacant lot on Banks Avenue and Request she would like to build a house on that legal lot The closest source of water is a 6" water main next door and she would like to extend that to her lot so she can get a building permit I suggested that she get an easement through Lot 15 and have it constructed at the owner's expense We would like to know, if Mrs Johansson can put the money up and get permission from the abutter, can we get permission to connect? Mr McSweeney I did have a conversation with her and I said that we have done sewer and water extensions at no cost to the Town but they were in public ways, and we have no right to go into an unaccepted street for an extension unless we have Town Meeting authority and we take an Order of Taking On public ways, it is an Order of Construction and we file all the betterments and we put the money in escrow and it is done by Town forces On an unaccepted way, we have to take a fee and go to Town Meeting Chairman Kessler That is if we do the work. Mr McSweeney If anyone does that - so you can grant the utilities When he turns it over to the Town, it is part of the subdivision control bill In this case, she doesn't own the road and we don't have the right to tell her she can't go out into Banks Avenue We have well over a couple of hundred cases in Town Chairman Kassler- Rather than try to solve it at this time, would it be satisfactory to refer it to Mr McSweeney and Mr Cohen and Atty Conroy can work with them. Duh Selectmen's Meeting May 24, 1976 11/ Mr Bailey I think there is sewer in the street When was that put in? Mr McSweeney On last year's construction from Carville We took an easement It was sewered both ways by Order of Taking from Town Meeting, and we sewered the houses on Banks Avenue Mr Busa You need a release from all the landowners and give it back to utilities Atty Conroy The Town has it all but 60 feet and we can get the 60 feet The Board agreed to refer the matter to Mr Cohen, Mr McSweeney and the Planning Board, with a request that a report be submitted to the Selectmen Lex.Housing Mr Temple Scanlon, Director of the Lexington Housing Authority, met - HUD - with the Board to request that the Board sign the letter and application Innovative to the U S Department of Housing and Urban Development for funds for Projects suburban scattered site single family housing for lower income families Such housing is to be constructed on land acquired by the Town through non-payment of taxes Mr Scanlon This type of application is restricted to neighborhood preservation and all but a few are lots in a developed neighborhood Last year, $2 million appropriation was approved and 14 communities were given grants; this year, the appropriation is $4 million We are asking for $600,000 to complete 19 units; this is a negotiated type of award and we can receive from $0 to $600,000 Once it is cleared by MAPC, it must be postmarked June 1 and received by HUD by June 3, 1976 Chairman Kassler I have a great deal of interest in this and would like to see it go forward The Town has indicated that single family housing for low and moderate income families would be acceptable in that this type of housing would serve to maintain and preserve the character of the existing neighborhoods Accordingly, Town Meeting has given the Selectmen the authority to sell a number of abandoned tax title lots to the Housing Authority for a nominal fee (1) with the proviso that the Housing Authority use these lots for single famly housing for lower in- come families Mr Busa Town Meeting voted some years ago that this is the direc- tion to go forward on rather than in congested areas Upon motion duly made and seconded, it was voted to sign the letter of application to the U S Department of Housing and Urban Development by the Lexington Housing Authority under the regulations of the Innova- tive Projects Program for FY 1976 Housing and Neighborhood Preservation " Conservation Mr Cohen recommended that the Board vote to accept a Conservation Easement easement along Vine Brook Upon motion duly made and seconded, it was voted to accept a Con- servation easement along Vine Brook from Mr and Mrs Ansel Davis of Grant Street, as authorized under Article 75 of the 1969 Annual Town Meeting 107 Selectmen's Meeting May 24, 1976 Mr Cohen receommended that the Board vote to accept easements from Bos Edsn the Boston Edison Company Easements- Upon motion duly made and seconded, it was voted to accept easements Wood St from the Boston Edison Company on Dots 528, 529 and 530 Wood Street Upon motion duly made and seconded, it was voted to table the re- Street quest from Mr Mark Moore, Jr for the installation of Town and Country Lights - street lights on Lois Lane Lois Lane Chairman Kassler read a reque<.'t from Mr McSweeney to sign sewer Colangelo and water assessments for Hartwell Avenue and to abate them. Hartwell Ave Upon motion duly made and seconded, it was voted to sign sewer Sewer & betterment assessments to Michael L, and Josephine Colangelo, 115 Water Kendall Road, in the amount of $3,114 25 on Lot 4 Hartwell Avenue and Assessments $2,643 87 on Lot 5 Hartwell Avenue - total of $5,758 12; to sign water betterment assessments to Michael L and Josephine Colangelo, 115 Kendall Road, in the amount of $675 00 on Lot 4 Hartwell Avenue and $570 26 on Lot 5 Hartwell Avenue - a total of $1,245 25 Upon motion duly made and seconded, it was voted to abate sewer betterment assessments to Michael L. and Josephine Colangelo in the amount of $5,758 12 and water bettE.rment assessments in the amount of $1,245 25 on Lots 4 and 5 Hartwell Avenue Chairman Kassler read a letter from the Lexington Minute Men, Inc Minute Men- requesting the use of the Battle Green for demonstrations to tourists, Battle in conjunction with the activities of the Guides Green Lt Joel Schulman of the Lexington Minute Men was present and ex- plained that it is their intent to demonstrate how a single musket oper- ates and, also, to fire the musket;', using a low charge The Board agreed to grant permission subject to (1) the Minute Men checking with Rev Handley, Director of Guides, for his approval; (2) re- ceiving the approval of Chief Corr to fire the muskets Chairman Kassler read a reque:'t from Bora Bora, Inc , 177 Mass Ave Bora Bora for an extension of hours under the Liquor Common Victualler license to 1 00 a m. rather than 11 30 p m. Upon motion duly made and seconded, it was voted to deny the request from Bora Bora, Inc for a closing hour of 1 00 a m Chairman Kassler read a requevt from the Lexington Bicentennial Band Battle Green for the use of the Battle Green for band concerts Bicenten Upon motion duly made and seconded, it was voted to grant permission Band to the Lexington Bicentennial Band for the use of the Battle Green for Concerts band concerts on Each Thursday evex.ing at 7 00 p.m commencing June 24 through August 19, 1976 Chairman Kassler read a request from the National Honor Society and Permit - II American Field Service for permission to hold an art sale Visitors' Upon motion duly made and seconded, it was voted to grant permission Center Grounds jos Selectmen's Meeting May 24, 1976 to the National Honor Society and the American Field Service to conduct an art sale on the grounds in front of the Visitors' Center on Saturday, May 29, 1976, from 10 00 a m. to 5 00 p m. Memorial The Board agreed to accept the invitation of the Town Celebrations Day Committee to participate in the Memorial Day parade on May 31, at 10 00 a m. MBTA Chairman Kessler read a letter from META Service Manager stating Lex/Waltham that the Authority has no plans to discontinue service on the route Bus Line operating between Waltham and Lexington Campbell The Board discussed the formal request for a dog hearing and it was Dogs agreed that Selectman Busa would conduct a dog hearing on dogs owned by the Campbell family at 413 Bedford Street (on June 9, 1976) Hartwell Chairman Kassler read a letter addressed to Mr McSweeney from Mr Avenue John Wofford, Director of Central Transportation Planning Staff, regard- Connector ing the status of the proposed Hartwell Avenue Connector in Lexington The letter states, "the proposal is to be funded by a combination of state and federal monies specifically out of the Urban Systems category The Department of Public Works has projects which are further advanced than the Hartwell Avenue Connector in both design and priority which will be ready for implementation within the next five years These projects total roughly $500 million The Department is thus faced with a severe shortage of monies available, even for very high priority projects Of course, if there is a radical change in the availability of monies to advance projects like the Hartwell Avenue Connector, the project could conceivably become more reachable If you wish to pursue the matter, I suggest that you write directly to the Department's Chief Engineer at 100 Nashua Street, Boston " The Board agreed that Mr McSweeney is to pursue the matter and to draft a letter for the Chairman's signature to Secretary of Transporta- tion Salvucci requesting a meeting to discuss the Hartwell Avenue Connector Order for Upon motion duly made and seconded, it was voted to sign the Order Street for Acceptance of Streets voted by Town Meeting Acceptances Construction Streets Betterment & Crescent Road 1103+ ft from Watertown Street to Green Lane Subdivision Briggs Road 380+ ft from Crescent Road to end Streets Great Rock Road 352+ ft from Crescent Road to end Subdivision Streets Hartwell Place 660 ft from Hartwell Avenue to end Brookwood Road 726 ft from Grant Street to end Fairfield Drive 660 ft from Brookwood Road to end Alteration Upon motion duly made and seconded, it was voted to sign the Order Order - Cor to alter the layout of the Town ways at the interesection of Clarke Clarke & Forest Sts 10 Selectmen's Meeting May 24, 1976 Street and Forest Street, with an award of damages to Mrs EdnaR. amag Schuh, 24 Clarke Street, in the amount of $183 75 Upon motion duly made and seconded, it was voted to award no damages on construction streets and subdivision streets Chairman Kassler read a memo from Mr McSweeney requesting the com- TOPICS ments of the Board concerning preliminary plans for traffic safety pro- Mass Ave / jects at Massachusetts Avenue and Pleasant Street; also, Waltham Street Pleasant St and Marrett Road A public informational meeting has been scheduled for -Waltham St June 22 in Cary Memorial Hall for all abutters and other interested /Marrett Rd parties The Board agreed to review the plans before the hearing An appointment to the Personnel Advisory Board was discussed Appointment- Upon motion duly made and seconded, it was voted to reappoint Mr Personnel Nicholas A. LaFauci a member of the Personnel Advisory Board for a term Advisory Bd of office expiring March 31, 1979 Chairman Kassler informed the Board that Mr Cohen and Mr Ralph McSweeney request that the Board vote to abate sidewalk betterments Cataldo assigned to Mr Ralph Cataldo, 57 Bow Street, in the amount of $1,334 22 Sidewalk Mr Cohen Counsel for Mr Cataldo and I, worked out a settle- ment agreement whereby Mr Cataldc will not perform soil mixing op- erations that will minimize the dist, noise and other detrimental effects on surrounding property and on the inhabitants of the Town Regarding the sidewalk betterment abatement, this was agreed as settlement of the damage suit brought by Mr Cataldo against the Town for a taking for sidewalk improvements Upon motion duly made and seconded, it was voted to abate sidewalk Ralph betterments in the amount of $1,334 22, which were assessed against the Cataldo property owned by Mr Ralph Cataldo, 57 Bow Street, Lexington Sidewalk Abatement Upon motion duly made and seconded, it was voted to sign the settlement agreement with Mr Ralph Cataldo regarding his suit against the Town 1 Ralph D Cataldo and the Town of Lexington agree to dismiss the aforesaid Civil Action No 239341 with prejudice, each party its own costs, and to take all procedural steps necessary to secure dismissal of the aforesaid action 2 Ralph D Cataldo does, for himself, his successors and assigns and anyone claiming through or under him release and forever discharge the Town of Lexington and all its past, present and future officers, agents and employees of and from all causes of action, damages, liabilities , expenses and costs whatsoever aris- ing by reason of the occurrences and transactions associated with the taking described in the complaint filed in Civil Action No 110 Selectmen's Meeting May 24, 1976 339341, whether heretofore or hereafter accruing and whether now known or not known to the parties hereto 3 The Town of Lexington agrees to direct its collector of taxes to dissolve the aforesaid liens described in Certificates of Municipal Liens Nos 8 and 9, dated January 6, 1976, by filing in the Middlesex South Registry District a certificate that the assessment constituting the lien together with any interest and costs thereon has been legally abated. 4 Ralph D Cataldo agrees that he will not perform soil mixing operations or other activities of a similar nature except during normal business hours, under such conditions (including wind and other climatic conditions) and at such locations on his premises as will minimize the dust, noise and other detrimental effects on the suurounding property and on the inhabitants of the Town of Lexington Mystic Valley Mrs Miley discussed the request for a nominee for election to the Council for Board of Directors of Mystic Valley Council for Children She informed Children the Board that she had contacted Mrs Winifred Friedman, who enthusias- tically agreed to have her name considered by Mystic Valley Upon motion duly made and seconded, it was voted to submit to Mystic Valley the nomination of Mrs Winifred Friedman for election to the Board of Directors of Mystic Valley Council for Children Chairman Kassler announced that the Board has an appointment in Executive Session with Chief Corr to discuss a matter of personal repu- tation and Mr O'Connell has a matter concerning a personal reputation Executive Upon motion duly made and seconded, it was voted by a 5-0 roll call Session to go into Executive Session for the purpose of discussing the reputa- tion of people Open Mr Herbert Grossimon questioned whether the person being dis- Meeting cussed in Executive Session has been informed? Law Chairman Kessler- Mr O'Connell's subject is not here but, as far as Chief Corr, yes Mr Grossimon I would point out that the Open Meeting Law says that it can be held in open meeting if the person so requests Chairman Kassler As in any matter, that is open to interpretation Personally, I don't think that if the name is discussed, he has to be brought into the meeting; because, in effect, you totally hamstring the governing body and, until I am convinced that no person's name can ever be brought up in Executive, I don't interpret the law that way Mr Grossimon That is why I asked Town Counsel It is Town Coun- sel's opinion that is the law Mr Cohen Mr Grossimon came to me and we discussed it He said that it is a question and there is a flaw, and I said that he did have a point, but the Legislature is trying to make a change to make it workable Chairman Kassler Are you saying that under no circumstances can any person's name be brought up without informing that person and not give him the opportunity to come in? iii Selectmen's Meeting May 24, 1976 Mr Cohen There aren't anycan't court cases You can t go into Execu- tive session if an individual requests it for open meeting I tend to side with Dr Kassler as it really is unworkable There have been no court cases Dr Kassler I know of no cases Mr Bailey The intent of the law is to give the person recourse if he feels he has been injured. I interpret it as a protective thing Mr Grossimon If it is scheduled, that person should be informed Chairman Kassler to Mr O'Connell Has the person you are referring to been informed? Mr O'Connell Yes, in a sense, as it involves whether or not there is to be a meeting If so, the party has said that he would desire to be represented On the question of the other individual, yes, the individual is aware of it If they are affected, the parties would be present at a meeting when appropriate action is taken Mrs Scigliano Based on what he has just said, I don't think there is a right for Executive Session Mr Cohen This is the type of thing where real thought can be given to it by the League of Women Voters Chairman Kassler We are going into Executive Session with Chief Corr and also with Mr O'Connell for a reason he feels warrants Executive Session I am going to accept it and if anyone wants to challenge I declare Executive Session as the Board has voted After discussion of matter concerning the reputation and character of persons, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 11 30 p m A true record, Attest Executive Clerk, Selectmen 11. 2 SELECTMEN'S MEETING June 1, 1976 1 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Tuesday, June 1, 1976, at 7 30 p m. Chairman Kassler, Messrs Bailey and Buse, Mrs Battin, Mrs Miley; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present Police Mr O'Connell informed the Board that he had looked into Mrs Towing Miley's question on the proposed Selectmen's Policy on Police Author- Policy ized Towing concerning the requirement of storing 25 cars This stems from the Board of Appeal's permit to Mr Biantedosi to park, temporarily, not more than 25 vehicles on his land at Lincoln Street, subject to the condition that cars should be parked at the rear of the garage After discussing it further with Mrs Miley and also talking with Mr Briggs, that permit deals mainly with the use of the land and it appears that the Board of Appeals granted a special permit, which seems to fit the business on the premises, whether or not that includes towing Chairman Kassler We should be able to find a reasonable number to use on "The qualifications include meeting all Zoning B-Law requirements including capacity to store ? cars in Lexington " Before we authorize any more companies, we should have Mr O'Connell check it out Currently we have three authorized companies and we will proceed along these lines until we hear something else The Board agreed that Mr O'Connell is to come back with additional information Harrington Mr O'Connell informed the Board that Mr Page, Chairman of the Seedling Harrington Seedling Committee has requested the appointment of Mrs Iris Committee Wheaton to the Committee Upon motion duly made and seconded, it was voted to appoint Mrs Iris Wheaton a member of the Harrington Seedling Committee Coordinator Mr O'Connell recommended that the Board approve the position of Co- Council on ordinator of the Council on Aging at a temporary, part-time position for Aging up to 20 hours a week at a rate of $4 00 per hour, pending further review Upon motion duly made and seconded, it was voted to approve the position of Coordinator of the Council on Aging at the rate of $4 00 per hour for up to 20 hours, pending further review Masciulli The Board discussed the bid from Mr Ralph J Masciulli, 59 Valley- Tax Title field Street, for the purchase of Lot 26, Assessors' Map 24, located on Lot Valleyfield Street It was agreed to invite Mr Masciulli to meet with the Board on June 7, 1976 to discuss his plans if Lot 26 is sold to him The Board discussed the request from Mr Mark Moore for the installa- 1 3 Selectmen's Meeting June 1, 1976 tion of Town and County lights on Lois land and it was agreed to discuss Mark Moore the matter further on June 7, 1976 Lights on Lois Lane Chairman Kassler read a request from the Follen Church for a special liquor license to sell beer during an auction on June 5, 1976 1-Day Liquor Chairman Kassler• We have re eived a letter on a particular problem License in that the Committee feels that th y will not clear $25 00 for the license and, perhaps, the license could be ssued at a reduced fee The Board agreed that there c uld not be a reduced fee if the request is for beer only The Alcoholic Be erages Control Commission has set the regulations for a special license f r all alcoholic beverages Upon motion duly made and seconded, it was voted to issue the special one-day liquor license, at a fee of $25,00, to the Follen Church on June 5, 1976 Chairman Kassler read a report: from Mr McSweeney concerning the 46 Garfield request for a sewer extension on Garfield Street "For some months now, Sewer Mr Steven E Cox has been negotiating the purchase of an existing house Extension located at 46 Garfield Street Ban]: financing of this purchase is possible and is contingent upon the provision of sewer to the property Because Town funds are not available, Mr Cox is willing to have this work done at his own expense This department: has investigated this request and finds that it is feasible to sewer 46 Garfield Street with a 185 ft ex- tension manhole in Elm Street and, for that reason, recommmends approval of Mr Cox' s request The estimated cost to do the work is $5,666 00 Mr Cox is willing to provide the Town with a passbook in the amount of $6,000 00 in order to cover the cost of this work Once the necessary documents are prepared, this project will be added to an existing sewer contract Upon motion duly made and sec nded, it was voted to approve the recom- mendation of the Director of Public Works/Engineering to sewer a home lo- cated at 46 Garfield Street by an e ension of 185 feet from the existing manhole in Elm Street at the expens , of Mr Steven E Cox, in the estimated amount of $5,666 00, subject to the condition that Mr Cohen, Town Counsel, approves the steps to be taken with respect to the passbook, in the amount of $6,000 00, to cover the cost of the project Mrs Iris Wheaton, President of the North Lexington Association, and Hennessey - residents of the area surrounding the Hennessey property met with the Horse Shows Board to discuss the use of the rec eation area for horse shows Mrs Wheaton We are here to ask the Board of Selectmen to enforce the regulation on park and recreati nal facilities in the Town of Lexington We have been discussing this since ast November with the Recreation Com- mittee and one of the regulations a tually comes under the Selectmen for driving, parking in a park, school nd recreation area I am not opposed to horse shows Mr Lloyd Gilson is with me and will make a statement that neighbors circulated a petition in the area immediately surrounding the Hennessey land and there are 14'' signatures of abutters 1.14 Selectmen's Meeting June 1, 1976 111 Mr Gilson The Board knows where the Hennessey estate is, basi- cally in Precinct 7 corner of Mountain Road across from the Estabrook School The land is town-owned land and has been designated for recrea- tion and it comes under the Recreation Committee Last year, the Lexing- ton Light Horse Club petitioned the Recreation Committee to have five horse shows on the Hennessey land To our knowledge, they were held, and also one by another organization The field is more of a meadow than anything else and is used by residents It is the only land designated for recreation that I know of Children in the TArning Mill area use it as an open recreation area and also used by children to go to the Estabrook School It suffered permanent destruction when the ring was put in; the grass is gone and there are ruts from vehicles where the horses are driven out there There were horse shows during rainstorms and the ruts are still there Mr Busa of the Recreation Committee has pictures We have quite good documentation of the shows not being well supervised, and horses running around causing destruction The public address system starts up loud and starts early and goes late It will be reduced to having nothing but horse shows and the Recreation Committee must recognize that it was proposed to make it permanent for horse shows DPW attempted to fix it by reseeding and put gravel on to cover the ruts Despite de- struction to the field, the residents' petition is quite moderate but they object to horse vans, vehicles and that kind of thing Since the last meeting of the Recreation Committee, there has been no firm decision yet as to whether vehicles will be allowed However, a circulated map showed a couple of potential parking areas, and they are on the field That is certainly one plan envisioned by the Recreation Committee and it looks to me like a plan to let the vehicles in and out We would like to see a total ban of vehicles on that field. Last year, the Lexington Horse Club parked vehicles (vans and cars) in the Estabrook parking lot and they were able to run a horse show on that basis If they could do it once, they could do it again and keep vehicles off the field The Selectmen's rule #7 says that it is forbidden to operate or park on park grounds, and I believe this field is covered by this After a lengthy discussion, it was agreed to invite the Recreation Committee to meet with the Board and all interested parties on June 7. Moon Hill Resident of Moon Hill area met with the Board to discuss the sewer Sewer project Mr McSweeney We had an informational meeting on May 6 and we ex- plained preliminary plans for the end of Moon Hill involving 35, 37, 38, 39 and 40 Moon Hill Road We had three or four alternatives and investi- gated each with the group present, showing costs and intended easements to be taken Moon Hill will be sewered from two different directions and we still recommend that it be done by gravity The costs are Lower section- $33,900; Upper section-$36,600; Easements-$71,400; Town Cost-$141,900; Service Cost-$2,600; Total of $144,500 Basically, we are saying we are reducing the owner' costs on three of them by $9,000 Dr Kessler I compliment the Engineering Department for a thorough investigation of possible routes and taking into consideration the concerns 1 . 5 Selectmen' s Meeting June 1, 1976 ofeo le of the area. The residerts P idents are all pleased and so is everybody else Mrs Thompson, 40 Moon Hill Road I agree with you that a remarkable job has been done by the Engineering Department Mr McSweeney• We will have for next week the plans with the intent of taking the easements Moon Hill residents retired from the meeting Chairman Kassler read a recommendation from Mr Roland B Greeley Assoc that Mr John R. Packard be appointed to fill the vacancy on the Historic Member Districts Associate Membership Historic Upon motion duly made and seconded, it was voted to appoint Mr Dists Comm John R. Packard an Associate Member of the Historic Districts Commission, representing the Historical Societ , for a term of office to Jan 1, 1979 Mr Alan T Aronson, owner of the Lexington Transportation Co , and Lexington Chief Corr met with the Board to discuss complaints regarding the condi- Taxicabs tion of taxicabs Chairman Kassler• Chief Corx has indicated that he will make spot checks of the cabs and we felt that we would like to discuss it with you Mr Aronson. Assurances are forthcoming It is a difficult posi- tion when you consider these cars are used by 40 people during the day The cars are washed and vacuumed orce or twice a week Chairman Kassler These care are for public use and it would seem to me if the owner of the company were interested in keeping the cars clean, he would make spot checks. Mr Aronson. This is done and have made it known to the drivers Chief Corr suggested that the Board give Mr Aronson two or three weeks to make sure all cabs are in good condition Upon motion duly made and seconded, it was voted to extend the current license to June 21, 1976 and, at that time, a report is to be given by Chief Corr to the Board concerning the condition of all cabs owned by the Lexington Transportation Company Chairman Kassler read a request from Region Three, Mass. Department Permit - of Mental Health for permission to use the turning circle at the end of Park Drive Park Drive for pony rides A report from Mr George Smith, Health Director, states that he has no objection but points out that a license is needed from the Mass Horse Program Section A report from Mr McSweeney, Director of Public Works recommends that approval be granted Upon motion duly made and seconded, it was voted to grant permission to Region Three, Mass Department cf Mental Health, to use the turning circle at the end of Park Drive fox• pony rides on June 8, 1976 from 11 00 a m. to 12 00 Noon, subject to the regulations of the Board of Health, the Mass Division of Animal Healti., and the Public Works Department Chairman Kassler read a request from the Ceramic Guild for permission 116 Selectmen's Meeting June 1, 1976 Permit- erm to use the Buckman Tavern grounds Buckman Upon motion duly made and seconded, it was voted to grant permission Tavern to the Ceramic Guild of the Arts and Crafts Society for the sale of pottery Grounds on June 19, 1976 on the Buckman Tavern grounds, from 10 00 a m. to 6 00 p m. subject to the regulations of the Public Works Department Bike-a-thon Chairman Kassler read a request for a bike-a-thon Upon motion duly made and seconded, it was voted to grant permission to the American Diabetes Association for a bike-a-thon on June 6, 1976 at 12 00 Noon from the DPW Barn to the Bedford town line, subject to the regulations set forth by the Town Manager and the Chief of Police Appts The Board discussed appointments of citizens to the Traffic Safety Traffic Committee and it was agreed to add three citizens to the present make-up Safety of town government members Committee Upon motion duly made and seconded, it was voted to appoint Mr John Blackwell, Mr Herbert Bogen, and Mrs Katherine Menand as members of the Traffic Safety Committee Chairman Kassler to Mr McSweeney, Chairman of the Committee The vote is with the understanding that this will be an experiment for all of us and we will review it with you whenever you think it is appropriate TOPICS The Board agreed to review preliminary plans, submitted by Mr Mass Ave / McSweeney, for traffic safety projects at Massachusetts Avenue and Pleasant St Pleasant Street; Waltham Street and Marrett Road Chairman Kassler announced that the Board has several matters for Executive Session concerning the reputation and character of citizens of the town The citizens to be discussed have been informed and will either be present or know that they will be discussed Mr O'Connell has one matter concerning collective bargaining Executive Upon motion duly made and seconded, it was voted 5-0 by roll call Session vote to go into executive session for the purpose of discussing the character and reputation of persons, and to discuss strategy with res- pect to collective bargaining After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 11 10 p m. A truerecord, Attest. 3° li/ 2 c •/ Executive Clerk, Selectmen l/ I 117 SELECTMEN'S MEETING ' June 7, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, June 7, 1976, at 7 30 p.m. Acting Chairman Busa, Mr BaiLey, Mrs Battin, Mrs Miley; Mr O'Connell, Town Manager; Mr McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present Mr Bailey moved to elect Mr Busa as Acting Chairman until such Acting time as Chairman Kessler recovers f:^om his illness Chairman Upon motion duly made and seconded, it was voted to elect Selectman Alfred S Busa as Acting Chairman o= the Board until Dr Kessler returns Acting Chairman Busa I have talked with Dr Kassler and he has given permission to give out a repot on his condition As far as the Doctors are concerned, his ailment .Ls due to a run-down condition caused by overwork plus a virus attack As of June 6, he is in good health On the Doctor's advice, he will take a week off to recuperate Mr Ralph J Masciulli, 59 Va_leyfield Street, met with the Board Masciulli to discuss his bid to purchase the Town-owned lot which abuts his prop- Tax Title erty, Lot 26, Assessors' Map 24, Valleyfield Street Purchase 111 Mr Busa. I raised the quest:Lon last week that if you wanted to Valleyfield put a garage on the land, you would need 5 or 6 feet of the lot Street Mr Masciulli Presently, our home is a 30 ft garrison colonial on a 50 ft lot and is situated 10 't on either side of the lot If we purchase this lot, eventually we would put on a garage The average one is 14 feet and it would have to extend 4 feet on the new lot We are interested in purchasing the lot whether or not we build a garage Mr Bailey- Part of the lot would be on the other lot? Mr Masciulli Yes, 4 feet Mr Busa. In talking with Mr Masciulli, I told him that if he wanted to take part of this lot for building, he should take 5 or 6 ft for an overhang of the building so .hat he would not be in violation Mr Masciulli I would like _t to be noted that we have a family agreement to split the lot, with 25 feet to one abutter and 25 feet to the other abutter If the garage is 14 feet, it would be on 10 ft. of the property now owned and 4 ft on the purchased lot; we would have 2 ft. to the imaginary boundary line .o split with the abutter Mr Bailey questioned Mr Masoiulli's bid of $500 00 for the lot Mr Busa To clarify that, I went back into the records and the price is similar to some purchased Years ago with restrictions on them. In my opinion, Mr Masciulli doesn't have to purchase this lot at all as he would have free use and access The only thing now is that he can restrict trespassing This will be on the tax role and Mr Masciulli and his neighbor will have to pay bette_ments and will end up paying about $2,000 for it. If you would like to have an appraiser look at it, fine Mr Bailey It will be on the tax role - I have no objection 118 Selectmen's Meeting June 7, 1976 Mrs Miley I am very familiar with that piece of land, having walked it in the fall Mrs Masciulli spoke to me and said that when tax title lots would be up for bid, they would be interested in that lot I move that Mr Masciulli' s bid be accepted Mrs Battin seconded the motion Mr Bailey As I understand it, it would be split down the middle with the other abutter and Mr Masciulli will have a garage with an over- hang In addition, Mr Masciulli will, through regular channels, be able to get a builder's permit Upon motion duly made and seconded, it was voted to sell and convey to Mr. Ralph J Masciulli, 59 Valleyfield Street, Tax Title Lot 26, Assessors' Map 24, located on Valleyfield Street, in the amount of $500 00, subject to the condition that this lot must be combined with an existing lot; permission is granted to construct an attached 14 ft garage with an overhang, with the understanding that compliance with all the rules and regulations of the Town would be necessary Also, Mr Masciulli is to pay betterment assessments of $243 99 for the sewer; $500 00 for the street; plus taxes for the portion of the year remaining after date of conveyance Hennessey The Recreation Committee and the North Lexington Association met Land - with the Board to discuss the use of the Town-owned land, formerly known Horse Shows as the Hennessey property, for horse shows 14. Acting Chairman Busa Last week, the North Lexington Association came before the Board and asked us to look into horse shows They had no objection to horse shows but suggested that we listen to four regula- tions regarding them. 1 All horse shows are subject to cancellation by Mr Paul Mazerall of the Lexington Parks Department and not the management of the horse shows 2 All vehicles are prohibited from the Hennessey land All driving and parking must be restricted to the paved parking area at Estabrook School adjacent to the Hennessey land 3 All horses must be kept under restraints and not allowed to graze freely on either the Hennessey field or on adjacent residential property 4 The use of loud speakers must be kept to an absolute minimum. Also, the level of any sound amplification system must be kept low so as not to destroy the tranquility enjoyed by both abutters and nearby residents Mr Daniel Busa, Chairman of Recreation Committee I am a little sur- prised and dismayed to be here because we had planned a hearing on Wednesday, June 9 After getting the notice from the Board, I polled the members of our committee to give me a vote as to how they felt the show should be con- ducted in that area This is nothing new for the Recreation Committee as we have been running them for several years, and whenever we put forth some activity, we consider the neighborhood We have done that I would like 119 Selectmen' s Meeting June 7, 1976 to read a report from the Committee "The goal of the Recreation Committee is to provide as wide a variety Recreation of recreational opportunities and involve as many Lexington residents as Report - possible and to do all in our power to increase the use of conservation Hennessey and recreational lands in which the Lexington taxpayers have invested so Horse Shows substantially It is also our goal to have these various recreational activities conducted in such a way as to minimize any adverse effects on any neighborhood We have been working with Dr Foley of the Light Horse Club for sev- eral years, and feel this activity is a valuable addition to our overall program. We have found the people involved in this group to be most co- operative in working to resolve any problems as they arise Based on the above, the Recreation Committee decided to allow the Light Horse Club to conduct five horse shows at Hennessey Field in 1976, but stated at the same time that we would review the situation and rules and regulations established in 1973 to resolve any problems created by past shows and avoid problems in the: future After considerable discus- sion and debate, the Recreation Committee feel the horse shows should be held at Hennessey Field as planned with the following restrictions 1 All horse shows are subject to cancellation by the Chairman of the Recreation Committee who will consult with Mr Paul Mazarell and Dr. Foley regarding the ground conditions on the days of the scheduled shows 2 All vehicles drawing horse treilers, together with said trailers, plus three or four official vehicles will be allowed to park on the Hennessey land All other vehicles will be restricted to the paved parking area at Estabrook School adjacent to the Hennessey land (If permission is necessary from the Board of Selectmen, the Recrea- tion Committee requests this permission for the above stated limited parking on Hennessey land ) 3 All horses must be kept under restraints and not allowed to graze freely either on the Hennessey land or an adjacent residential property 4 The noise levels of loud speakers must be kept as low as possible 5 The Light Horse Club will be responsible for policing the area during and after all shows Although the Recreation Committee feels a policy of field rotation would not be in the best interests of Lexington or the horse groups, we do not support a permanent ring on .he Hennessey Field at this time We agree with the North Lexington Association that this land was pur- chased by the town for recreation purposes and should be used as much as possible by as many people as possible We hope all residents will support our efforts to have all conserva- tion and/or recreational lands used more extensively in the future " 120 Selectmen's Meeting June 7, 1976 a Acting Chairman Busa Are there any questions of the Board. Mrs Miley I don't have questions but do have some observations I live on Robinson Road, just below the Hennessey property, and have seen the damage that has been done by vans and trucks on the field itself I feel that it is within the province of the Selectmen to vote on it I would prefer that horse shows be retained throughout the Town and to have one or two on the Hennessey land, not necessarily the Light Horse Show I would prefer not to have all horse shows on that piece of property Mr Bailey How many vans are we talking about? It strikes me that this is what caused most of the difficulty before Mr Daniel Busa I think it was the condition of the field last year Because of the condition of the weather (it was a rainy day) , the vans were brought in, and perhaps poor judgment was used and the show should per- haps have been cancelled There would perhaps be 30 vehicles All other cars would be on the Estabrook School parking lot Mrs Miley My concern was not only for the last one but for the damage they did to the field Acting Chairman Busa asked if there were any questions from the North Lexington Association Mrs Wheaton I have comments but not in rebuttal I am sorry that Dan Busa feels we have gone a little bit astray but we were going by the rules of park land and it does give jurisdiction to the Board of Selectmen These have been in effect since the late '60s There has been a long- standing position by the Selectmen regarding any vehicles on land in the Town I don't think we were upset more after this show; we are upset with the vehicles being permitted on this field in this number I think you would have a difficult time restricting vehicles on other land at other times I guess you are re-writing your own rules I hope the Selectmen will not abrogate and have no parking At the Recreation Committee meeting, Dr Foley was talking about 75 horses and, if that many are coming plus employees, there will be more than 30 horse vans I would ask the Select- men to clarify two vehicles - car and trailer Mr Dan Busa A car has to pull the trailer; 60 is the maximum number We decided, on the field, to select two areas Mrs Battin We apparently agree, but I support Mrs Miley that all vehicles be restricted As long as the Town is restricting them - the Selectmen or the Recreation Committee, I don't care - and, at this time, I don't want to decide on rotation of the area Acting Chairman Busa The precedent has already been set The carni- val was on park land; the Lions Club had a vehicle on the enclosed football field P T.A has vehicles on Town land Reports from Mr McSweeney and other members of the Park Department show that if it is a dry time of year, it could be cleaned up Mr Bailey They have to have vehicles on any piece of land. Mr Dan Busa Those people have to work out of the back of their trailer to groom the horses, and they have to have it close by Mrs Miley At the Westford grounds, the annual horse show does not allow vans near the ring They are parked a good distance away; it is much further than Estabrook 12.1 Selectmen' s Meeting June 7, 1976 Dr Foley, Lexington Light Horse Club I was at Westford d and young- sters and horse trailers were parked within 50 feet of the ring The Recreation Committee asked me to make an estimate of what the maximum number of animals and vehicles that might be on the Hennessey land. I came up with 75; that is as close as I could come Out of 75 animals, probably a third of them will come over land and not in trailers Acting Chairman Busa I believe that it is only under the jurisdic- tion of the Board of Selectmen to grant permission for the vehicles on the land Mrs Battin The other three decisions are under the jurisdiction of the Recreation Committee? Acting Chairman Busa Yes Mr Bailey I move that we prohibit trailers and other vehicles from the Hennessey land Mrs Battin and Mrs Miley seconded the motion Upon motion duly made and seconded, it was voted 3-0 to prohibit the use of trailers and other vehicles on the Town-owned land formerly known as the Hennessey property Mr Busa abstained. After discussion by the Board at a later date, it was voted to grant permission for horse trailers and vans to enter from Grove Street and to disembark the animals at the interesection of Robinson Road and the service road; vehicles to then continue along the service road and park in the Estabrook School parking lot Mr William Page and members of the Mt McKinley Climb Club met with Mt.McKinley the Board to request that the Lexington Bicentennial flag be loaned to Climb Club the group to bring to the top of Mt McKinley on their July 4th climb Board members presented the Bicentennial flag and wished them good luck and a successful climb to the top of Mt McKinley Mr Louis A Zehner, Treasurer, met with the Board to recommend that Town Treas- the Board approve the award of a bid to borrow $355,000 from the Shawmut urer - Money County Bank at 2 79%, notes to be dated June 15, 1976 and maturing on for Land October 1, 1976 He informed the Board that, over the past six months, Acquis we have been acquiring four parcels of land voted by Town Meeting in 1975 - Pinard, Mimno, Napoli, and Lexington Associates - for Conservation and Recreation purposes Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Treasurer to borrow $355.000 from the Shawmut County Bank at 2 79% interest, notes to be dated June 15, 1976 and maturing on October 1, 1976 Representative Carol Amick met with the Board to discuss the appli- Hanscom Fld cation of Stewart International Airlines for approval of a proposed Stewart commuter operation between Hanscom Field and Newark, New Jersey Internt'l Rep Amick. I just found out last week that Mr and Mrs Gilchrist Airlines of Framingham, representing Stewart, have filed a formal proposal for a commercial air service Representatives of Framingham have been lobbying 122 Selectmen's Meeting June 7, 1976 veryhard in favor of it I am veryconcerned and have contacted Burling- ton, ton, who has the same policy as Lexington, and Bedford Massport is having the hearing on June 10 and I could hand-deliver a letter from the Board re- affirming your policy and expressing your concern as there is to be a master plan for Hanscom. Acting Chairman Busa The Board still stands firm on the policy that 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 com- patible with uses in neighboring towns Access by road or public transportation should be planned in cooperation with the towns 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 Mrs Battin moved and Mrs Miley seconded the motion to reaffirm the policy established by our previous vote as noted in our letter of February 10, 1975 to Mr Sanborn Brown, Chairman of the Governor' s Hanscom Task Force, and thereby would oppose the Stewart International Airlines' pro- posal presently before Massport Mr Bailey I have no basis for changing my support of our original statement but as this goes down the pike and we get closer to a master plan, I would be reluctant to include this (Gilchrist) Our statement should stand on its own I have to go to New York often and it is ecolog- ically unsound for me to go to Boston when I could go to Hanscom. I don't know what the flights are, and I would ask that question, and it is not so awful as if they were going to run them up to 11 00 p m If I support a motion, it would be to stick with our original position and let Massport do what it has to do and hope we get a master plan soon Upon motion duly made and seconded, it was voted 3-0 to reaffirm the policy established by our previous vote as noted in our letter of February 10, 1975 to Mr Sanborn Brown, Chairman of the Governor' s Hanscom Task Force, and thereby would oppose the Stewart International Airlines' proposal presented before Massport Mr Bailey abstained Representative Amick agreed to hand-deliver a letter, addressed to Dr James Fay, Chairman of the Massport Board, presenting the position of the Board at the hearing on June 10, 1976 Mark Moore Acting Chairman Busa requested that the Board discuss Mr Mark Moore's Lois Lane proposal to place six Town and Country lights on Lois Lane St Lights Mr Moore was present and explained that there are 26 homes in the area, occupied by people who may stay here in Lexington Also, he has I_ 23 Selectmen's Meeting June 7, 1976 made a small contribution of land to Conservation Mrs Miley Would it save on the number of lights to be used if it were the standard type? Mr Moore Yes There would be six of each; that is my understanding Acting Chairman Busa We are awaiting a report from Mr McSweeney on the final dollar figure Mr McSweeney My original repDrt said that the lights are $162 vs $150 for the underground conventional lighting Mr Moore is proposing six lamps and we reviewed our light plan and would use six of our own As we said previously, on Fairfield Drive and Lois Lane we do not recom- mend the contemporary light for general use as it does not meet the re- quired standards for roadway safety in a public way, both for pedestrian and vehicular traffic The Design Advisory Committee has said that you would need four times the lumens I don't think there should be 18 or 20 lights as it is a short street "Do you have the same lighting?" was the question, and you don't We have approximately 6,000 street lights all over town and there must be at lease 1,000 in underground and subdivisions As I stated before about Fairfield Drive, we would be setting a precedent Acting Chairman Busa What is the pleasure of the Board? Mr Bailey' I haven't been able to look at similar types in sur- rounding towns Acting Chairman Busa There has been no motion for approval and, therefore, the installation of street lights on Lois Lane now reverts to the requirements of the Subdivision Control Act Mr O'Connell requested approval of the Board of a settlement with Drain DeMatteo Construction Co of $5,992 49 This is a long standing item Construc going back to Article 4 of June 20, 1966 Special Town Meeting for drain DeMatteo construction The Town has refused to pay the balance of $9,187 because Art 4 '66 it was necessary to hire another contractor to complete the work, which was not satisfactorily Mr McSweeney has worked out the agreement with DeMatteo, and Town Counsel is satisfied $3,200 was paid to the other contractor to fix the faulty work and it cost the Town $455 for repairs to the water main We have a balance of $12,627 in that Article available for payment Mr Bailey Will this close out the Article? Mr. O'Connell Yes Upon motion duly made and seconded, it was voted to approve payment of $5,992 49 to DeMatteo Construction Co as a settlement for work done on drain construction, as approved under Article 4 of the June 20, 1966 Special Town Meeting Mr O'Connell advised that when the Town Treasurer inquired about Chapter 70 the Chapter 70 reimbursement usually received about the end of June, he Reimburse- was shocked to hear that payment would not be forthcoming as Lexington ment had been overpaid in 1974 reimbursements and the Town would be losing approximately $605,000 under Chapter 766, special education needs Half of the amount would be deducted from this year's receipts with the choice 124 Selectmen's Meeting June 7, 1976 of paying back the rest in cash or having it deducted from next year's reimbursements Town Counsel said that there is no authority for cash repayment and the only alternative is to ask for deferment There is no question about the School Department but the problem arises out of a different interpretation by the State I met this morning with Mr Spiris and Mr Maclnnes of the School Department and they will prepare a state- ment outlining the background and explaining their position They plan to meet with Town Counsel to discuss the possibility of legal action to recover the funds The Board might want to alert our representatives in the legislature, although this is an action of the Bureau of Accounts Mr Bailey- Clearly, we should advise our legislators of the dilemma and vigorously pursue all possibility of legal action to resolve the matter Mr O'Connell The Board might wish to advise the Assessors to hold the tax rate unset Acting Chairman Buse The guidelines were set down by the State and the School Committee operated under them. The error was in the interpre- tation of other than the Town of Lexington I agree to hold off on setting the tax rate Mr O'Connell is to advise the Board of Assessors and to keep a close check of developments of the efforts of the School Committee Towing Mr O'Connell advised the Board that Chief Corr was satisfied with Policy the storage of 25 cars being added to the Towing Policy and, as Mrs Miley suggested, that storage be in Lexington Chief Corr was asked to watch the towing closely and to report to the Board on what the operating ex- perience is The following Policy of the Board of Selectmen on Police Authorized Towing was adopted by the Board. 1 The Police Department, using suitable criteria established by that department and approved by the Board in September 1975, shall deter- mine for any Lexington firm which customarily offers vehicle towing service and which applies for Town business, whether that firm ade- quately qualifies to provide police authorized towing work The qualifications include meeting all Zoning By-Laws requirements in- eluding capacity to store 25 cars in Lexington 2 The Police Department shall maintain a list of all qualified and authorized towing companies, from which towing assignments will be made 3 The established policy and procedure of having the vehicle owner or operator designate who shall tow his vehicle wherever possible shall be continued The owner's or operator's choice is not limited to the authorized list Police authority to order vehicle towing, when in the judgment of the responsible police officer it is required by public safety in- terest, is not restricted by the owner choice procedure 4 Towing assignments shall be made from the authorized list by the Police Department on a regular succession basis which will provide 1625 I III Selectmen's Meeting June 7, 1976 fair and equitable distribution le d stribution of work over a one month period The Police Department shall, after review with the towing firms involved, establish the most suitable schedule of work allocation 5 The Police Department shall issue a report monthly covering the towing work allocations made during that period Mr O'Connell discussed the bill. from the Transportation Advisory Transporta- Committee for $21 50 per day for riding MBTA buses for two days during tion Comm. a survey He recommended that funds could be obtained from the Mis- cellaneous Committees' Account 2370 The Board agreed that the Transportation Committee be reimbursed from Account 2370 in the amount of $ 3 00 Acting Chairman Busa requested he Board to Sign Contract 75-9-E Contract Upon motion duly made and secon ed, it was voted to sign Contract 75-9-E 75-9-E, awarded on May 10, 1976 to U ited Construction Company for Sewer & sewer and drain construction in the unt of $255,871 87; authorized Drains under Articles 20 of 1975; 21 of 197.); 17 of 1974 Acting Chairman Busa read a request from the Chamber of Commerce Chamber of to hang banners on private property Commerce Upon motion duly made and seconded, it was voted to refer to the Banners Building Department and the Board of Appeals the request from the Chamber of Commerce to hang banners on private property at Lexington Center, North Lexington, East Lexing=on, Countryside, and Marrett Road and Waltham Street interesection Acting Chairman Busa read a request from Attorney Stuart Liss to Sheraton change the name on the Sheraton-Lexington Motor Inn liquor license Lexington from Hotel Tara Limited to Dunfey Family Corporation, and to sign the Liquor request to the Alcoholic Beverages Control Commission for approval of License the change in name Upon motion duly made and seconded, it was voted to inform the Block Party Minuteman Associates Association tha_ the Board had no objection to a block party on Saturday, June 26, from 12 00 Noon to 9 00 p m. with a rain date of June 27, by blocking ofE Dudley Road and Geoffe Road, subject to the rules and regulations of the Police Department Upon motion duly made and seconded, it was voted to approve the Ambulance request of the Tax Collector to rescind the vote of May 10, 1976 to Abatement abate the ambulance bill of Louise Reed, Arlington, as the bill has been paid in the amount of $10 00 Acting Chairman Busa read a regaest for the use of the Green Permit - Upon motion duly made and seconded, it was voted to approve the Battle Gr request of the West High Band and Drill Team to use the Battle Green for a band concert and drill demonstration on one evening in August, subject to the supervision of the Town Manager and the Bicentennial Committee Selectmen's Meeting June 7, 1976 Summer The Board discussed a request from Mr McSweeney, Director of Public Landfill Works/Engineering, for approval of the summer schedule at the Hartwell Schedule Avenue Sanitary Landfill Upon motion duly made and seconded, it was voted to approve the rec- ommendation of the Director of Public Works/Engineering for a change in hours of operation of the Hartwell Avenue Sanitary Landfill from June 20 through Labor Day, September 6, 1976, as follows Monday, Tuesday, Wednesday, Friday and Saturday - 8 00 a m. to 5 00 p.m. Thursday - 8 00 a m. to 7 00 p.m. Sunday - Closed Also, the landfill is to be closed on three additional holidays Martin Luther King Day, Washington's Birthday, Columbus Day Mr McSweeney was instructed to make arrangements to advertise a no- tice in the Lexington Minute-man for the next two weeks and to have a large notice posted at the entrance to the landfill Special Acting Chairman Busa read an application from W R. Grace Co for a Liquor special 1-day liquor license License Upon motion duly made and seconded, it was voted to sign the 1-day special liquor license to W R. Grace Co for a retirement party on June 24, 1976, with a fee of $25 00 Moon Hill Acting Chairman Busa read a recommendation from Mr McSweeney re- Sewer garding easements for the Moon Hill Area Sewer Project Easements Upon motion duly made and seconded, the Board voted an intent to 111 take permanent and temporary easements for the Moon Hill Area Sewer Project under Contract #76-5-E Mrs Miley's Mrs Miley read the following statement Statement "I would like to request that the Town Manager direct the Police Police- Department to use forebearance during the week of graduation Graduation festivities There was an admirable demonstration of restraint Parties by all concerned during a party of 300 youths last Wednesday night I hope it will continue this week " Mr Busa I think the Policy Department has always used admirable restraint Mrs Miley I am emphasizing it this week Executive Upon motion duly made and seconded, it was voted by roll call vote Session of 4-0 to go into Executive Session to discuss strategy with respect to collective bargaining, and matters concerning personal services and the reputation of a person After discussion, 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 G " Z L 1 4t Executive Clerk, Selectmen V SPECIAL I III SELECTMEN'S MEETING June 15, 1976 A special meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Tuesday, June 15, 1976 at 7 30 p m. Chairman Kassler, Messrs Bailey and Busa, Mrs Battin, Mrs Miley and Mr O'Connell, Town Manager; Miss Casey, Principal Clerk were present Chairman Kassler opened the mee=ing by addressing Dr Foley who had L L Horse requested a meeting with the Board ralative to the forthcoming horse show Show at Hennessey Field. Dr Howard Foley, representing the Lexington Light Horse Club thanked the Board for granting this meeting .and requested permission to show a colored movie film of a controversiaL show that we held last October The film ran for approximately 10 minute.; and during this time Dr Foley ex- plained the set up of the field and low the show was conducted. It has been the contention of the North Lexington Association that vehicles parked on the field during horse shows has done irreparable damage to the field Dr Foley stated that he felt that the North Lexington Association has been trying every possible means to atop the horse shows Dr Foley stated that the Club has put on shows for the last several years, and the Recrea- tion Committee assigned them to Hennessey Field and to park the vehicles on the field and pick up all the debris Dr Foley explained that the film he was showing was of a show that was held the day after a heavy rain shower He stated that it was the day of the fifth show that brought out the complaints Dr Kassler intervened and stated that he didn't want to cut Dr Foley short, but the description that was finder question was one of parking Mr Bailey asked how many vehicles were on the field when the pictures were taken and were they all Lexington people Dr Foley replied that there wee less than 30 trailers and 10-15 cars and that 60 or 70% of the people wera from Lexington Mr Mazerall gave a report of tie damages to the field after the show and stated that the field would be buck in top shape in about two weeks Mrs Miley asked if the trailers make more than one trip and Dr Foley replied that one or two were required They were usually local trailers to pick up kids at the other end of 'Gown 90% come in and stay Mrs Miley asked where the shows were held before Dr Foley stated that one was held at Willard's Woods and three or four at Harrington School Dr Kassler asked if there were automobiles without trailers and people just parking Dr Foley stated that there wer: some that did He said that they would ride over there with the famili and pick up equipment and park the car there and work out of the trunk Mr Bailey asked if there was a:iy further comment from the North Lexington Association 128 Special Selectmen's Meeting June 15, 1976 Mrs Iris Wheaton of the North Lexington Association questioned the legality of taking a vote to change a vote She stated that the present meeting was announced as an informal work shop with the next meeting on June 21 Dr Kessler stated that it was posted as a legal meeting of the Board and as such votes could be taken He also stated that if he had confused people, he apologized. Mr Bailey pointed out that the concern of the Board was to consider this particular show before another show could be held Mrs Battin suggested a guide for the future would be to always notify both parties of a controversial issue when the Board plans to reconsider a previous vote so that all parties involved would be informed Dr Kessler stated that the intentions of everyone was obvious There are two groups of citizens in Town that are not getting along as they should be He felt that the situation could be worked out He stated that a vote would be taken at this meeting on one show only under the conditions that Dr Foley, Mr Mazerall and Mr Busa would attend the show and decide which vehicles can legally be parked at the time and, whether or not, in fact, any vehicle can be parked depending on weather conditions The vote is for one show on Sunday Mrs Miley stated that she had attended each one of the horse shows and had no objections to them. She stated that she did feel that the vans should be kept off the field and on the school yard Upon motion duly made and seconded, it was voted three to two, Mrs Battin and Mrs Miley voting NO, to allow the Lexington Light Horse Club to hold a horse show on Hennessey Field on Sunday, June 20, 1976, with the stipulation that Dr Foley, Mr Mazerall and Mr Busa would attend the show and decide which vehicles can legally be parked at the time and, whether or not, in fact, any vehicle can be parked depending on weather conditions Town Manager Dr Kessler addressed the Board and the audience stating that several Selection- past Selectmen who have remained active in Town affairs during the six Input from years of our Town Manager-Selectmen form of government have been asked to former give their feelings as to the pit falls and the problems in the selection Selectmen of a Town Manager He stated that as the selection process of choosing a new Town Manager begins, input from people with knowledge and experience along these lines would be helpful Mr Roland Greeley stated that as he understood it, the Act was deliberately drafted to provide for a weak manager system and that many of the responsibilities were deliberately withheld from the manager in Lexington to leave enough responsibility in certain committees to take advantage of a great resource rather than have a manager so strong that he would not make use of these committees He stated that he would not comment as to whether or not it is a good idea He stated that the Manager that was chosen had very great capabilities, but working with committees was not one of his strong points He felt that it was very hard to get an experienced and able town administrator, truly effective 111in working with the committees and dealing with the community through the f29 Special Selectmen' s Meeting June 15, 1976 committees He stated that he didn' t know how to find one He said that he was sure that they had asked all of the candidates what their feelings were in that connection, and all were very much interested in working with committees Mrs. Rif fin pointed out that the Town Manager had been in office for three years when she became a Selectmen