HomeMy WebLinkAbout1977 306
SELECTMEN'S MEETING
January 3, 1977
A regular meeting of the Board of Selectmen was held in the Se-
lectmen's Meeting Room, Town Office Building, on Monday, January 3,
1977, at 7 30 p.m Chairman Kessler, Mr Bailey, Mr Buse, Mrs
Battin and Mrs Miley; Mr Hutchinson, Town Manager; Mr Perry, for-
mer Acting Town Manager; Mr Cohen, Town Counsel; Mr McSweeney,
Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk,
were present
New Town The Board of Selectmen cordially welcomed Mr Robert M Hutchinson,
Manager Jr , as the new Town Manager as of today The Board also expressed to
Mr Perry their sincere appreciation for a job well done while serving
as the Acting Town Manager
1976 Town Mr Hal Singley, Chairman of the Town Report Committee, recommended
Report Con- that the Board award the contract for printing the 1976 Annual Town
tract Report to the lowest bidder, Semline, Incoporation of Braintree, in
the amount of $7,528 plus options Two other bids were received, as
follows Beacon Hill Press, Boston, $8,604 29 plus options;
Nachusett Business Forms, Inc , Lunenburg, $9,470 00
Upon motion duly made and seconded, it was voted to approve the
recommendation of the Chairman of the Town Report Committee to award
the contract for printing the 1976 Annual Town Report to Semline,
Incorporation in the amount of $7,528 00 plus options, 700 copies
of Parts I and II Perfect bound, 9700 copies of Part I Saddlewire
Rotary Club Mr Hutchinson informed the Board that the Lexington Rotary Club
Gift-Power has offered a gift to the Town of a Hurst Power Rescue Tool, to be
Rescue Tool used by the Fire Department If approved, a purchase order will be
prepared and the Rotary Club will submit a check for $2,661 85
Upon motion duly made and seconded, it was voted to accept with
gratitude the gift of the Lexington Rotary Club of a Hurst Power Tool ,
and to authorize Mr Hutchinson to proceed with the purchase by a
check in the amount of $2,661 85 from the Lexington Rotary Club
Mr McSweeney and Mr Perry left the meeting at 7 48 p.m
Wood St Chairman Kessler read a request from Town Counsel to sign the
Land - deed on Wood Street land
Ferr¢ Upon motion duly made and seconded, it was voted to sign the deed
conveying, for consideration in the amount of $1,000, certain portions
of Lots A, B and C on Wood Street to J Andrew Ferry and Mildred C
Ferry of 86 Wood Street, as authorized under Article 88 of the 1976
Annual Town Meeting
I
307
Selectmen's Meeting January 3, 1977
Chairman Kessler read letters of resignation from Mr Thomas Resignations-
J Holzbog and Mr Nicholas A LaFauci Historic
Upon motion duly made and seconded, it was voted to accept, Districts
with regret, the resignation of Mr Thomas J Holzbog as a member
of the Hitoric Districts Commission, effective immediately
Upon motion duly made and seconded, it was voted to accept, Personnel
with regret, the resignation of Mr Nicholas A LaFauci as a mem- Advisory Board
ber of the Personnel Advisory Board, effective immediately
Chairman Kessler read applications for licenses Common Carrier
Upon motion duly made and seconded, it was voted to grant Pierce Transit
the 1977 renewal Common Carrier license to Pierce Transit Co , Co
Inc , Dracut, for transportation of passengers for hire over the
following ways and streets in Lexington Yankee Division High-
way (Route 128) between the Burlington Town Line and the Waltham
City Line No Stops
Upon motion duly made and seconded, it was voted to grant 1-Day Liquor
the Special One-Day Liquor license to W R Grace for parties to W R. Grace
be held on January 6 and January 20, 1977
Chairman Kessler read a request for summer band concerts Permit -
Upon motion duly made and seconded, it was voted to approve Band Concerts
the request of the Lexington Bicentennial Band for the use of the Battle Green
Green for summer band concerts on Thursday evenings from June 30
through August 18, 1977
Chairman Kessler read a proposal from the Lexington Bicen- Bandstand
tennial Band for approval of a designated area for the location Committee
of a bandstand or shell, possibly Hastings Park
Mr Bailey reminded the Board that a request had previously
been received from Mr Lannom, Director of the Masterworks Chorale,
for consideration of a shell for the Cary Memorial Hall stage
The Board agreed to set up a committee composed of Mr Buse,
Mr Hutchinson, and Mr Burnell, President of the Lexington Bicen-
tennial Band to investigate and recommend a site for a suitable
type of bandstand This committee will contact Mr Lannom to dis-
cuss the possibility of having a movable type of sound baffle
which could be used by both the Masterworks Chorale and the Bi-
centennial Band
Mr Cohen, Town Counsel, recommended that the Board sign the Land Taking-
Order of Taking of land on Grassland Street Grassland St
Upon motion duly made and seconded, it was voted to sign the
Order of Taking by eminent domain for conservation purposes, with
an award of no damages, the land on Grassland Street believed to
belong to Francis J Rosa and Ruth V Rosa, and to Peter Sowkow,
1 as authorized under Article 62 of the 1976 Annual Town Meeting
308
Selectmen's Meeting January 3, 1977
Community Chairman Kassler discussed the Community Relations Committee
Relations and said that for some time the Board has been talking about poss-
Charge ible charges to the committee and that, as a suggestion, they could
look into the problems of minorities in Lexington, if such problems
exist
Mr Busa wondered if CRC should zero in on whether there are
problems, or if the matter should go back to the Police Department
Chairman Kessler said that this has nothing to do with the
Police Department At our meeting with the Concerned Black Citi-
zens, things were said openly and some of us were made aware of
the great depths of concern that exist in some segments of the
community He was in favor of that type of problem being aired
publicly, and did not think of it as a police/community issue
Mr Busa commented that he was not at that meeting
Mr Bailey stated that if somebody thinks there is a problem,
the Board ought to try and get CRC's charge down all at once; it
would be extremely useful
Mrs Battin said that she understood what Mr Bailey was say-
ing and normally would agree, but the overall CRC charge was that
if a problem developed, it would be turned over to them This
seems to be the one that has raised its head now She added that
LCSR understood the problem and had seen it in the same area as
an issue
Mrs Miley explained that the Concerned Black Citizens Group
was formed several years ago because they felt there were problems
It is a large enough group in Town and this is a very good project
to be undertaken by CRC
Chairman Kassler asked Mr Hutchinson's assistance on the
wording and the Board accepted his recommendation, and to so in-
form the Community Relations Committee
Upon motion duly made and seconded, it was unanimously voted
to charge the Community Relations Committee, as follows "That
the Community Relations Committee investigate equal opportunities
within the Town of Lexington for all her citizens with specific
emphasis on minorities, individuals, and families "
Minute Men Lt Joel Schulman of the Lexington Minute Men, Incorporated,
Washington Trip was present at the meeting and informed the Board that they had
been invited to march in the President's inaugural parade but,
inasmuch as it would cost $120 per man for 40 or 50 men, he won-
dered if the Town would give financial assistance Because there
were no Town funds available, it was suggested that the Minute
Men approach the service clubs for contributions towards the trip
to Washington
Library For the information of the Board, Mr Bailey said that Mr Otis
Ripley Brown is soliciting funds for the restoration of the Ripley murals,
Murals donated by Mr Donald E Nickerson, to be hung in the new Library
309
Selectmen's Meeting January 3, 1977
The cost of restoration is $10,000isnot forth-
coming,
and, if enough money o h
coming, Mr Bailey will come back to the Board
Upon motion duly made and seconded, it was voted to adjourn at
8 20 p m.
A true record, Attest
Executive Clerk, Selectmen
I
310
STREET HEARING ON CONSTRUCTION
AND SUBDIVISION STREETS
January 11, 1977
A formal hearing was held by the Board of Selectmen on Tuesday
evening, January 11, 1977 in Cary Memorial Hall, Cary Memorial Build-
ing at 7 30 p m. to discuss unaccepted and subdivision streets up
for acceptance by the Town; also the reconstruction of Hancock
Street, a Chapter 90 Street, and the discontinuance of Hinchey Road
and Wood Street. Present at the hearing were Dr Howard M Kassler,
Chairman of the Board of Selectmen; Mrs Margery Battin and Mrs
Mary Miley, members of the Board; Mr John J McSweeney, Director
of Public Works/Engineering; Mr William J Martin, Assistant Town
Engineer and Mr Peter M Chalpin, Senior Engineer
The meeting was called to order at 7 35 p m by Dr Kassler,
who explained that these hearings are required by law and are held
for the purpose of getting feedback from the people for the Select-
men to use in laying out streets which are to be presented for
acceptance at Town Meeting Dr Kassler stated that we would take
the subdivision streets first, stating that these were non-better-
ment streets
The first subdivision street to be taken up was Brent Road
The description was read by Dr Kassler
Brent Road From Hathaway Road a distance of 650 feet, more
or less, to Emerson Road
Dr Kassler then asked if there were any comments There were
no comments The hearing was declared closed on Brent Road
The hearing was declared open on Emerson Road, from a point
easterly 990 feet, moreor less, from the end of Suzanne Road and
westerly to the end of that section of Emerson Road, read by Dr
Kassler who asked if there were any questions
One resident asked if the possibility of renaming parts of
Emerson Road is still under consideration, and if so, would delay-
ing this portion of the construction make it easier, or less ex-
pensive later?
Mr McSweeney said no, as it was two separate items
There were no further comments The hearing was declared
closed on Emerson Road
The hearing was declared open on Suzanne Road, from Emerson
Road a distance of 250 feet, moreor less, to Millbrook Road, read
by Dr Kassler who asked if there were any comments
There were no comments and the hearing was declared closed on
Suzanne Road
311
Street Hearing on Construction
and Subdivision Streets January 11, 1977
The hearing was declared open on Lois Lane, from Bedford Street
a distance of 950 feet, more or less, to end, read by Dr Kassler
who then asked if there were any questions
There were no comments or questions and the hearing was de-
clared closed on Lois Lane
Dr Kassler stated that we would now go into Hinchey Road and
Wood Street, which were up for discontinuance as a Town Way
Hinchey Road, as a Public Way 300 feet, more or less, from
Hartwell Avenue easterly to the end The description was read by
Dr Kassler
Mr Julian Busgang asked why it was being discontinued as a
private way?
Mr McSweeney explained that the Town is responsible as long
as it is legally a private way; stating that we still own it but
are just releasing liability as a public way
Mr Busgang suggested a Mail Box for Hartwell Avenue business
w/pulloff
Mr McSweeney went on to say that the Planning Board can take
under consideration any further use of the land
There were no further questions, and the hearing was declared
closed on Hinchey Road
The hearing was declared open on Wood Street, as a Public Way
1000 feet, moreor less, from Station 0+00, the Lexington/Bedford
Town Line to Station 10+00, read by Dr Kassler, who then asked if
there were any comments
Mr McSweeney explained that this was from the guard station
to the boundary line about 1000 feet in on the Air Base
There were no comments and the hearing was declared closed on
the Wood Street discontinuance
The hearing then moved on to the Construction or Betterment
streets
The first one to be heard was Banks Avenue, from Carville Avenue
a distance of 800 feet, moreor less, to Chase Avenue, read by Dr
Kassler who then asked if there were any questions
Mrs Roberta Cochran of #10 Banks Avenue questioned the Oak
tree. She said she would like this saved if possible Mrs
Cochran then brought up sidewalks, wanting to know if they would
be put in when the street was constructed
Mr Friedman, of the Planning Board, said it was not necessary
to have sidewalks
Mr McSweeney stated that 1 ) All this concensus is taken
into consideration at the time of the hearing and also at the time
of construction, and, 2 ) that we have to contact the school de-
312
Street Hearing on Construction
and Subdivision Streets January 11, 1977
partment regarding how many walkers, etc , there are
Mrs Cochran said that do not want sidewalks on either side of
the street
Mr McSweeney stated that a number of things have to be taken
into consideration before final plans are put through
Mr Julian Busgang said he was in favor of the construction as
the street has been a disgrace for a number of years
There were no further comments and the hearing was declared
closed on Banks Avenue
The hearing was declared open on Cushing Street, from Sullivan
Street a distance of 410 feet, more or less, to the end, read by
Dr Kessler who then asked if there were any questions
Mr Henry O'Neil of #10 Cushing Street asked to be recorded in
favor of construction as proposed
Dr Kessler said that the Board was willing to go along with
the request of the neighbors and put the cul-de-sac on town land, and
said that there would be no final decision on sidewalks until after
formal hearing He also said that he did not think the neighbors will
be disappointed
One resident asked if the street acceptance was definite
Dr Kessler stated that nothing was definite, going on to ex-
plain that it had to be voted on by the Board, and then Town Meeting
had to vote on it He also said that they were working on the bud-
get now and would be voting on same within the next four weeks
Mr Martin explained that the plans had to be filed with the
Town Clerk by 2/21/77
A resident asked how they would know if it had been accepted
He was told to call the Board of Selectmen late in February
Mr McSweeney said that the real problem was the budget, and that
within the next 3 to 4 weeks we should know the status as to how it
will be presented at Town Meeting
Dr Kessler went on to say that it was a matter of the Board
deciding how much we have to spend
Mrs Lund of #17 Cushing Street thought they were being rejected
each year because they were a little street and quite a distance from
the Center
Dr Kessler stated that this is not so, and explained that the
streets are taken according to priority, (the ones most needed are
on top of the priority list )
Dr Kassler also said that any street which feels it is being
abused, to let the Board know He stated that we are all human and
all make mistakes and that the D P W works very hard
Mrs Sullivan #2 Cushing Street asked if they were not plowed
because it is an unaccepted street?
Mr McSweeney said "No, " and went on to explain that we have a
number of routes, and only two men to each route and that some have
to be first and some have to be last
31:
Street Hearing on Construction
and Subdivision Streets January 11, 1977
Mr Martin explained that on unaccepted streets any maintenance
other than snow plowing is the responsibility of the abutters, and
that once it is the responsibility of the Town He also stated that
all problems should be taken into consideration during construction
and design
Dr Kassler said that no sidewalks were recommended by the Planning
Board on either Banks Avenue or Cushing treet
There no further questions and the hearing was declared closed on
Cushing Street
The hearing was declared open on Emerald Street, from Asbury Street
a distance of 540 feet, more or less, to Bellflower Street
Dr Kassler stated that the Planning Board had recommended the
construction of this street with a hammerhead located northeasterly of
Edna Street, and no sidewalks
Mr Ralph Johnson of #16 Emerald Street stated that all the points
he would have brought up have already been brought up and answered
One resident questioned the idea of a hammerhead going in, stating
that Emerald Street has always gone all the way through
Mr Martin explained that between Bellflower and Asbury Street
was a paper street and that the Planning Board recommended that Emerald
Street only be developed as far as Edna Street, suggesting a hammerhead
turn at Edna Street
Mr McSweeney said it would be like a "tee"; pull into one, back
out into the other
Mr Martin stated that this section was classified as a "Paper
Street" in 1961
Mrs Johnson, #16 Emerald Street, asked if there would be some
way to turn around
Mr McSweeney answered "yes"
Mr McSweeney then asked how many were in favor of construction
as proposed? Those in favor were
Mr & Mrs Ralph Johnson, 16 Emerald Street
Mr & Mrs Daniel Castanheira, 17 Emerald Street
Mrs. Grace Stalter, 41 Asbury Street
Mr & Mrs Leo McSweeney, 24 Bellflower Street
There were no further comments and the hearing was declared closed
on the construction streets
The hearing was declared open on the reconstruction of Hancock
Street, a Chapter 90 street
Mr William Spencer of #32 Hancock Street asked if there were any
new developments since the last hearing?
Mr Chalpin answered, "no" He also went on to explain that there
was a modified plan drawn up by the Mass D P W but nothing definite
314
Street Hearing on Construction
and Subdivision Streets January 11, 1977 1
had been decided upon
Mr William Martin read two main points of a letter received
from Mr Gilman, President of the Historical Society, stating that
if there is any damage to the new wall at the Hancock-Clarke House
that the Contractor/Town will be liable Also, they would like the
utility pole at the South Corner moved across the street
Mr McSweeney corrected the erroneous figure of $10,00 per foot
for underground wiring which was given at an earlier hearing, stating
that the cost for Edison alone would be $60 00 per foot, and that
does not include the cost of telephone wires
There were no further comments and the meeting was declared
closed at 8 45 p m
MARY B WINSOR
Principal Clerk
I
I
315
SELECTMEN'S MEETING
January 17, 1977
A regular meeting of the Board of Selectmen was held in the
Selectmen's Meeting Room, Town Office Building, on Monday, January
17, 1977 at 7 30 p.m Chairman Kassler, Mr Bailey, Mr Buse,
Mrs.Battin and Mrs Miley; Mr Hutchinson, Town Manager; Mr Cohen,
Town Counsel; Mr McSweeney, Director of Public Works/Engineering;
Mrs McCurdy, Executive Clerk, were present
Mr Thomas Plouffe, General Manager of the Hudson Bus Lines, Comm Carrier
Medford, met with the Board regarding the application for a Common Hudson Bus
Carrier licens: to pick up and discharge passengers to and from Lines Airport
Logan Airport He explained that, according to the statute, the Service
carrier must receive permission in the form of a license from the
municipality and then we go before the MBTA and file an applica-
tion for routes, and a public hearing is held After the MBTA
Board of Directors evaluates the transcript, they make the decision
to grant or deny Before we apply to MBTA, we must have a license
attached to our petition It is our intention to supply service to
Logan Airport as there is no direct public transportation (people
could take the "T" but it is circuitous) and we would come under
the META; our fares are under public passenger vehicles Our
company has been providing common carriers in the Commonwealth since
1968 A hotel-motel service is needed and we propose to start at the
Chalet Susse on Bedford Street There would be one along the 128
route and another along Massachusetts Avenue going through Arlington;
the fare would be $6 50 but along Massachusetts Avenue it would be
lower
Upon motion duly made and seconded, it was voted to grant a
Common Carrier license to Kenneth Hudson, Inc d/b/a Hudson Bus
Lines, 70 Union Street, Medford, to establish routes in Lexington
for the transportation of passengers for hire over ways and streets
in Lexington to and from Logan Airport, as follows
On Massachusetts Route 128 from the Burlington Town Line to the Waltham
City Line
On Massachusetts Route 128, the access and egress roads to Bedford Street
(Massachusetts Route 4 and 225) and vice versa
On Massachusetts Route 128, the access and egress roads to Marrett Road
(Massachusetts Route 2A) and vice versa
On Bedford Street (Massachusetts Route 4 and 225) from the Bedford Town
Line to Massachusetts Avenue
On Marrett Road (Massachusetts Route 2A) from Massachusetts Avenue to
Spring Street
316
Selectmen's Meeting January 17, 1977
On Massachusetts Avenue from the Lincoln Town Line to Marrett Road
On Massachusetts Route 128, the access and egress roads to the Con-
cord Turnpike (Massachusetts Route 2 or the so-called Cambridge-
Concord Highway) and vice versa
On the Concord Turnpike (Massachusetts Route 2 or the so-called
Cambridge-Concord Highway) from the Lincoln Town Line to the access
and egress roads to Waltham Street
On Waltham Street from the access and egress roads of the Concord
Turnpike (Massachusetts Route 2 or the so-called Cambridge-Concord
Highway) and Hayden Avenue and vice versa
On Hayden Avenue from Waltham Street to Spring Street
The access and egress roads from Hayden Avenue to the Concord Turn-
pike (Massachusetts Route 2 or the so-called Cambridge-Concord
Highway) and vice versa
On Spring Street from the Waltham City Line to Marrett Road
The ,mcess and egress roads of Spring Street and the Concord Turnpike
(Massachusetts Route 2 or the so-called Cambridge-Concord Highway)
On Concord Avenue from Spring Street to the access and egress roads
of the Concord Turnpike (Massachusetts Route 2 or the so-called
Cambridge-Concord Highway) and vice versa
On Massachusetts Avenue from Bedford Street to the Arlington Town
Line
On Hartwell Avenue from Bedford Street to Wood Street
On Wood Street from Hartwell Avenue to the Bedford Town Line
On Maguire Road from Hartwell Road to Mellex Road
On Westview Street from Hartwell Road to the intersection of Summer
Street and Maguire Road at the Bedford Town Line
On Hartwell Place from Hartwell Avenue to its present terminating
point
On Forbes Road from Marrett Road (Massachusetts Route 2A) to its
present terminating point
Town Manager Mr Hutchinson advised the Board of (1) a future request for a
Items transfer to Account 4900-D P W Personal Services Overtime; (2)
317
Selectmen's Meeting January 17, 1977
appointment of Review
pp t the Acting Fire Chief to be made shortly; (3)
of candidates for Patrolmen having been completed, appointments to be
made in the near future
The Board discussed the application from Seseme, Inc , 321 Woburn Comm.Vict
Street, for a 1977 Common Victualler license and agreed to grant the Seseme, Inc
license for two weeks until the restaurant is brought up to Board of
Health standards
Upon motion duly made and seconded, it was voted to grant a
Common Victualler license, expiring January 31, 1977, to Seseme, Inc ,
321 Woburn Street, with the clear understanding of compliance with Board
of Health standards
The Board discussed the twelve taxicab licenses of Lexington Taxicab
Transportation, Inc which had expired on January 10, 1977 A re- Licenses
port from Chief Corr stated that six of the nine vehicles inspected
by the Registry of Motor Vehicles had their plates removed and were
cited; since that time only three taxicabs have been operating from
the stand at Depot Square After being informed by the Selectmen's
office that taxi operator' licenses had expired, a check revealed
that three cab operators were in violation and were issued citations
for operating without a valid taxi operators' permit The recommenda-
tion is for a 45-day extension of the taxicab licenses in order to
give Mr Aronson time to comply with the latest demands by the Police
Department to put his cabs in order If, at that time, he has not
done so, it is recommended that his permits not be further renewed
Mrs Miley expressed her feelings against granting the licenses
as the Board had warned the owner last July that if the taxicabs
didn't meet the specifications of the Police Department, we would not
grant the licenses She had noticed that after the Registry had
taken six cabs off the road, there was only one cab at the stand,
and she wondered what the people were doing for service
Chairman Kessler said that people were calling cabs from the
Towns where they wanted to go He read a letter from Joseph Scafidi
of Wal-Lex Taxi, Inc requesting a meeting with the Board to discuss
an application for four or five medalions to operate in Lexington
The Board agreed to invite Mr Arsonson, owner of Lexington
Transportation, Inc and Mr Scafidi to the meeting scheduled for
January 19, to discuss the current situation concerning taxicabs
Representatives Carol Amick and Edward Dickson met with the Bedford St
Board State DPW
Rep Amick informed the Board that she had met recently with
DPW Commissioner Carroll concerning Bedford Street traffic At
her request, DPW engineers are looking at possible solutions to the
Bedford Street/Eldred Street situation In discussion, they re-
iterated that because the ramp at 128 is so close, there is a problem
with cars coming out of there Ultimately, the perfect solution
318
Selectmen's Meeting January 17, 1977
might never be reached, but alternate proposals might be to have
another lane at the jughandle (Hartwell Ave ) to help storage of
cars, and to have another lane at the access to open up space at
Bedford and Eldred Streets Unfortunately, it doesn't seem that
we are ever going to see a traffic light there One good thing
about the additional ramp lane is that it is on state land and the
cost would be incurred by federal funds, and Comm Carroll feels
that there might be money available He had directed his engineers
to look at all reports that have been done in this area in the past
Chairman Kessler asked if the state had indicated when they
would get back to Rep Amick?
Rep Amick replied that Comm Carroll had indicated three or
four weeks, but also said that nothing might come of it as previous
plans had been turned down because they meant too much change and
damage to Bedford Street but it might be done with little change,
and they will take a look at it
Mrs Battin addressed Representatives Amick and Dickson and
informed them that the Massachusetts Selectmen's Association and the
Massachusetts League of Cities and Towns had set up a legislative
network for meetings to be held with our legislators to discuss the
erosion of home rule, and tonight we want to discuss three bills
which are unanimously supported by the Board of Selectman--Compul-
sory Binding Arbitration, Local Aid, and State mandated programs
Rep Dickson said that he was pleased to meet with the Select-
men and, as a result of this discussion with legislators, he hoped
that it would be pursued on the hill The Governor has said that
he absolutely will not approve plans that would impose additional
costs on communities, and he thinks that the legislature also has
gotten the message Governor Dukakis has said that money will be
coming back to the cities and towns this year Originally, they
were talking about $25 million but it is now down in the area of
$15 million
On compulsory arbitration, he leaned towards an extension of
time beyond June 30, 1977, but if some reasonable compromise is
struck, he might support it The Governor has suggested placing
some kind of a limit on compulsory binding arbitration He did not
think that collective bargaining would be repealed
Rep Amick supported the positions of the Mass Selectmen's
Association and the Mass League of Cities and Towns She said
that she does come in occasionally to meet with the Selectmen and
felt that these meetings with legislators are an excellent idea
Mrs Battin and Mrs Miley are quite active in the group of
elected women elected officials, and they have met with the
legislative women's caucus We are, at their request, going to
establish an ad hoc committee to further discuss issues that are
of concern to you. Through this ad hoc committee, they will be
meeting with other legislators, and will have that much more power
and ability to lobby
Rep Dickson advised the Board that if they are upset about
legislation, to let the legislators know in good season
319
Selectmen's Meeting January 17, 1977
Chairman Kessler thanked Representatives Amick and Dickson for
meeting with the Board He explained that Representative Cole was
unable to attend this evening but he has indicated that he agrees
with the position of the Board Senator MacKenzie had a previous
commitment; he had planned on coming to the scheduled meeting with
the Board on January 10, which was cancelled because of the storm
Later on, Senator Rotondi came into the meeting and informed
the Board that he opposed state mandated programs and the Selectmen
could count on a moratorium being voted He stated that he was
opposed to collective bargaining
Chairman Kessler asked Senator Rotondi if he had questions of
the Board
Sen Rotondi replied that there should be better lines of
communication As the bill on Blue Laws is coming up tomorrow, and
he represents four precincts in Lexington, he would like the sense
of the Board
Mr Busa recommended keeping stores closed on Sunday
Chairman Kessler said that, personally, he would like to leave
it up to local cities and towns He thought it an archaic law and
didn't want the state to mandate that Each city and town should
make it known to their officials as to how they want it
Senator Rotondi informed the Board that arrangements are being
made for him to come to Lexington in March to meet with citizens on
local questions and concerns
Chairman Kessler thanked Senator Rotondi for meeting with the
Board
Chairman Kessler read applications for approval of new Managers Liquor Lic
Upon motion duly made and seconded, it was voted to approve New I1grs
Mr Joel G Berman as the new Manager of Berman's Market, 55 Mass Berman's
Avenue, under the Retail Package Goods liquor license Yangtze Rest
Upon motion duly made and seconded it was voted to approve Mr
Wei Jen Ong as the new Manager of Ong, Ong, Inc , d/b/a Yangtze
Restaurant, 21-23-25 Depot Square
The Board signed the applications to the Alcoholic Beverages
Control Commission for approval of the above Managers
The Board discussed the Selectmen's safety deposit box at the Selectmen's
County Bank Three members of the Board of Selectmen had opened the Safety De-
box on September 28, 1973 and found that it contained only absolete posit Box
combinations of vaults in the old Town Office Building
Upon motion duly made and seconded, it was voted to cancel the
safety deposit box held by the Board of Selectmen at the vault of the
County Bank of Lexington
Chairman Kessler read a report from the Traffic Safety Committee Parking -
regarding parking conditions on Waltham Street Mr Louis Spencer Waltham St
conducts a funeral home at 52 Waltham Street and the Committee unani- Spencer
32U
Selectmen's Meeting January 17, 1977
mously disagreed with Mr Spencer's contention that expanding the one
hour parking restriction to include the hours of 6 00 p m. to 9 00
p m., seven days a week, would eliminate the parking problems that
visitors to his establishment are experiencing The simple fact is
that the number of parking spaces does not meet the demand, and
changing the hours on Waltham Street will not decrease the number of
vehicles looking for parking spaces, and will not help Mr Spencer
Further, the Police have only one man in the Center during the
evening and to instruct him to strictly enforce the meters will only
serve to divert him from his more important duties To solve the
problem to Mr Spencer's satisfaction, there are two alternatives;
(1) to give preferential treatment to Mr Spencer by reserving
spaces - which the Committee vehemently opposes as it will be a
detriment to all other businesses in the area (2) expansion of
the municipal parking areas The Committee endorses this idea and
believes it should be pursued for the good of the Town as a whole
Mrs Miley pointed out that there are signs in front of Mr
Spencer's funeral home reading, "Parking Spaces Reserved," and
apparently they are not valid
Mr Spencer replied that he was privileged to put up three
signs which were previously granted by the Board of Selectmen but
if anyone wants to park there, he has no authority to enforce
After discussion, the Board agreed to turn the matter over to
Mr Hutchinson and request him to confer with Mr Briggs, Planning
Director, and submit a joint recommendation on parking problems on
Waltham Street
Traffic Rules Chairman Kessler read a recommendation of the Traffic Safety
Amendment Committee to make the portion of Clarke Street from Raymond Street
Clarke St to the Cary Library exit driveway open to two way traffic, with the
understanding that Clarke Street from the exit driveway to Massa-
chusetts Avenue will remain one-way northeasterly
Upon motion duly made and seconded, it was voted to amend the
Traffic Rules and Orders of Lexington, as follows
By deleting from Article VII, Section 1, Schedule #5;
Location Direction From To
Clarke Street Northerly Forest Street Mass Avenue
And by adding to Article VII, Section 1, Schedule #5
Location Direction From To
Clarke Street Northerly 240' south of Mass Avenue
Mass Avenue
Street Light Chairman Kassler read a recommendation from Mr McSweeney, Di-
Concord Ave rector of Public Works/Engineering, that approval be granted for
the installation of a street light on existing pole #16/563 located
321
Selectmen's Meeting January 17, 1977
1 +
in front of 562 and 564 Concord Avenue, as requested by Dr John
Lawson of 562 Concord Avenue and Mr Laurence Taylor of 564 Concord
Avenue
Upon motion duly made and seconded, it was voted to approve
the recommendation to install a street light on existing pole #16/563
located in front of 562 and 564 Concord Avenue, and to request Mr
McSweeney to make the necessary arrangements with the Boston Edison
Company
Chairman Kassler read a recommendation from Mr McSweeney, Di- Heidke
rector of Public Works/Engineering, that a new sewer charge in lieu Sewer
of betterments be assessed against Lots 249 and 250 Wood Street in Charge
the amount of $475 04 The previous sewer betterment for Lots 249
and 250 on Old Wood Street was $175 46, which was abated on 10/9/61
for so-called illegal street frontage The Board of Selectmen, with
the authority of the 1976 Annual Town Meeting, voted to sell to the
owners of lots 249-250 the land in question; this now gives these
lots street frontage and in turn, makes sewer available The owner,
Mr Philip Heidke, has made application for sewer and water service
and this sewer betterment charge must be approved by the Board of
Selectmen
Upon motion duly made and seconded, it was voted to approve
the recommendation of the Director of Public Works/Engineering to
assess a sewer charge in lieu of betterment in the amount of $475 04
against Lots 249 and 250 Wood Street
Mr Bailey discussed the request from Mr Rommell, Administra- Baseball
tor of Lexington Little and Senior Baseball Leagues, for a parade Parade
permit on April 30, 1977 Because another baseball league, Lex-
ington Baseball Association, Inc , annually requests a parade per-
mit in April, Mr Bailey recommended that the matter be referred to
the Recreation Committee to contact each league to make arrangements
for having one baseball parade, under the aegis of the Recreation
Committee When plans have been finalized, the Board of Selectmen
will then vote to grant the parade permit
Upon motion duly made and seconded, it was voted to refer the
matter of a joint baseball parade to the Recreation Committee, as
recommended by Mr Bailey
Mr Bailey informed the Board that he, Mr Buse, and Mr Min.Man
Hutchinson had attended the Minuteman Regional Vocational Techni- School Budget
cal School budget meeting last week He felt uneasy about the
49 6 percent increase in the overall school operating budget;
Lexington's assessment has increased $13,565 over last year's
total of $506,000 The basic explanation given was that they
were going to have a very good vocational school, and the reason
for the increase was that they were away behind last year The
final budget will be voted upon tomorrow evening
322
Selectmen's Meeting January 17, 1977
Mr Hutchinson
agreed with Mr Bailey and expressed his con-
cern about thirty new teachers and thirteen on the clerical staff,
which he considered a high ratio By 1981, we will be picking up
more of the cost of the School
DPW-Cap Mr Hutchinson presented the D P W Capital Expenditures Bud-
Budget get The 5-year forecast is $1,599,000 After review of the
original requests, Mr McSweeney submitted a figure of $725,455
for FY 78, and this has been reduced to $662,745 ($988,400
approved for FY 77)
Based on priorities, the recommendation is $441,000 for
sewers; $392,000 for laterals and $49,000 for trunk sewers
Laterals Barnes Place-$21,000 copy through Amherst Street-
$17,000
Trunk Sewer Amherst Street-$32,000
In response to a question if the Board of Health is aware that
the remainder of sewer requests had been deleted, Mr Hutchinson
agreed to inform them
Water Mains 0; existing programs to continue and no new projects
this year
Storm Drains 0; work with existing appropriation and allocate
$13,000 for Whipple Street and Mass Avenue Re-
maining monies to be utilized for Wood Street and
Mass Avenue
Street Construction of the $375,000 requested, the recommendation
is 0, as there are enough projects on the books
now It is recommended that construction of
Banks Avenue, Cushing Street, and Emerald Street
be deferred
Sidewalks 0
Curb Constructions 0
Traffic Signal Installation 0
Chapter 90 $60,000; involves Hancock Street
Road Machinery $126,945 Shovel Dozer-$62,745; Back Hoe-$32,000;
Reel Mower-$3,200; Pick-up-$5,000; Carryall-$6,000;
$18,000 for repairs to Caterpillar Shovel Dozer
DPW Storage Building 0; it may be possible for an in-house proposal
for an addition
Mr Furash asked Mr Hutchinson for details of the amounts de-
ferred for last year and deferrals for FY 78 Mr Hutchinson agreed
to submit a list to the Appropriation Committee
Sanitary Landfill Mr Hutchinson recommended 0 funds Money will
be expended in our operating budget We might
get into a refuse collection
Westview Cemetery 0; we have given consideration in the expense
budget and equipment
323
Selectmen's Meeting January 17, 1977
Brook Reclamation 0; we would hope to utilize existing money at
this time
Comprehensive Drainage Study $35,000 (second year of the study)
Cary Branch Library Painting To be submitted next week
Mr Hutchinson explained to the Appropriation Committee that he
and the Board of Selectmen have tried to be frugal, and all depart-
ments have been responsive
Mr. Furash, Chairman of the Appropriation Committee, stated
that he was very pleased with the presentation The proposal sub-
mitted will mean $1 25 on the tax rate
The Board agreed to discuss D P W Expense Budgets on January
19
The Appropriation Committee retired from the meeting
In accordance with the previous discussion betterment streets, Deletion -
the Board agreed to accept Mr Hutchinson's recommendation not to Betterment
lay out the four streets Streets
Upon motion duly made and seconded, it was voted not to lay
out the following streets Banks Avenue, Cushing Street, and
Emerald Street
Upon motion duly made and seconded, it was voted to lay out Lay Out
the following subdivision streets Subdivision
Brent Road - From Hathaway Road a distance of 650 feet, more or Streets
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 Brook Road
Lois Lane - From Beford Street a distance of 950 feet, more or less,
to end
Upon motion duly made and seconded, it was voted to approve Discontinuance
the discontinuance of the following streets Streets
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
Mrs Battin asked about Human Services and a Youth Director Human
Mr Hutchinson replied that there would be no money in the Services
budget, but he intends to have someone in his office coordinate
and work with agencies
Mrs Battin recommended a meeting with the Town Manager, the
Drug Advisory Committee, and the Youth Advisory Committee to discuss
Human Services
Upon motion duly made and seconded, it was voted to insert the Articles
following Articles in the Warrant for the 1977 Annual Town Meeting
32 4
Selectmen's Meeting January 17, 1977
LIST OFARTICLES
I LES
1977 WARRANT
1 Election
2 Reports
3 Lectures Committee
4 Budget
5 Collective Bargaining Supplemental Accounts
6 1976 Supplementary Appropriations
7 Unpaid Bills
8 Reserve Fund
9 Audit
10 Library Aid
11 Supplemental Amounts for Capital Projects
12 Street Lights
13 Appraisals
14 Tax Anticipation Borrowing
15 Curb Construction
16 Drain Construction
17 Water Main Construction
18 Sidewalk Construction
19 Sewer Laterals Construction
20 Trunk Sewer - Amherst Street
21 Accept Federal Funds for Sewers
22 DPW Equipment
23 Chapter 90-Highway Construction
24 Drainage Study
25 Westview Cemetery Development
26 Pain Branch Library
27 Install Book Security System in Library
28 Revaluation
29 New Fire Truck
30 Citizens Article-Money for Retarded Citizens
31 Sanitary Land Fill-Curbside Pick-up
32 Sanitary Land Fill-Resource Recovery Site
33 School Article
34 Center Pool (Perm Bldg Comm. Suggestion)
35 Tennis Courts
36 Trails
37 Improvement of Playfields
38 Bike Paths
39 Soccer Goal Posts
40 Citizens Article - Ball Field Lighting
41 Conservation Land Acquisition - Grey Nuns Charities, Inc , Mass Ave
42 " " Lucky Penny Trust, Grove St
43 " Cosgrove Land, Wood St
44 Foley & Sayre, Cranberry Hill
45 " Wilson, Follen Hill
325
Selectmen's Meeting January 17, 1977
III 46 Whipple Hill transfer
ansfer
47 Meagherville Land transfer
48 Tax title Land transfer
49 Hillside Avenue Land transfer
50 Land swap-Marrett Road
51 Gift of Land on 128
52 Conservation Fund
53 Acquire Land on Summer St
54 Accept Brent Rd , Emrson Rd , Suzanne Rd , Lois Lane
55 Discontinue Hinchey Rd , Portion of Wood St
56 Change Names of 5 Streets
57 Filing Fees
58 By-Law Amendment-License fee for gasoline storage
59 -Membership Council on Aging
60 -Section 23 of Article 5
61 -Notice for Special Town Meetings
62 Citizens By-Law Amendment-Section 30 of Article 5 - Vote of
30 Town Meeting Members to Challenge
any motion
63 Citizens By-Law Amendment-Discharge of fire arms
64 Dissolve Standing Plumbing and Building Committee
65 Citizens Article-Appoint Comm Problems of Aged
III 66 Youth Commission
67 Accept 98 of Chapter 32B
68 Accept C 586 of 1975
69 Accept gift from Bicentennial Corp
70 Set up Remembrance Fund-Westview Cemetery
71 Housing Authority Article-Off Lowell Street
72 It " " -Woburn Street Zoning
73
II II II - II II VP
74 Planning Board Articles - Zoning Changes
75 11 II II II II
76 �� U 0 - II II
77. II II II - VI II
78 II II II - II It
79 1I II II - VI II
80 II II It - tt II
81 II �� II - II 11
82 II " " - II VI
83 II I1 II - II "
84 ,� n -
II
85 II " - Amend General By-Laws - Wetland Protection
86 Citizens Article-East St Zoning -
87 -Bedford St Zoning
88 �� II IV " II
89 �� " VI II II
90 Tax Rate
�ys
4.26
Selectmen's Meeting January 17, 1977
Executive Upon motion duly made and seconded, it was voted 5-0 to go
Session into Executive Session for the purpose of discussing strategy
with respect to personnel, with no intention of resuming the
open meeting
Upon motion duly made and seconded, it was voted to adjourn
at 10 30 p m.
A true record, Attest
.c,-)111/ 07/ ;)A
Executive Clerk, Selectmen
I
327
SPECIAL
SELECTMEN'S MEETING
January 19, 1977
A special meeting of the Board of Selectmen was held in the
Selectmen's Meeting Room, Town Office Building, on Wednesday,
January 19, 1977 at 7 30 p.m Chairman Kassler, Mr Bailey,
Mr Busa, Mrs Battin and Mrs Miley; Mr Hutchinson, Town Mana-
ger, Mrs McCurdy, Executive Clerk Were present
Mr Edward Tippett, President of Arlex Taxi Corporation, Inc , Taxicab
met with the Board to request renewal of the twelve taxicab Licenses
licenses previously issued to the Lexington Transportation Co ,
Inc , Alan Aronson, President
Mr Tippett explained that he had bought the company on
January 10, 1977 at 6 00 p m with the understanding that the taxis
were licensed until May 1, 1977 He had purchased ten new 1977
Plymouth sedans, four of which are to be used in Lexington along
with eight of the older vehicles operated by the previous company
He is currently installing radios and meters in the new cabs, and
the older vehicles are being serviced and reconditioned; he will
continue to do so until they are replaced before the end of the
year
Chairman Kassler said that all taxicabs were taken off the
road this morning by order of the Board, as the licenses had ex-
pired on January 10 In essence, this is an application from a
new company, and Mr Tippett is asking that he not be held re-
sponsible for the previous operation
Mr Bailey said that we have a letter from Scafidi of the
Waltham Taxi of Waltham requesting a meeting with us to discuss
the possibility of his company operating in Lexington If we
grant a 30-day license, we should let Mr Scafidi know about it
Mr Busa felt that two taxicab companies could operate in
Lexington
Mrs Miley objected to the granting of a 30-day license at
this time until all taxicabs were inspected and approved by the
Police Department
Chairman Kassler, Mr Bailey and Mr Hutchinson agreed that
Mr Tippett had shown good faith by assuring the Board that he would
bring the cabs up to safety standards, and recommended the 30-day
licenses
Upon motion duly made and seconded, it was voted to issue
twelve taxicab licenses to Arlex Taxi Corporation d/b/a Lexington
Cab Company for a thirty day period expiring February 22, 1977,
subject to the clear understanding that all vehicles are to be
maintained and operated in accordance with the conditions of the
328
Special
Selectmen's Meeting January 10, 1977
Board of SelectmenthePolice nd Department
a
The Board agreed to invite Mr Scafidi of Wal-Lex Taxi to
attend the meeting on January 24 to discuss his request to operate
in Lexington
Personnel The Board discussed a vacancy on the Personnel Advisory Board.
Advisory Upon motion duly made and seconded, it was voted to appoint
Board Appt Mr W Neil Chapman a member of the Personnel Advisory Board for
a term of office expiring March 31, 1979
Mr McSweeney and Mr Coscia of the D P W , Mr Capbell and
Mr Perry of the Appropriation Committee were present
D P W Mr Hutchinson presented the D P W operating budget FY 77
Budgets approved budget was $975,310; FY 78 requested $1,112,075; Manager
and Board of Selectmen recommend $1,043,695
Account 5000 - Director's Account Recommendation $9,150
5150 - Engineering 4,750
5250 - Town Office Buildings 154,500
5400 - Highway Maintenance 88,550
5450 - Road Machinery 135,100
5500 - Snow Removal 109,000
5550 - Traffic Regulations & Street Signs 23,400
5600 - Street Lights 207,000
5700 - Sewer Maintenace & Service 53,550
5800 - Garbage Collection 96,000 (Actual figure
by Town Meeting)
5850 - Sanitary Landfill 59,000
5900 - Water Maintenance & Service 35,710
6000 - Park Division 36,435
6050 - Insect Suppression 8,500
6100 - Shade Tree 9,850
6150 - Dutch Elm 4,200
6400 - Cemeteries 3,585.
Mr Hutchinson informed the Board that he approved Mr McSweeney's
recommendation to return $70,000 of FY 77 to E & D, as follows
Account 5250 - Cary Memorial Identification Sign 1,000
5400 - Highway Maintenance, Bituminious
Products Seal Coating 10,000
Article 11 of 1976 - Brooks & Stream Cleaning 15,000
Article 16 of 1976 - Curb Construction 8,000
Article 19 - Sidewalk Construction 27,000
Article 39 of 1976 - Estabrook School Drain 9,000
Mr Bailey objected and stated that the Board had worked hard to
get the money approved He felt that money for sidewalks and curbing
329
Special
Selectmen' s Meeting January 19, 1977
should be kept
p in, and money for emergencies
Mr Hutchinson pointed out that there is nothing in the E & D
account
Upon motion duly made and seconded, it was voted to accept the
recommendation of Mr Hutchinson and Mr McSweeney to return
$70,000 to E & D
Upon motion duly made and seconded, it was voted to adjourn at
9 40 p.m
A true record, Attest
Executive Clerk, Selectmen
I
3O
SELECTMEN'S MEETING
January 24, 1977
A regular meeting of the Board of Selectmen was held in the
Selectmen's Meeting Room, Town Office Building, on Monday,
January 24, 1977 at 7 30 p m Chairman Kassler, Mr Bailey, Mr
Busa, Mrs Battin and Mrs Miley; Mr Hutchinson, Town Manager;
Mr Cohen, Town Counsel; Mr McSweeney, Director of Public Works/
Engineering; Mrs McCurdy, Executive Clerk, were present
Conservation Mr Clifford Prentiss and Mr David Williams met with the
Guide Book Board to present copies of the "Guide to Town Conservation Land "
On behalf of the Board, Chairman Kassler thanked the Conserva-
tion Commission for a successful project of mapping Conservation
lands for the information of our citizens concerning bicycle Paths,
trails, and recreation
Traffic Mr Albert Laing and Mr Joseph Belcastro of the State DPW,
State DPW/ Mr Michele Lombardo and Mrs Ruth Wales of the Minuteman Regional
Min.Man School Vocational Technical School met with the Board to discuss traffic
conditions at the school
Mr Laing said that they are meeting with the Board to see what
can be done to correct traffic control signals at Route 2A and the
school They feel that the ultimate solution would be an additional
lane but they will try to do it with the existing equipment, as
people trying to make a left hand turn are hindered by traffic
Mr Belcastro added that the present traffic control is pre-
timed, calling for an exclusive turn into the school, and they
propose having a detector in position so that people can make the
left turn This would allow for as many cars to go through as the
call is put on the detector; the number of cars would depend on the
timing adjustment
Chairman Kassler pointed out that there is no place to store
cars, and he asked if there is any way of letting people know earlier?
Mr Laing replied that, now, all the cars behind must stop
There is only one lane in the west direction so the first car to
stop there holds up traffic; the ideal solution would be to have
a west-hand lane
Mr McSweeney felt that it is an improvement worth trying
Chairman Kassler asked what action they are looking for from
Lexington?
Mr Laing replied that the Town of Lexington would put in the
detector and the State would accept ownership of the signal The
cost would be $1,000
Mr McSweeney said that when Mr Laing refers to the Town of
Lexington, he means the Minuteman School The only thing the Town
of Lexington did was to file the application, and we have assumed
334
Selectmen's Meeting January 24, 1977
the responsibility for the power
Mr Cohen explained that the State has dealt with the Town and
the Town of Lexington signed the agreement However, he believed
that the Minuteman School actually takes on the cost
Mr Laing stated that the State can only deal with the munici-
pality
Mr Cohen replied that the Minuteman School is a municipality;
it is a regional school district involving twelve towns.
Mr McSweeney said that once the light is accepted, the State
then takes over the operation and maintenance of the signal
Further discussion included the information that congestion
is not only caused by buses but from industry in the area; also,
that the initial plan called for a second driveway access road at
the school
The Board agreed that Mr Buse is to make arrangements for
convening a meeting the Traffic Safety Committee and representatives
of the State DPW and the Minuteman Regional School to come up with a
proposal for a solution to the present traffic problem at Route 2A
and the School
Mr Hutchinson requested approval of a request for a transfer Fire Dept
from Account 9000 to Account 4110-Fire Department in the amount of Transfer -
$4,000, which would provide for vacation pay for Joseph Marshall
and the appointment of Henri Fradette as Acting Chief with a salary
of $25,000
Upon motion duly made and seconded, it was voted to authorize
the Town Manager to make arrangements for the transfer of $4,000
from Account 9000 to Account 4110
Chairman Kessler read an application for a Common Carrier li- Common Carrier
cense License-
Upon motion duly made and seconded, it was voted to approve Bicenten Tours
a Common Carrier license, expiring December 31, 1977, to Bi-
Centennial Tours, Waltham, for the transportation of passengers
for hire by motor vehicle along Route 2A, Massachusetts Avenue
and Hancock Street to historical sites, with stops at Museum of
Our National Heritage, Munroe Tavern, Buckman Tavern, and Hancock
Clarke House
Chairman Kessler read a request for rental of Cary Hall Cary Hall
Upon motion duly made and seconded, it was voted to grant Rental
permission to Lexington Friends Community Residence, Inc , 45
Forest Street, to rent Cary Memorial Hall for a benefit concert
by the New Black Eagle Jazz Band on Saturday, April 30, 1977, from
8 30 p m to 11 00 p m at the rate of $35 00 for the Hall, plus
custodian, policeman and fireman for special duty
Chairman Kessler read a recommendation from the Traffic
Safety Committee to amend the Traffic Rules and Regulations to
332
Selectmen's Meeting January 24, 1977
Traffic include a Stop sign at the intersection of Burlington Street and
Amendment- Grove Street
Burlington & Upon motion duly made and seconded, it was voted to amend the
Grove Sts - Traffic Rules and Orders of Lexington by adding to Article 8,
Stop Sign Section 22, Schedule 7, the following
Street Location Regulation
Burlington Street Southwestbound at Grove Street Stop
Bonds- Chairman Kassler read a request to approve bonds for Deputy
Deputy Collectors
Collectors Upon motion duly made and seconded, it was voted to approve
the request from Mrs Doris E Barclay for approval of bonds for
the following Deputy Collectors Paul E Kelly, Patrick J
Moynihan, and John M. Stygles, in the amount of $5,000 each
Center Pool For the information of the Board, Mr Hutchinson advised that
Study the Permanent Building Committee has selected Sasaki Associates of
Watertown, and he is executing an agreement, on behalf of the
Committee, for their services concerning the Center Pool
Min Man Mr Roland Greeley, Lexington's representative on the Minute
Park Adv Man National Historical Park Advisory Commission, met with the
Commission Board to discuss the decision of the Office of Management and Bud-
get to disband the Commission He urged the Selectmen to write to
our representatives in Congress to support the appeal of the
Minute Man Park Service for reconsideration, and to strongly urge
the OMB be persuaded to continue the operation of the Advisory
Commission Mr Greeley felt OMB action could not have been for
economic reasons as the total cost is estimated at $320 00 per year
for the federal government, with no funds involved for the three
representative towns
The Board thanked Mr Greeley for calling the matter to their
attention and agreed to write to our Congressman and Senators
urging their support in persuading the Office of Management and Bud-
get to reestablish the Commission
1976 Art 80- Mr William Page met with the Board to discuss Article 80,
Policy Opt which the 1976 Annual Town Meeting had referred to the Board of
Committee Selectmen for consideration of the establishment of an Information
and Policy Options Committee He suggested that there be some
identification of people to work on assignments, and he would be
glad to help and get back to the Board with names
Mr Bailey said that he would like to see a copy of the Town
Meeting vote before he discussed the matter
Mr Busa objected to any discussion until he had more back-
ground information
Mr Page offered to meet with Mr Busa, and the Board agreed to
defer discussion of Article 80 until Mr Busa has met with Mr Page
to obtain the necessary information
Selectmen's Meeting January 24, 1977
Mr Edward Tippett, President of Arlex Taxi Corporation d/b/a Tippett-
Lexington Cab Company, met with the Board Lex Taxicabs
Mr Hutchinson read a report from Police Captain Lima stating
that he had conducted an inspection on January 21, accompanied by
Inspector Gomes of the Registry of Motor Vehicles on the twelve
cabs licensed by the Board of Selectmen on January 19, Five taxi-
cabs, 6847, 6855, 6836, 6882, and 6877, were found to be in poor
condition because of defective brakes, rear tail lights not working,
etc , and all but one had broken meter seals The other seven were
not inspected as they were told that four of the cabs were disabled
in Arlington, and three were at Hub Motors and Meter Shop in Boston
Mr Hutchinson expressed disappointment in the results of this
inspection and stated that Lexington would be better served by
vehicles in better condition and up to safety standards
Mr Tippett explained that the week after he had taken over
the business, the Registry had taken them off the road and, when
the Registry said that he could put them back on, he did not give
all of those cabs to Lexington Some cabs are tied up with trans-
mission trouble and the rest are having meters and radios installed
Mr Busa said that, according to the report, the cabs are un-
safe and, before they are put back on the road, you must get the
approval of Captain Lima
Mr Tippett said that they are not all on the road
Chairman Kassler said that invitations had been given to Mr
Scafidi of the Wal-Lex Taxi Co of Waltham and Mr River of the
Bedford Town Taxi to attend this meeting to discuss their letters
of application to operate in Lexington Mr Rivet was not present
but Mr William Belliveau was recognized
Mr Belliveau, representing Mr Scafidi, said that when Mr
Scafidi wrote the letter, Lexington was without a cab company but
now he is leery of coming into a town where there is already an
established company
Chairman Kassler said that there is an opportunity for another
cab company to come in
Mr Belliveau replied that it would take a month or so to get
the vehicles He added that he was not sure why he was at the
meeting but Mr Scafidi was not able to make it. He understood that
Mr Tippett's company was on a trial basis and, if after the thirty
days are up and Lexington needs a cab company, please call them;
but right now, no
Mr Hutchinson asked Mr Tippett to respond to the Board as to
what he is doing, as the Board wants to know if the situation will
be corrected
Mr Tippett said that when he took over on January 10, he had
invested a lot of money and he may be in a slight pinch All
licenses were transferred to him and he didn't know that they were
revoked He had been given 30 days and no cab company could do it
in that time; lettering takes more than 30 days The Registry men
334
Selectmen's Meeting January 24, 1977
were there and it takes time to put a motor in and fix the meters
Mr Bailey reminded him that the Board had made this clear to
him last week and, so far, there hadn't been much action on his part
Chairman Kassler said that Mr Tippett would have the remainder
of the 30 days and inspections would be made by the Police Department
Mr Busa cautioned Mr Tippett not to put any cars back on be-
fore being inspected
Chairman Kassler pointed out that the Board did not want to
discuss having another taxi company in Lexington without Mr
Tippett being present Therefore, the Board is demonstrating
good faith in its desire to have a good taxi company and good,
safe, clean taxis We are going to have it whether we have one or
two companies He asked Mr Belliveau to tell Mr Scafidi that the
trial period is still on
Mr Hutchinson agreed to work with Mr Tippett and the Police
Department on inspections
Upon motion duly made and seconded, it was voted to adjourn at
9 30 p.m
A true record, Attest
)1)1 A48-kr-.-7
Executive Clerk, Selectme
•
111 SPECIAL
SELECTMEN'S MEETING
January 25, 1977
Present Chairman Kassler, Mr Bailey, Mr Busa, Mrs Battin and Mrs
Miley; Mr Hutchinson, Town Manager; Mrs McCurdy, Executive
Clerk 7 30 p m.
The Appropriation Committee met with the Board to discuss Expense Police
budgets Chief Corr was present during the discussion of the Police Budgets
Department budgets
Mr Hutchinson said that Account 3800 was submitted at $126,615
but, after review, reductions totaling $2,850 were made and it is now
submitted at $122,765 vs $118,600 in FY 77 Increases are modest,
about 4 percent; a minor increase in printing but a major increase in
gasoline; last year $25,000; this year, $30,000 for gasoline and oil
Also, $1,000 increase for telephones Chief Corr's car is on the road
because of an accident which totaled a police car ($1400) We propose
to get a transfer to replace the car (There is a good rotation pro-
gram on cars )
There is no change in manpower but a promotion is involved We
have authorized strength of 54 and we are at 51 with 5 provisionals
Students have received a $500 increase in tuition and the cost of 6
full-time is $18,000 or $9,000 budgeted
Mr John Blaisdell, App Comm , asked (1) How much of FY 77 money
will be returned to E&D? (2) What is the Board's plan for cadets?
