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HomeMy WebLinkAbout1976-01-05-BOS-min 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