She stated that she felt that there was much that was good about the Act and some things she had hoped would be improved She felt that the person chosen should be open to and responsive to the needs of the community He should have the ability to listen and know what people are saying He should have intelligence and ability, sensitivity to the needs of the Town, and be able to take the initiative and suggest policy Mr Mabee stated that he didn't have much more to add, but would point out that six years ago the Town was not as much polarized as it is now Any manager coming into the Town should be appraised of that fact and sen- sitized to both sides He felt that there were talented people in the Town that should be used judiciously and that the one that walks the middle of the line is not always the most effective Former Chairman, Allan Kenney said that he concurred with most of the statements that were made, and would suggest that the Town Manager Act be left alone. He felt that it was a moderate act with sufficient validity and the Town of Lexington has been relatively stable since the implementation of the Act He felt that Mr O'Connell did well to sur- vive the six years of transition between the new way and the old way He felt that the new Town Manager should be good in administration and dealing with the public and have experience in municipal bargaining He felt that the selection process was very involved He strongly endorsed the plan to rely heavily on the Personnel Advisory Board Dr Kessler stated that he would run through what the selection process was He stated that it started with two members of the Board of Selectmen and Mr Crain of the Personnel Advisory Board These three are to draw up a job description of the Town Manager Start the advertising process and the initial screening is going to be done by the Personnel Advisory Board All applications should be in by the end of July and there will be two weeks to screen out the obvious ones that don't meet standards The final selection will be by September 10 and a choice would be made in October Mr Butler of the Personnel Advisory Board read the ad as follows "TOWN MANAGER, Lexington, Massachusetts -- We seek someone who is professionally qualified, with proven ability, especially fitted by edu- cation, training and previous full-time paid experience in a responsible administrative position in government Our town of 33,000 people, twelve miles from Boston, has a budget of $10,000,000 and 300 employees (ex- cluding the school system) Successful applicant will be responsible to an elected five-member Board of Selectmen Salary is in the thirties Miniorities and women are encouraged to apply Application deadline is July 30, 1976 Send resume and salary requirements to Selection Committee, c/o Board of Selectmen, Town Office Building, Lexington, Massachusetts 02173 All replies will be held in strict confidence 130 Special Selectmen's Meeting June 15, 1976 An Equal Opportunity Employer/Affirmative Action Employer" During the remainder of the discussion, Mr Bailey pointed out that no Town Manager could be expected to attend every meeting of every board and committee Mrs Rif fin also pointed out that she felt that the Town employees should be brought into the selection process Dr Kassler said that a letter had already been sent to Department Heads, boards and committees asking for their suggestions Pole Upon motion duly made and seconded, it was voted unanimously to Concord grant approval of the petition of the New England Telephone Company and Avenue the Boston Edison Company to relocate one pole at the following location Concord Avenue on the southerly side, approximately 267+ (feet) west of Hutchinson Road " Campbell/ Mr Busa, as Acting Chairman, reported on the Campbell/Gilmore dog Gilmore hearing held on June 1, 1976 The hearing was held on complaint by Mr. Dog Daniel A. Gilmore that two Shepherd and Husky dogs owned by Mr George Hearing Campbell were a "nuisance by reason of excessive barking date and night and running loose" After discussion relative to the testimony at the hearing, the Selectmen voted to write to Mr Campbell and notify him of the decision of the Board that his dogs be kept under the following restraints 1 Muzzle the dogs continually and bring them into the house at 9 00 p m. or 2 Equip the dogs with electronic Bark-Training Collars and bring them into the house at 9 00 p m. or 3 Remove the dogs from the Town of Lexington Upon motion duly made and seconded, it was voted unanimously to notify Mr George Campbell of the above decision of the Board Block Upon motion duly made and seconded, it was voted unanimously to in- Party form Ms Carolyn T MacLerman that the Board of Selectmen has no objection to the residents in the York Street area conducting a block party by clos- ing off a portion of York Street from Woodland Road to Grant Street on June 19, 1976 from 7 00 p m. to 10 00 p m. subject to the regulations of the Police Department NET & T Co Chairman Kessler read a petition from the New England Telephone & Boston the Boston Edison Company for permission to relocate a pole on Concord Edison Pole Avenue No hearing was required Relocation Upon motion duly made and seconded, it was voted unanimously to grant permission to the New England Telephone Company & the Boston Edison Company for the relocation of a pole at the following location Concord Avenue on the southerly side, approximately 267+ (feet) west of Hutchinson Road, One (1) pole 21/23 One (1) pole to be removed The Board discussed the Police Policy Review Committee appointments and Chairman Kessler read the charge to the Committee 13 1' Special Selectmen's Meeting June 15, 1976 1 The Lexington Police Department Manual Committee (the Committee) Police shall consist of seven members appointed by the Lexington Board Policy of Selectmen (the Board) It is the intention of the Board to Review appoint to the Committee that Chief of Police and six other resi- Committee dents of the Town, at least one of whom shall be an attorney, for a term of one year 11 The Board will designate an acting chairman of the Committee for the purpose of convening the first meeting at which time the Committee shall elect a chairman and any other officers considered necessary 111 The Police Department Manual shall consist of the current Rules and Regulations of the Lexington Police Department, as approved by the Town Manager and the Board, and any other material which the Manager and the Board may from time-to-time designate 1V The Committee's charge is to review the Police Department Manual and to make recommendations to the Board as to revisions, amend- ments, and additions which may be deemed appropriate by the Commit- tee Specific matters on the Committee might advise the Board shall include, but not be limited to the following A. Recommendations as to the desirability of including in the Manual statements of public policy as to the circumstances and manner in which members of the Police Department are to exercise their powers, insofar as these statements of policy are not inconsistent with the legally mandated responsibili- ties already assigned to and exercised by the Department If such statements are recommended, specific wordings shall be provided B. The desirability of, and extent to which bulletins, direc- tives, and other written communications of the Chief of Police regarding policies and procedures of the Department or the conduct of members of the Department, should be incorporated in the Manual, and the means for effecting this C The distribution of the Manual D A mechanism for providingcontinued up-dating and review of P g the Manual E. Any other matters the Committee considers appropriate V It is the desire of the Board that the Committee report to the Board at least annually one month prior to the closing of the warrant for the Annual Town Meeting V1 The Committee is to function exclusively in an advisory capacity to the Board Copies of notices of all meetings of the Committee, agendas, minutes, etc shall be transmitted to the Executive Clerk of the Board at the same time they are distributed to the Committee Upon motion duly made and seconded, it was voted (Mrs Battin ab- staining) to appoint the following to the Police Policy Review Committee Chief James F. Corr, Lexington Police Department; Mr William C Hays, 29 Locust Avenue; Mr Alexander J Cella, 235 Worthen Road; Mr 111 Robert B Kent, 15 Patriots Drive; Mr Leroy Keith, 11 Birch Hill Road; Mr Hugh M Chapin, 3 Juniper Place; Mr Irving Mabee, 5 Tavern Lane (Mrs Battin abstained in the appointment of Cella preferring to sub- stitute Vernon Countryman 132 Special Selectmen's Meeting June 15, 1976 Upon motion duly made and seconded, it was voted to appoint Mr Robert B Kent as acting chairman who will convene the first meeting at which time a permanent chairman will be elected The Committee is to report back to the Selectmen in the Fall. Sanitary Chairman Kassler called upon Mr Jerry Martin of the Public Works/ Landfill Engineering Department to brief the Board relative to problem of the Sanitary Landfill The Board has received a letter from the Department of Environmental Quality Engineering on June 8 stating that the Depart- ment has completed reconsideration of all available information relative to the operation of the landfill The Department feels that the current operation of the facility contributes serious leachate production and, consequently, creates environmental and health problems The Department will not consider any further lateral expansion of the existing disposal project. It was further stated in the letter that if a suitable scheme for collection and treatment of leachate emanating from the landfill, and if a more definitive plan of action relative to continued operation and/ or proposed upward expansion of the facility is not submitted within thirty days, the Department of Environmental Quality Engineering will plan to take the necessary steps to require complete compliance with the Department's regulations and order phase out and closure of the refuse disposal faci- lity Mr Martin stated that the problem is complex, but the issue is simple We are now operating at a cost of $3 50 per ton and if we go to another method it would cost in the range of $18 00 to $30 00 per ton, and that $20 00 to $25 00 per ton is more realistic If we can maintain the existing site and make improvements, we would be up to $6 00 per ton He pointed out that the acceptable solution to the State would be that any run-off leaving the site be of drinking water quality He feels that the State is committed to a program that would steer the towns into a regional facility Dr Kessler It is my understanding that, if necessary, we can put that water into drinking quality, but it is going to be excessively ex- pensive Do we know what this is going to cost? Mr Martin This is an unreasonable stand to take You are talking about building a water purification plant. Mr Lambie The letter implied that the Town is causing a serious health problem. I think what' s behind it is that the State is more in- terested in keeping us pressured to make us willing to move into regional programs The Attorney General's office is more willing to take action against towns As part of our plan we should find out what the health problem is If we are going to correct it, we should know what it is all about Maybe it is overstated Some attempt should be made to come up with an interim program Would they consider something like 80% accept- able rather than 100%? Dr Kessler We need to buy time We may be faced with a shut-down of the landfill Mr Martin We need to get some positive answers to questions We should meet with them on a technical level We have an area where the ' water is polluted--adjacent to Route 128 because the surface run-off from 1 .3 3 Special Selectmen' s Meeting June 15, 1976 2 1 8 is flowing into the rear of the sanitary landfill area This is the one area that we have been trying to correct for two years Mr O'Connell This is what we are searching for -- we have been trying to get the State to tell us what areas are deficient Request that they define the deficiencies Mr Bailey The State is very ambiguous about the conditions Has someone established that the down stream has leachate? Mr Martin. The water entering the site adjacent to Route 128 is polluted. The water level there is class 2B Mr Lambie We should find out about the health hazard Then we could come up with a plan that we could collect and treat the leachate to some degree and apply to the EPA for a permit to discharge into the stream. Mr Martin Most of the landfills have been closed down for serious violations In Lexington there aneno written rules that we are in viola- tion of We are in violation on interpretation that they will not define The only solution to the problem is through the courts Dr Kassler I would like to propose that we ask Mr Lambie, Mr O'Connell and Mr Martin to put in writing their proposal and maybe try a double pronged approach and buy some time Mr Martin We should collect data in view of a possible court ac- tion Mr O'Connell A positive action plan would not get State approval, but it would get us three to five years time Mr Martin The problem is that we have one area of trapped leachate going into the sewer system. The State claims it constitutes Class B Water Dr Kassler expressed his thanks for the update on the question and will write to David Standley, Commission of the Department of Environmental Quality Engineering for the Commonwealth requesting a meeting with he and Secretary Murphy to discuss the matter further Mrs Battin informed the Board that RePlace was looking for a new RePlace director and wondered if the Selectmen wanted someone on the Board to be Director in on the final selection It was agreed by the Board that Mrs Battin would represent them in this matter The Board again discussed the request of Mark Moore for permission to Mark Moore install Town & Country lights on Lois Lane Donald Noyes has called and Lights said that the people would be willing to pay the extra cost for the Lois Lane lights Mr Bailey suggested that Town Counsel could look into the matter and perhaps work out a plan that the Board could vote on The Board discussed the problem of the Melting Pot International be- Melting Pot ing forced out of their present location to be replaced by a bank It was brought out in the discussion that the Chamber of Commerce was going to appear at the hearing in opposition to another bank in Lexington Center Mr Bailey cautioned the Board about getting mixed up in dealing with I what goes on in the Center He pointed out that there would have to be 134 Special Selectmen' s Meeting June 15, 1976 1 a change in the zoning laws to prevent this Dr Kassler stated that he, too, was concerned about the appropriatness of the Board taking a stand in the matter It was agreed to discuss the matter further at the next regular meeting on June 21 Upon motion duly made and seconded, it was voted to adjourn at 10 15 p m. A true record, Attest l4L4 Principal Clerk, Selector 1 I 13 SELECTMEN'S MEETING June 21, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, June 21, 1976, at 7 30 p m. Chairman Kassler, Mr Bailey, Mrs Battin, Mrs Miley; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present Rev Harold T Handley, Director of Guides, introduced eight candi- Guides dates for appointment as official guides of Lexington On behalf of the Board, Chairman Kessler congratulated each one and presented a Bicentennial Guide badge with best wishes for a most success- ful tourist season Upon motion duly made and seconded, it was voted to appoint the following as official guides of Lexington for a term expiring June 1, 1977 Lynn Binstock Frederick H Hagedorn Stewart A. Sutton Julia Davies Peter Miller Tom Youngren Bill Fine Brad Schulz Richard John, Head Guide, recommended that Lexington Minute Men not Battle be allowed to fire muskets while the guides were conducting tours on the Green - ' Green and, also, that the DPW cut the grass early in the morning or late Min Men & in the afternoon DPW The Board to request the Minute Men to cooperate with the Guides during exercises on the Green, and to request DPW forces to schedule the grass cutting at a more convenient time for the guides Mr O'Connell requested the approval of the Board for him to appoint Appt Mrs Sara B Chase, 1 Grassland Street, to fill the vacancy on the Historical Historical Commission Commission Upon motion duly made and seconded, it was voted to approve the appointment of Mrs Sara B Chase by the Town Manager for a term of office to expire on April 1, 1979 Mr O'Connell updated the Board on increasing the insurance on Buckman Buckman Tavern It would be to the Town's advantage to have 80% cov- Tavern erage in the event of a total loss and it would be $120,000 in com- Insurance pany insurance, with an increase of $227 over the previous policy Mr O'Connell read a recommendation from DPW of the discontinuance Trees - of removing trees with dutch elm disease from private properties Pre- Dutch Elm viously, this was done as a means of protecting the Town's elm trees but Disease a current injection program has been carried out with very good results It was pointed that no other city or town still carries out this practice of removing trees on private property This, however, would not eliminate the need for spraying elms; the control measures for dutch elm disease, as it now stands, is 90% by sanitation work and 10% by spraying The dis- continuance of this policy will allow DPW to do more pruning of Town trees, I _ 136 Selectmen's Meeting June 21, 1976 which have been neglected for many years Upon motion duly made and seconded, it was voted to approve the rec- ommendation of the Director of Public Works/Engineering to discontinue the policy of removing trees with dutch elm disease on private properties, with the exception of particular instances where such trees would be in close proximity and have a detrimental effect on Town trees Town Mr O'Connell advised the Board that problems reported by the Fence Fences Viewers have been acted upon It is under the jurisdiction of the Build- ing Commissioner to follow up and resolve the matter of a fence at 61 Bow Street which should be repaired and put in good condition Also, the fence at 674 Waltham Street should not have been erected and must be re- moved; this is under the authority of the Town Manager and will be taken care of July 4 Mr O'Connell informed the Board that it is necessary to have Sunday Carnival- licenses for games of chance at the Lions Club carnival on Sunday, July 4 Sunday The local authority may grant a Sunday license, subject to written approval Licenses of the State Department of Public Safety The statute says that a fee up to $10 00 may be charged; the State fee is $2 00 There are 38 concessions involved Upon motion duly made and seconded, it was voted to grant Sunday licenses for 38 concessions at the Lions Club carnival on July 4, 1976, at a fee of $2 00 each, and to authorize Chairman Kassler to sign each license, subject to approval of the State Department of Public Safety 1976-1977 A list of jurors was submitted to each board member for approval Jurors Upon motion duly made and seconded, it was voted to approve the 1976- 1977 list of jurors for the Town of Lexington, which is to be submitted to the Middlesex Clerk of Courts 1976-1977 Chairman Kassler requested the decision of the Board regarding the Election list of 1976-1977 Election Officers, as submitted by the Town Clerk Officers Upon motion duly made and seconded, it was voted to appoint the following Election officers for a term expiring September 1, 1977 DEMOCRATS Mrs Lorraine C Baron 236 Worthen Rd Mrs Ann M. Baum 4 Wright St Mrs Gloria J Bresnihan 14 Holton Rd Mrs Mary C Casey 22 Valley Rd Miss Marguerite A Cronin 96 Emerson Gardens Mrs Elizabeth F Downey 1 Stimson Ave Mrs Eileen J Fradette 35 Grapevine Ave Mrs Helen G Garten 11 Fairview Ave Mrs Catherine F Hooper 50 Valleyfield St Mrs Helen M. Hoyle 7 Marshall Rd Mrs Mary C Joseph 32 Eldred St Mrs Rita E Kiley 37 Wachusett Dr 137 Selectmen's Meeting June 21, 1976 DEMOCRATS (Continued) Ms Evelyn T Lawson 63 Woburn St Mrs Edna Marshall 18 Oxbow Rd Mrs Joan H McDonough 123 Grant St Mr Henry P Meade 17C Roger Greeley Mrs Marjorie Modoono 285 Woburn St Mr L Francis Murphy 5 Bennett Ave Mrs Mary G Oliver 610 Waltham St Mrs Margaret M. Potter 4 Lawrence Lane Mr Joseph 0 Rooney 222 Waltham St Mrs Helen C Rooney 222 Waltham St Mrs Dorothy A. Shine 11 Utica St Mrs Marie T Walton 5 Spencer St Mrs Anne C Williamson 150 Grant St REPUBLICANS Mrs Gloria D Colbert 6 Tewksbury St Mrs Mildred M. Cronin 14 Utica St Mrs Caroline F Deloury 99 Spring St Mrs Florence M. Downe 112 Bedford St Mrs Norma E Ebbs 5 Brent Rd Mrs Ida B Fisk 10 Spencer St Mrs Carol A. Goldthwait 30 Baker Ave Mrs Rose J Grant 16 Hillcrest Ave Mrs Agnes Heimlich 796 Mass Ave Mrs Sally S Hooper 282 Bedford St Mrs Mary F Irwin 6 Grove St Mrs Winifred C Ivester 56 Woburn St Mrs Caroline P Johnston 8 Wilson Rd Mr Harold W Josephson 97 Emerson Gardens Mrs Alice G Marshall 9 Independence Ave Mrs. Mary G McCauley 75 Spring St Mrs Irene Norcross 50 Forest St Mrs Helen L Perry 16 Ellison Rd Mrs Dorothea J Russo 580 Lowell St Mrs Dolores M. Swan 18 Bedford St Mrs Elinor M. Vassallo 145 Grant St Mrs Virginia M. Warner 71 Adams St Mrs Margaret S Wilson 103 Meriam St Mrs Marjorie E Wirpio 22 Bartlett Ave Chairman Kassler requested approval of the Board of the Assistant Bond- Town Clerk's bond. Asst Town Upon motion duly made and seconded, it was voted to approve the bond Clerk of the Assistant Town Clerk in the amount of $2,000 Mr Robert Bicknell, representing the Lexington Chapter of the AFS AFS Request International Scholarships, met with the Board to request funds for bus trips for visiting students Mr Bicknell We are to be the host for thirty-five students coming Selectmen's Meeting June 21, 1976 to Lexington and we are talkingabout havingone bus for three different 9 days to take trips to Cape Cod, Boston, Concord and Lexington environments Assuming that we would use a school bus, the general cost would be about $100 a day We would appreciate anything you could do to help us set up our program. After discussion, it was agreed that the Lexington AFS Chapter should contact Lexington service organizations for donations, with the full co- operation of the Board Taxicabs Mr Alan Aronson, owner of Lexington Transportation Co , met with the Board for a discussion on the condition of his taxicabs Chairman Kassler I am a little bit puzzled as I thought the Board was pretty direct in its feelings the last time we talked We do not feel very comfortable granting a license to a cab that is dirty, unsafe and un- fit to ride in We thought you were going to do something about it Mr Arsonson. i did. Chairman Kassler Not according to the report from Chief Corr It is the feeling of the Board that it would be very difficult to get a cab in Lexington that is clean and up to standards Also, those bald tires concern me Mr Aronson It does me, too We go through tires Chairman Kassler That is your business Mr Aronson May I point out that you have one of the finest in New England; you are looking at it rather narrow Granted they are dirty at 2 00 or 2 30 p m. In the year we have been in Lexington, there has been not one resident of the Town who has been hurt, and you have not received one complaint in Town Chairman Kassler We have received lots of complaints of taxis being dirty and unfit to ride in in Lexington I feel sure that we can get another taxi company that will keep them clean and safe - and that means tires that are not bald It takes less than a minute to clean out obvious trash On occasion, I think you might have justification for incidents, but when six cabs are inspected and six cabs are found wanting, I don't think there is justification You have plenty of time to have them cleaned. It has been suggested to the Board that we grant one more probationary period, during which time we will ask Chief Corr to make inspections and, if there is one more violation, we will decline to issue licenses and get another cab company We will give you another two week period We are not asking for anything unreasonable and would like to see some safe, clean cabs in Lexington If you can't provide them, we will get somebody who will In two weeks, we hope there is a satisfactory report Mr Aronson Summer employment is made up of young men out of college You people are very strict in your requirements Upon motion duly made and seconded, it was voted to grant an exten- sion of the current taxicab licenses until July 6, 1976 Mr Aronson retired from the meeting Square Chairman Kassler read a request for a square dance on July 3, 1976 Dance Upon motion duly made and seconded, it was voted to grant permission 139 Selectmen's Meeting June 21, 1976 ' to Five Fields Inc for a Jul square dance on (rain date q Y 3 July 4) from 7 00 p m. to 1 . 30 p m , subject to the regulations of the Police Department. Chairman Kessler read a request from the Library to conduct a pet show Library Upon motion duly made and seconded, it was voted to approve the re- Parking quest of Mr Robert Hilton, Library Director, for permission to use the Lot parking lot behind the Library for a pet show on July 29, 1976 from 12 00 Noon to 4 00 p m. The Board discussed a request from Mr Charles J. Collazzo, Jr , Collazzo 2360 Massachusetts Avenue, for an abatement of his sidewalk betterment Mass Ave assessment because he feels that the sidewalk was not properly constructed Sidewalk to meet engine ring standards Assessment After dis.ussion, it was agreed to inform Mr Collazzo that according to a report re. eived, Mr McSweeney had written to him on October 18, 1973 stating that t e sidewalk was professionally designed and constructed with proper supervision in compliance with the best engineering practices, stan- dards and spec fications Also, that the wall was repaired shortly after it had been re;.•rted by Mr Collazzo, and this was accomplished by a work order dated Ap it 25, 1975 Therefore, after careful consideration, the Board agreed t -t the sidewalk had been constructed in accordance with Town standards and to reject your request for an abatement of the side- ' walk bettermem assessment As of June 30, 1976, the amount of $184 74 is due and payable to the Town of Lexington The Board of Selectmen accepted the list from the Town Clerk of 867 Unlicensed unlicensed dogs in the Town of Lexington Dogs Upon motion duly made and seconded, it was voted to sign the Warrant to the Animal Control Officer to seek out, catch and confine all dogs within the Town not duly licensed, collared, harnessed and tagged, accord- ing to G.L Chapter 140 Dr Kassler discussed the Old Res and the hazards of unauthorized Old Res swimming until is is officially opened He requested Mr McSweeney to make certain that it is properly posted to inform the public that it is not open until next week Mr McSweeney agreed to talk with the Recreation Committee Mrs BattLn recommended that the Board approve the membership-dues Human of $25 00 to join the Local Officials Human Service Council She ad- Services vised that if we become a member, it would be a means of communicating Membership with other towns on common problems Upon motion duly made and seconded, it was voted to approve payment of $25 00 for membership on the Local Officials Human Service Council Mr Paul MacKenzie, Chairman, and members of the Planning Board met TOPICS with the Selectmen to discuss the hearing on June 22 on the TOPICS pro- , jects Mr MacKenzie On the Marrett Road/Waltham Street intersection, we I40 Selectmen's Meeting June 21, 1976 reviewed the proposed re-designs of those of last Februaryand we don't P P 9 see any significant changes except straightforward widening of the street on the Gulf Station side and there would be no land taking One point We raised was the curb at Dunkin Donuts and, with re-design, evergreen plant- ing could take care of that Mr McSweeney. The plans you saw were submitted for the capital bud- get for the installation of traffic signals Comments will be forwarded to the State DPW and, in two weeks, they will hold a hearing Tomorrow is an invitational hearing and engineering will put in their comments Chairman Kessler- Do you intend to change some of the design between now and two weeks? Mr McSweeney Yes, and submit them back to DPW Mr Bailey Are these hearings to be held by the Board of Selectmen as the Board of Public Works? Mr McSweeney Yes Nothing will go out unless we all agree Mr Bailey This Board would feel a lot more comfortable if we had all the questions addressed Mr MacKenzie We pointed out in February that Mass Ave at Pleasant Street was an unusual intersection because of high concentration - a school and two churches The previous proposal was for residents to use Locust Street or Independence Avenue We have asked the Design Advisory Committee to look at it Where does the final design approval lie? Chairman Kessler Right here with the Board of Selectmen Mr MacKenzie We are convinced that you will listen to us Chairman Kassler to Mr McSweeney We will let the contract? Mr McSweeney Final approval is with the Selectmen Center Chairman Kassler discussed the petition of the Cambridgeport Savings Banks Bank to the Banking Commission to establish a branch office at the loca- tion now occupied by the International Melting Pot Mr MacKenzie We have drafted a letter to the Banking Commissioner that land use of the Center must meet the requirements of tourists and we pointed out that we now have six banking facilities in the Center This is an unusual concentration of banks One of us will go to the hearing Mrs Battin In our letter, instead of saying that we do not want another bank we could say that the Melting Pot is a valuable asset to the community Mr Bailey I think it inappropriate for this Board to take action but, as individuals, that's the way to do it It is not appropriate for this Board to get involved. Mrs Miley- Perhaps Mr Cohen could comment Mr Cohen My own feeling, originally, was that the Planning Board could very appropriately send a letter to the Banking Commissioner but I think that the Town should be careful not to interfere with private busi- ness relationship Mrs Battin It's not that we don't want banks out but that the Melting Pot is an economic asset Mr Zabin, Planning Board The Planning Board does not have the in- fluence nor the clout of the Board of Selectmen I disagree with Mr Cohen 1AI Selectmen's Meeting June 21, 1976 It is not aestion qu of interfering with private business but discharging our duty to the community as a whole There are private economic activi- ties which are good and economic activities which are bad for communities It is perfectly proper to make its influence felt in the interest of the community as a whole, and I would hope there would be a spokesman there for the Selectmen either in writing or present, or both Mr Bailey Part of the problem here is that you aren't saying exactly what you mean to say You are saying that the Melting Pot should stay where it is It seems to me I read somewhere that arrangements would be made to keep them in Lexington If that' s what you mean - if you mean to say that the Board of Selectmen and the Planning Board want it to stay in Lexington Chairman Kessler We would say that the Board feels that the Melting Pot is an asset to the community and an asset to the business district, without saying anything further Mr. Bailey• Mr MacKenzie said that we don't need any more banking Mr Cohen I agree with Mr Bailey It is very difficult as the Board has no idea of what the rent is - perhaps the owner could go bankrupt There are all sorts of economic conditions here and the Board should not get involved in that Mr. MacKenzie We could draft a letter not referring to what is there but say that we don't need another bank but a diversity of interest Upon motion duly made and seconded, it was voted to adopt the follow- ' ing statement to be presented to the Banking Commissioner "The Board of Selectmen is of the opinion that the Melting Pot International is an asset to the Lexington Center business area and that there are presently more than enough banking offices in Lexington Center " Mrs Battin agreed to attend the hearing and to present the Board's statement to the Banking Commissioner Chairman Kassler read an application for a Common Victualler's license Common Upon motion duly made and seconded, it was voted to issue a Common Victualler- Victlaller's license to Chadwick's, 903 Waltham Street, with Mr John Ward Chadwick's as Manager; hours of operation from 11 00 a m to 11 00 p m , subject to periodic inspections by the Board of Health Chairman Kassler discussed the Lexington Light Horse show He felt Horse Show that the Board should agree on follow-up procedures as permission had been granted for one show and the matter should be reviewed after the show has been conducted. The Board agreed to a review before permission is granted for another horse show Upon motion duly made and seconded, it was voted 4-0 by roll call Executive vote to go into Executive Session to discuss strategy with respect to Session collective bargaining and litigation, the reputation of a person, and personal services After discussion, 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 /` V hC L Executive Clerk, Selectme 142 SELECTMEN'S MEETING July 6, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Tuesday, July 6, 1976, at 7 30 p m. Chairman Kassler, Messrs Bailey and Buse, Mrs Battin, Mrs Miley; Mr O'Connell, Town Manager; Mr McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present 1975 Mr Louis A. Zehner, Chairman, and the Town Report Committee, met Town Report with the Board. Award Chairman Kassler congratulated Mr Zehner and members of the Town Report Committee for the outstanding achievement of winning the Award of Excellence for the 1975 Annual Town Report, awarded by the International Institute of Municipal Clerks at the conference held in Hawaii The report was submitted by Miss McDonough, Town Clerk, and she had accepted the award on behalf of the Town of Lexington and the Town Report Committee Towing Mr O'Connell informed the Board that Chief Corr had issued an order to his department on towing; Mal's will be called during the day from 8 00 a.m to 4 00 p m. and the work will be divided evenings on odd days of the month to Bob's Towing and B & R Towing on the even days of the month. Contract Mr O'Connell recommended that the Board award Contract #77-16-E 77-16-E to the lowest bidder, D. L. Jones Subsurface Investigations, Inc. , Test Peabody, for test borings in various locations for the purpose of de- Borings signing roadways, various underground utilities and structures on a periodic basis, in the amount of $8,400. Authority is contained in various construction articles. Each contract is assigned when needed, and each project is implemented by Engineering Upon motion duly made and seconded, it was voted to award Contract #77-16-E to D. L. Jones Subsurface Investigations, Inc. , Peabody, for various test borings, in the amount of $8,400. Chap. 70 Mr. O'Connell read a letter, addressed to Mr. Zehner, Treasurer, from School Aid the Department of Corporations and Taxation, as follows: An external audit by the Department of Education of Lexington's claim for aid under G L. Chapter 69 and 71 for the fiscal year ended June 30, 1974, resulted in an adjusted amount due Lexington of $511,387. The original amount certified and paid to Lexington was $1,156,371. This was an overpayment of $644,984 Because of audit adjustments, it was also necessary to reduce School Aid, B.L. Chapter 70 to Lexington by $1,304.99, bringing the total overpayment to Lexington during the 1975 fiscal years to $646,288.89 The Town of Lexington is due $319,081.10 on June 29, 1976 for School Aid, G.L. Chapter 70. This amount is retained by the Common- wealth and credited to the overpayment of $646,288.09 leaving a balance outstanding of $327,207.89. Unless this balance is remitted, it will be deducted from your 1977 distributions." 143 Selectmen's Meeting July 6, 1976 Mr O'Connell We will notget the $319,000 that we were ectin . exP g Before this State action, the tax rate forecast was estimated at $79-80; now we are facing $80-81 tax rate if we are not able to get it set aside. There is also a similar impact on next year's tax rate. If the Board concurs, I think the general public should be aware of what the State is doing; this is a wrong action. Mr. Bailey What is the status of any legal action against the Commonwealth7 Mr. O'Connell Town Counsel is working with the School Department on asking 15 cities and towns for group action against the State. The case may be based on a comparison of treatment of the Town and that of Wellesley; based on discrimination by the State between the two communities. The Board agreed to make it a public item of interest. Mr. O'Connell informed the Board that the Comptroller has received Council checks in the amount of $76.00 for the Lexington Council on Aging from on Aging the churchwomen of Lexington and collected on May Fellowship Day; $25.00 from the Pilgrim Congregational Church-Pilgrim Circle and $51.00 in donations Upon motion duly made and seconded, it was voted to accept the two checks totalling $76.00 to be deposited in the Council on Aging account in the Town treasury. Mr. O'Connell reported severe vandalism to the Old ides fence. Vandalism Chairman Kessler: If this doesn't increase our liability, it might Old Res be the answer to leave the gates open. Fence Mr O'Connell informed the Board of a request from the Christian Permit - Science Church for the use of Emery Park in Depot Square on Sunday, Emery Park August 12, 1976 for approximately one hour for a lecture with 300-400 Depot Sq. people present and seated. Mr Busa: I don't have any objection but there is the possibility of damage to shrubs and the monument with that many people. Mr O'Connell I think they are agreeable to limit the number of seats and they will have ushers. All roads will be left open Upon motion duly made and seconded, it was voted to grant permission to the Christian Science Church to use Emery Park on Sunday, August 12, for a lecture to be held for approximately one hour. Mr. Buse discussed the flagpole on the Battle Green He said that Battle the Town was to either appoint or assign someone to look into the founda- Green tion, and the Board should reaffirm that the Engineer's design group look Flagpole into the footing and foundation to see if it would be suitable for a new flagpole. Mr. McSweeney: We would want to have the flexibility of deciding that tomorrow. I have a private corporation handling it. The Board agreed that Mr. McSweeney is to oversee the project. Rev. Handley, Director of Guides, requested the appointment of Dikran Guide Appt. Kaligian, 30 Dewey Road, as an official guide of Lexington. 144 Selectmen's Meeting July 6, 1976 Uponmotion dulymade and seconded, it was voted to appoint 14r. Dikran Kaligian an official guide of Lexington for a term expiring June 1, 1977. LCSR Mr. Stanley Brown, Chairman, and members of the Lexington Commission on Suburban Responsibility met with the Board to discuss proposed amend- ments to the original charge to the Commission. Mr. Brown Mrs. Battin met with us earlier this evening and she has a copy of what we are going to present to the Board. The Commission was established by the Board of Selectmen in 1968 and the charge to the Commis- sion by the Board speaks to the relationship between the town and minority citizens of the central city During the seven plus years since its creation the Commission has addressed such areas as minority hiring on Town construc- tion projects and housing In 1974, the Selectmen approved the establish- ment of a subcommittee to investigate the "Nature of Problems of people with Special Needs." It is now the belief of the membership of the Com- mission that further changes in the make-up and concerns of the Comaission should be considered by the Board of Selectmen We do not propose to abandon the charge of 1968; we do suggest the adoption of the concepts which will make the charge more nearly reflects the needs of the mid- seventies. Broadened Representation The membership of LCSR currently reflects participation by thirteen different organizations within the Town The 111membership believes that during the next few years, the role of LCSR and the metropolitan area within the context of its charge It should be ready to investigate problems which concern it when they might arise and, when necessary, report to the Board of Selectmen on its findings To fulfill this role, we believe that the membership should be broadened by adding Concerned Black Citizens of Lexington, NOW Lexington Chapter, Ministerial Council, Council on Aging, Youth Advisory Commission Organization The role of the LCSR currently is an advisory one to the Board of Selectmen The Commission consensus is that it should be able to articulate on issues publicly with the approval of the Selectmen. The question being raised here is whether or not a more independently constituted Commission would be more effective Currently, the Commission suffers from a lack of continuity due to the expiration of all appointments at the same time Most of those appointed to the Commission also repre- sent other town boards which leaves those members a minimum amount of time to devote to LCSR business In order to correct this situation, the LCSR recommends a change in organization beginning with the establishment of a five member executive board These five executive board members could not be members of any other town board Their initial terms would be, two members for three years, two members for two years, and one member for one year; thereafter for terms of three years' duration From these five executive board members, one would be elected chairman and one secretary by the entire membership The remaining membership could be composed of the following groups, each group having one member Board of Selectmen League of Women Voters Lexington Teachers Planning Board Lexington Interfaith High School Students School Committee Chamber of Commerce TMMA Housing Authority Town Employees Concerned Black Citizens of Lexington 143 Selectmen's Meeting July 6, 1976 National Organization of Women, Council on Aging Lexington Chapter Youth Advisory Commission Ministerial Council It would be desirable to have appointments made by June 30 and a work program to start in September Effectiveness and efficiency would also be served if the Town provided the clerical services Attendance In order to insure maximum attendance, a written notice will be mailed at least two weeks in advance of meetings to announce the time, place and date of the next session Failure to attend two consecu- tive meetings, without an appropriate written explanation for absence having been forwarded to the Chairman, will be interpreted as a lack of interest on the part of the individual member A letter to this effect will be forwarded to the member, after his second unexcused absence, fol- lowed by a letter to the sponsoring organization The sponsoring group will be asked to furnish another individual's name to the Selectmen, who will be able to more actively represent his organization on Commission matters Broadened Scope At the present time, it is believed advisable to broaden the scope of the Commission's activities to include also "problem areas" believed to exist within Lexington as follows Human Needs Services, 111 Social (Racial) Interaction Problems, Town Affirmative Action Program. Meeting Frequency It is intended that a subcommittee structure be established, operating under the overall umbrella of the Commission In this manner, problem areas can be taken up the subcommittees (i e Special Needs) and periodic reports provided to the overall Commission for review and forwarding to the Selectmen The overall Commission may be required to meet less frequently, perhaps quarterly, to hear reports on the sub- committee's progress Mr Buse. We should table any action and look into the entire or- ganization Mrs Miley- I like the whole picture of what we are portraying I wonder if the persons to be considered should not belong to a particular service group Mrs Battin That is covered in the first five items I hope we would think about it and take action We have been hobbled and have not been working effectively Chairman Kessler I am a little bit concerned that one committee should try to be all things to all people I do believe that everything addressed has to be addressed by the Town and we have been looking for some vehicle to do this If this committee is to do it, the name has to be changed, and we would have to agree that this committee is to essentially address itself to all the problems of the Town and to broaden itself to consider all the areas of social concern in the Town While we are think- ing about it, I wish that you would think about it in that context Mr Brown We have been thinking about it Arlington acquired the services of a CETA person and has a book of comprehensive services of the 146 Selectmen's Meeting July 6, 1976 town, and they have developed a program for the elderly To cut across a broad spectrum, that is the way we feel it should be headed We realize the problems of getting together a group of this size Mr Bailey I would comment on the role of the Board of Selectmen - that you feel you could issue a statement without approval of the Select- men I am a little suspicious of people who feel their relation to the Selectmen can influence their effectiveness You certainly can articulate as a committee and can sit down in open meeting with us It strikes me that if it is a question of articulation, there it is Mr Brown We have been reluctant to take a position due to inade- quacies of Town Government I talked to Mr O'Connell and he asked me to wait until the Personnel Director was on board Recognizing our role capacity, we didn't feel we could go on Now, we feel the terms are broad enough and there should be a higher degree of independence Mr Bailey If the basis of operation of the committee is going to be changed from Advisory to the Board of Selectmen, that would require Town Meeting action Chairman Kessler Although I can picture an advisory committee to speak out when you feel the urge, and you could advise us, legally and clearly Mr Bailey- In some areas The Committee advises the Selectmen of any action to be taken by the Selectmen's Committee Mr Busa I am skeptical myself and don't wish to lend authority to a subcommitee to be autonomous, as they are an advisory committee to the Board of Selectmen I want to know what issues and action they will take Chairman Kessler- Why don't we decide now approximately how much time we have, and place it on the agenda for the first fall meeting, and members of the Board and your committee exchange ideas throughout the summer If there is enough sentiment to bring it before Town Meeting, this could be discussed Your ideas, which you have been expressing, have been our concerns, too While we are talking about committees and responsiveness, we all receive anonymous letters and/or phone calls The Board likes to be responsive to all people and I'm sure the other members will agree If people will put their concerns down in a short note, however, I can channel them and get answers and we will respond to them I hope people will not make anonymous calls Does any other member disagree? Mrs Battin I agree In response to that last note (anonymous) I did get a call We will take action as long as people will give the name, but we won't act on anonymous ones We could get the name and not give it to the Selectmen Mr Busa I take exception; you should let other members of the Board know Mrs Battin I meant to hold the name in confidence Mr Busa I take exception to that also Chairman Kessler My plan is that people are to put it in writing Mr Brown and LCSR members retired from the meeting 147 Selectmen's Meeting July 6, 1976 Chairman Kessler read a request from the Knights of Columbus to ap- K of C prove a new Manager Manager Upon motion duly made and seconded, it was voted 4-0 to approve Mr David W. Walsh as Manager under the Club liquor license for the Knights of Columbus Building Association, Lexington Council 94, and to request the approval of the Alcoholic Beverages Control Commission Mr Busa abstained The Board discussed letters and telephone calls from citizens pro- Landfill testing the summer schedule to close the Hartwell Avenue Sanitary Landfill Summer on Sundays Chairman Kassler suggested that the hours of operation be Schedule extended to 8 00 p m. on two additional evenings The current hours, voted on June 7, 1976, are 8 00 a m. to 5 00 p m. on Monday, Tuesday, Wednesday, Friday and Saturday; 8 00 a m. to 7 00 p m. on Thursday; Closed on Sunday Dr Kessler also posed the question of the merits of opening on Sunday and closing on Monday Mr McSweeney recommended that the landfill remain closed on Sunday because experience has shown that the number of residents using the facility during these off-peak hours has been at a minimum. He pointed out that it is now operating at 84 hours a week and there is no other landfill operating at more than 44 hours a week, and they are closed on Sunday and many of them have half a day on Saturday Upon motion duly made and seconded, it was voted 4-0 to approve the following hours of operation at the Hartwell Avenue Sanitary landfill during the summer through Labor Day, September 6, 1976 Monday and Saturday 8 00 a m. to 5 00 p m. Tuesday, Wednesday, Thursday and Friday 8 00 a m. to 8:00 p m. Sunday Closed Dr Foley of the Lexington Light Horse Club, Mr Bertini, Recreation Hennessey Director, Mr Mazerall, Superintendent of Parks, and members of the North Horse Lexington Association met with the Board to discuss another horse show to Shows be scheduled on the Hennessey land Chairman Kassler explained that the problem of horse shows at Hennessey Field has created commotion and dissention within the Town On June 7, the Board voted to prohibit the use of trailers and other vehicles on the field but trailers and vans would enter from Grove Street, disembark the animals at Robinson Road and the service road, and park in the Estabrook School parking lot, with the understanding that we would re- evaluate the situation before the next show was held That is strictly what we are here to do tonight Mr Sullivan, North Lexington Association I went there tonight and feel that permanent damage has been done to the field because of vehicular traffic Comments on the way the show was conducted are favorable Speaking for the North Lexington Association, I still object to parking vehicles on that field The original vote was taken not to allow parking on the field and we felt that the matter had been adjudicated and we were shocked when another vote was taken There was a great deal of dismay at that action 1- 48 Selectmen's Meeting July 6, 1976 Chairman Kassler The Board was within its rights and said that we would take another look under controlled conditions I don't think we should take a great deal of time debating the Board's so-called refusal You can always continue to come in and complain like mad but we have to listen to all sides I have been given some questions and will ask Dr Foley for answers Is the Lexington Light Horse Club a non-profit organization? Dr Foley Yes It is not officially listed like the 4-H Club There are no salaries; the only salaried person is the Judge Chairman Kassler What is the percentage of members of Lexington residents? Dr Foley- About 80% Mr Bailey I would point out that has been questioned; the numbers run anywhere from 40 to 80% Dr Foley I have the best knowledge If I say 80, it is close to 80% Mrs Battin It has been brought to our attention that you quoted 40% at the Recreation meeting of September 24, 1975 Mr Busa. She has taken it out of context Mrs Battin The quote i had was in context Chairman Kassler Do all members of the Light Horse Club take lessons on horses hired from your daughter's stables? Dr Foley No Chairman Kassler to Mr Mazerall People have concern that the grass comes back but the irregularities and contours would be altered for other types of sports Mr Mazerall There are cars going in I get calls because of dust and, basically, the question is whether you want to have a horse show there There are vehicles going back and forth I thought the show was great but it boils down to the question if you want the shows there Chairman Kassler I have been informed that a good portion of par- ticipants do ride horses in Dr Foley That is true but somebody will come with a car with their equipment on it If you don't have a trailer, you have a car for the equipment Mr Bertini Mr Mazerall asked if you want to have a horse show there? The kids come back and clean up There is sympathy for neighbors who don't run the horse show and there are people who do run the horse show There must be other places to have a horse show, but I don't know Chairman Kassler We had one show to allow parking and is it reasonable to have one without parking? Dr Foley We won't hold the show if we are not allowed to park on the field It is too much of a hassle Mr Bertini As Recreation Director, we try to get programs in the Town This group is a working group that does all the work themselves They are being hurt in this situation and this is another group that wants no problems I think the Town should find a place for them to hold horse shows Dr Foley You try to run a show with 30-odd classes They would be going back to trailers where we lose contact with them. I - 149 selectmen's Meeting July 6, 1976 Chairman Kessler. Haveway? you ever tried to run a show that Dr. Foley: No. Chairman Kessler Then why refuse? If you did it and came back and said that it won't work, it would impress me a lot more. Dr. Foley This North Lexington group has been complaining and com- plaining. I find it would be too difficult to run it that way and, as far as parking goes, what about vehicles to bring in the equipment? If you are going to haul vehicles off, that is asking too much of the kids. Mrs. Battin: Point of information - has any other group in Town held horse shows and used vehicles? Mr. Bertini They did ask but never showed up. Mrs. Battin So we have never had the experience. Dr. Foley: In the 1960's, the 4-H had one at Willards Woods and parking was allowed right up to the ring. Chairman Kessler: I ask if Dr Foley is willing to have a horse show without parking on the field? If he is not willing, we will have no horse show. I went to the last show and thought it was well run but if Dr. Foley won't bend, neither will I. Dr. Foley Until we were allowed to come in to the last Selectmen's meeting, the Light Horse Club was never allowed to tell its story, and we appreciated it Chairman Kessler: I enjoyed your show but until I see the other side of the story and some sense of give and take ... Mrs Battin moved and Mrs. Miley seconded the motion to ban all vehicles from Hennessey Field at the Lexington Light Horse show scheduled for July 18. III Mr O'Connell: i assume that Estabrook School will be used for parking? Dr Foley: All vehicles off the field? We have to get equipment in there Mrs. Battin: What equipment, specifically? Dr Foley: We have to take the ring in on Saturday and take it down on Sunday, and there are various tents for booths for food concessions. Chairman Kessler: How many would you need? Dr. Foley: Two trucks and three cars. Chairman Kessler To bring the equipment in and back off. Mr. Buse: I question the motion. I believe we were going to poll the Board to see if they were going to allow them to drive down as the School Department doesn't want horses to disembark on the asphalt Mrs. Miley The Board of Selectmen was polled at my recommendation and it was agreed to bring the trucks up Robinson Road, disembark the horses, and continue on to the Estabrook parking lot. Mr. O'Connell To my knowledge, the School Committee has not been asked for permission to use Estabrook. Upon motion duly made and seconded, it was unanimously voted to allow two trucks and three cars to enter and park on the field in the area of the horse show on Sunday, July 18, 1976; these vehicles will contain equip- ment only. Also, horse vans are to enter on the extension of Robinson Road, disembark the horses at the intersection of Robinson Road and the service road, and continue on to the Estabrook School parking lot, subject to the approval of the School Committee e0 Selectmen's Meeting July 6, 1976 Dr. Foley happens ha ens after that? Chairman Kessler: The Board will reevaluate it after July 1.8. All interested parties retired from the meeting. Taxicab Mr. Alan Aronson, owner of Lexington Transportation Co. , and Chief Licenses Corr met with the Board. Chairman Kessler: We have received letters of complaint from citi- zens but have a memo from Chief Corr, dated July 6, 1976, stating that with two minor exceptions the cabs were in good shape and neat and clean inside, and it would appear that Mr. Aronson has complied with the Board's directive. Chief Corr recommended that licenses be approved. Mr Buse I would like clarification of whether you operate Arlington cabs in Lexington as you have no license to operate them here. Mr. Aronson There are Lexington residents that call Arlington Taxi. Chairman Kessler: If a Lexington resident calls you, and you are busy, do you refer to Arlington? Mr. Aronson Sometimes there are pickups from the airport. Chairman Kessler No, if you are busy, would you call Arlington and ask them to pick them up? Aronson Very seldom. We sit next to each other in the office. Mr. Buse. We have a letter on record that states just that, that a resident specifically requested a Lexington cab and got one from Arlington. We have no jurisdiction over Arlington cabs and I request. that you do not refer calls to Arlington Heights and have them come into Lexington. I move to extend the licenses for a period of six months and to review them at that time. As I understand it, your cabs are four years old and are used cabs from another company. Six months is a reasonable period of time. Mr. Bailey I will second the motion, and a statement that I would hope Mr. Aronson hes the message loud and clear We will depend on re- ports from Chief Corr. We like to have all Lexington businesses stay in business and service people. Upon motion duly made and seconded, it was unanimously voted to renew the following licenses to the Lexington Transportation, Inc. , P. 0. Box 125, Lexington, for a period of six months with the clear understanding that all vehicles are to be maintained and operated in accordance with the conditions outlined by the Board; all Lexington residents are to be ser- viced by Lexington dabs only; interim inspections are to be made by the Police Department and reports submitted to the Board by Chief Corr: Registration Numbers 5453, 1943, 5457, 5454, 5550, 5455, 5462, 5461, 5459, 5451, 5460, 5464, and 5465 Town Mgr. Mr John Butler, Chairman of the Personnel Advisory Board, and Mr Job James Crain, member, met with the Board to discuss the preamble to the Description Town Manager job description. Preamble Mr. Butler: The present Personnel Advisory Board would like to have you focus on the definition of the rote of the Town Manager and the role of the Board of Selectmen as you intend to proceed. We are trying to state that the Board is a policy board establishing parameters under the 151 Selectmen's Meeting July 6, 1976 law and in all other areas; that it is your desire that the Town Manager become the executive arm of the Board of Selectmen and, in that way, act as executor and act within the policy framework you established, and accountable to the Town After discussion, it was agreed that additional work was necessary During the week, the following was approved by the Board TOWN MANAGER JOB DESCRIPTION PREAMBLE The Board of Selectmen is responsible for establishing policy for Town Government except schools and libraries The Town Manager will function as the ad- ministrative head of Town operations, accountable to the Board of Selectmen, as defined by the Lexington Town Manager Act of 1969 and in the role of implementor of policies established by the Board of Selectmen The Manager will develop plans, direct and coordinate activities of departments and activities under his/her direction The Town Manager serves as liaison between the Board of Selectmen and Town officers, boards, commissions, committees, and agencies Chairman Kessler read a request from Town Counsel to convey parcels Wood St of land on Wood Street, as authorized under Article 88 of the 1976 Annual Lots to Town Meeting Abutters Upon motion duly made and seconded, it was voted to sign the deeds conveying portions of lots on Wood Street for the sum of $1 00 249A to Helen Garten, 11 Fairview Avenue, Lexington 252D to Guy Murgo and 2ita Murgo of 70 Essex Street, No Andover 254F to Clarence A Allen and Dorothy M. DiCicco, 122 Decatur Street, Arlington Mr Bailey asked Mr O'Connell if anything could be done about the Battle buses parking around the Battle Green Green Bus Mr O'Connell Jeff Shaw is working on it and is checking to see Parking if we could use senior guides to assist us contacting bus drivers Mr Bailey We do have adequate off-street parking Mr O'Connell Yes Last year, St Brigid's allowed us to use their lots for Bicentennial needs Mr Bailey. What about the Church of Our Redeemer? Mr O'Connell I got their approval but the lot was not used as the Traffic Committee felt that a left turn was more than a Greyhound bus could do Mr Bailey- St Brigid's would be better There is no reason why the bus drivers will not do it Mr O'Connell They resist it if they feel they will lose time on their schedule They are reluctant to move the bus It is getting very serious, and we are working on it Mr Bailey asked Mr McSweeney about the status of curb cuts on the Battle Green Green Mr McSweeney- The staff is meeting on them and I will venture to Curb Cuts say that curb cuts will be in September or October, the first part of the construction season r 152 Selectmen's Meeting July 6, 1976 Town Mgr Chairman Kessler requested that the Board appoint the Town Manager Selection Selection Committee Committee Mr Bailey moved and Mrs Battin seconded the motion to appoint an 8 member committee Upon motion duly made and seconded, it was voted to appoint the following members of the Town Manager Selection Committee James F Crain, Chairman Lincoln P Cole, Jr Natalie H Riff in W Neil Chapman Homer J Hagedorn Allan Lee Whitman, Jr Elizabeth Clarke Ruth Mitchell Mr Busa commented that the Appropriation Committee be apprised of the appointments because, under the Acts, they cannot serve on another committee Chairman Kassler- It is my intention to request that this committee meet with the Appropriation Committee Executive Upon motion duly made and seconded, it was voted by a 5-0 roll call Session vote to go into executive session for the purpose of discussion the reputa- tion and character of Town personnel After discussion, 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. t , Executive Clerk, Selectmen 153 SELECTMEN'S MEETING 111 July 19, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, July 19, 1976, at 7 30 p m. Acting Chairman Battin; Mr Busa, Mrs Miley, ; Mr O'Connell, Town Manager; Mrs McCurdy, Executive Clerk, were present At the request of the Town Clerk, six jurors were drawn Jurors George R. Limerick, Jr 23 Hayes Lane Robert T Callahan 8 Fletcher Avenue James J Swenson 18 Fairlawn Lane Christine Elizabeth Pfaff 6 Roland Avenue Ethel F Webb 462 Marrett Road Roger T Westcott 3 Foster Road Acting Chairman Battin presented Mrs Doris Barclay, Collector of 1975 Taxes, with a check for $8,063 25 from Secretary Guzzi as reimbursement State to the Town for the 1975 State Census Census Acting Chairman Battin opened a hearing upon the petition of Liquor - Berman's Market, Inc for approval of an addition to the rear of the Berman' s building to be used for warehouse and storage purposes Addition Notice of the hearing was inserted in the July 8, 1976 edition of the Minute-man and the petititioner notified all abutters by certified mail - return receipt requested Acting Chairman Battin read the unanimous vote of the Board of Appeals on January 8, 1976 granting a permit to Joel G Berman for a variance of 10 6 setback at the nearest point and 16 8 at the farthest point from the