Mr Hutchinson replied (1) None; we will be asking for transfers
(2) It has been a good cadet program and it is a vehicle to bring in a
minority person
The Board and the Appropriation Committee approved Account 3800 at
$122,765, and Account 3900-Parking Meters at $1,000
Acting Chief Henri Fradette of the Fire Department met with the
Board
Mr Hutchinson reviewed Account 4150 which was submitted at Fire Dept
$58,050 and approved by the Board of Selectmen and the Appropriation Budgets
Committee Discussion was held on the possibility of eliminating the
fire alarm street boxes, and Mr Bailey agreed with Mr Hutchinton's
recommendation that the matter be pursued
Account #4200-Ambulance Expenses were also approved at $2,075
The following budgets were also approved
Account #4350-Disaster Services, $1,000
Account #3300-Board of Health, $10,695
Account #3450-Rabies Clinic, $2,435
Account #3550-Animal Control, $4,175
Account #4500-Building Inspector, $1,213
Special
Selectmen's Meeting January 25, 1977
Account #5000-Director of Public Works/Engineering, $9,150
Upon motion duly made and seconded, it was voted to adjourn at 9 50
p.m
A true record, Attest
_rti�
Executive Clerk, Selectmen
I
I
337
SELECTMEN'S MEETING
January 31, 1977
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, January 31, 1977 at 7 30
p.m Chairman Kassler, Mr Bailey, Mr Busa, Mrs Battin and Mrs Miley;
Mr Hutchinson, Town Engineer; 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
Wallace Feurzeig 13 White Pine Lane
Theresa U Frissore 92 Blossomcrest Road
Gilda Demigan 34 Tarbell Avenue
George C Henderson, Jr 136 Maple Street
Helen A Arana 89 Bloomfield Street
Helen S Crane 66 Hinchey Road
Stephen Hastings 15 Sunnyknoll Terrace
William C Curtis 72 Freemont Street
Mr Charles Spaulding, President, and Mr Richard Dobroth, Vice Dummer Boy
President of Spaulding and Slye, met with the Board to discuss Drummer Condominiums
Boy condominiums
Chairman Kessler said that it is not the intention of the Board
to rehash anything brought out in the Planning Board but to remind
them that they had made a commitment at Town Meeting to keep a certain
percentage of units at a relatively low market price, to keep at
least 20 units which would not end up beyond the means of a moderate
family
Mr Spaulding was sorry that there was so much confusion on the
cost of the units, as they did talk between $29,500 and $39,500 at
Town Meeting They were anxious to build that kind of housing but,
unfortunately, even with good back-up material, they did not antici-
pate the delay nor the increased rate of inflation At Town Meeting,
they did not have detailed site engineering and specifications and
they have experienced difficulty with running into ledge Also, they
have done other things which have affected the price, such as adding
a garage, which increased the cost from $2,000 to $2,500 and basement
expenses They had concluded that a garage is an important feature;
it was not part of the original plan but was an option To develop
the site is $15,000, and the Wall Street Journal quotes $17 to $19,000,
which is a lot more than ours In order to break even, we have to
build some larger ones at $80,000 We are dealing with young people
and also up to 65 years of age At Town Meeting, we never guaranteed
a price and we apologize if that is the way it came across to anybody
We had no way of controlling inflation and we would ask you if you
were in our position how you would cope with rising costs
338
Selectmen's Meeting January 31, 1977
11/
The Board stressed the importance of keeping prices as low as
possible, and Mr Spaulding agreed He offered to sit with any mem-
ber of the Board to answer additional questions, if any
Mr Spaulding and Mr Dobroth retired from the meeting
App Comm The Appropriation Committee met with the Board to discuss budgets
Mr Robert Hilton and Mr Otis S Brown, Jr , were present at dis-
cussion of Account 7550, Library budget
Library Mr Hutchinson recommended approval of $126,258 and pointed out
Budget a reduction of $5,327 in the total approved in FY 77 Light and
power are up over $5,000 this year but fuel is down $6,000
Mr Hilton explained that fuel oil costs were not as high as they
were estimated but air conditioning costs for the summer were out of
proportion, resulting in the great increase in the use of electricity
Mr Bailey stated that total costs are about the same but the
real saving would be if the book security system is approved at $27,400
Mr Furash questioned the need for this system and suggested a
search system
Chairman Kessler said that a great number of people would be
offended
Mr Furash replied that he was concerned about books being stolen,
not about offending people He argued whether an electronic system
would solve the problem. He advised the Board that the Appropria-
tion Committee had not discussed the Article and would like to meet
with Library representatives
Mr Hilton and Mr Otis agreed to meet with the Appropriation
Committee to discuss the book security Article and Article on paint-
ing the East Lexington Branch Library, and they retired from the
meeting
Recreation The Recreation Committee met with the Board to discuss the budget
Mr Hutchinson recommended the following
Recommendation
Trails 0 (done in-house)
4 Tennis Courts 0
Ballfield Upgrading 0
Bike Paths 0
Soccer Goal Posts 0
Lincoln Street Recreation Development. 0
Mr Daniel Busa said that, at the last meeting, we were ready to
implement some plans and we have discussed the impact on the Town's
tax dollar We have evaluated the program at $146,000 and, with
Mr Hutchinson's recommendation of $60,000 for the pool, we could
have our people coma forth and discuss different Articles in the
Warrant I
339
Selectmen's Meeting January 31, 1977
Mr Bailey stated that until he had received a five-year pro-
jection plan, it would be difficult for him to make a judgment He
had to know what Recreation wants, for next year and thereafter
Mr Furash agreed Mrs Lynn Hamilton, Recreation Coordinator,
is to work up the program and the dollars and to come back to the
Board with the whole package
The Recreation Committee retired from the meeting
Mr Furash announced that the Appropriation Committee report
closes on February 21 and he would like to enlist the assistance of
citizens presenting figures on their Articles Mr Cohen agreed to
compile figures on a list of Articles submitted by Mr Furash App
Comm retired from meeting
Mr Hutchinson recommended that the Board authorize him to reply State DPW-
to the State DPW that the Town of Lexington is not interested in the Airport
offer to transfer ownership of a portion of State Highway off Access Road
Marrett Road (Route 2A) , commonly known as Airport Access Road Mr
McSweeney had submitted the following reasons
1 There are no Town-owned utilities currently within this
layout, and no forseeable need for future extension of
utilities to this area
1 III 2. The sole purpose of this road is to provide one of three
means of access or egress to Hanscom Field
3 The Minute Man National Park is the sole abutter on both
sides of this road
Upon motion duly made and seconded, it was voted to authorize
the Town Manager to respond to the State Department of Public Works
that the Town of Lexington is not interested in the offer to trans-
fer ownership of the Airport Access Road
Mr Hutchinson advised the Board that the Cemetery Department Trustees-
needs a sod cutter for use in its expansion program as well as Cemetery
stripping old grass in all Cemeteries He recommended that the Dept
Trustees of Public Trusts be approached for an expenditure of Sod Cutter
$1,200 from either the Munroe Cemetery Fund and/or the Westview Fund
Upon motion duly made and seconded, it was voted to request the
Trustees of Public Trusts for approval of an expenditure of $1,200
to purchase a sod cutter for the Cemetery Department
Mr Hutchinson informed the Board that he and Mr Busa had Bandstand
met with Mr Levi Burnell concerning the request of the Lexington
Bicentennial Band for a bandstand or a shell to be located at Hastings
111 Park
34()
Selectmen's Meeting January 31, 1977
Mr Busa requested approval of the Board to approach the Bicen-
tennial Corporation for funds
The Board agreed
Mr Cohen questioned the use for which the Town had acquired the
land at Hastings Park, and it was agreed to research the matter for
Article information
New Mr Hutchinson alerted the Board to a swearing-in ceremony for
Patrolmen newly appointed Patrolman to be scheduled for the meeting of February
14
Binding Mr Hutchinson discussed a telephone call he had received from
Arbitration Senator Rotondi informing him that the bill on binding arbitration
would be heard on next Wednesday
H3436 Mrs Battin stated that, as Legislative Liaison, she would urge
all municipal officials to send in a position letter
Upon motion duly made and seconded, it was voted to request the
Town Manager to draft a letter to be sent to the hearing on H3436
stating the unanimous support of the Board of Selectmen on this bill
would allow compulsory binding arbitration to terminate on June 30,
1977
Comm.Vict Mr Hutchinson read a recommendation from Mr George Smith, Direc-
Seseme, Inc tor of Public Health, that the Common Victualler license of Seseme, Inc ,
321 Woburn Street, be extended from January 31 to February 28, 1977 in
order to allow for the transfer of ownership
Mr Cohen informed the Board that because of the question of
whether the new owner would have to make application to the Board of
Appeals, his research disclosed that a license had been in existence
at this location since 1959 under various ownerships, and the type of
operation had not changed in any way Therefore, it is his ruling
that, under these circumstances, a Board of Appeals' permit is not
necessary
The Board accepted the ruling of Town Counsel
Upon motion duly made and seconded it was voted to extend the
period of the Seseme, Inc , Common Victualler's license to February
28, 1977, subject to a report from Mr Smith on that date
H2507- Mrs Miley, as Lexington's representative on the Middlesex County
County Advisory Board, recommended that the Board of Selectmen send a letter
Budgets to the Committee on Counties strongly urging the supportt of House Bill
2507, asking that the Legislature not bote to enlarge the County bud-
gets She will be attending the hearing on February 8 and would be
glad to submit the statement of the Board
The Board agreed that Mrs Miley is to draft a letter concerning
the unanimous support of the Board on House Bill 2507
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 strategy
341
Selectmen's Meeting January 31, 1977
with respect
to litigation and collective bargaining, with no intention
of coming out of Executive Session to resume the open meeting
Upon motion duly made and seconded, it was voted to adjourn at
10 35 p.m.
A true record, Attest
J4-V/ /
Executive Clerk, Selectmen
I
I
342
SPECIAL
SELECTMEN'S MEETING
February 1, 1977
A special meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Tuesday, February 1, 1977
at 7 30 p.m Chairman Kessler, Mr Bailey, Mr Busa, Mrs Battin and
Mrs Miley; Mr Hutchinson, Town Manager; Mrs McCurdy, Executive Clerk,
were present
Messrs Furash, Perry, Gilman, Blaisdell, Hall and White of the
Appropriation Committee met with the Board to discuss budgets
Mr Hutchinson presented the following
Recommendation
Account #1700-Group Insurance $695,000
Proposal that retirees receive same benefits;
25% cost increase
Account #1750-42% in workmen's compensation 293,661
premium
Account #7800-Contributory Pension 497,175
$5,000 approx increase to fund present
pensions
Account #7825-Non-contrib Pensions 155,000
Account #8500-Interest on Debt 235,610
Account #8525-Interest on Loans 260,000
Account #3310-MVMi4 - Agreed to later discussion 30,853
Mr Furash requested that Mr Hutchinson look at all accounts and
make a great effort not to have increases over FY 77 figures He
questioned some accounts and stressed the need to keep the figures
down
Upon motion duly made and seconded, it was voted to adjourn at
9 05 p m.
A true record, Attest
i /. IAL 671H/),_,
Executive Clerk, Selectmen
I
343
SF.T.FCTMEN'S MEETING
February 7, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, February 7, 1977, at
7 30 p.m Chairman Kessler, Mr Bailey, Mr Busa, Mrs Battin and Mrs
Miley; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney,
Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were
present
Mr Hal Singley, members of Town Report Committee, Mr Louis Zehner, Municipal
Colonel Clifford Goodie, and Mr Richard Dugas met with the Board Mr Photography
Zehner introduced Colonel Goodie and Mr Dugas, who had submitted pic- Contest
tures which had been awarded prizes in the Massachusetts Selectmen's
Association municipal photography contest, as follows
Colonel Goodies Events of Public Interest-First prize and plaque
Candids-Second and Third Prizes
Mr Dugas Action-Second Prize; Landscapes; Second and Third Prizes
Chairman Kassler congratulated the award winners and Mr Zehner for
an outstanding job done on the 1975 Annual Town Report
Mr William Page met with the Board He briefly discussed 1976 1976
Article 80, which was referred by Town Meeting to the Selectmen, re- Article 80
garding the formation of an Information and Policy Options Committee
Because there is not unanimous support of the Board of Selectmen, he
would prefer not to pursue his proposal further He explained that it
is the kind of an idea that will eventually find its way into Town
government, and one alternative is 1977 Article 65, which is a proposal
for a forum to increase public understanding of the problems of old age
The Board expressed appreciation to Mr Page for his time-consuming
efforts, and agreed to accept his recommendation
Upon motion duly made and seconded, it was unanimously voted to
accept the recommendation of Mr William Page that no further action
be taken on Article 80, which was referred to the Board of Selectmen by
the 1976 Annual Town Meeting, and to so inform the 1977 Annual Town
Meeting
Mr Hutchinson recommended that the Board approve a request to the DPW
Appropriation Committee for a transfer of $10,000 to Account 4900-DPW Transfer
Personal Services for overtime due to the unusual severity of snow-
storms, ice conditions, water service freeze-ups, and water breaks which
have occurred since December
Upon motion duly made and seconded, it was voted to request the Appro-
priation Committee for approval of an expenditure in the amount of $10,000
from the Reserve Fund to Account 4900
344
Selectmen's Meeting February 7, 1977
Elks Club Chairman Kassler read a request from the Lexington Lodge of Elks
Ext of for an extension of hours of operation under their Club liquor license
Holiday on holidays, including New Year's Eve
I Hours Upon motion duly made and seconded, it was voted to grant permis-
sion to the Lexington Lodge of Elks No 2204 for an extension of hours
under the Club liquor license for an early opening of 1 00 p.m. and
12 00 Midnight closing on Patriots' Day, Memorial Day, Independence
Day, and Veterans' Day
It was agreed to withhold a decision on the request for an ex-
tension of hours to 2 00 a m on New Year's Eve pending clarification
of the applicability of the Sunday Blue Laws This matter is currently
before the State Legislature and the Elks Club will be requested to re-
apply in the fall
Warrant Chairman Kassler requested the Board to sign the Warrant
Signing Upon motion duly made and seconded, it was voted to sign the
Warrant for the 1977 Annual Town Meeting, consisting of 90 Articles
NOTE Complete list was typed into Selectmen's Records
of January 17, 1977
Ong, Ong, Chairman Kessler read a request from Attorney Stanley R. Lapon of
Liquor Lic Cambridge for approval of pledges of stock of Ong, Ong, Inc d/b/a
Yangtze River Restaurant located at 21-23-25 Depot Square as amended 111by Section 23 of Chapter 138 of the General Laws, as amended by Sec-
tion 12 of Chapter 542 of the Acts of 1943, and further amended by
Chapter 652 of the Acts of 1955
Mr Cohen explained that the Chapters are incorrect, and the re-
quest should have been made in accordance with Chapter 138, Section 15A,
as amended He had talked with the Alcoholic Beverages Control Commis-
sion as to whether local authorities would have to do any investiga-
tions, and was told that it was purely a decision of the Board of Se-
lectmen; however, the ABC does investigate the transferees Also, the
request for approval of ABC must be made on a Form 43
After discussion, the Board agreed to approve the pledges of stock
with the understanding that if the collateral is called and there is a
change in ownership, another application must be made to the Board of
Appeals
Upon motion duly made and seconded, it was voted to approve the
pledges of stock and beneficial interest in the Common Victualer liquor
license of Ong, Ong, Inc , d/b/a Yangtze River Restaurant located at
21-23-25 Depot Square, and to request ABC for approval
Appt Mr Dan Fenn, Jr , Chairman of the Appointment Criteria Committee,
Criteria met with the Board to submit a report on criteria for the selection of
ICommittee members of Selectmen-appointed Committees Recommendations were sub-
mitted on the Town Celebrations Committee, Historic Districts Commi-
sion, Trustees of Public Trusts, Bridge Charitable Fund, and Gammell
Legacy Income Trustee All members of these groups were interviewed,
345
Selectmen's Meeting February 7, 1977
a representative p tative selection of citizens invited to meet with ACC to dis-
cuss their thoughts regarding criteria, and a public hearing held for
citizens to express their views These conversations were included in
the development of draft criteria, which were published in the Minute-
man with an invitation for comments The Appointment Criteria Committee
reviewed the suggestions and submits a final report
The Appointment Criteria Committee herewith submits its report,
which is as follows
Introduction
In September, 1976, the board of selectmen named an Appointment
Criteria Committee (ACC) consisting of Guy Doran, John Harvell, Judy
Marshall, Frank Tatman, Margot Tutun, Weiant Wathen-Dunn and Dan Fenn
11
(Chairman)
The board charged the committee with the responsibility of recom-
1 mending to them a set of criteria for the selection of members of
selectmen-appointed committees and suggested that subsequently criteria
gg q Y
should be established for selectmen-appointed subcommittees and those
manager-appointed committees which require concurrence by the selectmen
The committee held its organizational meeting on October 7, 1976,
and subsequent meetings on October 18, November 4, November 23,
December 13, December 27, January 19, and February 6
It dropped consideration of the Standing Plumbing and Building
By-Law Committee because the Commonwealth has essentially taken over
its functions Consequently it devoted its attention to the Board of
Appeals, the Town Celebrations Committee, the Historic Districts
Commission and the Trustees of Public Funds (Bridge Charitable Fund,
Gammell Legacy Income Trustee and Trustees of Public Trusts)
Virtually all current members of these groups were interviewed
a representative selection of citizens was invited to meet with the
ACC to discuss their thoughts on criteria; and a public hearing was
held to provide citizens an opportunity to express their views
The ACC included the results of these various conversations in
developing its list of draft criteria After publication of the draft
in the Minuteman with an invitation to the community to comment, the
ACC reviewed the suggestions it received and submits a final report to
the Board of Selectmen
Nature of the Criteria
The ACC discovered very early in the process that it would be
advisable to recommend two categories of criteria for each group, one
to be used in the selection of individuals and the second to be em-
ployed in considering the board or committee as a whole
Secondly, it decided to submit a set of criteria which should be
applied to all appointments to any of the committees it was considering
ti
Selectmen's Meeting February 7, 1977
Third, it emphasized that it drew up its recommendations with
reference to any particular individuals but rather with an eye to general
public policy
Finally, the Committee would point out that, in the final analysis,
it is up to the Selectmen to determine how these criteria are to be
applied in specific individual cases
Recommendations
General Criteria
People invited to serve the town by becoming members of its impor-
tant non-elected committees, board and commissions should
Be people of competence, good will and sound, objective
judgment
Be drawn for new and long-time residents alike
Be truly interested in the welfare of Lexington and all
its residents
Be sensitive to the long-term as well as the immediate
impact of their decisions and recommendations
Be willing and able to devote the time and energy necessary
to fulfill their responsibilities
Furthermore, the ACC particularly urges that special attention be
given to townspeople of talent and dedication who are not readily visible
as part of the "establishment," however defined; that the board make a111
special effort to seek out and recruit interested individuals and that
it consider the creation of formal mechanisms to carry out such re-
cruitment
Specific Criteria
Board of Appeals
Individual
1 Shall have had significant experience and activity in town
affairs related to matters within the purview of the board of appeals as
evidenced, for example, by
Membership on major town boards such as selectmen, planning
board, conservation commission
Town meeting membership
Significant involvement in land-use related community acti-
vities, including especially zoning matters
2 Shall have lived in Lexington for at least eight years The ACC
(Margot Tutun voting "No") , departed to some degree from its general policy
in suggesting this residency requirement for the board of appeals because
it felt that the power and impact of this particular board is so far-
reaching that special emphasis should be placed on experience and proven
qualities of fairness and balanced judgment
3 Shall have been an associate member for at least two years.
347
Selectmen's Meeting February 7, 1977
4 Shall have no major
land-holding interests in Lexington
5 If a full member, shall not hold membership on any other major
boards, i e , planning board, board of selectmen, school committee,
historic districts commission, appropriation committee
6 If a full member who has served consecutively for the equivalent
of two full terms (10 years) , or more, shall not be reappointed until
after a lapse of at least one year
Collective
1 It is highly desirable that the Board of Appeals should include
people with various specialties, including especially
Engineering background
Legal training and experience
Environmental and/or conservationist experience
Architectural and/or design training
Town Celebrations Committee
Individual
1 Shall have specifically demonstrated the capacity to work well
with others
2 Shall have specifically demonstrated organizational ability
3 If he or she has served consecutively for the equivalent of
three terms (nine years) , or more, shall not be reappointed until after
a lapse of at least one year
Collective
1 It is highly desirable that the town celebrations committee in-
clude people who
Have specific knowledge of Lexington's history and historic
celebrations
Are younger citizens
Represent Lexington's newer residents
Have good working relations with the Minute Men and experience
in planning joint observances with them.
Historic Districts Commission
Individual
1 Shall have demonstrated a dedication to historical heritage, to
historical preservation, to the special townscape of Lexington and to the
concept of architectural compatibility
2 If a full member who has served consecutively for the equivalent
of two full terms (10 years) or more, shall not be reappointed until after
a lapse of at least one year
Collective
1 It is highly desirable that the historic districts commission in-
clude people who
348
Selectmen's Meeting February 7, 1977
a
Have legal training
and experience
Have historical training or experience
Have training in architecture, architectural history and
aesthetics
Have training and/or experience in graphic design
Is a local businessman
Trustees of public funds
(Bridge Charitable Fund, Gammell Legacy Income Trustee, Trustees of
Public Trusts)
Individual
1 Shall have demonstrated a working knowledge and understand of
the financial markets, and meet the standards of "prudent man" provisions
2 If he or she has served consecutively for the equivalent of two
terms (twelve years) or more, shall not be reappointed until after a
lapse of at least one year
Collective
1 It is highly desirable that the trustees of public funds shall
include people who
Have legal training and experience
Have investment experience
Have an interest in and experience with the use and dispersal of
funds
After discussion, the Board agreed that the ACC report could be used
to establish general guidelines to be adopted but if it is the concensus
to depart from them, good and valid reasons must be given
Upon motion duly made and seconded, it was voted to accept, with
gratitude, the report submitted by the Appointment Criteria Committee,
with the understanding that ACC is to meet again with the Board before
annual appointments are made
Middlesex Chairman Kessler informed the Board that the Great and General Court
County will be addressing the question of whether the State will take over the
Jail & Middlesex County Jail It was his understanding that this could result
Budget in a saving to the Ton of $60,000 and almost 50 cents on the tax rate
Mrs Miley pointed out that the inmates of the Middlesex County
Jail come from all over the State and, because they are moved around,
this is one good reason it should come under the State As the Board's
representative on the Middlesex County Advisory Board, she will attend
two hearings on Home Rule to be held by the Committee on Counties at the
State House She will present a statement, signed by the Board, urging
them to keep the county budget down
Chairman Kessler added that he had heard the rumor that the State
would give consideration to building new institutions, plus adding 100
cells at the Middlesex County Jail because of overcrowded conditions
349
Selectmen's Meeting February 7, 1977
In effect, this would cost us both ways
The Board agreed to refer the matter to Mr Hutchinson for addi-
tional information
Mrs Battin advised the Board that the Massachusetts Selectmen's H3436
Association had sent an urgent alert to all Boards of Selectmen to Binding
write a formal letter to Governor Dukakis urging him to take a stand Arbitration
in support of House Bill 3436, which would allow compulsory binding
arbitration to terminate on June 30, 1977
A previous meeting having been held with Lexington's Representa-
tives and Senators to ask for their vote in favor of the bill, it was
agreed to write to the Governor
Upon motion duly made and seconded, it was unanimously voted to
write a formal letter to Governor Dukakis to strongly urge him to take
a stand in support of House Bill 3436
Mrs Angela Frick, Chairman, and members of the Conservation Com- Conservation
mission, the Appropriation Committee and the Capital Expenditures Commission -
Committee met with the Board App Comm.
Mrs Frick discussed the following items and the recommendations Cap Expend
Land Management Budget As requested, Conservation reduced from Committee
$10,000 to $5,000; they have $2,000 in accrued interest
Conservation Fund Requesting $7,000 to bring up to a level of $35,000;
to be used for land acquisition, appraisals, opinions of value
Mr Bailey questioned the need for $35,000 and Mrs Stolz ex-
plained that they are only asking for $7,000 to take them
through to the 1978 Town Meeting; the balance on hand is close
to $20,000 but some of that will still be going out Chairman
Kessler advised that no additional monies should be charged on
the tax rate unless based on projected need
Mr Furash requested, and Mrs Frick agreed, that an itemized list
and dollar figures be submitted to the Appropriation Committee
Article 46-Whipple Hill Transfer Mrs Frick explained that this is Art 46-
all Town-owned land and we would ask Town Meeting to transfer Whipple Hill
to Conservation It seems to make more sense to put it under
one management In response to Mr Busa's comment that -the more
land we give to Conservation, the more restrictions are put on
it Dr Kessler said that it won't apply to chis land; the only
time is when federal or state grants are involved. Town Meeting
can rescind the vote at any time, and it really does not add any
more restrictions Mrs Miley stated that the piece of land at
the Turning Mill Road sewer was the first one, and she felt that
if it were turned over to Conservation, more care would be taken
of the land (There is no money involved in the Article )
Article 47-Transfer of Meagherville Tax Title Lots Planning Board, Art 48-
Conservation and the Board of Selectmen have discussed how this Meagherville
350
Selectmen's Meeting February 7, 1977
could be done, and the Article is to transfer to the Conservation
Commission The Planning Board asked if there could be a road in
there Also, there is no restriction on water retention Mrs
Hagedorn questioned why it was being transferred, and how much
money Conservation had? Mrs Frick replied that it is under the
land management program and, at the moment, they had $5,000 Mrs;
Hagedorn wondered why they did not add more money when they were
adding responsibilities, and Dr Kessler said that the point was
well taken and would have to be raised at Town Meeting Mr
Busa's question on whether there would be a floating easement was
answered by Mrs Stolz that enough land was left to move it in
either direction; it is a 3-way negotiation Mr Busa asked if
the State could come in later and move it, and Mr Bailey assured
him that it could not be done as the Article says that it is for
conservation purposes including outdoor recreation ($500 in-
volved for this Article )
Article 48- Article 48-Invokes a couple of pieces of open space and tax title land
Tax Title on Waltham Street; at the end of Grassland Street, which would be
further access into Hayden Woods; at the Vinebrook development;
on Maureen Road which, at this point is not being cared for by any-
body and could be used for a bike path ($500 involved for this
Article )
Article 49- Article 49-Involves a small piece of land to be returned to Mr Bushard
Hillside Lot on Bowker Street The Bushards were very unhappy with the taking
of their land last year as they wanted the stone wall left on their
land This can be done by Town Meeting for 3600 sq ft of land
($500 involved for this Article )
Article 51- Article 51-A gift of land from Mr Johnson on Grove Street, where Con-
servation has been negotiating an easement for some time
Recreation The Recreation Committee met with the Board
Committee Mr Hutchinson I worked with Dan Busa and Lynn Hamilton and we
summarized the types of things the Board would like to have within the
next five years The only item I recommended in the Capital area was
Center Pool the money for the Center pool, and it is not that I don't agree with
them, but I settled for the pool
Mr Bailey I have a question on tonight's Articles, and if there
is any plan involved to recover the costs?
Mr Dan Busa We do have users' fees In the 1976 calendar year,
we collected $2349 for daytimes and $1218 for nighttime tennis fees
Mr Furash The Appropriation Committee would like to recommend
the procedure for the Selectmen to present approval of the plan, through
recreation, to Town Meeting on an Article 2 report so that Town Meeting
could see and approve the general direction and scope of the plan and
have it all explained Regretably, at this point in time, we cannot
351
Selectmen's Meeting February 7, 1977
endorse ite
b cause of the financial crunch and the committee can only
support the plan for the pool We know that the situation with the
existing pool complex is serious and we feel that the Town would be
better off to ask the Recreation Committee to spread it around and
ask the Town Manager to put in bits and pieces in the budget, i e ,
DPW, and let Town Meeting know where recreation is headed The pool
would fit in the the bonding that Mr. Zehner is working out, and we
would go for that particular item only
Mr Bailey The $60,000 figure is quite speculative, as I under-
stand it.
Chairman Kassler The Selectmen have voted to approve the con-
cept and it is encumbent upon us to vote now on whether to support it
at Town Meeting
Upon motion duly made and seconded, it was unanimously voted that
the Board of Selectmen consider the Center pool renovation provided it
is the No 1 priority of the Recreation Committee
Mrs Alice Hinkle discussed the upgrading of trails She and Trails
members of the Recreation Committee had met with the Conservation
Commission and, because of problems with vandalism, it was hoped to
have an improvement in the trails at Whipple Hill There would be a
fire access at Summer Street and access at Winchester Drive; this would
be $4,000 and to upgrade and mark the trails, using Mr Mazerall's
markers, the total would be $5,200
In response to Mr Furash's question of what would prevent access
other than police and fire, Mrs Hinkle replied that there would be a
gate barrier; this is part of the area that has not been cleared, and
a culvert would be needed at the stream.
Mr Silverman, Capital Expenditures, asked if Conservation felt
that the land management fund could be used for this, as they haven't
maintained it before?
Chairman Kassler pointed out that Conservation has asked for a lot
more than the Selectmen are agreeing to The Town Manager says that,
with the cooperation of Recreation and DPW, we can accomplish a lot
more. Some of the clearing can be done with existing funds but this
represents more - over and above that
Mrs Frick said that this is Town-owned land, not Conservation,
and they would be delighted to cooperate
Chairman Kassler felt that $5,000 would be well spent on this pro-
ject for the enjoyment of citizens; Mrs Battin agreed and said that
families and people of all ages would enjoy the recreation; Mr Busa
had a few reservations but agreed to support the project; Mr Bailey
was not in favor as he felt that the pool has to be the #1 priority this
year, and he did not feel there was any great pressure on for trails
this year; Mrs Miley agreed with Mr Bailey, not because she did not
like trails but because she was thinking of the streets that had been
deleted and would not be finished this year
Chairman Kassler, Mrs Battin and Mr Busa agreed to support the
352
Selectmen's Meeting February 7, 1977
project of upgrading trails; Mr Bailey and Mrs Miley were not in
favor
Playfields The request for $15,000 for improvements in playfields was dis-
cussed
Mrs Miley recommended that Mr Hutchinson take a look at the projects
to see what could be done with our own personnel
Mr Dhimos, Recreation Committee, said that there were problems in
maintaining the fields as DPW was spread pretty thin and Recreation was
not sure that they would get more help now There is no question of
the percentage of the people making use of the fields Of the 30 that
were studied, 14 were classified in good condition - and one or two of
these were in the excellent category; the other 16 were rated extremely
poor to bad; of the 8 soccer fields, only two were rated adequate If
put off for another year, the fields are going to be in worse condition
Upgrading would include backstops, fences, stands, and players' benches,
plus surfacing Over five years, we would like to spend $15,000 for
6 or 7 fields per year That portion of work that includes labor might
be done by DPW This (item) was low on the list of priorities, #7, and
there is a question of whether new fields might be had.
Chairman Kessler recommended putting $15,000 in the operating bud-
get with the understanding that the Recreation Committee use it in three
areas - goal posts, trails, and to start upgrading playfields. The
division of money would be left up to the Town Manager This would
mean only 5 or 6c on the tax rate, and it is the concept and the philoso-
phy that are important.
Mr Busa felt that it should be something less than $15,000 He
stated that he would not vote in favor unless done contracturally as
DPW could not otherwise do it, and he would not vote even 5 for trails
Mr Bailey stated that if he were backed into a corner, he might
vote for $15,000
Mrs Battin recommended that some of the work could be done by
fathers and sons, under the supervision of DPW
Mrs Miley wondered if the money could be found in different de-
partments; as they are reorganized and as expenses are being reconsidered,
perhaps we could come up with the money this year The Town Manager
doesn't feel that we should spend this money now but perhaps he would
like us to give him a chance to see if, in six months, he could come up
with more in the DANbudget
Mr Hutchinson I would not be able to meet this level of commit-
ment but I'll take a look at it and go over it again
Mrs Miley agreed that if the Town Manager can live with it, she
will go along with it
Mr Furash stated that the Appropriation Committee does not favor
this at all but a better place to do it is to provide for it in the
budget by the Town Manager He reiterated that they don't think a
penny should be spent on it
The Board unanimously agreed not to support tennis courts and bike-
ways
( b `
Selectmen's Meeting February 7, 1977
III
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, and to come out of Executive Session and resume the open
meeting
Mr Furash, Appropriation Committee; Mr McManus, Youth Counselor; Community
Mr Clough, Re-Place Director; Mrs Mary Welsh, MVMH, met with the Services
Board. Budget
Mr Hutchinson discussed the Community Services' budget, to be
carried under the Board of Health budget. He recommended an increased
commitment to Re-Place for expanded drug counseling services and add-
ing an outreach worker; this is one area that would be worthwhile on
an experimental basis, and Chief Corr was supportive as he felt that
the Police have enough to handle
Mr Bailey asked if Mr Hutchinson had considered a community
services' package?
Mr Hutchinson replied in the negative He explained that he had
met with MVMH and they are up about $800 this year
Mr Bailey expressed an uneasy feeling about MVMH's budget of
$30,000+, and Mr Hutchinson said that they are working under a grant
for staffing, while Re-Place would deal with a specific group of young
people
Mrs Battin said that she appreciated the concern but pointed out
that there are different kinds of services for different kinds of
people being served at MVMH and Re-Place The Mass League of Cities
and Towns is developing training programs to help municipal employees
to monitor Human Service Agencies in order to hold them more account-
able - and this is a crucial point
Mr Clough added that with the new Re-Place Director and MVMH pro-
viding psychiatric back-up, there would be improved services
Mr Busa supported an outreach worker but, in his opinion, MVMH
is building an institution and, therefore, he had reservations about
his support for MVMH He also questioned that Mr McManus is collect-
ing fees from three sources in Lexington
Chairman Kassler pointed out that Mr McManus is a professional
and is counseling on an hourly basis
Mr Busa recommended that the Board consider an entire package
with Re-Place, MVMH, and the School Department
Mrs Welsh said that there is a misunderstanding about the role
of each; the type of person seeking help at Re-Place would not go to
MVMH An outreach worker could guide young people with problems
Mr Furash recommended that Re-Place continue its fund raising
drives, and Mr Bailey agreed
Mrs Miley stated her support of Re-Place and wished them well
Upon motion duly made and seconded, it was voted, 3-1, to accept
the Town Manager's recommendation of the Re-Place budget of $33,350;
Chairman Kassler, Mrs Battin and Mrs Miley in favor; Mr Busa in
the negative; Mr Bailey abstained
3-54
Selectmen' s Meeting February 7, 1977
FY 76 Chairman Kassler read a request from Mr Richard M Perry,
Comp-
Financial troller, to accept the financial report of the Town
Report Upon motion duly made and seconded, it was unanimously voted to
accept the financial report of the Town of Lexington for the fiscal
year ending June 30, 1976, as submitted by the Town Comptroller
Town Upon motion duly made and seconded, it was unanimously voted to
Manager's approve the bond of Mr Robert M Hutchinson, Jr , Town Manager, in
Bond the amount of $50,000
Water & Chairman Kassler read a request from Mr John McSweeney, Director
Ambulance of Public Works/Engineering, for approval of abatements of water bills;
Abatements plus a request from Mrs Doris Barclay, Tax Collector, for an abate-
ment of an ambulance bill
Upon motion duly made and seconded, it was unanimously voted to
approve abatement of water bills in the amount of $1,057 36, and an
ambulance bill in the amount of $15 00
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, with the intention of adjourning after executive discussion
Upon motion duly made and seconded, it was voted to adjourn at
11 20 p m. 111
A true record, Attest
,/,
Executive Clerk, Selectmen
300
SPECIAL
III SELECTMEN'S MEETING
February 8, 1977
A special meeting of the Board of Selectmen was held in the
Selectmen's Meeting Room, Town Office Building, on Tuesday, February 8,
1977, at 7 30 p m. Chairman Kassler, Mr Bailey, Mr Busa, Mrs Battin
and Mrs Miley; Mr Hutchinson, Town Manager; Mrs McCurdy, Executive
Clerk, were present
Mrs Lynn Hamilton and Mrs Judy Uhrig of the Recreation Commit- Recreation
tee; Mr Richard Perry and Mr Martin Gilman of the Appropriation Projects
Committee met with the Board
Mr Hutchinson discussed Account #2480-Recreation Expense Budget
and explained that it was submitted at $28,350 and was reduced to $23,850
We cut $2,500 for the Community Center Program and, as you know, the
School Department cut out $6,000 for the Summer Co-op program for the
fieldhouse, arts and crafts, and running the canteen It was his feel-
ing that he could not handle Co-op and other programs in the budget
Chairman Kassler said that Co-op is only a summer program and he
suggested coordinating it with a community center program and having
III a less formalized program to meet all needs at $15,000
Mrs Battin questioned having new programs until it was completely
structured. She approved of the Co-op program and wondered if the
School Department could be requested to match the funds
Mr Bailey asked for information concerning the level of activity
and participation in last year's Co-op program. Mr Hutchinson agreed
to get the figures
Mr Hutchinson agreed to come back to the Board with additional
information on the community center program/development and supplies
Discussion was held on money for the Article on ballfields and Mr
Perry said that it would probably end up in DPW Account 6000-Parks
Chairman Kassler recommended $10,000, but not to be used for just
ballfields
Mrs Battin suggested that trails be included.
Upon motion duly made and seconded, it was voted 4-0 to include
$10,000 in Account 6000-Parks, line item 290-maintenance and construc-
tion of parks and recreation areas and recreation projects, with a total
budget amount of $46,435. Mr Busa abstained
Upon motion duly made and seconded, it was voted to adjourn at 8 45 p.m.
A true record, Attest )
� �ems7A )2(_-:
Executive Clerk, Selectmen
35F)
SELECTMEN'S MEETING
February 14, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, February 14, 1977
at 7 30 p m. Chairman Kassler, Mr Bailey, Mr Busa, Mrs Battin and
Mrs Miley; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mr.
McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive
Clerk, were present
New Miss Mary McDonough, Town Clerk, officiated at the swearing-in
Patrolmen ceremony for eight new Patrolmen appointed by Mr Hutchinson, Town
Manager
Chief Corr introduced Norman C Carlson, Christopher Casey, Paul
J Clear, Stephen A. Corr, Richard M. Ham, Jr , Maureen Crosby Lusiak,
Joseph R. O'Leary, and Charles J Sargent
Chief Corr stated that this is the first time in many years that
we have a Civil Service list and, with these appointments, are now at
authorized strength of 54 in the Police Department Five of the
appointees have been in the Cadet program; seven have college degrees,
and the eighth will graduate from Northeastern in 1978 Also, it is a
"first" for Lexington by having the first woman appointed to our force
He proudly acknowledged his son, Stephen, as a new Patrolman
Chairman Kassler, on behalf of the Board, congratulated each Patrol111
-
man and announced that this has been a highly selective process, and we
are very proud of the way in which they have been selected.
Miss McDonough, Chief Corr and the Patrolmen retired from the meet-
ing
Train Mrs Joyce Hals, Chairman of the Transportation Committee introduced
Service Mr William O'Neil, a member of the committee Mr O'Neil discussed train
service and informed the Board that the situation is not too optimistic
about the resumption of one train in the morning and one in the evening
He had pursued the matter with the Legislature and the picture is bleak,
and it does not look as though the trains will ever run again We recog-
nize that having one train on the track would not be economically feasible
As soon as the Red Line goes beyond Alewife, META would need the right of
way and the train would have to be abandoned
Mrs Hals suggested investigating the possibility of having an ex-
press bus to Park Street
The Board agreed that the Transportation Committee is to look into
the matter of express bus service
Mrs Hals and Mr O'Neil retired from the meeting
Revenue Mr Hutchinson informed the Board that two hearings had been sched-
Sharing uled for the purpose of obtaining citizen input on the use of $550,000
Hearings in General Revenue Sharing Funds; a Town Manager hearing on February 28
and a Board of Selectmen hearing on March 7
6 jw^T
Selectmen's Meeting February 14, 1977
Chairman Kassler read a request for one-day liquor licenses 1-Day Liquor
Upon motion duly made and seconded, it was voted to approve the License
one-day special liquor permits for W R. Grace Co on February 22 and
March 3, which had been rescheduled from January 20 due to a snowstorm.
Chairman Kassler read a request for the use of the Battle Green Permit-
Upon motion duly made and seconded, it was voted to grant permis- Battle Green
sion to the Lexington Minute Men, Inc to conduct Living History Ex-
ercises on the Battle Green on June 26; July 3, 10, 17, 24; August 7,
14, 21, 28; September 4, 1977
Chairman Kassler asked if any member of the audience had ques- School
tions Closings
Mr Edward Bicknell introduced himself as a TMMA member of
Precinct 2, with children in Adams School He asked why the Select-
' men are not considering alternative uses of school buildings, as this
subject involves two very august bodies He raised the question as
to why it is difficult to a least, without delaying the decision to
close the schools, to point this out to the School Committee and citi-
zens in the area where schools are to be closed This is a two-pronged
issue and he wondered why the Selectmen did not wish to consider it at
this time
Chairman Kassler replied that if he knew individual members of the
Board of Selectmen, they do not duck tough issues However, what is
happening is that the Board of Selectmen is trying to be extremely
careful to stay within certain bounds and not get into the field of
education We are ready, willing and anxious to discuss alternative
uses of schools but the Board doesn't want to thrust itself into
educational matters and purely educational decisions by the School
Committee Once the School Committee has indicated a desire for our
help - if they say to us regarding the use - that they have several
buildings and educationally it is all the same to them which one closes
first, but would you help us decide - we would be glad to join in It
is not a reluctance to get involved but we do not want to interfere with
a proper function of the School Committee We want to do it, we have to
do it, but it must be done timely
Mr Zehner, Town Treasurer; Mr Edward Furash, Chairman, and mem- Bond
hers of the Appropriation Committee; Mr George Silverman, Chairman, Financing
and Mr Myles Barnert of the Capital Expenditures Committee met with
the Board for a presentation by Mr Zehner of a proposal for bond
financing
Mr Hutchinson explained that approval is being requested for a five
year bond issue, which reduces interest costs When borrowing, we look
at the overall dimension of the picture on how would we be managing
municipal costs and to look at the tax rate While there are separate
responsibilities on school and other types of services - human and
streets - we would hope there will be decisions concerning school en-
Selectmen' s Meeting February 14, 1977
rollment and other issues We have an unfunded pension liability,
which we somehow have to address; problems of solid waste; problems
of aging, housing, etc We recognize that every type of demand has
an impact on the overall credibility of the Town - the AAA rating of
the Town
Mr Zehner said that we have $1 5 million in debt service and
we collect one-half on May 1 and one-half on November 1 If we have
bonding maturity on July 15, we would need to borrow but if it matures
later, we could invest the money on May 1 and have no expense on the
other half of debt service To have it mature the latter part of the
year, we save money If we sell on April 1, a bond issue to be dated
May 1, this would refinance the short term notes incurred for the pur-
chase of conservation land voted for bonding at the 1975 and 1976 Town
Meetings The issue would be for approximately $825,000 but it may be
less if the Town receives any state grants to apply on the costs A
5-year maturity is recommended for the issue, and this would rate a
strong plus with Moody Rating Service It is wrong to assume that 5-year
financing will place a punishing new burden of taxation on property owners
Each year, Lexington liquidates outstanding bonds in significant amounts
This liquidation will accelerate and into the place of the redeemed bonds
can be fitted debt requirements for new issues without an undue burden
If we prudently space out our program and time the financing so that it
can be handled in modest annual segments, the percent of the tax levy
required for debt service from 1978-1984 will actually be markedly less
than it has been from 1965-1977 To finance the $800,000 for five years
111
is to maintain the prudent stance which enabled Lexington to win the
AAA rating, and will reflect the determination to retain the rating
Mr Silverman stated that the Capital Expenditures Committee con-
curs, based on the decline of debt service
Mr Furash said that if this were the only bond we were expecting
to float, the Appropriation Committee would ordinarily opt for a longer
period. We think these will be very popular bonds and there will be no
problem in marketing them
Upon motion duly made and seconded, it was voted to authorize the
Town Manager and the Town Treasurer to proceed with arrangements for a
5-year bond issue of approximately $825,000 and to fix the date of the
sale between April 1 - 15 and issued between May 1 - 15, 1977
Upon motion duly made and seconded, it was voted to go into Execu-
tive Session for the purpose of discussion strategy with respect to
collective bargaining, litigation, and personal services, with no inten-
tion of coming out of Executive Session and resuming the open meeting
Upon motion duly made and seconded, it was voted to adjourn at
10 35 p m
A true record, Attest yy,
g� v2) 4
.3A1
Executive Clerk, Selectmen
:35tl
SELECTMEN'S MEETING
February 22, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Tuesday, February 22, 1977 at
7 30 p m. Chairman Kassler, Mr Bailey, Mr Buse, Mrs Battin, Mrs Miley;
Mr Hutchinson, Town Manager; Mr McSweeney, Director of Public Works/
Engineering; Mrs McCurdy, Executive Clerk, were present
At the request of the Town Clerk, the following jurors were drawn Jurors
Filomena R. Heil 34 Whipple Road
Guy M. Weyl 25 Pine Knoll Road
Joseph P Upham 2 Oxbow Road
Florence M. Sawyer 5 Centre Street
Steven B Whitcomb 29 Fern Street
Anne L Leavitt 130 Laconia Street
George A. Kolovson 10 Dewey Road
Blanche McKenzie 53 Ledgelawn Avenue
Chairman Kassler declared the hearing open on the petition of the Pole
Boston Edison Company for the location of one pole on Williams Road. Williams
Notices of the hearing were sent to abutters listed on the Road
petitioner's plan and also filed with the Public Works Department
Mr Louis Pratt, representing the Boston Edison Company, was
present and informed the Board that this request is for street
lighting purposes
Chairman Kassler read a report from the Director of Public Works/
Engineering stating that the location had been reviewed and it is
recommended that permission be granted to install pole #116/6 on
Williams Road.
No one appearing 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 installation of pole #116/6
for street lighting purposes at the following location
Williams Road, northwesterly side, approximately 93 feet
northeast of Gleason Road, one (1) pole
Mr Louis A. Zehner, Town Treasurer, informed the Board that he Treasurer
had received seven bids on borrowing $1 million in tax anticipation
and he requested approval of accepting the lowest bidders
Upon motion duly made and seconded, it was voted to approve the
recommendation of the Town Treasurer to borrow $1 million in tax
anticipation loans dated 2/25/77, due 4/29/77, with interest at
maturity, from the following banks
1
3(iU
Selectmen' s Meeting February 22, 1977
Baybank Newton-Waltham $250,000
2 08%
Baybank Middlesex $250,000 2 08%
First National Bank of Boston $250,000 2 09%
New England Merchants $250.000 2 12%
Personnel Mr John Butler, Chairman, and Mr James Crain of the Personnel
Board Advisory Board met with the Selectmen
Goals Chairman Kessler read a memo from Mr Butler regarding the goals
of the Personnel Advisory Board for 1977
"Our board has met twice recently with the Town Manager to discuss
the personnel policy issues of major concern to his office; and out of
these sessions we have consensus on and recommend to you, our pursuit
of these tasks
1 Reoganization of Human Services
To become fully informed by direct discussion with agency represen-
tatives about the present and potential services needed in Lexington
and to assist in the preparation of an efficient organizational
structure for them.
Completion Date November 30, 1977
2 Manpower Planning111
a) Affirmative Action - Assist in the development of policies
recommended to guide Town government as an employer
Completion Date March 31, 1977
b) Staffing - To assist in analysis of present and future staffing
patterns to maintain desired services with minimal staff members
Completion Date August 31, 1977
c) Training and Development Programs - Assist in an audit of the
Police Cadet program and in the development of programs to strengthen
the managerial capabilities of the department heads
Completion Date June 30, 1977
3 Salary Administration and Performance Appraisal
Evaluate and make recommendations to implement more fully the con-
cepts contained in the ADL proposal
Completion Date August 31, 1977
Of course, in addition to these specific projects we remain avail-
able for advice and counseling as seem needed by your Board and Town
Manager "
361
Selectmen's Meeting February 22, 1977
Chairman Kassler expressed appreciation for the Personnel Board's
projections and wished them success in completing their goals within
the specified dates These are areas which the Board has been concerned
about for so long and there is a specific timetable consistent with
quick action by this Board
Mr Hutchinson said that there would be in-house action, and we
should come close to completion dates
Mrs Battin informed the Board that the Mass League of Cities
and Towns has just hired Barbara Thornton to provide, as a free service,
technical assistance to cities and towns on human services Also, the
HEW regional office has someone on their staff on human services
Upon motion duly made and seconded, it was voted to accept the
recommendations of the Personnel Advisory Board and the Town Manager
regarding thoals of the Personnel Advisory Board for 1977
Chairman Kassler read a request from Mr McSweeney to abate water Water
bills Abatements
Upon motion duly made and seconded, it was voted to abate the
following water bills Tony Cataldo, 41 Rindge Avenue, $94 95; wrong
reading as there is a new meter Steven E Cox, 64 Garfield Street,
$132 65; vandalism; meter not working new one put in Dr Carl Toga,
67 Turning Mill Road, $50 85; owner sent in wrong reading
Chairman Kassler read an annual request for the Ten Mile Road Permit-
race Road Race
Upon motion duly made and seconded, it was voted to grant permis-
sion to the Greek Orthodox Church of Cambridge to conduct the Ten Mile
Road Race on Sunday, March 27, 1977, to start at the Minuteman Statue
at 1 00 p m. , with Police cruiser escort to the Arlington Town Line
Chairman Kassler read a request from the TV Weathermen of Massa- Proclamation
chusetts for a proclamation to help crippled children
Upon motion duly made and seconded, it was voted to proclaim
Friday, March 11, 1977, as Coffee Day for Crippled Children
Mr Tippett of Arlex Taxi Corporation d/b/a Lexington Cab Co Lexington
was not present for his appointment at 8 00 p m. Taxicabs-
Mr Hutchinson informed the Board that ten vehicles are now Tippett
operating, and it is recommended that a 60-day extension of the
licenses be granted. There does seem to be a good faith effort by
the owner and he did say that it would take him some time There are
five new taxicabs in service
Chairman Kassler said that he was not inclined to extend for
60 days as Mr Tippett did not keep his appointment, and, therefore,
we are unable to discuss the status of his operation
Upon motion duly made and seconded, it was voted to grant a 30-
day extension of the 12 taxicab licenses issued to Arlex Taxi Corpora-
tion d/b/a Lexington Cab Co , expiring March 28, 1977
4362
Selectmen's Meeting February 22, 1977
Later on in the meeting, Mr Tippett was present and was informed
of the above vote
Mr Tippett agreed to continue repairs until all cabs are up to
standards He mentioned that it was impossible to attach the framed
drivers' permits to the back seats of 1977 cars and questioned whether
he could affix them to the door panel
The Board agreed that Mr Hutchinson is to work with Mr Tippett
and the Police Department on the location of drivers' permits in the
cabs
Selectmen's Mr Bailey discussed the establishment of a Selectmen's policy
Policy - regarding sewer and water extensions He said that, on more and more
Sewer & Water occasions, people petition to have sewer and/or water extensions in
Extension unaccepted portions of the Town, and we have had trouble on how to
handle the dollars The Board has been reluctant for the Town to
pick up the costs and, even when owners are willing to pay charges
themselves, we do not have a good mechanism to accept them. As a re-
sult of discussion by Town Counsel, Engineering, the the Planning
Board, we have a document which we can alter tonight and evaluate the
possibility of establishing this policy
Dr Eric Clarke of the Planning Board was present and, after
discussion with the Board, agreed to the recommended policy
Upon motion duly made and seconded, it was voted to adopt the
following Policy of the Board of Selectmen on Sewer and Water Ex-
tensions
The Town regularly receives requests for extensions of existing
town utilities by individuals and corporations who wish to pay for
construction themselves since the Town, due to scheduling, financing
and various other reasons, cannot justify funding the extensions
The Selectmen have no a priori objections to such extensions, and
wish to consider each request on its own merits
In order to avoid confusion, and to provide for consistent
handling of such request, the Board hereby establishes the following
guidelines for all extensions of Town utilities where the owner or
developer will assume 100% of the construction cost These guide-
lines are based on the Town issuing the contract, with an alternate
for the owner or developer to let the contract himself The guide-
lines are
1. A written request detailing the need of the extension and any
pertinent information shall be submitted to the Town, (Board of Select-
men}, so that the engineering department as well as other cognizant
town boards can determine the acceptability of the extension in regards
to overall town planning; including but not limited to compliance with
existing zoning by-laws, sub-division rules and regulations, wetlands
provisions, building permits, street numbering permits, etc Following
receipt of opinions from the cognizant boards and agencies, the Board
Selectmen's Meeting February 22, 1977
c&Selectmen will review the status of the request with the petitioner
prior to seeking a detailed plan
2 The owner or developer shall submit a properly engineered con-
struction plan, by a Registered Engineer, for review and approval by
the engineering department
3 The Town will estimate the cost of construction and prepare
an order of construction
4 The owner or developer must deposit with the Town a proper
check for the full amount of the estimated cost.
5 The Town Meeting must then appropriate a sum of money over
and above the budget requests for town funded projects, to cover the
cost of this construction This appropriation would come from the
funds deposited with the Town by the petitioner in advance of the con-
struction
6 The Town will file the order of construction, put the job
out to bid in a contract, accept a contractor, inspect the work and
remunerate the contractor
7 Upon satisfactory completion of the work, the actual cost of
construction will be ascertained by the engineering department. At
this time either the remaining balance will be returned to the owner/
developer, or a bill will be sent for any additional payment needed
to close the transaction
Under certain circumstances, it may be advantageous to allow the
owner or developer to contract privately for the work Normally, how-
ever, this alternative will not be available and, in any event, should
not be used to circumvent the normal budget process In these in-
stances the following recommendations will be applied
1. A written request detailing the need of the extension and
any pertinent information shall be submitted to the Town, so that the
engineering department as well as cognizant Town boards can determine
the acceptability of the extension in regards to overall Town planning
Following receipt of opinions from the cognizant boards and agencies,
the Board of Selectmen will review the status of the request with this
petitioner prior to seeking a detailed plan
2 The owner or developer shall submit a properly engineered con-
struction plan, by a Registered Engineer, for review and approval by
the engineering department
3. The owner or developer may hire a contractor subject to the
approval of the Town
364
Selectmen's Meeting February 22, 1977
ni
4 The contractor shall obtain a street opening permit,, furnish
appropriate insurance and post a bond for an amount determined by the
Town, to insure completion of the work
5 Construction shall be in accordance with existing Town speci-
fications and inspected by the Town
6 Upon completion of the work the owner must grant ownership
of the utilities to the Town
Repairs on Dr Clarke discussed a letter he had submitted to the Board
Private Ways recommending that $10,000 be included in Article 4 annually to cover
the cost of repairs on private ways He pointed out that the Town is
trying to save money and this would mean that we would not have full
costs for complete construction of streets
Mr Hutchinson said that he had talked with Mr McSweeney and
there are some arguments about Dr Clark's position Mr Hutchinson
supports the concept but not the money involved. Eventually, through
a systematic way, it might be possible to do something about existing
streets by a policy that the Board of Selectmen might want to adopt.
The Board agreed to discuss the matter after Town Meeting
Reg Ref - Mr James Reilly, Chairman, and members of the Regional Refuse
Sanitary Advisory Committee met with the Board to discuss the sanitary land-
Landfill fill
Mr Reilly explained that the committee had looked into ways of
extending the life of the sanitary landfill and Joyce Hals' group
had worked up a proposal on curbside collection of recyclables The
committee had reviewed the possibility of the Town nominating a site
for a resource recovery facility to serve communities participating
in the 128 West Resource Recovery Council and, after studying avail-
able open spaces in Lexington, they had found only one site which met
the designated criteria, and that is the dry part of the sanitary land-
fill They are also in the process of looking at areas for a transfer
station Most of the towns that have been responding to the 128 Coun-
cil have been nominating a transfer site; Lincoln and Beford have
gotten together and identified suitable sites on the side of Hanscom
Field, and another one interesting to the committee is the one nomi-
nated in Weston Weston and Hanscom are rather centrally located, as
well as being close to Route 128 We are looking at places in our
town that would satisfy the criteria for a transfer station
General discussion was held on the effect on the traffic pattern
in Town and it was agreed to consult a traffic study of the area con-
ducted by the Traffic Safety Committee before the Regional Refuse
Advisory Committee comes back to the Board with further recommendations
The Commitee retired from the meeting
Chairman Kassler read a letter from Congressman Tsongas stating
365
Selectmen's Meeting February 22, 1977
that he is working diligently towards the reinstatement of the Minuteman
Minuteman National Park Advisory Board. Chairman Kessler informed National
the Board that Senator Kennedy's office had also called to say that Park Committee
every effort is being made by them regarding the Committee
Upon motion duly made and seconded, it was voted to approve Minutes
minutes of the Selectmen's meetings held on November 1 and December
6, 1976
The Board discussed a request from the Youth Advisory Commission Youth Advisory
and agreed to authorize the use of the Town seal by the Commission Commission
on the special warrant for the Student Town Meeting on March 16, 1977
The Board discussed a recommendation from the Transportation Ad- MBTA Express
visory Committee regarding the discontinuance of the commuter train Bus Request
from Bedford and Lexington to the North Station, and it was agreed to
send a letter to the MBTA to request the institution of express bus
service to Boston as Lexington would like their transportation dollars
to be applied to the provision of alternate service
The Board agreed to Mr Hutchinson's recommendation to execute Drainage
the contract with Whitman & Howard in the amount of $25,000 for the Study
drainage study authorized under Article 28 of the 1976 Annual Town
Meeting
Upon motion duly made and seconded, it was voted to adjourn at
9 50 p.m.
A True record, Attest
Executive Clerk, Selectmen
I
;166
SELECTMEN'S MEETING
February 28, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, February 28, 1977
at 7 30 p.m. Chairman Kassler, Mr Busa, Mrs Battin, Mrs Miley, Mr
Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs McCurdy, Execu-
tive Clerk, were present
Appointment Mr Dan Fenn, Chairman, Mr Wathen-Dunn and Mr Grey of the Appoint-
Criteria ment Criteria Committee met with the Board.
Committee Chairman Kassler said that, several weeks ago, the Board had accepted
with pleasure the report the committee submitted and we have scheduled
a meeting tonight for further discussion and, hopefully, a vote to accept
the recommendations and make it the official policy of the Board Does
any member wish to discuss any areas of disagreement?
Historic Mrs Miley questioned the collective criteria for the Historic
Districts Districts Commission that it is highly desirable that a local business-
Criteria man be included She felt that a businessman might have a temptation
regarding a decision if a competitor came before the Commission
Mrs Battin replied that a businessman would be realistic and
would see what restraints to offer
Mr Fenn agreed and stated that the committee would want a busi-
nessman
included
Mrs Battin added that when you have collective recommendations,
the Selectmen have the option of having a balance
Board of Mrs Miley discussed the criteria for the Board of Appeals and
Appeals said that she agreed with Mrs Margo Tutun that it is not necessary
Criteria on the individual criteria to have "Shall have lived in Lexington for
at least 8 years "
Mr Fenn said that they had spent more time discussing that single
issue and a majority of the committee felt that it was important for a
member of the Board of Appeals to know the Town and for the Town to
have the sense of that person; they finally supported the 8 years
Chairman Kassler suggested saying that a person shall have lived
in Lexington for a considerable period of time, or by using "approxi-
mately "
Mr Wathen-Dunn said that the difficulty in using "approximately"
is that it may put the wrong connotation on it. The committee felt
that this knowledge is arrived at only after considerable experience
Some members were dubious that you could acquire that knowledge in a
5-year period.
After discussion, the Board agreed to the recommendation of 8 years
Chairman Kassler asked Mr Busa if he had one specific objection?
Mr Busa replied that he knows what his feelings are, and also a
lot of people in Lexington, about the individual criteria, "Shall have
no major landholding interests in Lexington " What do you call a major
landholder? '
367
Selectmen's Meeting February 28, 1977
Mr Fenn replied that the definition is in the hands of the Board
as you can get into all kinds of issues which aren't meaningful The
committee's purpose was to preserve the effectiveness of the Board and
to protect from those kinds of vitriolic attacks which may be made to
anybody in public life We didn't even wrestle with it
Chairman Kessler said that for purposes of definition, my family's
holdings would put you in the appearance of a major landholder
Mr Busa replied that he could not accept these (criteria) if they
are going to discriminate against people living here for years He
objected that large businessmen and landowners are considered as ogres
and shouldn't be on the Board of Appeals Here, we are discriminating
and he did not think you should discriminate
Mr Fenn said that it is a tough problem. It is absolutely
necessary for people in Town to feel that the Board operates in a
totally objective manner- and, as Chairman Kassler said, appearance is
a big part of the problem.
Mrs Battin said that if it is regulatory, you can't really regu-
late your own business A landowner could abstain and may bend over
backwards but it puts them in a untenable position If you continue
to run for public office, you have to choose; you can't do both.
Chairman Kessler commented that there is a definite and obvious
difference between an interest and a cause of aggravation, and between
financial and personal gain From personal experience by being in-
volved in land dealings for the Town, he could tell of two instances
of a member of a major board having acted not in the appearance of con-
flict but in conflict of interest If we do nothing else by establish-
ing criteria, people have to act with unquestionable integrity and not
conflict of interest - and the Board of Appeals is a most important
board.
Mrs Miley agreed.
Chairman Kessler asked if the Board wished to strike out any other
section of the report?
Mrs Battin and Mrs Miley replied in the negative
Mr Busa said that he was objecting for just that one issue
Mrs Miley commented that she assumed this is not for just this
board but is a policy
Chairman Kassler replied that he didn't think they could speck for
future boards
Upon motion duly made and seconded, it was voted 3-1 to accept the
report of the Appointment Criteria Committee and to adopt the criteria
submitted as the official policy of the Board of Selectmen for the: se-
lection of members for appointment to the Board of Appeals, Town Celebra-
tions Committee, Historic Districts Commission, and Trustees of Public
Funds
Mr Busa voted in the negative
To The Board of Selectmen
11
E8
Selectmen's Meeting February 28, 1977
The Appointment Criteria Committee herewith submits its report,
PP
which is as follows
Introduction
In September, 1976, -the Board of Selectmen named an Appointment
Criteria Committee (ACC) consisting of Guy Doran, John Harvell, Judy
Marshall, Frank Totman, Margot Tutun, Weiant Wathen-Dunn and Dan Fenn
(Chairman)
The board charged the committee with the responsibility of recom-
mending to them a set of criteria for the selection of members of
selectmen-appointed committees and suggested that subsequently criteria
should be established for selectmen-appointed subcommittees and those
manager-appointed committees which require concurrence by the selectmen
The committee held its organizational meeting on October 7, 1976,
and subsequent meetings on October 18, November 4, November 23, Decem-
ber 13, December 27, January 19, and February 6
It dropped consideration of the Standing Plumbing and Building
By-Law Committee because the Commonwealth has essentially taken over
its functions Consequently it devoted its attention to the Board
of Appeals, the Town Celebrations Committee, the Historic Districts
Commission and the Trustees of Public Funds (Bridge Charitable Fund,
Gammell Legacy Income Trustee and Trustees of Public Trusts)
Virtually all current members of these groups were interviewed;
a representative selection of citizens was invited to meet with the
ACC to discuss their thoughts on criteria; and a public hearing was
held to provide citizens and opportunity to express their views
The ACC included the results of these various conversations in
developing its list of draft criteria After publication of the draft
in the Minuteman with an invitation to the community to comment, the
ACC reviewed the suggestions it received and submits a final report
to the Board of Selectmen
Nature of the Criteria
The ACC discovered very early in the process that it would be
advisable to recommend two categories of criteria for each group,
one to be used in the selection of individuals and the second to be
employed in considering the board or committee as a whole
Secondly, it decided to submit a set of criteria which should
be applied to all appointments to any of the committees it was con-
sidering
Third, it emphasized that it drew up its recommendations without
reference to any particular individuals but rather with an eye to
general public policy
Finally, the Committee would point out that, in the final analy-
sis, it is up to the Selectmen to determine how these criteria are
to be applied in specific individual cases
Recommendations
General Criteria
People invited to serve the Town by becoming members of its
important nonelected committees, boards and commissions should
369
Selectmen's Meeting February 28, 1977
Be people of competence, good will and sound, objective judgment.
Be drawn from new and long-time residents alike
Be truly interested in the welfare of Lexington and all _ts
residents
Be sensitive to the long-term as well as the immediate im-
pact of their decisions and recommendations
Be willing and able to devote the time and energy necessary
to fulfill their responsibilities
Furthermore, the ACC particularly urges that special attention be
given to townspeople of talent and education who are not readily visible
as part of the "establishment," however defined; that the board make a
special effort to seek out and recruit interested individuals and .that
it consider the creation of formal mechanisms to carry out such recruit-
ment
Specific Criteria
Board of Appeals
Individual
1 Shall have had significant experience and activity in town
affairs related to matters within the purview of the board of appeals as
evidenced, for example, by
Membership on major town boards such as selectmen, planning b>ard,
conservation commission
Town meeting membership
Significant involvement in land-use related community activities,
including especially zoning matters
2 Shall have lived in Lexington for at least eight years rhe
ACC (Margot Tutun voting "No") , departed to some degree from its general
policy in suggesting this residency requitement for the board of appeals
because it felt that the power and impact of this particular board is
so far-reaching that special emphasis should be placed on experience and
proven qualities of fairness and balanced judgment
3. Shall have been an associate member for at least two years
4 Shall have no major land-holding interests in Lexington
5 If a full member, shall not hold membership on any other major
boards, i e , planning board, board of selectmen, school committee, his-
toric districts commission, appropriation committee
6 If a full member who has served consecutively for the equiva-
lent of two full terms (10 years) , or more, shall not be reappointed
until after a lapse of at least one year
Collective
1 It is highly desirable that the Board of Appeals should in-
clude people with various specialties, including especially
Engineering background
Legal training and experience
Environmental and/or conservationist experience
Architectural and/or design training
370
Selectmen' s Meeting February 28, 1977
Town Celebrations Committee
Individual
1 Shall have specifically demonstrated the capacity to work well
with others
2. Shall have specifically demonstrated organizational ability
3 If he or she has served consecutively for the equivalent of
three terms (nine years) , or more, shall not be reappointed until after
a lapse of at least one year
Collective
1 It is highly desirable that the town celebrations committee
include people who
Have specific knowledge of Lexington's history and historic
celebrations
Are younger citizens
Represent Lexington's newer residents
Have good working relations with the Minute Men and experience
in planning joint observances with them.
Historic Districts Commission
Individual
1 Shall have demonstrated a dedication to historical heritage,
to historical preservation, to the special townscape of Lexington and
to the concept of architectural compatibility
2. If a full member who has served consecutively for the equiva-
lent
of two full terms (10 years) or more, shall not be reappointed un-
til after a lapse of at least one year
Collective
1 It is highly desirable that the historic districts commission
include people who
Have legal training and experience
Have historical training and experience
Have training in architecture, architectural history and
aesthetics
Have training and/or experience in graphic design
Is a local businessman
Trustees of Public Funds
(Bridge Charitable Fund, Gammell Legacy Income Trustee, Trustees of
Public Trusts)
Individual
1 Shall have demonstrated a working knowledge and understanding
of the financial markets, and meet the standards of "prudent man" pro-
vision
2 If he or she has served consecutively for the equivalent of
two terms (twelve years) or more, shall not be reappointed until after
a lapse of at least one year
Collective
1 It is highly desirable that the Trustees of Public Funds
shall include people who
Have legal training and experience
371
IIISelectmen's Meeting February 28, 1977
Have investment experience
Have an interest in and experience with the use and dispertial
of funds
Chairman Kassler thanked the Criteria Committee for doing an ad-
mirable job and for getting input from a large number of people in Town
Mr Fenn said that the committee had suggested that after you had
a chance to discuss and work with how that set of 4- idelines is to be
implemented, that you might want to reconstitute the committee and per-
haps work on some of the committees appointed by the Town Manager
Chairman Kassler said that we have considered this and will Fut it
on the agenda for discussion Again, thank you for a job well done
The Appointment Criteria Committee retired from the meeting
Mr Hal Singley, Chairman of the Town Report Committee, met with 1976 Annual
Board to report that the 1976 Annual Town Report will be printed cn Town Report
schedule The original budget of $12,000 was revised to $10,000, and
to print 9,700 copies will cost under $9,000 A tangible effort 'was
made in reducing the pages but it will be in character, although
slightly more modest A great deal of credit should be given to Nrs
Helen Coombes of the Selectmen's Office for typing the Town Report.,
and we sincerely appreciate her efforts
Chairman Kassler said that there are significant savings in
dollar figures and it is tremendous that when everything is going up
in this inflationary period, you are going backward. We look forward
to seeing the Town Report, and we want to recognize the fantastic
amount of effort you have been giving it on a total volunteer basis
Mr Singley retired from the meeting
Mr Joseph Rooney, Chairman, and members of the Lexington Horsing Housing
Authority met with the Board to discuss the vacancy caused by the death Authority
of William Melbye, the Governor's appointment to the Authority Vacancy
Chairman Kassler asked Mr Rooney for recommendations, in
writing, not only names but reasons why The Selectmen were asked
for input and it is only natural that we turn to the group involved.
Also, if somebody asks me for a recommendation, I would like to know
why
The Housing Authority agreed and retired from the meeting
Chairman Kassler requested the Board to sign Orders for construe- Orders -
tion of sewers, sewer takings and water taking Sewer & Water
Upon motion duly made and seconded, it was voted to sign the
Order for construction of o sewer n B s m rest Road, Waltham StrEet,
to so c
Alcott Road. Orders of sewer taking on Earl Street, Cliffe Avenue,
Emerald Street, Edna Street, Garfield Street Order of Water Taking
on Cliffe Avenue
Chairman Kassler read a request from Chief Corr to appoint Special Special Police
Police Officers Officers
372
Selectmen' s Meeting February 28, 1977
Upon motion duly made and seconded, it was voted to appoint the
following as Special Police Officers for a term of office expiring
March 31, 1978
Robert M. Hutchinson, Jr 51 Dexter Road
Richard F Zeoli 6 Highland Avenue
Donna C Mullins 156 Woburn Street
Paul G Yewell 6 Leeland Terrace
Joel G Berman 241 Worthen Road
Richard M. Silva 500 Lowell Street
Robert M. Payne 15 Chase Avenue
Robert G Simmons 82 North Street
Richard M Corazzini 400 Philip Road
Robert N Foss 8 Spencer Street
Comm.Vict Chairman Kassler read a request for a Common Victualler license
Arno' s Deli for Marno's Inc , d.b a Arno's Deli (Formerly Seseme) , 321 Woburn
Streit. A report from Mr George Smith, Director of Public Health,
recommended that the license be granted to the new owner
Upon motion duly made and seconded, it was voted to sign the
Common Vicualler license for Marno's Inc , d b a Arno's Deli, 321
Woburn Street, with hours of operation from 6 00 a.m. to 6 00 p m.
seven days per week;
225-230 Chairman Kassler read a recommendation from Mr McSweeney, Director
Wood St. of Public Works, regarding the sewer betterment assessment on lots 325-
Sewer 330 Wood Street. The report states that the imminent sale of these
Betterment lots has brought to light inaccuracies in the schedule of betterments
These lots were listed in the 1960 order as owned by the Town of
Lexington when, in fact, they were and still are owned by J Andrew and
Mildred C. Ferry of 86 Wood Street The Ferrys now plan on selling
these lots to Mr Heidke who intends to build on them. Before the lots
can be built upon, however, the sewer betterments in the amount of
$684.03 must be properly assessed and committed. In order to rectify
this error, it is recommended that proper action be taken by the Board.
Upon motion duly made and seconded, it was voted to accept the
recommendation of the Director of Public Works on Lots 325-330 Wood
Street, and
1 Abate the betterment originally assessed against the Town
of Lexington in the amount of $684 03
2 Recommit a sewer charge in lieu of betterment against the
proper original, and present, owners (Ferry) in the same
amount of $684 03
3 Defer the sewer charge in lieu of betterment against Ferry
until such time as the lots are sold or built upon
The Board also agreed that at the time lots 325-330 Wood Street
are sold, a municipal lien certificate against the property and in the
correct owner's name will necessitate proper payment of the sewer better-
ment and allow the new owner-builder to legally connect to the sewer.
373
Selectmen's Meeting February 23, 1977
Chairman Kassler read a request from Mr Norman P Cohen, Town Land Acq
Counsel to sign an Order of Taking of land Cambridge
Upon motion duly made and seconded, it was voted to sign the Order Farms
of Taking by eminent domain, upon the request of the Conservation Com- Realty
mission for conservation purposes, the land owned by Cambridge Farms Trust
Realty Trust with an award of damages in the amount of $16,000, under
the appropriation for Article 58 of the 1976 Annual Town Meeting
Mr Frank Sandy, members of the Sanitary Landfill Advisory Com- Sanitary
mittee, the Subcommittee on Recycling, and the Appropriation Com- Landfill
mittee met with the Board
A brief discussion was held on the previously submitted recom
mendations of the Sanitary Landfill Committee regarding Phase II and
it was agreed that the Town Manager and the Director of Public Works
would continue to monitor the situation at Hartwell Avenue
Mr Sandy discussed the proposed curbside collection of recy- Recycling
clables and said that Mr McSweeney had submitted a report to the
committee containing a reasonable amount of information It is felt
that we could institute the program for $40-$45,000 a year but they
would know the exact cost when bids came in We would have to do ,.
good job of getting participation as that determines whether or no•_
you save money Not all of the landfill costs would be reduced and,
in addition, they estimate $10,000 due to the extension of life at
the landfill There would be weekly pick-up of cans, clear and
colored glass, and there would only have to be three containers
If there is broad support from the Appropriation Committee, the
Selectmen and the Town Manager, he would hope to push it through
Town Meeting; if there is half-hearted support, it would not succesd
Mr McSweeney and Mr Hutchinson expressed their feelings of
support
Mr Busa said that the Town does not want curbside pick-up and,
due to lack of information, he could not support it
Chairman Kassler asked if it was the concensus of the Board tD
vote to support the program, and then turn it over to the Recycling.
Committee and the Town Manager to refine it? He asked if Mr Busa
if he would vote for the concept?
Upon motion duly made and seconded, it was unanimously voted to
endorse the concept of curbside pick-up and to refer it to the Town
Manager and the Committee for refinement
Mr Donald White said that the Appropriation Committee does nxt
recommend it and will look for an appropriatiate presentation and
more information
The Sanitary Landfill, Recylcling, and Appropriation Committee
retired from the meeting
Mr Hutchinson reported that he, as Town Manager, had conducted Revenue
a public hearing at 7 00 p m. this evening to discuss and receive Sharing
374
Selectmen's Meeting February 28, 1977
comments on the possible uses of General Revenue Sharing Funds It
is proposed to use the funds for the Council on Aging, Mystic Valley
Mental Health, Community Services, Police Vehicles, Sewer Lateral
Construction, DPW Equipment, Fire Truck; total of $550,000
Town The real problem this year is that we are short of cash before
Budget we start Last year, we had $9 6 million to offset an appropriation
and charges figure of $30 million; this revenue was exclusive of the
property tax. Last year, we had $1 4 million in E & D; we will not
have that this year, and it will take some years to build back up
We had a decline in motor vehicle excise taxes, and we didn't earn
as much as anticipated In future years, rather than look at ex-
penditures, we will look at revenues We will have to take a good,
close look at ourselves and say that we have just so much money in
the budget and will not consider anything else
The Board of Selectmen will conduct a Revenue Sharing public
hearing on March 7, 1977
Wild Acre Mr Hutchinson discussed the Wild Acre Inn and recommended that
Inn Sewer Dr Yudowitz be ordered to install the sewer at his own expense to
service the premises at 50 Percy Road, and to request that a plan be
submitted within a period of 60 days
The Board agreed and will request Dr Yudowitz to attend the
meeting on March 14 to discuss the matter
Appointment Mr Hutchinson requested the Board's approval of his appointment
Recreation of Mr David Wells of Prospect Hill Road as a member of the Recrea-
tion Committee
Upon motion duly made and seconded, it was voted to approve the
appointment by the Town Manager of Mr David Wells as a member of
the Recreation Committee
Fire Mr Hutchinson read a letter from the New England Regional In-
Insurance surance Services Offices informing him that the results of their
Classifica- recently completed analysis of the fire defenses of Lexington show
' tion the Town grades as Class 4 rather than Class 5, which previously
applied The assignment of Class 4 represents an improvement in
the city fire defenses with respect to their grading system and will
affect basic property insurance rates downward on certain classes of
property Of the three basic types of structures, wood frame, fire
resistive, and brick, the average reduction should be between 5 and
10 percent Structures equipped with automatic sprinklers and
dwelling and homeowner policies will not be affected Specifically
rated properties affected by the change in classification will be
rerated and revised rates will be effective January 18, 1977
Conservation Mr Hutchinson requested approval of an increase of $1,600 for
& Recreation Mr Clifford Prentiss, Conservation and Recreation Director Approval
Director - has been given by the Personnel Advisory Board.
Salary
Increase
375
Selectmen's Meeting February 28, 1977
Upon motion duly made and seconded, it was voted to approve an
increase in salary in the amount of $1,600 annually for Mr Clifford
Prentiss, Conservation and Recreation Director
Upon motion duly made and seconded, it was voted to go into Executive
Executive Session for the purpose of discussing strategy with Session
respect to litigation and a matter of personal reputation, with no
intention of resuming the open session
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
J14/11
giey71..,„ `mac /�/
xecutive Clerks Selectmen U
i
3764
SELECTMEN'S MEETING
March 7, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, March 7, 1977 at
7 30 p m. Chairman Kessler, Mr Buse, Mrs Battin and Mrs Miley;
Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs McCurdy,
Executive Clerk, were present
Hearing - Chairman Kessler opened the hearing to discuss a proposal sub-
Revenue mitted by the Town Manager on the possible uses of General Revenue
Sharing Sharing Funds The Town's proposed total operating budget for FY 78
Funds is $26,288,061, of which $16,262,350 is for education and $10,025,711
is for General Government ($4,500,737, Personal Services and
$5,224,974, Expenses)
Use of General Revenue Sharing is proposed in the following
areas
Article 4 - Council on Aging $ 17,240
Mystic Valley Mental Health 30,853
Community Services 33,350
Police Vehicles 25,000
Article 19 - Sewer Lateral Construction 237,615
Article 22 - DPW Equipment 125,945
Article 29 - Fire Truck 80,000
Total to be appropriated $550,000
Total available or anticipated 631,243 84
A representative of Interfaith was present and said that in the
area of housing, it would not be the expectation of a private organi-
zation to receive Town funds but they would be interested in exploring
Town funds through the Housing Authority and whether they would
collaborate with us Housing would be limited to low income people
and our effort is aimed at moderate as well as low income, and the
larger project would be mixed income If the Town were interested
in building some family housing as well as elderly, perhaps some
form of collaboration could be worked out where others in low in-
come could be worked out by Interfaith
Mr Hutchinson said that the Board is always interested and we
might be able to work on it as we get into the whole area
Mr Rooney, Housing Authority, said he felt that the hearing is
a very good idea but after the fact; it is just grounds for educating
us for another year
Chairman Kessler asked if Mr Rooney, as an individual, would
be open to working with Interfaith?
Mr Rooney replied that he would if it is within the scope of
the law
Mr Hutchinson said that he was not familiar with the statutes
but he thought it could be for low and moderate income
Mrs Renee Cochin asked what was the basis for the decision on
377
Selectmen's Meeting March 7, 1977
having the Council on Aging and Mystic Valley Mental Health funds
come out of Revenue Sharing Funds for this year and future years?
Mr Hutchinson replied that there will be a growing allocation
of these resources to human services, combined with equipment; they
are both proper areas The reason is so that we could show serving
the needs of people through all areas It is an opportunity to look
at some other types of things; we will be looking at problems of the
elderly The tax situation is driving out various segments of our
society
Mrs Cochin asked if M.V M H would be guaranteed? Also, whams
about one-shot programs?
Mr Hutchinson said that it would be about 4 1/2 years, as we
have several years left. Working with citizens depends on how the
program is expanded There has been a good indication that after
3 to 5 years experimentation it is going to be expanded Over $2 )0
is involved in our tax rate and if the money runs out, we are goin3
to have to look at these types of needs; plus it is subject to strong
auditing Rather than go through a grant
Dr Kassler said that there are concerns for human services aid,
if somewhere down the line there was a sudden shift, they are thin_c-
ing that we would not have the money for them. Mrs Cochin is saying
that perhaps it is not a good idea to peg some each year but to shift
around
Mr Hutchinson said that the police question is valid By
identifying programatical areas, we do address the programs If wa
used it for all of the equipment, we would still be able to have tae
funds for Re-place
Dr Kassler said that we are not getting into a situation that
these are only funded because we are getting money from revenue
sharing
Mr Hutchinson said that, here, you can really impact on how
you would like to see the money expended
Mrs Jackie Davison said that it is clearly demonstrated that
human services are providing services, but we don't really know what
we have or need She would like to see it for human services and,
if we get a council going, you would need a Director and there would
be funds She would like to see money for seed projects like a
directory, the same way as the information and referral system at
the Library Seed money for human services for the elderly or
recreation; things you might hesitate to put on the tax rate
Mrs Battin asked Mr Hutchinson what happens if we don't spend
the $81,000 for human services?
Mr Hutchinson replied that we will lump it in for next year;
the law requires that the money must be spent within two years of
receipt.
Mrs Cochin said that she supports Mrs Davison's suggestion
111
for seed money and new things, to give an opportunity to try programs,
but she also has concerns about long range projects going on revenue
311 8
Selectmen's Meeting March 7, 1977
sharing
Chairman Kassler said that Mr Hutchinson has made sure that a
lot of our enthusiasm is channeled well, by starting small In his
opinion, it is the only way to go
Mr Busa said that they should not lose sight of the fact that
each dollar we give in seed money has to be appropriated on the tax
rate and, just because there are revenue sharing funds, we shouldn't
experiment He said that he didn't want to get into the philosophy
of using seed money to start up this or that project but maybe they
could be done by some other means rather than revenue sharing
Mrs Cochin said that if used for seed money, we would not
continue them on
Anne Scigliano said that she was very happy with the list as it
fulfills what revenue sharing is all about
Chairman Kassler said that we will need input and we will wel-
come any suggestions
Hearing no further questions, Chairman Kassler declared the
hearing closed at 8 00 p m.
Auctioneer Chairman Kassler read applications for Auctioneer's licenses
Upon motion duly made and seconded, it was voted to sign
Auctioneer's licenses for Mr Robert N Cann, 5 Castle Road, and
Mr William A. Sennott, 10 Douglas Road, expiring March 31, 1977
Minutes Upon motion duly made and seconded, it was voted to approve
the minutes of the Selectmen's meetings held on December 13, 1976
and February 7, 1977
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 of an individual, with no intention of coming out
and resuming the open session
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
8 50 p m
A true record, Attest
;?)12e,
:))1 Executive Clerk, Selectmen
I
379
SELECTMEN'S MEETING
March 14, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, March 14, 1917 at
7 30 p m. Chairman Kassler, Mr Bailey, Mrs Battin and Mrs Miley;
Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs McCurdy,
Executive Clerk, were present
Chairman Kessler opened the hearing on the petition of the Heston Poles -
Edison Company for the installation of two poles on Worthen Road, Worthen Road
southeast of John Poulter Road, for street lighting purposes
Notices of the hearing were sent to abutters listed on the plan
of the petitioner and also filed with the Public Works Department
Mr Louis Pratt was present as the Boston Edison Company repre-
sentative and informed the Board that this is a revised petition
Chairman Kessler read a report from Mr McSweeney, Director cf
Public Works/Engineering, stating that last year as a result of a
Citizen's request, the Town asked Boston Edison to install three
additional street lights and poles on Worthen Road between John Poulter
Road and Kendall Road At that time, Boston Edison petitioned the
Town for a grant of location for the three poles However, the resi-
dent at the corner of Kendall Road and Worthen Road voiced opposition
to having a street light in front of his home For this reason,
Boston Edison withdrew their petition In accordance with procedi:xe,
they have not submitted another petition for two poles We have re-
viewed the location and recommend that the petition be approved.
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 per-
mission to the Boston Edison Company for the following location
Worthen Road, northeasterly side, from a point approximately
260 ft southeast of John Poulter Road, Two
Poles
Mr Hutchinson reported to the Board that Cherry Sheet estim=Les Cherry
had been received and Lexington will receive $128,882 10 less thar. Sheet
last year Lexington can expect to receive $3,298,187 40 against Estimates
$3,483,677 19 last year According to the Comptroller, receipts ere
only part of the total picture Offsetting it are State and County
charges and charges and assessments overestimated by the State for
a total revenue effect of minus $667,747 48 We have the dubious
distinction of going to Town Meeting with a proposed increase of
$2 60 on the tax rate, which means an estimated increase of $12 4C
on the tax rate The largest increase in charges is the County tax,
$995,896 02 against $775,083 48 last year His recommendation was to
invite our legislators in and ask them what they are doing about it,
and we should speak to it in a way that we want it done now
3S0
Selectmen's Meeting March 14, 1977
Mrs Battin said that there is a bill before the Legislature that
there be no more State mandated programs without adequate funding
Arlington had a referendum on binding arbitration and apparently the
citizens were for ending it - and it really jarred the legislators -
7,000 to 5,000 vote and the police and firefighters tried to prevent
it She urged the Selectmen to speak to Town Meeting about it in
two weeks.
Chairman Kassler agreed and said that the Board will discuss it
again
Mrs Miley said that she is going to a meeting tomorrow at the
County Courthouse on the County' s $1 2 million supplemental budget
for this year and she would carry the Board's message
Revenue Chairman Kassler opened the hearing on possible uses of Revenue
Sharing Funds Sharing Funds
Mr Hutchinson said that the question has been raised as to how
Town Meeting fits in, and it does not; the decision to allocate the
funds is within the authority of the Board of Selectmen Also, he
feels comfortable saying that the process says that the total budget
will be reviewed in relation to the proposal There have been two
hearings held and the proposed allocation of $550,000 has been given
to the public
Chairman Kassler declared the hearing closed
Bond Option Mr Hutchinson discussed a proposal for a new taxable bond op-
tion and recommended that no action be taken by the Board He
commented that you can't escape the impression that the real purpose
of the Legislature is to reduce the tax shelter
Treasurer Mr Zehner met with the Board to request approval of borrowing
$1 million in tax anticipation Bids were received and he recommended
that the money be borrowed from the lowest bidders
Upon motion duly made and seconded, it was voted to borrow a
total of $1 Million from the following banks, notes to be dated
March 18, 1977 and mature on May 3, 1977
Harvard Trust Company $250,000 1 90%
Shawmut Bank of Boston 500,000 2 00%
First National of Boston 250,000 2 01%
1976 Town Mr Hal Singley, Chairman of the Town Report Committee, met with
Report the Board to report that the 1976 Annual Town Report will be delivered
to the townspeople on March 19 by the Boy Scouts He thanked the
Committee for their dedicated work and paid tribute to Mrs Helen
Coombes of the Selectmen's office for doing a superlative job in
typing the report. The report should cost under $9,000
Chairman Kassler expressed the Board's thanks to Mr Singley
for his accomplishment in producing not only a beautiful report but
at a substantially reduced cost
3i
Selectmen's Meeting March 14, 1977
Mr Hutchinson
recommended that the Board approve a transfer Transfer
of $5,000 Snow Removal
Upon motion duly made and seconded, it was voted to request
the Appropriation Committee for approval of a transfer from the
Reserve Fund in the amount of $5,000 to Account #5500-Snow Removal
for sanding, salting, and snow removal operations
Dr Bernard Yudowitz, owner of Wild Acre Inn located at 50 Sewer - Wild
Percy Road met with the Board to discuss the installation of a Acre Inn
sewer to service the Inn
Mr Hutchinson said that, apparently, there has been a sewer
problem and you have been allowed to pump it out. In reviewing it
with the Board of Health, the problem doesn't go away The Town
is economically pressed and we can't provide a sewer The recommenda-
tion is that Dr Yudowitz be ordered to install the sewer at his own
expense or shut the operation down
Dr Yudowitz said that he had submitted plans for the sewer and
he had petitioned to do this He cannot continue with the pumping
as it costs $4,000 a year He said that this has been going on
since 1975 and he felt it most unequal that the Town will service
that area at his own expense and yet there is a sewer there When
the Town did put in the sewer line, the assumption at that time wa:;
that the two houses down the road would not need a sewer; therefore,
the Town put in a sewer 10 ft above any connection that could be
supplied by a gravity flow This presented a problem. When he
first heard from Mr Smith of the Board of Health about the sewer,
he concurred 100 percent and within a week he had hired C E Maguire
From a period of 5/9/75 to 5/16/75, C E Maguire had submitted a
plan, which were submitted to the Town Engineer Dr Yudowitz
thought that this was known to the Board of Selectmen (1) the
alternative to go through marsh lands, which was rejected; (2)
alternative to put in a pumping system, which was rejected because
you need a back-up and also constant maintenance - and it wasn't a
feasible system in the long run; (3) alternative of a gravity flow
system, which he agreed to, and the Town Engineer agreed to Then
he went before the Board of Health and presented the gravity flow
proposal The question at that time was would he be willing to pro-
vide area sewer up Percy Road to Highland Avenue, and the Town
Engineer suggested that the Town would provide the sewer connection
while Dr Yudowitz would provide the betterment for Dr Sizer,
52 Percy Road, did not feel that it was in his best interests and
Dr Yudowitz had signed the petition and submitted the papers saying
that he was willing to pay his betterment As to the problem of
going down Highland Avenue, we have the question of closing down a
public road and the problem of providing Lexington with sewer man-
holes He said that he didn't know of a situation of a citizen
putting it in and solving the problems of others He was more de-
lighted to work it out; more than delighted to pay the betterment
382
Selectmen's Meeting March 14, 1977
and going up Percy Road to meet the sewer This was after a vote of
the Board of Health to provide him with a reasonable sewer - and he
didn't know why the Town is coming to him and asking him to do what
he was willing to two years ago The principle he couldn't follow
was for the Town to say it was not financially able to do it and
yet you put in traffic signals, etc
Mr Hutchinson asked Mr George Smith, Director of Public
Health, to comment.
Mr Smith said that, as Dr Yudowitz stated, he did appear be-
fore the Board of Health and there were two points we discussed,
(1) Dr Yudowitz would ask abutters to join in financing the sewer
line In talking with Dr Yudowitz, apparently this never material-
ized as he couldn't get them to go along; (2) the Town was to give
Dr Yudowitz some relief in providing some connection Essentially,
Dr Yudowitz is correct and he did get consideration from the Town
Engineer It was mostly discussed with the Town Engineer as it was
more in the domain of Engineering
Chairman Kassler said that there is no problem as Dr Yudowitz
has agreed to finance the sewer The Selectmen have recently voted
a policy for people like Dr Yudowitz to follow in providing a sewer
at their own expense; for anybody that wants a sewer in an area that
the Town cannot put in at its expense, for citizens who would like
to pay all or a portion Dr Yudowitz has expressed a willingness
to do this
Mr Bailey added that this is a means whereby a citizen may
construct the sewer and betterments are not assessed
Dr Yudowitz said that he understood but in his position, he
couldn't say that he agreed with it
It was agreed that a meeting is to be arranged with Dr Yudowitz,
Mr Hutchinson, Mr Smith, and Mr McSweeney to discuss details for
the installation of the sewer at Dr Yudowitz' expense A copy of
the Selectmen's sewer policy is to be sent to Dr Yudowitz immediately
Town Mr Leo Gaughan, Vice Chairman of the Town Celebrations Committee,
Celebrations met with the Board. He informed the Board that a subcommittee had been
Committee formed to work out the details of the dedication of the new flagpole,
Bicentennial the Bicentennial Permanent Memorial, on Sunday afternoon, April 17
Memorial The subcommittee will consult with all who may be involved and report
Ceremony back to the Town Celebrations Committee for approval of plans Mr
Gaughan also discussed the financial situation and said that the
$7,500 budget had been reduced to $6,500 and they find themselves
in a bind in trying to make plans for April 18 For the past two
years, they have been operating under special funding for the Bi-
centennial and, this year, they will need in the vicinity of
$9-10,000
Mr Bailey said that we have talked about using the income from
the LeRoy Brown Trust Fund but we haven't heard from the Trustees
The income would only be about $500 00
3E83
Selectmen's Meeting March 14, :L977
Mr Gaughan explained that, to date, there are only about ten
musical units lined up for the parade, and the only definite mili-
tary unit is from Hanscom Field. Any organization, association or
merchant willing to sponsor a unit will be properly recognized in
the parade
Chairman Kessler asked that T C C 's subcommittee submit the
plans for April 17 to the Board of Selectmen as soon as possible
and the Board agreed to meet with the Town Celebrations Committee
sometime in May
Mr Gaughan thanked the Board and retired from the meeting
Chairman Kassler read a recommendation from the Appropriation Appointment
Committee that Mr Frank Hazel be appointed to the Personnel Advi- Personnel
visory Board. Advisory
Upon motion duly made and seconded, it was voted to appoint M^ Board
Frank Hazel, 1 Whitepine Lane, a member of the Personnel Advisory
Board for a term of office expiring March 31, 1979
Chairman Kassler read a request from Secretary Guzzi for ap- Certificate of
proval of a location for a Certificate of Incorporation Incorporation
Upon motion duly made and seconded, it was voted to sign the
form submitted by Secretary Guzzi for approval of the location, as
a maildrop, at 27 Turning Mill Road for a Certificate of Incorpora-
tion for Business & Economic Services Institute, Inc
Chairman Kessler read a request from Mr McSweeney, Director Water Bills
of Public Works, for approval of abatement of water bills Abatement
Upon motion duly made and seconded, it was voted to abate the
following water bills
Scott Properties 1 Circle Road $11 20
Fred Hersom 251 East Street 32 40
Richard T Magnuson 97 Meriam Street 95 40
John Eddison 20 Nickerson Road 108 85
Chairman Kassler recommended that the Board approve annual bolds Bonds
Upon motion duly made and seconded, it was voted to approve tie
following bonds Constable John J Shine, Jr , $3,000; Mr Louis A.
Zenner, Town Treasurer, $152,000; Mrs Doris E Barclay, Collector of
Taxes, $148,000
Upon motion duly made and seconded, it was voted to approve the Minutes
minutes of Selectmen's meetings held on December 20, 1976 and February
8, 1977
Chairman Kassler read a request from the League of Women Voters L W V -
to sell booklets during Town Meeting Cary Hall
Upon motion duly made and seconded, it was voted to grant per-
e)84
Selectmen' s Meeting March 14, 1977
mission to the League of Women Voters to set up a table in the lobby
of Cary Memorial Hall to sett booklets during Town Meeting
Dog Fee Mr Bailey informed the Board that he had received a letter from
Complaint Mrs Saakvitne, 335 Marrett Road, complaining about the fee charged
for impounding her dog
The Board agreed to refer the matter to the Town Manager for
review
Executive Upon motion duly made and seconded, it was voted 4-0 by roll call
Session vote to go into Executive Session, with no intention of resuming the
open session, to discuss strategy with respect to land negotations
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
9 00pm
A true record, Attest
:)"/11 �7C
x cutive Cl , Selectme
1
385
' SELECTMEN'S MEETING
MARCH 21, 1977
A regular meeting of the Board of Selectmen was held in the
Selectmen's Meeting Room Town Office Building, on Monday, March 21,
1977, at 7 00 p m. Chairman Kassler, Mr Bailey, Mr Busa, Mrs
Battin and Mrs Miley; Mr Hutchinson, Town Manager; Mr Cohen, town
Counsel; Mrs McCurdy, Executive Clerk, were present
1
I
386
Selectmen' s Meeting March 21, 1977
Mr Reilly said that if the Bedford Site is selected, there
would have to be an access road. If these two are combined, the
amount of truck traffic on Bedford Street would be small
After discussion, it was agreed to designate the sanitary
landfill
Upon motion duly made and seconded, it was voted to designate
the Hartwell Avenue sanitary landfill as a possible regional land-
fill site
Council/Aging Mr Hutchinson informed the Board that he had been advised by
the Council on Aging that they support the Article on increased
membership Also, details are to be given later to the Board on the
status of collective bargaining
School Sites The Board discussed the establishment of a Committee to Study
Conversion Alternative Uses of Released School Buildings and Sites and the
Committee charge to the Committee
Mr Busa said that he would like to serve on the committee
Mrs Elizabeth Reinhardt was present and said that the Histori-
cal Commission is interested in representation on the Committee as
they have special knowledge that would be very valuable
The Board agreed
In response to questions from the audience, Chairman Kassler
said that having three citizens on the Committee from affected
school areas would give an overview of all neighborhoods They will
meet in open session and, with a Committee like this functioning,
people will be able to get all input Also, he didn't expect this
Committee to function as the sales group
Upon motion duly made and seconded, it was voted to establish
the Committee to study Alternative Uses of Released School Buildings
and Sites, to be comprised of -
1 Selectmen
2 Planning Board Member
3 School Committee Member
4 Permanent Building Committee Member
5 Business person/realtor
6 Economist/financier
7 Architect
8 Citizen)
9 Citizen) from affected school areas
10 Citizen)
11 Town Manager
12 Historical Commission Member
The charge to the Committee is as follows
1 To determine the best short-term handling of the Hancock
School
387
Selectmen's Meeting March 21, 1977
2 To determine the most advisable final disposition of the
Hancock School building and site; bearing in mind, amonc
all other considerations, the historic nature of the build-
ing, the effect of various alternative uses on the immec.iate
neighborhood, and the overall needs of the Town
3 To gather similar information pertaining to the alternative
uses and final disposition of the other schools mentioned
in the School Committee's letter of March 7, 1977 Parker,
1978; Munroe, 1979; Adams and Muzzey, 1980
The Board agreed to write to the chairman of the involved com-
mittees requesting a nominee Also, all interested citizens could
write to the Board concerning the three citizen appointments
The Board agreed to make the annual appointments at the meeting Annual
on Monday, April 4, 1977 Appointments
Mr Temple Scanlon, Director of the Lexington Housing Authority, Housing
met with the Board to request approval of amended contracts under the Authority/
Section 8 Housing Assistance Payments Program. The amendment con- HUD Contract
sists of a 20 percent increase in the fair market rents; therefore,
additional funds will be received from HUD in the amount of $44,7.72 00
Upon motion duly made and seconded, it was voted to authorize
Chairman Kassler to sign the Section 8 Housing Assistance Payments
Program Amendatory Annual Contributions Contract between the Lexington
Housing Authority and the United States Department of Housing and
Urban Development.
The Board discussed resolutions to be presented to Town Meeting Resolutions
opening session this evening under Article 2, and it was agreed that for Town
Mrs Battin and Mrs Miley would read the following for approval of Meeting
Town Meeting Approval -
Collective
COLLECTIVE BARGAINING Bargaining-
State Man-
WHEREAS Compulsory and binding arbitration for public safety dated
employees has been shown to undercut severely the Programs-
11 powers of home rule by requiring an outside arbitrator Local Aid
to choose the final settlement;
WHEREAS The effect of the trial period of this law has been :o
undermine effective collective bargaining;
WHEREAS This law has contributed significantly to higher local
budgets and increased property taxes by raising the
level of all local wage settlements;
THEREFORE Be it resolved that the Lexington Town Meeting hereby
votes to convey to the Governor and our elected Stats
Representatives and Senators our desire that there ba
no extension of compulsory and binding arbitration bs-
388
Selectmen's Meeting March 21, 1977
termination of1977, sothat 111
gond its e enation date June 30,
final authority for determining local expenditures be
returned to Town Meeting
STATE MANDATED PROGRAMS
WHEREAS State mandated programs which are unfunded by the
State represent, in most cases, a continued erosion
of home rule;
WHEREAS State mandated programs make little allowance for
the individuality of local governments;
WHEREAS Such programs present an increasingly onerous bur-
den on local budgets and on the property tax;
BE IT RESOLVED That the Lexington Town Meeting convey to the
Governor and our elected State Representatives and
Senators our desire that there be no further
legislation or executive actions mandating programs
that require expenditures by cities and towns with-
out providing for full State funding or local accep-
tance
LOCAL AID
WHEREAS Uncertainties about the sum of money allocated by the
Commonwealth of Massachusetts in the various categories
of local aid makes sound financial planning impossible
for local officials;
WHEREAS Local aid is, in many cases, partial State funding of
State mandated programs imposed without the consent of
local officials;
WHEREAS Local real estate taxes have been impacted to the break-
ing point by such mandated programs,
THEREFORE Be it resolved by the Lexington Town Meeting that the
Governor and 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
Sewer The Board discussed a letter, signed by sixteen citizens, request-
Advisory ing the establishment of a permanent sewer advisory committee
Committee Chairman Kassler said that this poses a problem on the position
of the Selectmen regarding sewers but I think that a Committee is a
good idea.
Mr Busa disagreed and said that we, as elected officials, are
the Board of Public Works and, if questions arise and with only less
than 5 percent of the Town left to be sewered, we and the Town Manager
can handle them
389
Selectmen's Meeting March 21, 1977
Mr Baileysaid aid that he was offended by one statement in the
letter - "You will recall that last year the Town Meeting indicated
its desire for a comprehensive review of the sewer program." - Town
Meeting got it last year as Allen reviewed it and went through all
the Articles Mr Bailey thought that calling it a permanent sewer
advisory committee would be a fatal mistake He had no objection to
creating a committee before our next Capital Budget sessions but it
should be a one-shot thing to see if it is desirable next year
Mrs Miley said that it is too late to be making a decision now
Mr Hutchinson was agreeable to an advisory committee for next
year's budget recommendations
Upon motion duly made and seconded, it was voted 3-0 to estab-
lish a sewer advisory committee and the Board is to develop a charge
to the Committee and have them report back to the Selectmen prior to
the 1978 Capital Budget schedule
Mr Busa abstained
Chairman Kassler requested approval of the Town Clerk's bond Bond -
Upon motion duly made and seconded, it was voted to approve the Town Clerk
bond for Miss Mary R. McDonough, Town Clerk, for $6,000
Chairman Kassler read a request from the Lexington Friends Com- Request for
munity Residence, Inc to display a sign in front of Cary Memorial Sign at
Hall advertising one week in advance of the Black Eagle Jazz Con- Cary Hall
cert at Cary Hall on April 30, 1977
The Board agreed that the request for a sign required approval
of the Building Commissioner, Board of Appeals, and the Historic
Districts Commission
The matter was referred to the Town Manager
The Board discussed the dissention between the two baseball Baseball
leagues ues in Town and it was theunanimous of the Board tc Leagues
gopiniongu
refer the matter to the Recreation Committee and request that
they attempt to resolve the situation
Action was deferred for one week on the application of the
Lexington Little League for a one-day liquor license on April 30
The Board discussed Articles for Town Meeting this evening and
then adjourned to Cary Hall
Upon motion duly made and seconded, it was voted to adjourn at
7 55 p.m.
A true record, Attest
Executive Clerk, Selectmen
390
SPCIAM
SELECTMEN'S MEETING
MARCH 23, 1977
A special meeting of the Board of Selectmen was held in the
Selectmen's Meeting Room, Town Office Building, on Wednesday, March
23, 1977 at 7 00 p m. Chairman Kassler, Mr Bailey, Mr Busa, Mrs
Battin and Mrs Miley; Mr Hutchinson, Town Manager; Mr Cohen, Town
Counsel; Mrs McCurdy, Executive Clerk, were present
Fire Dept. Mr Hutchinson informed the Board that the Town has been served
with an unfair labor practice because of the removal of the televi-
sion set He will discuss it with the Board next Monday evening
Annual Chairman Kassler advised the Board that the appointment criteria
Appointments adopted recently also gave maximum time periods for people to stay on
boards and committees, and there are three appointments coming up
which far exceed the specified time
It was agreed to discuss it at a later time
Liquor - Chairman Kassler read a request for approval of a new Manager
Sheraton of the Sheraton Motor Inn
Upon motion duly made and seconded, it was voted to approve Mr
John Greenwood as Manager of the Sheraton Lexington Motor Inn under
the Innholder All Alcoholic Beverages license
Patriots' The Board agreed to accept the invitation from the Town Celebra-
Day tions Committee to participate in the parades on Patriots' Day, April
Parades 18, 1977
Permits Chairman Kassler read a request from the Minute Men for the use
of the Battle Green
Upon motion duly made and seconded, it was voted to grant per-
mission to the Lexington Minute Men, Inc , for the use of the Battle
Green on Saturday, April 9, to rehearse the re-enactment of the
Battle of Lexington
Minutes Upon motion duly made and seconded, it was voted to approve the
minutes of Selectmen's meetings of December 27, 1976 and January 3,
1977
Flagpole Chairman Kassler asked about the height of the new flagpole and
Mr Busa explained that the Historic Districts Commission had given
a letter of compliance with 125 ft. and all companies bid on the
Historic Districts Commission's order
The Board discussed Articles for Town Meeting
391
Special
Selectmen's Meeting March 23, 1977
Upon motion duly made and seconded, it was voted 5-0 by rol_
call vote to go into Executive Session to discuss strategy with Executive
respect to litigation
Upon motion duly made and seconded, it was voted to adjourn at
7 45 p.m.
A true record, Attest
E44,f,„,„„ 227 >17C
ecutive Clerk, Selectmen
LGC�'�
I
392
SELECTMEN'S MEETING
March 28, 1977
A regular meeting of the Board of Selectmen was held in the
Selectmen's Meeting Room, Town Office Building, on Monday, March
28, 1977 at 7 00 p m. Chairman Kessler, Mr Bailey, Mr Busa,
Mrs Battin and Mrs Miley; Mr Hutchinson, Town Manager; Mr
Cohen, Town Counsel; Mrs McCurdy, Executive Clerk, were present.
Taxicab Mr. Edward Tippett, President of Arlex Taxi Corporation, met
Licenses with the Board to discuss the renewal of his taxicab licenses
which expired today
Mr Hutchinson informed the Board that Captain Lima reports
that all taxis have been inspected and there has been a general
upgrading of the condition of the cabs Therefore, Mr Hutchinson
recommended that the licenses be renewed until May 2, 1977
Mr Busa suggested that the new cabs be given licenses for a
year
The Board disagreed and accepted Mr Hutchinson's recommenda-
tion
Upon motion duly made and seconded, it was voted to license
until May 2, 1977 the following taxicabs owned by the Arlex Taxi
Corporation d/b/a Lexington Cab Company
Registration #6847 Cab #14
6848 " 16
6849 " 18
6875 20
6881 22
6855 in38
6854 " 39
6882 " 24
6877 " 101
Mr Tippett retired from the meeting
One-day Chairman Kessler read an application for one-day liquor licenses
Liquor Upon motion duly made and seconded, it was voted to sign the one-
License day liquor licenses for W R. Grace Company on March 31 and April 15, 1977
Resolution Chairman Kassler read a request from Representative Lincoln P
Girls Cole to sign a resolution to be read at Town Meeting tonight
Softball Upon motion duly made and seconded, it was voted to sign the
resolution concerning the Lexington High School Girls' Softball Team
winning the 1976 championship
Mrs Mary Fran Anderson of the Youth Advisory Commission met
I
393
Selectmen's Meeting March 28, 1377
with th the Board to request support for a benefit concert to be held Youth Advisory
at the High School on June 4, 1977 She explained that in order to Concert
hire a band, they charge $2,500 with a deposit of $700
After discussion, the Board agreed that no funds were available
in the Town budget but perhaps Mrs Anderson could get 10 to 15
individuals to guarantee $100 each.
Upon motion duly made and seconded, it was voted to support the
concept of the proposal presented by Mrs Anderson for a Youth
Advisory Commission project for a benefit concert, with profits to
be used for a youth employment service, with the understanding that
the Commission approach individuals to guarantee the money
Mr Paul MacKenzie, Chairman of the Planning Board, met with Planning
the Board to discuss Articles for Town Meeting He informed the Board Articles
Board that the Planning Board will present Article 56 to change
the names of four sections of Emerson Road and one section of
Worthen Road It is the unanimous recommendation of the Planning
Board to make these changes They recommend adoption of Article
56-Housing Authority Article for zoning amendment on Woburn Street
Also, unanimous on the acceptance of Article 74-Acceptance of
Chapter 808 Amendments require that Town By-Laws be in confor-
mance by June, 1978 There is a lot of work to be done and they
feel it should be started this year and finished next year
Other Articles were discussed and Mr MacKenzie said that a
written position paper will be submitted to the Selectmen
Chairman Kassler thanked Mr MacKenzie and he retired from
the meeting
Mr Hutchinson recommended that the Board award the contract Contract
for sewer construction on Waltham Street to United Construction 77-4-E
Company, lowest bidder at $239,199 53 The project involved Sewer & Water
6,600 ft. of sewer and 400 ft of water construction on Waltham Construction
Street, Blossomcrest Road, Waltham Street to Blossomcrest Road
Easement, Alcott Road, Earl and Garfield Streets, Edna and
Emerald Streets, Cliffe Avenue (sewer and water)
Upon motion duly made and seconded, it was voted to award
Contract 77-4-E to United Construction Co of Somerville for
Sewer and water construction in the amount of $239,199 53
Mr. Hutchinson recommended that the Woburn Council of Social Request for
Concern be informed that their request for a grant of $1,773 00 Funds
from the Town of Lexington to support a continuation of the legal
assistance program be denied because there are no monies available
at this time
The Board agreed with Mr Hutchinson's recommendation
Mr Hutchinson requested approval of the agreement reached with D P W Union
the Public Works Union and authorization for him to execute the con-
394
Selectmen's Meeting March 28, 1977
tract He presented a summary of the agreement, as follows
1 Duration - The new contract will be in effect July 1, 1977
through June 30, 1978
2 Wages - Each man, in addition to scheduled step increases,
if any, shall receive a $550 per year increase This
represents a budget increase of approximately 5 1%
3. Vacations - Employees will be entitled to 3 weeks after
5 years (previously 6 years) and 4 weeks after 13 years
(previously 15)
4 Clothing Allowance - The clothing stipend will be increased
from $40 to $50 per year per man
5 Longevity - DPW employees will have the benefit on a
longevity compensation program similar to the plan currently
in effect in the Fire department Payments shall be in lump
sums as follows
After 15 years - $ 75 per year
After 20 years - $100 per year
After 25 years - $200 per year
6 Discipline and Discharge - The Town has agreed to incorpo-
rate a "just cause" provision into the contract which
reflects the present Town policy All employees who have
completed their six-month probationary period will be en-
titled to grieve any disciplinary action or discharge
7 Management Rights - The Union has agreed to incorporate a
"Management Rights" clause into the contract Under such a
provision, the Town Manager and Director of Public Works/
Engineering will be granted broad latitude in making manage-
ment changes unless the matter has been specifically men-
tioned in the Agreement
8 Overtime - The Director of Public Works/Engineering will be
permitted to assign overtime for non-emergency operations
at his discretion
9 Jury Duty - The Union has agreed that employees will be re-
quired to report for work if they are released from Jury Duty
by 12 ihoon
10 Holidays - The Town has agreed to celebrate Saturday holidays
on Friday Previously, employees received no day off for
Saturday holidays Saturday holidays occur infrequently and
this clause was intended to rectify the problem of three
Saturday holidays falling within a period of two months
(Christmas, New Years, Martin Luther King Day) Provisions
have been made to maintain the established Sanitary Land-
fill schedule
11 Tuition - The Town has agreed to reimburse employees for 50%
of Tuition costs for job-related education Employees must
earn a grade of "C" or better and receive the prior written
approval of the Town Manager
e`? 9 5
Selectmen's Meeting March 28, 1977
12 -
ArbitrationUnder the new contract, all grievances mai be
submitted to binding arbitration if there has been no satis-
factory resolution at the Town Manager's level Currently,
this provision is only available for matters involving
discipline and discharge
Upon motion duly made and seconded, it was voted to approve the
summary of the agreement reached with the Public Works Unions, as
presented by Mr Hutchinson, Town Manager, and to authorize him to
execute the DPW contract
The Board agreed to table discussion of the agreement with _he
Police Betterment Association
Upon motion duly made and seconded, it was voted 5-0 by roll Executive
call vote to go into Executive Session, with no intention of re- Session
suming the open session, for the purpose of discussing strategy with
respect to litigation and matters concerning the reputation of a
person
After discussion, it was voted to go out of Executive Session
and adjourn at 8 00 p.m.
A true record, Attest
xecutive Clerk, Selectme
SPECIAL
SELECTMEN'S MEETING
March 30, 1977
A special meeting of the Board of Selectmen was held in the
Selectmen's Meeting Room, Town Office Building, on Wednesday, March
30, 1977 at 7 00 p m. Chairman Kassler, Mr Bailey, Mr Buse, Mrs
Battin and Mrs Miley; Mr Hutchinson, 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
Lois L Moore 49 Moreland Avenue
Edward D Tocio 19 Ingelside Road
Wilfred Husgen 11 Marshall Road
Doris E Hamilton 359 Lowell Street
Marjorie M. Andrew 3 Bowker Street
Richard A Sandberg 9 Bartlett Avenue
Richard E Hartwell 26 Spencer Street
Pamela B. Rogers 147 Shade Street
Bedford Water Mr Hutchinson informed the Board that the Town of Bedford is
having a water problem and they have requested that we supply them
with the water The details haven't been worked out yet but it is
recommended that we give them some assistance
Mr McSweeney said that Bedford has permission from the Metropi-
tan District Commission but we have to receive MDC permission to
follow up on this Bedford just can't acquire the water the way
they want it He said that he would like to connect it through the
Veterans' Hospital
Upon motion duly made and seconded, it was voted to reaffirm
the previous vote to supply water to the Town of Bedford, as
recommended by the Town Manager and the Director of Public Works/
Engineering
Easements Mr Hutchinson recommended that the Board vote an intent to
Mass Ave. take temporary construction easements on Massachusetts Avenue
Clarke & Upon motion duly made and seconded, it was voted an intent to
Muzzey Sts take temporary construction easements required for the construction
of sidewalks on Massachusetts Avenue between Clarke Street and
Muzzey Street
Mr Hutchinson recommended the amendment of the Traffic Rules
and Orders by adding No Parking restrictions on both sides of
Massachusetts Avenue; also, Stop signs at Watertown and Pleasant
Streets
397
Special
Selectmen's Meeting Marcz 30, 1977
Upon motion n duly made and seconded, it was voted to amend tae Traffic
Traffic Rules and Orders of Lexington adopted by the Board of Amendments
Selectmen on November 13, 1967, as follows Mass Ave
By adding to Article V, Section 2, Schedule #1 Percy Rd
Type Bloomfield
Location Side From To Parking
Mass Avenue Northerly 580 ft Westerly of 132 ft West No Parking
Percy Road
Mass. Avenue Southerly 75 ft. Easterly of 132 ft. East No Parking
Bloomfield Street
By adding to Article VIII, Section 22, Schedule #7
Street Location Regulation Pleasant &
Pleasant Street Northeastbound at Watertown St Stop Watertown
Watertown Street Northwestbound at Pleasant St Stop Streets
Watertown Street Southeastbound at Watertown St Stop
(Island)
Mr Hutchinson advised the Board that the Woburn/Lexington Boundary
boundary line dispute has been resolved and we owe special thanks Woburn &
to the City of Woburn for their cooperation For recording pur- Lexington
poses, we need a vote of the Board
Upon motion duly made and seconded, it was voted to reaffirn
the vote of November 22, 1976 of a common boundary line between
the City of Woburn and the Town of Lexington as shown on the
original Town Line Plans of 1794, from a survey by Thompson
These plans are on file in the Commonwealth of Massachusetts
Archives and are identified as "1794 Plan of Lexington by Thompsan,"
Archives #1186 and "1794 Plan of Woburn by Thompson" Archives #1206 "
Mr Hutchinson recommended that the Board approve the transfer Transfer
of $6,000 to Account #1125-Police and Fire Medical for payment of Police &
bills arising out of work-related injuries Fire Medical
Upon motion duly made and seconded, it was voted to request
approval of the Appropriation Committee for a transfer from the
Reserve Fund to Account #1125-Police and Fire Medical
Chairman Kessler read a letter from the Town Celebrations Cam- Town
mittee requesting that the income on the Leroy Brown Fund be made Celebrations/
available to them for expenses incurred for Patriots' Day activities Trustees of
The Committee also requested that the Board investigate other ways Public Trusts
of paying for feeding the extra police who will be on duty on
Patriots' Day
Mr Hutchinson said that he had talked with Chief Corr about
the Police and the recommendation is that the Town Manager will find
the money to take care of the food
The Board agreed to the recommendation
Upon motion duly made and seconded, it was voted to request the
Trustees of Public Trusts for approval of the expenditure of the
311(2
Special
Selectmen' s Meeting March 30, 1977
accumulated interest in the Leroy S Brown Fund to the Town Celebra-
tions
Committee for expenses incurred for the Patriots' Day celebra-
tion
Permit Chairman Kassler read a request for a walk-a-thon
Upon motion duly made and seconded, it was voted to grant per-
mission to the High School Medical Careers Club for a walk-a-thon
on May 14, with a rain date of May 21, 1977, subject to approval of
the approval of the route by the Town Manager and Chief Corr
Permit Chairman Kessler read a letter from Ms Harriet Chmela of the
Masterworks Chorale for permission for an auction on April 30 from
12 00 Noon to 5 00 p m; also, for the Lexington High School German
Band and a barbershop quartet to give short, promotional performances
in the Center
The Board agreed to inform Ms. Chmela that a licensed Lexington
auctioneer must conduct the auction
Upon motion duly made and seconded, it was voted to grant per-
mission to the Masterworks Chorale to conduct an auction on April 30
in the First Baptist Church from 12 00 Noon to 5 00 p m. Also, to
approve the request for the German Band and the barbershop quartet
to perform in the Center, subject to the restrictions set forth by
the Town Manager and the Chief of Police
Minutes Upon motion duly made and seconded, it was voted to approve the
minutes of the Selectmen's meetings of January 17 and January 24, 1977
Brucchi Mr Busa recommended that a dog hearing be held on April 20
Dog Hearing Upon motion duly made and seconded, it was voted that Mr Busa
is to conduct a hearing on April 20, 1977 at 9 30 a.m on the formal
complaint of Mr John Brucchi for damages for chickens killed by an
unknowndog(s)
Executive Upon motion duly made and seconded, it was voted 5-0 by roll call
vote to go into Executive Session to discuss the reputation of per-
sons, with no intention of resuming the open session
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
)14)
xeCutive Clerk, Selectmen
3(9
SELECTMEN'S MEETING
April 4, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, April 4, 1977 at
7 00 p m. Chairman Kessler, Mr Bailey, Mr Busa, Mrs Battin and
Mrs Miley; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel;
Mrs McCurdy, Executive Clerk, were present.
At the request of the Town Clerk, the following jurors were drawn Jurors
Margaret L Hogan 1 Stearns Road
William R. Weiss, Jr 16 Estabrook Road
Nicholas Colette 26 Volunteer Way
Mr Hutchinson recommended that the Board grant the request of One-Day
the Lexington Little League for a one-day liquor license on April 30, Liquor Lic
1977 for a benefit dinner dance He briefly discussed the dissection
between the two baseball leagues and said that the Town's role will
be to review with both leagues the allocation of fields
Upon motion duly made and seconded, it was voted to sign the one-
day liquor license for Lexington Little League, Inc for April 3C ,
1977 for a dinner dance at the Armory
Mr Hutchinson read a letter from Mr Andrew J Lane, President Abatement-
of A. J Lane & Co , Framingham requesting an abatement of sewer bet- Lane Sewer
terment assessment on the property at Woodpark Estates as they had Betterment
built a subdivision per rules and regulations of the Planning Boa.rd
and the Town of Lexington, installing utilities and completing tt'.e
road to the Town's specifications at their own expense The topog-
raphy of the frontage lots on Wood Street did not allow them to tie
into the sewerage on Wood Street; the house connections were ties. into
sewer mains they installed at their expense Therefore, they dic. not
feel that they should be paying twice for Town sewerage
Mr Hutchinson recommended that the Board abate the assessment
Upon motion duly made and seconded, it was voted to abate the
sewer betterment assessment against the property at Woodpark Este.tes,
owned by A. J Lane & Co , in the amount of $4,164 18
Mr Hutchinson read a request from Mr McSweeney, Director of Flagpole
Public Works/Engineering, recommending payment of a bill from B A. Bill
Larson Company for replacement of the flagpole on the Green, in the
amount of $18,559 16 The report stated that the price in accordance
with the contract items which have been completed is $22,667 00 In
addition, extra work amounts to $2,898 16 To date, we have issued
payments to B A. Larson amounting to $6,600 00 and therefore there
is a balance due of $18,965 16 However, we are back-charging the
contractor for $56 00 in Town labor costs, and are withholding $:350 00
411)0
Selectmen's Meeting April 4, 1977
pending repainting of the bottom mast
Mr Busa said that the Bicentennial Corporation has $30,000
being held in escrow under Article 32 of the 1976 Annual Town
Meeting and payment would come out of that account The Bicenten-
nial Corporation has $30,000 being held in escrow under Article 32
of the 1976 Annual Town Meeting and payment would come out of that
account The Bicentennial Corporation agrees with finalization of
the agreement, and it may be brought up at Town Meeting
Upon motion duly made and seconded, it was voted to approve
payment of $18,559 16 to B A Larson Company for the new flagpole
on the Battle Green Payment of $350 00 is to be withheld pending
repainting of the bottom mast
Minutes Upon motion duly made and seconded, it was voted to approve the
minutes of Selectmen's meetings of January 19, January 25, January
31, 1977
Permit Chairman Kassler read a request for the use of Buckman Tavern
grounds
Upon motion duly made and seconded, it was voted to grant per-
mission to the Painters Guild of the Lexington Arts and Crafts
Society to use the Buckman Tavern lawn for the annual spring ex-
hibit on Saturday, June 4, from 10 00 a m. to 5 00 p m. (rain date
of June 11, 1977) , subject to the regulations of the Town Manager
Annual Chairman Kassler asked the Board to discuss annual appoint-
Appointments ments
Mr Busa said that before nominations are made, he would have
no objection to Mr Taylor but under the criteria the Board had
accepted, he thought Mr Taylor might have conflicts associated with
other attorneys in the Town In the past, Mr Taylor had not sat
in meetings when, in his opinion, there might be conflict Mr Busa
wanted to bring it to the Board's attention that there would be no
conflict. In fact, he had proposed Mr Taylor's name several years
ago
Chairman Kassler said that he didn't see anything mentioned in
the criteria given by the Committee Mr Taylor has, in the past,
not sat on one or two occasions when there was any conflict Dr
Kassler accepted Mr Busa's comments and said that he felt quite
comfortable with Mr Taylor being reappointed.