property line at 55 Massachusetts Avenue No one being present in favor or in opposition, the hearing was declared closed Upon motion duly made and seconded, it was voted to approve the petition of Berman's Market, Inc for an addition, under the Package Goods liquor license, to the rear of the building at 55 Massachusetts Avenue to be used for warehouse and storage purposes and to sign the request to the Alcoholic Beverages Control Commission for approval of the new license including a description of the altered premises Acting Chairman Battin read a request from the New England Tele- Poles - phone Company and the Boston Edison Company for permission to abandon Wood St one pole and relocation of one pole with anchor guy on Wood Street A report was read from the Director of Public Works/Engineering recommending that permission be granted to jointly abandon and re- locate the pole with an anchor guy on Wood Street for the construction of Village Wood Park Circle 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 154 Selectmen's Meeting July 19, 1976 Wood Street on the Westerly side, approximately 469 ft north of Holton Road, one pole 115/23; one pole to be removed Conduit - Acting Chairman Battin read a request from the Boston Edison Company Wood St for permission to install 12 ft of underground conduit in Wood Street for the purpose of servicing Wood Park Estates A report was read from the Director of Public Works/Engineering recommending that approval be granted for the installation of conduit in Wood Street Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison Company for the installation of underground conduit at the following location Wood Street, at and Easterly from Wood Park Circle - a distance of about 12 ft of conduit Klein Mr and Mrs Nathan Klein, 9 Conestoga Road, met with the Board to Conestoga discuss a complaint to the Board of Health relative to a sewage back-up Sewer condition at their home Acting Chairman Battin We have received reports from the Board of Health, the Director of Public Works/Engineering, and the Plumbing Inspector A report from the Health Director states, "As I understand the situation, the Kleins have owned this property for almost four years and this condition began four months ago They had no other such problem previous to this Mrs Klein believes that the town is responsible for the problem and is obligated to correct the condition; that the back-up occurred through the basement bathroom fixtures and indirect waste fix- ture in the laundry room. I observed no back-up situation at the time of my inspection My inspection showed that there had been work attempted by a private contractor in the laundry room and around the sewer service at the cleanout and along the garage floor where the service passes through the foundation in an attempt to correct or determine the problem. My cursory inspection indicated the possibility of a pitch problem from the house to the street; the connection probably was made at a minimum or 0 pitch There is also the possibility that the line has settled where this condition is occurring No other resident on the street has experienced this problem; however, I believe that number 9 is the lowest house on the street and would be a natural location for a sewage back-up to occur " A report from Mr McSweeney, Director of Public Works/Engineering, states "The Health Director's memo accurately identifies the situation as we see it and, therefore, our investigation shows that the service is very close to being laid flat The Conestoga Road sewer was constructed in 1967, four years before Mrs Klein's house was built, and it appears that the house was built too low on the lot in relation to the sewer and that the sewer service was laid to meet the existing conditions It is not the function of the engineering division to act as the engineer for the public at large for the very reason that brought this complaint - ' T 155 Selectmen's Meeting July 19, 1976 that of liability lity As it now stands, the building contractor and/or the plumber, whichever established the gradient of the service, is responsible for its success or failure, not the engineering division since our responsi- bility is limited solely to inspection of the quality of the work and not the engineering We suspect the recent failure of the service to be caused by a buildup of sludge, grease and solids settling out of the Sewage flow Periodic maintenance of both the publicly and privately owned portions of the service will more than likely provide a temporary solution; however, even if the service is completely cleaned, it is likely that blockages will probably reoccur every few years A permanent solution would be to have Mrs Klein apply for a sewer service renewal and make a new connection to the sewer main running along the sideline of the Klein's property in an easement This main is much lower than that in the street and would afford more than sufficient pitch to prevent a backup Again, we reiterate that the liability does not lie with the Town but rather with the party who engineered this service " Mr Klein We have to have people come and push something through every nine months ActingChairman Battin As Mr McSweeney said, there seem to be two options, to have it cleaned out or to have a new connection to the sewer main running along the sideline of the property in an easement and then, if approved by Mr McSweeney, we would grant permission Mr McSweeney- In this particular case, they would have to apply for a new sewer connection and I have personally recommended this to Mrs Klein some time in June The sewer was built under the subdivision control law at no cost to the Town and we have no liability for the installation We are not in that private sector business Acting Chairman Battin The Town is only responsible for the connec- tion but this is the responsibility of the plumber Mrs Klein When you buy a house, you feel that the Town Inspector would look at the thing, and we never thought we would have such a problem If the house is built too low, how is it that he okay's it? Mr McSweeney Besides what we said in the memo, I tried to explain to them that we would be in the private contracting business if we tried to tell any builder how to build or lay out Also, you have a lawyer when you pass papers to purchase a home in a Town Acting Chairman Battin It is an unfortunate incident Mr Klein I don't think I should pay for this out of my pocket Once the pitch is there, it will be all right, and the only way to get it right is to make the sewer deeper Why not do it? Mrs Battin Because the other houses are not having trouble Mr McSweeney• The sewer was there before the house and if we put iih the service to the house then we would have the liability Mrs Klein. Sewer elevation has nothing to do with the permit The contractor will elevate the sewer line and maybe it could come down and around the perimeter of the house If he makes an alternate route, the sewer line hangs on the wall of the cellar and out, to get the elevation It should have been done in the first place Mrs Battin Technically, it turned out too low That is one of the tragedies if a person buys a house X56 Selectmen's Meeting July 19, 1976 Mrs Miley possiblean Is it for recourse from the builder? Y Mr Klein Unfortunately, the builder is on welfare I am no plumber but is he responsible? And the contractor who put the pipe in my land to the sewer? Mrs Battin They are both liable, and I would suggest that you get a lawyer and sue them, the plumber and/or the contractor Mr Klein How much would it cost me to connect in the line? Mr McSweeney• I can't give an estimate Acting Chairman Battin We have had three reports and the pro- blem is with the pitch of the pipe I would suggest that you work closely with Mr McSweeney and perhaps you could get estimates from other plumbers The Board agreed that the problem of sewage back-up at 9 Conestoga Road was strictly a private matter Mr and Mrs Klein retired from the meeting Tour Bus Mr O'Connell updated the Board on the status of the Tour Bus Park- Parking - ing Control Plan It is proposed to pay guides when they are off duty, Guides from 4 to 6 guides at $2 25 an hour from 10 00 a m to 4 30 p m , each to work from 7 to 10 hours per week The approximate total cost would not exceed $1,000 from now through September 6, 1976 Approval is recommended for a temporary part-time help program for up to $1,000 to be expended from funds in Article 5 When Account #1070-Temporary Help and Overtime is presented for approval, this will become an additional line item. Mrs Miley- The change this week at the Green has been almost miraculous I move approval of the expenditure Upon motion duly made and seconded, it was voted to approve the ex- penditure of up to $1,000 from funds in Article 5 for the temporary part- time employment of guides at $2 25 per hour to assist in the Tour Bus Parking Control Plan. Contract Mr O'Connell recommended that the Board vote to award Contract 77-15-E 77-15-E to the lowest bidder, Sarao Brothers, Inc , Waltham, for street Street resurfacing in the amount of $78,980 Authorization is contained in Resurfacing Account #5400-Highway Maintenance; Chapter 90 of 1975; Article 27 of the 1976 Annual Town Meeting Warrant The bids have been reviewed with Town Counsel and also approved by Mr McSweeney Upon motion duly made and seconded, it was voted to award Contract 77-15-E to Sarao Brothers, Inc for street resurfacing in the amount of $78,980 E & D for Mr O'Connell advised the Board that he had been informed by Mr FY 78 Perry, Comptroller, of an underexpendtnre of $300,000 of the FY 76 oper- ating budget This amount, plus the Cherry Sheet estimate, will be the major source of E & D for FY 78 Mr -O'Connell recommended that the Board vote an intent to award the Inflow-Infiltration Study to Whitman and Howard in the amount of $67,000 157 Selectmen's Meeting July 19, 1976 IIIHee explained that this is a project xP p o�ect for which we are aiming for a federal Whitman & grant and we hope the Town would not have to spend more than $20,000 Howard After the vote of the intent to award the contract, application will be Inflow- made for a federal grant naming that firm in the application, and we Infiltra would work with the federal government The contract would reflect the Study results of the federal study We hope for a federal grant sharing of 75% and 25% by the Town This would be in the contract that would be brought to the Board Mrs Miley A point of interest - if it is federally subsidized, are there requirements that the Town must use for taking the lowest bidder? Mr O'Connell No, this is a professional proposal; it is not like a sealed bid. Mr McSweeney This is the first time that the federal government and the state have followed procedures for receiving proposals This is the first contract we have processed The procedures are followed by the American Society of Engineers Upon motion duly made and seconded, the Board voted the intent to award the Inflow-Infiltration Study to Whitman and Howard in the amount of $67,000 Acting Chairman Battin read a request for the use of the Battle Green Permit- and for firing of cannons by the Lexington Minute Men Battle Upon motion duly made and seconded, it was voted to approve the Green request of the Lexington Minute Men, Inc to use the Battle Green for the installation of officers on Sunday, July 25, from 2 00 to 4 00 p m. , and to fire cannons subject to a permit being granted by the State De- partment of Public Safety Acting Chairman Battin read a report from the Traffic Safety Com- Traf Sign mittee regarding a request from Mrs Catherine Cecere, 29 Acton Street, Mass.Ave Arlington for the installation of a traffic sign on Mass Avenue just Pelham Rd prior to Pelham Road. It was the recommendation of the Traffic Committee that a sign be installed Upon motion duly made and seconded, it was voted to approve the recom- mendation of the Traffic Safety Committee that a "Vehicles Entering Right" sign be installed on Mass Avenue, Eastbound, prior to Pelham Road, and to request that Mr McSweeney make arrangements for the installation of the sign Acting Chairman Battin read a report from the Traffic Safety Commit- Hudson Bus tee regarding the application of Hudson Bus Lines, Inc to establish Lines- routes in Lexington for limousine service to Logal Airport, stating - Common 1 Hudson Bus Lines needs local approval from the licensing Carrier board before they can petition the regulatory agency (MBTA) License for a hearing of Public Convenience and Necessity 2 This is a public transportation service operated on a regu- lar schedule 3 Fares are regulated by META and treated like a public utility 158 Selectmen' s Meeting July 19, 1976 4 Approximate fare is $6 00one wayout of Logan to Bedford and pp a Burlington 5 Hudson Bus Lines requests approval of Routes A and B (Route B includes Route A) 6 Provided that vehicles are cleaned daily, all drivers are uniformed, two-way radio equipped, all vehicles inspected and approved by the Department of Public Utility Acting Chairman Battin The Traffic Safety met in July and it was unanimously voted to recommend that permission be granted subject to the conditions I might point out that Hudson Bus Lines must petition the MBTA for a hearing In essence, we would just enable them to pro- ceed if we approve it tonight I heard that they petitioned Arlington a week ago and it was deferred until they had the vote of the MBTA Today, we received a letter from the Lexington Transportation Co protesting the granting of rights to the Hudson Bus Lines to pick up passengers in Lexington and transport them to and from Logan Airport Mr Aronson, the owner, is present tonight, and I also invited Mrs Joyce Hals, Chairman of the Transportation Advisory Committee Mrs Hals Our committee would like to look at the routes and we would appreciate your cooperation Acting Chairman Battin We probably would make a decision based on the recommendation of the Traffic Safety Committee, and I might add that it would not compete with those who want transportation service, any kinds Mr Busa I have no objections but I do question some of the state- ments in Mr Aronson's letter, i e , that the Burlington Taxi is operating at a loss since the limousine service came into being in Burlington It is still operating and not at a loss We also have a letter from a resident of Wood Street complaining about the driver and the condition of the cab I feel that competition would help alleviate some of the problems that Lexington Transportation is producing themselves Also, we do not need so many taxis around Depot Square Mr Aronson I am aware of the letter from the lady on Wood Street and (1) the driver was not intoxicated; (2) she is not a regular customer; (3) as far as fares being different for the same run, meters in the c*rs are sealed by your agent If the customer doesn't tell the drive the proper way to go, the route is different Acting Chairman Battin In essence, you are saying that a person tells the drive the location and then has to tell him the best way to go Mr Busa This is not a public hearing Acting Chairman Battin We are talking about a specific case The record will show your comments about Mr Aronson Mrs Battin to Mr Aronson. Various things have been suggested, such as getting contract from industrial firms or going to the Transporation Committee and exploring ways of developing intra-town transportation, mini- buses, etc to meet the needs of the elderly There is DOT money and HEW money to take care of sums you may lose by not going to Logan Mr Aronson We have them all - any industry in Lexington 159 Selectmen' s Meeting July 19, 1976 Mrs Hals We would welcome talking to Mr Aronson, and so would c a g the Council on Aging Going to Logan, some people are rushed and want a cab; other people are not so rushed and going to the bus stop would help Upon motion duly made and seconded, it was voted to approve the rec- ommendation of the Traffic Safety Committee to grant permission to the Hudson Bus Lines for the carriage of passengers for hire in the Town Of Lexington by means of scheduled public transportation to and from Logan Airport, subject to the clear understanding that Hudson Bus Lines is to submit to the Board of Selectmen the approval granted by the Massachusetts Bay Transportation Authority for the use of its route and bus stops within the Town of Lexington Acting Chairman Battin read a report from Mr McSweeney, Director Cemetery of Public Works/Engineering, recommending that the Trustees of Public Projects Trusts be requested to give consideration to the approval of expendi- tures to rebuild a brick facia wall on the vaults adjacent to the Locke tomb at Ye Old Burial Ground This work would consist of constructing a new cemetery wall approximately 70 feet long and 4 feet high, including the removal of the old wall and removing the resetting the engraved panels Also, to consider funds for refurbishing and painting two existing wooden kiosks at Munroe Cemetery Mr McSweeney- I revised these two projects with Mr Morey, Chair- , man of the Trustees of Public Trusts, who explained that the trusts have a limited amount of funds Therefore, we would recommend utilizing the forces of the Public Works Department in order to reduce the total amount required Upon motion duly made and seconded, it was voted to request the Trustees of Public Trusts to consider the expenditure of $3,700 from appropriate trusts to rebuild a brick facia wall on the vaults adjacent to the Locke tomb at Ye Olde Burial Ground, and to refurbish and paint two existing wood kiosks at Munroe Cemetery Acting Chairman Battin read a report from Mr McSweeney, Director Berm - Mayo of Public Works, stating that his department had reviewed the request Dawes Rd from Mr Benjamin Mayo for the Town to install a berm at his property located at 11 Dawes Road and finds that the area in question does not warrant the installation of a berm. Acting Chairman Battin Mr Bailey wrote a letter to Mr Mayo in March telling him that it was not clear from his letter whether he was asking permission to install the berm himself or requesting the Town to install it, and asked Mr Mayo to let us know Mr Mayo has finally in- formed us that he would be willing to pay one-half of the cost Mr McSweeney We have an appropriation of $2,500 for installing berms and initial requests far exceed that appropriation Usually, re- quests are to install those that have worn out If we should go into an area such as this and install it at one house, we would end up installing it on both sides The question comes up if the owner wants to install it himself - if he wanted to pay for the material at a set cost and a set price of perhaps $1 00 a foot, and the money would go into E & D The 160 Selectmen' s Meeting July 19, 1976 job is not bigenough to have a private contractor To resolve his g problem, we would have to look into the area of the Town installing it and he would pay the full amount for the curbing, but if the neighbors got into it and wanted it, they would have to do the same Acting Chairman Battin Mr McSweeney could explain to Mr Mayo that there is no money in the budget but if he wants to pay for the entire cost of the installation of the berm, arrangements might be made through a contractor already working for the Town, subject to meet- ing Town specifications and posting a performance bond. Upon motion duly made and seconded, it was voted to instruct Mr McSweeney to write to Mr Benjamin Mayo, 11 Dawes Road, outlining the requirements if Mr Mayo is willing to assume the entire costs of the installation of a berm at his property 1974 Acting Chairman Battin informed the Board that a report has been re- Retirement ceived on the Lexington Contributory Retirement System System Upon motion duly made and seconded, it was voted to accept and file Report the report of examination of the Lexington Contributory Retirement System, as of December 31, 1974, as conducted by the State Department of Banking and Insurance Printing Acting Chairman read two quotations for the printing of the Town Primary Warrant for the State Primary on September 14, 1976 The Lexington Warrant Press, Inc at $287; Maran Printing Service, Inc at $375 Upon motion duly made and seconded, it was voted to award the con- tract for printing 9500 copies of the Town Warrant for the State Primary on September 14, 1976 Class I Acting Chairman Battin read an application from Mr George E Rowe, Toyota - Jr to transfer his existing Class I license at 409 Massachusetts Avenue Rowe from Rowe Chevrolet, Inc to Lexington Toyota, Inc Upon motion duly made and seconded, it was voted to issue a Class I license to Lexington Toyota, Inc in place of the Class I license pre- viously issued to Rowe Chevrolet, Inc on the premises located at 409 Massachusetts Avenue Garfield Acting Chairman Battin read a request from the Director of Public Elm Sts Works/Engineering to sign the Order of Sewer Taking on Garfield Street Order of and Elm Street Sewer Upon motion duly made and seconded, it was voted to sign the Order Taking of Sewer Taking on Elm Street from Garfield Street a distance of 175 feet more or less westerly State Aid- Acting Chairman Battin read a request from the Director of Public Highways Works/Engineering to sign the forms for the 1976-1977 State Aid-Highways Upon motion duly made and seconded, it was voted to sign the forms for the acceptance of the 1976-1977 State Aid-Highways, in an amount yet to be determined by the Massachusetts Department of Public Works State Aid Office, District #4 161 Selectmen's Meeting July 19, 1976 Acting Chairman Battin read a letter from Attorney Donald E Legro Grammont regarding the Grammont sewer project at Nickerson Road and Aaron Road Sewer In August, 1975, the Board voted to notify the Town Treasurer to re- lease the bond of Mr and Mrs. Grammont and the bankbook, subject to $250 00 being withhold by Mr Legro until a flowering tree had been planted on Mr Weinstein's property Mr Legro stated that the tree had been planted by the Sudbury Nurseries, Inc for $131.25, and the matter has now been satisfactorily resolved Upon motion duly made and seconded, it was voted to approve the request of Attorney Donald E. Legro to deliver the bank book to Mr. and Mrs. Ronald G Grammont as the Grammont sewer project has now been satisfactorily completed Mr Busa recommended that the Board vote to abate an ambulance bill Abatement of $15 00 for Mr Edward MacFarlane of Auburndale as he is a senior citi- Ambulance zen and on a fixed income Bill Upon motion duly made and seconded, it was voted to abate the ambu- lance bill of $15.00 for Mr Edward MacFarlane of Auburndale Acting Chairman Battin informed the Board Dr Foley had cancelled the Lex. Light Lexington Light Horse Show at Hennessey Field. The first time, the horse Horse Show show was conducted under Light Horse Club conditions and this time it was to be conducted the way the North Lexington Associates wanted it, so he cancelled. Acting Chairman Battin read a letter from Mrs Alice Pierce request- Fireworks- ing that consideration be given to having fireworks again at the 4th of July 4th July celebration, and suggesting that the appropriate people in Town re- view the possibility The Board agreed to refer the matter to the Town Celebrations Com- mittee, the Traffic Safety Committee, and the Lions Club and to recom- mend that arrangements be made for a meeting, including Mrs Pierce, to discuss the possiblity of having fireworks at the 4th of July celebration The Board discussed the status of the traffic control signal at Traf Sig Massachusetts Avenue and the Munroe School and Mr. McSweeney agreed to Munroe call the State DPW District office for an updated report School Mr Busa informed the Board that the Bicentennial Corporation has plans for manufacturing articles, such as coffee tables, plaques, etc Bicentennial from the flagpole which was taken down on the Battle Green The fund Corp - raising project will be finalized by December 31, 1976 but the Chamber Flagpole of Commerce could continue the sale of items Upon motion duly made and seconded, it was voted to go into Execu- Executive tive Session to discuss strategy with respect to collective bargaining Session After discussion, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9 20 p m. A true record, Attest 7.) 7� .� Executive Clerk, Selectmen 162 SELECTMEN'S MEETING August 2, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, August 2, 1976, at 7 30 p m. Chairman Kassler, Mr Bailey, Mr Busa, Mrs Miley; Mr O'Connell, Town Manager, Mr Cohen, Town Counsel; Mrs McCurdy, Execu- tive Clerk, were present Guide Rev Handley, Director of Guides, recommended that the Board appoint an Official Guide Upon motion duly made and seconded, it was voted to appoint Miss Anju Soparkar, 12 Saddle Club Road, an Offical Guide of Lexington for a term expiring June 1, 1977 Pole - Chairman Kassler opened a hearing on the petition of the Boston Bos Edsn Edison Company for the installation of one pole on Williams Road Williams Notices were sent to abutters, as listed on the petitioner's plan, Road and also filed with the Public Works Department Chairman Kassler read a report from Mr McSweeney, Director of Public Works/Engineering, recommending approval of the pole location Mr Pratt, representing the Boston Edison Company, explained that the petition is for a street light on a pole on Williams Road Mr and Mrs Dollinger, 15 Williams Road, and Mr John Heye, 16 Williams Road, were present and had no objection as long as it was for a street light No one else was present in favor or in opposition and the hearing was declared closed Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison Company for the following location Williams Road, northwesterly side, approximately 110 feet south- west of Wyman Road - One pole Poles- At 7 33 p m , Chairman Kassler opened a hearing on the petition of Bos Edson the Boston Edison Company for the installation of three poles on Worthen Worthen Road southeast of John Poulter Road Road Notices were sent to abutters, as listed on the petitioner's plan, and also filed with the Public Works Department Chairman Kassler read a report from Mr McSweeney, Director of Public Works/Engineering, recommending approval of the location of the three poles on Worthen Road for the installation of street lights requested by the Town Mr Pratt, representing the Boston Edison Company, explained that the Town's request had been approved by Boston Edison Mr and Mrs Bernard Bernstein, 132 Worthen Road, were present and objected as abutters They felt that there is one pole on Kendall Road and another opposite that one; they had not requested the lights and they didn't need them, especially the one on the corner as there is one c Selectmen's Meeting August 2, 1976 around the corner on Kendall Road Chairman Kessler requested Mr Pratt to review the area and meet with Mr and Mrs Bernstein for further discussion Upon motion duly made and seconded, it was voted to table the peti- tion from the Boston Edison to install three poles on Worthen Road, northeasterly side, from a point approximately 275 feet southeast of John Poulter Road. Chairman Kassler publicly commended members of the Public Works De- DPW and partment and the Police Department for their actions in rendering assis- Police tance to the people of Lexington on many, many occasions He felt that Accolades all too often the focus had been on complaints and problems but we have received numerous letters from grateful citizens Mr O'Connell discussed the status of the selection of an engineer- Comprehen- ing consultant to conduct the comprehensive drainage study Inasmuch as sive Whitman & Howard had been awarded the Inflow-Infiltration study, he felt Drainage that it would not be in the best interests of the Town to award both Study contracts to them. Contract Chairman Kessler If they were close on the bid and somebody else could do the job as well I would concur but, if not, perhaps it should go to Whitman & Howard The Board agreed that Mr O'Connell is to arrange a meeting with the three low bidders and come back with a recommendation on the awarding of the contract for the comprehensive drainage study Mr O'Connell informed the Board that the Police Department had sub- Police mitted a report on towing for the month of July Mal's-13 calls; Bob's- Towing 12; B & R-17 calls It is planned to submit a monthly report for the information of the Board Mr O'Connell advised the Board of the current financial status of Town's the Town Overall, we are in an unfavorable, tight cash position re- Financial suiting primarily from a sharp decline in non-tax income, i e , the Status Cherry Sheet The official Cherry Sheet estimate for this year was $4 6 million and we now know that actual receipts will be $3 6 million The reduction is in State aid to education Transportation-$145,300; Chapter 766 Special Education-$418,400; Chapter 70-$384,000 The Treasurer has indicated a need to borrow to meet cash needs prior to November tax receipts, whereas in recent years he has been able to avoid this The impact is as follows 1 The Treasurer must borrow for current cash needs 2 No free cash (E & D) will be available for appropriation by the 1977 Town Meeting vs $1 6 million this year and $1 million to $1 5 million in recent years The new Town Meeting will face a $4 increase in the tax rate just to meet the FY 77 budget level 3 Other than a Reserve Fund of $150,000, which is only nor- mal, no funds exist which could be drawn on for a major 164 Selectmen's Meeting August 2, 1976 emergency (This is assuming the tax rate had been set ) Mr O'Connell asked the Board to consider the question of whether the plans for FY 77 expenditures should proceed as per budget level or should be cut back where feasible to reduce the actual expenditures be- low the budget level The Board agreed to alert the Appropriation Committee and the Capi- tal Expenditures Committee of the emergency budget situation which has developed. Also, a copy of Mr O'Connell's report is to be sent to the School Committee Chairman Kessler agreed to send a memo to all department heads re- questing their cooperation by examining their budgets to see whether there are areas were projected spending could be cut Mr O'Connell is to arrange a meeting of all department heads to dis- cuss their budgets Street The Board discussed the request from Mr Mark Moore to install Town Lights and Country street lights on Lois Lane Lois Lane Chairman Kessler- We have received notification that the people in the area have agreed to pay the extra charge to the Town as long as those lights are there I am agreeable to that arrangement The Town can, and should, put lights wherever they are needed. This type of lamp is more expensive and they are willing to pay the difference We are not granting any precedent by this With the agreement, they have given a check for $72 00 for the first year's payment Depending on the rate per year, fil this amount could increase or decrease Upon motion duly made and seconded, it was voted to accept the agree- ment whereby the Centre Village Condominium Trust will pay additional charges each year for Town and Country street lights The agreement is The Centre Village Condominium Trust desires to have installed six General Electric Town and Country type lights for street lighting on Lois Lane This is not the usual light installed on streets in the Town of Lexington and will result in an additional cost of Twelve Dollars per light per year to the Town of Lexington In consideration of the approval and installation of said Town and Country lighting, Centre Village Condominium Trust agrees to pay to the Town of Lexington the sum of Seventy-Two Dollars per year, in advance in each year that said lights continue to be used. The amount of Seventy-Two Dollars per year could increase or decrease depending upon the rates each year The difference will be paid by the Trust at the end of each fiscal year, or the decrease credited to the Trust This payment shall terminate if the said lights are no longer used or if said lights become stan- dard lighting in the Town of Lexington In witness whereof we hereunto set our hand and seals this 2nd day of August, 1976 s/Mark Moore, Jr , Gladys M. Moore, Donald P Noyes as Trustees but not individually j 63 Selectmen' s Meeting August 2, 1976 Mr O'Connell distributed copies of personal services budgets to Personal the Board. Because of the non-settlement of police and fire negotia- Services tions, their salaries are at the FY 76 levels, DPW is final, based on a contract settlement, and the rest are a reflection of FY 77 based on the salary review board determinations This is as complete as we can go Upon motion duly made and seconded, it was voted to approve the interim personal services budget for FY 77 by distributing $106,225 from Account #9000 and to transfer $29,401, appropriated under Article 5, to DPW Account #4900 Mr O'Connell advised the Board that he is proceeding with the ap- Recreation pointment of Mrs Alice Hinkle and Mrs Judy Uhrig as members of the Committee Recreation Committee He had many strong candidates and he hoped some would bevelling to serve in an advisory capacity Also, in view of the increase in the scope of the committee, he recommended that the Board consider increasing the membership from five to seven members Chairman Kassler I am meeting with the Chairman and I feel that he will be receptive to this recommendation The Board approved Mr O'Connell's recommendation to appoint Mrs Alice Hinkle and Mrs Judy Uhrig to fill the two vacancies on the Recreation Committee Chairman Kessler informed the Board that Mrs Bruce Gilchrist had Hanscom cancelled her appointment to discuss the proposal of Stewart Air Lines Field - for commercial air service at Hanscom Field Gilchrist Chairman Kessler requested Mr McSweeney to make arrangements for Traf Safety an evening meeting with the Traffic Safety Committee and the North No Lex Lexington Association for a discussion of major problems in the area Assoc Chairman Kassler read a report from the Traffic Safety Committee Traffic recommending approval of the request from Dr Rich and Mr Dellovo for Sign - a traffic sign at the top of Valley Road but to deny the request for Valley Rd speed bumps as they create a serious legal liability and have been proven a hazard to bicycles, motorcycles and automobiles Upon motion duly made and seconded, it was voted to approve the recommendation of the Traffic Safety Committee for the installation of a "Caution Children" sign at the top of Valley Road, and to deny the lequest for speed bumps on Valley Road Mr McSweeneywas instructed to make the necessaryarrangements for the installation of the sign Chairman Kassler read a report from Mr McSweeney, Director of Discontin- Public Works/Engineering, in response to a request from the U S uance of Department of the Army for the discontinuance of a portion of Wood Wood St Street at Hanscom Field, as follows "As this portion of the roadway is abutted entirely by land owned by the United States of America, this department sees no objections to the desire of the U S Government to assume jurisdiction and respon- fhb Selectmen's Meeting August 2, 1976 i portion sibility of that po t on of Wood Street, except on one minor condition This condition is retention by the Town of the right of access to and egress from government-owned land for the purpose of reading the Hanscom water consumption meters located just inside the existing gate on their property If the U S Government is still willing to give the Town of Lexington this right, we recommend the discontinuance of Wood Street from the property line at Gate 4 to the Bedford-Lexington line The only utility within the street is an 8-inch water line installed and owned, along with the meters, by the Government and the Town has no other interest in the street In addition, we note that this particular portion of roadway was laid out by the County on behalf of the Town on November 12, 1930 In- asmuch as it is therefore a county layout, petition for discontinuance to the County Commissioners, as well as Town meeting, is required If the Board approves, and the U S Government grants the condition of the right of access and egress, a signed petition will be submitted to the County Commissioners who will conduct a hearing If the County votes in the affirmative, the request will then go before Town Meeting for final approval As a matter of interest, an identical request was made by the U S Government in 1955 For reasons unknown, the petition was not carried through The records of the Town, the County and the Department of the Army contain no information other than the fact that the Town did sub- mit a petition to the county on behalf of the Government Why it was dropped remains an enigma In 1960, the Commonwealth of Massachusetts did legally alter and widen the 1930 layout of Wood Street up to the gatehouse The layout was then transferred to the Town on October 4, 1960 The fact that this alteration stopped at the gatehouse indicates that the Commonwealth was aware of a possible request to discontinue the remaining portion of Wood Street from the gatehouse to the Bedford line This discontinuance, if effected, will complete an action instituted some twenty-odd years ago " Upon motion duly made and seconded, it was voted to petition the Middlesex County Commissioners for approval of the discontinuance as a public way that portion of Wood Street in Lexington, one thousand feet in length, beginning at Station 0+00 on the Lexington-Bedford Town Line and ending at Station 10+00, as laid out by the County Commissioners on November 12, 1930, subject to the condition that the U S Government grant the retention by the Town of Lexington of the right of access to and egress from Government-owned land for the purpose of reading the Hanscom water consumption meters located just inside the existing gate on this land. If granted, the Town of Lexington will proceed with the petition to the County Commissioners for the discontinuance of Wood Street from the property line at Gate 4 to the Bedford-Lexington line Election Chairman Kassler discussed the appointment of Election Officers in Officers the Town He informed the Board that, according to the formalized pro- cedure, they had erred slightly in the timing of appointments and, there- fore, it is necessary to reconfirm the vote of June 21, 1976 as the111 167 Selectmen's Meeting August 2, 1976 statute u e s tates that appointments are to be made not earlier than July 15 G L Chapter 54, section 12, Election Officers in Towns "The Selectmen of every town shall annually, not earlier than July fifteenth nor later than August fifteenth, appoint as election officers for each voting place or precinct, except as provided in section twenty-four, one warden, one deputy warden, one clerk, one deputy clerk, two inspec- tors and two deputy inspectors, who shall be enrolled voters of the town In the event that the Selectmen fail to appoint such election officers on or before August fifteenth, the board of registrars shall forthwith appoint said officers The chairman of the town committee of each political party may, not later than June first in each year, file with the selectmen a list of enrolled members of such party who desire appointment as election officers, and a duplicate of such list with the board of registrars of voters The lists submitted by town committees shall contain not more than eight names for each office to be filled. Supplemental lists may be filed with the selectmen and registrars by the said chairman at any time before the appointments are made, for the purpose of filling va- cancies which may occur in the original lists No person shall be appointed as an election officer until he is found qualified to act as such as herein provided. Appointments shall be made from the original list before any names are taken from any supplemental list If, upon the expiration of fifteen days after notice given in writ- ing prior to June fifteenth in any year by the selectmen or the chairman of any political committee who has not filed original or supplemental lists, the selectmen may appoint as election officers enrolled members of the party who, in the opinion of the selectmen, are qualified to act as such. The selectmen may, if they deem it necessary, conduct examina- tions of persons whose names appear on the lists filed hereunder Five days' notice shall be given of any such examination The chairman of each town committee may appear and be heard either in person or by coun- sel, during the conduct of such examinations " Mrs Miley This is the process that is to be used for the choice of Election Officers to be appointed Mr Cohen The difficulty is that the statue is not particularly well written In talking with the Town Clerk, the Board might want to have the Chairmen of the Democratic and Republican Committees in and explain what they have to do - that not later than June 1, they have to file a list with the Selectmen and if it is not received by June 15, the Board would notify them by letter that it had not been received Chairman Kassler Next year, we shall specifically follow the statute as to the manner and the timing of appointments of Election Officers Upon motion duly made and seconded, it was voted to reconfirm the vote of June 21, 1976 to appoint the 1976-1977 Election Officers Chairman Kessler read a formal complaint from Mr Thomas Russell, Cokorogianis 10 Barrett Road, regarding a dog owned by Mr George Cokorogianis, Dog Hearing 8 Barrett Road. (iCi Selectmen's Meeting August 2, 1976 A report from the Animal Control Officer stated that Mr Russell had come to his office on June 16 to complain about the barking dog and Mr Littleton had sent a warning letter to Mr Cokorogianis Since that time, his office had received at least eight more complaints from Mr Russell Mr Littleton and his assistant had investigated these complaints and had witnessed the dog barking, although not on every occasion Upon motion duly made and seconded, it was voted to set the date for a dog hearing on August 11, 1976 and to post the notice of said hearing on the complaint of Mr Russell against the dog owned by Mr Cokorogianis Estabrook The Board discussed the request from Common Cause for Estabrook Hall - Hall on September 18 and agreed to check with Secretary Guzzi's office Common Cause to see whether it is a political group Cert of Upon motion duly made and seconded, it was voted to approve the Incorp following locations for mail drops for applications for Certificate of Incorporation Lexington Theatre Company, Inc , 11 Parker Street; American Footwear Research Institute, Inc , 2360 Massachusetts Avenue Abatement Upon motion duly made and seconded, it was voted to approve the Water Bills recommendation of the Director of Public Works/Engineering to abate water bills in the amount of $385 10 Reg Refuse Chairman Kassler discussed with the Board the establishment of an Advis Comm. advisory committee on regional refuse to make recommendations to the Selectmen on actions to be taken regarding the Hartwell Avenue Sanitary Landfill According to the vote of Town Meeting, the current committee may consist of only three members and it is felt that additional exper- tise would be of great assistance to the Board The Board agreed to submit nominees for the advisory committee on regional refuse Contract Upon motion duly made and seconded, it was voted to approve the 77-15-E recommendation of the Director of Public Works/Engineering to sign Con- tract 77-15-E awarded on July 19, 1976 to Sarao Bros , Inc for street resurfacing in the amount of $78,980 Youth Miss Mary Rockwood, Chairman, and Miss Sue Abkowitz, Secretary, of Advisory the Youth Advisory Commission and representatives of the League of Women Commission Voters met with the Board to discuss the proposal of the Youth Commission and LWV to restructure the Commission in order to improve its efficiency Miss Rockwood From our discussion, we are recommending that the Commission be reduced in size from 19 members to 7 adult and 9 youth mem- bers We also suggest that rather than having the Board of Selectmen choose Youth Commission members from other town boards, who may be busy and not necessarily consider the Youth Commission their top priority, it would be better if members were chosen on the basis of their interest, 169 Selectmen's Meeting August 2, 1976 willingness to work, and initiative 9 As a result, we offer to the Board of Selectmen the following change in our By-Laws, Section 2 "Members of the Commission shall be appointed in June each year by the Board of Selectmen upon recommendation by a selection committee (of Youth Advisory Commission members) Members of the Commission shall be as follows 9 Lexington public school students (one student from each junior high school and six members from the senior high school, with a minimum of one member from each class at the high school) , and 7 adult members, including two members from general government, to be chosen from a list of ten recommended by the Youth Commission after interview by the Commission " Miss Rockwood We have to make more changes next year so that we would have a better and more active commission These are not final changes and have nothing to do with those we talked about before Chairman Kessler These changes are just to get you through this year? Miss Rockwood. Yes Chairman Kassler What has become apparent is, there are all sorts of separate groups concerned with the same problems of youth and it might be better if we coordinated and combined efforts and made it one group Mr Busa I have a question about the present Youth Commission, rather than the Board of Selectmen, coming up with the 10 adults I question the two in general government - at some point in time, they could be eliminated and it could at some time be a selected group of selected people Chairman Kessler to Miss Rockwood What is the definition of gen- eral government? Miss Rockwood Someone in general government who is not as busy could be involved without spreading themselves too thin, and it could also mean a youth member Mr Busa If it is not specifically spelled out who in general government it is to be, it would be just town meeting members Chairman Kessler If it is a Selectmen's Advisory Commission and they want more, they still have to come back Do you think it should say,i;specifically, the Board of Selectmen? Mr Busa I don't think 100% I have been reading in the newspaper that the Drug Advisory Committee said they were going to infringe on the Youth Advisory Commission Chairman Kessler- That is why I said that we are all going to work together I am willing to make temporary changes and to ask the Drug Advisory Committee, the Community Relations Committee, and the Youth Ad- visory Commission to sit down with us and really talk about the problems of youth. I am interested in a long-range youth commission as I think it would be a valuable organization Within a year, we are going to attack this facet Chairman Kessler Mr Bailey has submitted an amendment to your pro- posal that "The Commission will submit a list of twelve adult member nomi- nees for the guidance of the Selectmen," rather than the proposal, "To be 17() Selectmen's Meeting August 2, 1976 chosen from a list of ten recommended by Youththe Commission after inter- view by the Commission " Miss Rockwood. Is it the understanding that if you could not approve seven from the twelve that we would come back? Chairman Kassler I would assume the old group would help the new, incoming group We appreciate your efforts over the summer and that you are doing this with the best motivation possible Miss Abkowitz At what date can we notify you of our list of twelve? Chairman Kassler It would be to everybody's benefit if you did it as soon as possible We haven't given you a time limit but would urge you to act expeditiously Upon motion duly made and seconded, it was voted to approve the recom- mendation of the Youth Advisory Commission to amend Section 2 of the Lexing- ton Youth Advisory Commission By-Laws, as follows Section 2 Members of the Commission shall be appointed in June each year by the Board of Selectmen upon recommendation by a selection committee (of Youth Commission members) Members of the Commission shall be as follows Nine Lexington Public School students (one student from each Junior High School and six members from the Senior High School with a minimum of one member from each class at the High School) Seven adult members, including two members from general government The Commission will submit a list of twelve adult member nominees for the guidance of the Selectmen Bushnell Dr Mr Cohen presented the Order of Taking, for the Board's signature, Waltham St of the right-of-way running between Bushnell Drive and Waltham Street in Right-of- connection with the installation of traffic lights Way Taking Upon motion duly made and seconded, it was voted to sign the Order of Taking of the right-of-way running between Bushnell Drive and Waltham Street in connection with the installation of traffic lights Circle Rd. Residents of Circle Road met with the Board Scott Chairman Kassler The Board had received petitions from residents Properties of Circle Road; we looked into the situation and I wrote a letter ex- plaining the position of the Board of Selectmen In the past several weeks, we have attempted through Town Spun- set, Town Manager and the Building Inspection Department, and also through personal inspection, to find answers to the specific concerns that the people on Circle Road have expressed. The situation as the Board of Select- men now sees it is as follows Since under the Zoning By-Laws, the lots in question were legal lots, the Town had no alternative but to give building permits to Scott Properties Apparently, during the building process, subsequent violations of the Zoning Law were discovered These violations were brought to the attention of the builders and, at that point, Scott Properties requested that the Board of Appeals grant them several variances (The Board of Appeals acts entirely independent in matters such as this and cannot, nor should they, be directed by the Board of Se- lectmen ) During the Board of Appeals' hearing on this matter, the owner' s request for side yard variances was turned down The Board of Appeals 171 Selectmen' s Meeting August 2, 1976 did, however, grant variances for the front steps The Selectmen have absolutely no jurisdiction over this matter and cannot in any way reverse this decision There was, additionally, some question as to exact boundary lines for the rear of these properties, but it has been concluded to the Town's satisfaction that no back yard zoning violation have occurred No occupancy permit has been issued nor will be issued until the Board of Appeals' side yard variance conditions have been met by the owners. The Board discussed the above facts as I have just outlined and felt that, regardless of some personal convictions to the contrary, the Board has no way of legally redressing the grievances of the many residents of Circle Road that have wrriten to us We will, however, as is our present custom, welcome any citizen or group of citizens who feel aggrieved to come before the full Board at one of our meetings " Mrs James Marchese, 58 Hillcrest Road The abutters question the wisdom of the Board of Appeal's decision and feel that it was built in error by Scott Properties and should have been corrected, and that permits should be issued only when specifications are met There is an illegality and Scott Properties is in violation Chairman Kessler I thought i had responded for the Board of Select- men in my letter to you that we, as a Board, do not question the wisdom of the Board of Appeals The Selectmen have no jurisdiction over the Board of Appeals except in the matter of appointments, nor can they be in- fluenced by the Selectmen The Board of Appeals' decision does not come before the Board of Selectmen Mrs Marchese I understand that but we are asking for your help Chairman Kessler On the matter of following up on the building in- spection, the side yard errors discovered during building were corrected The owners were not granted an occupancy permit until such time as they have complied with all of the building inspector's requirements We have no jurisdiction over the front and any quarrel you have with the Board of Appeals cannot be redressed by this Board When you ask for our help, sympathy and understanding we can give you but you are asking for something special that is out of our hands Mr John F Frazer, 50 Hillcrest Avenue My property abuts directly the Scott Properties I am very sympathetic with my neighbors and whole heartedly endorse their actions My statements are my own "It is my intent at this hearing granted by the Lexington Board of Selectmen to demonstrate by presentation of the facts that the variance granted to Scott Properties, Inc by the Lexington Board of Appeals on June 3, 1976 in the matter of the dwelling at 17 Circle Road is illegal and invalid and should be appealed for a reversal of decision through the Superior Court of the Commonwealth of Massachusetts I further intend to show personal hardship by virtue of a hazardous safety condition in my yard, created by land excavations of massive proportions immediately abutting my property line and to place responsibility for installing a fence to remove the hazard I submit in this context that the Town of Lexington is responsible for the actions of the various departments of 172 Selectmen's Meeting August 2, 1976 the town o and for the actions of all employees of the town including ap- pointed officials such as those on the Board of Appeals, regardless of the fact that the Board of Selectmen has no jurisdiction over the findings of the Board of Appeals The Board of Selectmen does have the authority to remove any appointee from office at any time for just cause such as incompetence or a history of bad decisions not made in the best interest of the people of the Town and as such is enjoined to maintain competent and efficient branches of Town Government to serve the people of the Town I summarize my remarks regarding the board of appeals decision by stating that the Town of Lexington is responsible for all that has transpired in the matter of issuing building permits, monitoring (or lack thereof) of the construction activity and the granting of an illegal variance to Scott Properties at 17 Circle Road In the process of look- ing into the various aspects of the situation at 17 Circle Road, I ran into a number of circumstances that can only raise questions (1) Why was the building permit issued in the first place when so many obvious irregularities existed? (2) Why was I told at the Town Offices several years ago when I inquired that Mr Al Busa owned all the land that abutted my property including lots 239, 240 and 241 Mr Busa did not acquire title for these lots from the Town until December 30, 1974 about a month and a half before Scott Properties submitted their request for building permits And, why wasn' t the pending sale published, as is customary? As an abutter I should have also had the opportunity to buy the land, particularly when I had already indicated my interest both by conversations with Mr Busa and by personal inquiry at the Town Hall Chairman Kessler At this time, you raise many questions, some of which obviously I can't give you answers for now and we will continue to look into them. I would point out something that has been obvious to me from the beginning and that is, if any member of the Board has anything to lose by having unsightly buildings on the street, it is the only mem- ber of the Board who lives on the street - and I want to make it abundantly clear - that the problems of people on Circle Road can't be laid at the door of Mr Busa, who has so much to lose Mr Frazer I have made no accusations Mr Cohen I am shocked that all of the facts could be investigated but Mr Frazer only went into some facts When I came here three years ago, I found an agreement of 1966 that the Selectmen had notified people that they were going to sell twenty tax title lots and they were all con- veyed to some kind of trust in which Mr Busa had an interest, and they found that three lots could not be conveyed because of a legal technical- ity; it was discovered that when the deed was being prepared that the lots had been registered and the tax collector had filed his tax taking in the non-registered side of the Registry of Deeds rather than on the registered side The Town Counsel at that time said that he couldn't finish the conveyance and he would put it into court There was a signed agreement and there was no way the Town could back out Mr Frazer Does this not constitute an option to buy over a period of years? Mr Cohen I don't believe there was an option There was a tech- nical difficulty or they would have been conveyed Selectmen's Meeting August 2, 1976 Mr Frazers I hope there will be answers to my questions Mr Cohen There were about 20 lots taken for tax purposes and the Town decided to sell them. Busa Trust was apparently the high bidder Chairman Kessler Let me respond to the question of Mr Busa's involvement in this, by saying that his integrity is beyond question and that I will not go further on that particular part of the discussion If you think the problems you are facing, and the Town has faced before with builders, are real, it is a problem I am willing to admit publicly We aren't happy with the way this particular builder has been building in Lexington and if we can't undo it on Circle Road, we will watch it from now on It is not the fault of the Building Inspector or anybody in the Town looking the other way, and there has been no collusion A lot of our remaining lots in Town are marginal building lots and we are faced with the problem of builders working with marginal lots I have gone over the sequence and I am convinced that any slip-up was inadvertent and anything that was done was purely coincidental. Mr Andrew Murphy, 35 Circle Road The houses are not commensurate with those in the neighborhood When I saw the plot plan, they said it was legal It was laid out in 1919 and I don't think that is up to date The lot next door to me is 100 ft and if they can build on 50 ft , they can build two We were notified when people on the street wanted to put in a swimming pool but they put in three houses and we heard nothing The dates are all past for any recourse Chairman Kessler The problem you have is one the Board has no juris- diction over You are asking the Board to redress the wrong in your eyes We all have things we don't like on our streets No matter how much sympathy we have for you, we absolutely cannot overturn the decision of the Board of Appeals Mr Murphy Maybe we should look closer so that it won't happen again Chairman Kessler We will get answers to Mr Frazer's questions and check on the timing to see if you can appeal, and we will check further with Town Counsel Mr Busa I see that all my neighbors are here, specifically Mr Frazer who is away and never here I read the letter in which he indicated I had quite a bit to do underhandedly, and I feel that my name was taken down quite a bit I thought my neighbors were very congenial with one another When I wanted to sell the three lots, I had the courtesy to call Mr Frazer - I didn't know that he had a recording of it - and asked him if he wanted to purchase and he said that the price offered was more than he intended to pay to buy them and I, naturally, had to sell to Scott Properties I got out of the business so that people wouldn't say that I was trying to seek favors as a member of the Board of Selectmen As for the people moving in, if everybody else made the effort they did to keep it up They should be encouraged I owned the lot adjacent to Mr Murphy and had no intention of building but two houses are built there The record will show that Mr Frazer did receive a variance on the front yard to construct a garage there on September 8, 1970, and the garage is incomplete Mrs Marchese' s nephew's application for a variance was de- nied by the Board of Appeals as not conforming to the house lot For 174 Selectmen's Meeting August 2, 1976 these people to raise the issue for the side yard The Olsen family should be commended for the way they keep the house so that other young people could come into Lexington I said that three houses would be built on those lots, and the only reason that I didn't build them is because of castigations They are well constructed houses and because they are within 1-1/2 feet to the sidelines The neighbors should en- courage them to build back steps as it is dangerous without them Mrs Marchese It is difficult to understand how a surveyor could lose two feet; #11 has two feet missing Chairman Kessler- We, as a Board, will be as reponsive as we can We will get answers to your questions Residents of Circle Road retired from the meeting Executive Upon motion duly made and seconded it was voted, 4-0 by roll call Session vote, to go into Executive Session to discuss strategy with respect td collective bargaining and, also, a matter involving the reputation of a person After discussion, it was voted to go out of Exectitive Session Upon motion duly made and seconded, it was voted to adjourn at 11 00 p m. A true record, Attest•C)).' Executive Clerk, Selectmen i 1T SELECTMEN'S MEETING August 16, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, August 16, 1976, at 7 30 p m. Chairman Kassler, Mr Bailey, Mr Busa, Mrs Battin, Mrs Miley, Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Di- rector of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present At the request of the Town Clerk, six jurors were drawn Jurors Robert Hills, Jr , 20 Percy Road Stanley Chao, 26 Fairlawn Lane Perry Rollins, 14 Peachtree Road Larry G Trebino, 33 Blake Road, Donald Doremus, 74 Webb Street May E Rosmarin, 5 Fessenden Way The Board congratulated Miss Anne Warner, 546 Concord Avenue, for Lexington her participation in the bronze medal award to the U S Women's Olympic Olympic Crew, and presented her with a citation from Governor Dukakis and a Winner Lexington Bicentennial Plate Mr O'Connell informed the Board that the Supreme Judicial Court Unions has ruled against the Town of Arlington on four counts, Violation of Home Rule Amendment of the Constitution, unconstitutional delegation of legislative power to private individuals, contravention of the "one-man, one-vote" principle under the United States Constitution, and violation of the General Laws regulating the conduct of municipal finance He felt that this decision will have a major impact on municipal bargaining Unions are going to take encouragement in using the binding arbitration method of resolution instead of good faith bargaining, rather than as an alternative to striking, as intended by the act Recent State experience confirmed that illegal strikes are an effective bargaining tool for unions The combination of these two events strengthens labor's power considerably Mr O'Connell advised the Board that the Attorney General had not 1976 approved Article 73 as he had legal questions concerning the $4,000 Art 73 minimum bid requirement being inconsistent with two other sections in Bids the law Town Counsel wants to pursue this and, if necessary, will come back to Town Meeting Mr O'Connell recommended that the Board approve a request for a Bike-a-thon bike-a-thon Upon motion duly made and seconded, it was voted to grant permission to the American Cancer Society for the annual bike-a-thon to be held on September 19, 1976, subject to the rules of the Police Department Mr O'Connell discussed the new Federal Public Works Bill and the 1.76 Selectmen's Meeting August 16, 1976 Federal possibility of funds being obtained by the Town for special projects Public It was agreed that Mr O'Connell is to attend the conference in Works Bill Boston on August 31 and to come back with additional information Board of Mr O'Connell informed the Board that Dr Ellicott is making plans Health to leave Lexington and, therefore, will be unable to continue to serve on the Board of Health We are looking into a replacement Chairman Kassler I am very sad that we are losing Dr Ellicott; it will be very difficult to find another one like him The Board agreed Conduit Chairman Kassler opened a hearing on the petition of the Boston Bos Edson Edison Company for the installation of conduit and a manhole on Bedford Bedford & Street, northwest of Hartwell Avenue Hartwell Notices were sent to abutters, as listed on the petitioner's