Mrs Battin and Mrs Miley agreed with Chairman Kassler
Board of Upon motion duly made and seconded, it was unanimously voted
Appeals to reappoint Mr Thomas G Taylor a member of the Board of Appeals
for a five year term expiring March 31, 1982
The Board discussed appointments of Associate Members of the
Board of Appeals
Chairman Kassler said that Mr Robert Cataldo has asked that
his name not be placed in nomination
40.1
Selectmen's Meeting April 4, 1977
Mr Busa said that, as he understood it, anyone who has major
landholdings couldn't be considered and, according to the State Hcuse,
Paul Rif fin owns 5+ acres of land He thought this was a case in point
Chairman Kassler, Mrs Battin and Mrs Miley disagreed Chair-
man Kassler said that this is a person who jointly shares in a piece
of land and, in his mind, there is a difference between her situation
and a developer
Upon motion duly made and seconded, it was unanimously voted Board of
to reappoint Mr Haskell W Reed, Mr Robert M. Gary, Mrs Natalie H Appeals
Rif fin and Mr Clarence D Turner as Associate Members of the Board Associate
of Appeals for terms of office expiring March 31, 1978 Members
Chairman Kassler asked for nominations to fill the other two
positions on the Board of Appeals
Mrs Miley nominated Allen Lee Whitman and Mrs Battin nominated
William J Scouler
Upon motion duly made and seconded, it was voted to appoint
Mr Allen Lee Whitman and Mr William J Scouler as Associate Members
of the Board of Appeals for terms of office expiring March 31, 1978
Mr Busa nominated Mr Richard F Perry to replace Mr Raymond Town
Barnes as a member of the Town Celebrations Committee Celebrations
Upon motion duly made and seconded, it was unanimously voted Committee
to appoint Mr Richard F Perry a member of the Town Celebrations
Committee for a term of office expiring April 30, 1980, and to
reappoint Mr William P Fitzgerald and Mr Raymond J Flynn as
members of the Town Celebration Committee for terms of office expir-
ing April 30, 1980
Regarding the appointment of a member of the Board of Regis- Board of
trars, Mrs Miley said that she would like to emphasize that, upon Registrars
our request, the Republican Town Committee has submitted three
nominees
Upon motion duly made and seconded, it was unanimously voted
to reappoint Mr Theldon E Phinney a member of the Board of Regis-
trars for a term of office expiring March 31, 1980
The Board unanimously agreed to reappoint the following members
Upon motion duly made and seconded, it was unanimously voted Gammell Legacy
to reappoint Mr James E Collins a Trustee of the Gammell Legacy Trustee
Income for a term of office expiring March 31, 1978
Upon motion duly made and seconded, it was unanimously voted Bridge
to reappoint Mr William R. McEwen a Trustee of the Bridge Charitable Charitable
Fund for a term of office expiring March 31, 1980 Trustee
Upon motion duly made and seconded, it was voted to reappoint Fence
Rev Harold T Handley and Mr Louis A. Zehner as Fence Viewers fcr Viewers
4102
Selectmen's Meeting April 4, 1977
terms of office expiring March 31, 1978
xp 9
Executive Upon motion duly made and seconded, it was unanimously voted to
Clerk reappoint Mrs Eleanor M. McCurdy as the Executive Clerk for a term
of office expiring March 31, 1978
Drug Advisory Upon motion duly made and seconded, it was unanimously voted to
Committee reappoint Mrs Margery M. Battin a member and Chairman, and Mr Sumner
E Perlman, Dr Jack H Monderer, Mr Jack Sarmanian, and Dr Frederick
L. Mazer as members of the Drug Advisory Committee for terms of office
expiring March 31, 1978 Also, Mr Charles L McManus as Drug Counselor
for a term of office expiring March 31, 1978
Personnel Upon motion duly made and seconded, it was unanimously voted to
Advisory reappoint Mr J B Butler a member and Chairman of the Personnel
Board Advisory Board for a term of office expiring March 31, 1980; also, to
reappoint Mrs Joanne Small a member of the Personnel Advisory Board
for a term of office expiring March 31, 1980
Street & Upon motion duly made and seconded, it was unanimously voted to
Sidewalk reappoint Mr Herbert W Eisenberg a member of the Street and Sidewalk
Committee Design Advisory Committee for a term of office expiring March 31, 1980
Permit Chairman Kassler read a request from the editors of Lexington
High School literary magazine "Folio" to sell the magazine in the Cary
Hall lobby before each Town Meeting
Upon motion duly made and seconded, it was unanimously voted to
grant permission to sell "Folio" at Cary Hall before each Town Meeting
Resignation- Chairman Kassler informed the Board that with deep regret he offers
' Board of his resignation as a member and Chairman of the Board of Selectmen,
Selectmen for personal reasons, to become effective April 15, 1977 at 4 30 p m.
Each member of the Board expressed his personal feelings of regret
to Dr Kassler for his decision to resign, and sincerely thanked him
for all of his accomplishments and contributions to the Town
Upon motion duly made and seconded, it was voted to adjourn at
7 30 p m.
A true record, Attest
Execu�Clerk, Selectme
I
403
SPECIAL
SELECTMEN'S MEETING
April 6, 1977
A special meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Wednesday, April 6, 1977
at 7 00 p m. Chairman Kassler, Mr Bailey, Mr Busa, Mrs Battin and
Mrs Miley; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel;
Mr McSweeney, Director of Public Works/Engineering; Mrs. McCurdy,
Executive Clerk, were present.
Chairman Kassler informed the Board that Mr Bruce Lasting will
be doing a photographic essay of the Town of Lexington, particularly
Town employees, to be used in our Town Report next year This will
be done free of charge and Mr Lasting will check everything out
with the Town Manager
Mr Hutchinson presented a summary of the agreement reached w_th Police Union
the Lexington Police Betterment Association, and he requested approval
of the Board and authorization for the Town Manager to executive the
contract.
Upon motion duly made and seconded, it was voted to approve the
summary of the agreement reached with the Lexington Police Betterment
Association, as presented by Mr Hutchinson, Town Manager, and to
authorize him to execute the contract
AGREEMENT•
1 Duration - The new contract will be in effect July 1, 197
through 0•une 30, 1979
2 Wages - Effective January 1, 1978, two maximum salaries for
Patrolman will be established Men with the highest per-
formance rating and 5 years or more service will be paid
$15,000 per year All other men with 5 years or more
service will be paid $14,700 per year All employees will
be brought to their appropriate January 1, 1978 salary in
two equal increases; July 1 and January 1 with each increese
averaging $655 per man By splitting these increases between
January and July, the Town has reduced the budget impact by
25% for Fiscal Year 1978
Effective July 1, 1978, all men will receive a uniform $750
per year increase The new maximum for a top rated patro_-
man will then become $15,750
3 Education Career Incentive Plan - The ECI program has been
increased by a modest amount as follows
Present July 1, 1977 July 1, 1978
30 credits $200 $300 $375
AA Degree $400 $600 $750
BA Degree #800 $1200 $1400
4104
Special
Selectmen's Meeting April 6, 1977
4 Longevity - All employees, except those receiving education
career incentive pay, will have the benefit of a longevity
plan similar to the plan currently in effect in the Fire
Department Payments shall be in lump sumps as follows
After 15 years - $ 75 per year
After 20 years - $100 per year
After 25 years - $200 per year
5 Inspectors - All inspectors will receive an increase in the
current $750 per year stipend in lieu of overtime The new
rate will be $1,000 per year
6 Vacations - Employees will be entitled to 3 weeks after 5
years (previously 6 years) and 4 weeks after 13 years (pre-
viously 15)
7 Extra Duty - The private detail rate will remain uncharged at
$9 00 per hour However, the minimum will be increased from
three (3) to four (4) hours for private highway construction
work This change will not result in any cost to the Town
8 Personal Days - All employees will be entitled to convert
(2) sick days per year to use as personal days with the prior
approval of the Police Chief This modification will assist
the Town in controlling potential sick leave abuse
Conservation Mr Cohen requested the Board to approve the gift of a conserva-
Easement tion easement along Munroe Brook
Munroe Brook Upon motion duly made and seconded, it was voted to approve the
conservation easement along the Munroe Brook given by C & H Properties
Trust to the Town of Lexington
Boston Edison Mr Cohen requested the Board to sign a license agreement with
Cranberry Boston Edison Company
Hill Access Upon motion duly made and seconded, it was voted to sign a license
agreement with Boston Edison giving the Town access to land in the
Cranberry Hill area
Auctioneer Chairman Kassler read an application for an Auctioneer's license
Upon motion duly made and seconded, it was voted to sign the
Auctioneer's license for Mr Arnold Clickstein, 318 Lincoln Street,
expiring March 31, 1978
Special Chairman Kassler read a request from Chief Corr to appoint Special
Police Police Officers
Officers Mrs Miley asked who the persons are that are on the list?
Chairman Kassler replied that seven are security guards, one
citizen and one person at the Minuteman Vocational School The reason
for the question is because Sheriff Buckley stated that security guards
are not qualified
Mr Hutchinson added that, sometimes, special officers do not even
carry a weapon There is a thoughtful process going on by Chief Corr
405
Special
Selectmen's Meeting April. 6, 1977
Upon motion duly made and seconded, it was voted to appoint tae
following Special Police Officers for terms of office expiring Mar Al
31, 1978
Marcus W Callender 158 Electric Ave Lunenburg
Edward G. Goulart 6 Rindge Terrace Cambridge
Robert V Driscoll 55 North Broadway Haverhill
Howard D Ryder 2 Wilson Road Lexington
John E Barnes 15 Eagle Drive Salem, N H
Harry B Lamb 219 Littleton Road Westford
Randall L. Knight 43 Burdett Road Brockton
David F Bagel 155 Emerson Road Lexington
Dennis J Deeb 33 Oregon Avenue Lawrence
The Board agreed to discuss next week a date for the special Special
election to elect a member of the Board of Selectmen Election
The Board agreed to meet on Tuesday, April 19, because of Selectmen's
Patriots' Day Meeting
The Board discussed the Article for the new pool and it was Article 34-
agreed to arrange a meeting with the Recreation Committee and the Center Pool
Permanent Building Committee to talk about the possibility of having
preliminary plans and specifications to present to Town Meeting
Chairman Kessler informed the Board that he had talked with the Senior Citizen:
Town Manager and Town Counsel that perhaps senior citizens might want - Taxes
to take advantage of the State law that provides a vehicle whereby
people who are unable to pay their local taxes because of difficul-
ties could have a lien placed on their home, and this would be
exercised only when the home is sold. This would allow them to
continue to live in Lexington He commented that there are complexi-
ties in the law but it is available to them. Chairman Kessler ask>_d
if the Board wished to take a stand?
The Board agreed to take a position that the above described
State law is available to senior citizens
Chairman Kessler read a report from Chief Corr in response to a Police
letter from a citizen regarding decals on Police vehicle registra- Vehicles
tions The report states that under Chapter 701 of the Acts of 1975, Decals
that once a plate is issued to a municipal vehicle, including police
cars, it is not necessary to put additional validation stickers on
the plates
The Board accepted the report.
The Board discussed additional appointments to the Transporation Transportation
Advisory Committee Advisory Comm.
II/
Upon motion duly made and seconded, it was voted to appoint Mr Appointment
406
Special
Selectmen's Meeting April 6, 1977
Alfred G Vigderman, 12 John Poulter Road, Mr Jeffrey H. Albert, 33
Brandon Street, and Mr Webb Sussman, 37 Peacock Farm Road, as members
of the Transportation Advisory Committee
Traffic The Board agreed to an appointment to the Traffic Safety
Safety Committee
Committee Upon motion duly made and seconded, it was voted to appoint Mrs
Appointment Elaine Dratch, 2 Maureen Road, as a member of the Traffic Safety
Committee
Traffic - Mrs Battin recommended that the Transportation Advisory Committee
Bedford Street look into the traffic problem on Bedford Street
Upon motion duly made and seconded, it was voted to direct the
Transportation Advisory Committee to investigate the traffic problem
on Bedford Street
Executive Upon motion duly made and seconded, it was voted 5-0 by roll call
vote to go into Executive Session, with no intention of resuming the
open session, to discuss strategy with respect to litigation and matters
concerning the reputation of individuals, who are aware of the discussion
Upon motion duly made and seconded, it was voted to go out of
Executive Session and adjourn
Upon motion duly made and seconded, it was voted to adjourn at
7 50 p m.
A true record, Attest
434-0-7z4,9 (�yjc
Executive Clerk, Selectme
I
407
SELECTMEN'S MEETING
April 11, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, April 11, 19-7, at
7 00 p m. Chairman Kassler, Mr Bailey, Mr Busa, Mrs Battin ane. Mrs
Miley; Mr Hutchinson, Town Manager, Mr McSweeney, Director of Public
Works/Engineering; Mrs McCurdy, Executive Clerk, were present
Chairman Kassler read requests from the Lexington Sons of Italy 1-Day Special
and the Lexington Minute Men, Inc for one-day special liquor permits Liquor License
Upon motion duly made and seconded, it was voted to sign the
license to the Lexington Sons of Italy for a one-day special ligoiir
permit at the Knights of Columbus Building on April 16, 1977 from
7 00 p m. to 12 00 Midnight
Upon motion duly made and seconded, it was voted to sign the
license to the Lexington Minute Men, Inc for a one-day special
liquor permit at the Lexington Armory on May 8, 1977 from 7 00
p m. to 12 00 Midnight
Upon motion duly made and seconded, it was voted to approve the Minutes
minutes of the Selectmen's Meetings held on February 1 and February
14, 1977
Mr Hutchinson recommended that Article 5 be removed from the Article 5
table at Town Meeting this evening and a motion be made for an
appropriation of $240,000 into Article 5 for distribution to per-
sonal services accounts Agreement has not been reached with the
Firefighters Union Fire Dept
Mr Cohen read an amended motion for Aticle 73 to be presented Housing
at Town Meeting That the Zoning By-Law of the Town be amended by Authority
adding a new subsection 22 48 as follows for the purpose of re- Articles
zoning the parcel of land containing 4 4 acres, more or less, which 72 & 73
was described and authorized to be conveyed by the Selectmen to the
Lexington Housing Authority for one dollar or any other sum by tha
vote under Article 72 of the warrant for this meeting and which is
shown on a map on file with the Town Clerk "A district on the
southerly side of Woburn Street as shown on the Zoning District Map
No RM-6 entitled 'RM Garden Apartment Districts' designated thereon
22 48." Mr Cohen explained that we are just dealing this year with
4 4 acres and, next year, the Housing Authority will come in for the
other piece of land.
Members of the Permanent Building Committee and the Recreation Center Pool -
Committee met with the Board to discuss the Center Pool Article Article 34
Chairman Kessler said that it is the feeling of the Board that
the pool created much controversy at Town Meeting and people have
-
408
Selectmen' s Meeting April 11, 1977
many concerns and misunderstandings Reconsideration was moved
and we feel that it would be in the best interest of the Town to
talk about preliminary plans, and to slow down to give people a
chance to address their questions and to have more input Next
year, we would have more information on sites specifications, price,
etc
Mr William Scouler, Chairman of the Permanent Building Com-
mittee, agreed that it would be a wise course as some Town Meeting
Members did not support it, others felt we were going too fast,
and some would like to do nothing Further study could reduce the
costs He said that he had talked with Mr Sesaki (Architect) who
felt that an appropriation of $20,000 would be adequate to develop
plans and, if further study were needed, he could do cursory soil
studies At least, we can consider how we could do something around
the high school
Mr Busa said that, especially, there are concerns about the
bath house People feel that with $800,000 you could build three
pools Also, there were those who objected to enlaring the parking
area as traffic would be heavy on Worthen Road
Mr Bailey supported the proposed amendment for $20,000
Discussion was held on a figure of $25,000 and Mrs Battin
moved the sum of $19,500
The Permanent Building and the Recreation Committee agreed.
111
Article 34 Motion That Article 34 be amended to appropriate a
sum of $19,500 for preliminary plans and specifications for
renovating and adding to the Center Pool Complex
In addition to considering the present pool location as a site
for a new pool complex the Recreation and Permanent Building Com-
mittees shall consider two additional sites adjacent to the high
school, one on the east side of the present field house and the
other on the west side, each in close proximity to the high school
locker room facilities
Upon motion duly made and seconded, it was voted unanimously
that the amended motion for Article 34 carry the sum of $19,500
for preliminary plans and specifications for renovating and adding
to the Center Pool Complex.
New Flagpole- Mr Richard Michelson, Chairman of the Lexington Bicentennial
Battle Green Permanent Memorial Committee, invited members of the Board to par-
ticipate in the official dedication ceremony for the new flagpole
on the Battle Green on April 17, 1977 at 2 30 p m.
Upon motion duly made and seconded, it was voted to designate
Selectmen Alfred S Busa as the representative of the Board of
Selectmen at the flagpole dedication ceremony on April 17, 1977
Mr Michelson added that the ball at the top of the old wood
flagpole was too heavy for the steel flagpole and it will be pre-
4O
Selectmen's Meeting April 11, 1977
sented to the Lexington Historical Society as part of the ceremony
The Board discussed the date for a special Town election to Special Town
fill the vacancy on the Board of Selectmen as a result of Dr Election -
Kassler's resignation as a member and Chairman, to be effective Selectmen
April 15, 1977 The Town Clerk had suggested either June 6 or
June 13, and Mr Bailey moved for June 13 in order to give candi-
dates more time
Questions were raised from the audience as to why so much time
is needed, and why the Town election could not be combined with
either the special State primary on May 24 and election on June 21
to fill the vacancy for State Senator
Mr Cohen stated that the State Election Commission would not
allow it for the State primary and if combined on June 21, it would
be necessary to to have separate machines, etc and we wouldn't save
any money, anyway Therefore, to have it between the primary and
the election, as there is a minimum of 42 dates by statute, it is
felt that June 13 would be a better date
Mr Busa seconded the motion for June 13 provided the vote is
reconfirmed after April 15, 1977 when the vacancy occurs
Upon motion duly made and seconded, it was voted to set the
date of the Special Election on Monday, June 13, 1977, to fill the
vacancy on the Board of Selectmen, subject to confirmation of the
vote after the vacancy occurs on April 15, 1977
Mr Hutchinson left the meeting at 7 30 p m.
Because of Patriots' Day, it was agreed to have the regular meet- Meeting
ing of the Board of Selectmen on Tuesday, April 19, 1977, at 7 30 p m.
Organization of the Board was discussed (Mr Bailey will be Board Members
away from April 14 to April 29 )
Mr Bailey said that the interval from Friday, April 15, to
election day on June 13 is nine weeks He moved that during that
period the chairmanship be rotated for solid three week intervals
between three members of the Board, and these three members would
work it out for three week periods
Mr Busa seconded the motion
Mrs Miley said that she will vote against this motion because
we now have in place a mechanism to handle any such contingency as
absence, illness or resignation of the Chairman It is in the per-
son of a Vice Chairman elected five months ago by the vote of a
majority of this Board who, when there is no Chairman, acts in his
place The question of reorganization seems inappropriate at this
time It is not necessary now but will be both appropriate and
necessary when a new member joins the Board
Mrs Battin said that she assumes that she is not the issue but
the process is. Since her beginnings in government seventeen years
410
Selectmen's Meeting April 11, 1977
ago, she has been interested in government structureture and the estab-
lishment
of orderly procedures to assure continuity and focus
responsibility both for the citizens and administration As Mrs
Miley stated, such a process was created by a majority of this Board
five months ago She finds hereself perplexed that they would
abandon it at the very time it is available to handle the situation
until a new member is elected to the Board She would vote against
the motion.
Mr Bailey said that they aren't reorganizing the Board; it
would be inappropriate to reorganize the Board Action that was
taken five months ago was taken by five people to suit the circum-
stances and the answer was clearly made that this was not the in-
tent to carry over the position but was strictly a situation to
cover for the Chairman - to cover his absences from the Town. We
now have a Vice Chairman and I would expect to have one and not to
eliminate it, but to have a rotating Chairman.
Mr Busa said that he specifically made this point four weeks
ago and he had asked the question, and it was said that reorganiza-
tion would not take place An equitable situation would be to ro-
tate the four members of the Board but if Mr Bailey doesn't elect
to do so, that is his prerogative
Mr Bailey said that members would recall that, approximately
a year ago, in discussing the matter of who would serve when the
Chairman was out of Town or unavailable, we pointed out that, his-
torically, the senior member served and, at that time, Mrs Battin
and Mrs Miley suggested that the Chairmanship be rotated, and it
puzzled him as to why it is not appropriate now
Chairman Kassler asked if anyone in the audience wished to
comment.
Mrs Helena Butters said that rather than being deadlocked as
to who occupies the chair for a matter of a few weeks, it seemed
to her that Mr Bailey's suggestion is a sensible one
Mrs Hoffman asked what the advantage is to having the Chair-
manship for a few weeks?
Mr Bailey replied that he thought that the problem was that
they gave up the one person position which evolved to the senior
man and, at the objection to one member of the Board, it went to
revolving, and we are hard-pressed to understand a non-senior
member of the Board.
Mrs Hoffman sked if the seniority problem bothered him?
Mr Bailey replied, "Not me "
Dr Frick said that it seemed to him that they are playing
games You have a procedure, you have a Vice Chairman Mrs
Battin is Vice Chairman, the important thing is to maintain con-
tinuity You set it up five months ago - good, bad, or indifferent
He didn't think anyone expected Dr Kassler to resign, and he didn't
understand what the game is all about. He thought that they are
degrading the Board's position and hoped that they would reconsider
411
Selectmen's Meeting April 11, 1977
that the Board of Selectmen operates in a different dimension
Mr Bailey said that in reply as to what we are trying to do,
there are four members of the Board trying to organize It was a
five member Board of a different complexion, and four are trying
to organize on terms of mutual acceptance
Mrs Battin said Mr Bailey's statement puzzled her because if
followed to its logical conclusion all previous action taken by t1e
5 member board would now be invalid and the four remaining members
would then have to reconsider all our previous decisions
Mr Buse said that, five months ago, it was not a decision bt.t
merely a gesture. When he asked the question of whether the Board
would be reogranized if the Chairman did step down before electior
next year, it was his understanding at that time that reorganiza-
tion would occur
Mr Lee Whitman said that maybe it is unfortunate that the Board
had not been organized previously in a structured way with a Chair-
man, Vice Chairman, and a Clerk Perhaps with a Vice Chairman moving
up, that he remain as Presiding Vice Chairman
Mrs Miley asked Chairman Kassler to state again what he had
said a month ago as there is a different interpretation
Chairman Kassler stated that his position was, and still is,
that it is both inappropriate to get involved with what he con-
sidered to be a petty and minor dispute, and getting involved in
discussion of who fills the Chair He was going to try to hold
fast and not get embroiled He would like to emphasize to every-
body that when he was elected Chairman he fully intended to have a
full term, and his decision to resign was made after that.
Mr Frank Sandy asked if there were any statutory powers given
to the Chairman and, if not, why is it so important who the Chair-
man is?
Chairman Kassler answered that there are no benefits to being
Chairman
Mr Bailey asked why no one had answered his query as to why
rotation was acceptable twelve months ago and not now?
Mrs Miley answered that the reason that they decided on a
Vice Chairman was that we had an emergency situation last fall when
Dr Kessler was in the hospital Calls were made to determine who
would act as chairman, and it was very confusing
Motion having been made by Mr Bailey and seconded by Mr Bu3a
to rotate the Chairmanship between three members of the Board for
nine weeks after April 15, 1977, it was voted 2-0, Mrs Battin and
Miley voting in the negative
Upon motion duly made and seconded, it was voted to adjourn at
8 00 p.m.
A true record, Attest
11/
Exec Clerk, Selec n
4112
SENCIAM
SELECTMEN'S MEETING
April 13, 1977
A special meeting of the Board of Selectmen was held in the Select-
men's Meeting Room on Wednesday, April 13, 1977, at 7 00 p.m. Chair-
man Kessler, Mr Bailey, Mr Busa, Mrs Battin and Mrs Miley; Mr
Hutchinson, Town Manager; Mr McSweeney, Director of Public Works/
Engineering; Mr Cohen, Town Counsel; Mrs McCurdy, Executive Clerk,
were present.
Leroy Brown Mr Hutchinson informed the Board that the Trustees of Public
Fund-Town had approved the request, voted by the Board on March 30, 1977, for
Celebrations the use of the accumulated interest in the Leroy S Brown Fund by
Committee the Town Celebrations Committee, for expenses incurred on Patriots
Day This year, $500 will be made available to the Committee, but
not until approximately 90 days In future years, the amount will
be considerably less
Manager Mr Hutchinson informed the Board that Mr Smith and Mrs
Appointments Solomon have agreed to continue to serve on the Conservation Mr
Grossimon has agreed to continue as a member of the Permanent Build-
ing Committee and he will be reappointed for a term expiring
April 1, 1980
Conservation Upon motion duly made and seconded, it was voted to approve the
reappointment by the Town Manager of Mr Francis W K. Smith and
Mrs Susan S Solomon for terms expiring April 1, 1980
Permanent The Board agreed with the Town Manager's reappointment of Mr
Building Comm.Herbert P Grossimon for a term expiring April 1, 1980
Liquor-Lex. Chairman Kassler read a request from the Lexington Golf Club
Golf Club for an extension of hours of operation under the Club Liquor License
on Monday through Saturday from 11 30 a.m. to 12 00 Midnight;
Sunday from 12 00 noon to 12 00 Midnight
Mr Bailey expressed his concern about granting such a sub-
stantial extension unless they are changing the use of the Club
Before he approved the request, he recommended that a hearing be
held to hear what the neighbors think about it. He wondered if
anyone had taken the time to talk to the neighbors
Mr Busa said that he agreed with Mr Bailey, except for having
a hearing He is a member of the Club and, to his knowledge, the
neighbors have never complained He recommended that the hours be
extended from 6 00 to 8 30 p m. on Monday through Thursday and,
if citizens' complaints are received, the Board could vote to re-
vert back to 6 00 p m. Also, that the hours remain the same on
Friday, Saturday and Sunday If there is a special event, the
Club could request an extension of hours, as they have in the past.
Upon motion duly made and seconded, it was voted 4-0 to grant
413
Special
Selectmen's Meeting April 13, 1977
II/
the following hours of operation under the Club liquor license to
the Lexington Golf Club, with the understanding that consideration
will be given to a written request for an extension of hours for
special events
Monday through Thursday 11 30 a m. to 8 30 p m.
Friday and Saturday 11 30 a m. to 12 00 Midnight
Sunday 1 00 p m. to 10 00 p m.
Mr Busa abstained
Chairman Kassler read a request from the Ceramic Guild to con- Arts & Crafts
duct the annual pottery sale on the grounds of the Arts and Crafts
Society on Saturday, May 7, from 10 00 a m. to 5 00 p m.
The Board had no objection
Chairman Kassler read requests for bike-a-thons Bike-a-Thons
Upon motion duly made and seconded, it was voted to grant per-
mission to the Lexington Education Association to conduct a bike-a-
thon to benefit the Association of Retarded Citizens on Sunday, May
1, from 1 00 p m. to 5 00 p m. , subject to the regulations of the
Town Manager and the Chief of Police
Upon motion duly made and seconded, it was voted to grant per-
mission to Bedford-Lexington Bike-a-Thon to benefit the American
Diabetes Association on Sunday, May 15, from 12 00 Noon to 4 00 p m.
from the D P W. Building on Bedford Street to the Bedford Town Line,
subject to the coordination of the Town Manager and the Director of
Public Works/Engineering
Chairman Kassler read a request from the Lexington Republican Request for
Town Committee to use Estabrook Hall on Thursday, May 12, at 8 00 Cary Hall
p m. for a meeting He read the following stipulation in the will
of Susanna E Cary relative to the use of the hall " the hall
in said building shall be devoted to such lectures free or other-
wise upon historical educational or other useful subjects and for
such public meetings of a non-sectarian and non-political character "
Mrs Battin raised the question of whether the request stated
the purpose of the meeting
Chairman Kassler replied that it did not and, therefore, in
the absence of proof, we cannot grant the request due to the con-
straints of the will
The Board agreed, and the Republican Town Committee is to be
so informed.
The Board discussed the establishment of a Sewer Advisory Com- Sewer Advisory
mittee A letter had been received in March from 16 T M.M.A. Committee
Precinct members requesting that the Board establish this committee
and recommending that it would supplement activities of the Board
of Health and DPW/Engineering in regard to sewerage planning, and
also address questions relative to the betterment law, petition
414
Special
Selectmen's Meeting April 13, 1977
system, rehabilitation and maintenance, private systems, and EPA
programs
After discussion, the Board agreed to establish the Sewer Ad-
visory Committee and to appoint four members from the 16 T M.M.A.
precinct members and, also, accept the recommendation from the
Director of Public Works/Engineering to appoint Mrs Jane Buckley
and Mr Gordon E Barnes, Jr
Mr Hutchinson added that the Board should keep in mind that
this is a temporary committee
Upon motion duly made and seconded, it was voted to establish
a Sewer Advisory Committee and to appoint the following members,
with the understanding that the charge will be approved by the
Board as soon as possible
SEWER ADVISORY COMMITTEE MEMBERS
Mrs Joan P. Crothers 60 Meriam Street
Mr George F McCormack 32 Hayes Lane
Mr John T Harvell 131 Burlington Street
Mrs Katherine G. Fficker 93 Marrett Road
Dr Kenneth Will 16 Bennington Road
Mrs Jane P Buckley 46 Middle Street
Mr Gordon E Barnes, Jr 11 Ewell Avenue
School Sites Chairman Kassler recommended that the Board appoint members of 111
Conversion the Committee on Alternative Uses for Released School Buildings and
Committee Sites Discussion was held on the list of nominees, which included
an Architect/Engineer, and agreement was reached on the appointment
of Mr Charles Cole as an Architect and Mr Roger Trudeau as a Citi-
zen-at-Large The appointment of a representative of the School
Committee will be made as soon as the nominee is received.
Upon motion duly made and seconded, it was voted to appoint the
following members of the Committee on Alternative Uses for Released
School Buildings and Sites
Mary W Miley, Chairman Selectmen 29 Robinson Road
Paul J MacKenzie Planning Board 13 Maple Street
Herbert P Grossimon Permanent Building Comm. 52 Winthrop Road
Sara B Chase Historical Commission 1 Grassland St
Robert M. Hutchinson, Jr Town Manager 51 Dexter
J Keith Butters Finance/Economics 52 Meriam St
Ronald W Colwell Businessman/Realtor 39 Cary Ave
Charles H Cole, II Architect/Engineer 20 Fifer Lane
Donald H Olson Citizen (Hancock District) 30 Forest St.
Robert T Beattie Citizen (Munroe District) 22 Fletcher Ave
Anita M. Bonasera Citizen (Adams Distrcit) 24 Theresa Ave
Roger G Trudeau Citizen-at-Large 7 Volunteer Way
I
415
II
Special
IIISelectmen's Meeting April 13, 1977
As Chairman, Mrs Miley agreed to convene the first meeting as
soon as possible
CHARGE TO THE COMMITTEE
1 To determine the best short-term handling of the Hancock School
2 To determine the most advisable final disposition of the Hancock
School building and site; bearing in mind, among all other con-
siderations, the historic nature of the building, the effect of
various alternative uses on the immediate neighborhood and the:
overall needs of the Town
3 To gather similar information pertaining to the alternative uses
and final disposition of the other schools mentioned in the School
Committee's letter of March 7, 1977 Parker - 9/1/78; Munroe -
9/1/79; Adams - 9/1/80; Muzzey - 9/1/80
Mr Bailey asked Town Counsel to give his opinion on the non- Board of
vote of the Board on April 11, and how the Board is structured now? Selectmen
Mr Cohen said that their organization would be up to the mem-
bers of the Board. It is not a legal question but a question that.
the Board would resolve But if the Chairman's resignation is not:
withdrawn and he departs, the postion of Vice Chairman set up by a
majority vote of the entire Board would still remain The Vice
Chairman would continue in that position and, as Vice Chairman,
there would be certain duties But there are no statutory provi-
sions outlining such duties The Vice Chairman would preside at
meetings and do whatever the Chairman has done in the past such a:
following up on actions that the Board takes as a Board, writing
letters that are requested and preparing the agenda for meetings
and running meetings Again, as I said to all of you, if the Board
wants to change their organization, they can vote to do so
Mr Busa said that before we get into misunderstandings, the
duties are only to run the meetings of the Board of Selectmen and
answer any correspondence generated from a meeting
Chairman Kassler added, and set the agenda
Mr Busa reiterated, and only things pertaining to the meetings
Anything beyond that is the Board's function
Mr Cohen said that the Vice Chairman or anyone who holds that
position would carry on as the Chairman did before him. Again,
remember there is nothing in the statutes Always, you have to
keep in mind that the Board acts as a Board
Mrs Battin stated that she would say that the Vice Chairman
will act in the capacity of Chairman - beginning at 4 31 p m on
April 15 - until further action of the Board The Vice Chairman
expects to act in the same capacity as the Chairman
Mr Busa asked, only in planning the meetings held by the Board
Ill and the actions taken by the Board?
416
Special
Selectmen's Meeting April 13, 1977
Mr Cohen said that everything has to be done at a meeting
No Selectmen has the power to act alone; it has to be as a Board,
but the Vice Chairman acts to carry out the wishes of the Board
Mr Busa said that, if his question is answered, it is only
pertaining to meetings and any decisions by the Board of Selectmen
Chairman Kassler asked if there were any comments from the
audience?
Various comments were offered by several people in the audience,
and Town Counsel reiterated what he had said to the Board
The Ceremonies scheduled on the green on April 18 were briefly
discussed and it was agreed that Mrs Battin would give the greeting
to the citizens, Mrs Miley would read the Proclamation, and Mr
Busa would meet the representatives of Paul Revere and William
Dawes at the Green, and also represent the Board at the dedication
of the new flagpole on the Green on Sunday, April 17.
Sanitary Mrs Miley expressed her concern about contractors dumping ex-
, Landfill cessive amounts of demolition material, generated in Lexington, in
the sanitary landfill She recommended that the Board refer the
matter to the Town Manager for possible revisions in the regulations
Upon motion duly made and seconded, it was voted to request the
Town Manager to review the sanitary landfill rules and regulations
for possible revisions, including contractors dumping excessive
amounts of materials, and to come back to the Board with recommenda-
tions
Chairman Dr Kassler said farewell to the members of the Board as this
Kassler was his last meeting as a member and Chairman of the Board of Select-
men, and he thanked all present for their help and support during
his tenure
Mrs Battin, on behalf of the Board, expressed appreciation to
Dr Kassler for all he had done for the Town, and she wished him well
Executive Upon motion duly made and seconded, it was voted, 5-0 by roll
Session call vote, to go into Executive Session for the purpose of discussing
strategy with respect to litigation, with no intention of resuming
the open meeting
Upon motion duly made and seconded, it was voted to adjourn at
8 00 p m.
A true record, Attest
Executive Clerk, Selectmen
I
417
SELECTMEN'S MEETING
April 19, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Tuesday, April 19, 1377
at 7 30 p m. Vice Chairman Battin, Mr Busa, Mrs Miley; Mr Hut:hinson,
Town Manager; Mrs McCurdy, Executive Clerk, were present
At the request of the Town Clerk, the following jurors were irawn Jurors
Donald M. Shaw 64 Turning Mill Road
Karl E Hazard 29 Eldred Street
Ivan N Pratt 44 Freemont Street
Barbara A Gryboski 1 Mason Street
Ralph A. Musto 25 Tucker Avenue
Keith A. Randall 1 Millbrook Road
Mildred S Dawes 10 Bernard Street
Naomi Cherny 252 Lincoln Street
Barbara J Howalt 3 Fairbanks Road
Andrea L Strout 21 Fairbanks Road
Stephen G Richter 10 Carley Road
Ernest C Noyes 24 Manning Street
Mr Hutchinson informed the Board that Deputy Chief Silva is Gift -
present concerning the gift of $1,000 from the Lions Club to the Lions Club-
Town for the purchase of a Resusci-Annie for the Fire Department Fire Dept
A letter has been received from the Lions Club, enclosing the chel.k
for $1,000, stating that this was made possible by some of the profit
made on the July 4th Carnival
Deputy Silva expressed the appreciation of the Fire Department
for this vital piece of training dquipment
Upon motion duly made and seconded, it was voted to accept tie
gift of the Lions Club in the amount of $1,000 for the purchase of
a Resusci-Annie to be used by the Fire Department for training pur-
poses
Mr Hutchinson recommended that the Board authorize ,a blanket Baseball
permit to the Recreation Department to allow various recreational Parade -
groups to march in a parade scheduled for April 30 to open up the Recreation
spring sport season In this way, all groups will march under ona Committee
flag rather than separate little entities
Upon motion duly made and seconded, it was voted to grant a
single permit to the Recreation Committee, under whose auspices
various recreational groups will march in a parade on Saturday,
April 30, 1977, to open the spring sports season
Mr Hutchinson said that the Board is aware that we are at al
impasse with the Firefighters Union Unfair labor practice chargas
418
Selectmen' s Meeting April 19, 1977
Firefighters have been brought for the removal of the TV set from the dispatch
Impasse area There will be an informal hearing by the State Labor Rela-
TV Set tions Board and, in the meantime, there is no TV set there
Police Mr Hutchinson said that the Police Manual Policy Committee
Manual will meet with the Board on May 2 to review amendments to Section
Amendments I, Rules and Regulations of the Lexington Police Manual, as the
corrected copy must be returned to the Massachusetts Police Insti-
tute by May 15, 1977 Section II, Job Descriptions, has to be
approved only by the Town Manager and the Board of Selectmen
Section III, Policies and Procedures, will be reviewed by the
committee but perhaps at a later date
Vice Chairman Battin said that, in essence, it is incumbent
upon the Board to review them and then address the committee She
asked if the Personnel Advisory Board would go over them?
Mr Hutchinson replied that he would bring them to PAB's
attention.
Mrs Miley wondered how much money would be involved.
Mr Hutchinson did not think that it would be a lot of money
He pointed out that we had filed before the October deadline and
are now hitting another deadline of May 15 There probably will
be amendments to Section III They are using as a base the law
enforcement procedures
Vice Chairman Battin announced that a copy of the amendments
would be available in the Selectmen's Office for citizens who
may wish to state their concerns prior to adoption
Bedford St. Representative Carol Amick met with the Board to discuss a
Traffic proposal to alleviate traffic conditions on Bedford Street She
Proposal - explained that after meetings with the State DPW, it was proposed
Rep Amick to move the traffic light at Hartwell Avenue and to widen the
entrance to the jughandle by having two lanes, one of which would
be a holding lane for a left hand turn at the top of the jughandle
The cost would be $30,000, $18,000-equipment and $12,000-labor, and
all work would be done by the State at no cost to the Town of Lexing-
ton The State DPW had come to Lexington and videoed traffic in
the morning and the evening and, as we all know, there is a tremen-
dous problem in getting out of Eldred Street and a timing device
will be installed to keep the traffic moving where it is now backed
up at Eldred Street. Her original plan was for a traffic light
there and having a second lane off Rte 128 but she didn't think
there was enough land to do it.
Ms Alice Pierce raised the question of the possibility of
accidents with two lanes as, at the top of the jughandle, a driver
might attempt to make a left hand turn from the right lane
Mr MacKenzie of the Planning Board stated that the design is
such that people should obey the law
Rep Amick did not think there would be a problem and, if so,
a sign could be posted before the entrance to the jughandle.
419
Selectmen's Meeting April 19, 1977
Dr Clarke of the Planning Board didn't see any harm in the
proposal, and added that it might do some good.
Suggestions were made by persons in the audience about painting
lines because of the sharp turn in the jughandle and for assistan:e
to those coming out of Eldred Street (who must turn right) who want
to make a left hand turn at the light
Mrs Hals of the Transporation Committee receommended that
safety hazards be checked
The Board agreed that the Transportation Committee and the
Traffic Safety Committee will review the plan with Mr Hutchinson
and come back with recommendations
Rep Amick retired from the meeting
Mr MacKenzie, Chairman, and Dr Clarke of the Planning Board; Chapter 808-
Mr Wadsworth, Chairman of the Board of Appeals; Mrs Frick,. Chair- Zoning
man, and Mr Smith of the Conservation Commission; Mrs Clarke, Bylaws
Chairman of TMMA Executive Board, met with the Board
Vice Chairman Battin said that this meeting is will all Boar is
involved with Chapter 808 for the purpose of educating ourselves and
perhaps coming up with a special fall town meeting, which we might
want to tie in with the firefighters We should look at all areas,
those that will and won't work
Mr Hutchinson advised that there are certain legislative previ-
sions dealing with firemen We are at factfinding now and, as it
takes time to render a report, it will take us into the summer rhe
next step is binding arbitration, which may take us into September
because of the report 30 days after binding arbitration It does
not seem inconceivable that we might be able to make it in the fall
but, if we conclude with the firefighters, it might be earlier We
should have had the factfinder on board now and, within 60 days, we
might sit at the table again and, theoretically, settle in July If
things don't change, it would be the fall
Mr MacKenzie stated that, with all respect, he did not think
the process with the firefighters should be the governing matter an
zoning. For the past few years, planning board articles fall at the
end of the Warrant and people are tired Considering the signifi-
cance of them, there should be a special town meeting From now
through June, the Planning Board, with the assistance of the Board
of Appeals, will prepare articles referred back from town meeting
By July 15, give articles to Town Counsel to review (there is Mr
Cohen' s criticism that we do not have time) By August 1, articles
to be written by Town Counsel By September 1, the process of public
education and public participation in the review It could commence
from Labor Day to mid-October, with the assistance of TMMA and the
League of Women Voters In mid-October, to have a special town meet-
ing If Mr Hutchinson identifies the process with firefighters and
is read at that time, fine
Mrs Battin said that it is really better, then, to tie the fire-
fighters with zoning
42U
Selectmen' s Meeting April 19, 1977
open-ended
Dr Clarke commented that you can't have an tax rate
Mr Hutchinson said that there is a problem but it is entirely
possible that the tax rate would be set even if no settlement were
made with the firefighters
Mr Busa stated that he did not think there should be a time
certain set for a special town meeting for Planning Board articles,
and not to have organization participation in the summer time, but
when we are ready with the firefighters, we should tie it in The
reason we are here tonight is that it was rushed and pushed into
town meeting and it was not ready We don' t have to adopt Chapter
808 until June of 1978 and, if there is no necessity this year, it
could be done next March as far as he was concerned
Mr MacKenzie asked what Mr Busa thought needs to be done
before they are ready?
Mr Busa replied that, first of all, we were rushed into it
We raised the question to the Planning Board to withdraw those
articles before the warrant went to print He had received the
Planning Board articles two weeks before Town Meeting adjourned,
and wondered if this were not rushing into it?
Mr MacKenzie replied that we are trying to prevent this
Mr Busa added that there had been problems all along with
Planning Board hearings and the Board of Appeals' representative
had not given information back to the entire Board
Dr Clarke replied that, traditionally, hearings are held in
February and, this year, they had an inordinate number of hearings
Mrs Battin addressed Mr Busa and said that the Planning
Board and the Board of Appeals, and Conservation, would actually be
working together during May and June and would get it to Town
Counsel by the first of July
Mr Wadsworth stated that most of the articles on 808 were
breaking the by-laws in such a way that the Planning Board took on
the functions of 808 There are a lot of things under 808 that are
a "must" - problems with variances and with restaurants, and prob-
lems with veterinarian hospitals, that Town Counsel is aware of
He said that he speaks for the Board of Appeals to try to make our
by-laws in conformity with 808 so we can decide what permits we
should give It is very important that all boards in Town partici-
pate in what changes in zoning by-laws should take place One
article says "may," but we "must" do certain things He did not
think that it is a question of what, eventually, the Board of
Appeals and Planning Board do, but Town Meeting should look at the
whole picture The zoning by-laws are outmoded and those should be
brought into conformity with 808 If you get everybody into the
picture, it is going to take longer, and he didn't think this would
be before late November This would give the opportunity to all
boards to be informed of what the by-laws are going to be We have
numerous restaurants in violation, problems with animals; question
of whether a house should come before the Board of Appeals for a variance
421
Selectmen's Meeting April ].9, 1977
Town Counsel is aware of it, and the Planning Board should be, and to
determine how the future of the Town is going to go It didn't
matter to him about the basic function of who takes over but he
hoped the Town will take the opportunity to look over the whole
picture - and we are in a situation where it is very important for
our growth and future development He hoped that the Selectmen will
act to get committees operating and get the Planning Board to outline
where we are going
Mrs Battin asked if he was saying that the articles didn't co
far enough?
Mr Wadsworth replied that he did not think they are even at
tacking the problem
Mrs Battin said that we should decide tonight where we are
going to attack She asked to hear from Conservation
Mrs Frick said that it seems like an overwhelming task, and
this was the first time that she had heard comments She thought
that the enabling act was to allow the change in permits
Mr Smith of Conservation said that, personnaly, he liked the!
idea of a special town meeting for this subject, and to have at
least six weeks for public input He liked Mr Busa's idea of
having public input after Labor Day We have to have a target some-
time in the middle of October or early November; the month of
December is too involved He didn't think Conversation was involved
in these projects
Mrs Battin said that Town Counsel felt that they were
Mr MacKenzie stated that Mr Wadsworth's comments needed
clarification We have had conversations with his Board and
realize there are some changes in Section 25, and these will
address animal hospitals and restaurants It all comes under the
use schedule In doing 18 articles, that included Mr Wadsworth's
suggestions Nobody can respond until they address the written
article
Mrs Battin asked if Mr Wadsworth would be comfortable with this?
Mr Wadsworth replied that, seeing the speed with which they
operate, he didn't think they can do it He didn't think it is so
important that it be done in a half-baked way but it is important
if you listen to comments of people when they come down to the Board
of Appeals They should realize that there are a lot of people with
ideas of how Lexington should develop The Finance Committee should
be given an idea of what costs will be when split around to various
boards Everybody should have a crack at it and he didn't see why
it had to be pushed through If everybody had a chance to consider
the aspects of all, and everybody had an idea of who is giving ou-
the permits
Mrs Battin stated that everybody shares his concern about i=
not being done in a "half-baked" manner She asked representatives
of TMMA and LWV to comment on handling it
422
Selectmen's Meeting April 19, 1977
Mrs Clarke did not think there would be aroblem in educating
P g
the public in six weeks
Mrs Gordon said that she had several reflections on what is
going on Like TMMA, she favored a special meeting for zoning, but
she shared Mr Wadsworth's concerns in rushing it through You can
look at the zoning by-laws, and what comes before the Planning Board,
and you can see that there are questions 808 is something separate
from that and she thought that they can be separated She did not
think we would ever get to the point where we would have perfect by-
laws but she felt that it is better for the public to be responding
to particular by-laws rather than something in the abstract Ninety
percent of the people do not understand the difference between a
variance and a special permit As a citizen, she couldn't put things
in a particular category
Mr Busa said that the conversation should not be continued
He did not think Mrs Clarke knew how many people would be available
in the summer to gather information, nor would the League of Women
Voters, as they had never polled them. He appreciated the work of
TMMA and LWV but didn't see why they had to be involved to educate
the public
Mrs Clarke said that the timetable said the first of July and
we are all here in May and June, and Town Meeting is over
Mr Busa replied that what he is now hearing is that Town
Counsel and Planning Board have to be ready by the end of June
Mr MacKenzie said that proposed draft articles be given to
Town Counsel, and give him July to review and betieen Labor Day
and mid-October are six weeks for public education Citizens who
have input are around now
Mrs Clarke said that she agreed with Mr Busa that there could
be no public input during July and August Experts could write the
material by the first of July, then reviewed, and there would be no
public input until after Labor Day; warrant articles have to be ready
in six weeks
Mr MacKenzie said that there are 14 articles referred back to
the Planning Board and the basic work on those 14 is done The
public has had since last March for those 14 Based on Mr Wadsworth's
comments and Town Meeting Members' comments, sometime between now and
June 30, an angel of the Lord will sit on their shoulders and educate
them.
Mrs Clarke said that if there are no initial changes in those
Articles, we can educate the public on the 14 Articles
Mrs Battin asked if they could agree with the process now of
aiming if we can to avoid taking it to March, and to take the first
step to take it to the end of June
Mr Busa stated that he was not in agreement with the process
The articles that were referred back to the Planning Board did not
have combined public input of Board of Appeals' input.
Mr MacKenzie disagreed and said that the articles had all been
reviewed and there were public hearings, and he had never seen Mr.
423
Selectmen's Meeting April 19, 1977
Busa at any one of them.
e .
Mrs Battin asked if it can be done this spring?
Mr Busa said that he was opposed to a special town meeting for
Planning Board articles that have not had hearings He had been at
meetings on them that had not been posted Also, other appointed
committees did not have input
Mrs Clarke said that she had not spoken to the TMMA Executive
Board yet
Mrs Battin said that the decision we are asked to make is if
the Selectmen support the concept.
Mr Busa moved to table and bring up when we have a larger
Board of Selectmen to discuss it wholely He wouldn't want to
agree with this without Mr Bailey present
Mrs Miley moved to go ahead with the process
Mrs Battin seconded the motion
Mr Busa questioned the legality of a Chairman secondinga
g Y
motion, and to table until Town Counsel makes a ruling
Mrs Battin said that the Board is at an impasse but Town Counsel
will be back next week She did not want to delay and hope that ! r
Busa would concur to start the process and vote in two weeks to aim
for a deadline Mr MacKenzie had suggested and that each Board would
assisn a member
Mr Wadsworth agreed and hoped that the Selectmen would assign a
member
Mrs Battin said that the Board would; also, Conservation and the
Building Commission
Mr Wadsworth asked if they would consider a committee to do
this; we have people in town who have sat in as Selectmen, Board of
Appeals' members, etc It would be a good idea if a member of each
board got together and decided on a process of how to handle it
Dr Clarke objected and said that the Planning Board is rapidly
being preempted, and he felt that there has to be a regular member
of each board.
Mrs Battin agreed and asked if, at least, to start the process?
The Planning Board should convene it, and to ask each board which
member would want to serve
Mr Busa added that there should also be a member of the Chamber
of Commerce that would be affected by zoning
Mrs Battin recommended that members of groups decide For
Mrs Clarke to ask TMMA whether they prefer to act on it in the spring,
fall, or in March, and that would give us guidance We will let you
know when it is next on our agenda
Mrs Battin said that Mr Busa had suggested other people who
would be at the next meeting We need to know what kinds of informa-
tion people want at town meeting and there should be an ongoing report
of what we have done She felt that Mr Hutchinson would welcome what
TMMA would want to recommend in the fall
Ill
Mrs. Clarke mentioned that she was unhappy about the lack of a
44
Selectmen's Meeting April 19, 1977
system
of communication with TMMA members as there is no budget for
mailing All she can do now is to tell the executive committee and
hope they can take it back to members She hopes to develop some-
thing more fruitful, perhaps by hopefully feeding information into
a monthly memo
Mrs. Battin asked Mr Hutchinson for suggestions
Mr Hutchinson said that recognizing that we are dealing with
the Selectmen and the Appropriation Committee, it might be possible
to have a quarterly newsletter, and you might indicate what you would
like to see in that type of document; we could have information com-
patible with everybody i e , explaining budgets
Mrs Clarke agreed and commented that budgets are a mystery to
most people She added that, conversely, TMMA could advise the
people
Mr Hutchinson thought that this could be incorporated in the
newsletter
Mrs Clarke recommended that there should be a year-round observa-
tion contact so that a TMMA member would be involved in a committee
on recreation, conservation, human services, town by-laws, etc
Mr Hutchinson cautioned that you can committee yourself to
death. We are always answering questions from committees The
agencies are already in place and you could show true interest by
coming to those meetings and work with some of them. We endanger
the review process by it becoming part of the system There seems
to be pretty good balance in agencies but perhaps our information
could be better
Mrs Clarke responded that she felt that they understood each
other
It was agreed to make arrangements for another meeting of all
concerned with Chapter 808 and associated zoning by-law revisions in
two weeks
All representatives of involved agencies retired from the meeting
Transfer- Mr Hutchinson alerted the Board to a request next week for a
Veterans transfer of $6,000 to the Veterans' Account because of unemployed
veterans He felt that the fact that veterans' benefits are handled
by the property tax is outrageous and they should be consolidated
into social services, which has 100 percent reimbursement Veterans'
benefits are social services and veterans should receive total benefits
Mrs Battin recommended that consideration be given to notifying
our legislators
Mr Hutchinson agreed
Selectmen' s Vice Chairman Battin said that the Board must set the date of
Special the Special Election to fill the vacancy on the Board of Selectmen
Election Upon motion duly made and seconded, it was voted to set the
date of the Special Election on Monday, June 13, 1977, with polling
hours of 7 00 a m. to 8 00 p.m. to fill the vacancy on the Board of
Selectmen caused by the resignation of Dr Howard M. Kassler
425
Selectmen's Meeting April 19, 1971
The Board a d also voted to call the primary and election on the Special
dates,, set by the State Primary &
Upon motion duly made and seconded, it was voted to call the Election
Special Primary on Tuesday, May 24, 1977, and Special Election State Senator
on Tuesday, June 21, 1977, with polling hours of 7 00 a.m. to
8 00 p m. for Precincts 4, 6, 7, 8 and 9 only, to fill the vacancy
for State Senator
Upon motion duly made and seconded, it was voted to approve the Water
reco endation of Mr John J McSweeney, Director of Public Works/ Abatement
Engineering, to abate the water bill of $33 30 for 12 Oak Park
Circle, because of a bookkeeping error
The Board discussed annual appointentents to the Historic Dis- Appointments -
tricts Commission Historic
Vice Chairman Battin read a letter from the Historical Society Districts
recoutnending that Mr Packard, current Associate Member of the Con- Commission
mission, be appointed a Commissioner to fill the vacancy caused by
the resignation of Mr Holzbog Mr John L. Davies was recommended
for appointment to fill Mr Packard's position
Upon motion duly made and seconded, it was voted to appoint Nr
John !R. Packard a member of the Historic Districts, representing the
Histdrical Society, to fill an unexpired term of office to January 1, 1978
Upon motion duly made and seconded, it was voted to appoint Nr
John L. Davies, 96 Meriam Street, an Associate Member of the Histcric
Districts Commission, representing the Historical Society, to fill
an unexpired term of office to January 1, 1979
Mr Buse moved and Mrs Miley seconded the motion to appoint Mr
Greeley as the representative of the Board of Selectmen to replace
Mr Wilbur M. Jaquith.
Upon motion duly made and seconded, it was voted to appoint Mr
Roland B Greeley a member of the Historic Districts Commission,
representing the Board of Selectmen, for a term of office to
January 1, 1982
Mrs Battin urged that members of the Board of Selectmen and
Town Officials attend a program on environmental issues to be con-
ducte'd by the Mass League of Cities and Towns and the Mass Select-
men' s Association on May 6 in Bedford.
It was agreed that appointments to the Committee under Article Article 65
65 of the 1977 Annual Town Meeting would be made on May 2 when the Committee
4-men}ber Board would be present. Mr William Page has submitted
nominees, and the Council on Aging will be asked for recommendaticns
Board members were also asked to make recommendations
'Upon motion duly made and seconded, it was voted to adjourn at 8 55 p m.
A true record, Attest
Executive Clerk, Selector
426
SELECTMEN'S MEETING
April 25, 1977
A regular meeting of the Board of Selectmen was held in the
Selectmen's Meeting Room, Town Office Building, on Monday, April 25,
1977 at 7 30 p.m. Vice Chairman Battin, Mr Buse, and Mrs Miley;
Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney,
Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk,
were present.
Conduit - Vice Chairman Battin opened the hearing on the petition of the
NBT&T Co New England Telephone Company to install approximately 108 feet of
underground conduit in Bedford Street and Pine Knoll Road.
Notices of the hearing were sent to abutters shown on the
petitioner's plan and also filed with the Public Works Department
Bedford St Mr Roland Pinault was present as the representative of the
(Pine Knoll Telephone Company and stated that the petition is for the purpose
Road) of tying in underground to the feeder that goes up to Pine Knoll
Road and eliminate wire crossing on Bedford Street This will give
the opportunity to remove some of the existing wires This will all
be within the Town layout We have applied for a state permit for
47 feet of state highway
Vice Chairman Battin read a report from Mr John J McSweeney,
Director of Public Works/Engineering, that his department had re-
111
viewed the location and recommended that permission be granted
subject to all work being done by hand on Pine Knoll Road in order
to eliminate damage to an existing split rail fence and, also, that
the Telephone Company must receive a permit from the State Depart-
ment of Public Works
Vice Chairman Battin asked if anyone was present in favor or
in opposition?
Mrs Mary Lippincott, 4 Pine Knoll Road, complained about the
work done by the Telephone Company at her property She said that
it was sloppy, with rocks thrown around and grass destroyed, and
wondered what will be done
Mrs Battin asked Mr Pinault if he could remedy the condition
to her satisfaction?
Mr Pinault replied that it is the responsibility of the Tele-
phone Company to have a contractor come in and restore the area.
Mr Hutchinson informed Mrs Lippincott that if she is dis-
satisfield with the work of the Telephone Company, she should con-
tact the Town Manager's office
Mr Pinault agreed to look into the matter and resolve it to
Mrs Lippincott's satisfaction
No one else appearing in favor or in opposition, Vice Chairman
Battin declared the hearing closed
Upon motion duly made and seconded, it was voted to grant per-
mission to the New England Telephone Company for the following loca-
427
Selectmen's Meeting April 25, 1977
tion ion underground conduit, to all work beingdone byhard
gx' subject
on Pine Knoll Road in order to eliminate damage to an existing split
rail fence, and a permit being received by the Telephone Company
from 'the State DPW for the portion of State highway
Bedford Street on the easterly side, from existing manhole
(Pine Knoll Rd. ) #54/116 located approximately 41'+ north of
Pine Knoll Road, southerly 41"+ thence norti-
easterly 67'+ to existing pole 217/1, appro) i-
mately 108'+ of conduit.
Vice Chairman Battin opened the hearing on the petition of tIe Conduit -
New England Telephone Company to install approximately 31 feet of NET & T Co
underground conduit in Winter Street from Bedford Street. Winter St
Notices of the hearing were sent to abutters shown on the
petitioner's plan and also filed with the Public Works Department.