plan, and also filed with the Public Works Department Chairman Kessler read a report from the Director of Public Works/ Engineering recommending that approval be granted for the new location; previous approval of a different location of the manhole and conduit had been granted on June 30, 1975 Mr Pratt, representing the Boston Edison Company, explained that his company had run into traffic problems with the previous location and this is a petition for a new location No one being present in favor or in opposition, the hearing was declared closed. Upon motion duly made and seconded, it was voted to grant permis- sion to the Boston Edison Company for the following location Bedford Street, approximately 40 feet northwest of Hartwell Avenue, a distance of about 125 feet-Manhole and Conduit Bedford Street, approximately 70 feet northwest of Hartwell Avenue, a distance of 42 feet-Conduit Bedford Street, approximately 130 feet northwest of Hartwell Avenue, a distance of 15 feet-Conduit Bedford Street, approximately 130 feet northwest of Hartwell Avenue, a distance of 75 feet-Conduit Hamilton Mr O'Connell informed the Board that the Town has received $27,355 Rd Sewer from the Federal Government for funds due on the Hamilton Road sewer; an Reimburse- equal amount is due from the State ment The Board discussed the request from the Board of Selectment of the Town of Lincoln for permission to dispose of pumped septage in the M.D C sewer at some designated place in Lexington's system Lincoln A report from Mr McSweeney, Director of Public Works/Engineering, Septage recommended against approval being granted because of our own problems with an overloaded system. He pointed out that Bow Street has now be- come "the" place for dumping the increased sewage and the Town has to end up cleaning and maintaining it He pointed out that we are now mon- itoring and limiting it, which comes under our agreement with M D C He 177 Selectmen's Meeting August 16, 1976 had talked with Lincoln and had explained that they should find a feasible way to tie into the M D C system, and the logical route would be on the Lincoln-Lexington adjacent to Forbes Road Mr Bailey felt that Lincoln had as much right to make a deal with M.D C. as we do, and all they have asked for is a conduit He agreed that the line should not go all the way to Bow Street and place a burden on our weak link, but suggested that because Waltham is to the west, perhaps Lincoln should pursue that avenue Upon motion duly made and seconded, it was voted that Mr McSweeney is to inform the Town of Lincoln of the full cooperation of the Town of Lexington by arranging a meeting with officials of Lincoln to discuss the request to enter Lexington's sewer system to dispose of pumped septage Chairman Kassler read a report from the Traffic Safety Committee rec- Meriam St ommending approval of the request from the Chamber of Commerce to re- Parking install eleven meters in the municipal parking lot near Meriam Street Lot Meters along the railroad tracks, with the understanding that if a subsequent review shows a definite improvement in the operation of the lot, these meters are to remain in that location Upon motion duly made and seconded, it was voted to approve the rec- ommendation of the Traffic Safety Committee to re-install eleven parking meters in the Meriam St parking lot Mrs Miley informed the Board that she had spoken to Mr McSweeney Traffic- about a review by the Traffic Safety Committee of the traffic situation Center in the central district, especially the problem of triple parking in front of the Post Office Chairman Kassler The Planning Board did that in 1974 and we could ask them to look at it again The Board agreed Chairman Kassler read a request from the Post Office for the use of Cary Hall Cary Hall for a ceremony to dedicate plaques inscribed with the names of Lexington citizens who served during 1775-1781 Upon motion duly made and seconded, it was voted to grant permission to the U S Post Office to use Cary Hall from 10 00 a m to 11 00 a m. on any one of the following suggested dates October 21, November 5, or November 30, 1976 Chairman Kassler read a request from the American Foundation for the Cary Hall Science of Creative Intelligence to use Cary Hall on September 21, 1976 from 3:00 p m. to 5 00 p m , subject to payment of the custodian's fee Chairmanssler recommended commended that the Board set the polling hours State for the State Primary and to sign the Warrant Primary Upon motion duly made and seconded, it was voted to set the polling Warrant hours of 7 00 a m. to 8 00 p m. for the State Primary to be held on September 14, 1976 Upon motion duly made and seconded, it was voted to sign the Warrant for the State Primary on September 14, 1976 178 Selectmen's Meeting August 16, 1976 Cokorogianis Mr Busa informed the Board that he had conducted the dog hearing Dog Hearing on August 11 on the written complaint of Mr and Mrs Russell, 10 Barrett Road, against the German Shepherd named Linus, owned by Mr and Mrs George Cokorogianis of 8 Barrett Road Testimony was given by both the owner and the complainant and it was felt that there was a lack of evi- dence and complaints other than from the Russells The owner agreed to purchase a dog training collar and to keep the dog in for longer periods Upon motion duly made and seconded, it was voted to write to Mr and Mrs George Cokorogianis, 8 Barrett Road, informing them that after investigation and examination under oath at the dog hearing held on Wed- nesday, August 11, 1976, the Board of Selectmen has determined, by the evidence presented, that the dog named Linus is not a nuisance by reason of excessive barking However, they are reminded of their agreement to purchase a bark training collar and to keep the dog in for longer periods Visitors' Chairman Kessler read a request for the grounds in front of the Center Visitors' Center for a Crafts Fair Upon motion duly made and seconded, it was voted to grant permission to the Lexington Theatre Co for the use of the grounds in front of the Visitors' Center for a Crafts Fair on September 11, 1976, subject to the rules of the Public Works and Police Departments Town Report Chairman Kessler recommended that the Board appoint the members of the 1976 Town Report Committee He reminded the Board that he had asked them to consider the concept of reduced scope and delivery of the Town Report, not to each household as the custom is now, but to consider having copies at fire stations, police station, and the Town Hall Mr Bailey and Mr Busa agreed that any changes should be discussed with the Town Report Committee before a decision is made by the Board Mrs Battin informed the Board that TMMA had come to the Board of Selectmen about 10 years ago because they felt very strongly that all citizens and TMMA members should receive a copy of the Town Report The Board agreed to appoint the members of the Town Report Committee and request that they work with the Town Meeting Members Association and report back to the Board of Selectmen on the proposal to reduce the scope and delivery of the 1976 Town Report Upon motion duly made and seconded, it was voted to appoint the following members of the 1976 Town Report Committee Mr Hal Singley, Chairman, Mrs Edith Cheever, Rev Harold T Handley, Mr Richard W Hoover, Mr John E Taylor, Mr Louis A. Zehner, Chairman Emeritus T 0 B Mr Kenneth Briggs, Planning Director, and Mr Donald Irwin, Building Space Commissioner, met with the Board Mr Briggs presented a plan of proposed changes in the location of offices on the lower level of the Town Office Building, which included the Planning Board, Building Inspection, Conservation, Recreation, and Board of Appeals Mr Briggs pointed out that the plan, as submitted, would create a larger area to be used for meetings of all departments involved The Board approved the plan for the relocation of offices on the lower level of the Town Office Building 179/ Selectmen's Meeting August 16, 1976 Chairman Kessler read a requestone-day1-day for a liquor license 1 day Upon motion duly made and seconded, it was voted to sign the one- Liquor day liquor license for a benefit dance at St Brigid's Kennedy Hall on License Monday, August 23, 1976, from 8 p m. to 12 00 Midnight, at a fee of $25 00 The Board discussed the vacancy on the Minute Man National Histori- Min Man cal Park Advisory Committee due to the resignation of Mr Donald Nickerson Nat'l Upon motion duly made and seconded, it was voted to nominate Mr Park Comm Roland B. Greeley for appointment by the Secretary of the Interior as Member a member of the Minute Man National Historic Park Advisory Committee Chairman Kessler informed the Board that a representative of the Mrs Miley- Selectmen is needed to work with the Planning Board and the Conserva- Meagherville tion Commission to take action and/or report to the 1977 Town Meeting Article 47 on 1975 Article 47 regarding Meagherville lots Upon motion duly made and seconded, it was voted to appoiit Mrs Mary W Miley the representative of the Board of Selectmen at scheduled meetings with representatives of the Planning Board and the Conservation Commission regarding action on 1975 Article 47 Mrs Miley abstained Upon motion duly made and seconded, it was voted to approve the Water recommendation of the Director of Public Works/Engineering to abate water bills in the amount of $134 55 Upon motion duly made and seconded, it was voted to have the first Bel 's Sept Selectmen's meeting in September on Monday, September 13, 1976 Meeting Upon motion duly made and seconded, it was voted to appint Mrs Acting Mary W Miley the Acting Chairman of the Board of Selectmen from Chairman August 27 through Labor Day, September 6, 1976 Upon motion duly made and seconded, it was voted to authorize the Bond Chairman to sign the bond for Assistant Treasurer Doris Barclay in the amount of $37,000 Chairman Kessler read a request from Mr McSweeney for his appoint- Sewers ment as the representative of Lexington on coordinating the projects for Federal Aid- Federal grants Moon Hill, Upon motion duly made and seconded, it was voted to appoint Mr Crescent Rd John J McSweeney, Director of Public Works/Engineering, as the repre- I-I Analysis sentative of the Town of Lexington for the purpose of coordinating the projects for Federal aid. the Inflow-Infiltration Analysis, the Moon Hill Road area sewers, and the Crescent Road area sewers Chairman Kessler read a request from the State DPW Traffic Engineer, Meriam St District #4, for approval of traffic regulations on Meriam Street under Traffic the provisions of Chapter 90, Section 18 of the General Laws Regulations Upon motion duly made and seconded, it was voted to approve the 180 Selectmen's Meeting August 16, 1976 special speed regulations s No 2066 on Meriam Street, that the follow- ing speed limits are established at which motor vehicles may be operated in the areas - Meriam Street-Northbound ending at Adams Street, the total dis- tance of 0 86 miles, and Meriam Street-Southbound ending at Massachusetts Avenue, the total distance of 0 86 miles Executive Upon motion duly made and seconded, it was voted, 5-0 by roll call Session vote, to go into Executive Session to discuss strategy with repect to collective bargaining and litigation and a Town employee After discussion, it was voted to go out of Executive Session and resume the open meeting Acting The Board discussed an Acting Town Manager Town Upon motion duly made and seconded, it was voted that it is the in- Manager tention of the Board of Selectmen to designate Mr Richard M Perry as Acting Town Manager as of September 15, 1976 Upon motion duly made and seconded, it was voted to table the appointments to the Appointment Criteria Committee until a September meeting Upon motion duly made and seconded, it was voted to adjourn at 11 30 p m. A true record, Attest Executive Clerk, Selectmen 1[ 81 SELECTMEN'S MEETING Special Meeting August 25, 1976 A special meeting of the Board of Selectmen was held on August 25, 1976 in the Chairman' s Office, Town Office Building at 8 30 a m. Present Chairman Kassler, Mr Busa, Mrs Battin and Mrs Miley Chairman Kessler called the meeting to order and explained that the meeting was called to discuss strategy with respect to collective bargaining and litigation Upon motion duly made and seconded, it was voted, unanimously 4-0 to go into Executive Session to discuss strategy with respect to collec- Executive tive bargaining and litigation at 8 33 a m. Session After discussion, it was voted to go out of Executive Session A letter of resignation from W Neil Chapman was read Upon motion duly made and seconded, it was voted, unanimously, to W Neil accept the resignation of W Neil Chapman from the Personnel Advisory Chapman Board and the Town Manager Selection Committee Upon motion duly made and seconded, it was voted, unanimously to Union appoint W Neil Chapman to represent the Town during the current Negotiator collective bargaining activities with the Police and Fire Fighter's Unions at his usual retainer fee to the Town Upon motion duly made and seconded, it was voted to adjourn at 9 10 a.m. A true record attest 101714,-g- 127 OH_Principal Clerk I 182 SELECTMEN'S MEETING August 30, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, August 30, 1976 at 7 30 p m. Acting Chairman Miley, Mr Bailey, Mr Busa, Mrs Battin, Mr O'Connell, Town Manager; Miss Casey, Principal Clerk were present Acting Chairman Miley convened the meeting and asked Mr O'Connell if he had any items to discuss with the Board Under Mr O'Connell informed the Board that he had three items The first Budget was to update them on the status of the review by the operating departments Program to adjust to the "under budget program" Two meetings have been held so far Mr Perry has picked up the responsibility as of the second meeting and will report to the Board at their next meeting Every department has been asked to submit, in writing, the responses to the budget program Personal Ser- vices as well as Capital Expenditures are included in the budget area Per- sonal Services represents about 70% of the budget The schools represent about 65% of the tax levy Mr MacInnes of the School Department attended the meetings also A good response was received from the Public Works Department Mr Perry will report to the Board at their next meeting the total response of departments to the program. Federal Mr O'Connell reported that the Federal Government has issued regu- Funding lations relative to funding They are not going to enlarge the area of projects and this eliminates a group of our capital budget It narrows Lexington's prospects of receiving more funds, but it is worth the effort to try Polaroid Mr O'Connell reported that he had received a call from Mr Peter Bass, Corp an employee of the Polaroid Corporation They have developed a large new Capt experimental camera capable of taking a picture about two feet square in Parker size The camera requires a small truck to move it around The camera Statue must take a picture of an object tall and narrow and the statue of Captain Parker caught Mr Bass' eye They would like permission to photograph the statue and the picture would be shown only to demonstrate the camera's capabilities They would use it in trade shows in Germany in the near-fu- ftture They would like to do the photographing tomorrow as they need ideal weather, including wind conditions and the weather forecast is good Mr O'Connell said that he had checked carefully and he was satisfied that it would be used in good taste and not commercialized and recommended that the Board give permission for the photographing Mr Bailey asked what time of day they wanted to be there Mr O'Connell said that Mr Bass had said that they would like to be there about 10.00 a m. Mr O'Connell also said that they would need a police detail as the truck would jut out into the street about 30 feet Upon motion duly made and seconded, it was voted to grant the Polaroid Corporation permission to photograph the statue of Captain Parker on August 31, 1976 111 1S3 t Selectmen's Meeting August 30, 1976 Mrs Mileyinformed the BoardMcSweeney's that Mr McSweeney s report relative Access to the dirt access road to the Brookwood Road-Fairfield Drive-Vine Road Street area had been received and read the report in its entirety It Brookwood was the recommendation that posts with cable and portable barrier of Fairfield posts and wire be installed accompanied by suitable lock and key in Area the event that access is needed to this Town owned property "No auth- orized Vehicles Allowed" signs were also recommended A sketch was enclosed with the report and indicated that the closing off of this access road would greatly reduce the nuisance that now exists The matter had been reviewed with various departments and the access road is required only by the Fire Department in the event of emergency Mr Busa pointed out to the Board that this practice had been insti- tuted some time ago We have the same on the Great Meadow with the key and cable Upon motion duly made and seconded, it was voted to accept the recommendations of Mr McSweeney and close off the dirt access road to the Brookwood-Fairfield Drive-Vine Street area with posts and cable and wire with a suitable lock and key The Fire Department would have a key in the event they need access to the area Mr Richard H Fitzpatrick of 15 Hathaway Road had requested traffic Bedford St signals at the intersection of Bedford Street and Harrington Road A re- Harrington port from the Traffic Safety Committee relative to the request was dis- cussed. The report stated that "Without having performed a detailed study, our observations, and a check of the accident records for this lo- cation, have revealed that a traffic signal installation based on volume, number of accidents and interruption of continuous traffic, is warranted" However, the Committee felt that because of the impact a signal installa- tion would have on the Green Area, recommendation of the traffic signal proposal be tabled They felt that such a restrictive measure as a signal at this location could cause flow problems throughout the center which could only be corrected through the use of a coordinated signal system with signals at Woburn Street and at the Minute Man Upon motion duly made and seconded, it was voted to accept the recom- mendations of the Traffic Safety Committee not to install traffic signals at the interesection of Bedford Street and Harrington Road Mrs Miley informed the Board that Mr Perry had requested that Asst. Walter Donahue be name Assistant Comptroller Comptroller Mr Bailey- What is his title now? Mr O'Connell As far as I know, the Board has never been asked to have him named Assistant Comptroller It has to be voted and we can't find any record on this This grants him authority to sign warrants and payrolls Upon motion duly made and seconded, it was voted to name Walter J Donahue Assistant Comptroller Upon motion duly made and seconded, it was voted to sign the weekday Theatre and Sunday licenses for the LexMil Theatres, Inc Licenses 1.84 Selectmen's Meeting August 30, 1976 Minutes Upon motion p of on duly made and seconded, it was voted to approve the minutes of the Selectmen's meeting of June 15, 1976 as corrected Water Upon motion duly made and seconded, it was voted to approve the Abatements recommendation of the Director of Public Works/Engineering to abate the following water bills W C Curtis 72 Freemont St $141 75 Incorrect reading Howard Richter 26 Suzanne Rd 1 25 Billing error Mrs C Hill 2101 Mass Ave 43 20 Incorrect reading H J Myers 27 Outlook Drive 90 00 Incorrect reading , Trailer Mr Thomas H Moon of 82 Simonds Road asked to address the Board. Zachor He stated that there was a fire in a home in his vicinity about a month or so ago and that the people were now living in a trailer in their yard He stated that it was his understanding that there is a law in Town that prohibits the use of trailers in Lexington He stated that he was here to find out if the people can live in the trailer until the home can be finished Mr Buse informed Mr Moon that permission to use trailers in cases such as this has been granted previously He stated that the only way that the Selectmen would be able to find out is to contact the Building Department and the Board of Appeals Mrs Battin asked if the Selectmen's Office could check with the Board of Health but noted that we did not have the name of the people involved Mrs Scigliano of the Lexington Minuteman informed the Board that the name of the people was Zachor The Selectmen's Office is to look into the matter further Center Mr Moon informed the Board that another matter he wanted to bring Play- up was his question as to who was responsible for planting sod on the ground macadam in back of the old baseball diamond at the Center Playground Mrs Miley asked Mr McSweeney to check into this and report back to the Board Land Mr Moon also informed the Board that he had read in the paper that Sunnyknoll the Recreation Department had two lots of land on Sunnyknoll and Sunset Sunset Drive that they were getting rid of He stated that if that is the case, Drive and he was told that the abutters given first chance to purchase such lots by someone in one of the Town offices, that he would like to purchase some land and build another house on it Mr Bailey stated that no land had been offered for sale by the Select- men He explained to Mr Moon that all land owned by the Town had to be offered for sale by the Selectmen Mrs Miley told Mr Moon that the procedure to be followed by him would be to put his request in writing to the Board of Selectmen giving the lot numbers of the land. Upon motion duly made and seconded, it was voted to adjourn at 7 54 P.M A true record, Attest Luz.------72-1 061_'Principal Clerk 185 SELECTMEN'S MEETING September 13, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, September 13, 1976 at 7 30 p m Chairman Kassler, Mr Bailey, Mr Busa, Mrs Battin, Mrs Miley; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Director of Public Works/Engineering, Mrs McCurdy, Executive Clerk were present. On behalf of the Board, Chairman Kassler acknowledged that this is Town the last official meeting for Mr O'Connell as Town Manager He expressed Manager the thanks and appreciation of the Board for his many years of good ser- vice and hard work in the difficult position as the first Town Manager of Lexington He presented Mr O'Connell with a Lexington Bicentennial plate and said that, although it is a small token of appreciation, with it go many good wishes of the people of Lexington Chairman Kassler said that the Board voted on August 16 the inten- Acting tion of appointing Mr Richard M. Perry as the Acting Town Manager, as Town of September 15, 1976, which is the last day that Mr O'Connell is Manager officially the Town Manager He recommended that the Board vote to ap- point Mr Perry and requested that Board members be present when Mr Perry is administered the oath of office by the Town Clerk on Wednesday morning All Board members agreed to be present on September 15, 1976 Upon motion duly made and seconded, it was voted to appoint Mr Richard M. Perry the Acting Town Manager of Lexington, effective September 15, 1976 Chairman Kassler read a request for a high school parade permit Parade Upon motion duly made and seconded, it was voted to approve the re- Permit quest for a football parade permit on September 18, October 2, October 16, November 6, 1976 at 12 45 p m. and to request Chief Corr to make arrangements for a cruiser escort on each day Chairman Kassler read a request from the Lexington Golf Club for an Lex Golf extension of hours of operation on Wednesdays from 6 00 p m. to 8 00 p m. Club - Mr Busa explained that Wednesday is the busiest day at the Golf Club Liquor Upon motion duly made and seconded, it was voted to approve an ex- License tension in the hourse of operation, under the Club liquor license, of the Lexington Golf Club on Wednesdays to 8 00 p m Chairman Kassler read a request from Chadwick's for an earlier open- Chadwick's ing of the restaurant, from 11 00 a m. back to 6 00 a m. Hours Upon motion duly made and seconded, it was voted to approve the hours of operation, under the Common Victualler's license, for Chadwick's, 903 Waltham Street, from 6 00 a m. to 11 00 p m 186 Selectmen's Meeting September 13, 1976 Appt -Bd Mr O'Connell informed the Board that the Board of Health recommends pp a a , of Health and he concurs, that Dr Michael S Erdos be appointed a member of the Board of Health, replacing Dr Ellicott Mr Miley asked if there were any other people recommending as to their preference? Mr Bailey felt that Dr Erdos was well qualified Chairman Kassler agreed Upon motion duly made and seconded, it was voted 4-0 to approve the recommendation that Mr O'Connell appoint Dr Michael S Erdos a member of the Board of Health to fill the unexpired term of office to April 30, 1979 Mrs Miley abstained H2033 Mr O'Connell discussed House Bill 2033 for food stamps to be sold Food in City and Town Treasurers' offices throughout the State An informa- Stamps tional hearing is to be held on September 16 and there is time to contact our legislators to go on record as opposing it Mr Bailey- Is it a mandate that they be sold at Treasurers' offices? Mr O'Connell It is a method by means of broadening the base 'of mak- ing food stamps available Mrs Miley This is in addition to other sources? Mr O'Connell Yes This would make it legally permissible It raises the question where it might become a Town matter, such as con- ducting a Town business Mrs Miley- I assume there is no profit to the Town Chairman Kessler I must admit that I have no strong feelings on this subject Based on not knowing what the intent is, I am concerned to support something I don't fully understand Maybe there are indica*, tions here that aren't evident I, for one, am not ready to say I am going to strongly oppose it because I don't understand it fully at this time Mr Bailey moved and Mr Busa seconded a motion to take a position opposing House Bill 2033 Upon motion duly made and seconded, Mr Bailey and Mr Busa voted in favor of opposing House Bill 2033 and Chairman Kessler, Mrs Battin and Mrs Miley voted in the negative Mr Bailey That indicates support for the legislation and I think you ought to clarify your final vote Chairman Kassler, Mrs Battin and Mrs Miley voted in the negative, pending additional information on the intent of House Bill 2033 Pub Works Mr O'Connell discussed the Public Works Employment Act of 1976 and Unemployment recommended that the Town not go forward on the preparation of an appli- Act of 1976 cation because - 1 Unemployment rate Lexington would fall in the 30% instead of 70% funds' group, and the so-called official rate of about 6% on a national pool basis, which would be the lowest priority group The odds are 500-1000 to 1 for total funding 187 Selectmen's Meeting September 13, 1976 II III 2 Project ranking We would lose on the unemployment factor as the money will flow to a few projects from high unemployment areas 3 Project eligibility The 90-day period from approval to hiring is very important, as a project which can't demonstrate in its appli- cation that it could advertise for bids in 45 days would be rejected for not meeting the 90-day requirement Lexington has nothing even near that status 4 Other requirements Environmental impact will be a consideration If citizens' groups raise questions which could not be adequately answered at the time, then the project would get an unfavorable score Mr O'Connell I am recommending that the capital budget planning and review process be used to generate potential projects, but only those which would represent a high priority town need, which would be funded at some time, should be considered and assessed in early 1977 on a ready-to- go basis; then proceed to complete the engineering with local funds ob- tained in the capital budget Mrs Miley I believe we received a communication from the Mass League of Cities and Towns whereby the application has to be made by November 1, after a Town Meeting Would that be 1977? Mr O'Connell It refers to the 90-day hiring clause; when you make application, you have to prove you are ready in 45 days to go out to bid Chairman Kassler Our chances of success do not seem to warrant the effort IIIMr O'Connell Yes, plus the unemployment factor comes into it in terms of project rating The Board approved Mr O'Connell's recommendation not to proceed with the application for the Public Works Unemployment Act Mr O'Connell reminded the Board of the bids received on the instal- Munroe lation of the Munroe School Traffic Signal Sch Traf Chairman Kassler We have Mr McSweeney's list of possible cutbacks Signal and we could look at the entire matter of the capital budget next week It was agreed to table the matter of bids on the Munroe School traffic signal for further discussion next week Mr O'Connell submitted the monthly report from the Police Depart- Police went on towing of the 42 towing assignments, Bob's received 18; Mal's Towing received 11; B & R received 13 Mr O'Connell informed the Board of his intention to recommend for Permanent appointment, or Mr Perry to appoint, Mr James Scanlon, 66 School Street, Building to the Permanent Building Committee He is a professional and would make Committee an especially fine contribution to the Committee Also, Mrs Edith Appointment Levine, an interior decorator, is recommended for your consideration Chairman Kassler I think Mr Scanlon is an excellent choice but, as long as I have been a member of the Board, we have tried to let each other know about appointments at least a week in advance This is the first 111 time I have seen either Dr Erdos or Mr Scanlon before us They are excellent choices but, in the future, it is the Board's choice not to vote 188 Selectmen's Meeting September 13, 1976 on a name brought up on that evening Mr O'Connell I understand your point but I think the Board under- stands the closing out of my services, and this is not an appointment ap- proved by the Board NOTE Mr Scanlon was appointed by Mr O'Connell on September 14, 1976 Cassidy-DPW Mr O'Connell recommended that the Board approve Mr McSweeney's re- Sick Leave quest for an extension of 30 days' sick leave for Robert Cassidy, DPW employee, subject to repayment. Upon motion duly made and seconded, it was voted to approve an ex- tension of 30 days' sick leave for Mr Robert Cassidy, DPW employee, subject to repayment Oneida Mr Cohen recommended that the Board approve the request of the Con- Order of servation Commission to take by eminent domain the land owned by Oneida Taking Corporation and located off Winchester Drive, as approved by the 1966 Annual Town Meeting under Articles 81 and 83 The problems have all been resolved and this acquisition completes Town ownership of Whipple Hill Mr Cohen requested the Board to sign the Order of Taking Upon motion duly made and seconded, it was voted to approve the re- quest of the Conservation Commission, and to sign the Order of Taking by eminent domain the land owned by Oneida Corporation, which is located off Winchester Drive, containing 4429 square feet, at the agreed price of $3,321 75 Use of The Board discussed the establishment of a policy on the use of the Battle Battle Green Green Chairman Kassler Some time ago, someone asked me what my feeling was about political speeches on the Green, and I thought that would be great Last week, we got a request for a local political rally on the Green and I thought I didn't want it but after thinking it over, I felt that perhaps I was right the first time Either this is the place for free speech and we are going to allow freedom of expression on the Battle Green, or not Then, someone objected to a couple of youngsters throwing frisbees and I asked myself if the Green is a place for people just to sit or to have kids throw them around? I open it up for anybody who wishes to comment as I think it is time for discussion, and I welcome the chance to bring it before the community During a lengthy discussion, the following opinions were expressed Mrs Battin felt that, under freedom of expression, the Green ought to be used for political speeches; concerts, games, etc ought to be judged individually on size, traffic, police protection, and the use of the neighborhood If outsiders want to use the Green, somebody locally should bear the costs of protection and cleanup Mr Bailey and Mr Busa agreed to refer to Town Counsel for clarifi- cation of the Battle Green By-Law and a legal opinion on conditions to be used in establishing a policy on the use of the Green. Mr Robert Kent also agreed to referral to Town Counsel Mrs Emily Frankovich recommended freedom of speech and assemblies without restrictions 189 Selectmen's Meeting September 13, 1976 Mr Roger Trudeau expressed the opinion that anyone has the constitu- tional right to assemble anywhere provided it is in a quiet and orderly manner and no violation of the laws Chairman Kessler did not agree that there should be a public sponsor He felt that it is the Town's responsibility to make sure that anything is done in an orderly and peaceful manner He said that we have the facility and the authority to take care of it The question is, "If he sets up and is quiet, does he really need a permit?" Mr O"Connell pointed out that restrictions were put on the use of the Green in 1970 He had looked into federal regulations and the National Park Service operates under them but still grants a permit in which they limit the size, that it be orderly, and requests a time schedule; then you don't have an after-the-fact by having a candidate come at 11 00 a m. on Sunday with microphones A permit does not allow the right to do what the law prohibits The Board agreed to refer the matter to Town Counsel for clarification and a legal opinion on the use of the Battle Green Mrs Renee Cochin met with the Board to discuss the Mystic Valley Choate Health Clinic and the Choate Hospital Hospital- Mrs Cochin In January, the Choate Hospital and the Mystic Valley MVMH Clinic entered into an affiliation agreement to establish a comprehen- sive community mental health center, to become effective when a federal grant was received Part of the agreement was that the Hospital agrees that its adult inpatient psychiatric unit will be an essential element of the Mystic Valley Comprehensive Community Mental Health Center The catchment area is comprised of Arlington, Burlington, Lexington, Winchester, Woburn, and Wilmington, which has recently been added In May, 1975, a 10-year federal grant of over $4 million was awarded provided essential services are provided On May 10, 1976, Choate Hospital served notice of termination of the agreement, invoking a clause which allgws either party to terminate 120 days after notice This notice be- mimes effective September 2 and it places the funding in jeopardy since tie federal government has the power to withhold funding or withdraw the grant in those circumstances The reasons given by Choate Hospital were (1) the intensity of interagency conflicts between the Center and the Hos- pital; (2) to better define the boundaries between the two agencies We have not been successful, and the Department of Mental Health has not been successful, in resolving the problem, so a group of ten citizens, who are members of the area board and the association, took another action and petitioned the Public Health Council to speak on the application for a certificate of need for a satellite clinic in Wilmington it is the right of citizens to speak when a certificate of need is applied for We do not mean to be vindictive but we do have serious questions about the suitability of Choate Hospital to be the provider of those health services, based on our experience with the Hospital Lexington, as well as other towns, have quite a say in the continuation of Mystic Valley services The Town has received the services many times and has indicated its support of the health center Many citizens have received services, 190 Selectmen's Meeting September 13, 1976 111 the school system receives consultation services, and nursing homes I am sure that the Town has a large say and you, as the Town, could write to the Department of Public Health, expressing the concern of the Town for the continuation of the needed services and to ask them to do whatever is in its power to see that our affiliation is not cut off Mr Bailey I feel that the action taken by the separate group was to achieve their own ends The Town of Wilmington is being denied because of this particular conflict I have been exposed to the other side of the story and I don't know which is right or wrong We are placed in the position of having extensive hearings and I am reluctant to get this Board tied up at this time until we get all the facts Mrs Battin Negotiations have broken down and it seems that the only way for negotiations to go on would be to write letters to the other towns to see if they might intercede and ask them to get back to the bar- gaining table Mr Bailey Mrs Cochin asked us to take a position Mrs Cochin Perhaps there is some misunderstanding I don't ask you to take sides The concern of the Area Board is that there negotation be- tween the Hospital and Center That is what we want We did not ask that certificate of need be denied We asked for negotation as we have an area of 165,000 people and our concern is for continued services, and that we get the parties together Mrs Miley I feel at a loss because I have not heard from the other IIIside, and perhaps Mr Bailey could help us to get in touch with the others Mr Bailey I do not have a direct line Mrs Battin Mr Bailey has a justifiable point to hear the other side I suggest that we write to the other towns and arrange a joint meet- ing to determine why and how negotiations have broken down and how they can be successfully reinstituted. Mrs Bailey had no objection Mr Busa Your reports are questionable as to 165,000 people and how many people are being serviced I would like the State Auditor to c in and look at the books As for your reference to nursing homes, I woof' like a copy of site visiting reports On Mystic Valley Mental Health Clinic, I said five years ago that we are buying a monster; it should be consolidated back to a counselling factor When state and federal funds dry up, the five towns will be responsible for it I would like to see the scope of MVMH Mrs Cochin We will give you an audit, which was made last year, site visiting and other available reports Upon motion duly made and seconded, it was voted that the Board of Selectmen write to the five (six) Mystic Valley towns to recommend that we schedule a joint meeting of our respective Boards and Boards of Health, with representatives of the Mystic Valley Area Board, Choate Hospital, and the Regional Office of the Department of Mental Health in order to determine why and hownegotiations have broken down and how they can be successfully reinstituted, subject to the understanding that MVMH submits to the Board an audit and site visiting reports In addition, the Lexing- ton Board of Health is to submit a report on Choate Hospital/Mystic Valley111 191 Selectmen's Meeting September 13, 1976 Health Clinic Upon motion duly made and seconded, it was voted 5-0 by roll call Executive vote to go into Executive Session for the purpose of discussing strategy Session with respect to collective bargaining After discussion, it was voted to go out of Executive Session and resume the open meeting Chairman Kassler read requests from the Pilgrim Church for a bake Permits sale and from -the Krebs School for a School Fair on their grounds Upon motion duly made and seconded, it was voted to grant permis- sion to the Pilgrim Congregational Church for a bake sale on the Visi- tors' Center grounds on Saturday, October 2, 1976, from 10 00 a m. to 2 00 p m. The Board had no objection to the Krebs School having a School Fair on their grounds on September 19, 1976 Chairman Kessler read a letter of resignation from Mr Bogen Resigna Upon motion duly made and seconded, it was voted to accept with Traffic regret the resignation of Mr Herbert L Bogen as a member of the Safety Traffic Safety Committee. Mr Bogen had explained that it was not possible for him to attend mid-morning meetings of the Committee during the week, especially Tues- day mornings when meetings are scheduled. The Board suggested that Mr McSweeney might arrange early morning or evening meetings of the Traffic Safety Committee Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meeting of August 25, 1976 Chairman Kessler read a request from Mr McSweeney to sign better- Sewer & ment assessments Sidewalk Upon motion duly made and seconded, it was voted to sign the fol- Betterments lowing betterment assessments - Sewer Appletree Lane, Banks Avenue, Bates Road, Carriage Drive Coach Road. Sidewalk Grant Street, Tewksbury Street Chairman Kassler read a request from W R. Grace for a 1-day special W R.Grace liquor license Special Upon motion duly made and seconded, it was voted to sign the 1-day Liquor special liquor licenses for retirement parties on September 23 and License October 20, 1976, with a fee of $25 00 each, to be conducted by the W.R. Grace Recreation Association The Board discussed a request from Mr Theodore Rose, Athletic Min.Man Director of the Minuteman Regional School, for Town Surveyors to sur- Reg School vey their game fields so that they would be of regulation size Game Fields 192 Selectmen's Meeting September 13, 1976 Upon motion duly made and seconded, it was voted to assist the Minuteman Regional School by surveying game fields, subject to the stipulation that pertinent information be submitted to Mr McSweeney on a layout plan, location and number of field layouts, type of fields, time schedule involved. Appointment Chairman Kassler requested the Board to discuss Mrs Battin's rec- Criteria ommendations on the charge to the Appointment Criteria Committee members Committee when they are appointed. Upon motion duly made and seconded, it was voted that the Appoint- ment Criteria will consist of seven members, who will consider all appointments made by the Board of Selectmen, and make recommendations on the length of terms, staggering of terms, holding of more than one office, and action by each committee on continued absenteeism. Chairman Kassler As I see it, this will be an on-going committee for about a 2-year job and we will ask them to set the criteria and to work out what qualifications they think should be set I hope we can all agree on a set of public standards Upon motion duly made and seconded, it was voted to table until September 20 the appointments to the Appointment Criteria Committee Kanter Mrs Battin informed the Board that she and Mr Cohen had met with Bushnell Dr Mr Kanter and he asked if it was absolutely necessary to take his ease- Waltham St ment from Bushnell Drive to Waltham Street Perhaps we should refer it Easement to the Traffic Safety Committee to see if it was necessary Upon motion duly made and seconded, it was voted to request the Traffic Safety Committee to evaluate the discontinuance of the right-of- way between Bushnell Drive and Waltham Street because of the installation of traffic signals at Waltham Street and Worthen Road. Mr Kanter was present and questioned the vote Chairman Kassler We are asking a panel of experts to look at the situation as you requested If you will look at the minutes of the Town Meeting, that decision was reached in full open session at the Town Meet- ing We, at the time, thought it was simple and straightforward, and then you came to us and we now put it in the hands of the proper authori- ties Mrs Battin suggested it be given to the Traffic Safety Committee and ask them to take another look and come back to the Board You have the option of looking into the Town Meeting vote Fall Clean- Mr Buse informed the Board that residents had talked to him about up Day the untidiness of the streets in Lexington and the appearance of some areas has become deteriorated. We have worked on a proclamation and it is requested that the Board proclaim a Lexington Awareness Day Upon motion duly made and seconded, it was voted to proclaim October 2, 1976 as Lexington Awareness Day PROCLAMATION WHEREAS the Bicentennial year is a most appropriate time to take action to renew a sense of pride in our community and I 9 3 Selectmen's Meeting September 13, 1976 11 WHEREAS in the past several years, the appearance of some areas of the town have become deteriorated, including some of the parking lots, public and individual properties, and WHEREAS with the increase in population of the town, it has become more difficult for the town government to maintain public property in perfect condition and WHEREAS if we want to keep our town a beautiful place in which to live without placing an added burden on our tax rate and WHEREAS the Board of Selectmen desires to make our townspeople increas- ingly aware of our environment and of what each individual can do to improve it, and if every resident would take care of his property or adjacent areas, without any residents, just by pick- ing up the litter and cutting the grass, it would help make our town more beautiful THEREFORE, BE IT RESOLVED, that the Board of Selectmen of the Town of Lexington declares October 2, 1976 as LEXINGTON AWARENESS DAY Upon motion duly made and seconded, it was voted 5-0 by roll call Executive II/ vote to go into Executive Session to discuss strategy with respect to Session litigation and, also, the reputation of a person. After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 11 45 p m. A true record, Attest. )),_ a-) (r= -• Executive Clerk, Selectmen I _ _ 194 SELECTMEN'S MEETING September 20, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, September 20, 1976, at 7 30 p m. Chairman Kessler, Mr Bailey, Mr Busa, Mrs Battin and Mrs Miley; Mr Perry, Acting Town Manager; Mr Cohen, Town Counsel; Mrs McCurdy, Executive Clerk, were present Jurors At the request of the Town Clerk, eight jurors were drawn Walter Luscombe, 53 Simonds Road; Sandra A Jones, 11 Downing Road; Maria Bartolotti, 1132 Mass Avenue; Walter E Pedroli, 4 Great Rock Road; Frank E Rymes, 68 Outlook Drive; Haig Sarian, 3 Pheasant Lane; Paul R. Smith, 31 Tyler Road; Norman E Coates, 30 Donald St Voter Chairman Kassler read a request from the League of Women Voters to Registra proclaim the week of September 28 to October 5, 1976 as Voter Registra- Week tion Week; also requesting permission on October 2 for a 6 ft table with a Register to Vote banner across it on the grass or sidewalk beside Town Hall Mr Busa had no objection to the proclamation but had a strong ob- jection to a banner in front of Town Hall as the policy was drawn by the previous Board of Selectmen that no banners were to be hung near the Town Hall Also, he felt it was in infringement of the By-Law Other Board members had no objection as the banner was to be on a table Upon motion duly made and seconded, it was unanimously voted to proclaim the week of September 28 to October 2, 1976 as Voter Registration Week Upon motion duly made and seconded, it was voted 4-0 to grant per- mission to the League of Women Voters for a 6 ft table to be set up with a "Register to Vote" banner across it, to be located in the grass area so that traffic would not be impeded on the widewalk Mr Busa voted in the negative Choate Dr Cosgrove, Chairman of the Board of Health, met with the Board Hospital- to discuss the Choate Hospital/Mystic Valley Mental Health Clinic agree- MVMH ment Dr Cosgrove Federal funding is for staff salaries, only I con- tacted Mr Downey, President of Choate Hospital Trustees, who said that the cause of the trouble was that, after the agreement was signed, Choate only received 1/3 of the inpatients from Mystic Valley Those with money were referred to hospitals outside the area, such as Mt Aburn, while 38% of those referred to Choate were non-paying patients Once they got the grant, M V phased out the "5 days a week" clinic and that left the Woburn area without an outpatient clinic When asked if the certificate of need had been denied, he replied that it had been tabled for the next _ 1J Selectmen's Meeting September 20, 1976 meetingThese were the only reasons Mr Downey would give outside of a clash of personalities Dr Cosgrove suggested that a member of the Board of Health and the Board of Selectmen from each town meet with Choate Hospital Trustees and also with Mystic Valley in order to hear both sides of the story Mrs Battin and Dr Cosgrove are to represent the Town of Lexington Upon motion duly made and seconded, it was voted that arrangements be made for a meeting to be held with a member of the Board of Health and a representative of each of the towns involved in the Choate Hospital/ Mystic Valley agreement in order to resolve the current situation Mr Perry, Acting Town Manager, discussed the Board's request for a FY 77 5% reduction in FY 77 expenditures He explained that if there was a Budgets general 5% reduction, on next June 30, the balance would go in E & D and be certified by the Bureau of Accounts It would be available in FY 78 to reduce the tax levy in FY 79 The only impact this year would possibly be in the area of some articles by putting a hold on them. Mr Bailey asked about spreading this year's capital budget over two years Mr Perry That would have an impact After discussion, it was agreed 1 On September 27, Mr Perry is to submit a tabulation of the re- ports from department heads regarding the Board's request for at least a 5% reduction in FY 77 expenditures 2 On September 27, the Board will review the list of FY 77 capital and operating budget items submitted by Mr McSweeney for possi- ble delay 3 Mr Perry and Mr McSweeney are to reassess projects which would be eligible for the Public Works Unemployment Act During the discussion, Chairman Kassler recommended that the Board Munroe proceed with a decision on the installation of traffic signals at the School Munroe School on Massachusetts Avenue Traffic Mrs Miley informed the Board that she had received a call from Lights Mrs. Melcher asking that the Council on Aging be recorded in favor of the installation of the traffic lights because of the elderly residents in the area It is so noted in the record Mr Busa recommended that the Board also go forward on the instal- lation of traffic signals at Waltham Street and Worthen Road Mr McSweeney explained that the bids have not been received yet Mr Perry recommended that the contract for the installation of traffic signals at the Munroe School be awarded to the lowest bidder, New England Traffic Signals, Inc , Winthrop, in the amount of $6,870 The next two low bidders were Traffic Systems Co , Inc , Clinton, at $7,155; Healey Bros , Inc , Norwell, at $7,454 Upon motion duly made and seconded, it was voted to award Contract Ill 77-9-E to New England Traffic Signals, Inc for the installation of traffic signals at the Munroe School in the amount of $6,870 196 Selectmen's Meeting September 20, 1976 H 3023 Mr Perry advised the Board that House Bill 3023, an Act relative Food to the distribution of food stamps through City and Town Treasurers' Stamps offices, has been amended and he recommended that no action be taken at this time The Board agreed Tax Title Mr Cohen recommended that the Board sign the deed conveying tax Sale - title lot 26, Assessors' Map 24, located on Valleyfield Street Mr Valleyfield and Mrs Masciulli understand the condition of the vote of the Board on Street June 7, 1976 that the garage attached to their home would overhang no more than 14 feet on the new lot A check for $1,243 99 has been re- ceived, including $500 00 for the lot, $500 00 for street betterment, and $243 99 for sewer betterment assessment Arrangements have been made for payment of taxes for the portion of the year remaining after the date of conveyance Upon motion duly made and seconded, it was voted to sign the deed conveying lot 26, Valleyfield Street, to Ralph J and Mary E Masciulli of 59 Valleyfield Street This conveyance is made subject to easements and restrictions of record, if any, so far as are now in force and appli- cable to said land This conveyance is made subject also to the restric- tion that said lot shall be combined with the adjacent lot owned by the grantee and that for a period of ninety-nine years from the date hereof no building shall take place on said lot except for the construction of a garage attached to the existing dwelling on the adjacent lot, such garage to extend onto such lot no more than fourteen feet plus any over- hang and to be in compliance with all rules and regulations of the Town of Lexington Poles - Chairman Kessler read a petition from the New England Telephone Co Hinchey Rd to abandon nine poles on Hinchey Road. A report from the Director of Public Works/Engineering recommended that approval be granted as this work was necessitated when the Kendall Corporation received permission from the Town to remove Hinchey Road and to proceed with the development of the area Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone Company to remove and abandon poles in the following location Hinchey Road Westerly side approximately 98+ feet south of Bedford Street, nine poles Pole - Chairman Kessler read a petition from the Boston Edison Company and Concord Ave the New England Telephone Company to relocate one pole on Concord Avenue Min Man A report from the Director of Public Works/Engineering recommended Ridge that approval be granted to relocate pole #21/18 on Concord Avenue op- posite Blossom Street because of the construction of the roadway to Minute Man Ridge, Section 2, subdivision Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison Company and the New England Telephone Company for 197 Selectmen's Meeting September 20, 1976 the relocation of one pole at the following location Concord Avenue on the southerly side, approximately 19+ feet west of Blossom Street one pole; One pole to be removed. Chairman Kessler read a request from the 5th grade students at the Willards Fiske School to conduct an archeological investigation at the old stone Woods fireplace in Willards Woods Mrs Miley- I received a call from one of the teachers regarding this project, and then talked with Mr Bertini, Recreation Director His comment was that Recreation was concerned with above-ground activi- ties but the Selectmen have jurisdiction on requests concerning below the ground Upon motion duly made and seconded, it was voted to grant permis- sion to the 5th grade students at the Fiske School to conduct, under supervision, an archeological investigation at the old stone fireplace in Willards Woods, subject to the condition that the Recreation Committee be advised of the date the project is to commence Upon motion duly made and seconded, it was voted to approve the re- Sewer quest of Mr McSweeney, Director of Public Works/Engineering, to sign Betterments sewer betterment assessments on Grant Street, Grove Street, Haskell Street, Morris Street, Peachtree Road, Pleasant Street The Board agreed that Mr McSweeney is to report on September 27 on Chap 90 the recommendation of a Chapter 90 street, to be submitted to the County Hearing Commissioners at the hearing on October 5, 1976 Chairman Kessler read a request from Ingersoll-Rand Company, New Permit Hampshire, to travel over Bedford Street to Massachusetts Avenue to the Oversized Arlington line with an oversized shipment of eleven pulp washer cylinders Shipment Reports from Public Works, Fire Department and Police Department Through indicated there were no objections but Police Chief Corr requested that Town his department be notified by the company of the exact date and time the truck would be travelling through the Town Upon motion duly made and seconded, it was voted to grant permission to Ingersoll-Rand Company, 150 Burke Street, Nashua, New Hampshire, to transport an oversized shipment of eleven pulp washer cylinders through the Town of Lexington from Bedford Street, left to Massachusetts Avenue through Lexington Center to the Arlington Town Line, subject to the con- dition that Public Works, Fire and Police Departments be notified of the date and time of transport Chairman Kessler read reports from the Planning Board, Traffic Safety Great Committee and the Conservation Commission regarding the request from the Meadows- Town of Arlington to install a 30 ft driveway opening to service a pro- Maple St posed gravel parking area to be located off Maple Street in Lexington at Parking Lot the Great Meadows The report from the Conservation Commission states that it supports a parking facility to encourage proper use of the land. The joint Arlington- 198 Selectmen' s Meeting September 20, 1976 Lexington Great Meadow Committee had inspected the area and although gt P the traffic problems are potentially serious on Maple Street, the visibility of access to the Great Meadow would seem to outweigh this problem. The Planning Board supported the position of the Conservation Commis- sion The Traffic Safety Committee had reviewed the area and would not oppose the granting of permission if consideration is given to adequate access and egress, along with proper site distance in the design Upon motion duly made and seconded, it was voted to approve the request of the Town of Arlington for the installation of a 30 ft driveway opening to service a proposed gravel parking area to be located off Maple Street in Lexington to provide access to the Great Meadows, subject to the condition that the Arlington Engineering Department contact Mr McSweeney, Director of Public Works/Engineering, for discussion and final approval of the plan Resigna Chairman Kessler read a letter of resignation from Mr Donald E Bd of Nickerson as a member of the Board of Appeals because he is moving to Appeals Florida Upon motion duly made and seconded, it was voted to accept, with regret, the resignation of Mr Donald E Nickerson as a member of the Board of Appeals Mr Busa suggested that an appointment be made on September 27 to fill the vacancy The Board agreed. Appts The Board discussed a memo from the Youth Advisory Commission recom- Youth mending nominees for appointment to the Commission Advisory Chairman Kessler suggested that one or two Police Officers be ap- Commission pointed as ex-officio members in order to keep the Police involved Mrs Miley agreed and recommended Officers John Shine and Daniel Hoag Mr Busa asked that Chief Corr be approached for his comments before those appointments were made He also questioned the list and said, to his knowledge, it had not been voted by the entire commission but only two members Chairman Kessler replied that the list was submitted as a result of the Board's joint meeting with representatives of the Commission and the League of Women Voters, and he assumed that it was approved by the rest of the Commission Mr Bailey pointed out that, at this stage, it is only a fragmented committee He moved that the Board appoint those on the list and, later on, to appoint others Mrs Miley mentioned that a father and son were included and perhaps the Board might prefer not to have two people from one family participating on the same committee The Board agreed to contact the father and ask for a decision as to which one would be willing to serve Upon motion duly made and seconded, it was voted to appoint the follow- ing members of the Youth Advisory Commission for a term of office expiring 199' Selectmen's Meeting September 20, 1976 September 30, 1977 Adult Members Mary W Miley, Stephen Politi, Robert R. Gower, Mary Fran Anderson, Winston E Flynn, Millie A. Stevens Lexington High School Seniors Ellen Boyle and Nancy Abelmann Juniors Laura Gallant and Patti Lynah Sophomores Jeffrey Spencer Jr High School Jonas Clarke Martha Eddison Upon motion duly made and seconded, it was voted to remove from the Appointment table the list of nominees, compiled by the Board, for appointment to the Criteria Appointment Criteria Committee Committee After discussion, it was agreed to make the appointments Upon motion duly made and seconded, it was voted to appoint the fol- lowing members of the Appointment Criteria Committee, who will review the qualifications and submit recommendations to the Board of Selectmen on criteria for all Selectmen-appointed Boards and Committees Dan H Fenn, Jr. , Chairman, Guy W Doran, John To Harvell, Judith B Marshall, Frank H Totman, Margot Tutun, and Weiant Wathen-Dunn Chairman Kassler informed the Board that the question has been raised Political again on the policy (voted on August 26, 1974) of prohibiting any polit- Tours of ical activities within the Town Office Building; specifically, tours of Town Office the building or distribution of political material Building Mrs Miley expressed her feeling that if a person wanted to go through the building quickly, without distributing political material, she would have no objection Chairman Kassler, Mr Bailey and Mr Busa agreed to reaffirm the present policy Upon motion duly made and seconded, it was voted 4-0 to reaffirm the vote of the Board of Selectmen on August 26, 1974 to prohibit any polit- ical activities within the Town Office Building Specifically, there are to be no tours of the building or distribution of political material Chairman Kassler read a request from Mr McSweeney, Director of Pub- Intent to lic Works/Engineering, to vote an intent to take temporary construction take constr easements for the installation of the sidewalk on Forest Street easememts Mr McSweeney assured the Board that all abutters will be notified Forest St of the intent and, being a short stretch, he anticipated no problems Sidewalk with shrubs and bushes Upon motion duly made and seconded, it was voted an intent to take temporary construction easements for the installation of the sidewalk on Forest Street The Board discussed two bids received for printing the Warrant for Contract Election Day, November 2, 1976 Lexington Press, Inc bid $590 for 8- Nov. 2 pages and $880 for 12-page warrant; Maran Printing Service, Inc bid Election $535 for 8-pages and $640 for 12-page warrant 2.0 0 Selectmen's Meeting September 20, 1976 Upon motion duly made and seconded, it was voted to award the contract to Maran Printing Service, Inc , Arlington, for printing the warrant for Election Day, November 2, 1976 9500 copies of 8 page warrant $535; 9500 copies of 12 page warrant $640 Polling Upon motion duly made and seconded, it was voted to set the polling Hours hours of 7 00 A.M. to 8 00 P M. on November 2, 1976 Nov 2 Mrs Miley mentioned the problem on election days of cars parking in Estabrook the Estabrook School circle and Grove Street School Mr McSweeney agreed to review it with the Traffic Safety Committee Parking at the meeting tomorrow morning Town Mgr Upon motion duly made and seconded, it was voted to authorize the Bond Chairman to sign the $50,000 bond release for Mr Walter C O'Connell Upon motion duly made and seconded, it was voted to approve the bond of Mr Richard M. Perry, Acting Town Manager, in the amount of $50,000 Permit Chairman Kessler read a request for a relay race on October 9, 1976 Upon motion duly made and seconded, it was voted to grant permission to the New England Jogabouts for a relay race to be conducted on October 9 from Fiske Hill to Massachusetts Avenue to the Battle Green, subject to the usual regulations of the Town Manager and the Police Department Permit- Chairman Kassler read a request from the producer of the Good Day Battle Television Program to film the Sweet Adelines singing on the Green Green It was the concensus that absolutely no commercials are to be associated with any filming of the Minuteman or the Green. Upon motion duly made and seconded, it was voted to grant permis- sion to the Good Day Television Program for the use of the Battle Green while filming the Sweet Adelines singing group on Wednesday, September 22, 1976, from 7 00 A M to 12 00 Noon, subject to the conditions that the producer is to contact Mr Perry, Acting Town Manager, to discuss the de- tails; Chief Corr regarding the traffic situation; the Department of Public Works for a permit to go on the Green Town Mgr Chairman Kessler read a memo from Mr Charles Cook, Personnel Admin- Search istrator, enclosing estimated travel expenses for Town Manager candidates Expenses in the amount of $3,020 and expenses to date of $1,875 If approved, the estimated total of $4,895 is to be paid out of Personnel Expense Account #1350, and the actual monies expended to be transferred from the Reserve Fund The Board approved the recommendation that expenditures for the search for Town Manager candidates are to be paid out of the Personnel Expense Account #1350 with the understanding that the actual total amount is to be transferred from the Reserve Fund Executive Upon motion duly made and seconded, it was voted, 5-0 by roll call Session vote, to go into Executive Session to discuss strategy with respect to 2 Cl Selectmen's Meeting September 20, 1976 collective bargaining and litigation, personnel matter, and the reputa- tion g � tion of a person After discussion, 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 F)/(--dte--?