Mr Roland Pinault was present as the representative of the
Telephone Company and stated that the petition is for the purpose
of tying into the underground network to meet service requests in
the area of Drummerboy Way
'Vice Chairman Battin read a report from Mr John J McSweenel ,
Director of Public Works/Engineering, stating that his department
had reviewed the location and recommends that permission be granted
No one appearing in favor or in opposition, Vice Chairman Battin
declared the hearing 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 of underground conduit
Winter Street from existing manhole #54/514 located on the
easterly side approximately 345'+north of
Bedford Street, westerly to existing pole
149/4, approximately 31'+ of conduit
Vice Chairman Battin opened the hearing on the petition of the Conduit
New England Telephone Company to install approximately 175 feet oi' NET & T Co
underground conduit on Bedford Street north of Vaille Avenue Bedford St
Notices of the hearing were sent to abutters shown on the Vaille Ave
petitioner's plan and also filed with the Public Works Department
Mr Roland Pinault was present as the representative of the
Telephone Company and stated that there is existing conduit in the
sidewalk and, because of some crossing, the area will be restored
in condition The conduit will come from the existing manhole at
Vaille Avenue to the Mystic Valley Mental Health building for the
purpose of increasing and updating the service
Vice Chairman Battin read a report from Mr John J McSweeney,
Director of Public Works/Engineering, stating that his department
had reviewed the location and recommends that permission be grantEd
428
Selectmen's Meeting April 25, 1977
subject to the condition that the existingsidewalk be replaced with
J p
a minimum of two inches of stone dust, graded and compacted.
No one appearing in favor or in opposition, Vice Chairman Battin
declared the hearing 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 of underground conduit, subject to the condition that the exist-
ing sidewalk be replaced with a minimum of two inches of stone dust,
graded and compacted
Bedford Street on the westerly side, from existing manhole
#54/156 located in the sidewalk area approxi-
mately 32'+ north of Vaille Avenue, southerly
to private property #186 Bedford Street,
approximately 175'+ of conduit
J/O Pole Vice Chairman Battin read a petition from the New England Tele-
Lowell St. phone Co and the Boston Edison Co for approval of joint ownership
of pole #9/34 located on Lowell Street south of Fairlawn Lane,
currently owned by the Telephone Co
Mr Roland Pinault was present as the representative of the Tele-
phone Company and explained that the Boston Edison Company has re-
quested to buy in on the pole This is a normal procedure but ap-
proval of a joint grant of location must be given
Upon motion duly made and seconded, it was voted to grant per-
111
mission for joint ownership of pole 9/34 to the New England Tele-
phone Company and the Boston Edison Company at the following loca-
tion
Lowell Street on the easterly side, approximately 691+
feet south of Fairlawn Lane, one pole #9/34
Treasurer Mr Louis A. Zehner, Town Treasurer, met with the Board to
recommend the acceptance of the low bid submitted by New England
Merchants Bank at 2 00 percent to renew a note for $355,000 which
is due on May 2, and a note for $407,000 which is due on May 3, 1977
Upon motion duly made and seconded, it was voted to approve
the recommendation of Mr Louis A. Zehner, Town Treasurer, to accept
the low bid of 2 00 percent from the New England Merchants Bank
to renew notes in amounts of $355,000 and $407,000 pending receipt
of funds for the bond issue scheduled for sale May 3, 1977 and dated
June 1, 1977
Hanscom Mr Allen Kenney, Lexington's representative on the Hanscom
Task Force Task Force, met with the Board for a brief updating on the committee,
which he said is approaching a point of fruition, and to invite the
Selectmen and Town agencies to attend a public hearing on Hanscom
Field to be held in Estabrook Hall on May 10 He explained that the
Hanscom Task Force was established by Governor Sargent in July, 1974,
and was comprised of representatives of groups from surrounding
towns At that time, the Air Force was turning over the field it-
self to Massport, and it was strongly felt that local and civic
429
Selectmen's Meeting April 25, 1977
should have a
groups voice in the way Massport operated at Hanscom.
Mr Sanborn Brown, Lexington Selectmen at the time, was the first
chairman and he did an excellent job in getting the group organized
and running Some of the original members are still on the commi-tee,
which meets once or twice a month The Task Force asked Massport
for 4ndepth studies to be made on policy decisions, and they pre-
sented certain scenarios under which certain policy decisions were
made'on what would happen in and around the field The Lexington
Sele4tmen adopted policy decisions regarding the position of the
Townson Hanscom Field in February, 1975 and reaffirmed them in June,
1976.
The Board of Selectmen voted on February 10, 1975 to adopt the
foll¢wing position regarding Hanscom Field
1 Lexington accepts the fact that Hanscom Field will re-
main an airport
2 We oppose the use of Hanscom Field for commercial
aviation
3 We oppose any changes in general aviation which would
result in more frequent flights or noisier types of
aircraft
4 We oppose any extension of the existing airfield and
runways, or of the total airport property
'5 Land uses around the perimeter of the airfield itself
must be compatible with uses in neighboring towns
Access by road or public 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 pollu-
tion resulting from present use
Mr Hutchinson asked what the number of flights is now?
Mr Kenney replied that they were something over 200,000 The
field is capable of expanding to 320,000 and, beyond that, that, they
will not build new runways It is the concensus of the Task Force
that'- (1) Massport should impose a night curfew (this is not too
difficult as there are not many night flights) ; (2) the use of
rotary-type aircraft be allowed as they are not as noisy and as a_r
pollutant as other crafts; (3) to urge a ban on jets and planes over
12,500 lbs Mr Kenney added that, with the effect on the military
and because there has not been a complete economic study made, he
pers$nnaly, would be wary of falling in line with item three
Hearings have been scheduled in April and May in Burlington, Concord
and Lincoln and dates will be set for hearings in Bedford and at
Hanscom Field. Mr Kenney urged that all attend the Lexington
hearing on May 10 for input from citizens, civic groups and Town
officials on a brief snyopsis to be presented by the Task Force on
what''the Speas Study has indicated, and what policy decisions and
1
recoxhmendations might be made to Massport
43U
Selectmen's Meeting April 25, 1977
Mrs Battin, Mrs Miley, and Mr Busa will attend, and it was
agreed to invite all interested Town agencies Mr Kenney retired
from the meeting
Auditing Mr Hutchinson recommended that the Board appoint a committee
Committee to bring back recommendations on selecting an independent auditor
for the Town.
After discussion, the Board agreed to appoint Mr Hutchinson,
Town Manager; Mr Perry, Comptroller; a representative of the
Appropriation Committee; Mrs Battin and Mr Bailey representing
the Board of Selectmen; Mr Cohen, Town Counsel
Building Mr Hutchinson read a recommendation of Mr Donald K. Irwin,
Permit Building Commissioner, for a change in building permit fees
Fees Upon motion duly made and seconded, it was voted to approve
the recommendation to establish Building Permit Fees, under
Chapter 802 of the State Building Code, at a minimum of $5 00,
with an additional fee of $2 00 per $1,000 valuation over $5,000 00,
with the current base of $5 00 remaining the same
Mr Hutchinson was requested to check with surrounding towns
on fees charged for all permits and to come back to the Board with
recommendations on all fees for the Town of Lexington
Transfer - Mr Hutchinson recommended that the Board approve a request
Veterans' for a transfer of $6,000 to Veterans' Benefits
Account 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 7200-Veterans' Aid and Expenses, in the
amount of $6,000
Mr Hutchinson informed the Board that he is in the process
of reviewing the entire situation regarding transfer requests, and
it is a bleak situation because of increases in so many areas
Ice Cream Mr Hutchinson asked for direction from the Board concerning
Vendors the current policy of prohibiting the sale of ice cream from mobile
units within the Town He pointed out that there is difficulty in
enforcement because persons have obtained a permit from the state
for hawkers and peddlers
Mr Busa said that vendors with a state license have every
right to go throughout the Town except within the areas already
prohibited within 200 feet of Mass Avenue and parks and playgrounds
He recommended that the Town petition the Legislature for a revi-
sion in the By-Laws to cover it At the present time, we cannot
prohibit the vendors from coming into Lexington
The Board agreed to take the matter under advisement regarding
the possibility of having an article in the 1978 warrant regarding
ice cream vendors In the meantime, there is no change in the current
policy of the Board.
43_l
Sele4tmen's Meeting April 25, 1977
It was agreed to discuss on May 2, Mr Hutchinson's recommenda-
tion concerning an easement on Bacon Street
1Mr Hutchinson submitted a recommendation from Mr McSweeney Sidewalk
that no damages be awarded for temporary sidewalk construction Easements
easements on Mass Avenue Mass Ave
Upon motion duly made and seconded, it was voted to approve Clarke &
the recommendation that no damages be awarded to property owners Muzzey
involved in temporary construction easements to be used for the
construction and alteration of the sidewalk on the southwesterly
side of Massachusetts Avenue between Clarke and Muzzey Streets
Mr Hutchinson recommended an amendment to the Traffic Rules Traffic
and Orders for no parking on Simonds Road from Bedford Street to Regulation
Harding Road A report from the Traffic Safety Committee was Simonds Rd
reads stating that the Engineering Division was asked by the Police Parking
Department to investigate the matter and it was found that, due to
the narrowness of Simonds Road with vehicles parked on either or
both, sides, frequent "false calls" are sent to the signal con-
troller by vehicles leaving the intersection Conversely, on many
occasions, vehicles approaching the intersection swing out to pass
parked vehicles and miss the detector This situation leaves the
driver "lost" in the interesection, facing a red indication con-
trolled by a device that does not know he is there The Committe,a
feels that no parking on either side is justified, and it is recom-
mended to institute this regulation
Upon motion duly made and seconded, it was voted to amend tha
1 Traffic Rules and Order of Lexington by adding to Article V,
Section 2, Schedule 1, the following
Type Location Side From To YP Parking
Simonds Road Both Bedford Street Harding Road No Parking
1 M Hutchinson informed the Board that Mr McSweeney has been Inflow/
notified that the application for a federal grant for an Inflow/ Infiltration
Infiltration Study has been approved for $52,856 The first phase Grant
for Hayes Lane will cost $80,000
IThe Board approved a request for a bike-a-thon Permit
Upon motion duly made and seconded, it was voted to approve a
request for a bike-a-thon to benefit the Mass Cystic Fibrosis
Foundation to be held on Saturday, June 4, 1977, starting at 2 OC p m.
In response to a request from the MVMH Area Board, Vice Chairman MVMH
Battin read a letter from Mrs Renee Cochin recommending Mr Bayles Nominees
and Ms Tutun as candidates for appointment to the Board of Directors
Upon motion duly made and seconded, it was voted to nominate Mr
Richard E Bayles, 19 Wyman Road, and Ms Margot M. Tutun, 19 Tyler
Road, as candidates for appointment to the Board of Directors of the
4 3`2
Selectmen' s Meeting April 25, 1977
Mystic ValleyHealth Center Association, Inc
Y
Brucchi's Mr Busa discussed the hearing he had conducted in the Select-
Chickens - men' s Meeting Room on Wednesday, April 20, 1977, on the written corn-
Dogs plaint of Mr John D. Brucchi, 63 Paul Revere Road, that an unknown
dog or dogs had killed several of his checkens in June, 1976
At the hearing, Mr Brucchi claimed that he had lost 15 chickens
but a report from Assistant Dog Officer Burdge was read, stating that
"his survey of the area on June 10, 1976 showed a total of four dead
chickens, the approximate weight being between five and seven pounds "
Mr Busa recommended that Mr Brucchi request the County to reimburse
him for the loss of four chickens
Mrs Miley recommended that the County reimburse Mr Brucchi
Upon motion duly made and seconded, it was voted that it is the
decision of the Board of Selectmen, as a result of a hearing held on
April 20, 1977 concerning the written complaint of Mr John D Brucchi
that an unknown dog or dogs had killed several of his chickens on
June 10, 1976, that the County be requested to reimburse Mr Brucchi
for the loss of four chickens
Rosenthal Dog Vice Chairman Battin read a formal complaint from residents for
a hearing on a dog owned by Mrs Rosenthal of 126 Grant Street
Upon motion duly made and seconded, it was voted to make arrange-
ments
for a hearing on a convenient Wednesday morning on the formal
complaint against the dog owned by Mrs Rosenthal of 126 Grant Street.
Auctioneer Vice Chairman Battin read an application for an Auctioneer's
license
Upon motion duly made and seconded, it was voted to sign the
Auctioneer's license for Mr Allen C Lannom, 35 Webster Road
Governor Vice Chairman Battin read a letter from Governor Dukakis in
Dukakis - response to the resolution passed at the 1977 Town Meeting against
Binding the continuance of the binding arbitration law after the trail period
Arbitration ending June 30, 1977 Governor Dukakis expressed his own concern
for solving the conflict between public employees' unions and local
governments, and citied his proposal to limit binding arbitration
to cases where the state's labor relations commission found municipal
officials to be bargaining in bad faith The proposal would also
limit the scope of binding arbitration to the issues of wages, fringe
benefits, hours By his proposal, Governor Dukakis stated that this
compromise would fulfill the state's commitment to the law by insur-
ing fair treatment to union officials while allowing municipalities
to control their agencies effectively
Mrs Battin added that municipal associations are in support of
the Governor's compromise, and we have contacted major boards, TMMA,
Respresentatives and Senatorial aspirants to work towards strengthening
the Governor's proposal
433
t
Sele oren s Meeting ?5 1977
� April '
,Upon motion duly made and seconded, it was voted 3-0 by roll Executive
call vote to go into Executive Session for the purpose of discuss. Session
ing strategy with respect to litigation, and a personnel policy
matter
,After discussion, it was voted to go out of Executive Session
and resume the open meeting
Vice Chairman Battin informed the Board that a request has been Permit
received for a change in the date previously approved for the LEA
Rideta-Bike on May 1, 1977
Upon motion duly made and seconded, it was voted to approve .he
request to conduct the LEA Ride-A-Bike to benefit the Massachuset.s
Association for Retarded Citizens on Sunday, May 15, 1977
Mr Hutchinson informed the Board that he, Mr McSweeney and Bedford St
Mr chalpin, Traffic Engineer, had checked out the proposal by Traffic
Rep. Amick to alleviate traffic conditions on Bedford Street at the
Hartwell Ave jughandle After a meeting with the Transporation
Committee this week, he will submit recommendations to the Board
at the May 2 meeting
Mr Hutchinson advised the Board that resumes of the applicants
for the position of Fire Chief will be reviewed by the end of May
or the first part of June
Upon motion duly made and seconded, it was voted to adjourn ,5.t
9 35 p.m.
A true record, Attest
Executive Clerk, Selectmen
n . V
434
SELECTMEN'S MEETING
May 2, 1977
A regular meeting of the Board of Selectmen was held in the
Selectmen's Meeting Room, Town Office Building, on Monday, May 2,
1977, at 7 30 p.m. Vice Chairman Battin, Mr Bailey, Mr Busa,
Mrs Miley; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel;
Mrs McCurdy, Executive Clerk, were present
Police The Police Manual Policy Committee met with the Board to re-
Manual quest approval of proposed modifications of Section I of the Rules
Policy and Regulations of the Lexington Police Department, and to discuss
Committee Section II-Proposed Duties by Rank and Assignment.
Mr Robert Kent, Chairman, explained that the Manual is to be
used as guidelines for the operation of the Police Department on a
day to day basis The Massachusetts Police Institute had come up
with a draft, which they had submitted to Chief Corr, and the Com-
mittee had reviewed and edited the proposals Assignments were
much clearer, and the Committee had made no changes in those, but
did agree with one modification by the Town Manager concerning the
Chief of Police The Mass Police Institute had indicated that if
they wanted MPI to do the reproductions, the Committee should re-
turn them by May 15 Mr Kent recommended that we take advantage
of this as the cost of reproduction might be a few hundred dollars
or even $500 The Committee's rationale on Section III-Policies
and Procedures is different as they are making changes, some that
are considerable and some that will not change. The Institute will
not re-do the 30 monographs but will send complete sets to the Chief
and the Committee, and they will be reviewed. If the Board of
Selectmen would like to put off approval until next week, fine, but
beyond that is the problem of who is going to duplicate them if not
submitted by May 15
Vice Chairman Battin said that the Board has had copies for two
weeks and would answer this evening, but questioned if the Board
needed to know what will be in the policies & procedures section
prior to taking action on Sections I and II
Mr Kent replied that they can be done independently These
are policies given to the Officer on a day-to-day basis, subject
to the Chief who is responsible
Mrs Battin agreed that they could be done independently
Mr Bailey asked to hear from the Manager on Sections I and II
Mr Hutchinson complimented the Committee on the excellent job
done, and recommended that in Section II the term job description
be changed to job assignment, and the job assignment of the Chief is
to be as follows
"Consistent with the General Statutes of the Commonwealth of
Massachusetts, and an Act establishing the Selectmen-Town Manager
form of Government in Lexington, the Police Chief is the Chief Admini-
435
Selectmen's Meeting May 2, 1977
strative Officer of the Department and the Departmental authority in
all matters of policy, operation, lawful orders as are necessary to
assure the effective performance of the Department "
Vice Chairman Battin agreed that the modifications would bring
the regulations more in line with the Selectmen-Manager Act She
questioned whether certain categories in the present rules & regula-
tions concerning prisoners brought to court, procedure on lost
children, etc were included in the policies & procedures section,
and Mr Kent assured here that they were Mrs Battin said that .the
Selectmen had adopted a policy that complaints go to the Chief, ten
the Manager and, ultimately, to the Board of Selectmen She askei
if that should be included in the policies & procedures section
Mr Kent advised against having a Selectmen's policy in the
procedures' section as this relates to the Chief's policies and
procedures for running his department, but he saw no difficulty in
having it as part of the regulations governing the department
Mrs Battin agreed as long as it was included somewhere
Mr Hutchinson said that he would go along with it He said
that if people would just call Chief Corr, the problem would be
resolved more quickly; if they have reservations they can always
come to the Manager and the Selectmen
Mrs Battin suggested that this be publicized She asked if
checking the cells every hour was included in the policies &
procedures section
Mr Kent said that he and Chief Corr went into that very closely,
and it is included
Upon motion duly made and seconded, it was voted to approve the
modifications submitted by the Police Manual Policy Committee in
Section I, Rules and Regulations for the Government of the Police
Department for the Town of Lexington Also, to approve Section I[,
Proposed Duties .by Rank and Assignment, including the change from
job description to job assignment, and the job assignment of the
Chief, as follows "Consistent with the General Statutes of the
Commonwealth of Massachusetts, and an Act establishing the Selectmen-
Town Manager form of Government in Lexington, the Police Chief ani
the Departmental authority in all matters of policy, operations,
lawful orders as are necessary to assure the effective performance
of the Department."
Mr Busa made a statement complimenting the Police Department Police -
for an outstanding performance of duty during the hold-up in the Hold-up
Center last weekend, especially Patrolman Peter Scopa and the oth?r
Officers in handling the situation without a serious incident occurring
The Board agreed
The Police Manual Policy Committee retired from the meeting
Vice Chairman Battin read a list of nominees submitted by Mr
III William Page for appointment by the Selectmen in accordance with the
I
436
Selectmen's Meeting May 2, 1977
Town Meeting
Forum on vote of the 1977 Annual o under Article 65 to research
Aging - alleviation of the problems of old age
Article 65 Upon motion duly made and seconded, it was voted to appoint the
following members of the Lexington Forum on Aging
William R. Page, Chairman 25 Oakland Street
Frayda Cooper 30 Asbury Street
Peter F Davison 193 Cedar Street
Lloyd Gilson 35 Partridge Road
Judith Laster 33 Fairbanks Road
The Board agreed to inform Mr Page that consideration will be
given to his recommendation of the appointment of two additional
members
Warrant- Vice Chairman Battin requested the Board to sign the Warrant for
State May 24, 1977
Senator Upon motion duly made and seconded, it was voted to sign the
Warrant for the Special Primary to be held on Tuesday, May 24, 1977,
in Precincts 4, 6, 7, 8, and 9 for condidates for State Senator
The Board discussed a request from the Northborough Board of
Selectmen to join with them in a petition to Governor Dukakis re-
garding
budget and fiscal issues On the advice of the Town Manager
and Comptroller that the Town could support only two of the four
items on the petition, it was agreed to inform Northborough that the
Lexington Board of Selectmen regrets that it cannot fully support
their position and, therefore, is unable to join with them in a
petition to the Governor
Minutes Upon motion duly made and seconded, it was voted to approve the
minutes of Selectmen's Meeting held on April 11 and April 19, 1977,
Contract Upon motion duly made and seconded, it was voted to sign Con-
77-4-E tract #77-4-E awarded on March 28, 1977 to United Construction Co ,
Somerville, for sewer and water main construction in the amount of
$239,199 53
Auctioneers Vice Chairman Battin read applications for Auctioneer's licenses
Upon motion duly made and seconded, it was voted to sign
Auctioneer' s licenses for Joseph T Tropeano and Joseph C Tropeano,
12 Revere Street, expiring March 31, 1978
Selectmen's The Board agreed to cancel the meeting on Monday, May 9, and re-
Meetings schedule it for Tuesday, May 10, 1977, at 6 45 p m. Also, to schedule
a meeting on Tuesday, May 31, 1977, at 7 30 p m.
Permit Mr Hutchinson recommended that the Board grant the request of
the Lexington Theatre Company to set up a table in the Center and
437
Selectmen's Meeting May 2, 1977
sell tickets for their spring production
Upon motion duly made and seconded, it was voted to grant per-
mission to the Lexington Theatre Company to set up a table and to
sell tickets within the area in front of the Cambridgeport Savings
Bank building or the Harvard Trust Company on Saturday, May 7, 1977
The Board agreed that the Town Manager is to review and submit Sanitary
a recommendation on the Amended Rules and Regulations for the san.L- Landfill
tary landfill Regulations
Mr Hutchinson discussed the proposal for BeftxddStreet traffic Bedford Street
which was presented by Representative Carol Amick to the Board on Traffic
April 19 He stated that after a site visit, it was the feeling
that while it does provide holding capacity for cars, there is the
possibility of creating more problems. They will look at the timing
of lights, which are already geared for traffic at the ramp, and he
Traffic Safety Committee will make an updated study of the area
Mrs Miley said that one person had suggested to her many months
ago the possibility of having a curb cut at Eldred Street for those
making a right turn.
Mr Hutchinson advised the Board that the Traffic Safety Com-
mittee pursue all of those points
Mrs Battin added that the Transportation Committee should look
at it also.
Upon motion duly made and seconded, it was voted to write to
Rep Carol Amick and thank her for her efforts in meeting with the
State D.P W to work out a proposal for alleviating the traffic
situation on Bedford Street, but informing her that the Board accepted
the recommendation of the Town Manager that, although the proposal
provides some storage capacity, it may in the long run compound the
overall traffic problem.
It was agreed to await the updated recommendations of the
Traffic Safety Committee and the Transportation Advisory Committee
regarding Bedford Street traffic
Mr Albert Zabin, Planning Board; Mrs Ruth Morey and Mr Irving Chapter 808-
Mabee, Board of Appeals; Mr Frank Smith, Conservation Commission Zoning
Mrs Elizabeth Clarke, T M.M.A , met with the Board to discuss
Chapter 808 and attendent Zoning By-Law revisions
Vice Chairman Battin updated all those present and said that,
at the last meeting, it was agreed that the Planning Board would
convene the first meeting of representatives of the Planning Board,
Board of Appeals, the Building Commissioner, and Mr Alfred Busa
representing the Board of Selectmen Agreement was reached on hamr-
ing input and the actual draft being submitted at least 6 to 8 weeks
before a vote is taken by the Board of Selectmen There was no
commitment made regarding a special town meeting but some device ought
to be given serious thought The committee would resolve the areas
438
Selectmen' s Meeting May 2, 1977
111
of concern of (1) how completely the zoning by-laws are revised; (2)
actual timetable of completion Orderly process would commence and,
when ready, the committee would come to the Board of Selectmen for
review
Mr Busa said that this is the crux of where he felt we ought to
be going; to have citizens' and the group's input, and than a draft
given to Town Counsel to be written for the Warrant He again
recommended that a member of the Chamber of Commerce and the Real
Estate Board should be included as permanent members of the committee;
also, to have someone in the construction field for additional input.
Mr Busa had no objection to a special town meeting but felt that
there was no necessity for rushing into it as these revisions would
be effective for at least a decade. Research should be conducted with
other towns who have adopted the Act as he understands that there are
some court cases which require interpretation by the Attorney General's
Office
Mrs Morey asked what, specifically, is this particular committee
supposed to do?
Mrs Battin replied that they would deal with the zoning articles
referred back by Town Meeting and also, Mr Wadworth's suggested re-
view of all permitted uses as well as the determination of the per-
mit granting authority Mr MacKenzie told us at the last meeting that
Mr Wadsworth suggestions would be looked at
Mr Zabin said that their plan started off, essentially, with a
citizens' committee and, as a result of suggestions made at the rather
well-attended public hearings, they had citizens' input in the draft
Their initial thoughts of an approach to zoning revisions were essen-
tially those that did not have major planning significance in relation
to planned use Chapter 808, by implication, would abolish variances
and they felt that they should go slowly as some of the issues in-
volved needed broader input than the professional type of work that
was done The citizens' committee included the Chamber of Commerce
and professionals who are looking at the problem of land use planning
for CBD They hoped to look at the next step of special permits under
Section 25. With the implications under Chapter 808 by abolishing
variances, there may be uses not granted, and that is the next area
that we hope to deal with The problem with the Central District is
terribly complicated, and it is not realistic that it could be ready
in the fall and it is not advisable to deal with that plus town meet-
ing articles; it would be spread too thin I don't think anybody
would object to the kind of draft for s 25 or other type of land use
issues It doesn't seem desirable to go over what has been done, and
the issues that are raised by the proposed changes were very adequately
debated. What town meeting really wanted was to have members become
acquainted with those issues Other ideas will come out and good ones
ought to be adopted It is a waste of time to go over those that have
been gove over with a good deal of thought and to debate them.
Mr Cohen pointed out that the Center Business Study Committee is
439
Selectmen's Meeting May 2, 1977
for a specific purpose and should not be the committee which is study-
ing
P P Y
ing the revision of the by-laws The By-Laws commitee should be a con-
tinuation of Mr Zabin's earlier committee, which was formed to recommend
changes necessitated by and in connection with Chapter 808 If tae 808
Committee endorses proposals submitted to it, the draft should be made
available to Town Counsel as soon as possible
Mr Zabin disagreed and said that there are some changes that are
mandated by 808 and the earlier changes recommended by the Planni,g
Board were for the most part in that category
Mrs Battin suggested that it be left up to the group
Mr Zabin said that he didn't want to give the impression that
we didn't want our handiwork tarnished by anybody's dirty hands
Mr Bailey said that the recommendations of the Planning Board
should be outlined in such a manner that they could be understood by
all He suggested that the committee not become bogged down on a
specific date for Town Meeting but rather work toward completing its
task, and then a target date can be set Regarding Mr Busa's sugges-
tion of additional members, he felt that the committee is made up of
all affected town boards and/or committees and it seems to be a cDm-
pact and effective group, without having one or two specialists aad
perhaps running into the problem of having to call in another specialist
for a point of view
Mr Busa reiterated that it was his understanding that this com-
mittee was to be set up to go over the 14 plus articles that were
referred back to the Planning Board, and those are the articles tp
be addressed; then go forward on Section 25, and then other revisions
under Chapter 808
Mrs Battin said that they will work on the articles referred
back plus clarification on other aspects of the zoning By-Laws If
the group agrees on how best to approach them, and if boards can
agree, then they decide on their strategy
Mrs Clarke said that she will inform the Town Meeting Members
Executive Board when they meet on Thursday
It was mutually agreed that Mr Zabin is to convene the first
meeting of the Chapter 808 Committee, when all representatives are
appointed, and later on the Board of Selectmen will entertain a re-
quest for a special town meeting
All involved retired from the meeting
Mr Edward Tippett, owner of the Arlex Corporation, Inc , Lexington
d/b/a the Lexington Cab Company, met with the Board Taxicabs
Mr Hutchinson informed the Board that he had received a re-
port from the Police Department that the nine cabs had been inspected,
and it is recommended that only six cabs be licensed as the other
three are marginal, at best, and represent a thigh safety risk Mr
Tippett has had his licenses renewed on a month-to-month basis and
it is felt that he has had ample time to bring all vehicles up to
standards
440
Selectmen's Meeting May 2, 1977
The Board agreed that Mr Tippett may make application for the
remaining three cabs when a favorable recommendation is received
from the Police Department
Upon motion duly made and seconded, it was voted to renew six
licenses for the Arlex Corporation, Inc , d/b/a the Lexington Cab
Company, with registration numbers 6847, 6848, 6849, 6875, 6881, and
6882; licenses expiring May 1, 1978
Mr Tippett informed the Board that he will come back for an
increase in rates as new revenue is needed in order to buy new
equipment At that time, he will also present a program for senior
citizens
The Board requested Mr Tippett to put it in writing
Police Mr Hutchinson recommended that the Board refer the matter brought
Shelter up by the Historic Districts Commission to the Design Advisory Com-
mittee for a study to be conducted on the aesthetics at the inter-
section of Massachusetts Avenue and Waltham Street, including the
Police Shelter
Hiring Mr Hutchinson announced that a meeting has been arranged to
Practices- discuss affirmative action on employment practices with the School
School & Superintendent and representatives of the School Committee, Board
Town Govt of Selectmen, Personnel Advisory Board and the Town Manager It
is expected to have a proposed municipal affirmative action plan
for the Board's consideration of endorsement in June
Bond Sale Mr Hutchinson informed the Board that the bond sale at
$765,000 is on May 3 and the Town did continue its AAA rating
Sewer Mr Hutchinson recommended that the Board vote an intent to take
Construction a permanent sewer easement, which is required for the construction
Easement - of the trunk sewer from Marrett Road to the Woodhaven Trunk Sewer
Bacon St and parallel to Bacon Street The property owners involved are the
Town of Lexington and the Lexington Conservation Commission An Act
of the State Legislature dated September 22, 1976 authorizes the
Town to construct and maintain this trunk sewer
Upon motion duly made and seconded, it was voted an intent to
take a permanent sewer easement for the construction of a trunk sewer
from Marrett Road to the Woodhaven Trunk Sewer and parallel to Bacon
Street
It was agreed that Town Counsel may proceed with the prepara-
tion of the order of taking
Executive Upon motion duly made and seconded, it was voted 4-0 by roll call
Session vote to go into Executive Session for the purpose of discussing
strategy with respect to litigation, with no intention of coming out
of Executive Session
Upon motion duly made and seconded, it was voted to adjourn at 10 35 p m.
A true record, Attest
04 Executive Clerk, Selectmen U
441
SELECTMEN'S MEETING
May 10, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Tuesday, May 10, 1977,at
6 45 p.m Vice Chairman Battin, Mr Bailey, Mr Busa, Mrs Miley, Mr
Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs McCurdy, Execu-
tive Clerk, were present
Mr Louis A Zenner, Town Treasurer, met with the Board to re- Treasurer
quest Approval of the sale of conservation bonds No signatures are Sale of
required at this time but the Executive Clerk will certify the vcte Bonds
of the Board
Upon motion duly made and seconded, it was voted to approve the
recommendation of the Town Treasurer for the sale of conservation
bonds (Nos 1 to 153) to Kidder, Peabody & Co and Moseley, Hallgarten
& Estabrook, Inc in the amount of $765,000 at 3 50 percent payatle
on June 1, $175,000 in 1978 and 1979, $150,000 in 1980, and $115,000
in 1982
Mr Zehner requested approval of the use of facsimile signa- Use of
tures of the Board Facsimile
Upon motion duly made and seconded, it was voted to approve the Signatures
use of facsimile signatures of the Board of Selectmen to be en-
graved and printed on the bonds for sale These facsimiles are to
be kept on file at the New England Merchants Bank
Mr Zehner requested the Board to sign the certification that Bond
the bonds are in the amount of $765,000 Certification
Upon motion duly made and seconded, it was voted to sign the
certification that the bonds are in the amount of $765,000 and were
issued pursuant to the statutes and votes of the Town, and that ro
other debt has been incurred except those for bond anticipation
loans
Mr Zehner said that all but one of the nine parcels have been
acquired, and we have a purchasing sale agreement for that one
Mrs Joyce Hals, Chairman of the Transportation Advisory Commit- Share-a-Cab
tee met with the Board She introduced Mr Avanucci, team member
of Massport
Mr Avanucci explained that the outbound program of Share-a-Cab
is already in effect with service from Logan Airport to communities
They are now in the process of negotiating with Cab Companies for
inbound service but this is more difficult to accomplish They Ere
talking about having pick-up points and to have a small additionEl
charge for door-to-door service They are going to push hard for
door-to-door service At the present time, they are asking town: to
endorse the service program but to make sure their regulations allow
442
Selectmen's Meeting May 10, 1977
this sort of thing "In Lexington, we feelwe are pretty good " The
easiest way is to have one flat fare in and out for Lexington; right
now, the Cab Co will take people for $11 00, and the $8 50 isn't
much of a break
Mrs Battin said that there is really nothing the Board has to
do to facilitate the outbound service as it is now coming to Lexing-
ton
Mr Avanucci replied that the outbound service is now operating
to Lexington
Mrs Battin said that the Board had referred it to the Transpor-
tation Advisory Committee for recommendations
Mrs Hals said that, principally, we agree but we still think
that some policy guidelines are necessary before it starts up (1)
We wonder what would happen to a person who calls Share-a-Cab and
no one else is available Would they have to pay full fare? The
Lexington regulations leave the fare up to the Cab Company, and we
feel that the rates ought to be firmed up (2) How many hours
notice in advance would be needed before being told that they can't
find a match for you? And if the Cab Co would be brought into the
planning process on their ideas of what system would work best That
basically, is what we thought, and if you would want us to meet with
the Cab Co to get their ideas
Mrs Battin agreed, and suggested they put down all of the issues
we want addressed.
Mr Avanucci asked if the Town can exert any pressure to come to
some understanding He had found that everyone seemed to have their
own ideas, and he expected more of a problem with different companies
in the suburbs He added that if they do not get any cooperation,
and they don't want to do it, but Massport will consider letting a
Boston Company provide service as it is completely legal We would
like not to do that In the final negotiations, they will mention
that that is their option We feel that the public is well served
by Share-a-Cab service, and that is the important thing In a sense,
it really opens up a big market for the Cab Companies that they don't
have now Most people have said that existing cab riders won't go
for this but we believe it will open up a new market and make it
financially attractive for the industry
Mrs Miley commented that 10 or 15 years ago, it cost $8 00 and
for it to be only $8 50 now seems incredible
Mr Busa said that now it would cost $34 00 for a family of four
to come out from Logan, and he had paid $18 00
Mr Avanucci said that he would have the option of taking a regu-
lar cab
Mr Busa asked if it would still be possible for him to call a
Lexington Cab to pick him up for a special flight?
Mrs Battin replied that he could, as he wouldn't have to use
Share-a-Cab
Mrs Hals added that this is for the person who doesn't want to pay
a full cab fare
443
Selectmen's Meeting May 10, 1977
Upon motion duly made and seconded, it was voted to request the
Transportation Advisory Committee to proceed to explore the matter
with the Lexington Cab Company
Mrs Hals mentioned that the Committee will soon come to the
Board on the Bedford Street traffic situation, and she and Mr
Avanucci retired from the meeting
Mr William Page and Ms Frayda Cooper of the Lexington Forum Forum on
on Aging met with the Board to request endorsement of a formal Aging
proposal to the National Science Foundation from the Board of
Selectmen, which must be submitted by May 15, 1977
Upon motion duly made and seconded, it was voted to authorize
Mr Hutchinson, Town Manager, to review and sign the resolution to
be submitted to the National Science Foundation
Mr McSweeney came into the meeting at 7.16 p.m
Vice Chairman Battin requested the Board to establish the charge Temperary
to the Sewer Advisory Committee, which had recently been appointed Sewer Comm
Copies of a draft, written by Mr Bailey, had previously been sub-
mitted for the Board's consideration The Committee had been
appointed as a result of a letter signed by citizens recommending
that a permanent committee be set up but it was the Board's decision
to have a temporary sewer committee Mrs Battin asked for comments
Mr Bailey said that he had tried to set down everything he could
think of within the scope but he felt that the committee could talk
about anything they want to
Mrs Battin agreed
Upon motion duly made and seconded, it was voted to establish the
charge to the temporary Sewer Advisory Committee and to forward it to
members as soon as possible
The temporary Sewer Advisory Committee is being formed by the
Board of Selectmen to counsel the Board on policy matters relating
to the extension and maintenance of the sanitary sewer system in
Lexington In order for the deliberations of the Committee to be
of value to the Board, a report should be submitted by September 15,
1977 The principal reason for the establishment of the committee
is the recurring annual dilemma of the increasing unit costs of
sewer laterals and trunks as Lexington reaches the point of nearly
complete sewer coverage The closer we get to complete coverage,
the more difficult the physical task of installation becomes per
dwelling serviced
The report of the Committee should include, but not necessarily
be limited to, discussion of the following
1 What is a reasonable overall objective for the Town
relative to "100% severing"?
2 What alternatives to the present collector system are
available and practicable?
444
Selectmen's Meeting May 10, 1977
3 What procedures should be followedto establish need
and/or desire for severing (or an alternative)?
4 Can the betterment formula be revised to the benefit
of the Town while maintaining reasonable equity with
the abutters?
5 What are the relative dollar costs (installation and
long-term service and maintenance) of the conventional
collector system and any viable alternatives? Are
there substantial differences in overall impact on the
Town or the neighborhood?
Request for technical/informational support from Town Agen-
cies should be directed to Mr John J McSweeney, Director, Public
Works/Engineering; Mr George A Smith, Director, Public Health or
Mr Robert M Hutchinson, Jr , Town Manager as appropriate
It is the intention of the Board that the Committee be dissolved
as soon as the Board feels confident that policies can be promul-
gated to cope with the remainder of the sewering of the Town on a
basis acceptable to the Board and to the Town Meeting
Later on in the meeting, the Board accepted Mrs Joan Crothers'
suggestion that Mr John Harvell be asked to convene the first
meeting of the Sewer Advisory Committee
State Land The Board discussed a letter from the Executive Office of Trans-
Route 3/128 portation and Construction, Department of Public Works, for recom-
mendations of the Board to assist them in determining the best disposi-
tion of approximately 11 acres of land in Lexington which was ac-
quired for the relocation of Route 3 south of Route 128
In response to the Board's request for comments, the Planning
Board recommended acquisition for park purposes The Conservation
Commission advised that this land would add measurably to the
recreational potential of the area In addition, this parcel
presently provides a buffer between the residential areas in Lex-
ington and the commercial developments and attendant traffic in
adjacent Burlington A portion of the acreage to be abandoned is
wetlands and is traversed by the Vine Brook as it flows northeast
into Burlington Also, if the current trend on municipal water
supply continues, Lexington will have to augment the overtaxed MDC
system, and sites such as this land could very well provide a
potential well site, as indicated by soils and ground water observa-
tions
During the discussion, Mr Busa recommended that water be added
to the land use for recreation, parks and conservation
The Board agreed to request Town Counsel to compose a reply to
the State DPW stating Lexington's interest in the acquisition of the
11 acres of land located at Route 3 in Lexington, and to include land
use purposes
Vice Chairman Battin read a letter from the School Committee
44.x.
Selectmen's Meeting May 10, 1977
informingthe Board of the appointment ofMr Otis S Brown, Jr as School Site
PP
the representative of the School Committee on the School Site Con- Committee -
version Committee School Comm.
The membership of the Committee is now complete Representative
Mr Cohen requested the Board to sign the taking of easements Temporary
Upon motion duly made and seconded, it was voted to sign the Easement
order of taking for temporary sidewalk easements on Massachusetts Sidewalks
Avenue between Clarke and Muzzey Streets Mass Ave
Upon motion duly made and seconded, it was voted to approve the Minutes
minutes of Selectmen's meetings held on April 11 and April 25, 1977
Vice Chairman Battin requested the Board to sign the orders of Streets
acceptance of streets, and the discontinuance of two streets, as
approved by Town Meeting
Upon motion duly made and seconded, it was voted to sign the
orders of acceptance, and the discontinuance, of the following
streets approved at the 1977 Annual Town Meeting
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 Brook Road
Lois Lane - From Bedford Street a distance of 950 feet, more or less,
to end
DISCONTINUED STREETS
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
As agreed on May 2, Vice Chairman Battin requested the Board to Lannom
sign the citation for Mr Allen Lannom Citation
Upon motion duly made and seconded, it was voted to sign the
citation for Mr Allen Lannom in appreciation for his influence and
direction, since 1951, of the Lexington Choral Society
Mr Miley is to present it at the concern on Saturday, May 14,
and Mrs Battin is to present it to Mr Lannom on Sunday, May 15
Vice Chairman Battin read an annual request from the V F W V F W
Upon motion duly made and seconded, it was voted to grant per- Permit
mission to the V F W Lexington Post #3007 to accept donations for
Buddy Poppies throughout the Town on May 12, 13, 14, 1977
446
Selectmen's Meeting May 10, 1977
The Boardamendmentsrules and
Liquor - discussed to the regulations cov-
Motels & ering Clubs and, also, Motels and Restaurants
Restaurants Upon motion duly made and seconded, it was voted to amend the
current hours for Monday through Thursday - 11 00 a.m to 11 00 p.m ;
Sunday - 1 00 p m to 11 00 p.m under Club liquor licenses to the
following hours of operation
Monday through Saturday - 11 00 a.m to 12 00 Midnight
Sunday - 12 00 Noon to 11 00 p m
Upon motion duly made and seconded, it was voted to amend the
current hours for Monday through Saturday - 11 00 a.m to 11 00
p.m ; Sunday - 1 00 p m to 11 00 p.m under Motels and Restaurants
liquor licenses to the following hours of operation
Monday through Saturday - 11 00 a.m to 12 00 Midnight,
Sunday - 11 00 a.m to 11 00 p.m
Lex Golf Vice Chairman Battin read a request from the Lexington Golf Club
Club - Hours to extend the hours of operation on Sundays from the current 1 00
p.m. opening to 12 00 Noon
Upon motion duly made and seconded, it was voted to extend the
hours of operation under the Lexington Golf Club's Club liquor li-
cense to an opening on Sundays at 12 00 Noon (Sunday hours are now
1 00 p.m _ 10 00 p.m )
1-Day Vice Chairman Battin read a request for a one-day liquor license
License Upon motion duly made and seconded, it was voted to sign the
special one-day liquor license for W R Grace on May 18, 1977, ex-
piring 12 00 Midnight
Special Vice Chairman Battin requested the Board to approve the award
Elections of the contract for printing Town Warrants for two special elections
Warrants Telephone quotations had been received as follows June 13, 1977 -
9500 copies - Lexington Press-$236 00; Maran Printing Service-$250 00
June 21, 1977 - 6500 copies - Lexington Press-$182 00, Maran Printing-
$218 00
Upon motion duly made and seconded, it was voted to award the
contracts for printing Town Warrants to Lexington Press, Inc at
$236 00 for June 13, 1977 special election of a member of the Board
of Selectmen; $182 00 for June 21, 1977 special election of a State
Senator representing Precincts 4, 6, 7, 8, and 9
D P W Mr Hutchinson informed the Board that four bids were received
Cater- for the purchase of one Crawler Loader for the Public Works Depart-
pillar ment The low bidder was Wrentham Equipment Co , Inc of Norfolk
on a John Deere at $40,951; Witt-Armstrong Equipment Co , Hopkinton
bid $48,995 on a Caterpillar The low bidder did not meet the
specifications and the recommendation is to award the contract to
Witt-Armstrong at $8,995 He commented that the Caterpillar is a
much better piece of equipment and, with prompt delivery, it will
447
Selectmen's Meeting May 10, 1977
be fullyutilized because of -
the results of the storm and the prop
lems at the landfill
Upon motion duly made and seconded, it was voted to endorse ,he
recommendation of the Town Manager to purchase a Caterpillar from
Witt-Armstrong Equipment Co at $48,995
Mr Hutchinson recommended that the Board approve the award if Garbage
a garbage contract to Rocketenetz in the amount of $76,000 for on. Contract
year commending July 1, 1977 to June 30, 1978 Contoni Trucking
Corp of Peadbody bid $74,000 for a 3-year contract, however, they
submitted no bid for one year, which we feel is all that is war-
ranted at this time as we may want to recommend alternate methods
of collecting garbage in the next budget
Upon motion duly made and seconded, it was voted to approve
the award of a garbage contract to Stanley Roketenetz, Inc , Wobu^n,
in the amount of $76,000 for one year commencing July 1, 1977 to
June 30, 1978
Mr Hutchinson informed the Board that there have been appro-di- Summer
mately 250 applications for ten summer jobs and many people will 3e Employment
disappointed by the selection process
Mr Hutchinson recommended that the Board approve a change i.i Vacation
the vacation policy to allow salaried employees to have three weeks Policy
vacation after five years of service, and four weeks vacation after
13 years of service Also, to recognize Martin Luther King Day,
January 15, as a holiday
Upon motion duly made and seconded, it was voted to approve ;he
change in the vacation policy to allow salaried employees to have
three weeks vacation after five years of service, and four weeks
vacation after thirteen years of service Also, to recognize Mar-in
Luther King Day, January 15, as a holiday
Mr Hutchinson informed the Board that the Firefighter exami:ia- Firefighters
tion will be conducted on June 13, 1977 at 10 00 a.m in the Diamond Examination
Junior High School Cafeteria He also commented that it is antici-
pated that there will be two to four vacancies in the Fire Department
based upon retirements and resignations
Mr Hutchinson gave a status report on yesterday's severe snow- Snowstorm -
storm which caused a tremendous amount of damages to trees and pe Tree Damage
sonal property, and the loss of power in most sections of the Tor Power Failure
All Town crews and Boston Edison crews are in action to restore ser-
vice as soon as possible When on a tour of the Town, he had noticed
many inexperienced people working on trees with axes and power saws,
and he had called the newspaper to publicly caution against this is
he feared that there would be many accidents
Vice Chairman Battin asked if the Town would, as Arlington i3
now doing, pick up tree branches if people put them at the side or
the road?
4148
Selectmen's Meeting May 10, 1977
Mr Hutchinson replied that, already, many people have been
helping out by cleaning up and bringing them to the landfill but,
as a practical matter, he would not encourage putting them at the
roadside because of the hazards involved
Mrs Miley said that there is one item she has been concerned
about for a long time, and she is now recommending that the Town
provide a place at the dump for people to pick up pieces of wood
and trees for their own use It could be made available at some
specific spot and perhaps cut up to some extent; perhaps people
could cut it up themselves Other communities provide this for
citizens to make use of the trees that come down
Mr Hutchinson said that his experience has been that when
the trees come down, they are pretty well gone, but it's possible
that is not true of all the trees
Mr McSweeney said that when the new landfill regulations are
adopted, all the wood will be cut to 1+ ft lengths, and we will
work with private contractors and homeowners so they will be able
to go to one large area at the landfill
Mr Hutchinson agreed to review it He publicly announced
that if people need shelter or assistance, calls could be made to
the Police Department or the Town Hall as we are prepared to take
care of them
Morrow Mr Cohen informed the Board that the Morrow easement along
Easement- the Vine Brook had been signed by all appropriate parties, and he
Vine Brook will record it
Upon motion duly made and seconded, it was voted to adjourn
at 7 46 p.m
A true record, Attest
Executive Clerk, Select
449
SPECIAL
SELECTMEN'S MEETING
May 13, 1977
A special meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Friday, May 13, 1977, at
4 15 p.m Vice Chairman Battin, Mr Busa, Mrs Miley, Mr Hutchinson,
Town Manager, and Mrs McCurdy, Executive Clerk, were present
Vice Chairman Battin requested the Board to sign the Warrent Warrant -
for June 13, 1977 Selectmen's
Upon motion duly made and seconded, it was voted to sign the Election
Warrant for the Special Election to be held on Monday, June 13, 1977,
to fill a vacancy existing on the Board of Selectmen
Mr Hutchinson discussed the Hartwell Avenue Sanitary Landfi_l Landfill
and advised the Board that he will meet with Frank Sandy and the
Citizens' Advisory Landfill Committee before the Selectmen's meet_ng
on May 16 in order to discuss the problems of the landfill and to
refer the matter to them
The Board agreed
Mr Hutchinson added that he will request the Board to adopt
111 the new regulations for the landfill on May 16 He will recommend
that we shut down the operation one day a week, perhaps Wednesdays,
in order to have more time to work on proper maintenance; the volume
of activity now prohibits us from doing as good a job as we might
Fees could be studied separately and a later report submitted
The Board agreed to discuss the landfill regulations on May _6
Upon motion duly made and seconded, it was voted to adjourn
at 4 28 p.m
A true record, Attest
Executive Clerk, Selectmen
„y
450
SELECTMEN'S MEE'1'ING
May 16, 1977 1
A regular meeting of the Board of Selectmen was held in the
Selectmen's Meeting Room, Town Office Building, on Monday, May 16,
1977, at 7 30 p.m Vice Chairman Battin, Mr Busa, and Mrs Miley;
Mr Hutchinson, Town Manager; Mrs McCurdy, Executive Clerk, were
present
Storm - Mr Hutchinson discussed the aftermath of last week's storm
Clean-Up and what do do about the accumulation of brush already left at the
roadsides; also, the numerous calls received from citizens ques-
tioning if the Town will pick up the brush if they put it out at
the roadside He explained that D P W forces had been working
all week on Town property and, on Saturday, the National Guard had
joined with them in a combined effort to clean up many sections
He publicly asked that all citizens cooperate by taking debris to
the landfill or to make arrangements for a contractor to do it
Mrs Battin recommended that the elderly and hardship cases
be taken care of She suggested that service clubs, boy scouts,
etc organize a project, and perhaps Town Meeting Members might
ask for the assistance of neighborhood block groups to pick up the
brush, with Town trucks being made available to them
Mr Hutchinson pointed out the lack of overtime funds
Mr Busa raised an objection by saying that first the people
are told to take the brush to the dump, and now you say that
groups are encouraged to organize and pick it up People will go
into their backyards and bring everything out
Mr Hutchinson agreed with Mr Busa's point
Mrs Battin suggested that Town Meeting Members might ask
that it be done in neighborhood block groups using private vehicles
Mr Busa agreed and said that this is the old Lexington way of
doing it
Litter Later on in the meeting, Vice Chairman Battin read a letter
Olympics from Ms Evelyn F Murphy, Secretary of the Environmental Affairs,
Clean-up requesting the Town's support of the Governor's "Litter Olympics"
Week by declaring the week of May 21-28 as "Litter Olympics Weeks" for
an environmental cleanup program The Town is asked to encourage
all elementary, high school and college students, environmental and
civic groups to participate in the program
The Board agreed to publicize Litter Olympics Week of May 21-28
and to encourage citizen participation with their own vehicles
From the audience, Mr Herbert Grossimon expressed his con-
fusion as to whether the Town would or would not pick up at private
property
Mr Hutchinson explained that the Town will pick up brush from
its trees, but private residents are responsible for their own trees
and their collection and disposal at the landfill or some other source
451
Selectmen's Meeting May 16 1977
However, people have alreadypiledthe side of the road and we
p p it at
are saying that if they continue to do this, we will eventually get
to cleaning it up but we cannot say when
Mr Hutchinson discussed the sanitary landfill and said that we Sanitary
have received a rather serious report from the State Department o Landfill
Environmental Quality Engineering indicating violations by the Toim
at the landfill This has been given high priority as we are con-
cerned about the landfill operation being allowed to continue, and
we are preparing a response He and representatives of the Board
and Town administration have to appear at a hearing scheduled on
June 6th To tie into this, he reported that we have men at the
landfill and have started to cover slopes, and we have appropriated
money for a Caterpillar Officials will be meeting with him this
week and they will discuss means of extending the life until an
ultimate solution is reached
We feel that it is important that the regulations be updated Landfill
and we recommend that the landfill be closed one day a week, per- Regulations
haps on Wednesdays, on a permanent basis Changes would call for
a six day week in the winter and five days in the summer with the
Sunday closing All logs and brush are to be separated before coiling
to the landfill We do plan on putting our own chipper at the land-
fill We have also added one holiday closing, Martin Luther King
day Mr Hutchinson informed the Board that he had met with the
citizens' committee on the landfill, and they agreed to shutting
down on one day
The Board agreed to closing the landfill permanently on Wednes-
days
Mrs Battin said we are informing the people that, although 'Lt
is a hardship to close on Wednesdays, it is better than having the
landfill closed permanently
Mr Busa moved that Sections 1 through 9 of the amended regiiLa-
tions be adopted, with the understanding that the Town Manager se-
the effective date for closing on Wednesdays
Mrs Miley asked that the record show that, later on, we will
not only talk about fees and permits but how much we can possibly
take from the hard users of the dump She seconded the motion
Upon motion duly made and seconded, it was voted to approve and.
adopt Sections 1 through 9 of the amended rules and regulations gov-
erning the operation of the Hartwell Avenue Sanitary Landfill, with
the understanding that Section 10-Permits and contractors using the
landfill for excessive amounts of demolition materials would be dis-
cussed at a later date
RULES AND REGULATIONS GOVERNING OPERATION OF
HARTWELL AVENUE SANITARY LANDFILL
Adopted on May 16, 1977
Pursuant to the power conferred on the Board of Selectmen by the Gen-
452
Selectmen's Meeting May 16, 1977
eral By-Laws of the Town, and every power in any way enabling them,
the Board of Selectmen of the Town of Lexington hereby adopts the
following rules and regulations governing the operation of the Sani-
tary Landfill situated on Hartwell Avenue in Lexington
1 The landfill shall be open from 8 00 a.m to 5 00 p m.
on Tuesdays, Thursdays and Saturdays, and from 8 00 a.m.
to 7 00 p.m. on Mondays and Fridays from the beginning
of Eastern Daylight Savings Time to SepLember 30th
The landfill will be closed nn Sundays, beginning the
third Sunday in June, until Labor Day, and on Wednesdays
beginning June 1, 1977
For the remainder of the year, the landfill will be open
on Monday, Tuesday, Thursday, Friday, Saturday, and Sun-
day from 8 00 a.m to 5 00 p.m
The placing or depositing of any material in or about the
landfill, except during aforesaid hours, is prohibited
No person, unless expressly authorized by the Director
of Public Works, is permitted within the landfill during
the hours that it is closed
COMMERCIAL COLLECTION VEHICLES WILT, NOT BE ALLOWED TO
DUMP AFTER 4 00 P.M
2 The lighting of any fire in the landfill, or the placing
of any combustible material on any fire that may be burn-
ing in the landfill, is expressly prohibited, except that
the burii.xg of diseased elms, under the supervision of the
Director of Public Works, and within the scope of Chapter
111 of the General Laws and its related acts, is permitted
3 Material is to be placed or deposited in accordance with
any directions that may be given by the person in charge
at the Sanitary Landfill, and no material is to be placed
or deposited by any person in any portion of the landfill
that may be-marked with signs indicating that dumping in
those areas is not permitted
a Other Materials - Tires, appliances, and scrap metal
must be placed in designated areas
4 No garbage, offal or offensive material shall be placed or
deposited in or about the sanitary landfill
5 Brush - Homeowners who take brush into the landfill in
private cars, or private cars with trailers, must tie the
brush in bundles not exceeding 3' x 3' x 9' , and must neatly
stack it in the designated area Metal bands or wire may
not be used for tying Brush will be chipped bi-weekly by
the Town All truckers and commercial brush haulers must
chip brush before delivery to the landfill Chips must be
dumped in the designated area
a Trees and Logs - Trees and logs must be cut into lengths
not longer than 4' These must be placed in the desig-
nated area
4'53
Selectmen's Meeting May 16, 1977
Authority for Above
The Commonwealth of Massachusetts Regulations for the Disposal of
Solid Wastes by Sanitary Landfill, adopted under the provisions of
Section 150A, Chapter 111, General Laws, as inserted by Chapter 83?
of the Acts of 1970, effective dated April 27, 1971
Regulation 17 Disposal of Bulky Waste
17 2 If brush is accepted at the sanitary landfill, it shall be
chipped prior to placement in the active working area of the facility
Brush received at the site shall be chipped within two weeks after
deposition
6 The landfill is maintained for the deposit of ashes, cin-
ders, papers and other rubbish and refuse originating with-
in the Town of Lexington, and the dumping or depositing
therein of any material originating outside of the Town
of Lexington is prohibited
7 Contractors applying for permits to dump excessive amounts
of demolition materials shall supply cover, on a load for
load basis, and a machine to handle these materials All
sites or areas are subject to inspection before a permit
is issued.
8 Picking the sanitary landfill, or removing from the sani-
tary landfill, any material that has been placed or deposited
therein is prohibited
9 The Sanitary Landfill shall be closed on the following days
New Year's Day, Martin Luther King Day, Independence Day,
Labor Day, Washington's Birthday, Eastern Sunday, Patriot's
Day, Memorial Day, Columbus Day, Veteran's Day, Thanksgiving
Day, and Christmas Day
The Penalty for violation of these rules and regulations is a finE not
exceeding $20 00 for each offense
Mr Hutchinson reported to the Board that a meeting had been held Bedford Water
with the State Water Pollution Control Division and with Bedford & Sewers
Officials Bedford had sent us correspondence regarding their $lf
million sewer program, and we have mutual problems At a future time,
officials of both towns will get together to discuss the matter We
would support Bedford but first our inflow-infiltration study has to
be done and we have to determine the impact on our water supply The
Metropolitan District Commission, Lexington and Bedford are all in-
volved, and people have to understand that a solution is not going; to
happen overnight Bedford hopes the program will go forward but there
is also the process of getting legislation and studies have to be done
Vice Chairman Battin asked if the Sewer Advisory Committee would
be advised and become involved
Mr Hutchinson agreed to give information to the committee
In response to Mrs Battin's request for comments, Mr Frank
Sandy stated that he was very happy with the way the Town Manager has
been getting things straightened out
Y5.4
Selectmen's Meeting May 16, 1977
Appointments Mr Hutchinson informed the Board that appointments to the Coun-
Process - cil on Aging are to be made within the next three weeks He recom-
Council on mended that interested people contact him, and some thoughtful ap-
Aging proach would be designed for selecting those who would be best suited
The Board agreed
HUD Rejection Mr Hutchinson informed the Board that the Town had been turned
Garfield St down on our pre-application for community development money for hous-
ing on Garfield Street We were told that our proposal did not
score well in competitive rating with other activities and programs
and, therefore, we were not invited to submit a full application for
discretionary funding in this fiscal year
Transfer Mr Hutchinson recommended approval of the Board on requests for
Requests transfers
Upon motion duly made and seconded, it was voted to request the
Acct #1900 approval of the Appropriation Committee for a transfer from the
Selectmen's Reserve Fund to Account #1900-Selectmen's Elections to cover the cost
Elections of three special elections on May 24, June 13 and June 21, 1977
Acct #1125 Mr Hutchinson requested approval of an additional $1,000 trans-
Police & Fire fer to Account #1125-Police and Fire Medical On March 30, 1977, the
Medical Board had approved a request for $6,000, and it was necessary to come
back again because of increased medical bills
Upon motion duly made and seconded, it was voted to request ap-
proval of the Appropriation Committee for a transfer of $1,000 to
Account #1125-Police and Fire Medical, in addition to the $6,000 't
previously requested on March 30, 1977 11
Transfer- Mr Hutchinson informed the Board that the $6,000 transfer re-
Acct #7200- quest for Account #7200-Veterans Benefits has been amended to $4,000
Veterans Upon motion duly made and seconded, it was voted to request
approval of the Appropriation Committee for a transfer from the
Reserve Fund to Account #7200 in the amount of $4,000
Liquor Vice Chairman Battin read an application from Peking Gardens
Peking for an All Alcoholic Beverages Common Victualler license to cover
Gardens their expanded premises
Upon motion duly made and seconded, it was voted to accept
the application from Lexington Enterprises, Inc , d/b/a Peking
Gardens for an All Alcoholic Beverages Common Victualler license
to cover the expansion of premises of 29-31 Waltham Street Public
hearing was set for June 6 at 8 00 p m in the Selectmen's Meeting
Room.