-))2/ )2C gxecutive Clerk, Selectmen 202 SELECTMEN'S MEETING September 27, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, September 27, 1976 at 7 30 p m. Chairman Kassler, Mr Bailey, Mr Busa, Mrs Battin and Mrs Miley; Mr Cohen, Town Counsel; Mr Perry, Acting Town Manager; Mr Martin, Assistant Town Engineer; Mrs McCurdy, Executive Clerk, were present. Treasurer Mr Louis Zehner, Town Treasurer, met with the Board to request ap- proval of borrowing $600,000 in anticipation of taxes; notes to be dated October 1, 1976 and mature on November 1, 1977 Bids were received as follows New England Merchants Bank at 2.24% on $300,000 and 2 39% on $300,000; a joint bid from the sister banks, Middlesex Bank and Newton Waltham Bank at 2 24% on $600,000 He recommended approval of dividing loans for $200,000 to each bank Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Treasurer to borrow $600,000 in anticipation of taxes with notes dated October 1, 1976 and maturing on November 1, 1977 as follows New England Merchants Bank at 2 24% on $200,000; Middlesex Bank at 2 24% on $200,000; Newton Waltham Bank at 2 24% on $200,000 Mr Zehner also negotiated renewal of notes on $355,000 in anticipa- tion of bonding four conservation land purchases; notes to be dated October 1, 1976 and mature on May 1, 1977 He anticipated going to market for a bond issue on May 15, 1977 He recommended the award to Harvard Trust Company at 2 75% on $355,000 Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Treasurer to renew the notes on $355,000 by awarding it to the Harvard Trust Company at 2 75% Mrs Battin The Board congratulated Mrs Battin on her recent election as the Mass Sel first woman Treasurer of the Massachusetts Selectmen's Association Treasurer Mrs Battin informed the Board and Mr Zehner that the 1975 Lexington Town Report had won third prize in the Massachusetts Select- men's Association contest and she had accepted the award in behalf of the Board, the Town Report Committee, and the Town Also, she had accepted awards for pictures that Mr Zehner had entered, for the Town, in the Municipal Photography Contest First prize in the public interest category; second prize in the action category; second and third prizes in the candid category; second and third prizes in the landscape category Board members expressed sincere appreciation to Mr Zehner for his outstanding achievements while serving as Chairman of the Town Report Committee Mr Zehner retired from the meeting Mass. The Board agreed to have an agenda item at the next meeting for Select Mrs Battin to discuss a legislative lobbying program recommended by Assoc the Massachusetts Selectmen' s Association Legislative Committee 203 Selectmen' s Meeting September 27, 1976 Dr Kassler discussed additional appointments to the Youth Advisory Youth Committee Last week, the question arose as to whether two members of a Advisory family should serve on a committee and it was agreed to leave the deci- Commission sion to Mr Myron Miller and his son, Peter It is Mr Miller's feeling Appts that Peter should be appointed but he will always be available on a voluntary basis The Board concurred on the appointment of Mrs Margaret Cole as an adult member Dr Kassler informed the Board that Chief Corr has endorsed the ap- pointment of Officers Shine and Hoag as ex-officio members Upon motion duly made and seconded, it was voted to appoint the following members of the Youth Advisory Commission Mr Peter Miller, representing Lexington High School as a member of the sophomore class; Mrs Margaret Cole, as an adult member; Officers John J Shine, Jr and Daniel F Hoag, ex-officio members Terms of office expire September 30, 1977 Mr Paul MacKenzie, Chairman, and members of the Planning Board met Grey Nuns' with the Selectmen Property Discussion was held on the proposal from Meredith & Grew, Real Estate Brokers, for the Town to purchase the Grey Nuns' property on Pelham Road. Chairman Kassler said that all interested Town agencies had responded that, because of lack of funds, they had no interest in this acquisition Furthermore, because of the possibility of schools being phased out, con- sideration would have to be given to the use of those buildings by Town agencies We are now in the midst of cutting back on expenditures and it is the feeling of the Board that this is over our heads The Planning Board agreed that there was no pressing need to con- sider the proposal but, if the price diminished, perhaps reconsideration could be given It was the final determination to write to Meredith & Grew informing them of the concensus that the Town of Lexington would not be interested in acquiring the Grey Nuns' property at this time and at the current offer of sale price Chairman Kassler asked for comments from the Planning Board regarding Zoning - the excessive number of banks in the Center and if consideration had been Central given to Center zoning and the possibility of Articles for Town Meeting District Mr MacKenzie replied that no conclusions had been reached on a zon- ing Article but the Planning Board sees a variety of actions that could be taken to limit the number of banks, possibly by bringing it to Town Meeting as a change in the by-law An alternative would be to have some change in the central business district or some definition of controlled commercial zone adjustment to the central district by having it go further up Waltham Street; to be a buffer zone not as freewheeling as the central district A committee of six has been formed, under Mr. Zabin's chairman- , ship, to review and potentially revise the entire zoning by-laws, which is necessary in order to comply with the new Zoning Act In December, the 204 Selectmen's Meeting September 27, 1976 committee will submit proposals for consideration of the Planning Board. Mr Zabin outlined three priority items of his committee (1) revi- sions that are mandated by the new Zoning Act (these revisions are not simple and will take time); (2) changes not mandated by the Act; (3) gen- eral changes that might be desirable (banks might fall into this category) If the Board of Selectmen has a priority regarding the banks, we might move them up Mr Cohen asked if the committee planned on having those changes in 1977? Mr Zabin replied that they hope to do the first classification the first year, and it might be possible to do the second classification, also; the third classification, the next year Mr Cohen advised that they should keep in mind that this would mean that the new Zoning Act would be accepted in 1978 Mr MacKenzie suggested that they might be able to advance it for acceptance of the new Zoning Act in 1977 He also said that, as a result of the recreation study, there will be warrant Articles, plus Articles because of the by-law revisions He had heard there will be citizens' Articles, but hadn't heard of any pressure being put on about rezoning in the central district Chairman Kassler said that a joint meeting with the Recreation Committee will be held in a few weeks to discuss the report on the recrea- tion study and related problems Hartwell As a matter of interest to all, Chairman Kassler said that repre- Landfill sentatives of the Selectmen, Planning Board, Conservation, Engineering, and citizens' groups have been working quietly and diligently on the matter of solid waste° and the sanitary landfill Mrs Miley is Chair- man of the group that has been making some active inquiries into planning of the area, and Frank Sandy is Chairman of the group which has been actively working on problems of maintaining the sanitary landfill so that we may viably enter into a program of solid waste Mr MacKenzie said that the Planning Board will sit in on a meeting next week for a review of the problems with DPW, Frank Sandy, and the committees Chairman Kassler stated that he had very positive feelings about the outcome He thanked the members of the Planning Board and they retired from the meeting Board of The Board discussed an appointment to the Board of Appeals Appeals Chairman Kassler Due to the retirement of Mr Nickerson, we have Appt a vacancy on the Board of Appeals Mrs Battin In order to continue the best possible balance, I would like to nominate Mr Thomas Taylor for appointment to the Board of Appeals Mrs Miley seconded the motion Mr Bailey and Mr Buse expressed strong feelings against selecting a junior associate member when there were three others with seniority They agreed that all associate members are qualified to sit on the Board 20 Selectmen's Meeting September 27, 1976 of Appeals but pp stressed the point that seniority is a very important factor They felt that, otherwise, it would be difficult to get future candidates for the associate membership Dr Kassler said that when an opening exists, he felt that it should be filled by the associate member who would contribute most to the over- all balance and needs of the Board of Appeals at that particular time Seniority should not be a determining factor As a lawyer, whose ex- perience, ability and integrity are undisputed, Mr Taylor is clearly needed now to help the Board of Appeals and he enthusiastically endorsed his appointment Upon motion duly made and seconded, it was voted, 3-0, to appoint Mr Thomas Taylor a member of the Board of Appeals for a term expiring March 31, 1977 Mr Bailey and Mr Busa abstained Chairman Kassler read a request from Mr McSweeney to sign Street Street and and Sewer betterment assessments Sewer Bettez Upon motion duly made and seconded, it was voted to sign better- Assessments ment assessments for the following streets Street Belfry Terrace, Tewksbury Street Sewer Rangeway, Summer Street, Scotland Road, Volunteer Way, Waltham Street, and Wood Street Upon motion duly made and seconded, it was voted to abate the sewer betterment assessment of Walter V and Suzena A. Farnham for parts of lots 24 and 25 Summer Street in the amount of $482 23 as the sewer is not constructed to service them. Chairman Kassler read a request from Mr McSweeney to sign Contract Contract 77-16-E, awarded to D.L Jones Subsurface Investigations, Inc , Peabody 77-16-E for test borings, in the amount of $8,400 Test Borings Mr Martin, Assistant Town Engineer, explained that this was put out for bid and the price is based on last year's experience with this type of service relating to sewers, drains, and water mains Upon motion duly made and seconded, it was voted to sign Contract 77-16-E, awarded to D L Jones Subsurface Investigations, Inc , for test borings, in the amount of $8,400 The Board discussed a report from Mr McSweeney recommending Town Chapter 90 streets to be proposed for highway improvements at the County Commis- sioners' hearing on October 5, 1976 regarding Chapter 90 construction Hancock Street from Bedford Street to Adams Street, approximately 2750 feet, and an alternate of East Street from Lowell Street to the Woburn Town line, approximately 665 feet During the discussion, it was pointed out that, last year, Town Meeting had turned down this section of East Street Mr Martin advised the Board that this section had been recommended by the State as it pre- fers to finish the East Street project Adams Street was also mentioned as an alternative ` 1IEi Selectmen's Meeting September 27, 1976 The Board agreed to discuss alternate streets at a later date and to instruct Mr McSweeney to present the proposal at the hearing on October 5, 1976, as follows Chapter 90 Construction Hancock Street, from Bedford Street to Adams Street, approxi- mately 2750 feet; estimated cost of $192,500; estimated Town expenditure of $60,000 Town Report Mr Hal Singley, Chairman of the Town Report Committee, met with the Board. Mr John Blaisdell, Approporiation Committee; Mr George Silverman, Chairman of the Capital Expenditures Committee; Mr Stanley Toye, TMMA, and Mr Louis Zehner were also present Mr Singley informed the Board of the recommendations of the 1976 Town Report Committee 1 A 5 percent reduction from $10,000 to $9,500 but not to decrease the number of copies, 10,000, printed last year 2 Part I to be reduced from 96 to 80 pages; Part 2, to hold to 112 pages but try to reduce to 96 pages Part I To specifically allocate space for reports in order to curtail space Reports to be submitted on time is an absolute requirement 3 Office support for typing and re-typing Mr Buse recommended that a survey be conducted to see how many people are actually using or reading the report Mr Singley agreed that it could be considered The saving in the difference between 9,000 and 10,000 copies is not as significant as re- ducing the number of pages Mr Zehner recommended that the Board approve a budget of $9,500 for 10,000 copies as he felt that anything below that amount would be at the expense of quality Mr Blaisdell Looking at the anticipated tax rate for next year, and with all due respect for the previous jobs, the message from the Appropriation Committee is to cut back to the legal limit and distribu- tion A few years ago, we had 700 copies printed and there were some left over To cut back to the bare minimum, we would save something that we would have to look for elsewhere Mr Singley explained that it was $4 00 a copy for 700 copies in 1965 and, even with all the color, it was a little less than $1 50 a copy last year The Board agreed to continue the current practice of the distribu- tion of the Town Report but to study the matter of recommended changes for next year Upon motion duly made and seconded, it was unanimously voted to approve an operating budget not to exceed $9,500 for the Town Report Town' s Chairman Kessler read a prepared statement regarding the severe finan- Financial cial crisis facing the town. Crisis "The Board of Selectmen has been very concerned about the severe fiscal burden the Town is facing since the $1 million deficit in our State reim- bursement was announced this summer When we received that news we imme- diately instituted a review of the capital and operating budgets of all 0107 a Selectmen's Meeting September 27, 1976 departments in Lexington that are under our jurisdiction We now have reports back from each of our department heads in res- ponse to our request that at least a 5 percent cutback in operating ex- penses be considered, as well as some cuts in capital expenditures To- night, we begin the process of reviewing these reports with our Town Man- ager, Appropriation Committee, and Capital Expenditures Committee Additionally, we requested and have now been able to set up a joint meeting with the Finance Committees and the School Committee to consider what further united effort might be expended to relieve the financial crunch facing the homeowners of Lexington " The Board agreed to meet with the School Committee and request their Budget cooperation in reducing expenditures Also, Mr Perry is to talk with Reductions department heads on the possibility of a reduction in line items which were previously reported as being an impossibility this year The Board discussed a report from Mr McSweeney on projected FY 77 DPW overruns in the DPW budget which would result in transfer requests of Budgets approximately $73,000 Mr Bailey pointed out that in going through the budgets last fall, line items were established at very thin margins because of no previous experience in escalating costs of heating fuel, telephone, lights, etc Obviously, everything was underestimated Mr Cohen left the meeting at 9 32 p m. The Board discussed a list of DPW projects approved by the 1976 An- DPW 1976 nual Town Meeting and agreed to the following action Articles 1976 Art Action 11 Clean & maintain streams & brooks $ 15,000 Hold 16 Curb construction 8,000 Hold if possible 17 Drain construction 38,700 Hold 19 Sidewalk construction 27,000 Hold 20 Sewers 350,500 Proceed with those under application for Water Control Act; later recommendation on others 28 Comprehensive drainage study 25,000 Proceed 31 Estabrook School drain 10,000 Investigate 34,35,36 Traffic signals 40,000 Proceed 65,66,67 Street construction 100,000 Hold 25 Inflow infiltration study 20,000 Proceed Mr Perry informed that Board of a request from the Firefighters Permit Association to photograph a 1911 fire engine with the Minuteman statue in the background, to be used as the cover of a book on the History of the Lexington Fire Department The Board had no objection /623 Selectmen's Meeting September 27, 1976 CATV Mr Baileyadvised the Board that the Cable Television Advisory o y Com- mittee requests a meeting with the Selectmen He has been serving as liaison and mentioned the impossibility of attending all CATV meetings because of previous commitments The Board agreed that it was applicable to all and, therefore, Mrs Battin stressed the importance of the Selectmen receiving copies of minutes of committee meetings It was agreed to arrange a meeting with CATV Town Mgr Chairman Kassler reported that, of the 268 applications received, the Town Manager Search Committee recommends 7 candidates The Board is in the process of interviews and expect to narrow the field within a few weeks MVMH/ Mrs Battin announced that a letter of affiliation has been signed Choate by Mystic Valley Mental Health and Choate Hospital and, therefore, federal Hospital funds are not jeopardized There are some questions to be resolved and Mrs Cochin will report back to the Board Executive Upon motion duly made and seconded, it was voted, 5-0 by roll call Session vote, to go into Executive Session to discuss strategy with respect tb collective bargaining After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 1030 p m A true record, Attest NJ i NN Executive Clerk, Selectmen I 209 SELECTMEN'S MEETING October 4, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, October 4, 1976 at 7 30 p m. Acting Chairman Bailey, Mr Busa, Mrs Battin and Mrs Miley; Mr Perry, Acting Town Manager, Mr Cohen, Town Counsel; Mr McSweeney, Director of Public Works/Engineering; Miss Casey, Principal Clerk, were present At the request of the Town Clerk, three jurors were drawn as follows Jurors Sydney K. Johnson, 8 Cutler Farm Road; Murray Kaye, 6 Abernathy Road; Joy R. Carmen, 6 Stonewall Road Mr Perry informed the Board that he had received a letter from the Police attorney representing the police officers in collective bargaining to the Negotiations effect that the membership had accepted the proposal made in collective bargaining sessions The contract will be drawn up and signed as soon as possible Mr Bailey commented that it was his understanding that things are still proceeding with the fire fighters and, with luck, these will be wound up soon Acting Chairman Bailey read a memo from Chairman Kassler to the Acting Board outlining the differential between the Comptroller's salary and Town Mgr the former Town Manager's salary with a request for the Board's approval of an increase of $155 00 per week to Mr Richard M. Perry, Acting Town Manager while in this position Upon motion duly made and seconded, it was voted, unanimously, to an increase of $155 00 per week to Mr Richard M. Perry, Acting Town Manager while in this positon. This amount to be charged against the Town Manager Personal Services Budget The Board discussed the request of Mr & Mrs Clinton E Jackson to Tax Title purchase lots 502-503, Maple 72, off Poplar Street The request had been Lots 502- submitted to the Planning Board, School Committee, Housing Authority, 503 Map, 72 Conservation Commission and Recreation Committee for their recommenda- Off Poplar tions The reports were as follows Planning Board Reserve for future St Jackson expansion of Poplar Street play area; Housing Authority Use as a buffer and not be built upon or combine with #503 or reserve for future use as a mini park or conservation easement; Recreation Committee Do not approve sale; Conservation Commission Remain in Town ownership due to its prox- imity to the existing Poplar Street play area; School Committee No reply Upon motion duly made and seconded, it was voted, unanimously, not to sell lots 502-503, Map 72, off Poplar Street to Mr & Mrs Clinton E Jackson Mr Bailey read a letter from Mr & Mrs James A Pallis requesting Tax Title to purchase Lot 128, Sunset Avenue After a brief discussion, it was Lot 128 agreed to table to request so that a map could be obtained to properly Sunset Ave locate the lot for further discussion Pallis 21 Selectmen's Meeting October 4, 1976 Upon motion duly made and seconded, it was voted to table the re- quest of Mr & Mrs James A. Pallis to purchase Lot 128, Sunset Avenue. Street Light A request from J S Nason Whitney, 21 Woodland Road for the installa- 21 Woodland tion of a shade on the street light, pole 138/9, Woodland Road was read Road by the Acting Chairman. A report from the Director of Public Works/Engi- Whitney neering indicated that the particular light in question, in addition to being in excess of 100 ft from the house at #21, is of the 3500 lumen mercury vapor variety Boston Edison has informed the Public Works Dept that they no longer make a shade for this type of light The only alter- native would be to install a 100 lumen incandescent light The Public Works Department strongly advised against the installation of this type of light because the existing light illuminates the intersection of Hayes Avenue and Woodland Road After a brief discussion, Mr Bailey requested Mr McSweeney to again contact Boston Edison regarding the installation of some kind of a shade for the present light as he felt that, with a little pressure, Boston Edison could come up with some type of shade Street Signs Acting Chairman Bailey read a request from Mrs Barbara Ehrlich White Request for "Caution Children" signs at each end of Circle Road A report from Mrs White the Traffic Safety Committee regarding this request was read which in- dicated that it was determined that the warrants for such signs were not satisfied. Therefore, the Committee recommended that the request be denied. Upon motion duly made and seconded, it was voted to deny the request of Mrs White for "Caution Children" signs at each end of Circle Road. Street Signs The Board discussed the request from Mrs Susan Davies Drane for the Request installation of "Children at Play" signs at the corner of Childs and Mrs Drane Hastings and the corner of Hill and Diana Lane A report from the Traffic Safety Committee was read which indicated that it was determined that the warrants for such signs were not satisfied and the Committee recommended denial of the request Upon motion duly made and seconded, it was voted to deny the request of Mrs Drane for "Children at Play" signs at the corner of Childs and Hastings and the corner of Hill and Diana Lane Traffic Signs Mr Bailey read a letter from Mr Neiterman regarding traffic at the Worthen Rd / intersection of Pleasant Street and Worthen Road The Traffic Safety Pleasant St Committee had referred the matter to the Engineering Division for review and it was found that, when exiting from Worthen Road, sight to the left is limited because of the slope, up from the roadway, of the land abut- ting Pleasant Street Conversely, sight to the right, of drivers on Pleasant Street, is also limited The Committee recommended the installa- tion of a sign on Pleasant Street indicating a "T" intersection ahead and the installation of a "STOP" sign on Worthen Road Upon motion duly made and seconded, it was voted to approve the recommendations of the Traffic Safety Committee for the installation of a sign on Pleasant Street indicating a "T" intersection ahead and the installation of a "STOP" sign on Worthen Road 211 Selectmen's Meeting October 4, 1976 Mr McSweeney, Director of the Public Works/Engineering Department, Sewer & Chairman MacKenzie, Dr Eric Clarke and Mr Briggs, representing the Water Planning Board and Mrs Morey, representing the Board of Appeals, met Connection with the Selectmen to discuss the sewer/water policy on unaccepted Policy streets in the town Mr Irwin of the Building Department was unable to attend, but sent in his thoughts on the subject Mr Bailey stated that the Board felt very strongly that a full Board should be present when a decision on the matter was made Therefore, in the absence of Dr Kassler, this would be an information gathering meeting and no decisions would be made He stated that, at the moment, there are a number of specific requests from people that either live on unaccepted streets or who wish to build on lots that are not serviced by either sewer or water or both Rather than wait for the town to move these streets up on the priority list for acceptance, the owners apply to the town for per- mission from the town to bring in sewer and water lines at their own expense Dr Clarke Is water and sewer in the same category? The town's policy was always to supply water Attorney Hagerdorn, representing Mr & Mrs James Razzano who are requesting water service to a home to be constructed on Earl Street asked whether or not specific cases were going to be discussed tonight Mr McSweeney stated, normally, these requests go through the budget procedure The Public Works has to have the authority which comes from Town Meeting and the funding which also comes through Town Meeting He presented a chart that indicated the requirements of the Public Works for such installations which are Authority, Funding, Order of Construc- tion/Order of Taking, Betterments, Future Maintenance He stated that if the location is in a public way, an order of construction has to be filed, if a private way, an order of taking This gives the Public Works Dept the right to be on the street Betterments have to be assessed and filed with the orderof taking Maintenance must be taken into consideration such as street lights, plowing, sanding, etc Mr McSweeney exhibited charts showing three examples of the kinds of situations involved (1) an unaccepted street with no formal extension of the six-inch water but with sewer service and open to public travel; (2) an unaccepted street open to public travel but in disrepair, where sewer mains may have been put in to service another area and betterments charged; (3) an unaccepted street open to public travel but ending as a paper street -- sewer may have been installed as a gravity system - part of another system or as a main to loop another area Mr McSweeney stated that the question is, do we want to extend the water mains into the paper streets and give service to the lots that have been brought before the Board of Appeals He stated that he felt it was questionable whether or not the town can continue to accept funds under a private contract He reiterated that any extension of a main requires either an order of construction or an order of taking These funds are put into E & D which was approved by Town Meeting under Article 4 He felt that Town Counsel should set the proper procedure to be followed Mr Bailey• i know we have allowed people to put in sewer at their own expense after getting all kinds of releases When you need a 6 inch 212 Selectmen's Meeting October 4, 1976 water main andgivepermission to tie into an inadequate main it creates q problems Mr McSweeney Most of the ones granted have been in the public way When you come into a 2 inch line we don't have the right to say you can or can't -- we don't own it -- it is owned by the people who have paid to have it put in Mr Briggs A 2 inch line will service 8 or 10 homes Mr McSweeney. It is a private line Dr Clarke What is the policy with respect to hook-ups? Mr McSweeney- We file for a permit The question is, who owns the 2 inch pipe? The abutters own it Dr Clarke If the 2 inch line breaks who pays for the repairs on an unaccepted street? Mr McSweeney We would pay The Board of Health would make us Mr Cohen It just seems that after listening, there really has got to be a policy regarding this This has come up many times It is on a case by case basis -- generally the hardship type of story and usually the Board of Selectmen grants it That is why we need to have a policy There is a procedure for going through Town Meeting Every street is not mentioned at Town Meeting The streets that the Public Works Department recommends are included. If you are going to go through the budget pro- cess and have certain streets accepted then other people come in and want to be hooked-up then the Public Works Dept makes these extensions People offer to pay for these extensions Mr Perry and I have talked about it a great deal The difficulty is how do you account for these funds if you have estimatedfor more money than you need You can't just write checks out to individuals The Board of Appeals and the Planning Board should check with the Public Works Department and ask questions Once you allow them to go into these roads -- does that change the status of these streets Under the present procedure of basing the current year's work on petitions, the town never gets back to priorities of previous years No one asks the Public Works Department Mr Bailey There is an element of time here If we came up with a policy that the only route would be via Town Meeting and they decide they want the service in February, they know they will have to wait another year Dr Clarke They should have a "kitty" out which to work Mr McSweeney- That is why I want to have a policy worked out The town supplies water so people don't have to have their own wells Most of the town has sewerage Mr Bailey read Mr Irwin's letter as follows "I would like to present the Building Inspection Dept's policy on the issuance of Building Permits on "streets" For a lot to be available for use as the site of one or more buildings it must have 'frontage' on a 'street' Before recodification, the Zoning By-Law defined 'street' as a public way, or a private way legally open or dedicated to public use, or approved by the Planning Board. In the recodification, the definition is expanded womewhat, but as the recodification made no substantive changes, I would assume the defini- tion still is valid 213 le tmen' Se c s Meeting October 4, 1976 A permit is onlyissued foron a 'street' , or on a lot a legal lot that has been granted a variance or variances from the Board of Appeals If municipal services, 'water or sewer' are not available, the ap- plicant must first have satisfied the Board of Health regarding a pri- vate septic system and/or a private water supply " DONALD K IRWIN Bldg Commissioner Mr McSweeney informed the Board that there are 25 miles of unaccepted streets in Lexington of which 6 or 7 miles are without water or sewer and the remaining 18 miles have water mains He also stated that we do have unaccepted streets with two-inch water mains, with no record of how they got there They were put in by some private persons years ago and some were put in by the town upon owners' requests He stated that there are nine and a half miles of paper streets in Lexington and the question is whether the town can continue to accept private funding and whether it can continue to put in service without a vote of Town Meeting Mr McKenzie, Planning Board Chairman felt that a long term policy should be formulated in these unaccepted streets that would be a guide for the Planning Board. He felt that an order of priority should be established as to how much is replacement, how much is new Mr McSweeney stated that it will take hundreds of thousands of dollars to complete the town's water system Dr Clarke disagreed stating that there are not more than half a dozen private wells in town. Mr McSweeney said he was referring to upgrading and extending ser- vice Dr Clarke said that Mr McSweeney was confusing maintenance and installation and upgrading, to which Mr McSweeney replied that you can't do the work and bypass a lot Mr Bailey called on Mrs Morey of the Board of Appeals who stated that as far as the Board of Appeals is concerned it is on area and front- age They rely on the honesty of the person applying There is no rea- son why there should be any hurry, the Board of Appeals just say that the lot is buildable Attorney Fred Conroy, representing the Johannsen's who own a lot on Banks Avenue where sewer is already in the street and crosses their lot but water service stops at the adjacent lot Mr Conroy stated that all they want is permission to extend or connect to a private line for 25 feet of water line Mr Conroy stated that they had asked to have an article in the warrant for the next Town Meeting if permission to connect is not granted by the Selectmen Mr Ericson who owns lots on Grandview Avenue and Estabrook Road stated that he has been trying for fifteen years to have his lots #105-106 which are 400 feet from the water main connected to it He stated that people on either side have connections It was pointed out to Mr Ericson that Grandview is a paper street and Estabrook an accepted street I Ill Mr Bailey stated that someone in the past may have given permission but someone in the future has got to "bite the bullet" and make some de- cisions here tonight 214 Selectmen's Meeting October 4, 1976 Dr Clarke said he would treat the Ericson problem as a Town Meet- ing matter but grant the other two out of the budget Mr Frank Sandy, a member of the audience, stated that he felt that when the owner is willing to pay there ought to be a way of doing it He felt that the problem is one of juggling funds back and forth He asked whether the Legislature could pass a bill to allow the owner to work with the town to put in the connections Mrs Hagerdorn asked if they could expect to hear finally about the matter in two weeks Mr Bailey stated that he felt that they were obliged, at this point, to deal with the question and would get back promptly with an answer He stated that a task force would be made up comprising of one person from each of the boards and Town Counsel to, hopefully, give some direction Lights Mr Bailey read a report from Mr McSweeney approving the request of Meriam St the Boston Edison for the installation of additional lights in the Meriam Parking Lot Street Parking Lot Upon motion duly made and seconded, it was voted to sign the order from the Boston Edison Company for the installation of three additional lights in the Meriam Street Parking Lot. Invitation Mr Bailey read a letter from the Town Celebrations Committee in- Veterans' viting the Board of Selectmen to attend the ceremonies in observance of Day Veterans' Day, Thursday, November 11, 1976 Yangtze Mr Bailey read a request from the law firm of Altman & Lapon request- River Res ing a change of manager at the Yangtze River Restaurant from John C Birmingham, New Mgr III to Wei-Jen Ong Upon motion duly made and seconded, it was voted sign the Liquor Li- cense and Form 43 showing the manager of the Yangtze River Restaurant as Wei-Jen Ong Auctioneer Upon motion duly made and seconded, it was voted to sign the Auc- License tioneer License for Arnold Clickstein, 318 Lincoln Street and also a One One Day Day Liquor License, for Mr Clickstein/Charles River Academy (NOTE Mr Liquor Lic Clickstein stated that the liquor license would not be necessary as no liquor would be sold at the auction to be conducted at the Follen Church by the Charles River Academy ) Sewer Mr Bailey read a request from the Director of Public Works/Engineer- Connection ing for abatement of a sewer house connection because of an incorrect charge Abatement for sewer brick P C Heidke Upon motion duly made and seconded, it was voted to abate the charge of $135 00 for Philip C Heidke, 25 Leonard Road, because of an incorrect charge of mower brick Warrant Acting Chairman Bailey requested the Board to sign the warrant for 11/2/76 the November 2, 1976 election Upon motion duly made and seconded, it was voted to sign the warrant for the November 2, 1976 election 215 Selectmen's Meeting October 4, 1976 Mr. Bailey read a request from Stephen Bowen, Aide to Senator Ronald One Day C MacKenzie, for a one day liquor license for Monday, October 25, 1976 Liquor for the "Friends of Ron MacKenzie Gala Party" at the Lexington Armory. License Upon motion duly made and seconded, it was voted to sign the One Day Liquor License for the "Friends of Ron MacKenzie Gala Party" Upon motion duly made and seconded, it was voted by a 4-0 roll call Executive vote to go into Executive Session for the purpose of discussing the Session reputation and character of an individual and strategy with respect to collective bargaining. After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 9 25 p m A true record, Attest JIA/4 . ac - Principal Clerk 216 SELECTMEN'S MEETING October 12, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Tuesday, October 12, 1976, at 7 30 p m. Chairman Kassler, Mr Bailey, Mr Busa, Mrs Miley; Mr Perry, Acting Town Manager; Mr Cohen, Town Counsel; Miss Casey, Princi- pal Clerk were present Cary Hall Chairman Kassler read a letter from The Mystic Valley Area Task Mystic Force on Alcoholism requesting the use of Cary Hall at no cost to con- Valley duct a forum to discuss the issue of "Can the Alcoholic Drink Again?" Task Force They hope to raise funds by charging admission and plan to use the money to cover the cost of the speakers, as well as to provide a base of funds to cover the cost of committee mailings for the year Mr Bailey stated that he had no objection to their use of the hall if everyone is free to go in without paying an admission charge, but felt that the Board should not be put in the position of subsidizing them. They should pay the nominal charge for custodial services as is the usual custom. He felt that, perhaps they could "pass the hat" and thereby ob- tain funds Mr Busa agrees and felt that if the custodial charges were waived for this group, a precedent would be established It was agbesd to vote the use of the hall with the stipulation that no admission be charged Upon motion duly made and seconded, it was voted to grant permission to The Mystic Valley Area Task Force on Alcoholism for the use of Cary Hall on November 16, 1976, without charge, with the stipulation that no admission be charge One-day Chairman Kassler read a request from the RAEDACC Association of Liquor W R. Grace & Co for a one-day liquor license for October 18 for a party License for employees that were being transferred W R.Grace Upon motion duly made and seconded, it was voted to grant permission to the RAEDACC Association of W R. Grace & Co for a one-day liquor li- cense for October 18, 1976 Conserve- The Conservation Commission met with the Board and Mrs Frick intro- tion duced Frank Fields and Shirley Stoltz, two new members of the Commission Commission Mrs Frick reported to the Board that they were working on Town Meeting actions of many years past She explained that it usually takes at least a year to complete the work on the acquisition of apiece of property She explained that they were very busy with wetland hearings in between the land acquisition and that they sometimes feel like the central clear- ing house for all land use problems as people are beginning to see the conservation lesson The many telephone calls and other communications are taking up a great deal of Mrs Green's and Cliff's time Dr Kassler stated that he assumed that Mr Prentiss was working closely with the Planning Director and following up on costs He stated that one of the reasons for relocating the Conservation offices was to 111have them in close proximity with the Planning Board and that it seem to be working well 217 1 Al Selectmen's Meeting October 12, 1976 III Mrs Frick stated that they were three weeks behind on the Hobbs Brook salt problem and she was disturbed that a letter had not been sent to the Norumbega Association Dr Kessler said that it was being worked on and Mr Martin of the Engineering Department would report to Mr Barnes of the Norumbega Associa- tion this week. Mrs Frick stated that the Estabrook drain at the Estabrook School is badly in need of attention and that an erosion problem never gets better Dr Kessler pointed out that since Town Meeting had voted $10,000 for the project, the town has one million dollars less than we had counted on The Engineering Department is on top of the problem and we have to estab- lish priorities The Engineering Department is also looking at alternative ways of solving the problem. A report is expected in a couple of weeks Mrs Miley pointed out that, as she remembered it, safety items would be left in the budget and the Public Works were asked if they could do the job for less than the $10,000 that was appropriated Dr Kassler said that he felt that it was important to finally get moving on something that has been talked about for a great length of time, and that is the use of conservation land He felt that the acquisition program had come a long way and the town of Lexington is facing a recreational program problem He stated that we have resources that should be utilized There is land that is usable and should be used by the citi- zens and enjoyed III Mrs Frick informed the Board that the Battins and the Fricks had walked the Whipple Hill area on the week-end enjoying its beauties Mr Smith stated that there is a portion of that area that is under general town ownership and not conservation land. He felt that, ideally, it should be consolidated Dr Kas ler requested that it be worked up for presentation to Town Meeting in the spring Mrs Williams reported that Cliff Prentiss is working on maps of con- servation land marking trails and noting vegetation coverage, which will be available soon These will be included in a booklet so that citizens can add items to it It will show access, trails, contours and vegetation Mrs Frick reported that they had met with the Grey Nuns and things were progressing The land that the town is interested in is the open land and not that on which there are buildings. Mrs Miley told Mrs Frick that she appreciated her communication on tax title land recommending that fair market value be asked if it was going to be built upon She felt that this method was a more regimented basis than in the past Mr Busa interjected that nothing is sold for less than the fair market value The Conservation Commission retired from the meeting Dr Kessler informed the Board that he and Mr Perry had met with a Fuel local firm and read a statement that the Selectmen were considering the Conservation question of fuel conservation. t1S SELECTMEN CONSIDERING ENERGY COST REDUCTION In their continuing effort to reduce the town operating budgets, the Selectmen have asked an energy conservation consulting firm to meet with them to explore ways in which the town can reduce its energy costs A consulting firm located in Lexington, will make a general presentation to the Selectmen, Town Manager and Appropriation Committee outlining those areas in which utility and energy costs can be cut without affecting the operation of the various town departments or interfering with public safety The company is an association of professional engineers and economists with considerable experience in building design, HVAC and electrical sys- tems, and their relation to energy loss The firm has worked in a variety of industrial, commercial and public settings in many parts of the country Its recommendations have produced savings ranging from 18-40% of annual energy costs They are currently under contract to the Federal Energy Administration to develop energy cost reduction programs for seven industries typified by small business operating units In preliminary conversation with the firm, it was learned that, based on their experience, it is estimated that up to half of the energy savings can be achieved without significant investment or initial expense It appears that many opportunities exist for substantial energy cost savings in all town buildings and motor vehicle use Lexington's total annual energy bill for the year ending June 30, 1976 was in excess of $950,000 a 19% increase over the previous fiscal year Mr Busa stated that he didn't believe he was at the meeting when this had been discussed. He felt that the Board should consider it, but that the Board should be consulted' before the Chairman issued any state- ments Mr Bailey stated that he felt that the Chairman should take the Board into his confidence before issuing any statements Dr Kessler said that he had met with the Acting Town Manager and members of this firm because he had heard of their work and they wanted to make a proposition to the Selectmen The Acting Town Manager agreed that it was valid and that he found the idea of a professional firm based in Lexington who had done work of this nature and had been retained by the Government very exciting He stated that perhaps he should have is- sued the statement by way of the Acting Town Manager and himself and as Chairman of the Board of Selectmen it was his prerogative to do so He stated that he has tried, however, to do things in a way to make them act as a Board rather than he, as an individual He stated that he felt that "when you talk about motherhood, God and the flag, you don't expect people to object " He stated that he would continue to do things in the best interest of the Town but that he was serving at the pleasure of the members of the Board If they were unhappy with him, they could take a vote and he would turn over the chairmanship Mr Busa stated that the item was not on the agenda and that it was the usual procedure to put things on the agenda if they were going to be discussed. Mr Bailey stated that the avenues that Dr Kessler and Mr Busa were taking were not going to help. He said that he felt that it should be es- tablished right away what qualifications this firm has and what other firms 219 Selectmen's Meeting October 12, 1976 that are qualified they should be listening to He felt that it was clearly in the realm of the Manager and his responsibility to make recommendations to the Board Mr Perry asked if the Board wanted to hear the group The Board all agreed that they wanted to have a meeting with the firm and Mr Perry is to set up an appointment for them to come at a later Selectmen's Meeting Mr Dan Busa, Chairman of the Recreation Committee reported to the Recreation Board that they were working on a five-year program and had met with the Committee Planning Board and Conservation Commission to develop a capital budget program for the five-year period He stated that the first priority would be the center pool $11,000 had been allocated for this project and a meeting had been set up with the Permanent Building Committee He stated that High priority had been given to this project because the townspeople had so indicated on a questionnaire that had been circulated He stated that possibly $50,000 should be allowed for the engineering and initial studies of the project. He stated that there was a definite need, through the master plan survey, for walking trails in the town and that $5,000 would be allotted for this Tennis courts and a backboard were to be con- sidered for Diamond Junior High School Mr Busa stated that there were 30 ball fields in the town and that upgrading of these fields is long over- due He felt that they would like to average three fields each year spend- ing about $15,000 a year for five years He noted that the work done at Harrington School field was excellent His next priority was bicycle paths, a program started about five or six years ago He had a copy of the master plan which is 300 pages long, and stated that the Committee was proposing a $135,000 capital budget Dr Kessler stated that his concept of what he would like to see done as a result of the study was a list of the recreational needs of the town listed in priority and what they hoped to do He felt that the town should have a concept for at least five years and let Town Meeting decide what the amount would be allotted Paul MacKenzie, Chairman of the Planning Board, stated that the plan had been submitted to the State as a reference document so that as the Town approaches a particular project it could apply for State and Federal funds and say "part 'A' of our master plan " He stated that they had received acknowledgement of and was complimented on the plan Mr Furash of the Appropriation Committee stated that they expect the presentation from the Recreation Committee, after approval of the Board of Selectmen, of a five-year plan with priorities, the justification of the priorities in terms of how facilities serve each group in town, the cost of operation including problems of maintenance etc and a price tag on these He stated that, in a year when the town has suffered a high increase in its tax rate, the existing budget of the Recreation Committee should not be considered frozen or sacrosanct, but as a "zero" budget He stated that it was a long while since they have had this from the Recreation Committee and they should work under the direction of the Town Manager Dr Kassler asked if the Planning Board had accepted the plan and was it ever presented to the Board of Selectmen? 22() Selectmen's Meeting October 12, 1976 Mr Busa stated that they had submitted a letter to the Planning Board Dr Kassler said that the draft, with all its data, is not very readable because of its size He would prefer a one-page summary of priorities Judy Uhrig pointed out that such a summary exists within the draft on two pages Kenneth Briggs, Planning Director told him that a fifteen-page sum- mary is in the first draft and is expected to be distributed by December Mr MacKenzie stated that it was his understanding that the study was undertaken under the direction of Town Meeting Dr Kassler stated that in order for it to be implemented, it must have the approval of the Selectmen. Mr Bailey stated that he hoped that when they have another meeting, the charge to the Committee should be explained to them. Dr Clarke stated that it is too bulky for discussion that the report is to provide the back-up that the Appropriation Committee wants and that a summary was a good idea Dr Kassler stated that it was the Board's responsibility to get to- gether with both groups so that when the plan is presented to Town Meeting it will be a group plan. He stated that the Board was not aware that it was going to be presented in this manner He stated that the Board had not discussed the five-year plan and would like to as they were the ones that were responsible Mr Furash asked if there had been any feed-back from the public Mr Briggs stated that the plan had been written and reviewed but that it had not been typed It will be open to public comments and that they were looking to the Selectmen for the five-year price Dr Clarke asked if the Selectmen wanted the plan open to the public before or after its approval Dr Kassler stated that when they get it they will open it to public discussion before making any decision He thanked the Committee for their report and they retired from the meeting John Carroll Mr Busa asked the Chairman what the time schedule for implementing the Board of Appeals regulations was on the Carroll question Dr Kassler reported that he had taken the initiative of talking to both groups and it was his understanding that some of the questions were going to be resolved without argument He stated that it was his hope that the question could be resolved amicably MSA Legisla- Chairman Kassler informed the Board that Mrs Battin had requested tive Program Item 5 "MSA Legislative Committee/Legislative Lobbying Program" to be on the agenda, and as she had not, as yet, arrived at the meeting he proposed that it be tabled to a subsequent meeting Upon motion duly made and seconded, it was voted to table Article 5 to a subsequent meeting. 221 Selectmen's Meeting October 12, 1976 Upon motion duly ly made and seconded, it was voted, 4-0, by roll call Executive vote to go into Executive Session to discuss strategy with respect to Session collective bargaining or litigation and to discuss the reputation and character of an individual, 8 58 p m. Upon motion duly made and seconded, it was voted to adjourn at 10 10 p m. A true record, Attest 00.-ter_ Principal Clerk 222 SELECTMEN'S MEETING October 18, 1976 A regular meeting of the Board of Selectmen was held in the Select- men' s Meeting Room, Town Office Building, on Monday, October 18, 1976, at 7 30 p.m. Chairman Kassler, Mr Busa, Mrs Battin, Mrs Miley; Mr Perry, Acting Town Manager; Mr Cohen, Town Counsel; Miss Casey, Principal Clerk were present Sub-Commit- Mrs Battin informed the Board that the Drug Advisory Committee, in tee Youth preparation for the annual town meeting, had appointed a sub-committee to Programs & make a survey of the needs of troubled youths in the town and to look into Services the services and programs already provided The committee is comprised of Jack Sarmaranian, Charles McManus, Sheppard Clough and Sumner Perlman, Chairman The report of this committee was presented in booklet form to each Selectman and a summary was given by the Chairman of the committee He stated that Lexington has approximately 8,000 people in the 10-21 age category "Probelm youth" can be partially identified by reviewing the statistics of the Police Department, Concord Court Probation Office, Mystic Valley Mental Health Center and Replace, Inc The Police Depart- ment reports a continual rise in juvenile arrests In 1974 there were 122 and in 1975 there were 268 Alcohol related offenses have increased and offenses against authority, property, breaking and entering, larceny, etc constitute the increase. In October, 1975 there were 48 Lexington youth on probation from the Concord Court and in August, 1976 there were 61 The numbers on probation were higher during the "drug crisis" in the early 1970's They decreased for a time, but are again increasing During 1975, Mystic Valley Mental Center saw 85 new cases under the age of 21 and 135 individuals were seen for counseling at Replace The Youth Counselor worked with 57 youths and/or families Over the past year there has been an increase in the number of youth groups congregating in various areas of the town as well as an increase in the number of youth group be- havioral problems It was suggested that several things should be considered, such as available, non-threatening counseling services, supervised group "therapy", street workers and drop in center The report suggested that there appears to be little communication or coordination between the new existing agencies dealing with youth in Lexington It was the recommenda- tion of the committee that an integrated, coordinated approach is required, one of its key elements, would be the involvement and commitment of the town The following needs were listed A single person charged with responsibility to coordinate and direct all youth-support activities; a mechanism for this person to interfact with the Board of Selectmen and Town Manager; provision for crisis intervention and counseling service for youth; methods for more fully meeting the total needs of the youth; open communication among all department and services dealing with and re- lating to youth; and a vehicle for focusing the concerns of youth To fill these needs, the Subcommittee recommends the following A Youth Director, Youth Advisory Council, Counseling and Crisis Intervention Center--Replace, 223 Selectmen's Meeting October 18, 1976 Outreach Workers and methods to improve communication between various organizations and groups The report stressed the importance of a commit- ment from the town, i e , a financial commitment relative to the funding of resources needed to provide adequate support and to provide crisis intervention and counseling for troubled youth and a moral and administra- tive support for the program The committee felt that one of the responsi- bilities of the Youth Director would be to examine and recommend about the following needs First Offender Diversionary Program, Probation Coun- seling Program, Short-term Residential Placements, Pre-Release Program and Drop-in Centers The report presented a detailed description of Replace, Job description of the Youth Director and the Director of Human Resources Chairman Kessler thanked the committee for coming before the Board and complemented them on the excellent report presented but cautioned them that the acceptance of the report by the Board of Selectmen does not necessarily mean the acceptance of all the recommendations He stated that there were points that needed clarification and the report would be turned over to Town Meeting The committee retired from the meeting Chairman Kessler read a request from Paul W Marshall, 6 Chandler Auctioneer Street for approval of an auctioneer' s license License Upon motion duly made and seconded, it was voted to sign the auc- tioneer license for Paul W Marshall, 6 Chandler Street Chairman Kessler read a request from the Boston Edison Company for Boston permission for "Leave to Withdraw" petition dated May 6, 1976 on Worthen Edison Road. Mr McSweeney explained to the Board that this petition had to be Petition submitted because objections raised by one of the abutters who objected to one of the poles being erected in front of his house on the original petition A new petition had been submitted eliminating this pole and for the record, the original petition had to be withdrawn Upon motion duly made and seconded, it was voted to grant the request of the Boston Edison for permission for "Leave to Withdraw" petition dated May 6, 1976 and sign the order At 8 00 p m the Board met with the Senior Citizens Club and the Senior Council on Aging Citizens Dr Kessler addressed the representatives of the Senior Citizens Council on Club stating that the purpose of having the group there was to reconfirm Aging the Board's and the Town's interest in the senior citizens of the Town He stated that it was the hope that the Senior Citizens Club and the newly formed Council on Aging would be able to coordinate their interests and work together to enlarge and enhance their lives He stated that some- where along the line there is the feeling that this hasn't been the case and he would like to get to the bottom of the problem Mr Melbye, of the Senior Citizens Club stated that it was hard for them to understand, that for eleven or twelve years the town had provided money to them for bus trips and postage and now those funds were cut off They were there to request the town to again provide these funds 224 Selectmen' s Meeting October 18, 1976 Mr Perry, Acting Town Manager, explained that the funds that were originally provided for this purpose came from the Recreation budget and was a stop-gap until the town provided a Council on Aging, which is now the official agency for all the senior citizens of the town After the Council on Aging was formed, all funds for senior citizens had to be channeled through that agency Mrs Stumpp of the Council on Aging explained that the trips that the agency had provided were on a "first come, first serve" basis as they did not have enough funds to provide trips for all senior citizens She explained that no one wanted to hurt the Senior Citizens Club and that she had hoped that both groups could work together Mr Busa explained that once the town had accepted the act of the Legislature to form a Council on Aging, the town could not provide funds to a private organization like the Senior Citizens Club Dr Kessler asked Mr Melbye to have his group assist the Council on Aging and give them the benefit of the expertise of the Senior Citizens Club in arranging trips, etc After further discussion and explanation to the Senior Citizens that all town funds for senior citizens had to go through the Council on Aging, the two groups agreed to work together MSA Legis- Mrs Battin explained to the Board the legislative lobbying program lative that had been recommended by the MSA Legislative Committee and approved by Lobbying the MSA Executive Board Each Board of Selectmen elects or appoints one Program member to be designated as its Legislative Liaison and report the appoint- ment to the MSA office The responsibilities would be as follows a) to maintain a legislative file, b) to arrange regular meeting with legisla- tors, c) to arrange inclusion of legislative topics in Board agenda, d) to brief Board members on legislative topics, hearings and lobbying action, e) to coordinate local lobbying efforts, f) to report to MSA office on all interviews and lobbying actions, g) to arrange newspaper publicity on legis- lative topics, lobbying activities and important votes of local representa- tives and senators, h) to attend special briefing workshops and meetings of County Legislative Committees Each Board of Selectmen should regularly re- serve meeting time to discuss legislative bills of local interest or impact As part of its regular agenda, each Board of Selectmen should initiate a sched- ule of meetings with local legislators; while consideration must be given to the number of towns in the legislative district, a one-meeting-a-month is suggested for representatives, with perhaps every six weeks to two months suitable for senators In whatever manner possible, the Board members should suitably respond to "action calls" -- make phone calls, send letters or telegrams, attend hearings, and, most important of all they should in- dividually and collectively talk with their own legislators, publicize both the issue and the Board's response and report such response to MSA Legisla- tive Office After discussion, it was agreed that a member of the Board should be appointed and Mrs Battin offered her services Upon motion duly made and seconded, it was voted to appoint Mrs Battin as the Legislative Liaison for the Board of Selectmen to the legislative lobbying program of the MSA Legislative Committee 22 Selectmen's Meeting October 18, 1976 Mrs to the Youth Miley submitted the names of two students to be appointed Youth Advisory Commission Advisory Upon motion duly made and seconded, it was voted to appoint Heather Commission Levi, 60 Turning Mill Road and Patrick Abegg, 261 Waltham Street to the Youth Advisory Commission. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meetings of August 30 and October 4, 1976 Chairman Kassler read a letter from Mrs Altschuler, 27 Hathaway Road Dog requesting the town to send notices to all dog owners in the area of Poisonings Hathaway and Brent Roads alerting them to the fact that there have been several cases of dog poisonings and what the symptoms were Mrs Busa informed the Board that the Health Director and he had dis- cussed the problem. It was the feeling of the Animal Control Officer, Mr Smith, Lt George Porten and Mr Martin of the SPCA, who had been investi- gating the case, that publicity regarding the problem should be kept to a minimum. It was felt that too much publicity would only compound the pro- blem. Mrs Altschuler explained that she wanted all dog owners to know what to do in case one of their dogs became sick Mr Busa pointed out that if the town was going to become involved, it would have to be on a town-wide basis and not for just one area He also pointed out that there have been no new cases for a week After further discussion, it was decided that notices could be sent home with school children if permission were obtained from the Superinten- dent of Schools Upon motion duly made and seconded, it was voted to request permission from the Superintendent of Schools to distribute a notice describing the symptoms and necessity of immediate attention from a veterinarian for any animals that were sick Chairman Kessler read a letter from Building Commissioner, Donald Standing Irwin in response to a request to check the validity of the Standing Building Plumbing and Building By-law Committee since the incorporation of the & Plumbing State Building By-laws in January, 1975 Mr Irwin reported that Chap- Committee ter 802 of the Acts of 1972 abolishes all local building codes and makes the State code, effective January 1, 1975, the mandatory building code for any building or structure or parts thereof in the Commonwealth During discussion, it was brought out that there would be no further need for this committee and it should be abolished which would require an article to be placed on the next town warrant Upon motion duly made and seconded, it was voted to refer the matter to Town Council and the Town Manager The Chairman read a request from Police Chief Corr to appoint two Special police cadets as Special Police Officers Police Upon motion duly made and seconded, it was voted to appoint Police Cadet, Charles J Sargent and Eric A Larose as Special Police Officers 2266 Selectmen's Meeting October 18, 1976 Wild Chairman Kessler read a report from Mr Smith, Director of Public Acre Inn Health relative to a sanitary inspection of the Wild Acre Inn The report indicated that the inspection of the kitchen, several rooming units and the apartment facilities showed conditions to be satisfactory With the exception of some general tidying needed throughout the basement area, no serious violations were noted The report also indicated that the matter of the septic systems still remained to be settled After further discussion, it was agreed that a provisional license could be granted that would specifically indicate the health requirements relative to the sewer system. Upon motion duly made and seconded, it was voted to grant a provi- sional Lodging House License to Wild Acre Inn (Bernard S Yudowitz, M.D ) The granting of the license is conditioned on compliance with the order of the Board of Health requiring the pmtping of the existing sewer system at intervals frequent enough to prevent any health hazard from existing. Executive Upon motion duly made and seconded, it was voted, by a 4-0 roll call vote, to go into Executive Session to discuss the character and reputation of a person After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 9 40 p m. A true record, Attest Principal Clerk I 2 2' SETFCTMEN'S MEETING October 25, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room on Monday, October 25, 1976, at 7 30 p m Chairman Kassler, Mr Bailey, Mr Busa, Mrs Battin, Mrs Miley; Mr Perry, Acting Town Manager; Mr Cohen, Town Counsel; Miss Casey, Principal Clerk, were present Dr Kassler was a little late in arriving, it was suggested that a Temporary temporary Chairman be elected Chairman Upon motion duly made and seconded, it was voted to elect Mr Busa as temporary chairman At the request of the Town Clerk, eight jurors were drawn as fol- Jurors lows Herbert E Swartz 7 Lockwood Road William R Hutchins 21 Winthrop Road Sungha Kim 8 Marlboro Road Pamela Jeannie Koehr 42 Normandy Road John Roy Filson 2 Fairland Street Catherine C Turcott 424 Bedford Street James H Sullivan 14 Hastings Road Lucille K. Mahakian 12 Watertown Street Acting Chairman Busa opened the hearing on the petition of the Conduit N E.T & T for the installation of 189'+ (feet) of conduit on Nickerson Rd Nickerson Road Notices of the hearing were sent to the abutters as listed on the petitioner's plan and also filed with the Public Works Department Mr Roland Pinault, representing the Telephone Company explained that the work was being done to provide a new feeder system from the existing underground system on Massachusetts Avenue because of contin- uous trouble in the area Mr Busa read a recommendation from the Director of Public Works/ Engineering recommending that permission be granted for the installa- tion of the conduit No one appearing in favor or in opposition, the hearing was de- clared closed. Upon motion duly made and seconded, it was voted to grant per- mission to the New England Telephone Company for following installation of conduit Nickerson Road on the westerly side, from existing Manhole 54/85 located on the north side of Massachusetts Avenue, southerly to existing handhole location at #28 Nickerson Road, approximately 189'+ (feet) of conduit Dr Kassler joined the meeting and Mr Busa stepped down as Chair- s man 228 Selectmen's Meeting October 25, 1976 Conduit At 7 33 p m. Chairman Kassler read a petition from the N E T & T Cedar St for permission to install approximately 165'+ (feet) of conduit on Cedkr St for the purpose of improving the service in this area Notices of the hearing were sent to the abutters as listed on the petitioner's plan and also filed with the Public Works Department Dr Kassler read a recommendation from the Director of Public Works/Engineering recommending that permission be granted No one appearing in favor or in opposition, the hearing was de- clared closed Upon motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone Company for the following installa- tion of conduit Cedar Street on the westerly side from existing Manhole 54/83 located on the north side of Massachusetts Avenue, northerly approximately 165'+ (feet) of conduit; also Massachusetts Avenue from existing Manhole #54/83 southerly, to existing Pole 57/167, approximately 24' (feet) of conduit Conduit At 7 36 p m Chairman Kassler read a petition from the N E T & T Cary Ave for permission to install approximately 40'+ (feet) of conduit at Cary Avenue for the purpose of servicing a new development (Bicentennial Farms) Notices of the hearing were sent to the abutters as listed on the petitioner's plan and also filed with the Public Works Department A recommendation from the Director of Public Works/Engineering was read recommending that permission be granted for this work. No one appearing in favor or in opposition, the hearing was de- clared closed Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone Company for the following installation of conduit Cary Avenue from existing Pole 30/14 on the southerly side ap- proximately 575'± (feet) east of Shade Street, northerly to Bi- centennial Way (a private way) , approximately 40'+ of conduit Conduit At 7 39 p m. Chairman Kassler read a petition from the N E T & T Curve St for permission to install approximately 40 feet of conduit in Curve St for the purpose of servicing the building located at 850-809 Mass Ave Notices of the hearing were sent to the abutters as listed on the petitioner's plan and also filed with the Public Works Department The Director of Public Works/Engineering recommended that per- mission be granted for this work to be done No one appearing in favor or in opposition, the hearing was de- clared closed Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone Company for the following installation of conduit; 111 229 Selectmen's Meeting October 25, 1976 Curve ury Street on the easterly side from existing Manhole 51+/27 located on the north side of Massachusetts Avenue, northerly approximately 40'+ (feet) , thence 16'+ (feet) easterly to private property #805-809 Massachusetts Avenue, approximately 56'+ (feet) of conduit Acting Town Manager, Mr Perry informed the Board that the con- Police & tract with the Police Betterment Association had been signed The Fire offer presented to the Fire Fighters hall been ratified and he ex- Contracts pected that the contract would be signed within the week Mr Perry informed the Board that Samuel C C Ting, Ph D had Nobel received the 1976 Nobel Prize in physics Prize Chairman Kassler said that this was an honor for a Lexington Dr Ting resident and would extend the Board's congratulations and best wishes for continued success Mr Cohen informed the Board that he is working with the Conser- Conservation vation Commission with respect to the acquisition of the Waltham Land - Ricci Street farms belonging to Ricci on a Land Scape Inc The options Farms to acquire these two farms runs out on November 1, therefore, he requested the Board of Selectmen to formally vote this evening to exercise the options to acquire these farms Upon motion duly made and seconded, it was voted to exercise the options to acquire the Ricci farms The Board discussed the Lodging House License for the Wild Acre Wild Acre Inn and because of the problems in the sewer system agreed to sign Inn License the license on a provisional basis Upon motion duly made and seconded, it was voted to sign the Lodging House License for the Wild Acre Inn on the condition of compliance with the order of the Board of Health requiring the pumping of the existing sewer system at intervals frequent enough to prevent any health hazard from existing A request from the Lexington Golf Club requesting a deferment of Sewer the sewer betterment assessment was read by the Chairman and dis- Deferment cussed by the Board Lexington Mr McSweeney's report indicated that there is now outstanding Golf Club $1+,393 09, $1,400 00 less than that shown in 1973 as a result of a payment made on November 2, 1973 The report indicated that the property and land use are still the same as that of November, 1973, i e no portion has been sub-divided or built upon and that it still remains a golf course The recommendation was that the betterment be paid unless such payment will result in undue financial hardship for the property owner Mr Busa stated that he believed that this did constitute a hard- ship on the property owner and that it would be in order to defer the 230 Selectmen's Meeting October 25, 1976 payment After further discussion, it was agreed to defer the pay- ment of the sewer betterment for the Lexington Golf Club Upon motion duly made and seconded, it was voted to defer pay- ment of the sewer betterment assessment in the amounts of $1,331 41 and $3,061 68 levied against the property located on lot 58/27 Hill Street owned by the Lexington Golf Club Guard Rail Chairman Kassler read a report from the Traffic Safety Committee Freemont regarding a request of Mrs. Eleanor Ross for installation of a guard Street rail at 69 Freemont Street The report indicated that after a study Ross of the area and the traffic conditions, the guard rail was warranted Upon motion duly made and seconded, it was voted to install a guard rail in front of the Ross home at 69 Freemont Street Re-enact- The Board met with the Town Celebrations Committee, Appropriation ment Committee and The Lexington Minute Men to discuss the inclusion Of April 19 the Re-enactments of the Battle on the Green on April 19 Mr Barnes, Chairman of the Town Celebrations Committee informed the Board that his Committee were not planning to include this event in next year's celebration because of budget restrictions He stated that this goes back several years and was planned as a Bi- centennial special event He stated that the major cost was for police and assistance from the men of the Department of Public Works Dr Kassler called on Mr McSweeney, Director of Public Works/ Engineering for his comments Mr McSweeney stated that he would have to use approximately the same amount of men anticipating the size of the expected crowd, which he judged would be less than 100,000 Mr Herbert Grossimon of the Lexington Minute Men thanked the Board for being able to meet with them and explained that those who took part in this event were all deeply moved and all had received expressions of appreciation from people who had witnessed it He expressed the hope of the Minute Men that this would be a regular event on the 19th of April He pointed out that only in Lexington could the reenactment of the first battle of the Rovolution be held The Board discussed further the desirability of continuing the event all agreed that it was a spectacular event and should be con- tinued The question of financing was discussed and Mr Bailey stated that any request for funds should be channeled through the Town's Celebration Committee It was finally decided that a request to con- tinue the re-enactment should be submitted in letter form indicating the approximate cost and then let Town Meeting decide the source of financing Upon motion duly made and seconded, it was voted to continue the re-enactment of the Battle on the Green on April 19 Battle Green A request from the Lexington Minute Men for the use of the Battle Green on Sunday, October 31 to conduct memorial services in con- cort with the Concord Minute Men was read by the Chairman 231 Selectmen's Meeting October 25, 1976 Upon motion dulymade and seconded it was voted togrant permis- sionP to the Lexington Minute Men for the use of the Battle Green on Sunday, October 31 to conduct memorial services The Board discussed further the problem of dead and sick dogs in Dead and the Brent and Hathaway Roads area The Chairman pointed out that a Sick Dogs previous meeting the Board had accepted the recommendations of a Lexington citizen to publicize the matter by sending a notice to this effect home with the school children Mr George Smith, Director of the Board of Health had submitted a very comprehensive report regarding this problem in which he explained the complete and intensive investigation being conducted by himself, the dog officer, Mr Martin of the M.S P C A. and Lt Forten of the Lexington Police Department He pointed out in his report that the Angell Memorial Hospital in Boston has developed an apparent antidote for the prob- lem through a trial and error process and this information has been made available to both of the Lexington veterinarians and others in the immediate area It was the opinion of the investigative per- sonnel that intensive publicity should be discouraged and requested that no further publicity be given to the matter After further discussion, the Board agreed that further publicity would be detrimental to conclusive investigation Upon motion duly made and seconded, it was voted to rescind the vote of October 18, 1976 to request permission from the Superinten- dent of Schools to distribute a notice describing the symptoms and necessity of immediate attention from a veterinarian for any animals that were sick The Chairman read a request from Lenore Fenn to proclaim October UNICEF 31 as UNICEF DAY DAY Upon motion duly made and seconded, it was voted to proclaim October 31, as UNICEF DAY The Chairman read a request from the Council on Aging for the Cary Hall use of Cary Hall without charge, on November 7, 1976 for the pur- Council on pose of an informational meeting and progress report on one year of Aging operation Upon motion duly made and seconded, it was voted to grant per- mission to the Council on Aging for the use of Cary Hall without charge on November 7, 1976 for an information meeting and progress report on one year of operation The Board discussed again the problem of the lack of a definite Sewer and policy regarding requests for sewer and water connections on un- Water Connec- accepted streets This was discussed at length at the October 4 tions meeting It was agreed that a committee made up of members from the Planning Board, Building Department, Mr McSweeney of the Public Works Department, Mr Cohen would work with Mr Bailey to develop a policy regarding this problem. 232 Selectmen's Meeting October 25, 1976 The Board agreed that a decision should be made relative to the three specific cases before them i,e Mr & Mrs James Razzano who had requested that water service be installed from the existing water main on Earl Street; Mr & Mrs Johanssen of 10 Lawrence Lane who requested a water main extension, at the owner's expense, to ser- vice a home to be constructed at 17 Banks Avenue and Mr Robert V Ericson who had requested water and sewer mains to be extended to his lots on Grandview Avenue for the construction of two homes After further discussion, the Board agreed that the requests of Mr & Mrs Johanssen and Mr Robert V Ericson would have to go before Town Meeting The request of Mr & Mrs Razzano was approved due to the fact that the connection would require only about five feet of con- struction and a betterment could legally be charged Upon motion duly made and seconded, it was voted to install water service from the existing water main on Earl Street to ser- vice a house to be erected on lots 45, 46 and 47 Earl Street at the petitioners' expense Community At 8 30 the Board met with the Community Relations Committee Relations The Chairman, Mr Dave Wilson, presented the Board with the report Committee of the Committee regarding the Police-Youth relations in town The Report report indicated that the Committee concluded that the major prob- Police/Youth lem facing the town is one of different community-youth viewpoints on key issues rather than a police/youth problem per se They also feel that to the degree that there are strains in the police/youth relationship, such strains result from the fact that some youth prefer to congregate away from their homes, creating conflict with immediate neighborhood desires; and some youth prefer to travel in groups, creating at times an imposing and threatening presence to which the police must react when called; and increased drinking on the part of youth has resulted in numerous complaints by citizens which, in turn, has heightened tensions between youth and police The Committee feels that the following steps should be taken to promote greater understanding of the needs of youth, the desires of the community and the role and responsibility of the police depart- ment 1 Endorse and support an expanded youth program within the police department 2 Endorse and support the designating of a community relations officer with the police department to provide spotlight articles on the members of the department and to provide information to the public on issues which may arise 3 Endorse and support the police department's providing the general public with a greater understanding of the department's position on sensitive aspects of police procedures 4 Set up a task force to evaluate and make recommendations con- cerning the resources presently available to meet the social, economic, recreational and rehabilatory needs of all youth within the community eJ Selectmen's Meeting October 25, 1976 5 Sponsor programs within the town that are aimed at examining and/or discussing the problem of teenage drinking and how best to handle it 6 Encourage open channels of communication between youth and decision-making bodies of our community The Chairman thanked the Committee for its comprehensive report and noted that a great deal of work had gone into its make-up He suggested that they discuss it at a later date The make-up of the Committee was discussed and Mr Wilson stated that present committee members would like to continue for another year The Chairman informed Mr Wilson that the Board would meet again with them within three weeks and the Committee retired from the meet- ing Mr Robert J Harris and Mr Daniel L McCabe, Chairman of the Curb Cuts Civic Betterment Committee of the Lexington Lions Club met with the Lions Club Board to discuss the recently installed curb cuts to aid handicapped persons Mr Harris stated that he felt that some of the cuts were inadequate especially the one at Clarke and Mass Avenue, due to the steep slope at that area Mr McCabe stated that the Town's accep- tance of the $2,000 gift from the Lions Club for this purpose in- dicated that the cuts would be made according to acceptable standards Dr Kassler requested an explanation from Mr McSweeney who explained how the cuts were made and he did state that he agreed that the cut at Clarke Street would be done over Mr Harris also stated that curb cuts should be made at the two newest schools; Clarke Junior High School and the Minuteman Regional Vocational High School These schools are inaccessible to the handicapped who would be in wheel- chairs Mr Charles Collazzo requested to be heard and stated that curb cuts is only part of the total problem of the sidewalk construc- tion in town He stated that he felt that proper standards are not being followed Mr Busa stated that the Town does have standards and specifications regarding sidewalk installation and that he felt that we have never put in inferior sidewalks Dr Kassler suggested that Mr Harris submit in writing his request for curb cuts at the two schools Upon motion duly made and seconded, it was voted by a 5-0 roll Executive call vote to go into Executive Session for the purpose of discussing Session the reputation and character of an individual After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 923 p m A true record, Attest 06-4-cr Principal Clerk 234 SELECTMEN'S MEETING November 1, 1976 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room on Monday, November 1, 1976, at 7 30 p m. Chairman Kassler, Mr. Bailey, Mr Buse, Mrs Battin, Mrs Miley; Mr Perry, Acting Town Manager; Mr Cohen, Town Counsel; Miss Casey, Principal Clerk, were present Fire Mr Washburn, President of the Lexington Fire Fighter's Union Fighters and Mr Sullivan met with the Board to inform them that the collec- Contract tive bargaining contract with the Town had been signed in the after- noon Chairman Kassler expressed the pleasure of the Board that the contract had been signed and congratulated Mr Washburn and Mr Sullivan who remained at the meeting in the audience Traffic Mr Irving Kanter met with the Board to discuss the installation Signals of the traffic lights at the corner of Waltham Street and Worthen Waltham & Road Worthen Chairman Kassler The Board voted last year to place a warrant Mr Kanter article before the Town Meeting for signal lights on Worthen Road and Waltham Street This was started at budget time and carried through before I took over as Chairman Mr Bailey was chairman at the time We all assumed at the time this was a rather routine matter of public safety We did everything we do regularly to get information to people It was passed at Town Meeting without de- bate It was a reasonable and sensible approach to the problem Part of the article was the taking of a right-of-way from several owners, including Mr Kanter. It was in the best interest of public safety to do this It was only after Town Meeting that Mr Kanter claims he found out about it It was not our intent to have this slip through It was all done openly He came to me and Town Counsel and the members of the Board and asked that we reconsider A great deal of time was spent with him. The Traffic Safety Committee con- sidered it again The members have the copy of the report con- firming the actions of Town Meeting This was a necessary and sensible action Mr Kanter was given full access to this and all other information Despite this, he wanted to make a presentation to the Board It is everyone' s right to come to the Board when he feels he has been wronged I told Mr Kanter that we would hear him tonight Mr Kanter I received a warrant notice which mentioned the erection of a traffic signal at Waltham Street and Worthen Road I own five acres of land on Waltham Street Originally, the house had a driveway which was the only access to Waltham Street I have lived there 10-1/2 years Five years ago a developer bought the land 235 Selectmen's Meeting November 1, 1976 andut in a street, Bushnell pu ell Drive He built a house on the corner but I still had the right-of-way to Waltham Street I did not go to Town Meeting because I was unaware that the traffic signals mentioned in the Town Warrant would eliminate my right-of-way to Waltham Street This article was presented to Town Meeting by Mrs Miley, the junior member of the Board of Selectmen Mr Kanter read the article as it was printed in the warrant and suggested that there was an ulterior motive in having the article presented in this manner Chairman Kassler stated that no one had a ulterior motive and that Mr Kanter had been given a great deal of time by the Selectmen to discuss the matter Mr Kanter The Traffic Safety Committee looked at the situa- tion in response to a request of the Board of Selectmen to have a certain driveway eliminated in order to erect the traffic signal The intent was to block the traffic island On Walt3m Street as it would be an awkward situation if there was traffic going into this driveway as someone could make a left turn coming out of the drive- way The remedy is not to take an easement 90 years old If you want to make sure that no one goes through it, make a "one way" sign I don't see that it is necessary to take this driveway to point someone coming out and going the wrong way in a one way street The traffic signals could be put up on the other side At Town Meeting the article was concerned with the traffic signal Frank Sandy asked the question about the easement The Town Meeting Members were told about the easement Mr Cohen's answer -- "there is an island here with an opening and cars going in and out of the opening " The Town had applied and been given a permit by the State who said it was not necessary to take this Block the island and put up a "no left turn" or "one way" sign I fail to see there is a safety problem. If you have any arguments, I would like to hear them Mr McSweeney At its meeting of September 21, 1976, the Traffic Safety Committee discussed the traffic signals at Waltham Street and Worthen Road and recommended that the two curb-cuts in the channelizing islands be closed It was felt that uncontrolled turning movements at these locations would be hazardous and detrimental to the operation of the signal system The signal permit issued by Mass DPW calls for their closing Access to Waltham Street via a right-of-way between #2 and #4 Bushnell Drive presents a potentially serious situation A vehicle entering could proceed easterly in the westbound lane of Waltham Street, therefore, the Committee feels that a no-access provi- sion must be instituted on that portion of the right-of-way between the layout line of Waltham Street and the curb line of Waltham Street In order to accomplish this, the Committee recommended that the town take action to discontinue the right of access over that portion of the right-of-way Chairman Kessler Is it the opinion of the Traffic Safety Engineer that the access through Bushnell Drive which is available to all persons is sufficient for the people on the street? 236 Selectmen's Meeting November 1, 1976 Mr Bailey Nowhere did Mr Kanter indicate why it is important to keep this driveway open. Mr Kanter There has never been an accident by anyone making a right turn Mr Bailey If you would, Mr Kanter, tell us why this is preferred to going down Bushnell and going onto Worthen Road? Chairman Kassler You disagree with the Traffic Safety Committee and the engineers We can go on all night State why you do not agree with them. Mr McSweeney This is not an unusual request Two or three other areas in town were faced with the same problem. This is in the best interests of the town Mr Busa I spent 1-1/2 hours with Mr Kanter and the only question he raised was that he couldn't get his mail He can put a mail box on Bushnell Drive There is no inconvenience to come down Bushnell Drive onto Waltham Street I agree with the rest of the Board Mr Kanter I checked with Mass Department of Public Works, John Burke, and he indicated that there is no need for signals there I can't see a safety problem which would be solved by takin3the easement The Traffic Safety Committee did not suggest the easement -- it benefits some neighbors who own the land -- the Town has taken something from me and given it to them Chairman Kassler As far as I am concerned, since you brought this matter up, we have extended you every courtesy we can I, personally, have had enough You deny that there is a safety problem that is going to be helped by this taking and we disagree Mr Steven Richter I live at 17 Captain Parker Arms There is an appearance of improriety here I have heard that the owner of the land under the easement had bought his house at a cheaper price because of that easement It appears that he has gained in the value of the property and he isn't paying for that Does he pay any betterments? Chairman Kassler The appearance of impropriety is not correct Mr Kanter has been given every courtesy by us Mr Richter It was not obvious to me in the town warrant -- it didn't look right -- it looked like there there was going to be nothing but lights being put up Chairman Kassler It is impossible to go around door to door in town to explain so that people can fully understand the warrant Every citizen is given the right to talk at town meeting Mr Bailey It strikes me that Town Counsel rules on the legality of a motion at town meeting I doubt that he would have a Selectman presenting a motion that was illegal This is not the proper forum for that, the court is the proper forum for that Chairman Kassler- I would like someone to make a motion not to rescind the actions of the Town in the taking of this land Upon motion duly made and seconded, it was voted not to rescind the actions of town meeting under Article 34 of the 1975 237 Selectmen's Meeting November 1, 1976 Annual Town Meeting Chairman Kessler Mr Kanter, if you have any further comments, you can handle it through your attorney Mr Louis H. Spencer, Director of the Spencer Funeral Home Mr Louis on Waltham Street and his attorney, James Long, met with the Board Spencer to discuss parking problems on Waltham Street Parking -- Mr Spencer expressed his appreciation for the opportunity to Waltham St meet with the Board to discuss the matter Mr Long stated that Mr Spencer has conducted his business in Lexington Center for the past twenty-six years and is one of the few businesses in the central business district to provide private parking for patrons There are occasions when visitors to his establishment must seek public parking which is seldom available It was pointed out that most of the parking spaces are used by people working in the area and the problem is intensified because of two theatres and three restaurants in the area He stated that many people go to dinner and then to the threatre, thus occupying parking spaces for three and four hours at a time Mr Spencer feels that one hour parking time between the hours of 8 00 a.m. and 9 00 p m. seven days a week as it now is on Fridays would help eleviate his problem The Board discussed the problem and all agreed that there is a great need for additional parking in the Center area Mr Bailey pointed out that one of the items in the report from the Lexington Growth Policy Committee was the need for more parking in the Center, but that Town Meeting won't spend any money for it Mr Buse moved that the matter be referred to the Traffic Safety Committee for further consideration Upon motion duly made and seconded, it was voted to refer Mr Spencer's request to the Traffic Safety Committee for review and fur- ther consideration Mr Perry requested the Board to authorize Mr McSweeney as the Inflow Lexington representative to apply for State and Federal funds for Infiltration the Inflow Infiltration Analysis Authorization Upon motion duly made and seconded it was voted to authorize Mr McSweeney to represent the Town to apply for State and Federal funds for the Inflow Infiltration Analysis Mr Perry reported to the Board regarding the proposed im- Automatic plementation of the payroll to data processing He stated that Data Automatic Data Processing has assured him that they will provide Processing the Town with a six month notification of any price increases Payrolls prior to the beginning of its fiscal year -- July 1 The Shawmut County has provided an agreement whereby they will pay for the services of having the Town's payroll put through automatic data processing at no cost to the Town 238 Selectmen's Meeting November 1, 1976 Mr Bailey questioned whether or not this agreement would place the Town under any obligation to Shawmut and Mr Perry assured him that it would not Dr Kassler stated that he felt that it was a good idea, but not to give up our equipment in case it would be needed again Upon motion duly made and seconded, it was voted to authorize Mr Perry to proceed with the arrangements for the implementation of the Town payrolls to automatic data processing Dr Chabot Chairman Kessler read a letter from Joseph F Chabot, D V.M. re- Abatement questing an abatement of a $45 00 sidewalk betterment fee A report from the Director of Public Works/Engineering indi- cated that Dr Chabot's request was in order as the sidewalk at this area was never constructed Upon motion duly made and seconded, it was voted to abate the $45 00 sidewalk assessment for Dr Chabot on Lot 28 Waltham Street P W Employ- Mr McSweeney updated the Board relative to the projects for con- ment Act of sideration under the Public Works Employment Act of 1976 The pro- 1976 jects in a descending order of priority based on the applicability of the act and the Town's needs are as follows Sold Wastes Transfer Station, $700,000 00; Expansion of D P W Garage, $1,500,000 00; Lateral Sewer Construction, $500,000 00; Street Construction - various streets, $8,630 00 Mr McSweeney stated that the solid wastes transfer station in- cludes plans, specifications and construction of a transfer station on the site of the Hartwell Avenue Sanitary Landfill and included funds for the final closing and cover of the existing landfill This item was assigned as the number one priority on the basis of the num- ber of jobs that it would create to construct the facility, the possi- bility of introducing regionalization, the relatively short life ex- pectancy of the existing landfill and the ease with which plans and specifications could be prepared within the allowable time-frame The Board agreed that this was the #1 problem facing the Town and the one that had a chance of qualifying After further discussion it was decided that the possibility of obtaining funds were minimal and not worth the expense involved to make application National Chairman Kassler read a request from the Massachusetts Army Guard National Guard, 459 Bedford Street, Lexington, for permission to use Nov 11th a tracked vehicle in the November 11th parade After discussion, it was agreed to grant this permission with the understanding that the vehicle be equipped with rubber tracks to prevent any damage to the roadways Upon motion duly made and seconded, it was voted to grant per- mission to the Massachusetts Army National Guard to use a tracked vehicle in the November 11th parade with the stipulation that the vehicle be equipped with rubber tracks Mrs Miley voted in the nega- tive 239 Selectmen's Meeting November 1, 1976 tive The Board discussed the formation of a Regional Refuse Advisory Regional Committee which would be strictly an advisory group to the Board of Refuse Selectmen Mrs Miley volunteered to contact the members relative to Advisory their first meeting Committee Upon motion duly made and seconded, it was voted to appoint a Regional Refuse Advisory Committee as follows Peter Cambourelis 34 Sherburne Road Iris Wheaton 5 Hadley Road Joan Crothers 60 Meriam Street James Reilly 25 Walnut Street Warren Empey (Ex-officio) 3 Eldred Street Mrs Miley addressed the Board and informed them that the 128 128 West West Resource Recovery Council would like representation from the Resource Board of Selectmen and volunteered to serve Recovery Upon motion duly made and seconded, it was voted to appoint Council Mrs Miley to the 128 West Resource Recover Council Upon motion duly made and seconded, it was voted to approve Minutes the minutes of the Selectmen's meeting of October 12, 1976 as October 12 corrected Upon motion duly made and seconded, it was voted by a 5-0 roll Executive call vote to go into Executive Session for the purpose of dis- Session cussing the reputation and character of an individual After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 9 25 p m. A true record, Attest ' 061.7 Principal Clerk 1 240 SELECTMEN'S MEETING November 8, 1976 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, November 8, 1976, at 7 30 p m Chairman Kessler, Mr Bailey, Mrs Battin, and Mrs Miley; Mr Perry, Acting Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present Resignation Mr Perry read a letter of resignation, for personal reasons, Fire Chief from Joseph P Marshall as Chief Fire Engineer of the Town of Lexing- ton, effective December 1, 1976 or a subsequent date if it would be in the best interests of the Town; also, if it would be possible to serve in another capacity within the Fire Department, he would be most grateful Chairman Kessler said that it is most unfortunate news as it has been evident to everyone concerned that Chief Marshall has had the backing of the entire Board of Selectmen, Mr O'Connell, and cer- tainly, Mr Perry We will accept his resignation and ask Mr Perry to express the Board's regrets to Chief Marshall and tell him that we will make every effort to make the transition easier and, hope- fully, find a spot for him in the department if it is at all possible The Board agreed to accept the resignation of Chief Fire Engineer Joseph P Marshall National Mr Perry read a request from the Assistant Secretary of De- Guard fense for the cooperation and support of the National Guard and Support Reserve Upon motion duly made and seconded, it was voted to approve the request for the Town of Lexington's cooperation and support of the National Guard and Reserve National Guard Resignation For the record, Mr Perry read a letter of resignation from Recreation Mr Vincent E. Hayes as a member of the Recreation Committee, effec- Committee tive immediately Chairman Kessler informed the Board that he had personally ex- pressed his regrets in a letter to Mr Hayes, thanking him for his contributions throughout the years in the areas of recreation in the Town The Board to fill the vacancy on the committee at a later date Mass League Mr Perry informed the Board of a late communication from the Home Rule Day Massachusetts League of Cities and Towns requesting that the Town adopt a resolution designating November 8 as Home Rule Day Upon motion duly made and seconded, it was voted to designate November 8, 1976 as Home Rule Day in Lexington I __ 2411 Selectmen's Meeting November 8, 1976 Chairman Kassler read a request from the Lexington Minute Men, New Flagpole Inc to participate in the dedication ceremony and to raise the first Battle Green flag on the new flagpole on the Green It was agreed to talk with the Town Celebrations Committee to make arrangements for the dedication, which will take place before December 1 Chairman Kassler read a request from W R. Grace Co for a one- W.R.Grace day liquor license 1-Day License Upon motion duly made and seconded, it was voted to sign the one- day liquor license for W R. Grace Co on November 10, 1976, at a fee of $25 00 Chairman Kassler read a report and a formal request from Mr Dog Hearing Barry Littleton, Animal Control Officer, for a hearing on a dog - Myers II owned by Mrs Brenda Myers, 26 Curve Street, by reason of a vicious disposition Upon motion duly made and seconded, it was voted to conduct a dog hearing on Wednesday, November 17, 1976, at 8 30 a m. on the complaint against the dog owned by Mrs Brenda Myers, 26 Curve Street Upon motion duly made and seconded, it was voted to approve the Easements request of Mr Cohen, Town Counsel, to sign the Order of Taking for Forest St temporary construction easements for the Forest Street sidewalk Sidewalk Chairman Kassler read a request from Mr McSweeney, Director Intent - of Public Works/Engineering, to vote an intent to take sewer con- Sewer Ease struction easements to the rear of Blossomcrest Road Appraisals Blossomcrest and legal descriptions will be available to the Board prior to the actual vote to acquire the easement All abutters have been noti- fied of this intention and, with the exception of a Mr Crosby, no serious objections have been raised Other than the return of the receipt acknowledging that the letter from the Town had been re- ceived, numerous attempts to contact Mr Crosby have proven fruit- less The Algonquin Gas Co has reviewed the plan finds the ease- ment and design acceptable Upon motion duly made and seconded, it was voted an intent to take construction easements to the rear of Blossomcrest Road for construction of the sewer for Blossomcrest Road Upon motion duly made and seconded, it was voted to approve the Minutes minutes of Selectmen's meetings held on August 2 and 16; September 13, 20 and 27; October 18, 1976, as corrected Upon motion duly made and seconded, it was voted to approve the Ballot Cer- request of the Town Clerk to sign and certify to Secretary Guzzi tification the number of ballots cast in the Town of Lexington on November 2, Nov 2 1976 242 Selectmen's Meeting November 8, 1976 Contract Chairman Kessler read a request from Mr McSweeney, Director of q 77-9-E Public Works/Engineering, to sign Contract 77-9-E Traffic Upon motion duly made and seconded, it was voted to sign Con- Signals tract 77-9-E, awarded on September 20, 1976 to New England Traffic Munroe Signals, Inc in the amount of $6,870 for the installation of School traffic signals at the Munroe School on Massachusetts Avenue New Town The Board discussed the appointment of a new Town Manager Manager Chairman Kassler said that the Board of Selectmen and the Town Manager Search Committee had set a goal for a complete professional and one who would have Town-wide support The selection process had worked out much better than anyone had expected and, as a result, there is enthusiastic endorsement, with no compromises, of the final choice We asked for input from -employees,boards, committees, and citizens and, in writing, we set up criteria for the new office holder, including the relationship between the Board of Selectmen and the Town Manager It was turned over to the Personnel Depart- ment and, with the assistance of the Personnel Advisory Board, the position was advertised and 268 applications were received from all over the country The Board of Selectmendid not become involved and the initial screening process was handled by the Personnel Ad- visory Board Applicants were classified in A, B and C cataegories and those in the A category were turned over to the Screening Committee, who conducted the interviews The Town Manager Screening Committee represented the widest possible opinions of citizens of the Town and it was heartening to the Board of Selectmen that applicants took the time to say what an excellent job this committee had done and to tell us that they had never been involved in such a professional process and that they would be interested in using a similar approach The Board of Selectmen intervieweed the nine candidates recommended by the Screening Committee and, during the process, it became apparent to all that four of the nine were outstanding pros- pects Representatives of the Board and the Screening Committee visited the home towns of three of them and continued the discussion with each man in his home town Tonight, we are ready to vote and to bring our search to a close Mr Busa is the only member of the Board who is not here but he was interested and enthused enough about the selection process to volunteer to fly home from Florida We will make a telephone conference call, which will be much kinder to him Mrs Battin moved, pursuant to Section 5 of Chapter 753 of the Acts of 1968 as amended, to appoint Mr Robert M Hutchinson, Jr as Town Manager for a term beginning Jnuary 1, 1977 and ending December 31, 1979 at a salary of $34,000 for the first year Mr Busa, contact by telephone, seconded the motion by Mrs Battin He expressed his appreciation to the Personnel Advisory Board and the Town Manager Selection Committee for an excellent job in selecting the five finalists, and that any one of them would have served the Town admirably Mr Hutchinson has outstanding Gtie1+ Selectmen's Meeting November 8, 1976 qualifications, their decision,s, which made the Board unanimous in and he would convey his vote to Mr Hutchinson Upon motion duly made and seconded, it was the unanimous vote of Vote the Board of Selectmen, pursuant to Section 5 of Chapter 753 of the P Acts of 1968 as amended, to appoint Mr Robert M Hutchinson as Town Manager for a term beginning January 1, 1977 and ending December 31, 1979, at a salary of $34,000 for the first year Chairman Kassler said that it had been a long process but a very satisfactory one During the procedure, we consistently worked very hard, not only to follow the letter of the law but the spirit of the law The only constraints the Board had were that most of the final- ists were not anxious to leave their positions and we had to preserve their privacy. Otherwise, it was a totally open process Mr Hutchinson is the Town Manager of Plainville, Connecticut, and he has the many attributes we were looking for He is considered to be one of the top Managers in New England. Other towns in Connecticut have used him as a consultant in collective bargaining, and he has had a tremendous amount of experience He will be coming to Lexington on January 1 and it will be evident to all, as it was to us, that he was the oustanding candidate We will be very proud to have him as our Town Manager Mr Perry added his wholehearted endorsement of the action of the Board Mr William R. Page, Chairman, and members of the Advisory Com- CATV mittee on Cable Television and Cable Communications met with the Board to give a progress report and recommendations on the next step to be taken by the Committee Mr Page explained that the Committee had made an analysis of any system that Lexington might decide to have, and had developed specifi- cations to rate four alternatives for ownership and operation of a cable television system A Municipal Ownership; Contract Operation B Private C Non-Profit Corporation; Ownership Contract Operation D Non-Profit Corporation; Ownership and Operation Specifications were divided into three considerations financial, technical, and quality of service CATV ratings are Technical - Alternative A is most likely to meet speci- fications D, C, and B Quality of Service - Alternative A D, C, and B Financial - Alternative D C, B, and A Mr Page pointed out that if you use the factor that some people in Lexington might consider the lowest possible cost service over the long run to be more important than any financial risk, then A and B have equivalent ratings 24'1 Selectmen's Meeting November 8, 1976 The Committee recommends that it continue to study Alternative A in order to get more details, but would be glad to treat A, C, and D in the same package The Town is under no pressure to consider a license so the Committee has the time for further study in more de- tail It is their feeling that a contract operation would offer a degree of control that other forms of operation wouldn't be likely to meet as well Mr Bailey said that the Committee has done a great job in moving another step forward in getting the Town in a more comfortable posi- tion before the fact, and in gathering the ultimate material which will be required by the Board. Chairman Kessler asked how much time would be needed by CATV to submit facts and figures to the Board? Mr Page replied that a reasonable time would be about four months Chairman Kessler endorsed Mr Bailey's statement and thanked the members of CATV for the great deal of time and thought which had been put into the report It was agreed that the Advisory Committee on Cable Television and Cable Communications would report back to the Board in four to six months, and the Committee retired from the meeting Proclamation - Chairman Kassler read a letter from Governor Dukakis, requesting November all cities and towns to proclaim November as energy savingsmonth and, Energy Savings also, stressing the need for conservation measures Month Chairman Kassler pointed out that steps had already been taken by setting up a joint meeting next week with representatives of the Appropriation Committee and the School Department to hear a proposal by a Lexington-based firm of energy consultants Upon motion duly made and seconded, it was voted to proclaim the month of November as Energy Savings Month Permit - Red Chairman Kassler informed the Board that the Red Cross Chapter Cross Sale has requested approval for conducting a treasure sale at their build- ing on Saturday, November 13, 1976 Upon motion duly made and seconded, it was voted to approve the request of the Red Cross Chapter to conduct a treasure sale on November 13, 1976 Police Manual Mr Robert Kent, Chairman, and members of the Police Manual Com- Committee mittee met with the Board to submit its first report and recommenda- tions Mr Kent informed the Board that since the organizational meet- ing on July 20, 1976, the Committee had seven meetings They re- viewed the current Rules and Regulations of the Police Department, approved in 1972 by the Board of Selectmen and the Town Manager, and recognized the need for guidelines on one hand and, on the other, the dangers inherent in their becoming to specific or too voluminous The police manual contains three sections I Rules and Regulations; II Job Descriptions; III Policy L1-0 Selectmen's Meeting November 8, 1976 and Procedures Statements Rules and Regulations set forth instruc- tions binding upon members of the depalikment; they are categorical, precise, and are of such a nature that violation may lead to dis- ciplinary action Job Descriptions are self-explanatory These first two sections of the manual are appropriately promulgated by town officials, both by the Town Manager or the Board of Selectmen or, as we prefer, by both The Policy and Procedures section of the manual consists of a series of statements on a variety of topics designed to guide the officer in the conduct of his duty We empha- size that they are guidelines They are the products of much thought and deliberation; most summarize the factors rendering the topic important; each represents a statement of general policy as to how particular situations ought to be handled They all rest upon an assumption, however, that circumstances may and will arise in which a particular policy or procedure must yield to the exigencies of the situation and in which there is no substitute for the judge- ment of an officer on the spot Because the Policy and Procedures' statements are, in essence, working documents, they should be promul- gated by the official responsible for the operation of the department, namely the Chief of Police Mr Kent further stated that, although the committee had grappled with these concepts for some time, the nomenclature and views set IIIforth crystallized only after our meeting with representative of the Mass Police Institute on September 28 The Institute provides tech- nical assistance to police departments and it is federally funded by the Law Enforcement Assistance Administration It renders services only upon request of a police chief, hence it was at Chief Corr's in- vitation that representatives of the Institute met with us MPI's technical assistance includes the preparation of police department manuals, and they have prepared a set of 24 monographs, which are statements of Policy and Procedures, subject to local adaptation Among the more significant topics covered are arrest, crowds and demonstrations, juveniles, high-speed pursuit, rape, stop and frisk, use of force, strikes, and search and seizure The Institute keeps these monographs under constant review, and amendments are made from time to time Chief Corr has stressed that all of the matters included within the 24 monographs are vitally important to the proper operation of the Police Department, and the committee is quite per- suaded that this is so Additional topics may well qualify for in- clusion The Committee has come to conclusions and recommendations Ob- taining the assistance of the Institute represents the soundest ap- proach to commencement of a continuing review of the Police Department Manual, and Chief Corr stands ready to request such assistance Representatives of MPI who met with the Committee expressed their opinion that the present Rules and Regulations, including Job Descriptions, are in exceedingly good condition, and are among the Illbest that they have encountered in Massachusetts Our Rules and Regulations do contain matter which, under the MPI approach, would be I 46 Selectmen's Meeting November 8, 1976 placed in the sectionon PolicyProcedures The project we s c and ro pro- pose would involve a review&,f the Rules and Regulations, editing out those matters to be placed in Section III The Policy and Procedures' statements would then become a part of the manual, distinguished from the first two sections in that these statements would be promulgated by the Chief of Police, with Sections I and II to be adopted by the Town Manager, the Board of Selectmen, or both. The Committee believes that it is important that members of the department participate in this process For one thing, any amend- ments constituting a change in working conditions become the subject of collective bargaining As important is the proposition that, if the product is to work well, those who must use it should play a part in determing its content The Committee believes that a committee of citizens, such as ours, can continue to be helpful It should review the recommendations of MPI and serve as an advisory committee to the Chief as to the entire manual and to the Town Manager and the Board of Selectmen as to Sections I and II The Committee does not believe that a large number of copies is necessary There should be an adequate supply for the department, copies for the Town Manager, the Board of Selectmen, and members of a committee such as ours; plus copies should be made available for public inspection at convenient locations, such as Cary Library We do not believe that a general public distribution is called for as this is an operation document We do think that public access to it is essential In closing, we would express the hope that neither the Board nor the Townspeople will overemphasize the importance of the manual Most of what the officer learns about performance of his duties he learns from other sources, such as his substantial training upon joining the force, the courses which he takes, and the material which he reads Above all, he must be educated by his experience We do believe that an expanded manual can contribute useful guidelines for the exercise of the police function We believe that statement of guidelines and the existence of a process for their continuous review can contribute to that public confidence so essential to the ultimate success of the department Mrs Battin I commend you for what you have done I have seen the work of the Police Institute and it is superb But, in this case, you suggest that the Board of Selectmen adopt the Rules and Regulations and Job Descriptions, and the Police Chief is responsible for Policy. Normally, it is the elected body that does the policy, and administra- tion the rules As I see it, at some time we might be at odds with the police; for example, the sections on juveniles and high speed pur- suit Some time, the Chief might think something is necessary and the Board of Selectmen might not At times, community values might be at variance with those of the Police Chief, and the Selectmen represent the entire community I question who should adopt the policy, Again, I am talking about policies, not procedures 2'47 Selectmen's Meeting November 8, 1976 Mr Kent It is a difficult example you raise As to the P inevitability of high speeed pursuits, the question is, "When?" To us, it seems that it is most difficult in most areas of day-to-day conduct of officers that anybody could lay down a hard and fast rule for the officer on the scene When we talk policy, we want what we are talk- ing about and, most importantly, what we are not talking about - "Thou shall or shall not, upon pain of disciplinary action " - about not doing certain things We are not talking about policy abut by-laws, but guidelines for what is inevitable; largely, a discretionary faction; mainly, what happens in the field and not what the front office will tell him. The Chief is responsible to the Town Manager and, ultimately, if the Chief's policy and procedures get out of line, then something is going to give The control comes in the office of the Chief of Police, and the Board of Selectmen aught not to make the decesion as to how an individual officer does the job It seems to us that there ought to be a scrutiny of his policy and to have direct input from its own committee, and we think there ought to be some community input in this On a day- to-day basis, the person responsible ought to have the power to do it Mr Bailey I am absolutely delighted with the distinctions on the three important functions, and how you recommended following through Now comes the question of charging the committee to make sure that we have a four-way, mutually satisfactory basis Mr Kent If you approve the report, what happens next is a re- quest from Chief Corr to the Massachusetts Police Institute to review the regulations and job descriptions currently in the rules Our idea is that some would come out and go into the third section, complying with the monographs, with such changes as are deemed adviseable with the local practice When the Chief has them in shape, i e , high speed pursuit, he would present it to us, we advertise it, and we consider it, and we give him advice He has already taken the monograph on high speed pursuit and given it to the department as a suggested procedure They are working on 28 to 30 monographs now and, as they are approved, they would become part of the manual Chairman Kassler Then the meetings would become publicized? Mr Kent Yes; we anticipate a few subjects not covered by the other monographs Mr Chapin, Police Manual Committee Many of the monographs have already been in operation in the Police Department but haven't been part of a public document Chairman Kassler The Community Relations Committee found that a lot of the rules and regulations just aren't understood, and a review publicly would broaden the understanding Mr Kent I would emphasize, with respect to monographs, that is not the way it should be done but rather by furnishing a guideline To some extent, a man is bound by statute but, with the guidelines, we hope it will contribute but not supplant the thinking of the department before he gets into the situation Mrs Miley I would expect that this probably has been a proce- dure for many years and, in the final analysis, one always has to use 245 Selectmen's Meeting November 8, 1976 hisown -- has to be a major factor. judgment and judgment 7 I agree with Dr Kessler that when these are publicized - and always taking into consideration the human factor - there will be more understanding Upon motion duly made and seconded, it was unanimously voted to accept the report of the Police Manual Committee, including the recommendations of the Committee It was agreed that the second step would be for Chief Corr to request the assistance of the Massachusetts Police Institute Chief Corr said that if the request is made before November 15, the services are free He will follow through immediately Executive Upon motion duly made and seconded, it was voted, 4-0 by roll Session call vote, to go into executive Session for the purpose of discussing the reputation and character of individuals and one item concerning personnel After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 11 30 p m A true record, Attest: I xecutive Clerk, Selectmen 249 SELECTMEN'S MEETING November 15, 1976 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, November 15, 1976, at 7 30 p m. Chairman Kessler, Mr Bailey, Mrs Battin and Mrs Miley; Mr Perry, Acting Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present Chairman Kessler opened the hearing on the petition of the NET&T Co New England Telephone Company for permission to install conduit from Conduit Forest Street, across Waltham Street to 114 Waltham Street Notices of the hearing were sent to abutters, as listed on the petitioner's plan, and also filed with the Public Works Department Mr Pinault, representing the Telephone company, was present Chairman Kessler read a report from the Director of Public Works/Engineering recommending that approval of the underground con- duit location be granted Mr Pinault explained that this petition is to update and in- crease the service at the professional building at 114 Waltham Street No one appearing in favor or in opposition, the hearing was de- clared closed Upon motion duly made and seconded, it was voted to grant per- mission to the New England Telephone Company for the following loca- tion Waltham Street from an existing manhole #54/72 located on the westerly side at the interesection of Forest Street, easterly to private property #114 Waltham Street, approximately 74+ feet of conduit Mr Stanley Kolodkin, President of Xenegy, Inc , 49 Waltham Xenegy Street, met with the Board to discuss a proposal on energy con- Proposal servation Mrs Patricia Swanson, Chairman of the School Committee; Dr John Lawson, Superintendent of Schools; Mr James MacInnes Admini- strative Assistant, School Department, were also present Chairman Kessler welcomed Mr Kolodkin, and said that the Town's energy costs are tremendous and the Board of Selectmen is anxious to take appropriate measures to reduce escalating costs of energy consumption This firm is one of two which make proposals to us Mr Kolodkin informed all present that Xenegy, Inc is a con- sulting firm comprised of a 14-man group which has a large range of clients in institutional, industrial and real estate fields We view energy as a changing environment that the Town and the whole world is 6250 Selectmen's Meeting November 15, 1976 facing We deal with it in a different way, by dealing with it as an investment and, going beyond turning down lights and temperatures, we can offer a proposal We in New England are suffering the highest energy costs in the country, and we do have a serious problem. To see how it has affected us, the cost of living has. gone up 35%, natural gas 37%, gasoline 51%, electricity 55 1%,fuel oil 104 2% (which is used for electricity) This building was designed when oil was $2 00 a barrel; now it is $13 00+ For an energy cost reduction program, we recommend that you remove every fluorescent bulb and put in new energy saving lamps Using the proper lamps is a better investment than any other method by simply changing the types of light bulbs He cautioned that if lights are turned down too much, people are unable to do their work. There is more to savings than financial, and that is engineering, which can be budgeted The rates are subject to forces outside our control, so they are uncontrollable; the only thing to control is the number of kilowatts As to the quantity, we don't know how much the town is using Many towns are beginning to budget electricity; the usage or the quantity The Town Office Building is using more but you don't know how much, and costs went up 25 7%; street lamps 12%; schools 20% Fuel for the Town Office Building went up 8 5%; schools went down 8%, which implies conservation Obviously, there are usage problems, and we would expect to see a reduction On street lamps, the only way is to negotiate a different rate Xenegy can help by implementing a con- servation program by setting up a proper monitoring program. Town key personnel can be trained to carry on the process, and there would be no need to hire additional people A firm such as ours could keep you informed of federal and state conservation assistance We recognize that part of any program involves an amount of test- ing and we would suggest a pilot program to do the Town Office Building, where energy has and is being used in excess We would be prepared to define a program which could be carried out in a relatively short period and could start by setting up an appropriate budgeting system. Finally, we believe, as a part of this, that we could at least provide the beginning of a training program for personnel, and we would be happy to put it in a dollars and cents proposition Mr William Page asked if towns have been successful in negotiating a different rate on street lights? Mr Kolodkin replied that this area was not totally within his expertise but he felt that one would have to do more than negotiate with the power company as there are questions on whether surface street lights could be removed You could actually save energy by being more judicious about when they are turned on and off Added up to 365 days, that is a lot of energy Mrs Miley asked what type of lamp he would propose to use? Mr Kolodkin replied that there is a new 35 watt cool light designed specifically to reduce energy in buildings, and it is a more efficient lamp This building has 40 watt lamps and, at $1,00 per lamp, it burns about $6 00 worth of electricity per year Turned down, it is 251 Selectmen's Meeting November 15, 1976 reduced by 50% Typical offices are overlit Thirty percent of the cost in a building is lights Mr MacInnnes asked if it was either a myth or a fact that fluorescent vs incandescent that there is a saving in fluorescent lamps? Mr Kolodkin answered that the myth is based on the fact that fluorescent bulbs used to be a lot less reliable Mr MacInnes wondered if there would be a saving by leaving a fluorescent light on as it would