Tax Title The Board approved Mrs Miley's recommendation to table until
Moratorium May 23 the request from the Lexington Housing Authority to extend
the moratorium on the sale of Town-owned lots suitable for scattered
site and low and moderate income housing, pending review by Town
Counsel of all tax title lots In addition, Mrs Miley is to talk
with Interfaith regarding their possible interest in the lots
4�,)
Selectmen's Meeting May 16, 1977
Miss Nancy Abelmann Chairman, and Mrs Mary Anderson of the By-Law Youth
Youth Advisory Committee met with the Board. Commission
Vice Chairman Battin read a letter from Miss Abelmann, stating
that if the By-Law Youth Commission has not been formed by Septem-
ber, the Advisory Youth Commission is willing to select new members
and thus have a Youth Commission ready in September either for the
purpose of filling a void or to put themselves at the disposal of
the By-Law Commission
After a lengthy discussion, it was agreed that the Youth Ad-
visory Commission has been abolished by vote of the 1977 Annual
Town Meeting to establish a By-Law Youth Commission Any person
interested in becoming a student sub-committee member or adult mem-
ber of the By-Law Youth Commission should make application to the.
Town Manager When appointed, the By-Law Youth Commission may then
appoint the youth sub-committee
Vice Chairman Battin read a letter from Mrs Martha Lima request- Lima Request -
ing the installation of a guardrail at 40 Vaille Avenue because of Vaille Ave
damage being done in the wintertime by cars skidding over her lawn
A report from the Traffic Safety Committee stated that after
investigation by the committee it was agreed that the installation
of a guardrail fence was not warranted However, the committee
recommended that the Public Works Department be requested to install
a new drainage system in the area
Upon motion duly made and seconde, it was voted to approve the
recommendation of the Traffic Safety Committee that a guardrail was
not warranted at 40 Vaille Avenue It was agreed to request the
Public Works Department to investigate the possibility of installing
a new drainage system in the Vaille Avenue area
Vice Chairman Battin read a letter from Mr and Mrs Peter Dikeman,Dikeman
2295 Massachusetts Avenue, expressing their concerns about traffic Concord Hill
conditions in the area and, also, requesting that the Town consider Traffic & Trees
a beautification program by planting trees along Massachusetts Avenue
from Worthen Road to Route 128
A report from the Traffic Safety Committee stated that the
Concord Hill area is under constant surveillance bythe Police ur
De-
partment The committee had referred the beautification request to
the Public Works Department for review
Upon motion duly made and seconded, it was voted to approve the
recommendation of the Traffic Safety Committee concerning the
letter from Mr and Mrs Dikeman, and will await a recommendation
from the Public Works Department concerning beautification of the
Concord Hill area
Vice Chairman Battin read a request for a block party Permit
Upon motion duly made and seconded, it was voted to grant
permission to the Minuteman Associates Association for a block
456
Selectmen's Meeting May 16, 1977
June 2 from 12 00 noon to 00
111
party to be conducted on Saturday, 5, 9
p.m with a rain date of June 26, 1977
Water Vice Chairman Battin requested a vote of the Board on an abate-
Abatement went of a water bill
Upon motion duly made and seconded, it was voted to approve the
request of the Director of Public Works/Engineering for abatement
of a water bill for 9 Circle Road in the amount of $11 25 due to a
bookkeeping error
Permit Vice Chairman Battin read a request for a bake sale
Upon motion duly made and seconded, it was voted to grant per-
mission to the Pilgrim Congregational Church to use the Visitors'
Center lawn for a colonial bake sale on June 9 from 10 00 a m. to
2 00 p.m , with a rain date of June 10, 1977
Upon motion duly made and seconded,it was voted to adjourn at
835pm.
A true record, Attest
J114. Executive Clerk, Selectmen
P,
404
SELECTMEN'S MEETING
May 23, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, May 23, 1977, at
7 30 p.m. Vice Chairman Battin, Mr Bailey, Mr Busa, and Mrs Miley;
Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel, Mrs McCurdy,
Executive Clerk were present
At the request of the Town Clerk, the following jurors were Jurors
drawn
Ralph E Longobardi 10 Utica Street
Sara S Cook 9 Sunny Knoll Avenue
Mary E Devoe 14 Winthrop Road
Charles B Robinson 22 Fairbanks Road
Robert Ansell 12 Peacock Farm Road
Steven E Cox 64 Garfield Street
Mr Richard John, Senior Guide, introduced James Lyons, candi- Guides
date for appointment as an official guide, and recommended the re-
appointment of nine guides Mr John explained that due to the
illness of Rev Handley, Director of Guides, only one applicant has
passed his examination He offered his services in administering
the examinations to other applicants and suggested that he might
have to enlist the assistance of one or two other senior guides
The Board expressed appreciation to Mr John for his willing-
ness to take over during Rev Handley's absence
Upon motion duly made and seconded, it was voted to authorize
Mr Richard John, Senior Guide, to assume the responsibility during
the absence of the Director of Guides and to administer the examina-
tion to applicants to make recommendations to the Board of Selectmen
regarding appointments and reappointment of Official Guides
Vice Chairman Battin welcomed James Lyons and congratulated him
and the other guides upon their appointment Because of their im-
portance as Official Guides, she pointed out that many times they
are the first contact that tourists may have with the Town of Lexington
Upon motion duly made and seconded it was voted to appoint James
Lyons, 12 Chase Avenue, and to reappoint the following as Official
Guides of the Town of Lexington
Ann Carroll 8 Peacock Farm Road
Richard Gerrig 44 Eldred Street
Richard John 19 Saddle Club Road
Claudia Sauermann 14 Russell Road
Jeffrey Spencer 32 Hancock Street
Richard Sutton 337 Winthrop Road
Peter Miller 46 Eldred Street
Frederick Hagedorn 17 Fiske Road
458
Selectmen's Meeting May 23, 1977
Planning Vice Chairman Battin read a letter from Mr Hayg Boyadjian
Board - and copies of petitions to the Planning Board from residents of
Alexander the Fern Street area requesting the Planning Board not to approve
Estates the proposed Alexander Estates subdivision because of the traffic
Subdivision hazards involved The residents felt that Fern Street is dangerous
and unsafe in its present condition and the Planning Board has not
asked the opinion and advice of the Traffic Safety Commission and
the Street and Sidewalk Design Advisory Committee
Mrs Battin advised that a decision on a subdivision is made
by the Planning Board and not the Board of Selectmen She and the
Town Manager had discussed it and the only thing the Selectmen
could do about it would be to make available to the Planning Board
the advice of our two technical committees, the Traffic Safety
Committee and the Street and Sidewalk Design Advisory Committee
After discussion, the Board agreed to write to the Planning
Board
Upon motion duly made and seconded, it was voted that a letter
be written to the Planning Board offering a suggestion that, if
requested, the technical expertise of the Traffic Safety Committee
and the Street and Sidewalk Advisory Committee could be made avail-
able to the Planning Board concerning the impact on the area on the
proposed Alexander Estates subdivision
Mr Boyagjian was present at the meeting and said that the
Planning Board is only dealing with the subdivision and not with
what happend in the future He asked who is responsible for the
problems that develop because of the subdivision?
Vice Chairman Battin replied that Mr Bailey has pointed out
that traffic problems and roads are the Selectmen's responsibilities
Mr Baileysaidthat if the request comes to us, we would ask
our technical advisory committees for a solution and, if funding
is required, we would have to go to Town meeting for funds to do
whatever is required It is after the fact that the problems seem
to be ours
Mr Hutchinson said that he had attended the Planning Board
hearing and it is entirely feasible that the Traffic Safety Committee
could say that they agree that the roads and walks are substandard
The Planning Board, in its legal function, could allow the subdivi-
sion to go in There are a number of legal ramifications which the
Planning Board members are sensitive to However, they might have
no choice but to allow a bad situation to compound itself
Mr Boyadjian retired from the meeting
Traffic Vice Chairman Battin read a report from the Traffic Safety Com-
Signals- mittee stating that notification has been received from the State
Waltham & Department of Public Works that our application for funds for the
Worthen Rd traffic signals at the intersection of Waltham Street and Worthen
Road had been denied However, $25,000 had been approved by the
1976 Town Meeting for the installation, and it is recommended that
49
Selectmen's Meeting May 23, 1977
the contract be let out
Upon motion duly made and seconded, it was voted to approve
the recommendation of the Traffic Safety Committee to let the con-
tract for the installation of traffic signals at the intersection
of Waltham Street and Worthen Road
Vice Chairman Battin read a report from the Director of Public Curbing-
Works/Engineering recommending that the request from Mrs Mary H Mass Ave
Green, 2195 Massachusetts Avenue, for the installation of curbing
on Massachusetts Avenue from Cedar Street to Lake Street be con-
sidered in the next budget process
Upon motion duly made and seconded, it was voted to approve
the recommendation to include the installation of curbing and
reconstruction of the sidewalk on Massachusetts Avenue from Cedar
Street to Lake Street in the FY 79 budget process
Vice Chairman Battin read an annual request from the State De- Permit
partment of Mental Health, Region III, for permission to use the Park Drive
turning circle at the end of Park Drive
Upon motion duly made and seconded, it was voted to grant per-
mission to the State Department of Mental Health, Region III, to
use the turning circle at the end of Park Drive for pony rides from
10 30 a m. to 12 00 Noon on June 7, 1977
Vice Chairman Battin read a request for the use of Buckman Permit-
Tavern grounds Buckman Tavern
Upon motion duly made and seconded, it was voted to approve Grounds
the request of the Lexington Field and Garden Club for the use of
the Buckman Tavern grounds for the annual plant sale on Wednesday,
June 1, from 10 00 a.m to 12 00 Noon
Mr Busa discussed the hearing held on May 18, 1977 on the dog Rosenthal
owned by Mrs Marilyn Rosenthal of 126 Grant Street The owner did Dog Hearing
not attend the hearing but three of the complainants were present
and, although they were sympathetic because the dog is handicapped,
their sympathy ceases when the barking continues throughout the early
evening and sometimes during the early morning hours when the dog
is let out The nuisance is not as bad during the day when people
are busy at home or at work It is recommended that the Selectmen
write to the owner and request that she restrain the dog after
9 00 p.m , equip the dog with a restraining collar, which Mr
Littleton, Animal Control Officer, has recommended at previous dog
hearings, and request that Mrs Rosenthal reimburse the Town for
the $16 00 kennel fee incurred when the dog was last picked up
During Mr Littleton's conversations with her, Mrs Rosenthal in-
dicated that she might be receptive to his suggestion that he find
a home for the dog
Upon motion duly made and seconded, it was voted to inform Mrs
Rosenthal of the following decision of the Board
46()
Selectmen's Meeting May 23, 1977
"Upon complaint wr ting in i to the Selectmen of the Town of
Lexington concerning a dog, "Cindy," owned and kept by you at
126 Grant Street, Lexington, the Selectmen have investigated such
complaint, including an examination on oath of the complainants
on May 18, 1977, and it is the finding of the Board of Selectmen
that we find just cause for the concerns expressed by the com-
plainants We, therefore, order that your dog is to be kept
under the following restraints
1 Restrain the dog after 9 00 p.m
2 Equip the dog with an anti-bark training collar
3 Impoundment fee of $16 00 owed to the Town of Lexington
must be paid
If the above conditions are not complied with within thirty
(30) days after receipt of this letter, we will request Mr
Littleton, Animal Control Officer, to find a new home for the dog "
Special Vice Chairman Battin requested the Board to sign the Warrant for
Election June 21, 1977
June 21 Upon motion duly made and seconded, it was voted to sign the
Warrant for the Special Election of a State Senator on Tuesday,
June 21, 1977
Memorial The Board agreed to accept the invitation from the Town Celebra-
Day tions Committee to participate in the parade and ceremony on the
Activities Green on Memorial Day, May 30, 1977, at 10 00 a.m. Vice Chairman
Battin will read the Proclamation at the ceremony
Minutes Upon motion duly made and seconded, it was voted to approve
the minutes of the Selectmen's meetings held on February 22, April 13,
and May 2, 1977
Sanitary Mr Hutchinson discussed the sanitary landfill and stated that
Landfill this is the most pressing item that the Town is dealing with A
hearing will be held on June 6 to show cause why the landfill
shouldn't be closed, and representatives of the Board of Selectmen,
administration, and citizens' committees will attend It cannot
be understated that the landfill is a very serious headache to the
Town and, hopefully, the State will work with us We have had an
extensive effort going on and, by closing on Wednesdays, we feel
that this will give us one day of maintenance, which we need We
are working on some things and we feel that those, plus our recycling
efforts, should generate some response to the positive efforts that
the Town is undertaking
Mr Bailey and Mrs Miley agreed to represent the Board at the
hearing on June 6 in Tewksbury
Housing Mr Temple Scanlon, Director of the Lexington Housing Authority,
Authority-HUD met with the Board to request approval of an application to HUD for
financial assistance for 85 dwelling units of low-rent public housing
461
Selectmen's Meeting May 23, 1977
in the Town of Lexington
Upon motion duly made and seconded, it was voted to authorize
the submission of an application by the Lexington Housing Authority
to the Secretary of Housing and Urban Development
1 That the Lexington Housing Authority hereby determines
that within its area of operation there is a need for
low-rent housing to meet needs not being adequately met
by private enterprise
2 That the Executive Director shall cause to be prepared
and the Chairman shall sign and send to the Secretary
of Housing and Urban Development an application for
financial assistance for
(a) Eighty-five (85) dwelling units of low-rent
public housing to be provided by new construc-
tion, or by acquisition, or by acquisition and
rehabilitation of existing housing
Upon motion duly made and seconded, it was voted to sign the
following resolution
1 That there exists in the Town of Lexington a need for such
111
low-rent housing which is not being met by private enter-
prise;
2 That the application of the Lexington Housing Authority
to the Government for a preliminary loan in an amount
not to exceed $17,000 for surveys and planning in connec-
tion with low-rent housing projects not to exceed approxi-
mately 85 dwelling units is hereby approved.
Upon motion duly made and seconded, it was voted to sign the
Co-operation Agreement between the Lexington Housing Authority and
the Town of Lexington to endeavor to secure a contract with the
Government for loans and annual contributions covering the project
of approximately 85 units of low-rent housing and to develop or
acquire and administer such project to be located with the corporate
limits of Lexington
Mr Scanlon informed the Board that he had recently met with
the HUD Chairman and there is the possibility of getting another
funding On the application which is now being filed, he had re-
ceived a telephone call from Congressman Tsongas' office offering
whatever assistance is needed HUD had informed Congressman Tsongas
that Lexington had a very high rating and they are pleased with our
past performances Mr Scanlon thanked the Board of Selectmen and
Town Meeting members for their support throughout the years
The Board discussed the Lexington Housing Authority's request Tax Tittle
to extend the moratorium to May 31, 1978 on the sale of Town-owned Moratorium
462
Selectmen's Meeting May 23, 1977
lots included on the list of the Lexington Housing Authority and
the Planning Board as being suitable for scattered sites and mod-
erate income housing
Mrs Miley said that after her discussion with Town Counsel,
she would move that the Housing Authority's request for an exten-
sion of the moratorium to May 31, 1978 on the sale of tax title
lots be approved, with the provision that other interested groups
with similar aims may be able to purchase such lots
Mr Busa objected as he felt that the moratorium should be
for the Housing Authority for one year certain and, after that,
if the Housing Authority does not wish to have the lots, it could
be opened up to other parties who are interested in purchasing them
Mrs Miley said that it is her feeling that there may be a
possibility that some group in town might somehow get some funding
that might not necessarily be there for the Housing Authority It
is unlikely that this will happen but would just leave the door
open in case it does
Mr Bailey asked if it was the intent of the motion that who-
ever gets there first with the same objective, which is to make
the parcels available for low or moderate income housing, should
have the opportunity to purchase the parcels first?
Mrs Battin said that her understanding of the motion is that
it is not necessarily who gets there first, but the option is that
the Selectmen still make the decision and, if another group come
in, we would probably in all fairness ask the Housing Authority
also This proposal would make it available to more groups
Mr Bailey replied, fine, because the moratorium is something
the Board could revoke at any time
Mrs Battin said that this gives us more chances of using it
if an appropriate group had the opportunity offered them if they
had the money
Mr Busa said that he hoped that if some other organization
believed they had funding that they would get together with the
Housing Authority
Mrs Battin stated that if they haven't talked with the Hous-
ing Authority before they come to us, we could mandate that they
converse with them before a decision is made by the Selectmen
Mr Bailey seconded Mrs Miley's motion
Mr Scanlon questioned the motion as he believed that the
enabling Town Meeting motion provided that the lots would be
conveyed to the Housing Authority at less than market value
He didn't know if they would be conveyed another agency at less
or fair market price
Mr Cohen read from the motion, " conveyed to any other
person or corporation approved by the Housing Authority " He
thought that it could mean to any other public agency or non-
profit organization
It was mutually agreed that the request would have to be
approved by the Lexington Housing Authority
�
b:3
Selectmen's Meeting May 23, 1977
Mrs Miley added that if the intent of the motion is that the
Selectmen are the ones that will make the decision on whether to
sell the tax title lots, so it is dependent upon the Selectmen's
vote
Upon motion duly made and seconded, it was voted to extend
the moratorium to May 31, 1978 on the sale of Town-owned lots,
with the provision that other interested groups with similar aims
may be able to purchase such lots
This moratorium applies to 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 It is
still the policy of the Board that other lots are eligible to be
sold on an individual merit basis and, when requests are received,
Town agencies will be contacted for recommendations before a de-
cision is made by the Board
The Lexington Housing Authority retired from the meeting
Mr Hutchinson discussed water system problems The Town of Bedford-
Bedford has a continuing water problem which ties in with the Burlington-
sewer problems Lexington has; even the landfill ties into the Lexington
Town of Burlington water problem Bedford is making efforts but Water
is in a rather difficult situation As the Selectmen know, they
had given authorization to sell water to Bedford on a temporary
basis but they will be back again with a formal request at a later
time The multitude of problems are also tied in with the MDC
We are trying to be good neighbors by helping them out but Bedford
must continue to work towards their own solutions as we cannot
afford to compromise the Lexington water system, and the major
capital effort that the Town of Lexington has put into its own
system Bedford is empathic and is working with the MDC and on
expanding their own system but they are also having some problems
on well expansion A meeting is being set up for Boards of
Selectmen to meet and discuss a mutual approach and to work to-
gether in a cooperative spirit
The Board agreed to attend the joint meeting with the Burling-
ton and Bedford Boards of Selectmen to discuss alternatives to
possible solutions to the difficult water situation
Mr Hutchinson informed the Board that he will bring back Inflow/
next week a request to execute a contract with Whitman & Howard Infiltration
on the Inflow/Infiltration Study In addition to a federal grant, Study
it is estimated that we will have to spend $6,700 of our own
funds which are already authorized
Mr Hutchinson announced that Representative Cole had called State Aid
him today to say that of the $30 million budget for additional aid
to cities and towns which had come out of the Ways and Means Com-
, mittee, $85,000 will be allocated to the Town of Lexington
4(a4
Selectmen's Meeting May 23, 1977
Mr Busa commented that the Governor is not going to approve
it and, therefore, the Town would have to find other means of
getting $85,000
Transfers Mr Hutchinson informed the Board that with the previously
approved transfers and estimated transfers to be approved, we
will wind up with approximately $20,000 However, there are still
storm expenses and overtime to be credited to the remaining
$20,000, and he felt that it will be a photo finish against the
$150,000 originally in the reserve fund He agreed to submit to
the Board justification on upcoming requests for transfers
Mr Hutchinson had no immediate answer to the question of how
much the storm of May 10 cost the Town
Middlesex The Board agreed that Vice Chairman Battin and Mrs Miley
County would complete the questionnaire received from the Middlesex
Selectmen's County Selectmen's Association regarding topics to be discussed
Association at meetings of the Association
Mrs Battin informed the Board that meetings held within the
past year had been most interesting and some of the topics in-
cluded the growth policy development plan, court reform, and a
meeting with legislators to talk about local concerns
Mrs Miley said that we have a grave problem with the County
budget, and we could suggest that the Chairman of the Middlesex
County Advisory Board be a guest speaker at one of the Associa-
tion's meetings
Mrs Battin agreed
Executive Upon motion duly made and seconded, it was voted 4-0 by roll
call vote to go into Executive Session for the purpose of discussing
strategy with respect to litigation and one matter involving a
personal reputation
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
8 30 p m
A true record, Attest
3)c
Executive Clerk, Selectmen
465
SELBCTMEN'S MEETING
May 31, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Tuesday, May 31, 1977 at
7 30 p m. Vice Chairman Battin, Mr Bailey, Mr Busa, and Mrs Miley;
Mr Hutchinson, Town Manager; Mrs McCurdy, Executive Clerk, were
present
Mr Hutchinson informed the Board that a meeting has been Water -
arranged at the Burlington Town Hall on June 16 for the Burlington, Burlington
Bedford and Lexington Boards of Selectmen to discuss problems of Bedford
mutual concern, primarily water problems Lexington
All members of the Board and Mr Hutchinson are to attend
Mr Hutchinson said that he will bring in the contract on the 1/I Study
Inflow/Infiltration Study as soon as amendments to the contract are
completed
Mr Hutchinson recommended that the contract for sidewalk con- Contract
struction on Forest Street and Massachusetts Avenue be awarded to 77-2-E
the lowest bidder, LiDonni Incorporation, in the amount of $32,790 Sidewalks
Upon motion duly made and seconded, it was voted to award Con-
tract #77-2-E to LiDonni Incorporated, Newtonville, in the amount
of $32,790, for the construction of sidewalks on the North side
of Forest Street and on the South side of Massachusetts Avenue
The authority is contained in Article 19 of the 1975 Annual Town
Meeting; Account #5400 of the F Y 77 and F Y 78 operating budgets
Mr Hutchinson informed the Board that Selectmen representa- HUD Flood
tion is unnecessary at the meeting on June 23 in the Planning Board Insurance
office for a review of the Preliminary HUD Flood Insurance Rate
Study He will attend and report back if any action of the Board
is necessary
Mr Hutchinson requested the consideration of the Board in Burglary
declaring June as Burglary Prevention Month in Lexington He Resolution
read a resolution prepared by the International Association of
Police Chiefs, and added that the real goal would be to involve
the citizenry concerning neighborhood alert
Upon motion duly made and seconded, it was voted to adopt the
resolution declaring June as Burglary Prevention Month in the Town
of Lexington
Mr Hutchinson discussed the letter from Dr Manfred Friedman Mosquito
stating his objection to mosquito spraying on the basis that it Control
provides no benefit, other than a brief respite, and could be of
lasting harm Mr Hutchinson said that comments on the subject
it
466
Selectmen's Meeting May 31, 1977
111
will be forthcoming from Mr George Smith and Dr Michael Erdos of
the Lexington Board of Health after their meeting tomorrow with
State officials to discuss pesticide control Mr Smith and Dr
Erdos feel that the program should continue Mr Hutchinson added
that Town Meeting did discuss this issue and authorized the
appropriation, and he did not feel that we are in a position to
abate the execution of the will of Town Meeting to conduct the
program unless there is a demonstrated health problem or environ-
mental Problem necessitating a decision of the Board
Vice Chairman Battin said that there were other sides involved -
what the Board of Selectmen does about what the Town Meeting had
authorized, and what we would put in the budget next year
Mr Friedman was present at the meeting and said that Town
Meeting had approved the expenditure but, in the past, it has
been decided not to spend the money A vote of 98-94 was not an
overwhelming vote
Mr Busa said that Town Meeting voted the program under the
auspices and direction of the Middlesex Department of Health or
the State agency that handles it, and that should go forward unless
it is a health hazard in the minds of the Health Officer and the
Town Manager to curtail it Next year, Mr Friedman could address
it at Town Meeting and that's the time to curtail it
Vice Chairman Battin read the questions raised by Mr Fried-
man in his letter Is the spray equipment calibrated for range
and quantity so that correct insecticide density is delivered to
proper areas? Are operators trained? Who monitors the work?
How is effectiveness determined? Are areas measured for mosquito
counts before and after spraying? Has it been confirmed that the
poisons used will not combine to form a more harmful and/or long
lasting product? What precautions have been taken to prevent con-
taminating Bedford and Burlington water supplies? Are the insecti-
cides damaging to bees? What precautions are taken to warn the
public, organic farmers, home gardeners and sick people of the
time and location of spray operations?
After discussion, the Board agreed to proceed with the mos-
quito control program pending a report from Mr Smith and Dr
Erdos on their meeting with State officials Next year, perti-
nent information in response to the above questions will be com-
piled for the Board's consideration during the budget process
Mass Ave / Mr Hutchinson reported to the Board on the State Functional
Pleasant St Design Report on high hazard location projects at Massachusetts
& Waltham St Avenue/Pleasant Street and Waltham Street/Marrett Road intersec-
Marrett Rd. tions There are differences of opinions of the Engineering De-
Intersections partment, Planning Board, and the State Department of Public
Works but a public hearing will be conducted by the State in
Lexington for the purpose of re-addressing all issues Mr
Hutchinson agreed to contact Town agencies and will come back to
the Board when the hearing date is set
467
Selectmen's Meeting May 31, 1977
Vice Chairman Cha rman Battin read a report from Mr William Martin, Fence
Assistant Town Engineer, concerning a letter from the Fence Responsibility
Viewers requesting a determination of the lot line and the Hancock School
responsibility of maintenance and repairs to a fence located 43 Forest St.
between the Hancock School and the property owned by Mrs Raymond
Nickerson at 43 Forest Street
The report states that, after review of the records and
investigation in the field on the location of the fence, the
conclusion is that the fence is either on or faces on the lot
line between these two properties as well as other properties
abutting either the Hancock School or Belfry Hill It is fur-
ther concluded that the fence was erected by the Town since it
is uniform in construction throught its length
During discussion, it was noted that the Hancock School is due
to be phased out in September, 1977 The Board agreed that the
responsibility of repairs and maintenance of the fence lies with
the Town and, therefore, to refer the matter to the Town Manager
Upon motion duly made and seconded, it was voted to the
Town Manager the matter of the fence located between the Hancock
School and 43 Forest Street
Mr Hutchinson was requested to talk with Mrs Nickerson
Vice Chairman Battin read a letter from the New England Tele- J/0 Pole
phone Company requesting formal approval of the relocation of a Relocation
J/O pole on Adams Street south of Myrna Road As a result of an Adams St
accident on Adams Street, it was necessary to replace the pole
immediately because of the loss of electrical service and tele-
phone outages
A report from the Director of Public Works/Engineering
recommended approval of the formal request After issuing
verbal permission to relocate Pole 1/45 on an emergency basis,
DPW had reviewed the new location and found the new location to
be an improvement in traffic safety in the area
Upon motion duly made and seconddd, it was voted to approve
the formal petition of the New England Telephone Company and the
Boston Edison Company for the following relocation of a J/0 pole
Adams Street, on the easterly side, approximately 74+ feet
south of Myrna Road, one pole; one pole to
be removed
Vice Chairman Battin read a request from the Elks Lodge to Permit -
use the Battle Green and an invitation to the Board to partici- Green - Elks
pate in a ceremony on Flag Day
Upon motion duly made and seconded, it was voted to grant
permission to the Lexington Lodge of Elks #2204 to use the Battle
Green for Flag Day ceremonies on Tuesday, June 14, at 7 00 p.m
subject to Police and Town Manager regulations
468
Selectmen's Meeting May 31, 1977
Mr Busa agreed to represent the Board at the ceremony
Rummage Vice Chairman Battin read a request for the Order of Eastern
Sale Star to conduct a rummage sale at the Masonic Temple on Saturday,
June 11, from 10 00 a.m. to 3 00 p.m
The Board had no objection
Auctioneer Vice Chairman Battin read an application for an Auctioneer's
license
Upon motion duly made and seconded, it was voted to sign the
Auctioneer's license for Mr Robert P Fenochetti, 53 Reed Street,
expiring on March 31, 1978
Minutes Upon motion duly made and seconded, it was voted to approve
the minutes of Selectmen's Meetings held on May 10, May 13, and
May 16, 1977
Cooke Vice Chairman Battin read a request from the Conservation
Land Commission for the Board of Selectmen to vote to take by eminent
Taking domain for Conservation purposes the Cooke land located off
Massachusetts Avenue in the amount of $6,000, as authorized under
Article 63 of the 1971 Annual Town Meeting
Lex Rep Vice Chairman Battin read a letter from the Middlesex County
Middlesex Advisory Board regarding the appointment of a representative of
County the Board of Selectmen to serve on the County Advisory Board
Advisory Upon motion duly made and seconded, it was voted to reaffirm
Board the appointment of Mrs Mary W Miley as the representative of
the Board of Selectmen and the Town of Lexington on the Middle-
sex County Advisory Board
Appt Vice Chairman Battin asked the Board for recommendations to
Sewer fill the vacancy existing on the temporary Sewer Advisory Committee
Advisory Upon motion duly made and seconded, it was voted to appoint
Committee Mr Richard J Rycroft, 9 Rockville Avenue, a member of the Sewer
Advisory Committee
Revolutionary Vice Chairman Battin asked Mr Hutchinson for a recommenda-
War Hero tion on the request from the Minuteman Chapter of the Sons of the
Grave Plaque American Revolution to plant a special S A R brass marker on the
grave of Hammond Reed, a Revolutionary War hero who is buried in
the old Colonial Cemetery in back of the Unitarian Church
Mr Hutchinson had no objection and recommended that the
Sons of the American Revolution representative contact Mr Richard
Spiers, Cemetery Superintendent, to work out the details for the
ceremony on July 9, 1977
The Board agreed
Mr Bailey informed the Board of the number of calls he has
469
Selectmen's Meeting May 31, 1977
receivedpiledBrush
from concerned citizens about brush still being by
many in front of their homes Those who are inquiring are the Violations
people who have taken their own brush to the dump He pointed
out that tremendous fire hazards are created because of those
who put it out in the street What, if anything, will the Town
do about it?
Mr Hutchinson replied that he had also been receiving com-
plaints It was reported today that a boy was injured today in
trying to avoid brush left on the street, this was not Town
brush as neighbors had seen it being dragged from the backyard.
We have to ask people to be responsible for their own We have
about 75% of the Town done but people are still dragging it out
from their backyards to the street We are still arguing with
people about it and eventually, because of operational restraints,
we will get to it
Mr Busa said that people are taking advantage of the situa-
tion by clearing out their yards He recommended that it be pub-
licized that a citation for littering will be given to violators
Mrs Miley agreed and stated that people should be responsi-
ble for the area in front of their homes School children have
to walk around the brush and it is dangerous
Mr Hutchinson said that if it is possible to prove, we will
Ill
move against the people and even consider moving against neighbor's
complaints
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 dis-
cussing strategy with respect to collective bargaining, with no
intention of resuming the open session
After discussion, it was voted to go out of Executive Session
and adjourn at 8 40 p.m
A true record, Attest
Executive Clerk, Selectme
470
SETRCTMEN'S MEETING
June 6, 1977
A regular meeting of the Board of Selectmen was held in the Se-
lectmen' s Meeting Room, Town Office Building, on Monday, June 6,
1977, at 7 30 p.m Vice Chairman Battin, Mr Bailey, Mr Busa,
Mrs Miley; Mr Hutchinson, Town Manager; Mrs McCurdy, Executive
Clerk; Mr Cohen, Town Counsel werepresent
I Transfer Mr Hutchinson recommended that the Board approve requests for
Requests transfers from the Reserve Fund
Upon motion duly made and seconded, it was voted to request the
Appropriation Committee for approval of transfers from the Reserve
Fund to the following accounts
Account Amount
#1700 Group Insurance $35,000 Rate Increase
#2935 Office Copier and 800 Above Normal Use
Supplies
#1350 Personnel Expense 1,250 Recruitment costs
#4900 DPW Personal Services 5,000 Storm Overtime
#5200 Town Building Main- 1,400 Overtime
tenance-P S Town
#5250 Town Office Building 25,000 Energy Underbudgeted
Maintenance
#5550 Traffic Regulations 500 Energy Underbudgeted
#5600 Streets Lights 22,000 Energy Underbudgeted
#5700 Sewer Maintenance 6,000 Major Pumping Stations
#1950 Elections-Town Clerk 2,300 Special Elections
#3320 Tri Community Health 600 Swine Flue Clinics
Services
•
#2800 Police Department 2,000 Gasoline Increase
Mr Bailey stated that much of this arises from the conscious
decision of 15 months ago when we had to budget energy items and
we had no idea of the difficulties We knew we would be bouncing
the top but we didn't know how badly So it should be no reflec-
tion on anybody's management along the way on those items
Mr Hutchinson said that energy and insurance were our major
areas of real problems
NET&T Hearings were conducted on petitions from the New England
Underground Telephone Company for the installation of underground conduit
Conduit - Notices of the hearings had been sent to abutters and filed with
Hancock St the Public Works Department Mr Roland Pinault represented the
Telephone Company and no one else was recorded in favor or in
opposition
Upon motion duly made and seconded it was voted to grant per-
mission to the New England Telephone Company for the following
471
Selectmen's Meeting June 6, 1977
locations
Hancock Street on the easterly side, from the intersection of
Edgewood Road Edgewood Road, southerly 12'+ (feet) to said
Hancock Avenue Edgewood Road, thence easterly, 120'+ (feet) to
pole 28/2 approximately 132'+ (feet) of con-
duit, also on the easterly side, from a
point 30'+ (feet) north of Edgewood Road,
westerly 165'+ (feet) to pole 41/1 Hancock
Avenue, approximately 165'+ (feet) of conduit
Hayes Avenue on the southerly side, from the southerly cor-
ner of Hancock Street, easterly 172'+ (feet)
to existing pole 44/2, approximately 172'+
(feet) of conduit
(Work to be done in grass area )
Hancock Street on the easterly side, from the north corner of
(Goodwin Road) Goodwin Road, southeasterly 8'+ (feet) to the
grass shoulder on said Goodwin Road, thence
easterly 91'+ (feet) to pole 42/4-1, approxi-
mately 99'+ (feet) of conduit
' Hancock Street on the easterly side, from a point approxi-
Brigham Road mately 285'+ (feet) south of Hayes Avenue,
westerly 66'+ (feet) to the northerly side of
Brigham Road, thence westerly 245'+ (feet)
to proposed handhole 55/177-1, approximately
311'+ (feet) of conduit and one (1) handhole
(Work on Brigham Road to be done in grass area )
Hancock Street beginning on the easterly side at the south-
North Hancock east corner of the Adams Street intersection,
Street running in a northwesterly direction to exist-
ing pole 42/24 North Hancock Street approxi-
mately 204'+ (feet) of conduit
Hancock Street on the easterly side, from existing manhole
#54/177 located 250'+ (feet) north of Edge-
wood Road, northerly 87'+ (feet) to pole
42/13 approximately 87'+—(feet) of conduit
(Work will be done in sidewalk )
Hancock Street on the westerly side approximately 150'+ (feet)
north of Bedford Street , one (1) handhole;
also from said handhole in a southeasterly
direction approximately 55'+ (feet) of conduit
to #9 Hancock Street, and in a northwesterly
472
Selectmen's Meeting June 6, 1977
direction approximately 35'+ (feet) of
PP Y
conduit to the Masonic Temple
Mr Pinault thanked the Board and explained that because of
the planned reconstruction of Hancock Street, we will have an
opportunity to get in and locate the conduits for future use
Orne Hancock Street is finished, they would have to wait for seven
years to get a permit to open up the street
Mr Bailey said that, as he understands it, permission is re-
quested to enter conduits that are already on Hancock Street and
to take leadoffs into streets that feed into Hancock Street, but
there is no intention of having underground service to houses on
Hancock Street
Mr Pinault replied in the affirmative
Legislative Vice Chairman Battin read a request from the Joint Legisla-
Liaison tive Office of the Massachusetts Municipal Associations regard-
ing the appointment of Lexington's Legislative Liaison
Mrs Miley said that the Board would certainly like Mrs
Battin to continue as she has done great service for the Board
and the Town in keeping us informed as to what the State is doing
these days
Upon motion duly made and seconded, it was voted that Mrs
Margery M Battin is to continue to serve as Lexington's Legisla-
tive Liaison
Auctioneer Vice Chairman Battin read an application for an Auctioneer's
license
Upon motion duly made and seconded, it was voted to sign the
Auctinneer's license for Mr John D Brucchi, 63 Paul Revere Road,
expiring March 31, 1978
Entertainment Vice Chairman Battin read a request for an Entertainment li-
License cense
Upon motion duly made and seconded, it was voted to sign the
Entertainment license for Chadwick's, 903 Waltham Street, for a
4-piece High School Dixieland Band to play indoors for the anniver-
sary celebration on June 23 and June 24 from 7 00 p.m to 10 00 p.m
Minutes Upon motion duly made and seconded, it was voted to approve
the minutes of the Selectmen's Meeting held on May 23, 1977
Bank Vice Chairman Battin read a request from the Cambridgeport
Opening Savings Bank for a circus clown to distribute balloons in front
of the bank on June 18, June 25 and July 2 from 10 00 a m to
4 00 p.m
The Board had no objection
At 8 00 p.m Vice Chairman Battin opened the hearing on the
473
Selectmen's Meeting June 6, 1977
application from m Lexington Enterprises, Inc d/b/a Peking Gardens, Peking
27 Waltham Street, for an expansion of premises to include 29-31 Gardens -
Waltham Street; a one-story building approximately 40 ft x 125 Liquor
ft to contain dining room, storage area and offices at basement
level of building; the above-described premises to connect with
present restaurant at 27 Waltham Street by opening on first floor
and by a common basement, in accordance with submitted plans
Notice of the hearing was published in the Lexington Minute-
man issue of May 19, 1977 and a copy sent by the petitioner to
each abutter
Attorney Dean E Nicholson, representing the petitioner, in-
formed the Board that the adjacent premises proposed for the
addition were formerly owned by Stevens Market Peking Gardens
has been in business and under the same management since 1972; they
have become a well-known restaurant and are a credit to the community
Liquor being served in the restaurant is only an adjunct to the main
purpose of serving food He explained a plan of the premises and
added that there are facilities for handicapped people The kit-
chen area will not change in size and, with the expansion, the
restaurant capacity will be about 220 people, 70 more than at the
present time Mr Morehouse, Architect, has designed improvements
both inside and outside, and they are ready to go to Historic
Districts Commission for approval of the outside The lower level
will have three dining rooms (there is one downstairs in the other
side of the building) and these will be rather lightly used; it
is just to have facilities in the lower level to accomodate people
Mrs Battin stated that a hearing had been held by the Board
of Appeals on April 13 and a permit was granted for the extension
Mr Busa asked if the rooms downstairs would be used as dining
rooms or function halls? Also, if the liquor license is to be ex-
tended to cover them?
Mr Nicholson replied that the license would cover the three
rooms which would be used not as much as dining rooms but for
groups getting together for people getting married or parties for
retirements
Mr Bailey asked if license is going to be different in any
way other than the fact that it would include the additional space?
Mr Nicholson replied that there is no request for anything
different than they already have It is only for additional space
No one else appearing in favor or in opposition, Vice Chairman
Battin declared the hearing closed
Upon motion duly made and seconded, it was voted to sign the
Common Victualler All Alcoholic Beverages Liquor License to Lexing-
ton Enterprises, Inc d/b/a Peking Gardens to cover the following
premises at 27-31 Waltham Street Main restaurant or dining room
on first floor of one-story brick building, and dining room on
cellar level used for receptions and private meetings; kitchen on
1st floor, ladies' and men's rooms and storage on cellar level;
4174
Selectmen's Meeting June 6, 1977
addition to restaurant at 31Waltham Street containing dining
room, coat room and men's and ladies' lavoratories on first floor;
three function rooms, storage area and offices at basement level
Also, to sign the application to the Alcoholic Beverages
Control Commission for approval of the license including the
expanded premises
Summer The Board discussed the summer schedule of meetings
Schedule of Upon motion duly made and seconded, it was voted to conduct
Meetings the Selectmen's meetings during the summer on the following dates
July 11, July 25, August 8, August 22, September 6, 1977
Binding Vice Chairman Battin read an alert to Legislative Liaisons
Arbitration to discuss with their boards to send letters, telegrams and make
telephone calls to their representatives and senators in support
of the Governor's compromise on compulsory and binding arbitra-
tion The bill extending compulsory and binding arbitration for
two years has been passed by the House and Senate Although there
were some cosmetic changes made, the bill has essentially the same
substance as what we have opposed since the beginning of the
session Instead of signing the bill, the Governor is expected
to offer a compromise that will include
1 A "triggering" mechanism that would impose com- 111pulsory and binding arbitration only cities and
towns that do not bargain in good faith
2 A management rights' component that will remove
certain necessary management prerogatives from
negotiations
Mrs Battin said that Representatives Cole and Dickson and
Senator Rotondi voted against the bill and Representative Amick
voted to extend
Mrs Miley said that she felt that the Governor, in his
compromise, is trying very hard to help municipalities in this
instance, and she moved to strongly support the Governor's com-
promise proposal on compulsory and binding arbitration
Mr Bailey said that he would be interested in the Manager's
comments
Mr Hutchinson said that when it comes to matters of collec-
tive bargaining, he happens to be somewhat of a home rule man
The Governor's bill is probably the best of the alternatives from
the Legislature but it still concerns him that the Governor and
the Legislature do not authorize payment of wages as people at
the local level do, and there is a real lack of understanding as
they are not involved in it If compulsory arbitration is so
good, then he thought that each town should be given the right to
decide If he is being asked if he supports the Governor's bill,
he does not If he is being asked if it is the best of a very bad
475
Selectmen's Meeting June 6, 1977
situation that we have, "
the answer is, "Yes It is amazing that
they give more credence to police and fire unions than to the
duly elected officials at the local level and this, he feels, is
a very unfortunate thing
Mrs Battin said that this is something that the Local Gov-
ernor's Government Advisory Committee had to wrestle with The
feeling was the the Governor, in this case, and Secretary Flynn
went way out for municipalities - they really fought the police
and fire, and they were willing to take a stand on our side; the
feeling is that most towns felt that they did bargain in good
faith and the triggering mechanism wouldn't go into effect so, in
essence, we wouldn't have compulsory binding arbitration If we
said to the Governor that he didn't go far enough and we are going
to leave you out on a limb all by yourself, then we were really
going to lose him
Mr Hutchinson said that we have factfinding with the firemen
next week As the Manager, charged by this Board with what he
considers a serious responsibility, he felt that this Act in any
form doesn't help He believes in collective bargaining and is
personally not opposed to people believing in the right to strike
Having had 1,000 applications for the position of fireman, he
didn't think we have anything to apologize for
Mrs Battin agreed with the last remark The question is
whether we go along with municipal associations and support what
the Governor is trying to do
Upon motion duly made and seconded, it was voted that while
the Town of Lexington would prefer no State mandates regarding
local wage negotiations, the Board of Selectmen unanimously sup-
ports the Governor's compromise proposal on compulsory and binding
arbitration
It was agreed to write to our Representatives and Senator
urging them to support the Board's position
Mr Bailey asked if Representative Carol Amick had commented
on her position?
Mrs Battin replied that when Rep Amick had said that she
had always been for binding arbitration but no "last best offer,"
Mrs Battin had informed her that this was not a distinction that
she had made clear to the Board when she appeared before us Rep
Amick had voted on all the amendments that the Mass League of
Cities and Towns had put up When they all got voted down, she
voted for the final version, but Rep Cole, Rep Dickson and Senator
Rotondi didn't; Dickson had been wavering before
Mrs Battin, Mr Bailey and Mrs Miley agreed to be at the
Minuteman statue on Saturday, June 11, at 12 00 Noon to welcome
Congressman Tsongas and a member of the British Parliament
The Board discussed the policy adopted last year of riding in
cruisers on graduation night and weekends
476
Selectmen's Meeting June 6, 1977
Police
Mr Busa asked to have the purpose explained. Is it to aid,
cruisers - supervise or observe police procedures or citizens behavior?
Graduation Mrs Battin explained that it is a combination This process
seemed to sort of diffuse the whole situation to have everybody
involved and concerned doing it, and it seems to work well In
talking with Chief Corr last year, he welcomed having citizens
involved when there are congregations of people Citizens and
neighbors are interested, and they feel comfortable seeing that
their representatives care It seemed to work well
It was agreed that Mrs Miley would be available on Wednes-
day, Mrs Battin on Friday evening, Mr Busa on Saturday evening,
and Mr Bailey on Sunday evening
(Voting Signs The Board discussed a request from Ms Jacqueline Ward and
Mr Roger Trudeau to have a banner across the intersection of
Massachusetts Avenue and Waltham Street intersection calling
attention to citizens to vote on the special election day-of
Monday, June 13, to fill the vacancy on the Board of Selectmen
The Board agreed not to approve the banner but Ms Adams
and Mr Trudeau would work together to have signs at each pre-
cinct on voting day, signs in merchants' windows, and a tasteful
display sign in front of the Town Office Building The Board
will notify the merchants we strongly approve and hope they will
join in the effort to remind voters
Sanitary Mr Hutchinson thanked the members of the Board of Select-
Landfill men and Sanitary Landfill Advisory Committee for attending the
Hearing State hearing in Tewksbury regarding violations at the sanitary
landfill He said that their appearance was very supportive to
our concern about the landfill
Mrs Battin added that the Town Manager had made a good
presentation at the hearing
Upon motion duly made and seconded, it was voted to adjourn
at 8 1+0 p.m
A true record, Attest
Executive Clerk, Selectmen
U
477
SELECTMEN'S MN;P'TING
June 13, 1977
A regular meeting of the Board of Selectmen was held in the
Selectmen's Meeting Room, Town Office Building, on Monday, June 13,
1977, at 7 30 p.m Vice Chairman Battin, Mr Bailey, Mr Busa,
Mrs Miley, Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel,
Mrs McCurdy, Executive Clerk, were present
At the request of the Town Clerk, six jurors were drawn Jurors
Philip E Sheridan 6 Carville Avenue
Thelma Haggett 31 Arcola Street
Bernard J Rothmel 4 Burroughs Road
Robert W Nielsen 16 Henderson Road
Wallace C Collins 7 Tufts Road
Burton Shapiro 4 Fulton Road
Vice Chairman Battin read a letter from the Planning Board Planning Board
requesting suggestions from the Selectmen, Town Counsel and the Townwide Under-
Town Manager on the best procedure to be followed by the Planning ground Wiring
Board in bringing a proposal to Town Meeting for consideration of Proposal
a townwide program of putting electric transmission lines under-
ground The May 9 snowstorm, which caused lengthy power outages
throughout the Town, has prompted the Planning Board to consider
initiating this program Legislation exists which permits a co-
operative effort by a town and its electric utility company to
implement this, and the work would be carried out over several
years according to an agreed upon schedule It would be financed
by a 2 percent surcharge on all customer billings It has been
Planning Board policy to require all new subdivisions to install
underground wiring There is no question that the attractiveness
as well as the safety of these developments has been enhanced
Mr Hutchinson said that no matter how aesthetically pleasing
it would be, it is expensive and it does present problems; main-
tenance-wise it is easier to get to the wires if any trouble occurs
He would like more time to work with D P W on technical informa-
tion
Mr Bailey said that when the enabling statute was passed by
the Legislature, the Board discussed it and, at that time, the
Board agreed it would not recommend any townwide activity He
personally felt that to go through the horrendous expense of trying
to avoid something that really only happens once every 40 years is
a little ridiculous However, if the Planning Board wishes to
place it before Town Meeting, that is the appropriate forum to do
it If we had to take a stand, he recommended that the Board take
a position against it but if they want, the Planning Board could
take it to Town Meeting
4178
Selectmen's Meeting June 13, 1977
Mr Busa agreed with Mr Hutchinson and Mr Bailey and stated
that a 2 percent surcharge from now until eternity is a big per-
centage to pay, especially with rising costs of energy He felt
that is a referendum vote to see if the taxpayers want that luxury
to have wires underground.
Mrs Miley agreed that the Planning Board could present the
proposal to Town Meeting and let them make the decision; let the
townspeople know and ask if they want to have their power under-
ground and are they willing to pay the price?
Vice Chairman Battin suggested that Mr Hutchinson get more
technical information to give to the Planning Board, and they
make the decision; they could talk to Town Counsel as to how they
want to present it
Mr William Spencer was in the audience and said that shortly
after the storm a neighbor came to him as a Town Meeting member
to investigate what might be done on Hancock Street, particularly
in light of the Chapter 90 reconstruction that is coming up, to
ask if it could be done as part of the job The best information
Mr Spencer could get at that time was that, if it were done, the
cost would come back to the residents on Hancock Street The bud-
getary guess was several thousand dollars per home, perhaps as
much as $7,000 per home At that point, he stopped However, he
would like this to come to Town Meeting as that is the place where
the debate should appropriately take place111
Mr Bailey said that this raises one of the key questions as
to whether the 2 percent surcharge covers just the in-street part
of it or whether that covers the individual home services My
guess is that it is just the in-street part
Mrs Battin recommended that this kind of information be given
to the Planning Board
The Board agreed
Upon motion duly made and seconded, it was voted that the
proposal for consideration of a townwide program of putting elec-
tric transmission lines underground properly lies within the
province of the Planning Board Technical information will be
given to the Planning Board through the Town Manager and the
Public Works Department, and Town Counsel will be available for
any needed assistance
Mosquito Mr Hutchinson discussed reports from Mr George Smith, Lex-
Control - ington Director of Public Health, and Mr Kevin Moran, Superinten-
Friedman dent of the East Middlesex Mosquito Control Project, in response
to a letter to the Selectmen from Mr Manfred Friedman expressing
his concern about the implementation of the mosquito control pro-
gram voted by the 1977 Annual Town Meeting
Mr Smith's report states that he had discussed the matter
in detail with the Board of Health and at the meeting held on June 6,
1977, it was voted to unanimously support the mosquito control pro-
gram and to urge that it be continued as a valuable preventive
4179
Selectmen's Meeting June 13, 1977
measure Mr Smith had met with Mr Moran, who had forwarded a
written report Also, the Massachusetts Department of Public
Health had advised Mr Smith that in regard to the spraying of
insecticides for mosquito control, no such Environmental Impact
Statement has been issued by that Department and that no official
statement relative to spraying for mosquitoes for Public Health
reasons only has been promulgated by that department However,
the Department of Environmental Quality Engineering has issued
some type of document pertaining to the use of pesticides in a
myriad of circumstances and mosquito control is included
In checking further, Mr Smith was advised by D E Q.E that
such a document exists, that it is over 190 pages in length and
that it is not readily available at this time
Mr Smith was unable to receive vertification from the De-
partment of Public Health and D E Q.E as to whether Mr Friedman's
following statement is exact or taken out of context "The
Massachusetts Department of Public Health issued an environmental
impact statement concerning the spraying of insecticides for mos-
quito control In this document they showed great concern about
the spreading of these poisons and pointed out that this should
be done with considerable care and only when required for health
purposes "
Mr Hutchinson commented that Mr Smith is not criticizing
but is just saying that he has been dealing with the same agen-
cies and has found that there is some incompatibility of infor-
mation here
A letter from Mr Moran to the Board of Health states "
mosquito control is carried out all year around for the purpose
of keeping the population of biting adults low Not only does
this help the taxpayers of Lexington to enjoy their backyard and
playgrounds during the evening hours but it also keeps us con-
stantly aware of the mosquito problems we have in Lexington in the
chance that any health hazard does arise Positive signs of
Eastern Equine Encephalitis are frequently found in eastern
Massachusetts, and trapping of live adults for this purpose is
constantly carried out through out the State by the Experiment
Station in Lakeville, Massachusetts The method and material
that is used leaves no noticeable pesticide for mosquito control
It is commonly used in backyard garden spray and dusts Spray
operations are carried out after dark and each spray truck is
equipped with a list of people that do not want to be sprayed for
whatever reason and this list is gone over before every spray
operation All dosages are well within the safe and recom-
mended amounts; also, they are kept away from moving waters and
well areas The East Middlesex Control Project recognizes that
some citizens do not like pesticide spraying and we try to cooper-
ate with them but we also pride ourselves on giving the majority
of taxpayers the relief from the mosquitoes that they request
4[80
Selectmen's Meeting June 13, 1977
Weride ourselves also on usingthe safest and most efficient
P
sprays and methods available The stopping of all aerial appli-
cations in Lexington and constant Checks on drainage operations
are two examples of our cooperation with those concerned with
their environment "
Mr Hutchinson informed the Board that Mr Smith and Dr
Erdos of the Board of Health will be working on this and send-
ing a response to the questions raised by Mr Friedman He
thought that while there were a number of worthwhile comments,
we still might look to the next Town Meeting to address this
question unless the Board feels that we're in an emergency state
on this issue
Mrs Battin said that it is the feeling of the Board that we
would follow up on those questions raised by Mr Friedman before
we put mosquito control money in the budget next year, but what
are we to do this year? For the record, we received an additional
letter from Mr Friedman "I do not think I will be able to
attend your meeting; however, my feelings on the matter are ex-
pressed in my letter of April 26 on the spraying of insecticide
poisons for mosquito control I would simply add that before
making a decision to proceed that the Board of Selectmen should
be able to demonstrate the safety and public health benefits
gained by extensive spreading of insecticide poisons "
Mr Busasaid that his recommendation is the same as he had
made before To bring the Board up to date, there has been one
case of encephalitis in Eastern Massachusetts and if our spraying
would prevent the second case, he thought the project should be
continued
Mr Bailey said that as a result of efforts over the years,
we're just looking after the very bad spots now and he would
hate to back up much further from that position as long as there
is a potential danger He suggested that they follow the advice
of our Board of Health
Mrs Battin and Mrs Miley agreed and added that, with the
danger of encephalitis, it is a health hazard
Upon motion duly made and seconded, it was unanimously voted
to continue with the mosquito control project in accordance with
the mandate of the 1977 Annual Town Meeting
The Board agreed to use answers to Mr Fiedman's questions
as guidelines during next year's budget discussions regarding
mosquito control
Taxi Fare Vice Chairman Battin read a letter from Mr Edward Tippett,
Increase President of the Arlex Taxi Corporation, requesting an increase
in rates, because of the rapidly increasing costs of doing busi-
ness and in the price of gasoline He requested the following
1 That the initial meter ate of $0 60 remain the same but
the distance be changed from 1/1 to 1/5 of a mile
481_
Selectmen's Meeting June 13, 1977
2 That each additional 1/5 of a mile be $0 20
3 That the waiting time of $0 15 for each one and one-half
minutes be increased to $0 20
Mr Hutchinson quoted rates in the surrounding towns and
recommended that the Board approve the request as Mr Tippett
had been cooperative, plus the fact that he has six new taxicabs
in operation now
Mrs Miley questioned whether there were flat rates or meter
rates for trips to the airport and, after discussion, it was
agreed to nvite Mr Tippett to the next meeting to present the
necessary information
Upon motion duly made and seconded, it was voted to amend
Section VI (a) of the Lexington Rules and Regulations Governing
Taxicabs and Other Public Vehicles for the Carrying of Passengers
for Hire, as follows
VI Rates or Fares; Meters
(a) for public vehicles for hire, the rates within
the limits of the Town of Lexington shall be
60¢ for the first one-fifth of a mile
200 for each one-fifth mile thereafter
20 ' for each 90 seconds waiting time
The above amendment is to be published in the next issue of
the Lexington Minute-man
Mr Hutchinson advised the Board that he received 1,000 appli- Fire Exam
cations for three openings in the Fire Department and 250 will
take the examination on June 18th
(1) All Lexington residents are allowed to take the test;
(2) Those who have had past firefighters experience, with
E.M T skills that were certified;
(3) Those who met the criterion of affirmative action,
and who also met the minimum qualifications - for
example, 25 women have applied
Mr Hutchinson briefly discussed the Lexington Housing Author- Lexington
ity' s application to HUD for financial assistance for 85 units Housing
It was agreed to ask for recommendations from interested agencies Authority/HUD
and then schedule an agenda item for a meeting within two weeks
Mr Hutchinson asked for an opinion of the Board regarding Hancock
the reconstruction of Hancock Street under Chapter 90 Street -
Mr William Spencer, 32 Hancock Street, said that some of Chapter 90
the residents thought that there would be one more public hearing
held
482
Selectmen's Meeting June 13, 1977
Mr Baileystated that it was his understandingthat the
Board of Selectmen intended to have another hearing even though
it may not be legally required
Upon motion duly made and seconded, it was voted that a rep-
resentative of D P W /Engineering is to present the necessary in-
formation to the Board at the next meeting and then a public hear-
ing is to be scheduled as soon as possible on the Chapter 90 re-
construction of Hancock Street
Auctioneer Vice Chairman Battin read an application for an Auctioneer's
license
Upon motion duly made and seconded, it was voted to sign the
Auctioneer's license for Mr Ronald T D'Abbraccio, 14 Westminster
Avenue
Certificate of Vice Chairman Battin read a request from Secretary Guzzi for
Incorporation approval of an address for an applicant for a Certificate of
Incorporation
Upon motion duly made and seconded, it was voted to approve
47 Wachusett Drive as a maildrop for Citizens of Lexington Con-
servation, Inc
Minutes Upon motion duly made and seconded, it was voted to approve
the minutes of the Selectmen's meeting held on May 31, 1977
Block Party Vice Chairman Battin read a request for permission for a block
party
Upon motion duly made and seconded, it was voted to approve
the request from residents of York Street to conduct a block party
on June 24 from 7 00 p.m to 12 00 Midnight, subject to the regu-
lations of the Police and Fire Departments
Compulsory & Vice Chairman Battin informed the Board that a debate will
Binding be held in the Senate on the Governor's amendments on compulsory
Arbitration and binding arbitration, and she urged all members of the Board
to attend; she and Mrs Miley plan to be present As the Board
knows, we have told our Senators and Representatives that we support
the Governor's compromise
Representative The Board discussed Mrs Battin's recommendation to invite
Carol Amick Representative Amick to meet with them and a representative of
the Boards of Selectmen of the other towns she represents in order
to clarify Representative Amick's change in her position on com-
pulsory and binding arbitration Mrs Battin said that people are
puzzled as to what we as Board members heard her say to us and what
she said at candidates' night The Massachusetts League of Cities
and Towns is very concerned about Representatives who change their
minds
48oe
Selectmen's Meeting June 13, 1977
III
The Board agreed g eed to schedule a special meeting for Thursday,
June 16, at 7 00 p.m with Representative Carol Amick
Upon motion duly made and seconded, it was voted to adjourn
at 8 32 p m.
A true record, Attest
,31 ) ‘ 46-et.....x„, ;))h )2c
Executive Clerk, Selectmen
III
III
b
SPECIAL
SELECTMEN'S MEETING
June 16, 1977
A special meeting of the Board of Selectmen was held in the
Selectmen's Meeting Room, Town Office Building, on Thursday,
June 16, 1977, at 7 00 p.m Vice Chairman Battin, Mr Bailey,
Mr Busa, Mrs Miley, Mr Kent, Mr Hutchinson, Town Manager;
Mrs McCurdy, Executive Clerk were present
Binding The Board of Selectmen had invited Representative Carol
Arbitration Amick to attend the meeting to answer questions on her position
Police & on compulsory and binding arbitration While awaiting her
Fire appearance, discussion was held by the Board.
Mrs Battin introduced Mrs Grace Erdman, member of the
Board of Selectmen of Bedford.