cost less than turning it on and off Mr Kolodkin said that his advice was to turn it off each time Also, in answer to a question often raised as to whether it costs more to turn the heat down at night and heat the house up in the morning, you save about 1% for, each degree you turn it down Mr Wyman and Mr Erbetta were present and asked for the consul- tant firm's background and what the Town has done to save taxpayers' money; what can they do over and above what the Town has already done, and what steps are they planning? Chairman Kassler said that it has taken the Town three years to wake up to this and he did not think that the Board of Selectmen, as it is now constituted, can say that we should have been aware of it two or three years ago As far as what the Town has been doing in energy savings, Mr McSweeney can tell you Now, we are aware of the problem, and that it has escalated, and we feel we should do something If we haven't done very much up to now, we will do something now Some- one like Mr Perry could draw up specifications for everyone and we would approach it the way we would do any program We would welcome knowledgeable citizens to work with us and perhaps have a committee to look into the background of all groups before a decision is made on a consultant This particular program was to make the Town aware of the fact that we could approach our energy problems on a scientific and technical basis Mr McSweeney said that Mr O'Connell had a program and it was documented; half of the lamps are out of this room Dr Kessler replied that this is a new concept and they have ideas on how to help the Town approach it Last year, we spent close to $1 million The Board is going to go carefully and openly. Mr Bailey stated that two of the Town's largest consumers of energy are the sewage pumping station and motor fuels He asked Mr Kolodkin if his firm would address these two areas sooner or later? Mr Kolodkin replied that they did not look at the pumping station but did get data on fuel. Chairman Kessler recommended that Mr Kolodkin get together with Mr McSweeney and get standard specifications for the Town Office Building He asked if the School Department could also be included Mr Maclnnes asked how long it would take to get results of a pilot program? Mr Kolodkin replied that he envisioned something that was measured on a five to ten day program, which would be a relatively small program and one that would not solve the Town's whole problem 252 Selectmen's Meeting November 15, 1976 i Mr MacInnes commented that if given something within five to ten days and they tried it out over a period of time, it would give them an idea of how to proceed with other school buildings Chairman Kassler said that he would like to see a limited proposal, and one that other firms could address themselves to; also, some specifications We would welcome any input from citizens, who could get together with Mr McSweeney We would like to save half of the million dollars we spent last year Mr Kolodkin agreed and said that he had enough figures but would like to go over some bills with Mr McSweeney to see what is go- ing on He retired from the meeting Community Mr David Wilson, Chairman, and members of the Community Rela- Relations tions Committee met with the Board Committee Chairman Kassler said that the Board would like to discuss the report and recommendations submitted by the Committee and, also, the makeup of the Committee Discussion was held on one recommendation that the Board endorse and support an expanded youth program within the police department, to work with students and the possibility of a new course on police policy at the high school level Mrs Miley mentioned the possibility of look- ing into federal or state funding similar to the arrangement at Plain- ville, Connecticut, for their Youth Officer But, the Board agreed to crank in $10,000 in the preliminary Police budget for a Police Officer to work specifically with young people and the schools, subject to approval of the new Town Manager The Board agreed to support and designate a Community Relations Officer within the Police Department, subject to approval of the new Town Manager It was agreed to refer to the Youth Commission the CRC recommen- dation that a task force be set up to evaluate and make recommendations concerning the resources presently available to meet the social, econo- mic, recreational, and rehabilatory needs of all youth within the commu- nity The CRC recommendation on having programs within the Town on teenage drinking is to be referred to the Drug Advisory Committee. It was also agreed that, in order to open up channels of commu- nication, citizens would be requested to submit names of young people who would be interested in serving on committees In discussing CRC membership, Dr Kassler recommended reducing it from the current twelve members to five or seven members; Mrs Battin suggested seven to nine members Mr Bailey felt that the Board should wait until all members are present before a decision is made on the make-up and charge to the Community Relations Committee Chairman Kassler said that the Board has accepted the report and have agreed to implement the recommendations that required action, and we will make a copy available at Cary Memorial Library for interested citizens We will inform the Community Relations Committee when the full Board of Selectmen will discuss the make-up and charge to the Committee h 1h) Selectmen's Meeting November 15, 1976 Members of the Community Relations Committee retired from the meeting Mr Perry, Acting Town Manager, read a recommendation from Mr Comprehensive McSweeney, Director of Public Works/Engineering, regarding the Com- Drainage prehensive Drainage Study, that the Board vote an intent to award Study - the contract to Whitman and Howard Whitman & Dr Kessler said that the Conservation Commission, Planning Howard Board, and the Engineering Department are unanimously in favor of this Contract action Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering regarding the Comprehensive Drainage Study, and to vote an intent to award the contract to Whitman and Howard, Wellesley, in an amount not to ex- ceed $25,000 Mr Perry recommended that the Town Offices be closed on Decem- Dec 24 ber 24, 1976, with the understanding that if an emergency occurs, Closing - arrangements will be made for DPW forces to have an alternate day Town Offices off (at regular time) Upon motion duly made and seconded, it was voted to close Town Offices on Friday, December 24, 1976 For the record, Mr Perry read a letter from Mr James Crain, Personnel Chairman of the Town Manager Search Committee, thanking Mr Charles Office Cook and Mrs Tina Marshall of the Personnel Department for their valuable services during the Town Manager search Chairman Kassler read a request from Attorney Norman May to Hobart- indefinitely suspend the sewer betterment assessed to Albert N Summer St Hobart on his property located at 16 Summer Street because the Sewer property is located on ledge and, therefore, cannot be connected Assessment to the sanitary sewer in Summer Street A report from Mr McSweeney stated that the public sewer in Summer Street is definitely available to the house and it can be connected There is ledge in the area and, in fact, blasting was necessary to install the main in the street He concurs that blasting would be necessary to install the service but this is neither unusual or extraordinary and is not a valid basis for either abating or deferring the betterment It is recommended that the betterment not be abated or deferred. Upon motion duly made and seconded, it was voted to accept Mr McSweeney's recommendation not to defer the sewer betterment assessment against the property at 16 Summer Street and, therefore, the sum of $921 00 is due and payable to the Town of Lexington Chairman Kassler read a request from Grace Shaw and Joseph Shaw & Comeiro for an abatement of the sewer betterment assessed to their Comeir0- property located at 36 Summer Street Summer St Sewer Assessment 254 Selectmen's Meeting November 15, 1976 A report from Mr McSweeney stated that while this is a longer than average sewer service, according to the law a betterment must be assessed Therefore, it is recommended that the sewer betterment assessment not be abated Furthermore, if a health problem should develop with the system in the future, they would be required by law to connect to the Town's sanitary sewer Upon motion duly made and seconded, it was voted to accept Mr McSweeney's recommendation not to abate the sewer betterment assess- ment against the property at 36 Summer Street and, therefore, the sum of $1,298 89 is due and payable to the Town of Lexington/ 1977 Annual Chairman Kassler requested the Board to vote to call the Annual Town Meeting Town Meeting Upon motion duly made and seconded, it was voted to call the Annual Town Meeting (Election Day) for Monday, March 7, 1977 and to set the 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 annual Town Meeting for Monday, March 21, 1977, at 8 00 p m. in Cary Memorial Hall Warrant Upon motion duly made and seconded, it was voted to close the Closing Warrant on Thursday, December 30, 1976 at 4 30 p m. for the submission of Articles for the Warrant of the 1977 Annual Town Meeting Lions Club Chairman Kassler read a request from the Lions Club for approval 4th of July of July 1, July 2, July 3, July 4, 1977 (Friday through Monday) for the annual 4th of July Carnival Upon motion duly made and seconded, it was voted to grant per- mission to the Lions Club to conduct the annual 4th of July Carnival on July 1 through July 4, 1977, subject to further discussion on the hours of operation K of C Chairman Kassler read a request from the Knights of Columbus for Ext of an extension of hours on two evenings Hours - Upon motion duly made and seconded, it was voted to approve the Liquor request of the Knights of Columbus for an extension of hours under the Club liquor license on December 9 and December 15, 1976 until 12 00 p m. Cert of Chairman Kassler read a request from Secretary Guzzi for approval Incorp of location for a Certificate of Incorporation Upon motion duly made and seconded, it was voted to approve 32 Colony Road as a mail drop for Certificate of Incorporation, "LEAD Educational Resources, Inc " Energy The Board discussed representation at federal energy conferences Conferences to be held on November 29 through December 1 and state energy con- ferences on December 2, 7, 9 and 14, 1976 It was agreed that Mr Perry is to make arrangements for citizen and employee representation at both conferences 255- Selectmen's Meeting November 15, 1976 It was agreed to defer the appointment of a Vice Chairman until a meeting when a full Board is present Chairman Kessler read a request from the Conservation Commission Chabot to take by eminent domain Lot 132 on Assessors' Map 24, owned by Mr Land Taking and Mrs Chabot Upon motion duly made and seconded, it was voted to sign the order of taking by eminent domain Lot 132 on Assessors' Map 24, owned by Joseph F and Mary Ellen Chabot in the amount of $8,000, as authorized under Article 45 of the 1766 Annual Town Meeting Upon motion duly made and seconded, it was voted, 4-0 by roll Executive call vote, to go into Executive Session to discuss strategy with Session respect to collective bargaining, and the reputation of a person After discussion, 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 111 _:54.-!.4_;,6,,2 Executive Clerk, Selectmen 1 t 2 56 SELECTMEN'S MEETING 111 November 22, 1976 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, November 22. 1976, at 7 30 p m. Chairman Kessler, Mr Buss, Mrs Battin and Mrs Miley; Mr Perry, Acting Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present Jurors At the request of the Town Clerk, the following jurors were drawn Goerge J Bacigalupo 89 Adams Street Marie Hiscock 29 Stimson Avenue Francis A. Lyons 15 Rawson Avenue Elinor Allia 1 Sunnyknoll Avenue Frederick A. Schloman 74 Spring Street Robert E Barrett 11 Winston Road Virginia Coates Busiek 12 Patriots Drive Carmela A. Passanisi 135 Laconia Street Harriett M Eckstein 24 Barberry Road Insurance Mr Perry recommended that the Board approve the list of in- Commissions surance agents to participate in commission on the Town's insurance Upon motion duly made and seconded, it was voted to approve the following list of agents to participate in commissions on the Town of Lexington's insurance schedule, in the amount of $325 00, each W Dana Bartlett Insurance Agency of Lexington, Inc 1840 Massachusetts Avenue, Lexington MacNeil Insurance Agency, Inc 19 Depot Square, Lexington Otis S Brown Insurance Agency 1 Militia Drive, Lexington Northwest Insurance Agency, Inc 1709 Massachusetts Avenue, Lexington Fred Hersom Insurance Agency 1840 Massachusetts Avenue, Lexington Public Works For the record, Mr Perry informed the Board of the receipt of a Employment check for $33,927 from the Federal government under the Anti-recession Act - Fiscal Assistance-Public Works Employment Act The use of these funds Financial must be appropriated by Town Meeting into specific accounts as it was Assistance 257 Selectmen's Meeting November 22, 1976 111 the intent of Congress that they be used primarily for employment of persons and provision of basic services in construction areas by the Town Mr Perry informed the Board of his intention to appoint Mr Acting McSweeney as the Acting Town Engineer, as important documents must Town be signed by a certified Engineer Meanwhile, the search will con- Engineer tinue for a new Town Engineer The Board approved Mr. Perry's proposed action Mr Busa discussed the hearing he chaired on November 17, 1976 Myers Dog on a dog owned by Mrs Brenda Myers, 26 Curve Street Mr Barry Littleton, Animal Control Officer, had initiated the complaint and, according to testimony of neighbors, Mr Littleton, and Mr George Smith, Health Director, the dog had bitten four people From all evidence presented, it was Mr Busa's opinion, and Mr Littleton and Mr Smith concurred, that this dog was a vicious animal and should be removed from Lexington At one point, Mr Littleton had suggested to Mrs Myers that he take the dog and put him in a home which would provide an area for the dog to run At first, Mrs Myers agreed, but then disagreed and said that she would wait for the decision of the Board of Selectmen Chairman Kassler said that Mr Littleton reports that two dog bites are intolerable, and this dog has bitten four times He also pointed out the close proximity of the house and yard to Adams School and Mass Avenue, and recommended that the dog be removed from Lexington. Dr Kassler agreed with this recommendation because of the strong evidence against the dog Upon motion duly made and seconded, it was voted to inform Mrs Brenda Myers that, by Order of the Board of Selectmen, the Husky/Shepherd dog is a nuisance by reason of a vicisous disposition and, therefore, is to be removed from the Town of Lexington within twenty (20) days from the receipt of the letter Upon motion duly made and seconded, it was voted to approve Minutes the minutes of the Selectmen's meeting held on November 8, 1976, as amended Chairman Kessler asked if any member of the audience had a Leaves question of the Board Mrs Helena Butters, 52 Meriam Street, said that it is her understanding that it is illegal to rake leaves into the street but it is still happening on Meriam Street Mr McSweeney explained that if a member of the Public Works Department observes this violation, the owner of the home is immediately notified to remove the leaves immediately A citizen may also register a complaint with DPW I X58 Selectmen' s Meeting November 22, 1976 ' regarding s Chairman Kessler read a report from Mr McSweeney rega g the Request - Town of Lincoln's request to use the Lexington sewerage system for Septage septage disposal The report states that meetings had been held Disposal to review the proposal, taking into consideration not only the con- cerns of the Town of Lexington with that of the Town of Lincoln, the Metropolitan District Commission Sewerage Division, and the Common- wealth of Mass Department of Environmental Quality Engineering A number of questions are yet to be answered, including a number of conditions that should be considered before the Lexington Board of Public Works can entertain an acceptable proposal from the Town of Lincoln What constitutes an emergency? Will the emergency mean the entire Town of Lincoln or just the housing complex? Will the septage disposal consist of all sludge? If a proposal is acceptable, it is recommmended that the follow- ing conditions be agreed upon with the Town of Lincoln 1 Contract to be made with the Town of Lexington and the Town of Lincoln. 2 Payment to be made directly from the Town of Lincoln to the Town of Lexington 3 The Town of Lincoln must pay a fee in the amount of $10 per thousand gallons of sewerage 4 The Town of Lexington, Department of Public Works, must receive written permission from both the Town of Lincoln and the Town of Lexington Board of Health 5 The Town of Lexington must receive written approval from the De- partment of Environmental Quality Engineering If approval is received and special equipment is recommended, the Town of Lincoln must pay for the furnishing and installation of said equipment 6 The sewerage contractor must obtain a permit from the Town of Lexington, Public Works Department, to dispose of sewerage at the Bow Street disposal site Said contractor must also submit a copy of a permit issued to him from the Town of Lincoln 7 The sewerage contractor must be licensed with the Board of Health, Town of Lexington 8 The Town of Lexington's Board of Health Director and the Director of Public Works/Engineering retain the right to cease operation at any time, or the issuance of a permit should they deem an emergency does not exist and/or existing conditions are such that the Town of Lexington cannot accept septage disposal The report concluded with the statement that, since the meeting held on September 1, 1976 with Mr Flint of the Town of Lincoln, Mr McSweeney has received word that the Town of Lincoln is only interested at this point in emergency septage disposal and, in the interim, Lin- coln has made the necessary arrangements with the Town of Framingham and the Town of Bedford to accept their overflow of septage on a con- tractual basis I 25,9 Selectmen's Meeting November 22, 1976 Mr McSweeney said that he wanted to spell out the conditions and the Town of Lincoln has been informed of these conditions MDC said that they would grant permission providing Lincoln received permission from Lexington There are serious questions from Water Quality and E P.A and, if they approve, Lincoln would cover the expense and that would save us bookkeeping Upon motion duly made and seconded, it was voted to authorize Mr John McSweeney, Director of Public Works/Engineering, to continue negotiations with the Town of Lincoln, based on the conditions out- lined above Mr McSweeney discussed the list of construction and subdivision FY 78 streets to be submitted for FY 78 acceptance, plus the discontinuance Streets of Hinchey Road and Wood Street An informational meeting will be held on November 30, 1976 on Construction Streets-Banks Avenue, Cushing Street, Emerald Street, Tower Road; Subdivision Streets- Brent Road,Emerson Road, Suzanne Road, Lois Lane A letter has been received from the Planning Board stating the vote of November 15, 1976 to recommend the four subdivision streets On December 13, the Board of Selectmen will vote the intent to lay out these streets and to notify the Planning Board of this intent Seven days before the hearing, written notice will be delivered by the Constable to all abutters of the intent to lay out On January 11, 1977, public hearing will be held by the Board of Selectmen,and on January 17, the Board of Selectmen will vote to lay out the streets which will be submitted for approval of Town Meeting Mrs Joyce Hals, Chairman, Mrs Elaine Dratch, Mr William Transporta- O'Neil, and Mr Paul Rempfer, members of the Transporation Advisory tion Advis Committee, met with the Board to give a progress report Committee Mrs Hals and Mrs Dratch reported that a questionnaire had been distributed to Lexingtonians and approximately 400 people had been interviewed It was the unanimous opinion to continue bus service in the community and most were in favor of express buses, by the same route, to and from Boston Commuters also wanted to have more maps and the availability of more bus schedules The Town Clerk has offered to have a supply available in her office One of the requests was for bus service to the Mall and the MBTA consultant had come up with the concept of continuing the Waltham Bus from Lexington Center to the Burlington Mall and back to the Center It would go down Hancock Street to Adams Street, turn up the narrow road at the intersection and come onto the Middlesex Turn- pike The Planning Board unanimously agreed that it should be diverted from Adams Street to East Street to Lowell Street Changes have been recommended on the Hanscom bus route There have been problems on both ends; early mornings and late evenings, it runs quickly to Harvard Square but the rest of the day it winds through Belmont, and people want to eliminate this by going directly from `26O Selectmen's Meeting November 22, 1976 Lexington to Harvard Square every half hour The Transportation Committee has asked if a bus could go down Hartwell Avenue and up Maguire Road as we think it to be an advantage by having more service coming into Lexington The Bedford Center-Arlington Heights bus line is a very success- ful route and no changes are recommended, but the consultant recommends that it continue to Harvard Square The line from Five Forks to Woburn Street to Lowell Street to Arlington Center has been eliminated and there would be two lines to the Burlington Mall, one on the hour and one on the half-hour Mr Busa suggested that a mini-bus be used on the Mall route as it would be hard to maneuver a large bus, but Mr O'Neil said that it would be difficult to convince the MSTAto change the type of bus Mrs Hals said that three members of the committee had regularly attended the Minuteman Area Transit Study meetings and had contributed a great deal of input, much of which had been taken into account by the consultants and they had added it to their programs Chairman Kessler recommended that the committee check the recom- mendations with the Traffic Safety Committee so that there would be mutual agreement on routes throughout Lexington Mr Cohen said that he uses the buses often and was disappointed not to see express routes to Boston Many people in Lexington feel this way and cannot understand why we don't have this service; Burling- ton has an express route to Boston Mrs Hals said that it had been discussed but she will look into it further In answer to Mrs Battin's questions, Mrs Hals said that it would not be possible for the Burlington Mall bus to go down Woburn Street to Lowell Street as there are two different routes and we would lose passengers to the Center Also, the committee is keeping an eye on intertown buses between Lexington and Bedford Mrs Miley commented that we can gain experience with the newly established bus service for the elderly to the Burlington Mall (feder- ally funded) The Board expressed appreciation to the Transportation Advisory Committee for a most productive year, and the group retired from the meeting New Battle Mr Busa discussed the dedication of the new flagpole on the Green Green Flag- and the Board agreed that the ceremony should be held in 1976 Mr pole Busa agreed to follow up on the details with the Town Celebrations Committee Woburn- Chairman Kessler read a request from Mr McSweeney for a vote to Lexington reaffirm the location of the common boundary line between the City of Boundaries Woburn and the Town of Lexington, as shown on original town line plans on file in the Commonwealth of Massachusetts archives, and identified 261 Selectmen's Meeting November 22, 1976 as "1794 Plan of Lexington by Thompson" ,�and 1794 Plan of Woburn by Thompson " Mr McSweeney recommended that the Board send a letter to the Mayor of Woburn requesting that Woburn consider ratifying the common boundary line as shown on the Thompson plans Several meetings had been held between representatives of Woburn, Lexington and Middle- sex County engineering departments, which resulted in mutual agreement on the original 1794 Thompson survey If Woburn agrees, hopefully this should resolve the problem that residents of Douglas Road, Lexington, have had by receiving tax bills stating that a portion of their land lies with Woburn limits Upon motion duly made and seconded, it was voted to reaffirm the original common boundary line between the City of Woburn and the Town of Lexington, as shown on the original Town Line Plans of 1794 on file in the Commonwealth of Massachusetts Archives and identified as "1794 Plan of Lexington by Thompson," Archives No 1186 and "1794 Plan of Woburn by Thompson," Archives No 1206 Chairman Kassler agreed to send a letter to the Mayor of Woburn requesting affirmative action to ratify the common boundary line The Board agreed to arrange a joint meeting on a Monday evening Capital with the Appropriation Committee and the Capital Expenditures Commit- Budget tee for a presentation of DPW capital budget items Mr Perry is to Meeting distribute the material to all at the same time on that evening Upon motion duly made and seconded, it was voted, 4-0 by roll Ekecttive call vote, to go into Executive Session for the purpose of discuss- Session ing strategy with respect to litigation and one item concerning a re- quest from another town After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 9 02 p.m A true record, Attest Executive Clerk, Selectmen I SELECTMEN'S MEETING November 29, 1976 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, November 29, 1976, at 7 30 p.m Chairman Kessler, Mr Bailey, Mr Busa, Mrs Battin, and Mrs Miley; Mr Perry, Acting Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Director of Public Works/ Engineering; Mrs McCurdy, Executive Clerk, were present Youth Miss Nancy Abelmann, Chairman, and members of the Youth Ad- Advisory visory Subcommittee met with the Board to submit a Report of the Commission Subcommittee on Youth Programs and Services The Board agreed to accept the report and to forward copies to the Drug Advisory Committee Arrangements will then be made to schedule an appointment for both committees to meet with the Selectmen for a joint discussion of the results of the YAC study Chairman Kessler mentioned the minutes of a recent meeting concerning a negative attitude towards the Report of the Community Relations Committee He cautioned against the recording of state- ments unless they reflect the feelings of the entire Commission Youth Advisory Commission members agreed to attend a joint meeting in two weeks, and retired from the meeting Part-time Mr Perry requested approval of the Board for changes in rates Employees' for School Crossing Guards, Census Takers, and Contractural Secre- Rate Inc tarial Help Upon motion duly made and seconded, it was voted to approve the Crossing part-time rates of School Traffic Crossing Guards from $235 00 Guards monthly to $246 75, monthly, retroactive to the start of the school year in September, 1976 Census Upon motion duly made and seconded, it was voted to approve Takers- the increase in the rates for Census Takers from $150 00 to $15.7 50 Coordinator per route for the 1977 census, and the increase for the Census Coordinator from $4 00 per hour to $4 20 per hour Upon motion duly made and seconded, it was voted to approve the increase in the rate for Contractural Secretarial Help from $3 50 per hour to $3 75 per hour, effective December 1, 1976 for secre- tarial assistance to the Historic Districts Commission, Appropria- tion Committee, and the Conservation Commission 1977 Chairman Kessler read applications for renewal of licenses Licenses for 1977 Common Upon motion duly made and seconded, it was voted to sign the Victualler All Alcoholic Beverages Common Victualler licenses for the following Liquor LeBellecour, Inc Lexington Enterprises, Inc - Peking Gardens 111 Bora-Bora, Inc Yangtze River Restaurant; approval of new Manager, Wei-Jen Ong Selectmen's Meeting November 29, 1976 Upon po duly made and seconded, it was voted to sign the Liquor - 1977 Club liquor license for the following Clubs Lexington Lodge of Elks Lexington Golf Club Lexington Knights of Columbus Upon motion duly made and seconded, it was voted to sign the Package 1977 Package Goods license for the following Goods Mr Busa abstained Berman's Market Busa Bros Liquors, Inc Lexington Liquor Mart, Inc Vinebrook Corporation Joseph Trani, Incorporated Upon motion duly made and seconded, it was voted to sign the Common 1977 Common Victualler licenses for the following Victuallers Lexington Enterprises, Inc - Peking Gardens Jeffro, Inc d/b/a Deli-Shuss Christos Kontos d/b/a Christos Rosina's Kitchen Deli Take-Home Foods of Lexington - Kentucky Fried Chicken Old Lexington Restaurant d/b/a Mario's David Roberts d/b/a Minute Man Restaurant Three A's Foods, Inc d/b/a Chadwick's Brighams - 94 Bedford Street Brighams - 1775 Mass Avenue Howard Johnson's Waltham Farm Trust - d/b/a Powder Horn Golf Club Pine Meadows Contry Club Hayden Skating Rink Bora-Bora, Inc Muffin House of Lexington d/b/a Pewter Pot Harold Buter Enterprises d/b/a Denny's Establishment Claude J Djevalikian - Bernie & Claude Donuts, Inc - Dunkin Donuts LeBellecour, Inc Yangtze River Restaurant Sheraton-Lexington Motor Inn Upon motion duly made and seconded, it was voted to approve the Friendly's request from Friendly Ice Cream Corp for an extension of hours under Hours the Common Victualler license on Sunday through Thursday from 7 00 a.m. to 11 00 p.m. ; Friday and Saturday from 7 00 a m to 12 00 Midnight Upon motion duly made and seconded, it was voted to sign the Sher -Lex 1977 Entertainment license for the Sheraton Lexington Motor Inn for Entertainment six days a week, Sundays excluded; entertainment to range from single Inc performers to full orchestra playing music in both traditional and contemporary styles 264 Selectmen's Meeting November 29, 1976 and seconded, it was voted to sign the Sher -Lex Upon motion duly made e , Innholder 1977 Innholder Liquor license for the Sheraton Lexington Motor Inn Liquor Lic with hours of 11 00 a m to 12 00 Midnight seven days a week, dining room service to 12 00 Midnight; approval was also granted for a new Manager, Mr John Greenwood Traffic Chairman Kessler read a request from Mrs Elizabeth Ives, One Signs Bennington Road, for two "Caution Children" signs on either end of Washington Washington Street Street A report from the Traffic Safety Committee recommended the installation of the two signs Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Committee that two "Caution Children" signs be installed on Washington Street, and Mr McSweeney was requested to make the necessary arrangements for the signs Traffic- Chairman Kessler read a report from the Traffic Safety Committee Right Turn stating that the Engineering Department had investigated the possi- on Red bility of having right turns on red lights at signalized intersections and, because several Massachusetts Guidelines were only marginally met, the committee recommends that no further consideration be given for these turns The Board accepted the recommendation Street Chairman Kessler read a report from the Director of Public Lights Works that, in response to a resident's request, Boston Edison had re- Dexter & placed the old style street lights with modern lights on Dexter and Williams Williams Roads Battle Chairman Kessler read a request for a concern on the Green Green - Upon motion duly made and seconded, it was voted to grant per- Band mission to the Lexington High School Band to conduct a concern on Concert the Battle Green on Sunday, June 5, 1976, from 2 00 p.m to 3 30 p m. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on November 15, 1976 Lots 70 & Mr and Mrs Paul F O'Brien, 33 Haskell Street, were present 72 Summer when the following matter was discussed St Sewer Chairman Kessler read a report from Mr McSweeney, Director of Betterments Public Works/Engineering, relative to a request from Mr and Mrs Paul F O'Brien for an abatement of the sewer betterment assessment of $190 45 on Lot 70, Assessors' Map 28; also, for a deferment of the sewer betterment assessment of $567 40 on Lot 72, Assessors' Map 28. Summer Street The report stated that at the time Summer Street was laid out, the parcel was cut into two pieces, one on each side of Summer Street, but remained under one ownership, eventually being purchase3 by Arthur R. and Anna M Marsan in 1949 Apparently, when the Town was111 Selectmen's Meeting November 29, 1976 reassessed in 1962, the smallerpiece - Lot 70 - was dropped from the tax roles but remained listed in the Assessors' records as being owned by Marsan and, in fact, is still shown that way In 1973, the Marsans sold their property to the O'Briens present owners At the time that the order of construction was filed, which contained a schedule of betterments, we could find no record of the smaller par- cel coming under separate ownership from the larger one Accordingly, betterments were assessed to the O'Briens against both parcels as the owners of record and as prescribed by statute The recommendation is that the betterment on Lot 70 should be abated as the sewer is of no benefit to this lot even though it is physically available It is also recommended that a title search be done on this parcel to accurately establish ownership and have the parcel either reinserted onto the tax roles or taken by the Town as tax title With respect to Lot 72, it is recommended that the better- ment be paid as it is a pre-existing lot and could be considered as a buildable lot Mr and Mrs O'Brien assured the Board that they had no inten- tion of building on that lot and, therefore, requested a deferment Upon motion duly made and seconded, it was voted to approve the Sewer Bet recommendation of the Director of Public Works/Engineering to abate Lot 70 the sewer betterment assessment on Lot 70, Assessors' Map 28, Summer Summer St Street in the amount of $190 45, and to refer to Town Counsel and/or the Board of Assessors the matter of investigation in order to estab- lish proper ownership of Lot 70 Upon motion duly made and seconded, it was voted to defer pay- Lot 72 ment, under the provisions of Chapter 159 of the Acts of 1950, of Summer St the sewer betterment assessment on Lot 72, Assessors' Map 28, Summer Street, owned by Paul F and Elaine M. O'Brien, in the amount of $567 40, without interest, until said land or any part thereof is further developed, sold or until the expiration of three years from this date, 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 For public information, Chairman Kassler read a report from the Flu Clinics Director of Public Health concerning the success of the initial dis- tribution of influenza vaccines The second series of inoculations is scheduled for December 4, 1976 Chairman Kassler requested that the Board discuss the appoint- Vice went of a Vice Chairman Chairman Mrs Miley nominated Mrs Margery M. Battin as Vice Chairman Mr Bailey and Mr Busa expressed opinions against the need for a Vice Chairman, and stated a preference for continuing under the previous unanimuous vote to rotate the Chairmanship Chairman Kessler explained that, as Chairman, he would be most comfortable operating with a Vice Chairman, to act in the absence of the Chairman or at the request of the Chairman Selectmen's Meeting November 29, 1976 MrsMiley pointed that itwasrequired to have her ed out not qu nomination seconded The Board of Selectmen voted 3-2 to elect Mrs Margery M Battin as Vice Chairman of the Board Mr Bailey and Mr Busa voted in opposition Santa Claus Chairman Kassler read a request from Mr A Pino, owner of Patriot T V , for permission to drive Santa Claus on an open trailer from the Battle Green to Patriot T V on Massachusetts Avenue on December 4 The Board recommended that Mr Pino approach the Chamber of Commerce with a proposal for all businesses to be involved rather than one firm Executive Upon motion duly made and seconded, it was voted, by a 5-0 roll call vote, to go into Executive Session for the purpose of discussing strategy with respect to collective bargaining After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 9 20 p m. A true record, Attest Executive Clerk, Selectmen r 267 INFORMATIONAL MEETING STREETS & SIDEWALKS November 30, 1976 An informational meeting was held by DPW/Engineering on Tuesday evening, November 30, 1976 at 7 30 p m in Cary Hall, Cary Memorial Building to discuss streets and sidwalks for possible acceptance by the Town In attendance were Mr William J Martin, Assistant Town Engineer; Mr Peter M. Chalpin, Sr Engineer and Traffic Engineer; and Mary B Winsor, Principal Clerk The meeting was called to order at 7 40 p m. by Mr Martin who explained that we were gathered there for the purpose of going over the layout and getting the opinions and feelings of all for the four streets that are up for construction, and for the reconstruction of Hancock Street, a Chapter 90 Street He also stated that we would take the construction streets in alphabetical order, then the Chapter 90 Street Oneresident asked about a temporary construction easement He wanted to know how long is was in effect, and if any damages occurred, would they be taken care of? Mr Martin explained that a temporary construction easement ex- pires one year after date of final construction and that the contrac- tor is responsible for any damages occurring on the job The first street to be heard was Banks Avenue: Description was read by Mr Chalpin, length 800' , layout width 40', roadway width 24', sidewalk to be on odd numbered side, there will be roundings, and approximately 15 trees to be removed Mr Paul Nichols of the Street and Sidwalk Design Advisory Committee asked if the loss of trees on Hancock Street were princi- pally related to the sidewalk construction, or did it also relate to the street construction? Mr Martin answered "both " Mr James Cochran of #10 Banks Avenue says he was the one who circulated the petition and that the residents DO NOT want sidewalks Mr Martin explained that sidwalks are included in the pre- liminary plan because it is very costly to go back and install them later if they are requested, which is usually what happens He also said that street betterments, on the side of the street that will have sidewalks, are an additional cost of $1 50 per front foot above the street betterment I 26S Informational Meeting Streets & Sidewalks November 30, 1976 Mr Potzka, #14 Banks Avenue also spoke in opposition of the sidwalks, stating that the street will be very narrow, the traffic is light, and said there is no need for sidewalks Mr Greeley, asked if the betterment rate is still the same as in past years? Mr Martin answered that the sidewalk rate has not changed in about 10 years, but that the street betterment rate has changed over the past three years and will still keep escalating No further questions Cushing Street Hearing opened - Description read by Mr Chalpin who explained that Cushing Street would be 410' in length, layout width to be 40' , roadway width 24' , sidewalks on the even numbered side with a cul-de- sac, and approximately 8 trees to be taken Mr Thomas Sullivan of #2 Cushing Street stated that they DO NOT want any sidewalks Mr Martin again explained that the sidwalks are included be- cause of the cost factor He also said that all this information is sent to the Board of Selectmen, and it is up to them to make the decision on whether or not the sidwalks will be included No further questions or comments Emerald Street Mr Peter Chalpin read the description - 540' in length, will have a 40' layout width, 24' roadway width, sidewalks will be on the odd numbered side of the street, roundings, and about 10 trees to be removed Mrs Marie Johnson, #16 Emerald Street asked how we decide on which side of the street the sidewalks will go? Mr Martin said that it was decided by the Planning Board, and that the point of view of the P W D is also taken into consideration Mr Chalpin said he took a ride up and looked it over No further questions Tower Road Description read by Mr Chalpin - 565' in length, 40' layout width, 24' roadway width, sidewalks on the even numbered side of street, roundings, and approximately 6 trees to be taken 26f) Informational Meeting Streets & Sidwalks November 30, 1976 Mrs Mary Macy of #35 Tower Road read petition in opposition of the acceptance of Tower Road, signed by 17 residents of Tower Road, Locust Avenue and Independence Avenue She presented this to Mr Chalpin A resident of Emerald Street asked if it helped at all to oppose the construction of these sidewalks Mr Martin told the audience that if they felt very strongly either in favor or opposition to write a brief letter to the Board of Selectmen and let them know their feelings He went on to say that we were going to take a hand vote in favor or opposition on the streets • and that this would in no way commit them to anything A handvote was taken on the following streets regarding the accep- tance of these streets as proposed Banks Avenue In Favor - 7 Opposed - 0 Cushing Street - (Unanimous) In Favor - 4 Opposed - 0 II Emerald Street In Favor - 6 Opposed - 0 Tower Road No Response Mr Martin stated that this concludes the construction streets, and said that we would now move on to Hancock Street, a Chapter 90 street which is up for reconstruction He also said that he believed most of the residents were there before and have heard the speel; going on to explain that Chapter 90 is a program funded in part by state and county funds and that this is the 4th year we are asking Town Meeting to appropriate funds for this project Mr Martin also said that the proposal has been reviewed and approved by the State for a 26' wide roadway, with granite curbing throughout, and went on to explain the reconstruction process Mr Herbert Eisenberg of #55 Hancock Street stated that some of the houses were very old and that if there was much vibration it could be a problem. 270 Informational Meeting Streets & Sidewalks November 30, 1976 Mr Greeley asked if sidwalks were included in the reconstruc- tion? Mr Martin said "yes" He also went on to say that Hancock Street was being designed by the Mass D P W and that they were being very particular with the profile, re puddles, etc One resident said there may be an existing sewer problem. Mr Chalpin said that this is generally looked into Mr Spencer, #32 Hancock Street asked if we had looked into the cost of underground utilities? Mr Chalpin said the Telephone Company, "yes", Boston Edison, "no" A resident asked if any poles were going to be moved? Mr Chalpin answered, "Most likely all - one way or another." Mr Martin suggested that when the reconstruction of Hancock Street becomes a reality, (after Town Meeting) they write a letter to the Board of Selectmen regarding the poles Another resident asked if we had any idea when construction would begin? Mr Martin answered probably around July, 1st but most likely around September, October or November One person asked what the time element would be Mr Chalpin answered two to three months A hand vote was taken for the reconstruction of Hancock Street as proposed In Favor - 9 Opposed - 3 Mr Martin asked, "In general, what were they opposed to?" One resident answered that she was leery of anything Mass D P W proposed Mr Edward Mann, representing the Lexington Masonic Associates said he would like to see no more "NO PARKING" signs No further questions Meeting adjourned at 8 45 p m Mary B Winsor Principal Clerk 271 SELECTMEN'S MEETING December 6, 1976 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, December 6, 1976, at 7 30 p.m Chairman Kassler, Mr Bailey, Mr Busa, Mrs Battin and Mrs Miley; Mr Perry, Acting Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present Chairman Kassler read a request from the Town Clerk regarding Voter voter registrations Registrations Upon motion duly made and seconded, it was voted to approve the request of the Town Clerk to eliminate voter registrations in pre- cincts prior to the 1977 Town Election; all registrations to be con- ducted in the Town Clerk's Office Chairman Kessler read a request for extension of hours on New Sheraton Year's Eve Lex Inn 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 the Innholder liquor license to 1 00 a m. on New Year's Eve Chairman Kessler read applications for renewal of licenses for 1977 1977 Licenses - Upon motion duly made and seconded, it was voted to sign the Innkeeper Innkeeper license for Lexington Chalet, Inc , 440 Bedford Street Upon motion duly made and seconded, it was voted to sign the Comm. Vict Common Victualler license for Baskin-Robbins Store #1723, 1729 Mass Avenue The Board agreed to defer action on the application of Entertainment LeBellecour Restaurant for an Entertainment license pending further clarification of the request Chairman Kessler read two requests to insert Articles in the Warrant Warrant Articles The Board agreed to insert the Article requested by the TMMA Executive Board to amend the General By-Laws Article 5, s 23 (15 minutes rather than 30 minutes on debate on Town Meeting motion) The Board agreed to refer to the Acting Town Manager the request from the Westview Development Committee for an Article to establish a Remembrance Fund to permit acceptance of gifts or bequests for the beautification of any Lexington Cemetery Chairman Kessler read a recommendation from Mr McSweeney, Waltham St Director of Public Works/Engineering, regarding an award of damages Blossomcrest Upon motion duly made and seconded, it was voted to approve the Rd Sewer recommendation of the Director of Public Works/Engineering of an Easement 272 Selectmen's Meeting December 6, 1976 award of no damages on the taking of the Waltham Street-Blossomcrest Road sewer easement Wood St Chairman Kassler read a report from Mr McSweeney, Director of Sidewalk Public Works/Engineering, in response to a petitionsubmitted by Petition Elizabeth Gillis, 6 Conestoga Road and residents of the area, for a sidewalk on Wood Street from Holton Road to Bates Road, because of the hazards caused by excessive speeding The report stated that the dead- line for receipt of a formal petition had passed but the Engineering Department will forward a formal petition to Mrs Gillis in the spring and, if it is returned, consideration will be given to inclusion in the FY 79 budget process Mrs Miley mentioned that she had advised Mrs Gillis to re- submit the petition even though a similar one had been sent several years ago without positive action being taken by the Selectmen Mrs Gillis had pointed out that conditions had changed in the area be- cause of more homes and in increase in traffic The Board agreed to accept Mr McSweeney's recommendation; also, to request the Police Department to investigate traffic conditions in the Wood Street area and, if necessary, to enforce the posted speed limits Senior Chairman Kassler read a report from Mr McSweeney, Director of Citizens Park Public Works/Engineering, regarding a request from members of the Benches Greeley Village Club for park benches at Greeley Village, Vynebrooke Village, and at the intersection of Tewksbury Street and Bedford Street Mr McSweeney recommended the installation of eight benches in four locations at Greeley Village and one bench at Vynebrooke Village He did not recommend the installation of a bench at Tewksbury Street and Bedford Street due to safety reasons and the possibility of excessive vandalism The total cost of the benches was estimated at $600, and they would be installed by Town DPW forces Upon motion duly made and seconded, it was voted to request the Trustees of Public Trusts for approval of an expenditure of $600 for nine park benches to be installed for the convenience of senior citizens No Lexington Chairman Kassler read a report from Mr McSweeney, Chairman of Assoc - the Traffic Safety Committee, stating that a meeting had been held on Traf Comm November 4 with the North Lexington Association to discuss items re- lating to traffic in the area, with the following results To paint a center line on Grove Street and Eldred Street; to paint crosswalkk. on Eldred Street at Bedford, Ivan, Hadley, and Grove Streets; cross- walks on Grove Street at the Estabrook School, Dewey, and Gould Road; to have a volunteer at other streets which join into Grove Street; to request approval of Mass D P W for Stop sign on Eldred Street at Grove Street It was also agreed that safety education in schools 27:3. Selectmen's Meeting December 6, 1976 was important and there p e e should be a joint effort by the Police Depart- ment and the School Department The North Lexington Association was informed that their recommendation to use 6th graders as Crossing Guards lies beyond the realm of responsibility of the Traffic Committee and, therefore, it was suggested that NLA contact both the Police and School Departments to discuss the matter After discussion, the Board agreed that the joint meeting with the North Lexington Association had proved to be most productive Acting Town Manager Perry read a report from the Police Depart- Police ment regarding the number of vehicles towed during October and Novem- Towing ber October November B & R Towing 17 33 Bob's Towing 34 20 Mal's Towing 14 17 Acting Town Manager Perry recommended that, again this year, the Post Office first two officials' parking spaces in the Town Office driveway be Xmas Parking posted for 15 minutes for the use of Post Office patrons during the month of December The Board discussed Mrs Miley's recommendation that the Planning Board take another look at the parking situation as a study had been conducted but never finalized Upon motion duly made and seconded, it was voted that the first two spaces in the Town Office driveway be posted for 15 minute park- ing for Post Office patrons during the month of December Upon motion duly made and seconded, it was voted to request the Planning Bd - Planning Board for an updated recommendation on parking in the area Parking of the Town Office Building and Lexington Center In response to Mr Bailey's question about problems with the Traffic traffic signals at the Minuteman Regional School, Mr McSweeney ex- Signals- plained that, despite the admonitions of the Traffic Safety Committee, Minuteman the State D P W approved the installation and then realized the School hazardous traffic situation in that area At the request of Chief Corr and Mr McSweeney, the lights were put on flashing because the signals were not operating properly Upon motion duly made and seconded, it was voted, 5-0 by roll Executive call vote, to go into Executive Session for the purpose of discussing Session strategy with respect to possible litigation After discussion in Executive Session, it was voted to resume the open meeting at 8 32 p m Mr Louis Zehner, Town Treasurer, informed the Board that he Town had received bids on borrowing $407,000 to purchase five parcels of Treasurer land approved by the 1976 Annual Town Meeting Article 44-West Farm 27 4 Selectmen's Meeting December 6, 1976 at $28,800; Article 47-Ricci land at $93,750; Article 47-Ricci land at $93,750; Article 48-Chiesa at $69,750; Article 58-Cambridge Farms at $16,000 Bids at 2 39% were received from New England Merchants Bank, County Bank, and a joint bid from Newton/Waltham Banks; 2 26% from the Harvard Trust Company, and it is recommended to award to the highest bidder Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Treasurer to borrow $407,000 from the Harvard Trust Company at 2 26% to purchase five parcels of land approved by the 1976 Annual Town Meeting under the appropriations for Article 44, 47, 48, 49, and 58; note to be dated December 14, 1976 and mature on May 3, 1977 The Appropriation Committee and the Capital Expenditures Com- mittee met with the Board for a preliminary presentation of the D P W Capital budget by Mr John McSweeney, Director of Public Works/Engi- neering, and Mr Jerry Martin, Assistant Town Engineer Being in a preliminary stage at this point in time, it was agreed to future dis- cussions regarding possible deletions in several areas Upon motion duly made and seconded, it was voted to adjourn at 10 15 p.m A true record, Attest. Executive Clerk, Selectmen / clIJ SELECTMEN'S MEETING December 13, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, December 13, 1976 at 7 30 p.m Chairman Kassler, Mr Bailey, Mr Busa, Mrs Battin, Mrs Miley; Mr Perry, Acting Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Execu- tive Clerk, were present The Board discussed the report of the Drug Advisory Subcommittee Youth and the Youth Advisory SubcOthmittee had met last week and it was the Director concensus to support the need for a Youth Director, to be under the direction of the Town Manager with the approval of the Board of Select- men The Youth Director would be hired and retained by the Town (1) to coordinate and integrate all activities relating to youth, (2) to carry the responsibility for purchasing- services from community groups and organizations as needed and appropriate He would evaluate all work done under these contracts, recommending to the Selectmen the modification or expansion of programs and services; would seek federal and state funding; provide information and referral The salary could be in the $17,000 range Mr Busa was opposed until such time as he had answers as to how many youth would be served by a Youth Director, and to whom he would be responsible. Mr Bailey felt that if it were a highly focused campaign for troubled youth it might pass but the final forum would be at Town Meeting So far, he had not heard why all youth in Lexington would need a Director. Mr Sumner Perlman, Subcommittee Chairman, agreed that while there is a problem in troubled youth and probation areas, there are problems of many other young people that are not being addressed, not being acted upon, and may never be unless someone is responsible for focusing on the problems and needs of all young people The best description of a Youth Director is that he would be an ombudsman for all youth Mrs Miley said that from listening to the different groups represented in the report and mentioned this evening, we are looking for a coordinator Eventually, volunteers fade out The role would be to serve all youth in Town by organizing all the services together and for one person to bring together all youth Chairman Kassler explained that, at this point, the most the Selectmen would do would be to endorse the concept, which the new Town Manager may want to develop We will ask Mr Perry to work with Mr Hutchinson to discuss it with Mr Hutchinson for his recommenda- tions to us Mr Perry agreed The Board discussed the recommendation for a By-Law Youth Ad- By-Law visory Council Youth Comm 276 Selectmen' s Meeting December 13, 1976 Mr Bailey had questions and also stated that the proponents should be prepared to address the matter at Town Meeting Mr Busa agreed and said that anything in the By-Laws is diffi- cult to get out In five years, you might not need a Youth Committee Chairman Kassler agreed but pointed out that some people feel that it should be set up Mrs Miley said that the people who are proposing it are trying to say that we need a consolidation and a By-Law Committee would be a way to do it Now, we have two or three committees of the Select- men that are overlapping It would be a commission with some young adults assisted by young students - a group which changes Mrs Battin said that, after a lot of thought, it was a decision to have it as a By-Law Committee, as those of us who were on the ad hoc committee to establish a Youth Commission a few years ago felt that a By-Law Committee should be established to give it official status, stability and visibility Town Meeting would clearly assign to a By-Law Committee the responsibility for focusing on the problems of all youth Mr Busa disagreed and said that he was a member of the ad hoc committee and it was not a suggestion then Chairman Kassler recommended that a space be reserved on the Warrant for an Article to establish a By-Law Committee, and he added that it could be debated at Town Meeting The Board agreed Outreach The Board discussed the recommendation for an Outreach Worker Worker and it was agreed to support and refer to the new Town Manager, Mr Hutchinson, for inclusion in the budget if he concurs Mr Perry, Acting Town Manager, requested approval of making an application for federal assistance for an Employee Relations Train- ing Program Upon motion duly made and seconded, it was voted to authorize Mr Perry to complete the application for federal assistance for an Employee Relations Training Program Senior Mr Perry informed the Board that he had received a telephone Citizens call from Mr George Morey, Chairman of the Trustees of Public Benches Trusts, granting approval of the Selectmen's request for $600 00 for the installation of park benches for senior citizens The Board agreed to ask Mr McSweeney to forward the bill to the Trustees of Public Trusts, who will pay it from the Beales Fund Chiesa Mr Cohen requested the Board to sign the Order of Taking of Land Taking the Chiesa land for conservation purposes Upon motion duly made and seconded, it was voted to sign the Order of Taking of the land owned by John D Chiesa, Jr as shown as Lot 108 on Assessors' Map 63, as authorized under Article 49 of the 1976 Annual Town Meeting 277 Selectmen's Meeting December 13, 1976 Mr Cohen requested the Board to sign the Order of Taking on Waltham & Waltham Street-Blossomcrest Road Blossomcrest Upon motion duly made and seconded, it was voted to sign the Road - Sewer Order of Taking for sewer easement on Waltham Street-Blossomcrest Easement Road, with an award of no damages Chairman Kassler read a petition from the Boston Edison Company Poles - and the New England Telephone Company for joint ownership of four- Nickerson teen existing poles on Nickerson Road and two poles on Carmel Circle Road A report from Mr McSweeney, Director of Public Works/Engineering, stated that after review of the locations, it is recommended that approval be granted to jointly own the poles Mr Pinault, representing the Telephone Company, explained to the Board that the Telephone Company wishes to buy in on the use of the poles We have a buried cable in Nickerson Road which was installed in 1968; unfortunately, it has had about 70 breaks and is full of water; we are constantly opening up the street to repair it, and, on occasion, we have had to go in and dig and replace the pedestal Ours is not an unusual request and we would like to buy in on the poles Mr Bailey asked if this cable is in conduit? Mr Pinault replied that it is not; if it were, they would be able to pull it in and repair it In 1968, it was the ideal type to use but they have since learned that conduit is the best Mr David Kocher, 4 Nickerson Road, said that every resident of the street would agree that there has been a real history of very bad problems with service They sympathize with the Telephone Company but it would be a degradation of the street because of the wires It is their desire that underground cable be retained After discussion, the Board requested Mr Pinault to come back with the cost differential between the installation of underground and aerial cable Upon motion duly made and seconded, it was voted to table the petition for joint ownership of 14 poles on Nickerson Road and two poles on Carmel Circle, pending a report from the Telephone Company on cost estimates Chairman Kassler read a petition from the Boston Edison Company J/O Poles and the New England Telephone Company for approval of joint ownership Heritage of twelve existing poles on Heritage Drive, presently solely owned Drive by Boston Edison Company A report from Mr McSweeney, Director of Public Works/Engineering, stated that after review of the location, it is recommended that approval be granted to jointly own the poles Mr Pinault, representing the Telephone Company explained that the telephone wires are already on the poles and they are requesting permission for joint ownership. 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 joint ownership of poles in the following location 278 Selectmen's Meeting December 13, 1976 Heritage Drive, on the northerly side, approximately 25_ feet east of Volunteer Way, twelve poles (existing) 1977 Common Chairman Kassler read applications for 1977 licenses Victuallers Mr Bailey questioned the application from the Lexington House of Pizza as it was originally licensed as McManus Ice Cream, then became a restaurant known as Sutton Place, and now is to be a pizza place Chairman Kassler said that this particular location had been granted a license before he became a Board member The Board agreed to grant the license as the location had been licensed as a restaurant before the restaurant By-Law change was put into effect Upon motion duly made and seconded, it was voted to grant the following Common Victualler licenses The Lexington House of Pizza, 399 Lowell Street, hours of operation of 10 00 a m to 11 00 p m seven days a week, expiring December 31, 1976, and to sign the renewal license expiring December 31, 1977 Alexander's Pizza, 180 Bedford Street, hours of operation of 10 00 a m. to 11 00 p m. seven days a week, expiring December 31, 1977 (renewal) Bellino's Bakery, Inc , 141 Massachusetts Avenue, hours of operation 6 00 a m. to 6 00 p m. - Monday through Saturday; 6 00 a m to 2 00 p.m. Sunday, expiring December 31, 1977 (renewal) 1st Class Upon motion duly made and seconded, it was voted to grant the Auto Eng First Class Agent's license for Auto Engineering, Inc , 436 Marrett Road (renewal) Common Upon motion duly made and seconded, it was voted to grant the Carrier Common Carrier license for Bedford Local Transit, 15 Great Road, Bedford Bedford, (renewal) for the transportation of passengers for hire Transit over the following ways and streets in Lexington Bedford Street (Route 4) to Hartwell Avenue; Hartwell Avenue from Bedford Street (Route 4) to Wood Street; Maguire Road from the Bedford Line to Hartwell Avenue No stops on Town of Lexington ways Entertainment The Board discussed the application from LeBellecour for an LeBellecour entertainment license for a string quartet on Tuesday and Friday evenings each week during dinner, and agreed to approve as the quartet would entertain during the dinner hours only 279 Selectmen's Meeting December 13, 1976 Upon motion dulymade d a e and seconded, it was voted to grant the entertainment license for a string quartet to perform at LeBellecour, 10-12 Muzzey Street, during dinner hours Upon motion duly made and seconded, it was voted to grant the 1-Day Liquor request of W R. Grace Co for One-Day Special Liquor License for Christmas parties on December 13 and December 21, 1976 to 12 00 Midnight Chairman Kessler read a request from Mr Kenneth Briggs, Planning Colonial Director, for approval of reimbursement to Colonial Development Corp- Development oration. Reimbursement Upon motion duly made and seconded, it was voted to approve the reimbursement of $4,000 to Colonial Development Corporation, as approved under Article 37 of the 1976 Annual Town Meeting The Board discussed the intent to lay out subdivision streets Intent to Upon motion duly made and seconded, it was voted the intent to Lay Out lay out the following subdivision streets, as submitted by the Planning Board SUBDIVISION STREETS FOR ACCEPTANCE Subdivision Streets Brent Road - From Hathaway Road a distance of 650 feet, more or less to Emerson Road Emerson Road - From a point easterly 990 feet, more or less, from the end of Suzanne Road, and westerly to the end of that section of Emerson Road Suzanne Road - From Emerson Road a distance of 250 feet, more or less to Mill Broad Road Lois Lane - From Bedford Street a distance of 950 feet, more or less, to end The Board discussed the list of construction streets submitted Construction by the Director of Public Works/Engineering Banks Avenue, Cushing Streets Street, Emerald Street, and Tower Road Mr Bailey questioned the inclusion of Tower Road as many abutters have indicated their objections in the past The Board agreed to delete Tower Road from the list Upon motion duly made and seconded, it was voted the intent to lay out the following construction streets CONSTRUCTION STREETS FOR ACCEPTANCE Banks Avenue - From Carville Avenue a distance of 800 feet, more or less, to Chase Avenue 28() Selectmen's Meeting December 13, 1976 Cushing Street - From Sullivan Street a distance of 410 feet, more or less, to the end Emerald Street - From Asbury Street a distance of 540 feet, more or less, to Bellflower Street Discontinuance Upon motion duly made and seconded, it was voted the intent to dis- of Streets continue the following streets NOTICE OF INTENTION TO DISCONTINUE Hinchey Road - As a Public Way 300 feet, more or less, from Hartwell Avenue easterly to end Wood Street - As a Public Way 1000 feet, more or less, from Station 0+00, the Lexington Bedford Town Line to Station 10+00 Articles- Chairman Kessler asked Mr McSweeney if the Planning Board had Re-Name responded to the request for a recommendation on renaming portions Emerson/ of Emerson Road and Worthen Road Worthen Mr McSweeney replied that the Planning Board is preparing Roads Articles for the street names to be changed Options- Chairman Kessler read a request from the Conservation Commission West Farm to exercise the options on West Farm - two parcels on Oak Street; & Cambridge Cambridge Farms Farm Upon motion duly made and seconded, it was voted to exercise the option to purchase two parcels of West Farm land located on Oak Street, in the amount of $28,200 , as authorized under Article 44 of the 1976 Annual Town Meeting Upon motion duly made and seconded, it was voted to exercise the option to purchase the land owned by Cambridge Farms Realty Trust, located in the upper Vine Brook area, in the amount of $16,000, as authorized under Article 58 of the 1976 Annual Town Meeting Ong, Ong Chairman Kessler read a request from Mr Robin Ong of Ong, Ong Yangtze River Inc for an extension of hours of operation for the Yangtze River Restaurant Restaurant to 12 00 Midnight seven days a week (currently operating to 11 00 p.m ) Mr Bailey stressed that food must be served in conjunction with liquor and not have just the bar open Upon motion duly made and seconded, it was voted to grant an ex- tension of hours at Yangtze River Restaurant until 1 00 a m. on Christmas Eve and New Year's Eve Community The Board discussed appointments to the Community Relations Committee Relations and Mrs Miley moved the appointment of David Wilson, Bernard Harleston, Committee Sheila Busa, Sandra Shaw, David Cooper, Rosanne L Perez, Richard Sullivan, Roselyn Krensky, Elizabeth Keddy, and Alfred Murray 281 Selectmen's Meeting December 13, 1976 i m Cha r an Kessler stated that he no longer wished to continue as a member and Chairman of CRC He informed the Board that he had talked with Chief Corr, who suggested Patrolman Thomas Raboin as a nominee Mr Bailey expressed an opinion against the elimination of some current members, but conceded that he would vote for the nominees, as presented, despite the fact that he did not know four of them Also, he felt that the Community Relations Committee must have solid backing from the Board as their task is tremendous Mr Busa voiced dissatisfaction with two nominees and with what he felt was a new method of appointments Mrs Battin supported the list of nominees as presented, and seconded Mrs Miley's motion Upon motion duly made and seconded, it was voted 4-0 to appoint the following as members of the Community Relations Committee Mr Busa abstained David Wilson Rosanne L. Perez Bernard Harleston Richard Sullivan Sheila Busa Roselyn Krensky Sandra Shaw Elizabeth Keddy David Cooper Alfred Murray Thomas Raboin Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meetings held on October 25 and November 22, 1976 Chairman Kessler read a request from the Traffic Safety Committee Traffic to amend Traffic Rules and Orders for the installation of Stop Sign Stop Sign on Eldred Street Northeastbound at Grove Street Upon motion duly made and seconded, it was voted to amend the Traffic Rules and Order of the Town of Lexington by adding to Article VIII, Section 12, Schedule #7, the following STREET LOCATION REGULATION Eldred Street Northeastbound at Grove Street Stop The Board agreed to request approval of the Massachusetts Depart- ment of Public Works for the installation of the Stop Sign Chairman Kessler read a request from Ms Sandi Peaslee, Director Permit of Lexington High School Concert Choir, for permission for caroling on December 18 and December 21, from 2 30 to 4 00 p.m , from Lexing- ton Center to the Stop & Shop, and to solicit donations to help defray expense for a concert choir exchange program Upon motion duly made and seconded, it was voted to grant permission to the Lexington High School Concert Choir for caroling on December 18 and December 21, 1976, and soliciting donations enroute 282 Selectmen's Meeting December 13, 1976 Executive Upon motion duly made and seconded, it voted, 4-0 by roll call Session vote, to go into Executive Session for the purpose of discussing strategy with respect to litigation, and not to resume the open meeting A true record, Attest. Executive Clerk, Selectme IISELECTMEN'S MEETING December 20, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, December 20, 1976 at 7 30 p.m. Chairman Kassler, Mr Bailey, Mr Busa, Mrs Battin and Mrs Miley; Mr Perry, Acting Town Manager; Mr Cohen, Town Counsel; Mr Martin, Acting Town Engineer; Mrs McCurdy, Executive Clerk, were present Mr Perry updated the Board on the energy savings program Xenegy, Energy Inc , of Lexington is interested in submitting a proposal and their rep- Savings resentatives have already made an on-site analysis of the buildings Program Mr Coscia, DPW Manager, Mr Sweet, Buildings Superintendent, and Mr Maclnnes and Mr Casey of the School Department attended a meeting con- ducted by the Department of Community Affairs regarding recommended procedures to be followed in municipal buildings We have already re- duced thermostats and the heat will be cut down earlier in the day, and we have cut down on lighting The Recreation Committee, Appropriation Committee, Capital Ex- Recreation penditures Committee, and members of the Planning Board met with the Committee Selectmen to discuss the Summary of the Master Plan for Recreation and, also, Recreation Articles Chairman Kassler expressed appreciation for the work involved in the culmination of recreation plans for the Town It was his personal feeling that the next big push in Lexington should be on recreation Mrs Miley agreed and congratulated Lynn Hamilton on the excellent job of coordinating the plan Chairman Kassler asked for a motion to accept the plan as guide- lines for the Town Mr Busa moved to accept the recommendations set forth in the recreation plan, to be used as guidelines in the implementa- tion of the plan Mrs Battin added that the plan be accepted in the order of priorities and the timetable of implementation, and she seconded the motion Mr Bailey said that he had no objection to accepting the summary, as presented but, before he endorsed the entire program, he wanted to see a tabulation of dollar signs on the cost per project per year Chairman Kassler said that, at this time, Recreation can only give estimated costs, and final approval would be given by Town Meeting The Board of Selectmen is only approving the concept and, as the plan is developed, there could be changes and shifts in priorities Mr Daniel Busa, Chairman of the Recreation Committee, said that allquestions will be answered Asa group, theyhad tried to present the best details and to go forward in the order of priorities He praised Lynn Hamilton for her services and asked her to present the plan Ms Hamilton discussed the summary and said that the plan cost the Town $10,000 and represented one and one-half years of work; it will II/ need annual support if it is to be implemented We sent out a question- 284 Selectmen's Meeting December 20, 1976 naire to see if the Townspeople were interested in a program, and they are We received a 56 percent overall response and we have a sample of 15 percent of the households in Lexington The survey asked resi- dents how much they would support and how much more per year; people said between 50 and 54 cents more on the tax rate, and this translates to an average number of $136,000 The plan proposes an operating bud- get of $110,000 and capital expenditures of $125,000; total of $235,000 a year This is what Recreation is thinking in terms of im- plementation, with a five year plan of $1,175,000 Swimming Pool Mr Dhimos, Recreation Committee, discussed the swimming pool and playfields He said that the swimming pool is enjoyed by a vast major- ity of residents but the facilities are inadequate and cannot handle the demand Having been told by the community that the swimming com-' plex is the No 1 priority, Recreation is going to place it as the top priority item at Town Meeting, and will pursue the building of the com- plex, hopefully, at the existing site The Permanent Building Commit- tee has the responsibility for interviewing architectural firms and the feasibility study Playfields Mr Dhimos pointed out that playfields are No 7 on their priority list as the survey indicated that people didn't want additional ones Recreation will have an Article as existing playfields need upgrading Tennis Courts Mrs Judy Uhrig, Recreation Committee, discussed tennis courts and said that 51 percent of households presently use the facilities a minimum of six new courts are needed, and the master plan suggests four additional courts at Diamond Junior High Community Mrs Uhrig said that 47 percent of those surveyed favored a com- Center munity center and the rest a teenage center The plan proposes to use school building and mini-bus transportation Obviously we have no building and, for the first year, allocation costs will not be con- sidered Personally, we are going to need all the support and goodwill we can get on the community center, and we will need competent and enthusiastic staff support Trails Mrs Alice Hinkle, Recreation Committee, said that trails are the No 3 priority, according to the questionnaire There was strong support of continued acquisition of Conservation land We want to let people know where the land is and have them marked so they can safely Bike Paths walk the trails Regarding bike paths, one-half of the total popula- tion rides bikes and we should have two systems in the Town to link the schools and open space 43 or 44 percent of the survey indicated that they should be a stone dust or paved, but people write in that no money should be spent if they are not paved Reimbursement funds could be obtained only if they are paved Dr Clarke, Chairman of the Planning Board, said that the Planning Board was happy to participate and would point out that, basically, this is an in-house report, with the exception of the consultant Ms Hamilton and the Recreation Committee agreed to come back to the Board with a breakdown of costs and priorities of the Recreation 5-year Capital Budget projects Selectmen's Meeting December 20, 1976 Mr Bailey commented that the presentation was a good beginning, and Recreation should agree pn how they want to go and the order in which they should get there Unfortunately, this is only about 1 per- cent of the fight as everyone is aware of the budget problems of the last six months and Recreation has to present a united front for the dollars Upon motion duly made and seconded, it was unanimously voted to accept the recommendations set forth in the recreation plan in the order of priorities and timetable, to be used as guidelines in the implementation of the plan The Recreation Committee and the Planning Board retired from the meeting The Appropriation Committee and the Capital Expenditures Commit- Sewer Policy tee were still in the meeting while the Board discussed the estab- lishment of a policy for sewering the Town Chairman Kassler said that it is appropriate to discuss it at this time because we have budgets before us We are continually having questions asked about sewering one or two houses in the area and we should state exactly what our sewer policy is Engineering has been working on an average, reasonable figure Mr Martin explained that Engineering has listed all the un- ' sewered streets and each was given a priority category on a descend- ing scale from A through D Category A - Immediate or forseeable need for municipal sewer; densely populated under present zoning; replace- ment of septic tanks or leaching beds not feasible under current regulations or soil condition; Category B - No immediate need for sewer but should be included in the program for 100% sewerage; streets contain a mixture of buildings and vacant lots; expansion or replacement of existing septic systems possible; Category C - No immediate or forseeable need for municipal sewer; streets contain mostly vacant land with dwellings widely spaced; expansion or replacement of existing septic systems may be more cost effective than in- stallation of municipal sewer; Category D - Major change in current Town policy would be re- quired before sewer could be installed; economically unjustifiable at this time Mr Martin agreed to come back to the Board with a draft of a policy to be followed concerning requests for sewer and water exten- sions _ 286 Selectmen's Meeting December 20, 1976 Sanitary Mr Frank Sandy, Chairman, and members of the Sanitary Landfill Landfill Advisory Committee met with the Board, to present the first report of Advisory the committee which was charged with reviewing current conditions at Committee the sanitary landfill, the history of the relationship with the State regarding landfill operations, and the studies of wetland and land- fill operations undertaken over the past five years Chairman Kessler congratulated the committee for submitting a report which was unanimously endorsed by all concerned groups in Town - Engineering, Planning Board, and citizen members of the committee It is our sincere hope to begin implementation of the recommendations presented, and Mr McSweeney agrees to start as soon as he receives approval of the Board The following recommendations were discussed for implementation under Phase I 1 Improve drainage from the dike parallel to Route 128 to Kiln Brook in accordance with plans presented by the Town to the Conservation Commission in October, 1976 Chairman Kassler commented that this has been taken care of 2 Develop and implement a water quality monitoring system basically as proposed by the C E Maguire Study of 1973, but with modifica- tions in the location of test sites Mr Martin said that we are in the process now of soliciting pro- posals just to provide expertise and advice as to what parameters we should be monitoring Collection and testing of data will be done in-house, in conjunction with the Board of Health, insofar as it is possible, but some testing will be done in an outside lab so that we may have certified results 3 Cover and grade the landfill as proposed by C E Maguire Mr Martin said that the landfill was graded so that surface water would run off, and that subsoil was dry We feel that we have done a good job in keeping the water out of the landfill Also, we will try to continue to improve our operation in this area 4 Install vents and/or burners for the dissipation of methane gas Mr Martin explained that a vent is a piece of corrugated pipe installed in a bed of crushed stone to allow (trapped) methane gas to flow through the atmosphere We have vents at Lincoln Street and, basically, they are catch basins sticking up through the soil We have done spot tests and there is still quite a bit of methane there, but vents will be installed through the cover 287 Selectmen's Meeting December 20, 1976 Chairman a rman Kassler asked if these would require an unusual expen- diture of funds and would have to come to Town Meeting? Mr Martin replied that all items under Phase I would not re- quire additional expenditures It is the feeling that they can con- tinue to operate on Phase I with a small amount of money, less than $5,000 for ongoing monitoring, and to have simple tests, which might not be what the state wants but would indicate to us what is happen- ing to leachate and where it is going If we find a problem, we can scale back In response to Mr Bailey's question if the money pro- vided in the operating budget for the sanitary landfill is sufficient to cover Phase I, Mr Martin replied that it is Mr Sandy commented that the main reason why these improvements are not going to cost money is that most of them were made over the past years He pointed out that the problem for many years was caused by the first layers of trash being placed in wet areas, and that stopped when we moved up There is still going to be leachate coming out but there is not much to eliminating that - and we can By closing the landfill, it doesn't get rid of the problem created many years ago Mrs Miley recommended that the landfill regulations be changed 1 Contractors should not be allowed to remove a roof from 111 a house and bring it to the landfill (Most contractors have to use a particular facility to deposit their material ) 2 Regulations should be tightened on who uses the landfill and how much is paid for a permit Mr Bailey disagreed and said that contractors can only put in that type of material that is generated in Lexington, and it would only be imposing a burden on Lexington residents as contractors will charge a higher fee to tote it away Mr Busa agreed Mrs Miley stated that she didn't feel that all Lexington residents must pay for a roof to be replaced as it should be up to the owner to absorb it She felt that it is the responsibility of one person - and that is the way it is done other places Mr Martin explained that Mr McSweeney and Mr Empey are in the process of evaluating the regulations, and recommendations will be submitted shortly Mr Perry agreed to request Mr McSweeney to give the information to the Board as soon as the recommended amendments to the landfill regulations are completed Item #5 under Phase I Recommendations was discussed There should be no further lateral expansion of the landfill into adjacent wetlands Mr Busa said that we do have some land that some of us consider not wetland Chairman Kessler informed all that Conservation is the agency to determine whether the land is wet, and that is something that Mr 288 Selectmen's Meeting December 20, 1976 McSweeney felt that the Engineering Department could live with com- fortably Upon motion duly made and seconded, it was unanimously voted to accept the report of the Sanitary Landfill Advisory Committee and to implement the recommendations set forth in Steps 1 through 5 under Phase I; with the understanding that Steps 6 and 7 under Phase II are to be carried out at a later date 6 Withdraw Wetland Protection application No 201-16 If necessary, file a new application not calling for lateral expansion (which is no longer contemplated) 7 Notify the appropriate State agencies of the aggressive actions being taken by the Town to improve the landfill operation and its environmental impact, over the short term, pending a long term solution to the solid waste disposal problem This long term solution is being vigorously pursued by a separate committee SANITARY LANDFILL ADVISORY COMMITTEE This is the first report of your special committee charged with reviewing sanitary landfill operations Committee participants were Sue Solomon of the Conservation Commission, William J Martin, Assis- tant Town Engineer, Paul MacKenzie of the Planning Board and Frank Sandy Three meetings have been held so far At one or more of them we were joined by John J McSweeney, Director of Public Works/Engi- neering, Mary Miley, Board of Selectmen, Warren Empey, Manager of Operations, Kenneth G Briggs, Planning Director and Richard M. Perry, Acting Town Manager, as well as Dick Rogers of the Design Advisory Committee and Edward Boiteau of Sasaki Associates Mr Boiteau is a former Chairman of the Board of Health in Bellingham. During the course of these meetings, the committee has reviewed the current conditions of the landfill, the history of the relation- ship with the State regarding landfill operations and the studies of wetland and landfill operations undertaken over the past five years With this background and the advice received from the Design Advisory Committee, we offer the following discussion of the current situation and recommendations for improving it The surface and ground water emanating from the landfill contri- bute to the drinking water supplies of the Towns of Bedford and Burling- ton The landfill should therefore be operated in a manner designed to minimize the pollution of these waters The polluted effluent of landfills is generally referred to as leachate It consists of water that has passed through the solid waste and carried off dissolved or suspended materials These include partial decomposition products of the trash (which use up the oxygen in water as they continue to decompose) , various metals, and other 281) Selectmen's Meeting December 20, 1976 chemicals that may be found in the landfill Reduction of the flow of water through the trash is the most generally used method to con- trol leachate Leachate flow from the landfill can be either downward into deep- er levels of groundwater, laterally through the ground near the sur- face until it eventually ins intercepted by Kiln Brook, or outward from the side of the landfill, into the surface water and eventually also into Kiln Brook Studies of subsoil conditions made for the Town by C E Maguire, Inc , indicate that the soil under the landfill includes a low perme- ability layer of silt and clay In their opinion, this makes pollu- tion of the deeper layers of ground water by the landfill unlikely We have no reason to doubt this conclusion The primary area of our concern therefore has been the pollution of surface and ground waters flowing into Kiln Brook The water flowing through the solid waste arises from three sources 1) water in the trash when it was deposited and water from the decomposition of the trash; 2) ground water flowing into the land- fill site from upstream areas (including route 128 runoff) ; and 3) rainfall landing on the landfill The water from wet trash and decomposition is negligible and can be absorbed by the Crier trash and surrounding soil Presently accepted practices for landfill construction would not allow groundwater to enter the trash Landfills are no longer allowed in wetlands except in extreme conditions and then the land must first be filled with clean fill so that the lowest levels of trash are four feet above the normal annual high water level These practices were not generally applied at the time the Hartwell Avenue landfill was started and much trash is below the water table The trash which is below the watertable is probably a major source of leachate generated by the landfill It must be emphasied however that the Town has not been depositing trash near or below the watertable for many years It is the recommendation of this committee that the Town abandon plans to expand the landfill laterally into adjacent wetlands However, the trash that is already below the watertable will remain there until it decomposes There is no practical way of removing it An immediate closing of the landfill would not remove this trash nor prevent it from generating further leachate It is therefore the opinion of this committee that there is no environmental reason to close the landfill at this time as long as future operations of the landfill comply with existing regulations Use of the present site with continued expansion upward should con- tinue until the Town is participating in a functioning, economically and technically sound regional waste disposal district based on re- cycling and/or resource recovery Involvement of the Town with such a district is the function of another committee recently appointed by the Selectmen Although the mass of polluted groundwater at the bottom of the 290 Selectmen's Meeting December 20, 1976 trash cannot be eliminated, methods of reducing ground water flow un- der the landfill should be employed whenever possible The most im- portant of these being the construction of the drainage channel along route 128 so that runoff from the highway can flow directly to Kiln Brook At present it is impounded between the road and the landfill Much of it soaks into the ground and flows under the landfill towards the brook The most important operational changes that the Town can make to reduce leachate involves the water entering the trash layers from rainfall Not only does the rainfall contribute to the water which generates leachate, but it also flushes out the highly contaminated groundwater discussed previously Whilewe can no longer prevent the contamination of the ground water under the landfill due to the trash already in it, every effort should be made to keep it within the confines of the landfill The regulations of the Dept of E Q.E (formerly D P H ) and the Maguire report describe the generally accepted methods for keeping rainfall from percolating through to the decomposing trash layers These include covering the trash with an impermeable layer of clay within 30 days of depositing trash This impermeable layer is in addition to the daily sand cover and the final topsoil layer In addition and of equal importance, this impermeable intermediate cover layer must be graded to cause the water to run off it freely It must also be steep enough so that pockets will not form even after trash settles Maguire recommends a grade of at least 20 A Navy Civil Engineering Laboratory report on landfills, which the Select- men received from Julian Bussgang, recommends a grade of 30 to 40 If water pockets form, even a relatively impermeable clay will allow water to penetrate into the trash layers The grading must also be such that the water runs off the landfill and not into the currently active dumping area or other poorly graded areas of the landfill Getting nearly all of the rainfall off the landfill surface before it penetrates into the trash layers is the primary goal After com- pletion of the landfill, a final cover of topsoil that will support vegetation is added This layer will absorb rainfall but the impermeable layer below it will not allow percolation into the trash. The water that the top soil cannot absorb will run off Once the impervious layer is in place, provisions must be made for venting the methane gas generated by the decomposition of the trash. This must be done in a manner that does not provide inlets for water to drain into A program to monitor water quality near the landfill should be undertaken An outline of such a program is given in the Maguire report and details will be worked out by the Engineering Department and reported on subsequently by this committee The program will include measurements in the new channel from Kiln Brook to the land- fill area, which probably contains the highest leachate concentration, upstream of the landfill to obtain base pollution levels, and at various 291 Selectmen's Meeting December 20, 1976 points downstream to determine the degree of natural cleansing and dilution Completion of the Route 128 drainage ditch, implementing of the landfill operation procedures as detailed in the Maguire report, and initiation of a testing program are necessary so that the Town can properly defend itself in court, if necessary, against an attempt to prematurely close the landfill It is also desirable, however, that the State be made aware of these improvements in the landfill opera- tion in order to forestall action against the Town based on prior impressions that the State has Whether the State should be noti- fied immediately of the Town's intentions, later after improvements have been made and testing has begun or only when querried further by the State remains to be determined Since this question is more political than technical this Committee will not make a recommendation on it The proceedings under Hatch Act file No 201-16 (1974) to expand the landfill laterally into adjacent wetlands has been taken over by the State It has become the subject of much bitterness and recrimi- nations, and now requires an Environmental Impact Report before fur- ther action can be taken Since this committee recommends that the Tbwn not proceed with plans to expand the landfill laterally there is no need to prolong the acrimonious debate over this issue or to incur the expense of an E I R. We therefore recommend that this ap- plication be withdrawn If the Conservation Commission determines that a Hatch Act proceeding is required to legitimize the filling that has already taken place and/or subsequent further alteration of the land adjacent to wetlands, a new application should be filed re- questing permission for upward expansion in compliance with existing State regulations for landfills. It is most unlikely that action by the Commission on this application would be appealed to the State from within the Town Even if the State did take it over on its own, there is a reasonable chance that an E I R. would not be required for this much more modest proposal Even if an E I R. were required, the pro- ceedings could be undertaken with much less hostility than that which accompanied the previous application The committee feels there is nothing to lose and much to gain by withdrawing 201-16 and substituting a new application Again the timing of this withdrawal and resub- mission is a political question on which we make no recommendation Mr Frank Sandy, Chairman, and members of the Sanitary Landfill Recycling Committee; Mr James Reilly, Chairman, and members of the Regional Program Refuse Advisory Committee, met with the Board to discuss the Hartwell Avenue Landfill Mrs Joyce Hals advised that, although we are recycling, the Town should in some way consider doing a better job We looked into ways of having curbside collection for just recyclables and found that Bedford, Andover and Marblehead are leading up to 75 percent of their recyclables It is important to keep the present landfill operation 292 Selectmen's Meeting December 20, 1976 and if the Town had a resource recovery program, you would have to have a contractor, and if you go over or under, you would have to pay an extra fee Chairman Kessler said that people now realize that we have to do something whereas a few years ago they did't think that the land- fill might be closed Mr Sandy was asked if he would accept the re- sponsibility of working with Engineering, the Planning Board, and the Selectmen to present a program on recycling Mr Sandy agreed and hig committee will report back to the board Mr Reilly, Chairman of the Regional Refuse Advisory Committee, explained that he would like to show the direction in which the Town is headed, and this would mean reserving space for two Articles He introduced Mr Fred Gross of the Bureau of Solid Waste Disposal who presented recommendations All member towns would be requested to name an in-town site and, as Lexington is in the middle area, it is important to pay close attention to what is happening You are on a major highway, which is included in the criteria recommended by the State for site selection Also, (1) transfer station; collection station; 3-acre minimum (2) recovery plant; transportation require- ments (3) residue disposal area There are land requirements, utilities, and requirements for a geological environment impact The present landfill has 67+ acres, with a potential expansion of 25 acres; it is next to Route 128 Of the 67 acres, 27 are high, 40 are low and wet It is not close to any residences and the area is pres- ently zoned CM. At Routes 2 and 128, there is a drainage problem. Many acres are all wet and marshy We came up with the present dump as being viable for the study for a transfer station and recycling site The question of access has to be considered as Bedford Street would be even more heavily loaded with traffic, and this brings up the Hartwell Connector There is plenty of room for a transfer station but there are problems that the State might see for using the landfill as a trans- fer station The principal engineer with Environmental Management is working with 128 Resources Council, which has volunteered to come up with a resource recovery set-up and access, with complete assis- tance for funding by State agencies, to seek and select nominations for a transfer station and a residue disposal site It is important that Lexington host a meeting on using the current Lexington dump and the State is available for presentation There are also certain problems as the State would take the site by eminent domain at a fair market price We would have a $10 million bond issue The Bureau can do that and provide access to the site, and provide rehabilitation of an old landfill Before the State takes it, it would be the State's responsibility to have a hydrological analysis - and that could be done We would like to get a commit- ment from the Town body as to whether or not they would like to designate a site ' 2 93 Selectmen's Meeting December 20, 1976 Mr Reilly said that it is his understanding that the Selectmen must make a response to the State that at least it is considering the site, and make a reservation for a Warrant Article Mr Gross explained that present legislation allows the Bureau to take a site for a regional landfill but, because there have been local opposition and ramifications which make it impossible to do so, the agency wants a commitment of the governing body before any action is granted Chairman Kessler said that the Board would be hesitant to actually propose a site until we turned to our committee and asked them to come back to us with a site proposal, with the understanding that it would be a proposal to be looked into in detail Mr Gross agreed that this would be reasonable Mrs Miley said that part of our problem is that this has been going on for a couple of years and the 128 West Council has been asking to propose a site Mr Gross is saying that it would give us all sorts of advantages, which does not mean that in the end or beginning that we are giving up the sanitary landfill Mr Gross added that the State would like to select a site within a few months The original date was set for January 1, 1976 but a realistic deadline has not yet been determined as there have been problems Mr Busa said that he was on the original committee when people were told of a certain date and a deadline He would not want to com- mit Lexington to an investigation until we know exactly what we are committing Lexington to They are just waiting for someone to volun- teer, and then they will disregard Weston and Haverhill Mr Gross replied that he was not saying that the Lexington site would be chosen Mr Bailey stated that if the landfill is to be recommended, then the connector would have to be an integral part Mr Gross agreed and said that the Bureau would work with the State DPW on access and feasibility of interchanges Upon motion duly made and seconded, it was voted to charge the Selectmen's Regional Refuse Advisory Committee to come back to the Board within one month with a recommendation on the possibility of submitting a nomination to the Bureau of Solid Waste Disposal of the Hartwell Avenue sanitary landfill being selected as a resource re- covery facility to serve the communities currently participating in the 128 West Recovery Council The Board agreed to reserve space in the Warrant for two Arti- Articles- des, one on Curbside pick-up and one for designating the sanitary Recyclables- landfill as a possible regional resource recovery site Resource Mr Fred Gross, The Sanitary Landfill Committee, and the Recovery Site Regional Refuse Advisory Committee retired from the meeting Mr Stanley Brown, Chairman of the Lexington Commission on LCSR - ' Suburban Responsibility, met with the Board Subcommittee 294 Selectmen's Meeting December 20, 1976 fil Mr Brown said that LCSR members had been appointed on July 1, 1975 and terms had expired on June 30, 1976 In the meantime, LCSR had submitted an amendment to the Board on the original charge by suggesting broadening representation, clarifying attendance re- quirements, and broadening the scope of the committee In 1976, a subcommittee was formed to conduct a study of people with special needs and the report concluded that one of the functions should be to coordinate the various human services that are available; to have a telephone information service to provide information and answer questions of citizens seeking help in human service areas; to estab- lish an Inter-Agency Human Service Council It then became evident that these would require personnel above and beyond what we have We are volunteers and it is difficult for volunteers to devote the time to making it work, and we would advocate the acquisition of a CETA worker Mrs Davison, LCSR Subcommittee Chairman, informed the Board that in order to produce what should be done, it can't be done by a volunteer Human services within the Town are too diverse and to monitor and evaluate them is something that should be done by a professional It is strongly recommended that, as a first step, to use a CETA slot to inventory the human service agencies within our Town It is quite obvious that if a CETA worker is hired, we would have a first step of a Director Arlington did this under CETA Mr Hilton of the Library is excited about it and has called me many times on the possibility of an information service They are open seven days a week but they can't start without a Director Mr Hilton did not want to commit himself as his personnel situation is tight It takes a lot of work to pull it together and if we get a CETA worker to identify agencies, then the second step could be taken next year The Police Department is quite anxious as they get calls for information on the elderly, housing, hospitals, etc An Inter- Agency Council could be established informally or made an official part of Town government This would need a warrant article Mrs Battin said that she too had checked with Mr Hilton on the feasibility of an information service at the library He felt it a natural library function and he seconded the need for a Director Cambridge has one and it would be available for mass distribution For referral, he would need additional staff as it would generate more telephone calls As far as thinking of a Director of Human Services, the Town Manager could look at the half-time person that the Council on Aging wants Dr Kessler wondered why, by using volunteers, they couldn't gather information and bring it to the Library Mr Bailey has pointed out that the Appropriation Committee has made it clear that any requests for more people would be looked at very hard We want to be sure that when we ask for more staff, we know what that person will be doing Mrs Davison said that they are going to have to use other sources Selectmen's Meeting December 20, 1976 funding of and ng such as CETA A CETA slot in this area would not, in essence, be a new person for the Town Mr Bailey stated that, over the past three weeks, the Board has had a presentation from the Youth Advisory Commission, and earlier to- night one from Recreation in the hope that a Community Center could be established To get it all together, as Mrs Battin requested, it should be referred to the Town Manager All problems may not be solved but the Town Manager could get it going by doing something constructive by Town Meeting time so that we aren't going to lose a whole year Mrs Battin agreed Upon motion duly made and seconded, it was unanimously voted to refer the subject of human services to the Town Manager, with the strong recommendation of priority Mr Brown recommended that LCSR be continued and said that he is looking forward to working with the Town Manager for a more efficient management of committees, with no overlapping of charges He also ex- pressed concern that minority groups not be overlooked and LCSR had recommended inclusion in their membership Chairman Kessler stated that he would recommend to the Board that the Community Relations Committee is ideally suited to look into the problems of minorities in Lexington, if such exist, and to have an open discussion in the community LCSR and Subcommittee members retired from the meeting Mr John Carroll and his Attorney, Edward M Ginsberg, met with Carroll the Board to discuss the application for a Class 3 license to be Class 3 renewed for 1977 Mrs Miley recommended that, because there have been misunder- standings and for clarification, Mr Carroll's license could be granted with the provision that all stipulations on the Board of Appeals' per- mit of May 13, 1976 be adhered to Mr James Buckley was present and submitted a petition from the homeowners in the neighborhood objecting to the renewal of the license They request that the Registry of Motor Vehicles make monthly inspec- tions of the premises regarding motor vehicle disposal and the crush- ing operation Also, there are noise and pollution standards that must be strictly adhered to Regarding safety procedures, has a fence been erected? The current advertisement in the Minuteman newspaper is a clear indication of just one of the many violations which have occurred and are continuing Dr. Kassler explained that members of the Board are not an in- spection team and we feel that our Inspectors are very competent We have received written reports that individual inspections have been made at different times of day, and no violations were found On that basis, we cannot find that flagrant violations have occurred as we have had no proof from the Inspectors Complaints from the neighbors per se are not proof Therefore, we are bound to act Attorney Ginsberg stated that the Registry of Motor Vehicles makes inspections of the premises twice a month 296 Selectmen's Meeting December 20, 1976 111 Regarding gard ng the newspaper advertisement, Dr Kassler said that it was vague enough regarding retail sales that the Board and Town Counsel concluded that judgment could not be made that John Carroll was running a retail sales office, and inspections showed no viola- tions Therefore this is not legal proof that he is violating the Board of Appeals' permit Mrs Miley said that it is her understanding that parts can be sold wholesale but it is retail sales that she didn't understand Chairman Kassler replied that this is what he finds the most difficult to deal with and that is why the inspection department was asked to pay particular attention to that issue Regarding the question on the fence, it is his understanding that the fence is up Mr Carroll replied that the only part that is missing is the section closer to his house Mrs Miley commented that a good part of the problem is be- cause real estate agents tell persons that conditions regarding ad- joining property will change, and this is not the only section in Town that this has happened Mr Buckley asked if the license is granted, would the Board enforce it? Dr Kassler assured him that all conditions of the Board of Appeals' permit will be strictly enforced, and if there is proof of violation, action will be taken Upon motion duly made and seconded, it was unanimously voted to grant to John P Carroll Co , Inc 31 Allen Street, a Class III license under G L Chapter 140, s 58, subject to compliance with the conditions set forth in the Board of Appeals' permit dated May 13, 1976 Steeves' Chairman Kassler read a request from Town Counsel to sign the Land - Order of Taking for conservation purposes the land owned by the Marrett Rd Lexington Associates, Inc ; also, the Order of Taking of another parcel for school, playground, recreation, sewer and drain purposes Upon motion duly made and seconded, it was voted to sign the Order of Taking by eminent domain for conservation purposes the land owned by Lexington Associates, Inc located off Marrett Road, with an award of damages to Isabella and Walter E Steeves and Katherine A and Burton F Faulkner in the amount of $68,900 Upon motion duly made and seconded, it was voted to sign the Order of Taking by eminent domain for school, playground, recreation, sewer and drain purposes the land owned by Lexington Associates, Inc located off Marrett Road, with an award of damages to Isabella and Walter E Steeves and Katherine A And Burton F Faulkner in the amount of $7,100 1977 Chairman Kassler read applications for renewal of Class I li- Class I censes Licenses Upon motion duly made and seconded, it was voted to sign the 297 Selectmen's Meeting December 20, 1976 1977 renewal of Class I licenses for Colonial Garage, Inc d/b/a Huribert Buick-Opel; Rowe Chevrolet, Inc , Lexington Toyota, Inc ; Lawless Mawhinney Motors, Inc A renewal of a Lodging House license was discussed and Chairman Wild Acre Kassler informed the Board that the Board of Health reports that Dr Lodging Yudowitz has made arrangements for the septic system to be pumped House License out at Wild Acre Inn Upon motion duly made and seconded, it was voted to sign the 1977 renewal of the Wild Acre Inn Lodging House license, subject to monthly reports from the Board of Health indicating that all steps are being taken to provide adequate sewer facilities for the property Chairman Kassler read an application from Lexington Golf Club Lex Golf for renewal of the Common Victualler license Club - Common Upon motion duly made and seconded, it was voted to sign the Victualler 1977 renewal of the Common Victualler license for the Lexington Golf Club, hours of operation are 9 00 a.m to 6 00 p.m seven days a week Upon motion duly made and seconded, it was voted to approve the Club-New Yr's request of the Lexington Golf Club for an extension of hours of Eve operation under the Club liquor license to 1 00 a m. on New Year's Eve Chairman Kassler requested the Board to sign the abatement form Sewer for Lot 70, Summer Street Betterment Upon motion duly made and seconded, it was voted to sign the Abatement abatement form for the sewer betterment assessed against Lot 70, Lot 70 Summer Street, owned by Paul F and Elaine M. O'Brien, 33 Haskell Summer St Street, Lexington, in the amount of $190 45 The Board discussed the bids submitted for printing the 1977 1977 Town Annual Town Meeting Warrant Spaulding Company, Inc , 36 pages- Meeting $1,748 50; 32 pages-$1,550 00 Maran Print Service, Inc , 36 Warrant Bids pages-$2,454 00; 32 pages-$2,008 00 Lexington Press, Inc , 36 pages-$1,836 00; 32 pages-$1,536 00 Upon motion duly made and seconded, it was voted to award the contract for printing the 1977 Annual Town Meeting Warrant to the Lexington Press, Inc for 10,000 copies, as follows 36 pages at $51 00 per page, total of $1,836 00; 32 pages at $48 00 per page, total of $1,536 Chairman Kessler discussed the problem with dogs in Lexington Dogs and informed the Board that, presently, there are no standards es- tablished for a kennel license A policy should be set on how a house with multiple animals should be run The Board agreed to request the Town Manager and Director of Public Health to submit recommendations on establishing a policy associated with kennel licenses I � 9S Selectmen's Meeting December 20, 1976 Battle Chairman Kassler read a recommendation from Mr John McSweeney, Green DireciDr of Public Works, regarding the new flagpole to be installed Flagpole on the Battle Green A federal grant has been received in the amount of $6,500 for use in paying for the new flagpole, subject to the stipulation that this money is to be expended before January 1, 1977 Since the new flagpole will not be received until January 14, 1977, if we are to comply with the provisions of the grant, we must pre- pay the difference between what we have already paid to B A Larson & Company and the amount of the grant We have discussed this matter with Mr Perry, Acting Town Manager, and Mr Larson and it is recommended that Mr Larson submit a bill for $4,875 00 and the Town would issue a check for this amount, to be held in escrow by the Town Treasurer until the work is actually completed Upon motion duly made and seconded, it was voted to approve the recommendation of Mr McSweeney that a check in the amount of $4,875 00 be issued to B A. Larson for the new Battle Green flagpole, and this check is to be given by the Comptroller to the Town Treasurer to be held in escrow until the project is completed Executive Upon motion duly made and seconded, it was voted to go into Session Executive Session for the purpose of discussing strategy with respect to personnel classifications, with the intention of not resuming the open meeting Upon motion duly made and seconded, it was voted to adjourn at 11 30 p m A true record, Attest )14 Executive Clerk, Selectmen 111 299 SELECTMEN'S MEETING December 27, 1976 A regular meeting of the Board of Selectmen was held in the Se- lectmen's Meeting Room, Town Office Building, on Monday, December 27, 1976 at 7 30 p m Chairman Kassler, Mr Bailey, Mr Busa, Mrs Battin and Mrs Miley; Mr Cohen, Town Counsel; Mr McSweeney, Direc- tor of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present At the request of the Town Clerk, the following jurors were Jurors drawn. Leila A Paone, 15 Emerald Street Maria Balulescu, 5 Dane Road Anita Worthen, 35 Dexter Road Michael Rosa, 11 Brigham Road Lawrence D Ryan, 12 Ross Road Francis X Bellini, 149 Bedford Street William Thomas Crossman, 82 Reed Street Faye Maxwell Burgress, 2 Wallis Court Chairman Kassler requested the Board to sign notices to the Con- Streets - stable to deliver to abutters of the intent of the Board to lay out Constable & streets, discontinuance of two streets, and the date of street hear- Abutters 111/ ings Upon motion duly made and seconded, it was voted to sign the notices to the Constable to deliver to abutters involved in the vote of the Board of Selectmen on December 13, 1976 of the intent to lay out subdivision and construction streets for acceptance at Town Meeting; discontinuance of Hinchey Road and Wood Street, and notification of street hearings to be held on January 11, 1977 Chairman Kassler read a request to withdraw a petition for joint Poles - ownership of poles on Nickerson Road and Carmel Circle Nickerson Rd - Upon motion duly made and seconded, it was voted to grant the Carmel Circle request of the New England Telephone Company and the Boston Edison Company for a "Leave to Withdraw" the petition dated October 5, 1976 for joint ownership of fourteen poles on Nickerson Road and two poles on Carmel Circle Chairman Kassler read a request from Mr and Mrs Harry F Jones Tree Removal for the Town to remove a dead poplar tree on their property at 26 Brandon Street Brandon Street Mrs Miley said that she had received a telephone call from the Coordinator of the Council on Aging with the information that Mr Mazerall, Tree Warden, had agreed that the tree was a hazard A report from Mr McSweeney recommended that the tree be removed IIIat no cost to the owner because it was a public nuisance r 300 Selectmen's Meeting December 27, 1976 Upon motion duly made and seconded, it was voted to approve the request to remove the dead poplar tree at 26 Brandon Street, at no cost to the owners of the property by reason of public nuisance Cushing St Chairman Kassler read a recommendation from Mr McSweeney that Cul-de-sac the cul-de-sac on Cushing Street be placed on Town-owned land Cushing Street is on the list of construction streets for acceptance at Town Meeting Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering that the proposed cul-de-sac be placed on Town-owned land at the end of Cushing Street Peking The Board discussed a letter from the Board of Appeals requesting Gardens the feeling of the Selectmen on the petition of Lexington Enterprises, Inc , d/b/a Peking Gardens, 27 Waltham Street, to expand their restaurant operation Mr Bailey said that restaurants generally tend to bring traffic into parking lots after the bulk of the day's work is done but that side of the street is in bad shape as far as parking is concerned Mr Busa agreed and recommended that the Traffic Safety Committee should conduct a study on the parking meters and to have a more rigid restriction of all-day parkers Mrs Miley asked about the Planning Board group which is study- ing the Center, and if they had taken into consideration the number of banks to be allowed in the Center Mr Paul MacKenzie, Chairman of the Planning Board, was present and said that there is a Committee on Zoning By-Law revisions and a Subcommittee on application of the revisions It is their feeling that they need more time and probably will not make any recommenda- tions for changes to the Zoning By-Laws The committee may ask for money for an in-depth review of the Central District As far as any restriction on parking in CB Districts, this would not be in line with current Zoning By-Law and, until the By-Law is changed, there isn't any restriction to be placed on CB Districts The Board agreed not to take a position on Peking Gardens Upon motion duly made and seconded, it was voted to inform the Board of Appeals that the Board of Selectmen has no recommendation to make on the petition of Peking Gardens to expand their restaurant operation Articles- Mr Joseph Rooney, Chairman of the Lexington Housing Authority, Housing met with the Board to submit two Articles for the Warrant for approval Authority of constructing a housing project for the elderly on 4 4 acres of land located on the southerly side of Woburn Street Mr Rooney explained that the Town owns 51 8 acres and they are looking for 4 4 acres to build a minimum of 48 units Of all the sites considered, this one was selected as it would be close to trans- 301 Selectmen's Meeting December 27, 1976 portation and stores.to es. If the Board approves, we will also go to the Planning Board for approval The Board agreed to reserve space on the Warrant for two Articles for the Housing Authority, and assured Mr Rooney of support for both Articles Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's meeting held on November 29, 1976 Upon motion duly made and seconded, it was voted 5-0 by roll Executive call vote to go into Executive Session for the purpose of discussing Session strategy with respect to land negotiation, and then to resume the open meeting Chairman Kessler read applications for renewal of Common Carrier 1977 Common licenses Carrier Upon motion duly made and seconded, it was voted to grant the Licenses 1977 Common Carrier license to the following Big W Trans, Inc., Ashland, for operating a common carrier for the transportation of passengers for hire by motor vehicle along this route in the Town of Lexington On Route 128 from Waltham City Line to the Burlington Town Line-No Stops Birmingham Bus Service, Milford, for operating a common carrier for the transportation of passengers for hire by motor vehicle along this route in the Town of Lexington On Route 128 from Waltham City Line to the Burlington Town Line-No Stops Chairman Kessler read a report from Mr George A Smith, Direc- Common tor of Public Health, recommending that the application for a 1977 Victualler Common Victualler license from Sesame, 321 Woburn Street, be with- Seseme, Inc held for violation of Health Sanitary Food Laws A sanitary in- spection made of this establishment on December 20, 1976 showed conditions to be unsatisfactory, and failure to correct outstand- ing violations by Seseme may necessitate more stringent action by this department The Board agreed to accept the recommendation of the Director of Public Health that the application for a 1977 Common Victualler license be held in abeyance until the owner has complied with all conditions set forth by the Board of Health Mr Perry, Acting Town Manager, was requested to instruct Mr Smith to inform the owner, or his representative, that Seseme, Inc is not to open on January 1, 1977 until further notification from the Board of Select- men Chairman Kessler read an application from the Battle Green Inn Battle Green 111 for renewal of the Common Victualler and Innholder liquor licenses 1977 License Comm Vict - Innholder Liquor 1102 Selectmen's Meeting December 27, 1976 Upon motion duly made and seconded, it was voted to grant the 1977 Common Victualler license to WHH Company, Inc , d/b/a Battle Green Inn, with hours of operation 11 00 a m to 12 00 Midnight- Weekdays; 1 00 p m. to 12 00 Midnight-Sundays Also, to grant the 1977 Innholder All Alcoholic Beverages liquor license to WHH Company, Inc , d/b/a Battle Green Inn, with hours of operation 11 00 a m to 12 00 Midnight-Weekdays; 1 00 p m to 12 00 Midnight- Sundays; As long as the dining room is open but not later than mid- night. Day Care Chairman Kassler read a report from Mr George A Smith, Direc- Centers- tor of Public Health, regarding the letter from the Office of Children, Licensing & dated November 1, 1976, on the subject of day care licensure The Inspections Selectmen had requested recommendations of the Health Director, and the report stated that on November 1, 1974, the Office of Children had taken over the function of the Board of Health concerning licens- ing and inspectional programs Although the Board of Health is in- terested in becoming once again an integral part of the licensure procedure, they are unable to meet the additional mandated staffing requirements involving eight different people to fill various quality level assurance aspects of the program. Considering that we have a total of eighteen day care centers in operation, it would be quite difficult to integrate inspections back into the inspection capabili- ties at this time and on such short notice Mrs Battin recommended that the Board write to Mrs Winifred Friedman asking her assistance as to whether the Office of Children feels that inspections by the State are adequate or if they should be supplemented by Town inspections Articles- Mrs Battin discussed the recommendation of the Massachusetts Coll Bargain.Selectmen's Association and the Massachusetts League of Cities and Local Aid- Towns for consideration of insertion of three Articles in the Warrant State Mand Programs 1 Collective Bargaining that Town Meeting votes to convey to our elected state representatives and senators the de- sire that there be no extension of compulsory and binding arbitration beyond its termination date of June 30, 1977, so that final authority for determining local expenditures be returned to Town Meeting 2 Local Aid be it resolved by Town Meeting that our elected state representatives and senators be urged to support an increase in the amount of local aid funding for fiscal 1978 at least sufficient to cover the increased costs of state mandated programs and inflation 3 State Mandated Programs be it resolved by Town Meeting that our elected state representatives and senators be urged to work against the passage of all legislation im- posing additional costs on local government 303 Selectmen's Meeting December 27, 1976 The Board agreed to endorse the concept of the three recommended Articles, and to invite Lexington's representatives and senators to a joint meeting to discuss their viewpoints and recommendations The Board discussed the upcoming hearing by the Board of Appeals Drummer Boy on the Drummer Boy condominiums Condominiums Upon motion duly made and seconded, it was voted that a letter be written to the Board of Appeals stating that the Board of Select- men strongly feels that the 20 one-bedroom units should be retained, in accordance with the vote of Town Meeting Also, to inform the Board of Appeals that the Board of Selectmen does not take a position at this time on any other issue connected with Phase 2 of the Drummer Boy condominiums Chairman Kassler read a memo from Mr McSweeney, Director of Drains- Public Works/Engineering, recommending that all bids submitted on Fletcher Ave construction of drainage on Fletcher Avenue be rejected, and that this drain project be included in another contract to be rebid in the spring The recommendation is based on two factors The second low bidder has alleged that the low bidder has an unbalanced bid, and had indicated that he will protest the bid In our opinion, we believe that it is in the Town's best interests to reject all bids rather than go through a review process with the Department of Labor and Industries relative to a protest for a job of this size Secondly, the size of this project is not economically ad- vantageous; this is a small project where overhead items such as site preparation, performance bonds, insurance certificates, and clean-up cannot adequately be spread out over the project and are reflected in the unit bid prices We believe that more advantageous prices could be achieved if this project were combined with another and rebid as one large project Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works/Engineering to re- ject all bids submitted for Contract #76-19-E for drain construction on Fletcher Avenue, and all bid securities are to be returned to bidders Chairman Kassler read a memo from the Recreation Committee to Recreation Mr Perry, Acting Town Manager, proposing the use of surplus funds Surplus Funds in the Recreation Personal Services Budget by implementation of new programs on a trial basis, such as, tennis lessons, arts and crafts, and cross country skiing A reply to the Recreation Committee from Mr Perry was read, stating that "in August the Board of Selectmen requested that each committee or board cut back on their expenditures and start no new programs for the current fiscal year because of the financial pic- ture of the Town A memo of September 22 indicated that there were no surplus funds in the Recreation Budget Based on this latest 304 Selectmen's Meeting December 27, 1976 memo, it is assumed that surplus funds have been found but it is expected that Recreation will comply with the directive that says surplus funds should not be expended " The Board agreed that surplus funds are not to be expended for new programs in Recreation, and the Recreation Chairman is to be so informed Board of The Board discussed a letter from Mr George P Wadsworth, Chair- Appeals - man of the Board of Appeals, in response to a letter from the Board Setting hrs of Selectmen recommending that the hours of operation not be discussed of operation at hearings regarding applications for a restaurant, as the hours would be set by the Selectmen when a Common Victualler license is granted The Board of Appeals feels that this factor could not possibly be eliminated from consideration and, therefore, submits three possible alternatives 1 The Board of Selectmen could assume the entire responsibility of the granting of permits and victualler licenses, and this might be accomplished by a vote of Town Meeting 2 The Board of Appeals could make the decision as to the hours, which could be the extreme hours of time allowable The Selectmen could then cut down these hours when they grant the victualler's li- cense This is the manner which we understood was in operation and the one we prefer 3 The Selectmen could notify the Board of Appeals in advance of a hearing as to what hours they were going to grant for the vic- tualler's license, if the restaurant was permitted, and the Board of Appeals could decide in view of these hours whether or not the res- taurant permit should be granted Upon motion duly made and seconded, it was voted to reaffirm the policy of the Board of Selectmen regarding the hours of opera- tion of restaurants - that the Board of Appeals could make the decision as to the hours, which could be the extreme hours of time allowable, and the Board of Selectmen could then cut down these hours when they grant the Common Victualler's license The Board agreed to recommend that the Board of Appeals include in the conditions of the permit the following language "subject to any further restrictions with respect to hours of operation as may be imposed in the Common Victualler's license granted by the Board of Selectmen " Council on Mrs Miley discussed the Council on Aging's request for a table Aging- to be set up on the first floor of the Visitors' Center for the con- Visitors' venience of the elderly (The Council's office is on the second Center floor and senior citizens have difficulty climbing the stairs ) L—_ 305 Selectmen's Meeting December 27, 1976 The Chamber of Commerce has informed them that this could not be done Mr Bailey agreed that space should be provided and suggested that an agreement be worked out with the Chamber of Commerce The Board agreed Upon motion duly made and seconded, it was voted to adjourn at 9 45 p.m. A true record, Attest h,✓ f 27 Executive Clerk, Selectmen I