Mrs Miley reported to the Board that she, Mrs Battin, and
Mrs Erdman were at the State House on Wednesday
Mrs Miley We did lobby as best we could We spoke to our rep-
resentatives and I don't know what the final vote was as far as
their vote was concerned but I know we lost in binding arbitra-
tion the amendments of the Governor but I'm not sure just how
they came through for us
Mr Bailey You don't know how Carol voted yesterday?
Mrs Battin No we don't; we don't know how any of them voted
When we were there, Mr Dickson and Mr Cole were locked in --
we had to send notes into them No one offered the Governor's
amendments on the Senate floor so it then went to the House It
is crucial now The Governor is planning to veto There are
votes to override it in the House It is within one or two votes
to sustain his veto in the Senate
Mr Hutchinson I have been attending a seminar for citizens
once a week over a 6-week period at the State House The Legis-
lative leaders have been running the seminar and educating us
on how they work I happened to ask Senator Harrington what the
prospects were He indicated to me just what you said that there
are enough votes to override in the House; in the Senate it's
going to come down to within one or two votes I asked him what
his position was He said that in the event that there is a tie,
he will vote with the Governor He has told the firemen that
Mrs Battin Then he has made a public statement
Mr Hutchinson I learned today that the Senate President does not
normally vote in these matters but I guess it is really coming I
didn't get a chance to clarify if a two-thirds vote of the Senate
would be necessary or if it is a majority or a tie or whatever it is
485
Special
Selectmen's Meeting June 16, 1977
Alice Pierce Does
anyone know is the vote likely to be taken
before next Tuesday or after?
Mrs Battin I think it depends a lot on what Representative
Amick says to us today whether she is going to vote to sustain
or not
Mr Hutchinson The question is, when is the vote going to be taken?
Mrs Battin He will send the veto as quickly as possible
Alice No I am curious about when it will be
Mr Hutchinson In other words, is it possible that the Governor
could veto today and it be voted on by Monday or Tuesday, and I
don't think that's possible
Mrs Battin No, that's what the Local Government Advisory Committee
was saying The Governor was going to wait and see depending on how
she was feeling He'd put the veto in as fast as possible so the
vote gets pushed before she's on the Senate floor
Mr Kent Unless she's on our side
Mrs Battin We're asking her as our representative, is she willing
to vote to sustain the Governor's veto? And the Governor has the op-
tion of when he submits it and when the action is taken so it depends on
whether who wants her on the floor or not
Grace Erdman It is Bunker Hill day, a state holiday
Lady Does anyone know the position of the contenders for the other
Senate seat? Which will also be voted on next Tuesday
Mrs Battin We were in Everett yesterday and they did not know
(Everett Councilmen) That is not an issue that's been raised The
two Councilmen from Everett were on the other side
Bill Murphy, President of Massachusetts League of Cities and Town,
Chairman of the Local Government Advisory Committee, and Selectmen
from Chelmsford came into the meeting
Mrs Battin to Bill Burphy The only reason we are having Bedford
and Lexington here is that officially, Carol is our representative
and we are talking to her as our representative not as a potential
contestant (Senatorial)
Mr Murphy Do you have a copy of what her answer was?
Mrs Battin No Sheila did say that that one paragraph that MLCT
said was not in the bill, is They started reading it carefully and
they were wrong
Bill Burphy I guess the concern one has in reading that letter is
she tries to offer something to everbody (Letter to the Mass League)
and she says that she would like it to go to the voters for referen-
dum. That's on one side and the other side, she's going to vote for
it; and I don't think you can be for both sides of the issue - the
public may buy that cause they are not familiar with the issues
Mrs Battin That was the feeling, she camein and talked to all of
us and knew she couldn't say
Bill Murphy She believes that's important that she better support
4[86
Special
Selectmen's Meeting June 16, 1977
the Governor because it's the only way it can be angled? She has a
chance to be heard
Mrs Battin to Mr Hutchinson Tell Bill what Senator Harrington
said
Mr Hutchinson I happened to see Senator Harrington today at a
seminar and I did ask him what the status was of the bill - and
obviously it's on the Governor's desk and he's going to veto He
indicated it's going to come down to one or two votes within the
Senate, the only place that it can be rejected so all the more
critical in this type of situation He did indicate to me that
apparently he's taking a position in the event there is a tie,
that he would vote with the Governor to defeat it I assume that
it's a two-thirds override so how can there be a tie in the Senate
anyway?
Carol Amick came in at 7 12 p.m
Mrs Battin This is a meeting with the Boards whose Towns you
represent; we have also invited Bedford and Billerica -- we are
concerned with you as our representative about how you voted which
seems to be at variance with what we understood you to say when you
met with us previously There seems to be sort of confusion on
both sides as to what the municipal stand is and what we feel is a
compromise and also what you do As you know, this is probably one
of the most serious issues facing the Mass League of Cities and
Towns and the Mass Selectmen's Association The property taxes
across Massachusetts went up 13-1/2 percent this year and they are
likely to go up as much next year We really are frightened at
what's happening with compulsory binding arbitration This is the
biggest and most concerted push we've had As you know it's going
to be in the Senate as to what happens whether the Governor's veto
is going to be sustained We want to tell you how strongly we felt
to find out how you feel and if there could be a meeting of the minds
As background, I would say that, because you have felt that a com-
promise is acceptable, that as far as the Mass League and Mass
Selectmen are concerned the compromise from the Public Service
Committee we don't feel is a compromise at all It didn't cover
anything about supervisors; the only management rights it gave were
those that were mandated by the Mass Labor Relations Committee in
the Danvers' case; nothing about triggering off arbitration, it
applies to everybody, and very little additional in terms of ability
to pay The only compromise the Mass League and Mass Selectmen's
Association have been for is the one the Governor has offered. That,
we have never felt, was compromise, that we either publicly or pri-
vately as far as I know stated we felt it was acceptable
Grace Erdman The first person we saw when we went to the State House
yesterday, those of us who were there to lobby, said to us, "Are
you here in behalf of the community or in behalf of the police and
-Ih"IT
Special
Selectmen's Meeting June 16, 1977
fire?" And I thinkall' read the say it You probably letter I
gave you yesterday
Carol Amick Yes I didn't expect that it was going to come up as
quickly as it did yesterday It was too bad as it would have been
interesting to see how people would react to the letter Grace had
a letter in the Bedford Minute-man urging people to contact me, and
the only thing I can say is we have gotten two calls this afternoon
from people who supported how I voted So I have a feeling we are
going to see a move afoot to have people contacting me on both sides
of the question I hope people will write to me from the other side
Grace Erdman When you came before our Board the question was posed
to you, "Do you oppose the extension of compulsory and binding arbi-
tration? And our minutes show that you responded, "Yes "
Carol This is where a lot of the confusion has occurred and as I was
correctly quoted by the Minute-man last week as saying that I did not
explain at that time and you made the assumption that I would not vote
to extend the present law That meant that I would not vote for any
kind of binding arbitration of any sort, any time, and because of the
campaign that I'm in and I don't mean to use that as an excuse, it's
been a very busy time for me and I don't want it to appear that I
have switched the position I have always supported a kind of bind-
ing arbitration for police and fire only and only then because I be-
lieve we need an impasse resolution procedure rather than going to
strike procedure But the failure, the failing is mine alone for not
saying to you then, as apparently, and as I recall as Dickson did that
night, and as some other legislator that I heard say, "Yes, we do not
support the present law" but a lot of amendments may be added, things
can be changed and it's very difficult to say if were going to I
felt that the position I had reflected was one which I have kept That
is that I would not vote for the present law Then we get into the
sematics of what - Is the bill that we voted on really a compromise or
not? I know the arguments from the League of Cities & Towns - I know
the arguments from the other side Part of the problem, in my case,
due to the fact that this became an issue or was part of my campaign
and because of the fact that I've been running around as a candidate,
and trying to also be a representative too, etc , was the fact that
during meetings at the State House, I was led to believe, and was told
by officials representing themselves to be representing Selectmen,
League of Cities and Towns, etc , and maybe their comments to me were
not meant to be taken on the record They were sort of off handed
comments But once someone says something to me I take their word
When they commented to me that they weren't happy with the compromise,
but they knew that the Legislature was going to pass it, and that they
were happier with what they got then what the extension of the present
law, and this is where some of the confusion, I think, came Because
I was led to believe from thos kind of comments -- and these are in-
formal discussions that I had with various people; that they were sort
of accepting their fate, sort to speak, but they didn't like it - but
Special
Selectmen's Meeting June 16, 1977
it wasn't as bad as the other thing - was more palatable alatable And I
thought, gee that's nice the both sides are trying to get together on
a compromise So some of the confusion carne from a remark that I made
to, I think to Marge, on Candidates Night and Marge questioned me on
it that "I don't understand", and this is where some of the confusion
lies But these private remarks and comments and discussions, you know,
were just that - private remarks and those individuals are not pre-
pared to say publicly what they said to me privately °
Mr Murphy I do know that every Legislator received a letter dated
April 8, which indicated very clearly in the next few days, public
service committee would report a so-called compromise bill to the
Senate on compulsory binding arbitration for both the fire and police
This is not a compromise, and I think it's very clear in their munici-
pal position that the signatures by presence, so whatever occurred any
place else is beyond me; because I try to check and see who may have
been at any senator actions
Carol Amick At no time did I mean to imply that it was Bill
Mrs Battin Oh, no, no, but what we're trying to find out if there's
anybody in our organizations who had felt like this - who was misrepre-
senting the organization
Mr Murphy The second point, I think that Carol had indicated that
she'd only favored binding arbitration for police and fire We did
send a questionnaire to all candidates to the primary and Carol's answer
to the question "Are you in favor of extending final and binding arbi-
tration to all public employees?" Carol's answer was "Rather than giv-
ing public employees the right to strike, I would support extending
binding arbitration as long as it's not the last best offer of arbitra-
tion
Carol Amick If I said that, I did not mean it No, I'm sorry - I'm
sorry - the question was collective bargaining - I never said that,
please, don't say that I want to see it No I don't support that---
where's my answer, please let me see my answer
Mr Murphy That's a copy of it - I'll get you the original tomorrow
Carol Amick No, please -- then I misinterpreted the question -- I have
never stated publicly, and honest to God, your not going to believe
this
Mr Murphy Read the question
Carol Amick I know, I see what the question says "Are you in favor
of extending final and binding arbitration to all public employees?"
And I am not and I have never been I have always said that it is
only for police and fire and he has a retyped statement
Mr Murphy I agree - I agree
Carol Amick I would like to see my original
Mr Murphy I will be glad to
Carol Amick Because I remember a question on collective bargaining
oh, God, no wonder you asked me that the other day I'm sorry that is
not my position - it is not
489
Special
Selectmen's Meeting June 16, 1977
Mr Murphy One of the purposes of the questionnaire was to guarantee
that there was no ambiguity in anyone's position
Carol Amick I can tell you that my democratic opponent can come out
publicly, and I was even saying at coffee when people were asking me
differently -- and he wanted to extend it to all, and that I would only
support keeping it with police and fire
Mr Murphy It is on the basis of inadequate evaluation to date, I
would oppose such an extension, so he may have said something publicly
in Wilmington, but to us, he said this
Carol Amick If I said that, it was absolutely and totally in error --
or wrote it
Mrs Battin I think Mr Bailey had a question
Mr Bailey How did you vote on the Governor's amendments, Carol?
Carol Amick I voted for the first one - which will continue final
and binding arbitration, when the labor relations commission determined
that there was an unfair labor practice on the part of the town, I voted
against the second amendment
Mr Bailey What was the second amendment?
Carol Amick The second amendment would have, in my opinion, done
away with all the various aspects of my efforts on final and binding
arbitration That disturbs me though because I didn't mean to say
Mrs Battin Which this is one of the reasons we're asking questions,
Carol
Carol It sounds like everything my opponent is saying about me,
fluctuating, the only question that I remember answering and you're the
only ones who sent me questionnaires, so it had to be yours -- was,
How do you feel about collective bargaining for public employees? And
if I
Mr Murphy I can give you your answer with your own signature
Carol I have a copy at home -- I'll look it up
Woman When the chairman was talking yesterday - you heard him say
he would suggest that each of the reps that voted to extend, to ask
themselves , would they vote the same if it was Walpole Guards or the
State Police? Would you vote to give them compulsory and binding
arbitration? Why?
Carol Because when job situations where the Walpole Police have con-
tracted with difficulties you bring in the State Police and you always
have the National Guard, you always have another level that you deal
with I just can't see though you know I feel strongly that we have
got to have some way of resolving the difficulties with negotations
for Police and Fire and when you get to an impasse and negotiations
I don't support the striking - and people say oh, that's a threat, you
know they'll never strike I don't think it's a threat - I think they
will I think in Bill Murphy's town of Chelmsford, he's got a real
problem, because of what's happened out there, and I can see a situa-
tion where the firefighters might want to go out on strike
111 Bill Murphy I never told you they might go out on strike
49()
Special
Selectmen's Meeting June 16, 1977
Carol Amick No, I'm talking about --
Man. They have no intention of bargaining
Carol Amick No they have told me that, you know, that they, but it
is realistic
Carol Amick I know you look at the situation in San Francisco, and
what happened out there Firefighters went out on strike - and there
were fires, people were killed and I can't see that happening
Mrs Battin But Carol, as Representative Frank said if they under-
stand the concern than they ought to apply —that there are a lot of
public safety people on the state level and they ought to do it for
their own people in compulsory and binding arbitration - that water
and sewer people out on strike on the state level can cause havoc
Mrs Battin Mrs Miley did you have a question?
Mrs Miley You disagree with Frank?
Carol Amick Yes
Mrs Miley I wanted to bring out
Carol Amick I'm sorry all this confusion has occurred, I think
Mrs Miley We're very sorry
Carol Amick More specific, earlier you would have been unhappier
with me longer but you'd still be unhappy with me This has not
occurred because of my situation of being in the middle of a cam-
paign My opponent in the primary has the support of the two groups
that you know I have been pushing hard for the extension permanently
not last best offer, and I have not had their support and so this was
not done in any attempt to garner their support It is just a belief
that I had that we've got to have an impasse resolution procedure
for police and fire I'm sorry
Mrs Miley I would like to read into the record tonight, some para-
graphs from our January 17, 1977 selectmen's meeting "Mrs Battin
addressed Representative Amick and Dickson and informed them that the
Massachusetts Electmen's Association and the Massachusetts League of
Cities and Towns had set up a Legislative Network for meetings to be
held with our Legislators to discuss the erosion of home rule and to-
night we want to discuss three bills which are unanimously supported
by the Board of Selectmen Collective Bargaining, Local Aid, and
State-Mandated programs Representative Dickson said that he was
pleased to meet with the Selectmen and as a result of this discussion
with Legislators, he hoped it would be pursued on the hill The
Governor said that he absolutely will not approve plans that will
compromise costs in communities, and he thinks that Legislature has
got the message The Selectmen's Association is very active and
Governor Dukakis has said that money will be coming back to cities and
towns this year It is not a cherry sheet item Originally they were
talking about 25 million but it is now down in the area of 15 million
On compulsory arbitration he leaned towards an extension of time be-
yond June 30, 1977 but if some reasonable ground is struck he might
support it The Governor has suggested placing some kind of a limit
491
Special
Selectmen's Meeting June 16, 1977
on it He did not think that collective bargaining would be repealed
Representative .Amick supported the positions of the Massachusetts Se-
lectmen's Association and the Massachusetts League of Cities and Towns "
And that's what we're basing our resolutions We sent to Town Meeting
with resolutiaks, copies of which were forwarded to you and when we
presented those resolutions, we represented to the town meeting that
all of our representatives and senators did approve except Mr Dickson,
who was not sure yet; and on the basis of that our Town Meeting unani-
mously supported our resolutions including the Mass Selectmen's
Association and the Mass League of Cities and Town decision which we
supported on binding arbitration
Mr Hutchinson Recognizing where your position is today and recogniz-
ing that I'm the Town Manager negotiating these contracts, I would ask
that you reconsider your position and vote against binding arbitration
One of the things that I don't think people really realize is that
it's anti-collective bargaining, if bargaining does not take place
Now the M I T study gives reference, which I only read of in the Minute-
man, has this great conclusion by some professors that it hasn't posed
any problems; but in the same statement it points out that there are
more impasses right now than there ever have been, and that's a very
logical conclusion If you represented someone and the Town said you
were only going to be given $800 as a raise, and you really wanted $900 ,
there is another way to go, and there's fact-finding and there's bind-
ing arbitration Now, I have a friend of mine, who's a city manager
of, who no longer is, and they had a fire strike for four months And
there the city council, the elected officials and the manager said "we
will take the heat, because that's their responsibility " I just find
it incompatible, this whole idea of state mandated programs Binding
arbitration is a state mandated program, we pay the bill for that, and
I really think it's the local official's responsibility to decide
police and fire, and things like that are going So I really think
that we're eroding home rule, but more importantly we're destroying
the whole idea of collective bargaining and I think those of us who
negotiate contracts will tell you that you close all these gaps, I'm
in fact finding with the firemen and we just went back to first base,
or they did; I'm standing with the position that I made my last offer
They reserve the right there was no bad faith to do that if we couldn't
come to an agreement, but that's the idea When you go into arbitra-
tion you give as many issues as you can to the arbitrator to create
the psychology of saying He's got to give us something, and I think
we're really (1) hurting collective bargaining process (2) in fact,
endorsing the state mandated program that is paid for by property
taxes, if there's any solvent beyond the wage guidelines the Select-
men have given me we have a problem Got to go back to Town
Meeting - got to get this money (we don't have that) and I think as
one who believes in collective bargaining I think it's been generally
advantageous for cities and towns A lot of us has been managing
192
Special
Selectmen's Meeting June 16, 1977
better whether we like it or not, because the unions have come forward
We are now destroying the process that was created, and the text books
show it will not prevent strikes It will not If we get a zero
award some day from Attila the Hun you know that type of thing what
will happen is that the troops will get a little restless and they
will address this body anyway and the townspeople, and I think that's
probably the way it should be
Carol Amick But that's the binding arbitration procedure and intended
not to try to prevent that, and to try to get the two sides to come
to an agreement as quickly as possible I know it doesn't always
happen that way
Mr Hutchinson I'm saying that it's a myth to think that it's going
to conclude that it's going to prevent these events from happening,
and more importantly, were eroding the very responsibility, we may just
as well send the budget in and say we don't know what's going to happen
and let the state set it for us on a tax basis
Man Are our payrolls that big?
Mr Hutchinson You know that -- I'm asking that you reconsider - be-
cause I gather that it's down to one or two votes and you might be that
vote
Carol Amick That's what I said before, I did not say clearly enough
perhaps I should say now, I can't give you an answer on that so that
you don't know I feel very strongly about my position and always
have I would like to point out to you, I think some of you were
there the other day when we had the amendments - Many, Many amendments
were offered including the sending this bill back to the cities and
towns and putting a local option clause on the bill I voted for that
There were amendments to allow the binding arbitration decisions to
receive final acceptance from the Selectmen or the City Council I
voted for that There were, I think, 118 amendments in total I voted
for many many of them But the bottom line was that I felt that the
bill could be more palatable to me, but I felt that we needed something
You have to remember that the Police and Fire Officials were lobbying
us very hard for continuation permanently of the law This law came
before I was in the Legislature so I don't know all the background as
to how fast this occurred or whatever But we do know that making
changes in the law can take a long time I know how leadership in the
Legislature feels about this issue, and there was an attempt on many
of our parts, including my own, because I offered an amendment which
another Representative in Lexington stood up and spoke in favor of,
to change the binding article laws best offered to issue by issue;
knowing full well the League of Cities and Towns also didn't support
issue by issue There were many attempts, and many of them I supported
and I could send you copies of all and outline what the particular
amendments were and again make the bill more palatable But I still
feel that, under the circumstances , binding arbitration for police and
fire is something we need
y,.
Special
Selectmen's Meeting June 16, 1977
Mrs Battin And you are not now reconsidering?
Carol Amick Shall I say that I'll reconsider it - I don't think that's
fair I can't do that
Mrs Battin No, you would not vote to sustain the governor's veto,
at this point?
Carol Amick I don't think so I was very hopeful that the first
amendment would .go through yesterday, and I thought that was an ex-
cellent solution to everyone's problem I personally feel that the
major reason that town budgets have increased is because of rising
education costs and again I'm referring to the Selectmen and M I T
Study
Mrs Battin One thing Carol, one answer to the M I T Study, that
you did point out They didn't look at the fringe benefits, when they
were saying costs didn't go up appreciably and the fringe benefits are
III as much as 45 percent; they didn't compare what's happening to tither
public employees as sort of piggy back effect and they also didn't
look at ability topay; they were derelict that way Interesting, in
terms of excessive awards, people in the audience might want to know,
continued excessive awards that seriously impact our local tax rates --
3 1 million in Worcester, $8 00 on the tax rate, this is due to deci-
sions on compulsory and binding arbitration; $200,000 award in
IIIBillerica, $4 00 effect on the tax rate; $1 million award in Newton
affecting the tax rate is $2 50; $2 6 million award in New Bedford,
$10 00 effect on the tax rate, $750,000 award in Salem, $7 00 effect
on the tax rate
Carol Amick But then it goes on to explain that in most of those
communities the awards were high because the salaries were so far
below other levels that the awards were high to bring those salaries
up to par with normal average levels, and I think some of those num-
bers you quote are due to that, for that reason
Mrs Battin In Newton was there a question of response to that
fact?
Mr Hutchinson Well, I think, the decision is what the policeman and
fireman and what town employees get is the decision of their communi-
ties, the people who are paying the bill In order to have a third
party that will come in and say, as I just had a factfinder say to me,
that he doesn't think that the cost of property taxes is a relevant
item and I had the experience of serving as an arbitrator in
Connecticut representing management and the whole issue is a total
erosion of the local government process, if it's to have any vitality,
and we worked on the middle man In the interim somebody out there
that was elected, said do certain things ; those things were adopted
by drug constituency and I recognize you have an obligation to the
state for a constituency, but I think we're capable of making a
decision to pay our employees a fair wage or not, and somehow I have
a lot of confidence that our employees will articulate very well when
they are dissatisfied to those people who are passing on decisions
,i.
494
Special
Selectmen's Meeting June 16, 1977
All of my experiences with fact finding, this is what concerns me about
Legislature like binding arbitration is that the knowing of it works
but we always pass Legislation for the lowest common denominator,
to those communities who don't do their job and I say that's their
responsibility, not ours I think that we should really look to those
communities who do negotiate in good faith
Carol Amick What if it is less than about 10 percent of the communi-
ties that are willing? Only 10 percent are willing on binding arbi-
tration because most negotiations on both sides of good faith come to
a solution May I make one other comment? Yesterday, the days are
all flowing together these days, we had an amendment for a non-binding
referendum question on this whole idea, the issue of arbitration which
has become so controversial that even though that amendment on the
floor of the house died, I voted for it by the way There's going to
be a real push to find out what the public sentiment really is, and
I certainly will support that kind of a question on the ballot
Bill Murphy I think the feeling throughout organizations is that
the Legislature does not see fit to listen to our plea that we will
take things over in the next State election
Carol Amick I think that's a good idea, because
Mrs Miley Yes, I have a question for Representative Amick Did
you speak in favor of the governor's amendment yesterday?
Carol Amick No, I didn't
Mr Busa I just wanted to have the record clear now, that if
you're elected a Senator you will not support the governor's veto
Carol Amick That is correct
Mr Busa That is correct And there are two other things that
disturb me You say you spoke to other representatives of towns that
would form your opinion of why you voted that way Were they representa-
tives of the towns you represent or representatives of other towns that
you don't represent?
Carol Amick They were representatives of towns I represent and
representatives of towns I don't represent, and Legislators from across
the state and Selectmen from other towns and Fire and Police officers
from other towns and different people who sat in on the different dis-
cussions that I sat in on with a committee on public service
Mr Busa. But there were representatives from Lexington, Bedford,
Billerica that said
Carol Amick I'm not saying there were any of you
Mr Busa No, No But you said elected officials in Bedford and
Billerica spoke to you privately
Carol Amick I said representatives - people from my community
Mrs 'TBattin No, we're asking about the elected Boards of Selectmen
in these three towns You had said the municipal positions
Carol Amick They never said a word to me one way or the other
0 K , the only people that I have heard from officially are from the
Boards of Selectmen of Bedford and Lexington
a
4 9::
Special
Selectmen's Meeting June 16, 1977
Mrs Battin And Al was asking whether they privately had told you
Carol Amick None of the members of the Board of Selectmen - I didn't
mean to imply that I meant people in the community who had spoken to
me But the discussions that have been held by public service, like
the public service communities, included individuals from various
communities who were also interested in this Other representatives
who are also concerned about the compromise, concerned about the
extension of the law permanently which is what they were to vote You
know the unions were lobbying for it
Mr Busa, I understand that portion of politics, but you know you
made the statement previously that someone spoke to you privately you
don't want to divulge who they were, but they were elected officials
and I assume ---
Carol Amick No, I am sorry, I meant someone who is on the staff of
the League of Cities and Towns,Selectmen's Association - yes, one of
the people who works for one of those organizations are the individuals
I mean
Mr Busa But they were outside your constituency?
Carol Amick That's correct but I was led to believe they were
representing those organizations
Mr Busa The only other question that disturbs me, is that the
greater the lobby, the better you listen or do you listen to both
and then
Carol Amick No No No
Mr Busa You had quite a bit of lobbying against the bill - from
the Police and Fire Department
Carol Amick Oh, yes, they were very unhappy with my position - they
still are
Mr Busa This is what confused me; at one point you said --
Carol Amick I have told them that I felt that one of the Governor's
amendments was a good idea, because I told them that I didn't like the
extension of last best offer permanently, if this is what they want,
because I told them that we want to wait and see for the next two
years and see what happens under this legislation with the Legisla-
ture, the Public Service Committee, etc , watching this more closely
then has obviously occurred in the past Because I told them that
I was going to offer amendments and support others allowing discretion
to go back to the cities and towns No, they are not happy with me
They want a permanent extension
Mr Busa I become confused
Mrs Battin We do have to go to Burlington
Mr Busa You did say that being in a political campaign and the
lobbying for this bill was that you took it under consideration that
the lobbyists were coming at you and they were very strongly in favor
of the extension of the binding arbitration bill
Carol Amick Permanent extension
Mr Busa You didn't say that
496
Special
Selectmen' s Meeting June 16, 1977
Carol Amick What did I say?
Mr Busa I can't quote you word for word
Mrs Battin Carol, if you know anything about negotiations you know
you always ask for more than you expect to get They were asking for
a lot more than they expected to get - they were hoping that you would
vote for two years - that's what they really hoped for, and I can tell
you they would be very happy
Carol Amick They may be, sure, I'm sure they are happy because of
the alternate that you had suggested was nothing at all, but they
don't want to have to fight this again They wanted the permanent
extension, that's what their lobbyists -- Other legislators and they
were very unhappy, supposedly they had told us this was a public ser-
vice committee because public service only came up with a two year
extension, and public service included, which was then struck out by
the Senate, which made me unhappy with provision that this would be
studied officially for two years by this special commission made up
of nine unions and union people local officials
Mrs Battin I'm afraid we do have to go to Burlington now, unfortu-
nately Is there anyone who hasn't spoken - Bill or your colleague?
Mr Philip Currier The only problem I have Carol is that if you
truly believe in the triggering mechanism, well, I should think you
would support the veto, hoping that the Governor might come back, or II/the Legislature might come back with a compromise, which would in-
clude the trigger
Carol Amick The Legislature is going to have the vote from both
branches with or without me there to extend binding arbitration
Mrs Battin Not in the Senate Carol It's a matter of one vote -
it's very close in the Senate Senator Harrington's calling it
very close - can make a difference, and I think that's a good idea,
if you sustain his veto then we have a chance of getting what you
say you'd like and all of us can work for it
Carol Amick I certainly will contact the Governor and President
Harrington to find out if my one vote would make that difference,
and I would again support the Governor's first amendment, that
triggering mechanigm. Definitely
Mr Hutchinson Senator Harrington told me today, Carol, that he does
think in the Senate that it will be extremely close - coming down to
one or two votes for over-riding, so I would say that every vote will
be critical
Mrs Battin Ifou sustain it -- then we can all work together
Y g
Mr Hutchinson I think you should talk with him - feels it will be
close - he told me that as recently as 3 30 this afternoon
Carol Amick That's more recent then my information
Mr Kent I would only add that Mr Hutchinson said arguments with
respect to this would lead you to support the Governor's veto
Mrs Battin You don't have to commit yourself, you can surprise us
Carol Amick I don't want to - I might say the wrong thing again
L
497
Special
Selectmen's Meeting June 16, 1977
Mrs Miley Just watch the votes, that's all
Carol Amick I believe that there are the votes in the Senate, and
I have not had the time to do all the checking and depending on who's
going to vote which way, but I will definitely check on that and I
will be in touch with you from all the communities because if that's
the case, if I could be that pivotal person, I can understand your very
very grave concern about talking with me
Mrs Battin It is grave
Mr Murphy What I would think is whether that vote is pivotal or not
whether it's one in a losing cause, we think it's important to make
it Sometimes it's better to go down with the ship, then to worry
about if I'm going to be on the winning team or losing team I think
you should be on the side where the issue is
Carol Amick I often go down with the ship in the Legislature be-
cause I usually come in the minority when things are voted, but I
guess it comes back to whether we want binding arbitration at all or
not As far as that question, I will check my copy if I can find it
in my house, and if that is the case that that is what I said, I'm
going to send you a letter
Mrs Battin Well thank you very much for coming at such a busy time
and I'm sorry that we have a meeting with the Burlington and Bedford
Selectmen in Burlington
Adjourned -
Upon motion duly made and seconded, it was voted to adjourn at
7 46 p.m
A true record, attest
Executive Clerk, Selectmen
48
SELECTMEN'S MEETING
June 20, 1977
A regular meeting of the Board of Selectmen was held in the Se-
lectmen's Meeting Room, Town Office Building, on Monday, June 20, 1977
at 7 30 p m Chairman Battin, Mr Bailey, Mr Busa, Mrs Miley, and
Mr Kent; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs
McCurdy, Executive Clerk, were present
Reorganiza- The meeting was called to order by the Executive Clerk
tion of Mr Busa stated that there had never been a call for reorganization
Board of the Board and because there is to be a recount (of the votes cast in
the June 13 special election for a Selectman) , he felt that the Board
should continue to proceed in the same manner After the recount, the
Board could reorganize
Mr Cohen said that there is a possibility of a recount but he
didn't know that one had been requested However, it was perfectly
legal to have reorganization this evening The newest member of the
Board, Mr Kent, had been sworn in, which is absolutely legal The Board
can always reorganize anytime they want
Mr Busa said that he understood what Mr Cohen was saying but we
have a Vice Chairman in position and somebody has to ask for reorganiza-
tion He realized that at some point in time that the Board may reorga-
nize if they wish, but there is nothing under the Town Manager/Selectmen
Act that calls for reorganization notice proceedings for a Chairman of
the Board of Selectmen
Mrs Miley commented that she didn't remember that there was a re-
quest last year for reorganization when she carne on the Board
Mrs Battin said that she would check with Town Counsel but , after
an election, she understood that there is a new Board and the first
order of business, by custom, is reoganization The Chairman, or the
person acting in the capacity of Chairman the week before, places it on
the next agenda as the first item-which she did automatically, as other
Chairmen had She asked Town Counsel if the Board could continue with
the same structure even though there is a new member? She asked,
"Where it is not mandated, we are not obliged to reorganize "
Mr Cohen recommended a poll of the Board
The Executive Clerk conducted a poll of the Board on whether reorgani-
zation should be held this evening
Mrs Battin voted Yes
Mr Bailey said that his wishes would coincide with Mr Kent's
Mr Kent stated that he was aware that there may be a recount peti-
tion this week However, he had received a letter from the Town Clerk
notifying him of his election and, responding to her request, he had
been sworn in as a member of the Board of Selectmen by the Town Clerk
Town Counsel had indicated that this was done in accordance with the law
In response to Mr Bailey with respect to the procedural question,
4 9 9
Selectmen's Meeting June 20, 1977
if he is ready to proceed with reorganization, then he (Mr Kent) is
Mrs Miley voted Yes
Mr Busa voted No
Mr Bailey voted Yes
Mr Kent voted Yes
By a roll call vote taken by the Executive Clerk, it was voted 4-1
to proceed with the reorganization of the Board
Mr Busa voted in the negative
The Executive Clerk then declared that nominations were open for Chairman
the election of a Chairman of the Board
Mrs Miley nominated Mrs Battin
Mr Busa nominated Mr Bailey
Mr Bailey declined the nomination
Mr Busa nominated Mrs Miley
Mrs Miley declined the nomination
There were no other nominations, and motion was made and seconded
that nominations be closed
Motion having been made by Mrs Miley nominating Mrs Battin as
Chairman, the Executive Clerk asked that all members in favor of Mrs
Battin declare their vote by aye or nay
The Board of the Selected voted 4-1 to elect Mrs Margery M Battin
as Chairman of the Board for the ensuing year
Mr Busa voted in the negative
Mr Busa addressed Chairman Battin and said that it had been her Vice
suggestion in the past that we would nominate and appoint a vice Chair- Chairman
man of the Board of Selectmen He asked if she wished to continue with
that procedure or if she did not wish to have a Vice Chairman while she
was Chairman?
Chairman Battin said that she would like to recommend something
that had been talked about in the past, that the Board seriously develop
its own policies and procedures manual and really develop a more formal
organization, and then vote someone into it She felt that this was the
trouble before Other Boards across the Commonwealth have a Vice Chair-
man and a Clerk, and they have operating procedures written down in a
formal form The Town Manager will spend some time working on estab-
lishing goals and priorities and, also, a policies and procedures manual -
and it is hoped we could address these this summer Once we develop a
formal organization, we all could adhere to this and vote the necessary
persons into the slot
Mr Busa said that it is his understanding that Mrs Battin has had
a change of heart as she was one of the members of the Board who was
very adament that there be a Vice Chairman and that the Board go along
with it because emergencies do arise He believed that this is what
she had insisted upon, by a 3-2 vote twice, that it is necessary to
have a Vice Chairman on call at all times He wanted to know, other
than the change in the Board, why the decision not to have a Vice Chairman
500
Selectmen's Meeting June 20, 1977
Mrs Battin said that, to explain again, her personal preference is
that on most boards on which she had been serving, there have been a
Vice Chairman, a Secretary, and a Clerk She still felt it important
and strongly felt that the Board should adopt this But, since there
was dissention on the Board and confusion as to both the position as
created and a person put into it , whether it is better to do it the
other way She would go along with it if the Board chose to do it
tonight If the Board feels comfortable with it, then we would do it
tonight and put someone into the slot She asked if this is what Mr Busa
is proposing, that the Board proceed this way, and if he would like to
make a motion?
Mr Busa replied that he did not; he just wanted to know why, and
Mrs Battin had given him the reason why she had a change of heart all
of a sudden that we do not have a Vice Chairman He said that he had
not changed his mind since the Board discussed it last year and the year
before He did not think it is necessary to have a Vice Chairman, and
that the senior member could always take over in an emergency, and the
Town Manager could always take over in an emergency until a meeting is
held - and that, as far as he understand it, is what the procedure had
been We operate under the Town Manager Act and we don't need a Chairman
in a crisis situation A Chairman is only needed to run a meeting
Chairman Battin said that this is one of the things the Board must
investigate in other towns and why they do it She asked if any other
member wished to address the question?
Mrs Miley was the only member to respond and said that she would
like to delay it for a while until they had their policies and
procedures established
Chairman Battin agreed and said that it would then be looked at in
a more formal way
Guides Mr Richard John, Senior Guide, met with the Board to recommend the
appointment of guides for the upcoming tourist season
Chairman Battin welcomed the guides and said that they are often the
first contact that visitors have with the Town, and the Board has always
been very proud of the guides who have preceded them
Upon motion duly made and seconded, it was voted to appoint the
Official Guides of the Town of Lexington for a term expiring June 1,
1978
Chairman Battin presented the guides with their licenses and badges
and wished them a successful season
Renewals
Joan Barringer 22 Deering Road
Ann Carroll 8 Peacock Farm Road
Bill Fine 52 Eldred Street
Jay Gabriel 10 Winchester Drive
-Richard Gerrig 44 Eldred Street
Frederick H Hagedorn 17 Fiske Road
501
Selectmen's Meeting June 20, 1977
111
Renewals (Continued)
-Richard John 19 Saddle Club Road
Daniel Kahne 15 Dewey Road
Dikran Kaligian 30 Dewey Road
Jeff Lucas 11 Summit Road
Bill McKibbon 32 Middle Street
Peter Miller 46 Eldred Street
Carolyn Ryan 44 Eastern Avenue
Kathleen Ryan 44 Eastern Avenue
Claudia Sauermann 14 Russell Road
Charles Soparker 12 Saddle Club Road
N Jeffrey Spencer 32 Hancock Street
Richard Sutton 37 Winthrop Road
Stewart A. Sutton 37 Winthrop Road
Jim Takacs 7 Elena Road
New Guides
Bruce Baron, 236 Worthen Road
Stephen Bertolini 9 Brown Road
Marianne Brouillard 1308 Massachusetts Avenue
Charles V Ford 4 Grove Street
Tracey Hardy 6 Revere Street
John Hayden 4 Davis Road
Elizabeth Kaczmarczyk 13 Gleason Road
'James Lyons 12 Chase Avenue
Jonathan Miller 46 Eldred Street
Peter Ostrow 7 Castle Road
Yvonne Swann 6 Audubon Road
Joel Wachman 10 Diamond Road
Deborah Zeltzer 5A Eliot Road
The Lexington Housing Authority and Mr Paul MacKenzie, Chairman Lexington
of the Planning Board, met with the Board regarding LHA's application Housing
to HUD for financial assistance for 85 housing units Authority-HUD
Mr MacKenzie said that the Planning Board strongly supports the
application of the Lexington Housing Authority to the Department of
Housing and Urban Development for assistance to enhance the Town's
public housing program We are very happy to see the extension of the
scattered sites housing concept which we have supported consistently
since its inception Our support for scattered site housing has not
diminished The proposal for elderly housing at Countryside received
the enthusiastic and unanimous support of the Planning Board at the
1977 Town Meeting We continue to support the construction of public
housing at this location
Mr Temple Scanlon, LHA Director, said that they had filed with
the application that adequate services do exist in the community to
serve those areas which we are planning to construct upon
111 Mrs Miley read a resolution and recommended that it be adopted
by the Board
502
Selectmen's Meeting June 20, 1977
Upon motion duly made and seconded, it was unanimously voted to adopt
the following resolution to be submitted to the Department of Housing and
Urban Development in support of the Lexington Housing Authority's applica-
tinn for financial assistance for 85 units under the Public Housing Program.
WHEREAS the Lexington Housing Authority has applied for funding for
85 units of low and moderate income housing within the Town
of Lexington, and
WHEREAS the Lexington Board of Selectmen feel that this is a worth-
while commitment to the community as a whole, and
WHEREAS the Town of Lexington is concerned about a proper balance of
housing for all income and age groups, and
WHEREAS the Town is hopeful that efforts by suburban towns such as
Lexington are recognized as part of a sincere attempt to assist
in the solution of the housing problem in the region and the
Town, and
WHEREAS this housing is spread throughout our community as part of a
balanced commitment to low and moderate income groups;
WE the Board of Selectmen of the Town of Lexington enthusiastically
endorse said application by the Lexington Housing Authority
Chairman Battin said that it had been sent for review by Mr Michel-
son, who had been studying low and moderate income housing for LCSR, and
he suggested that we might also submit to HUD some statistics about our
employees who are not able to live in Town
The Board agreed that Mr Hutchinson is to gather some statistics
to be submitted to HUT)
Unlicensed Chairman Battin recommended that the Board sign the Warrant regard-
Dogs ing unlicensed dogs in the Town
Upon motion duly made and seconded, it was voted to sign the Warrant
to the Animal Control Officer to investigate the list of 881 owners of
unlicensed dogs in the Town of Lexington
Dog Chairman Battin read a formal application from Mrs Georgia Kapiris,
Hearing 405 Marrett Road, for a hearing on a dog owned by Peter Smith, owner of
Pete's Getty Station located on Marrett Road
Upon motion duly made and seconded, it was voted that Seldctmen Busa
is to conduct a dog hearing on July 27, 1977 at 9 00 a.m
1977-1978 The 1977-1978 jury list was presented for approval and Mr Busa
Jury List questioned whether students who are attending school a great distance
from Middlesex County should be included on the list He recommended
Selectmen's Meeting June 20, 1977
I III
that a letter be written to the Clerk of Courts asking for his opinion
Mrs Miley said that it was her understanding after a report of a
call to one in the Clerk's office that the Judge usually grants immunity
from jury duty to students However, after also speaking with a person
in Secretary Guzzi's office that we should stick strictly to the statute
and if the Judge, through communication or whatever system he uses, feels
that a certain student should not have jury duty, then that is fine
But she felt that we should go by the statute
Mr Busa explained that he was not asking for a change in procedure
but he would like to get an opinion from the Clerk of Courts
Upon motion duly made and seconded, it was voted to write to the
Clerk of Courts in Middlesex County and request his opinion on whether
students who attend schools outside of Massachusetts should be included
on the jury list
Mr Edward Tippett, President of Arlex Taxi Corp , met with the Taxicabs
Board to discuss his proposal that coupon books in the amount of $10 00 Senior Citizens
be sold through the Council on Aging to Lexington citizens over 65 Discount
years of age for taxi service Program
The Board agreed with Mr Bailey that it was an excellent proposal,
and the Council on Aging will be informed about the opportunity to take
advantage of Mr Tippett's offer
Upon motion duly made and seconded, it was voted to approve the
taxi discount program for senior citizens
Chairman Battin asked Mr Tippett to explain the question raised at Taxi Rates
the meeting of June 13 regarding a flat rate from the airport and a meter
rate to the airport
Mr Tippett said that when he first came to the company, it was a
losing proposition to go from Lexington to the airport, so we took people
from Lexington on the meter and brought them back for $11 00 The
normal Boston rate out tothere is $21 00 During the winter, it takes
2-1/2 to 3 hours for a round trip to the airport and that's less than the
wage law requires Do you people prefer a flat rate? The way it stands
now, we have been running in on the meter and taking them back on the flat
rate As you know, the new rate is going to be another $2 00 approximately
added on to each trip to the airport
Mr Busa said that the Board is concerned about a letter we received
from a citizen complaining about an added charge quoted on the rate to the
airport, and that Mr Tippett had said that it was because that person
told the driver he was in a hurry and suggested the route to take Do
you have a basic route?
Mr Tippett replied that the driver goes through Arlington to Route
16 to Route 93 to the airport The person who complained wanted to go
to Route 128 to Route 93, which is $3 00 or $k 00 more
Mr Busa said that he just wanted it to be clear and on the record
and, if we recieve complaints again that it was over and above what was
anticipated to be, we will know they took an alternate route to the air-
port
504
Selectmen's Meeting June 20, 1977
Mr Tippett said that they are the least expensive taxi in the area
If you want me to have a flat rate to the airport, it is going to cost
the people in East Lexington more by paying $14 00, where they now pay
about $10 80 on the meter Those in North Lexington would pay $17 00
and those in the Center, $16 00
Mr Cohen asked if it would be flat rate from the airport?
Mr Tippett replied that it would be flat, and they would try it
for a couple of months
Upon motion duly made and seconded, it was voted to approve the
request from Mr Tippett for a metered rate for trips from Lexington
to the airport and a flat rate from the airport to Lexington
Mr Bailey commented that this is a situation that we are going
to hear about if it is off-balance
The Board agreed to amend the Taxi Rules and Regulations under
Section VI b Rates or Fares
Mr Tippett thanked the Board and retired from the meeting
Liquor Chairman Battin read a request for a one-day liquor license
1-Day Upon motion duly made and seconded, it was voted to sign the one-
License day liquor license for W R Grace Co for a retirement party on
June 29, 1977
Traffic - Chairman Battin read a report from the Traffic Safety Committee in
Signs on response to a request from Mrs Lois Donahue, 24 Lawrence Lane, for Town
Lawrence inspection of a hedge between #15 and #17 Lawrence Lane; also, a re-
Lane quest for "Caution Children" signs
After discussion, the Board approved the recommendations
Upon motion duly made and seconded, it was voted to accept the
recommendation that no action be taken at this time regarding the hedge
between #15 and #17 Lawrence Lane as it is on private property Also,
to approve the recommendation for the installation of "Caution Children"
signs on Lawrence Lane
The Public Works Department is to be instructed to make arrange-
ments for the installation of the signs
Traffic - Chairman Battin read a report from the Traffic Safety Committee in
Stop Signs response to a request from Mrs Katherine C Heye, 16 Williams Road, for
Williams & Stop signs at the interesection of Williams Road and Wyman Road
Wyman Road The Board accept the recommendation that Stop signs are warranted
Upon motion duly made and seconded, it was voted to amend the Traffic
Rules and Orders of the Town of Lexington by adding to Article 8, Sec-
tion 22, Schedule 7, the following
STREET LOCATION REGULATION
Williams Road Northeastbound at Wyman Road Stop
Williams Road Southeastbound at Wyman Road Stop
Approval of the State D P W will be requested
505
Selectmen's Meeting June 20, 1977
111
Chairman Battin read a request for a square dance Square Dance
Upon motion duly made and seconded, it was voted to grant permission
to Five Fields, Inc for the annual July 4th square dance on July 2,
with a rain date of July 3, from 7 00 p.m to 11 30 p.m
Upon motion duly made and seconded, it was voted to approve the Minutes
minutes of the Selectmen's Meeting held on June 6, 1977
Chairman Battin read a request from the Pennsylvania Society of the July 4
Sons of the Revolution for simultaneous bellringing on July 4 in the Bellringing
Town
Upon motion duly made and seconded, it was voted to refer the re-
quest for simultaneous bellringing on July 4 to the churches in Town
for their consideration
The Board discussed two bills received from Middlesex County, one Middlesex
for $26,675 79 for a deficit incurred for the alcoholism unit at the County
Middlesex County Hospital; the other for $28,034 46 for raises for Additional
County employees Billing
Chairman Battin wondered if collective action could be taken by
cities and towns to see if it would be possible to refuse payment
Mrs Miley had talked with Town Counsel and Mrs Battin had talked
with Mr Odell, Chairman of the Middlesex County Association, and he
had decided that the best way to work was through the County Advisory
Board, of which he is Vice Chairman and Mrs Miley is our member
Mrs Miley said that the second bill was sent to the Board of
Assessors and she happened to hear about it She recommended that
better communications be established in town offices so that we will
know exactly what bills are coming in, and to what office She had
talked with several towns and, at her suggestion, Bedford was going to
hold up payment for a short while to see if they could muster some
support In talking with Mayor Mann of Newton, he said that there
was no way we could possibly put this off; regarding the bill for
raises for County employees , he said that since the State is giving
raises and towns are giving raises there is not much we can do about
it Mayor Mann also suggested that the County Advisory Board push to
see if the hospital can be put under private auspices rather than as
a County function, and that may be the next step to take In the
meantime, it looks as though we are going to have to pay $26,675 79
by July 1 and the other one for $28,034 46 by June 21
Mr Busa asked what would happen if we don't pay them? He
suggested that perhaps we should go along with Bedford until we see
what can be done; to either pay an installment or at some time in the
future when we have funds available
Mr Bailey recommended that any action by the Board would be for
payment to go through routinely He said that the only way the Board
is going to cope with this is before the fact Once the bill is in
hand, the ballgame is over
506
Selectmen' s Meeting June 20, 1977
The Board agreed 11/
Mrs Miley said that she had heard from the County Advisory Board
office that Dracut is sending letters to their legislators requesting
that they support the Middlesex County Advisory Board's recommended
cuts in the FY 78 County budget She suggested that the Board also
do this and include the Governor and the Committees on Counties to
let them know that we are concerned
The Board agreed
State Aid- Chairman Battin read a request from Mr John McSweeney, Director
Highways of Public Works, to sign the forms for State Aid for Highways
Upon motion duly made and seconded, it was voted to sign the
1977-78 forms for accepting State Aid for Highways , in an amount
yet to be determined by the Massachusetts Department of Public Works
State Aid Office, District #4
Permit - Chairman Battin read a request from the Lexington Minute Men
Minute Men Upon motion duly made and seconded, it was voted to grant permis-
sion to the Lexington Minute Men to use the Battle Green on June 26
at 2 00 p m for the installation of officers; also, to allow the
Minute Men to fire a cannon with the understanding that the necessary
permits are received from the Police and Fire Departments
Lexington Chairman Battin informed the Board that a letter has been received
(Housing from Secretary Glynn of the Executive Office of Communities and
State Appt Development informing us of his appointment of Mr William T Spencer
to the Lexington Housing Authority for a term expiring January 27, 1982
Affirmative Mr Hutchinson informed the Board that the affirmative action plan
Action is being reviewed now, and he recommended that an appointment be
scheduled with the Personnel Advisory Board of July 11 for discussion
of the plan
The Board agreed
Future Mr Hutchinson added that he will bring in his recommendations on
Appts July 11 for appointments to the Council on Aging and the Historical
Commission
Frasca Mr Hutchinson recommended that no abatement of sewer betterment
Sewer be granted to Mr Rocco M Frasco, 987 Waltham Street, the Engineer-
Betterment ing Department had reviewed Mr Frasca's request and agreed that it
should be denied
Upon motion duly made and seconded, it was voted to accept the
Town Manager's recommendation that an abatement should not be granted
on the lot owned by Mr Rocco M Frasca
Moon Hill Mr Hutchinson reminded the Board of the hearing on July 13 on
Sewer the Moon Hill sewer project He informed the Board that the Assistant
Town Engineer will meet with them on June 27 regarding complaints
about the project
507
Selectmen's Meeting June 20, 1977
Mrs Miley that at if you look back into the records, the Se-
lectmen did approve the route of the sewer on Moon Hill
Mr Hutchinson replied that he understood that is correct There
is a requirement for another administrative hearing and we will update
all the information
Mr Hutchinson discussed the surcharge and backflow of sewers and Sewer
advised the Board that the Inflow/Infiltration study, which is in the Problems
process of being embarked upon and will be completed in 1978, will
identify some of our infiltration problems After that, Phase 2 will D
require additional study work on the operational routing and mainte-
nance of the system Phase 3 calls for specific plans and specs to
be prepared with major renovations to the sewer system So all of
these steps are in the process During periods of heavy rain, we have
an overflow problem
Mr Bailey asked for a Health Department report through the Manager
on what steps they think should be taken in North Lexington to put an
emergency plan into effect if we had to By planning ahead, we could
do a lot more to minimize the impact of the pumping We could construct
proper lagoons and proper facilities and be ready for it when it happens
Mr Hutchinson agreed to have a written report for next week.
Mr Jerry Martin, Assistant Town Engineer, met with the Board to Chapter 90
discuss the Chapter 90 Hancock Street reconstruction project Hancock Street
Mr Martin said that we have been through four Town Meetings for
Chapter 90 on Hancock Street The State has now completed their final
design, which is essentially the same as the initial concept of four
years ago There have been four informational meetings and public
hearings held each year along with our regular street program
The design calls for a 26 ft pavement with vertical curb on both
sides; a sidewalk on both sides and, where possible, to have a 2 ft
grass strip The overall job is 2850 ft with the area within the
railroad being done by Town forces It is 75 percent State and 25
percent Town funds We will be coming back in two weeks to request
the Board to vote an intent to take temporary construction easements,
and we have notified abutter of this The plan is in Engineering and
we will meet with abutters anytime to discuss it with them
Mr Bailey recommended, and the Board agreed, to have an informa-
tional meeting on Hancock Street in Cary Hall on June 29 at 7 30 p.m
It was also agreed to post a meeting of the Board of Selectmen for
that evening Mr Martin will notify all abutters of the meeting
Mr Hutchinson discussed a letter from Mr John C Przyjemski re- Cliffe Ave
questing that the Board resolve a problem with the property line be- Boundary
tween his home at #84 and the adjoining lot at #88 Cliffe Avenue Dispute
The Board agreed with Mr Hutchinson that this is a civil matter
between neighbors and Mr Hutchinson is to so inform Mr Przyjemski
Upon motion duly made and seconded, it was voted by 5-0 roll call
508
Selectmen's Meeting June 20, 1977
Executive vote too into Executive Session to discuss the reputation of indi-
viduals
Upon motion duly made and seconded, it was voted to adjourn at
9 30 p.m
A true record, Attest
Executive Clerk, Selectme
III
1
1)9
S H;I,ECTMEN'S MEETING
June 27, 1977
A regular meeting of the Board of Selectmen was held in the Se-
lectmen's Meeting Room, Town Office Building, on Monday, June 27, 1977,
at 7 30 p m Chairman Battin, Messrs Busa and Kent and Mrs Miley;
Mr Hutchinson, Town Manager, Mr Cohen, Town Counsel; Mr McSweeney,
Director of Public Works/Engineering; Mr Martin Assistant Town Engineer;
Miss Casey, Principal Clerk were present
The Chairman read a request from Mr Arthur Berner, 54 Gleason Block
Road for permission for the residents of Gleason Road to hold a Block Party
Party on July 3, 1977 with a rain date of July 4, between Simonds and
Fuller Roads from 2 00 p.m until 11 00 p.m
Upon motion duly made and seconded, it was voted to grant per-
mission to the residents of Gleason Road to hold a Block Party on July
3, 1977 with a rain date of July 4, between Simonds and Fuller Roads
from 2 00 p.m until 11 00 p.m subject to the regulations of the Town
Manager and the Police Department
The Chairman informed the Board that the Town Clerk had requested Certification
the certification of the number of ballots cast on election June 21, of ballots
1977 Mr Busa questioned whether or not the Board can certify votes June 21, 1977
that it did not count Mrs Battin called on Town Counsel for his
advice who stated that the Town Clerk has to attest the document and,
therefore, saw no objection to the certification by the Board
Upon motion duly made and seconded, it was voted to certify the
number of ballots cast on the election of June 21, 1977 as 2,626 ballots
The Chairman read a request from the Director of Public Works/ Sidewalk
Engineering to have the Board sign the Sidewalk Construction Contract Construction
#77-2-E previously awarded at a Board of Selectmen's meeting of May Contract
31, 1977 to LiDonni, Inc , Newtonville, Massachusetts for sidewalk #77-2-E
construction in the amount of $32,790 00 The authority for the LiDonni, Inc
contract is contained in Article 19, of 1975 Sidewalk Construction,
Account #5400 Highway Maintainance F Y '77, Account #5400 Highway
Maintenance F Y '78
Upon motion duly made and seconded, it was voted to sign the
Sidewalk Construction Contract #77-2-E, previously approved by Town
Counsel, to LiDonni, Inc , Newtonville, Massachusetts in the amount
of $32,790 00
In response for their recommendations relative to a request by Tax Title
Dean Curtin to purchase Tax Title Property 184 ert Assessors Map, Lot ,
Lot 184
the Chairman read a reply by the Lexington Housing Authority stating Map 72
that at its meeting of June 21, the Authority voted to negotiate with
the owner of Lot 185 (Dean Curtin) for the purchase of same The
Authority requests the assurance of the Board of Selectmen that the
510
Selectmen's Meeting June 27, 1977
Town owned lot 184 would be conveyed to the Authority if they are
successful in purchasing Lot 185
Upon motion duly made and seconded, it was voted to give assurance
to the Lexington Housing Authority to convey Lot 184 to them should
they be successful in purchasing Lot 185
Lions Club The Chairman informed the Board that the licenses for Public
Licenses Entertainment on the Lord's Day for the Lions Club Carnival on July
3, 1977 had been received in the Selectmen's Office and required the
signature of the Chairman
Upon motion duly made and seconded, it was voted to authorize
the Chairman to sign the Licenses for Public Entertainment on the
Lord's Day for the Lions Club Carnival on July 3, 1977
Cary Library The Chairman read a letter from Mr Robert Hilton, Director, Cary
Parking Lot Library for permission to use the parking lot behind the library for
a Pet Show, Square Dance, Star Party and Chalk-in
Upon motion duly made and seconded, it was voted to grant per-
mission to Mr Robert Hilton, Director, Cary Library for the following
August 4 12-4 P.M Pet Show
(rain date, August 11)
August 9 3-6 P.M Square Dance
(rain date, August 16)
August 22 8-10 P.M Star Party
August 23 9-11 A.M. Chalk in
One day Mrs Battin informed the Board that the request from the Perfection
Liquor Food Service, Inc for a One Day Liquor License for June 30 had been
License withdrawn
Moon Hill Mr Martin, Assistant Town Engineer, met with the Board to dis-
Sewer cuss the Moon Hill Road Area Sewer Projects and request the Board to
rescind their vote of June 7, 1976 of an intent to acquire certain sewer
easements off Moon Hill Road on the plan entitled "Plan of Sewer Ease-
ment from Moon Hill Road to Birdhill Road" dated June 7, 1977 and "Moon
Hill Road to Davis Road Sewer Easement" dated May 15, 1977 The vote
of June 7, 1976 was the result of an informational meeting held May 6,
1976, attended by area residents as well as members of the Board He
explained that the Town is proceeding with the preparation of a Federal
Grant Application for 90% funding for this project as well as , the
Crescent Road area sewer project and that the grant applications must
be received by the Massachusetts Division of Water Pollution by July 15,
1977 for processing He explained that the "eleventh hour" situation
the Town is in regarding Federal funding for these projects was due in
51
Selectmen's Meeting June 27, 1977
large measure to the confusion g nfus on at the State level when eligibility re-
quirements were expanded to include collection systems in order not to
lose the Massachusetts allotment of Water Pollution Control funds
which are due to expire at the end of the current Federal Fiscal Year
At the present time, the question of funding is still not sufficiently
clear, but it appears that Lexington has a reasonably good chance of
receiving a grant On June 3, 1977, a letter was sent to the Moon Hill
Road residents, with copies to the Board and Town Manager, informing
them of the status of the project and the Town's intent to proceed
with the application for the grant There was negative response from
the Moon Hill Road area residents At issue, is the question of whether
the originally recommended solution is best for the neighbors, or some
alternative solution This evolves into questions of environmental
damage, service connection costs for the abutter, construction methods,
damages arising out of the taking and neighborhood access, among other
side issues The original proposal through the easement would accom-
plish several objectives, both to the benefit of the neighborhood and
the Town as follows
1 Elimination of an 18 ft ledge cut at approximately the mid-
point of Moon Hill Road, this facilitating the flow of
traffic through this point
2 Provide for the gravity connection of all houses within
the project locus at the lowest possible connection cost
to the abutters
3 Maximize the ease of construction, thereby decreasing the
duration of contract
Mr Martin stated that after reviewing the correspondence from the four
homeowners most directly affected, and considering all of the various
other factors, he recommends that the easement route be deleted He
presented and explained an alternate design which the Engineering De-
partment feels is more desirable for the following reasons
1 It eliminates the need for any eminent domain proceedings
It is becoming increasingly clear that proceeding with any
takings in the area would further alienate the neighborhood
and result in legal proceeding ultimately costing the Town
a great deal more, both in time and money, then could be
justified
2 It minimizes environmental concerns by eliminating the
necessity to disturb "green areas" and to remove trees,
shrubs and ornamental vegetation If the easement route
were to be pursued, the neighborhood might insist upon a
full environmental impact statement as opposed to the
"negative declaration" that is presently being sought
If the Secretary of Environmental Affairs were to order a
full impact statement, the preparation time would be such
that deadlines could not be met and the potential for
Federal Aid eliminated
111
3 Functionally, it accomplishes the same aims and objectives
512
Selectmen's Meeting June 27, 1977
of the original design for all but four of the 60 plus
g g
homes serviced by this proposal The abutters may connect
to the proposed sewer by gravity connections outletting be-
low the cellar floor The four homes that would not now
meet this criteria could service any facilities above the
foundation sill elevation by gravity, any lower level
facilities would require pumping These four families
would have been serviced below the cellar floor under the
original porposal at a significantly lower service connec-
tion cost
4 These four families have indicated that they have no need or
desire to connect to a municipal sewer, and at least one has
indicated that pumping is a more preferential solution for
them
5 The recommended revisions will reduce the total contract
price by approximately $9,000 00
Mr Martin stated that there is no land acquitition in this part of the
project except a small piece down Summit Road that is part of a paper
street and some on Crescent Road project Mr Hutchinson stated that
the hope is that no one is going to come forward and stop this project
through some form of litigation or appeal to the Department of Environ-
mental Protection but one cannot be absolutely sure A hearing is being
conducted on July 13 similar to the one held on May 6 -- informational
meeting plus a hearing Mr McSweeney explained to the Board that the111
neighborhood has always been in agreement with this plan The May 6
meeting was at the request of the neighbors to satisfy their desires
to be severed and, actually, the Town is benefiting them in service
cost of several hundred dollars vs two or three thousand dollars for
service and the requirement that they would all have to pump also
means that they will not be assessed a betterment
Mr Martin pointed out that the original route is not permanently
eliminated, that at some future point in time, if the attitude of the
neighborhood changes and it is the desire of the Town to do so, it can
be constructed at a later date After further discussion, the Board
agreed to rescind the vote taken on June 7, 1976
Upon motion duly made and seconded, it was voted to rescind the
vote for the intent to take permanent and temporary easements for the
Moon Hill Area Sewer Project
CATV Mr William R Page, Chairman, of the Advisory Committee on Cable
' Mr Page Television and Cable Communications met with the Board to discuss the
following
1 Hear the results of the Committee's re-evaluation of owner-
ship and operation options
2 Act on a proposal that they do a preliminary investigation
of the possibility of forming a Lexington non-profit community
access center
3 Act on a proposal that the Cable Committee informally explore
51 3
Selectmen's Meeting June 27, 1977
interest among private operations in considering the possi-
bility of installing and operating a Cable TV system for
Lexington Assuming this could be done informally without
triggering the formal, State mandated licensing process
He explained that since the November 8 report the Committee has re-
assessed its evaluation, taking into account developments which have
occurred in other towns The chief ingredient of these developments has
been the formation of local community access centers as non-profit corp-
orations to stimulate and facilitate community use of the access channels
(for local programming) mandated by the Federal Communications Commis-
sion. With the new development of the formation of local community
access centers as non-profit corporations to stimulate and facilitate
community use of the access channels it appears that such a center
could probably operate successfully under either private or municipal
ownership and operation The Committee now feels that either private
or municipal ownership would be suitable for Lexington Secondly, the
Committee asked for permission to do some preliminary investigation of
the feasibility of forming a Lexington non-profit access center There
was some question raised as to whether or not contacting private organi-
zations would trigger the licensing mechanism The Board recommended
that the Committee discuss the problem with Mr Bailey in consultation
with Town Counsel and the Committee agreed to take the initiative in
this respect
Mr Busa raised the question as to whether or not Lexington really
needs Cable Television
After further discussion, the Board indicated their willingness
to have the Committee proceed with their studies as outlined in their
presentation
Mr Page, Mr Shapiro and Mr Ward, who accompanied Mr Page re-
tired from the meeting
The Board discussed the Traffic Safety Committee report of June Traffic
15 relative to the traffic problems on Marrett Road in the vicinity Minute-Man
of the Minute-Man School driveway Mrs Battin referred to Commis- School
sioner Carroll's letter of April 26 to Mr Michele G Lombardo,
Treasurer of the Minute-Man School in response to his letters of
March 9 and April 13 to Commissioner Carroll regarding the traffic
light problem Mr Carroll pointed out in his letter that there ap-
pears to be a problem as to ownership in that the agreement that the
Department has with the Town of Lexington states that "Upon comple-
tion of the installation of said traffic control signals and appur-
tenances to the satisfaction of the Department, title to said signals
and appurtenances shall vest with the Department and the Department
shall thereafter maintain said signals and appurtenances as installed,
including the cost thereof " Mr Carroll pointed out that the traffic
control signals have not been accepted by the Department He recom-
mended that the Town of Lexington take the necessary action to replace
the light standard and repair the control equipment and then arrange
514
Selectmen's Meeting June 27, 1977
a meetingwith allparties concerned to resolve anyfurther problems
relating to the matter
As a result of this suggestion, the Traffic Safety Committee met
on June 15 and submitted its report
At its meeting of June 15, 1977, the Traffic Safety Committee met
with the following people to discuss traffic problems on Marrett Road
(Rte 2A) in the vicinity of the Minute-Man School driveway
Mr Alfred D Laing, Mass D P W
Mr John Greenwood, Sheraton - Lexington
Mr Joseph Belcastro, Mass D P W
Mr James E Morris, Mass D P W
Ms Ruth W Wales, MM Reg V-T School Committee
Mr Renzol Ricciuti, MM Reg V-T School
Mr Charles E Wiggin, Spaulding & Slye
Mr George C Whelan, Honeywell
It was noted that despite the problems experienced at the school
entrance, the abuttors with existing facilities, namely Honeywell and
the Sheraton, were not experiencing any particular problems After
much discussion in this regard, it was agreed that all parties would
be willing to co-operate in working toward an upgrading of traffic in
the area
It was also agreed that the first step in improving the situation
is the commissioning of a traffic engineering consultant to perform
an indepth study of the area, including making specific recommendations
and cost estimates
The next question which was addressed concerned who should request
various consultants to submit proposals for performing the study Con-
siderable discussion yielded the conclusion that, since the entire
matter was brought up by the school, it was incumbent upon the school,
with technical aid from Massachusetts Department of Public Works and
Lexington D P W /Engineering, to request proposals for the study It
was further decided that the percentage of dollar participation in the
study cost of each abuttor would be determined at another joint meeting,
after the proposals have been received
It is the Committee's feeling that we are finally proceeding in a
positive direction on this matter It appears that the School Committee,
at least in part, now realizes that the situation is a school problem
and, even though they may rely on the Town for direction and technical
assistance, that the trust behind solving the problem solving the prob-
lem must come from the school
One other very important point which was discussed was the need for
a second access to the school Both the school and the Town believe that
J5-1 5
Selectmen's Meeting June 27, 1977
provision for a second access is a crucial part in any solution to the
traffic problems, and we will make certain it will be addressed in the
traffic study
As no sweeping changes which will improve the situation in the
near future are likely, it was additionally agreed that the Police and
Fire Department would meet with the school to work out interim measures
which will hopefully ease the difficulties now being experienced
Those in attendance were
John J McSweeney, Chairman
Chief Corr, Member
Kenneth Briggs, Member
Peter Chalpin, Member
John Blackwell, Member
Elaine Dratch, Member
Mrs Battin read the report and complimented Mr McSweeney and
the Committee for conducting such a comprehensive meeting and stated
that a copy of the report would be sent to Mr Carroll
The Town Manager submitted the names of the following people to be Council on
appointed to the Council on Aging to be effective when the By-Law Aging
change has been approved by the Attorney General Appointments
Name Term
William Sen 1980
Frayda Cooper 1980
Christina Miller 1979
Roy Weinstein 1979
John Carlson 1980
Steven Clark 1978
Anna Jackson (reappointment) 1980
Also submitted was the name of Norma Bogen to be appointed to the Historical
Historical Commission Commission
Upon motion duly made and seconded, it was voted to approve the Appointment
list of people submitted for appointments to the Council on Aging
and the Historical Commission
The Town Manager brought the Board up-to-date regarding the con- Sanitary
ference held on June 6 at the Northeast Regional Office of the De- Landfill
partment of Environmental Quality Engineering relative to the con-
tinued operation of the Hartwell Avenue Sanitary Landfill The follow-
ing order was received from Thomas McLoughlin, Regional Environmental
Engineer
1 Within 45 days of receipt of this ORDER, submit to the
.516
Selectmen's Meeting June 27, 1977
Regional Office both
Department through the Northeast Re g
preliminary operational and closure plans and a report
on the leachate study
2 Within 90 days from the receipt of this ORDER submit to
the Department through the Northeast Regional Office,
final operational and closure plans for the facility
and an alternate method for solid waste disposal
3 On or before January 1, 1978, submit a final plan for
the reduction, elimination, treatment, or control of
leachate
Mr Hutchinson stated that we are now in the process of changing
the method of operation at the landfill and he is now negotiating
with Whitman and Howard for a fee concerning the preparation of the
plans He stated that the Town is conforming with the order from the
Regional Environmental Engineer and, generally, things are going
better at the landfill He stated that the acquisition of a chipper,
requested by Mr McSweeney, would be another step in the right direc-
tion
Petty Cash The Town Manager requested the authorization of the Board of Se-
Fund lectmen for the establishment of a Petty Cash Fund in the amount of
$200 00 to be used for small and/or emergency purchases authorized
by the Town Manager This fund would be set up consistent with the
Comptroller's outline that was submitted to the Selectmen Specific
cost allocation and replenishment of the fund to be made periodically
and on the last day of the fiscal year, in accordance with the Common-
wealth of Massachusetts Bureau of Accounts Regulations
After discussion wherein it was established that each item would
be accounted for in a book in the Comptroller's Office and payment
would be made by filling out a voucher It was also brought out that
the Appropriation Committee should be notified, the Board agreed to
the establishment of a Petty Cash Fund
Upon motion duly made and seconded, it was voted to establish a
Petty Cash Fund in the amount of $200 00 to be used for small and/or
emergency purchases authorized by the Town Manager
Frink Mr Hutchinson read a letter from Mr McSweeney relative to un-
Dump Body expended balances as of May 31, 1977 of the Road Machinery accounts
Sanders for the years 1974, 75, 76 under Article 24 showing a total unexpended
balance of $12,429 22 All equipment authorized under the articles
has been acquired The Comptroller is requesting notification by
July 6 as to whether or not all or part of these balances can be
transferred into the Excess and Deficiency Account Mr McSweeney
is requesting the Town Manager and the Board of Selectmen to con-
sider two requests prior to transferring funds into the E & D account
The first request is in connection with the payment of $1,336 56 to
Taylor & Lloyd, Inc , 8 Railroad Avenue, Bedford for an additional
price increase in the amount of 7 3% for two Frink Dump Body Sanders
This represents an amount of $1,336 56 which was due to a body price
517
Selectmen's Meeting June 27, 1977
increase on the body equipment e ment included in the bid Item 2 of the
P
bid specified that Taylor & Lloyd, Inc could not guarantee the price
on the body equipment and they would make available to the Town their
invoices and charge the Town at their cost The Board questioned
whether or not the Town had a legal obligation to pay this amount
under the terms of the contract Mr McSweeney stated that there
was an agreement of understanding between the Town and the contractor
The bid came in at a time when no one was guaranteeing the prices on
the manufacture of the steel on the bodies Mr Busa questioned as
to whether or not all the bidders had the same option when the bids
were submitted Mr McSweeney stated that they did Mr Hutchinson
pointed out that in Item #2 of the bid it stated that the equipment
supplied by others cannot be price guaranteed beyond January 1, 1975
and the contractor would make invoices available to the Tnwn He
felt that was the way the bid was awarded and the Town was respon-
sible for the extra cost and the bid was awarded consistent with
what was proposed Mr Busa moved to authorize the Chairman to act
in behalf of the Board through the Town Manager and Town Counsel to
authorize such payment if there is a contractual obligation
Upon motion duly made and seconded, it was voted to authorize
Mrs Battin, Chairman of the Bnard of Selectmen, to act in behalf
of the Board through the Town Manager and Town Counsel to authorize
payment of $1,336 56 to Taylor & Lloyd, Inc if there is a contractual
obligation relative to the purchase of two Frink Dump Body Sanders
The second request of Mr McSweeney was authorization for the
purchase of a 12" Brush Chipper for use at the Sanitary Landfill,
approximate cost $8,000 Bids are being solicited with a current
opening bid date of June 28 at 10 00 a.m No money was appropriated
for the acquisition of a Chipper but the Town Manager said that the
Board does have the right to acquire equipment by utilizing the
unexpended balances of these accounts He pointed out that some of
the money is from the General Revenue Sharing and that there are
hearing requirements under the General Revenue Sharing Town Counsel
pointed out that the money appropriated by Town Meeting specified
certain pieces of equipment and a Chipper was not specified
Mr Hutchinson pointed out that at the time of Town Meeting, we
were not aware that a chipper would be needed, but that it was now
being mandated by the State and to wait until the 1978 Town Meeting
would put us in areas on the landfill Mrs Miley pointed out that
there may be a special Town Meeting in the fall and that it could be
brought up then Mr Hutchinson pointed out that it is very expen-
sive to rent the chipper that is now at the landfill and it is possi-
ble that the rental would expend the amount required to purchase one
He stated that he had informed the State that the Town was in the
process of acquiring a chipper for the landfill The Town Manager
asked Mr McSweeney if he had ever came before the Board for additional
equipment before Mr McSweeney stated that he only comes for equip-
' ment for nnney has been appropriated, but he felt that, as all the
Board had been to the hearing regarding the landfill, that this was
513,
Selectmen's Meeting June 27, 1977
an extraordinarycase and that the equipment was necessary in keeping
g
the landfill open He felt that the Appropriation Committee should
be contacted regarding this purchase He stated that if the Board
was in agreement with the purchase, the money could be carried over
and discuss with the Appropriation Committee and Capital Expenditures
Committee The Board to discuss further on July 11
Upon motion duly made and seconded, it was voted to authorize
Mr McSweeney to purchase a Chipper for the Sanitary Landfill and to
carry over $8,000 for such purchase
This will leave an approximate balance of $3,100 return to E & D
from the original amount of $12,429 22
Taxi Mr Cohen referred tc the recent changes in the rates or fares
Rates in the Rules and Regulations Governing Hackney Carriages, Taxicabs,
and Other Public Vehicles for the Carrying of Passengers for Hire
and suggested that Item VIb be reworded regarding trips out of Town
Upon motion duly made and seconded, it was voted to reword the
amendment to the Town of Lexington Rules and Regulations Governing
Hackney Carriages, Taxicabs, and Other Public Vehicles for the Carry-
ing of Passengers for Hire effective July 15, 1977 as follows
VI RATES OR FARES METERS
b For trips out of the Town, a reasonable rate may be
charged in lieu of a metered amount A driver shall
state the rate to be charged for such a trip to a
prospective passenger before initiating the same
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 strategy
with respect to litigation and collective bargaining
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
1000 p m
A true record, Attest
f
Principal Clerk, Selectmen V
I
SPECIAL
SELECTMEN'S MEETING
June 29, 1977
A special meeting of the Board of Selectmen was held in Cary Memorial
Hall on Wednesday, June 29, 1977 at 7 30 p m Chairman Battin, Selectmen
Bailey, Miley and Kent; Messrs McSweeney, Martin and Chalpin of the
Department of Public Works/Engineering and 17 citizens, twelve of which
were Hancock Street residents were present
The meeting was called to order by Acting Chairman, Bailey at 7 32 p.m
who explained that the purpose was to have an informational meeting on the
latest Hancock Street reconstruction plan submitted by the Commonwealth
Based on the outcome of the meeting, the Selectmen would vote on whether
or not to authorize the State to proceed with the plan Informa-
tional
SLOPE AND CONSTRUCTION EASEMENTS Meeting -
Hancock St
Following considerable discussion and an explanation of the nature Residents
and function of slope and construction easements, the Department of
Public Works representatives and the Selectmen acknowledged the unique
nature of some of the problems (hedges , trees , etc ) in the proposed
easements on Hancock Street The Selectmen pledged to take extraordi-
nary efforts to avoid damage, and to be responsible for repair and re-
placement when damage inadvertently occurred
PARKING
The citizens present expressed concern over the possibility of a
ban on on-street parking once reconstruction is completed After dis-
cussion, the Selectmen agreed that parking restrictions will not be
imposed when the reconstruction is completed, since experience will
be required to develop the new traffic flow characteristics of the
street The Selectmen noted that restrictions may be required at some
time in the future for reasons currently unknown and unrelated to the
reconstruction
SCHEDULE
In response to a question, Mr McSweeney noted that if the project
were approved by the Selectmen at their meeting, construction would start
by September 1, 1977 and the major portion would be completed by the
end of the construction season in mid to late November
SPECIFIC PROBLEMS
A number of specific problems and concerns were voiced by citizens
present and were noted by the Department of Public Works Among these
520
Special
Selectmen's Meeting June 29, 1977
were parking for the Hancock Clarke House and drainage problems at the
intersection of Hancock Street and Hayes Avenue
SENSE OF THE MEETING
Of those present and indicating a preference, five persons had
no objection to the proposed reconstruction as long as parking was
not restricted Nine persons indicated that they had reservations
about the proposal, rarging from relatively small concerns to not
wanting any reconstruction at all At this time, Mr Spencer re-
viewed the survey of residents he conducted in January, 1976 which
was served as the basis for the Selectmen's decision to authorize
the plans under discussion Fifteen of the citizens present expressed
the desire that parking not be restricted
Mr Bailey yielded the chair to Chairman Battin and thalmoved
that the Selectmen approve the reconstruction of Hancock Street to a
pavement width of 26 feet, with vertical granite curbing, in accordance
with the plans presented
Upon motion duly made and seconded, it was voted unanimously to
approve the plans for the reconstruction of Hancock Street to a
pavement width of 26 feet, with vertical granite curbing and to so
advise the Massachusetts Department of Public Works
Upon motion duly made and seconded, it was voted to adjourn at
9 20 pm
Minutes prepared by
F C BAILEY
Selectmen
521
SELECTMEN'S MEETING
July 11, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, July 11, 1977, at
7 30 p m Chairman Battin, Mr Bailey, Mr Busa, Mrs Miley, and Mr
Kent; Mr Hutchinson, Town Manager, Mr Jeffrey Shaw, Administrative
Assistant; Mr McSweeney, Director of Public Works/Engineering, were
present
Mr Joseph Rooney, Chairman, and Mr Temple Scanlon, Director, of HUD/LHA
the Lexington Housing Authority met with the Board to request approval Section 8
of the execution of the HUD amendatory annual contributions contract Amended
dated on June 23, 1977, which reduces the contract from $178,94+4 to Contract
$118,81+8 for 33 units, which represents a net reduction of 17 units
from the original allocation of 50 units The contract authorizes the
continuation of the program consisting of six 1-bedroom, eleven 2-bed-
room, twelve 3-bedroom and four 1+-bedroom units for five years from the
date of the original contract
Mr Busa asked if, at some point in time during the year, they
find other people in need of subsidization, would LHA go back to HUD?
Mr Rooney replied that LHA had met with HUD on June 21 and we
tried to make that point but we were told to send a letter to HUD to
that effect Mr Scanlon sent the letter and, later on this year, if
we do have sufficient applications that meet the guidelines, there is
no question but what we can make application; we don't know how success-
ful we'll be but we don't consider it a dead issue
Chairman Battin informed all that letters of approval have been
received from the Metropolitan Area Planning Council and Mr Albert
Zabin, Planning Board representative on MAPC
Upon motion duly made and seconded, it was to authorize Chairman
Battin to sign the original and four copies of the Section 8 Housing
Assistance Payments Program Amendatory Annual Contributions Contract
between the Lexington Housing Authority and the Department of Housing
and Urban Development
Mr Rooney and Mr Scanlon retired from the meeting
Chairman Battin read a request from Town Counsel to approve the Conservation
acceptance of gifts of land to the Town for conservation purposes Land Gifts
Upon motion duly made and seconded, it was voted to approve the
acceptance of the following gifts of land to the Town for conserva-
tion purposes
1 Lot 99-A, Map 83; Lots 9, 19 and 20, Map 82 - from Frances
May Baskin
2 Six acres of land on Concord Avenue from State Department
of Mental Health
522
Selectmen's Meeting July 11, 1977
3 67,742 sq feet of land on Concord Avenue from Concord Avenue
Realty Corp
4 3 78 acres of land east of B & M railroad tracks in the
vicinity of Centra Estates from Moore Homes, Inc
5 10 346 acres of land adjacent to Drummer Boy Green from
Drummer Boy Trust
Jury List Chairman Battin requested approval of the jury list
Upon motion duly made and seconded, it was voted to approve the
1977-1978 Jury List, including 249 males, 172 females, total of 421
Minutes Chairman Battin requested approval of Selectmen's minutes
Upon motion duly made and seconded, it was voted to approve
minutes of Selectmen's meetings held on June 13, 16, 29, 1977
Pole - Chairman Battin read a request from the New England Telephone
Paul Revere Company and the Boston Edison Company to relocate one pole on Paul
Road Revere Road A report from Mr McSweeney, Director of Public Works,
recommended that approval be granted as the relocation is necessary
due to the construction of the roadway to the Centre Village subdivi-
s ion
Upon motion duly made and seconded, it was voted to grant permis-
sion to the New England Telephone Company and the Boston Edison
Company for the relocation of a pole in the following area
Paul Revere Road on the south side, approximately 117+ feet
west of Greenwood Street, one pole, one
pole to be removed
Comp & Mr Hutchinson discussed the request from the Massachusetts League
Binding of Cities and Towns for agreement to an assessment of $350 as Lexington's
Arbitration share of the services provided by Jack Walsh and Associates for polling
Survey of citizen attitudes relative to compulsory and binding arbitration
In addition, the consultant will analyze the data and recommend political
strategy to be used to gather the required signatures and to place the
issue on the November 1978 ballot
Mr Busa raised the questions of how many cities and towns would
participate for $350 each, and how much money was involved for the
consultants to produce the entire package
Chairman Battin agreed to come back to the Board with the necessary
information after she attends a meeting of the Mass League on July 12
Whitman & Mr Hutchinson recommended that the Board sign the Inflow-Infiltra-
Howard - tion contract awarded on July 19, 1976 to Whitman & Howard, Wellesley,
I/I Study for Engineering services on Phase I of the project, in an amount not to
exceed $67,000 The authority for this contract is contained in
Article 25 of the 1976 Annual Town Meeting for an Inflow/Infiltration
Study; also, a letter of approval dated April 21, 1977 from the Water
52:
Selectmen's Meeting July 11, 1977
Resources Commission, Division of Water Pollution Control, and a letter
from the Environmental Protection Agency dated April 19, 1977 approving
a grant of $52,586 Mr Hutchinson added that this project is consis-
tent with the plans we have discussed with Burlington and Bedford
Upon motion duly made and seconded, it was voted to award the
Inflow/Infiltration contract with Whitman & Howard in an amount not to
exceed $67,000
The Board accepted the interim contingency plan for sanitary sewer Sewer
system overflows, as recommended by Mr Hutchinson and Mr McSweeney, System
Director of Public Works/Engineering The report from McSweeney Overflows
stated that each division head and supervisor, in cooperation with the
Health Director, will use this plan as a guideline for any future
problems that we might encounter In the meantime, his office, with
the assistance of Health Director Smith, will be making necessary
arrangements with the Towns of Burlington, Bedford, Massachusetts
Division of Water Pollution and Control, Division of Environmental
Quality Engineering, and the Metropolitan District Commision-Sewer
Division, in an effort to provide a solution to the problem
Mr Hutchinson advised that he will come back to the Board at a
later meeting on the next phase of the plan after Mr McSweeney meets
with the Metropolitan District Commision and other involved State de-
1 partments
INTERIM CONTINGENCY PLAN FOR SANITARY SEWER SYSTEM OVERFLOWS
1 Arrange for a meeting with Mass Division of Water Pollution Control
and Department of Environmental Quality Engineering for input on
acceptable chlorination methods, and discharge permits
2 Provide for improved communications between the Towns of Burlington
and Bedford for early warning system in the event that sewage over-
flows seem imminent
3 Develop a contingency plan for furnishing and/or stockpiling suffi-
cient quantities of chlorine and hay to facilitate chlorination of
the discharge of sewage effluents should this become necessary
4 Increase the public awareness that discharge of storm water into a
sanitary sewer is in violation of sewer use regulations This to
be done either by inserting a flyer with the water bills or through
the local newspaper, or both
5 Accelerate sewer cleaning and maintenance program, especially in
critical areas Also, request similar activities by the Metropoli-
tan District Commission on the receiving sewers
6 Surcharge North Lexington Sewer System to minimize flows coming into
critical points (Vine Brook Area)
524
Selectmen's Meeting July 11, 1977
atKiln Brook as opposed
7 Overflow North Lexington Pumping Station to
to Vine Brook This to be done by constructing hay bale dams to
trap solids and improved chlorination methods to be developed
8 Provide for a standby pumping arrangement at Brookwood Road also
adopting hay bale dams, and improved chlorination procedures as an
emergency back-up to the North Lexington overflow
9 Undertake a quarterly sampling program of the water quality in Vine
Brook to establish baseline data from which the effects of sewage
overflows can be measured Baseline data will be available on Kiln
Brook as a result of the Sanitary Landfill Water Quality Study
10 Initiate inflow-infiltration studies as soon as possible to reduce
sanitary flows
Contract Mr Hutchinson informed the Board that bids have been received for
78-1-E test borings in various locations for the purpose of designing roadways,
Test Borings various underground utilities and structures, as needed on a periodic
basis He recommended that the contract be awarded to the lowest bidder,
Soil Exploration Corp , Stow, Massachusetts , in the amount of $4,470
Authority for this work is contained in various articles, depending upon
the purpose of the project
Upon motion duly made and seconded, it was voted to award Contract
78-1-E to Soil Exploration Corp in the amount of $4,470 for test borings
in various locations in the Town of Lexington
Personnel Mr John Butler, Chairman, Mr James Crain and Mrs Joanne Small
Advisory of the Personnel Advisory Board met with the Selectmen to discuss the
Board affirmative action plan
Mr Hutchinson informed the Board that the Personnel Advisory Board
has been working with administration on an affirmative action plan and
we are having a better response, the character of the work force will be
more reflective of a metropolitan society involving women and minorities
We feel that recruitment efforts will help in training and job develop-
ment The most recent experience has been the appointment of a women
patrolman, who is now at the State Police Adademy We did have 25 women
applicants and approximately 15 minority applicants for the firefighters'
examination More people are coming forward to apply and this in itself
ought to help produce some of the changes demonstrated by the Town
through affirmative action
Ms Small said that the Personnel Advisory Board is concerned about
applicants They are not talking about hiring 100 people a year but
talking about a select number of job openings, and they are concerned
that the basic pool be broadened Unless we have a mix in the pool,
we are not going to have a mix in the work force In order to accomplish
that, we have to take the time and the thought to recruit where we might
not have done it in the past We are seeing that this will become part
of doing business in Lexington
525
Selectmen's Meeting July 11, 1977
Mr Busasaid aid that it really bothered him that a lot of people
feel that Lexington has never had an affirmative action program He
did not want anyone to think that Lexington is now doing something
new, for as long as he has been in Town, and on the Board, Lexington
has always had affirmative action, equal opportunity, and equal
hiring Just because it doesn't show it at this point in time, it
wasn't because of a lack of effort but because of a lack of people
coming forward who wanted to work in the Town of Lexington
Mr Butler said that the Personnel Advisory Board had looked at
this and one of the first things we would encourage the Selectmen to
consider is a written statement of policy with respect to past practice -
to clarify exactly what the policy of the Town is, in order that people
who might be employed in the future, and more importantly people who
work for the Town now, would hear about it When we first began our
work in 1974, there were many policies and practices in the Town that
we hadn't brought together in a codified personnel policy PAB feels
that in order for the Town, as professional personnel people, to meet
its responsibilities, it should as widely as possible seek people to
carry out jobs and be sure that personnel policies are understood by
everybody, and being acted upon The simplest way to state this, in
management terms, is a process of management by objectives; this is an
important way one can proceed to accomplish a given role - an affirma-
tive action program which is beginning to evolve in a formal way with
adoption of reaffirmation of the policy; a way by which we, as a Town,
set forth a goal and management resolves it accordingly
Mr Kent said it appears that the focus is upon the recruitment
stage and that is where we are talking about - affirmative action rather
than, for the moment, at the appointment stage, at which time he felt
there was a consensus that equal opportunity very definitely takes over
If the results of past policies of equal opportunity are not evident -
and figures indicate that is so - to a marked degree, this may be said
to result from the absence of vigorous recruitment, which lies at the
heart of affirmative action Particularly, when we are talking about
minority groups, if we desire within a framework of equal opportunity
to achieve results, we must recognize that we are in a competitive mar-
ket with respect to minorities by definition, therefore, if we have to
achieve results by vigorous recruitment and thus affirmative action in
the sense, it strikes me as perhaps being imperative We are agreed
that equal opportunity is where we are at and the recruitment stage,
and it seems to the that we have to recognize that in order to have
equal opportunity stage meaningful, we have to do some vigorous recruit-
ing amongst minority groups - and that's what I hear being advocated
Mr Busa said that when you do vigorous recruiting on a certain
level of a group of people, you are then discriminating against the
other person who does not have that equal opportunity
Mr Kent asked if that other person has not been the effective
addressee of our recruiting efforts in the past"
Mr Busa replied that as long as he has been a member of the Board
of Selectmen, that has not been the policy
526
Selectmen's Meeting July 11, 1977
Chairman Battin said that we will advertise in all the places that
we have before and inform all the people about making application We
have to know how to word it in terms of there being equal opportunity
but affirmative action is the one further step She asked for the Board's
comments
Mr Bailey said that PABrs draft doesn't make him feel at all
defensive because they are statements of policy If we have been doing
exactly what they say, so much the better and, if we haven't, just be-
cause it is written down in a policy statement doesn't immediately
imply to him that we haven't been doing it
Mr Busa said that he appreciates PAB's efforts even though he didn't
agree He moved that the Board concur in spirit and accept the report
of the Personnel Advisory Board as policy fact
Mrs Miley said that she fully supported the Personnel Advisory
Board and moved to accept and adopt the suggested policy of the Per-
sonnel Advisory Board
Both motions were seconded and it was voted the recommendations
of the Personnel Advisory Board concerning equal opportunity and affirma-
tive action as the policy of the Board of Selectmen
The Personnel Advisory Board retired from the meeting
*See attached Page 526-A for Statement of Policy
Chapter 90 Mr Hutchinson recommended that the Board sign the Memorandum of
Hancock St Agreement between the Town of Lexington and the Commonwealth of Mass-
achusetts
for the Hancock Street project
Upon motion duly made and seconded, it was voted to sign the Agree-
ment between the Town of Lexington and the Commonwealth of Massachusetts
for the reconstruction of Hancock Street by excavation, grading, drain-
age, granite curbing, sidewalks, Class I bituminous concrete type I-1 over
a rehabilitated asphalt pavement and other incidental work
Hancock Street Chairman Battin read a request from Mr McSweeney regarding ease-
l
Easements ments on Hancock Street
Upon motion duly made and seconded, the Board voted the intent to
take temporary easements necessary for the completion of the Hancock
Street reconstruction project
Contract Mr Hutchinson informed the Board that bids have been received for
78-2-E resurfacing Concord Avenue, and recommended that the contract be awarded
Concord Ave to the lowest bidder
Resurfacing Upon motion duly made and seconded, it was voted to award Contract
78-2-E to Starrett Paving Corp , Marlboro, in the amount of $29,777 50
for resurfacing the street and necessary drives on Concord Avenue
Park Mr Hutchinson read a request from the Recreation Committee to in-
Benches- stall two park benches at Hastings Park; one on Massachusetts Avenue
Hastings and one situated along the path to Lincoln Street A number of senior
Park citizens have requested benches and it appears to be a needed improve-
ment to the Park If the Trustees of Public Trusts could find the funds,
approximately $130, the Park Department would install the benches this
Selectmen's Meeting July 11, 1977
STATEMENT OF POLICY
The Town of Lexington by ea i ss policy and moral commit-
ment to provide equal employ�it o port to all individuals with-
out regard to race, color, religion, sex, national origin or age
Any employment or personnel practice which even inadvertently dis-
criminates against any employee or applicant for employment violates
both state and federal laws and is not in the best interest of the
Town of Lexington All employment decisions, policies, and programs
have been made and will continue to be made without regard to an in-
dividual's race, color, religion, sex, national origin or age
The Town is in the process of developing and implementing an
Affirmative Action Program designed to further its commitment to the
fair and non-discriminatory treatment of all employees and applicants
for employment A major goal of this Affirmative Action Program will
be to effect the full utilization of miniorities and women at all levels
of municipal government
The Town will adhere to the provisions of all federal and state
laws governing equal opportunity in employment Such laws presently
include Massachusetts General Laws, Ch 151B, Title VII of the Civil
Rights Act of 1964 as amended, 42 U S C s 2000e, Age Discrimination
in Employment Act of 1967, 29 U S C s621; and the Fair Labor Standards
Act of 1938 as amended, 29 U S C s201 In implementing this policy,
the Town intends to comply fully with the letter and spirit of the law
The Town will, without regard to race, color, religion, national
origin or age
1 Recruit and hire persons who are qualified to perform the
defined duties and responsibilities of the position to be
filled
2 Provide all employees with the privileges and benefits of
employment
3 Promote, transfer, discipline, and discharge employees on
a non-discriminatory basis
4 Provide all qualified employees with an equal opportunity to
participate in training programs
5 Compensate all employees based upon the principles of equal
pay for equal work and measured performance
The Town Manager will evaluate and compensate all Supervisors and
Department Heads based, in part, upon the accomplishment of the goals
and objectives embodied in the Town's Affirmative Action Program
1
iAb 8
\\ I
V 0 1 0
527
Selectmen's Meeting July 11, 1977
e
summ r
Upon motion duly made and seconded, it was voted to request the
Trustees of Public Trusts for an expenditure of approximately $130
from the appropriate trust fund for the purchase of two park benches,
which will be installed by the Public Works Department
Chairman Battin discussed the establishment of goals and priori- Selectmen's
ties of the Board of Selectmen She said that she had looked at Policies &
existing policies in other towns and had gathered together copies Procedures
of Lexington's existing policies She suggested that the Board
schedule time at a future meeting for discussion in greater detail
in order to develop a process
The Board agreed
The Board discussed the request from the Planning Board for a Planning
joint meeting to fill the vacancy caused by the resignation of Paul Board
MacKenzie
Upon motion duly made and seconded, it was voted to schedule a
joint meeting and to advertise the following legal notice in the
Minuteman on July 14, 1977 "In accordance with the provisions of
Chapter 41, Section 11, a meeting of the Board of Selectmen and the
remaining members of the Lexington Planning Board will be held on
Monday, July 25, 1977, at 8 00 p.m in the Selectmen's Meeting Room
to fill, by roll call vote, a vacancy on the Lexington Planning Board "
Mrs Miley informed the Board that the School Sites Conversion Hancock School
Committee had voted at the last meeting to recommend to the Selectmen
that the Hancock School and the Town land adjoining be put under the
aegis of the Historic Districts Commission Also, to have an Article
submitted by the Board of Selectmen at the next Town Meeting
The Board agreed that no action is necessary at this time
Upon motion duly made and seconded, it was voted 5-0 by roll call Executive
vote to go into Executive Session, with no intention of resuming the
open session, for the purpose of discussing personnel matters
Upon motion duly made and seconded, it was voted to adjourn around
9 00 p.m
Typed from tape recorded minutes
4ee..f A
Executive Clerk, Selectme&
�r Y
r
528
SELECTMEN'S MEETING
July 25, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's n s Meeting Room, Town Office Building, on Monday, July 25, 1977, at
6 45 P M. Chairman Battin, Mr Bailey, Mr Busa, Mrs Miley and Mr
Kent; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel, Mr
McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Execu-
tive Clerk, were present
Executive Chairman Battin opened the meeting at 6 45 p.m and it was voted
Session to go into Executive 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 the
reputation of an individual
After discussion it was voted to go out of Executive Session and
conduct the open meeting at 7 30 p.m
Jurors At the request of the Town Clerk, the following jurors were drawn
Edwin J Maguire 127 Maple Street
James X Saunders 9 Oxbow Road
Marian E Patterson 128 Kendall Road
Thelma Reed 76 Lowell Street
Kenneth D Senne 24 Prospect Hill Road
Gordon F Currin 6 School Street
Barbara J Kowal 293 Bedford Street
New Fire Mr Hutchinson introduced the new Fire Chief, John Bergeron, who
Chief comes to Lexington from Greenfield, Massachusetts where he has been serving
as the Deputy Fire Chief After four months of intensive recruiting,
screening and interviewing by myself and an independent selection com-
mittee, John has been selected, and we are very excited about his appoint-
ment John has been a member of the Greenfield Fire Department since
1967, working his way up from firefighter to Deputy Chief He is very
active in State and National professional organizations dealing with
the fire service He has been recognized by his contemporaries for
his management capability through assignments as Fire Instructor Captain
at the Massachusetts Firefighter Academy, First Vice President of the
Massachusetts Institute of Fire Department Instructors; is a member of
the Massachusetts State Master Planning Committee, Chairman of the
Needs Assessment Technical Committee for a State-wide Master Plan for
Training and Education He holds an Associate's degree from Greenfield
Community College in Liberal Arts, and a B S degree in Fire Science
and Administration from City University of New York, John Jay College
of Criminal Justice He is an Army veteran with a communications back-
ground In Greenfield, he serves in an administrative and operating
529
Selectmen's Meeting July 25, 1977
capacity for the Fire Department We were fortunate to have many ex-
cellent candidates, with over 80 applications being received, and John
was the one candidate who had the unanimous support of the committee
as the number one candidate for this position
Mr Hutchinson said that he would like to personally extend his
thanks to the selection committee, who had given countless hours of
their time over the last four months working with him - Neil Chapman and
Frank Hazel of the Personnel Advisory Board; Paul Flynn, Concord Town
Manager; Larry Deetjen, Assistant Town Manager of Arlington; Commissioner
Paul, Boston Fire Department; Chief Arthur Yacavone, West Hartford Fire
Department
Chief Bergeron will assume his duties on August 22, 1977, and he
will be relocating to Lexington during the ensuing months
Chief Bergeron addressed the Board and the audience and extended
an invitation to all citizens to visit the Fire Station at any time,
especially during Fire Prevention Week, the first week in October He
hoped to make the Lexington Fire Department one of the best in these
parts
Board members welcomed Chief Bergeron and Chairman Battin wished
him success in his new position
Chairman Battin announced that the Board has received an invita- Police
tion from the Massachusetts State Police to attend graduation exer-
cises of the 66th Municipal Police Training Class on July 29 We have
six members of our Lexington Police Department there and members of the
Board plan to attend
Parenthetically, in speaking about the Police, the Board has Tour of
started a process of touring all departments with the Town Manager, Police Dept
and they had started with the Police Department They had an open
discussion with Chief Corr and were very pleased with what they had
seen at the Police Station Mrs Battin commended Mr Hutchinson for
starting the process
Mr Hutchinson said that the Police Department went out of their
way that day We are all pleased with what they have done
Chief Bergeron retired from the meeting
Chairman Battin read a request from the Recreation Committee to Recreation
construct, under the appropriation of $5,000 of Article 38 of the Bicycle Path -
1975 Annual Town Meeting, a bicycle path from Worthen Road to the Lincoln St
existing path from Baskin Road to Middleby Road; path to be con-
structed of crushed stone except where steep grades are encountered,
therefore subject to erosion, and are consequently to be paved
Projected construction costs by DPW/Engineering show the available
funds to be adequate to complete the work Once installed, this path
will complete the linking-up of the Res , Bridge School, Lincoln Street
field, and the Center field Chairman Battin asked for the Town
Manager's recommendation
530
Selectmen's Meeting July 25, 1977
Mr
Hutchinson said that Recreation is prepared to go forward with
Public Works integrating it with their department; there is technical
assistance available
Mr Bailey asked if the Public Works Department concurred with
the use of crushed stone?
Mr McSweeney replied in the affirmative; also, Mr Coscia had
walked the path They had used crushed stone on the bicycle path
from North Street to East Street
Upon motion duly made and seconded, it was voted to approve the
plan submitted by the Recreation Committee for a bicycle path to be
constructed from Worthen Road to the existing path from Baskin Road
to Middleby Road, with the recommendation that this path would be con-
structed of crushed stone, but areas encountering steep grades should
be paved
Hancock Chairman Battin read a letter from Mr Martin Gilman, President of
Street the Historical Society, regarding the reconstruction of Hancock Street
Hancock Their main concern is parking for the Hancock-Clarke House and, accordingly,
Clarke House they feel that it would be very desirable to have low cutaway, roll-
back curbing with berm as far as possible along the south, odd-numbered
side of the street, extending from Edgewood Road to at least the end of
their property at #35 Hancock Street If, for some reason, it becomes
impossible to have the low edge all that distance, they would require
it along the full width of their property at #35 This would be necessary
because they may be obliged at some later date to secure permission to
develop a parking area on that lot The most efficient use of the space
would be for cars to pull onto the lot by turning to the right directly
from the street
Another letter was read from Mr Bigelow Moore, 50 Hancock Street,
expressing his concern regarding drainage problems at the Hayes Avenue
intersection.
A report from Mr McSweeney stated that he had met with the State
Project Engineer regarding the queries from the Historical Society and
Mr Moore, and the State Engineer had resolved Mr Moore's question
by adding additional draining and grading at the end of Hayes Avenue
to relieve the anticipated drainage problem Mr McSweeney's recom-
mendation on parking adjacent to the Hancock-Clarke House would be to
provide the lot across the street with a 24 ft driveway opening so
that at some future date if they receive approval, parking could be pro-
vided on that property The State Engineer did not agree with the request,
and DPW concurs, for roll-back curbing along the South odd-numbered side
of the street extending from Edgewood Road to at least the end of the
property at #35 Hancock Street However, if the Town of Lexington wants
to provide this change in design, the State Aid Office would not object,
providing the Town would assume the costs of the change
Mr Busa felt that the entire street should be constructed in the
same manner as other people would come forth regarding their property
Mr Bailey agreed and recommended providing the 24 ft driveway
53
Selectmen's Office July 25, 1977
opening p g on the south side for the Historical Society lot, and to re-
tain the curbing on all the rest of the properties on the south side;
also, to approve the additional drainage
Upon motion duly made and seconded, it was voted to adhere to the
design previously voted on Hancock Street to provide a 24 ft driveway
opening on the lot across the street from the Hancock Clarke House but
to retain the straight granite curbing in front of all the rest of the
properties on the south side of the street Also, to approve the
recommendation to provide additional drainage and grading at the end of
Hayes Avenue to relieve anticipated drainage problems
Upon motion duly made and seconded, it was voted to table discussion Landfill
on fees for the sanitary landfill Fees
Chairman Battin read a notice to be inserted in the Minute-man FY 79
stating that all petitions for sewer, street and sidewalk acceptance Petitions
must be filed in the Selectmen's Office no later than September 1, 1977 Sewer, Street,
if they are to be included in the Fiscal Year 1979 Capital Expenditures Sidewalk
budget Mrs Battin advised that this should alert all interested citi- Acceptance
zens to submit petitions early and not wait until the last minute Also,
she concurred with the Town Manager's recommendation that hearings be
held in the fall rather than December or January
Mr Hutchinson said that he had talked with Public Works and, if
we could meet the demands, it would be desirable to hold hearings
earlier and decide whether they could be included in the budget
Mr Bailey requested that the Town Manager and D P W develop a
practical schedule
Mr Hutchinson agreed to prepare a written schedule for the Board
and refine the timetable of the entire process
Chairman Battin read a request from the Lexington Golf Club for an Liquor
extension of hours under the Club liquor license from 10 00 a.m to Lex Golf
12 00 p.m on two Sundays, August 7 and August 21, 1977 The current Club
Sunday hours are from 12 00 Noon to 10 00 p.m
Upon motion duly made and seconded, it was voted to approve the
request of the Lexington Golf Club for an extension of hours under the
Club liquor license on August 7 and August 21, 1977, subject to approval
under the regulations of the Alcoholic Beverages Control Commission
NOTE ABC regulations having been checked, a letter was written to
the Lexington Golf Club granting permission for an extension of the
hours of operation on August 7 and August 21 from 12 00 Noon to 11 00 p.m
Chairman Battin read a request from Town Counsel to sign the deed Wood St
conveying land on Wood Street to J Andrew Ferry and Mildred C Ferry Lots - Ferry
Mr Cohen introduced Attorney J McNicholas, who informed the
Board that he represented Mr P Heidke in order to clarify the title
to lots 225 to 230 Wood Street Years ago, there was a situation of a
tax taking on the property but Mr and Mrs Ferry have been paying taxes
since 1962
532
Selectmen's Meeting July 25, 1977
Mr Cohen recommended that the Board sign the deed at the agreed
upon price of $150 00 Authorization to convey is contained in the
1953 Town Meeting vote under Article 37
Upon motion duly made and seconded, it was voted to convey the
Town's interest, if any, in Lots 325-300 inc shown on a plan of land
recorded in South Middlesex Registry of Deeds, March 1910, Book 185,
Page 43, known as Colonial Heights, in the amount of $150 00
Bond Chairman Battin requested the Board to approve the Asst Town
Clerk's bond
Upon motion duly made and seconded, it was voted to approve the
bond for Mrs Barbara Smith, Assistant Town Clerk, in the amount of
$2,000
Sewer Upon motion duly made and seconded, it was voted to table the re-
Easements- quest from Mr McSweeney to vote an intent to take easements for the
Crescent Rd Crescent Road area sanitary sewer project
MAPC-EDA Mr Hutchinson discussed the letter from the Metropolitan Area
Funding Planning Council requesting an updated list of community projects and
priorities to be included in an area-wide list of projects for funding
under the Public Works and Economic Development Act of 1965 Mr
Hutchinson said that the Town has not filed anything at this point in
time but he would pursue the possibility of getting funding for housing
He expressed the feeling that he was not optimistic about Lexington's
chances
Joint The four remaining members of the Planning Board, Mr Zabin, Dr
Election- Clarke, Mr Friedman, and Mrs Wheaton, met with the Board of Selectmen
Planning to elect a member to fill the vacancy caused by the resignation of
Board Mr MacKenzie on June 30, 1977
Member Chairman Battin asked for nominations
Mr Busa nominated Laura Nichols
Mr Zabin nominated Frank Sandy
Chairman Battin asked if there were any other nominations?
Mr Busa said that before a vote is taken, he would like to inform
the public that interview meetings were held with all the candidates last
Friday to discuss their interests in the Planning Board, and he felt it
was very helpful
Chairman Battin said that they were delighted with the calibre of
the people who had applied
Upon motion duly made and seconded, it was voted that nominations
be closed
Chairman Battin asked for a vote of the four Planning Board members
and the five Selectmen
Dr Clarke, Mr Zabin, Mr Friedman, Mrs Wheaton, Mr Kent, Mr
Bailey, Mrs Miley and Mrs Battin voted for Mr Frank Sandy Mr Busa
voted for Mrs Laura Nichols
V400
Selectmen's Meeting July 25, 1977
By roll call vote of the four members of the Planning Board and
the five members of the Board of Selectmen, it was voted 8-1 to elect
Mr Frank Sandy a member of the Planning Board for a term of office to
March, 1978
Mr Busa voted in the negative
Chairman Battin read a request from Mr Walter Tomlinson, Jr , Denny's
Manager of Denny's #705 Inc , 435 Bedford Street to extend the hours Comm Viet
of operation to twenty-four hours under the Common Victualler license
The current hours are 6 00 a m to 11 00 p.m
Mr Tomlinson was present and Chairman Battin explained that the
Board of Appeals sets the hours of operation for restaurants and the
Board of Selectmen, when issuing the Common Victualler license, sets
the hours within those approved by the Board of Appeals Therefore,
this request must properly be submitted to the Board of Appeals
Mr Tomlinson agreed to contact the secretary of the Board of
Appeals to obtain the necessary forms
The Planning Board and Mr Tomlinson retired from the meeting
Mr Hutchinson discussed the letter received from the State Di- Ambulance
rector of Ambulance Regulation Programs citing violations found when Violations
the Town ambulance was inspected In his opinion, the expected stan-
dards are frivolous and extremely difficult to meet, and he questioned
the need for some of the requirements for the type of service that
the Town ambulance is providing He pointed out that our ambulance
was purchased and approved under the standard requirements Some of
the cited violations are in error, he felt, and waivers are currently
being sought The State says that two members of the Fire Department
with Emergency Medical Training must be on duty at all times; currently,
we have one EMT and one driver - next, they will want three EMT's
They also cited insufficient kneeling space alongside the cot; no
equipment for changing tires ; the spare tire was not in the vehicle;
no burn sheets available
Mr Hutchinson said that our members of the Fire Department are
very conscientious and when the new Fire Chief comes, he will address
the questions
Chairman Battin asked if he had any suggestions about adjustments
being made at the State level?
Mr Hutchinson replied that he is going to try to address them
about redrafting regulations that would make sense Many towns are
not able to meet these standards
Chairman Battin recommended that we work in concert with the Mass
League of Cities and Towns
Mr Hutchinson agreed
Chairman Battin read a recommendation from Mr McSweeney, Di- Water Bill
rector of Public Works/Engineering, to abate water bills Abatements
Upon motion duly made and seconded, it was voted to approve the
Selectmen's Meeting July 25, 1977
recommendation of the Director of Public Works/Engineering to abate
water bills in the amount of $9,186 85
LeBellecour Restaurant 12 Muzzey St $1032 75 Incorrect Meter Reading
Daniel J Sliski 15 Volunteer Way 30 50 " ti
Georgia Kapiris 405 Marrett Rd 29 70 " " "(owner)
Raytheon Co 141 Spring St 7195 95 " It
Albert Zabin 1 Page Rd 494 10 " It
"(owner)
Harold Frye 24 Dawes Rd 20 25 " " " "
Drummerboy Estates 9A Fifer Lane 1 00 Meter taken out
Occupant 14 Hartwell Ave 11 25 " " "
Jeff Alport 30 Bow St 339 75 Incorrect billing
David Washburn 267 Waltham St 11 25
Peter Lund 17 Cushing Rd 20 25 "
Selectmen's Chairman Battin asked if members of the Board would work with her
Operating on developing a handbook on Selectmen's operating procedures, using
Procedures Arlington, Amherst and Sudbury procedures as references
Mr Kent agreed to work with Mrs Battin
Goals Chairman Battin said that the Board had talked about developing
and a process for setting our goals and priorities, and she asked for assis-
Policies tante from Board members Mrs Miley and Mr Busa agreed to work with
Mr Hutchinson
It was agreed to bring in to the meeting on August 22 each Select-
men's list of areas in which the Board can and should develop policy
Trustees The Board agreed to refer a request for financial assistance to
of Public the Trustees of Public Trusts
Trusts - Upon motion duly made and seconded, it was voted to request the
Fahey Trustees of Public Trusts to consider an expenditure from the ap-
propriate Trust Fund to enable Miss Kathy Fahey, 144 Reed Street, Lex-
ington to attend Camp Reach, Arlington, for a period of three weeks
CATV Mr Bailey informed the Board that Mr Page, Chairman of CATV,
has asked if the committee could talk with private owners without
committing themselves
The Board agreed that the Advisory Committee on Cable Television
should just talk in generalities with private CATV companies
Flagpole Mr Hutchinson recommended that the Board authorize payment of
Final $350 00 to B A Larson & Company for repainting the bottom section
Payment of the flagpole on the Green This represents the final payment on
the new flagpole
Upon motion duly made and seconded, it was voted to authorize the
Town Manager to make the final payment on the new flagpole on the
Battle Green, in the amount of $350 00 to B A Larson & Company, under
the appropriation for Article 32 of the 1976 Annual Town Meeting
5 :35
Selectmen's Meeting July 25, 1977
Upon motion duly made and seconded, it was voted to approve the Minutes
minutes of the Selectmen's meeting held on June 20, 1977
Mr Hutchinson informed the Board that after numerous attempts Wild Acre
to meet with Dr Yudowitz regarding the Wild Acre Inn sewer, the Sewer
meeting has been scheduled for July 26
Mr Hutchinson announced that over $500,000 is being returned E&D
from remaining balances of unexpended appropriations for FY 77; the
School Department made a conscientious effort and returned $113,000,
and Town Departments returned approximately $400,000, which meant
that they did compromise on some of the projects that had been
scheduled
Mr Hutchinson informed the Board that correspondence has been Binding &
received from the Massachusetts Municipal Associations Joint Legis- Compulsory
lative Office regarding Lexington's participation in a professional Arbitration
public opinion survey to be conducted by Jack Walsh & Associates Survey
at a cost of $8,000 This consultant has been working with the
Legislative Office to design a questionnaire to be sent to a cross-
section of the Massachusetts voting population on binding and com-
pulsory arbitration They will analyze the data, do additional
research on past referendum voting patterns, and then recommend a
political strategy and organizational requirements for addressing the
question of binding and compulsory arbitration
Upon motion duly made and seconded, it was voted to authorize
the expenditure of $350 00 as Lexington's share in the survey on
binding and compulsory arbitration being conducted by Jack Walsh
and Associates for the Massachusetts Municipal Associations Joint
Legislative Office
Upon motion duly made and seconded, it was voted to adjourn
at 8 30 p.m
A true record, Attest
Executive Clerk, Selectmen
I
536
SELECTMEN'S MEETING
August 8, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, August 8, 1977, at
7 30 p m Chairman Battin, Mr Bailey, Mr Busa, Mrs Miley, Mr Kent;
Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney,
Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk,
were present
Traffic Mrs Elaine Dratch of the Transportation Advisory Committee met
Hanscom with the Board to discuss traffic congestion in the Hartwell Avenue,
Area - Bedford Street and Route 2A areas near Hanscom Air Base The Committee
FEA recommended that attention be given to promoting ride-sharing in order
Workshop to reduce the amount of traffic The Federal Energy Administration
has recently taken a strong interest in promoting van-pooling and has
sponsored workshops throughout the country, and the Hanscom area is a
natural for van-pool promotion because of the thousands of workers in
the area Therefore, the Committee recommends that the Board of Select-
men support an FEA workshop for the employers in the Hanscom area
Upon motion duly made and seconded, it was voted to sponsor an
FEA van-pool workshop to be held in Estabrook Hall on September 19,
1977 from 9 00 a.m to 12 00 Noon, and to invite all employers in the
Hanscom Air Base area to participate in this program
Guide Mr Richard John, Senior Guide, met with the Board and recommended
the appointment of Yvonne Swann as an Official Guide of the Town
Upon motion duly made and seconded, it was voted to appoint Miss
Yvonne Swann, 6 Audobon Road, as an Official Guide of the Town for a
term expiring June 1, 1978
Chairman Battin welcomed Miss Swann and presented her with a
Guide badge and her license
Battle Green Mr John referred to DPW forces mowing the grass on the Green
Mowing during tour guides, and he requested that a mowing schedule be given in
advance so that tours would not be interrupted
Mr McSweeney explained that Mr John had been in touch with
Mr Mazerall and there is a problem weatherwise, plus the fact that
there are so many areas to be mowed within the Town, i e , the Library, etc
The Board agreed that Mr John will talk with Mr McSweeney and
try to work something out
Traffic The Traffic Safety Committee, Mr Friedman of the Planning Board,
Safety and Mr Wadsworth of the Board of Appeals met with the Board
Committee Chairman Battin said that the joint meeting has been arranged to
Role discuss the role of the Traffic Safety Committee and the implications
on what other Boards do - the Planning Board and the Board of Appeals
To re-define the role and determine how other Boards will make use of
the Committee
X37
Selectmen's Meeting August 8, 1977
Mr McSweeney said that the Traffic Safety Committee has grown in
size and the Board of Selectmen has changed considerably, and we thought
it time to reaffirm the Committee's position as it seems that the work
is getting more complex
Mr Hutchinson said that he thought there was a danger of the
Committee being used as a strawman There was one recent case of it
being sent to them for observation, and they are not a Committee to do
in-depth studies - it is up to the Boards involved to do in-depth study
and it could be reviewed by Traffic Safety If you tell the Committee
to review, i e , Alexander Estates, the Committee is not geared to re-
spond It was designed originally for streets and traffic The Com-
mittee is prepared to do what the Selectmen tell them. Some things
might be beyond the scope of the Committee
Chairman Battin said that you are saying that they request the
proponents to do the traffic study
Mr Hutchinson agreed
Mr Bailey said that he would reaffirm the fact that the Committee
is a creature created by the Board of Selectmen, and to accept assign-
ments only from the Selectmen There are certain instances where we are
going to ask them to do inspections When we have a new developer need-
ing information, we should be careful about asking the Committee
Mr John Blackwell, Traffic Safety Committee member, reminded the
Board that, in the beginning, it was a Traffic Safety Advisory Committee
In response to Mr Hutchinson, these are really part of the Planning
function Traffic Safety's function is not Town planning
Mr Friedman responded that they don't have the staff to handle
much more It is a planning function and we have to be concerned with
traffic generated by any subdivision
Chairman Battin said that we told you our Committee was avail-
able but we shouldn't have to do that if you do the functioning
Mr Friedman said that he hoped they can get to doing a map of
streets by identifying streets accepted and identifying the capacity
of the streets This is definitely one of their concerns
Chairman Battin stated that if our Committee is ready to review,
you will ask through us
Mr Wadsworth stated that it is the feeling of the Board of Appeals
that the Planning Board is responsible for the Town in the future
Mr Busa said that the Board of Selectmen understands what the
Committee's function is and what they were formed for This meeting
clarifies our position on the role of the Committee He added that it
is good to have a Committee come in and clarify the role
Mr McSweeney said that he hoped the Planning Board and the Board
of Appeals know that part of their function is traffic; the same way with
the Police Department As it was said at the outset, the Committee is
only to advise you and if you end up with a traffic problem, hopefully
we will assist you in those matters
Chairman Battin said that it is up to the Planning Director to
111 use you as the Administrator
538
Selectmen's Meeting August 8, 1977
Mr Wadsworth said that everybody gets a copy of our hearing
notices and if anybody has anything to say, let us know and it is
read into our records
Mr Briggs said that we have always gone to the Committee but
the problem is in subdivision traffic coming out onto the streets
Traffic cannot be a reason for turning down a subdivision, although
we did turn one down because of the Traffic Safety Committee's
recommendation
Mrs Joan Crothers, Sewer Advisory Committee, said that from what
she had heard, she hoped there would be engineering input for troubled
areas We have something established which we would like to have
Agreement appeared to be reached on the following points
1 The Selectmen have the ultimate responsibility for rectifying
traffic problems which may be created by the decisions of
other Town Boards The Selectmen are, therefore, very inter-
ested in ensuring that all Boards understand the potential
traffic implications of the decisions they make
2 However, the Traffic Safety Advisory Committee, as currently
constituted, has only the time and the expertise to advise
the Board of Selectmen on existing traffic safety problems
which are brought to the Selectmen's attention Tradition-
ally, this has included the areas of signing, striping and
signalization, as well as citizens' requests for such items
as "Stop" signs, "Caution Children" signs, crosswalks,
centerlines, no parking areas, loading zones and traffic
signals This appears to continue to be the proper role
of the traffic signals This appears to continue to be the
proper role for the Traffic Safety Advisory Committee and,
as advisory to the Selectmen, all work should be assigned
to it only by the Selectmen
3 The serious problem does remain, however, that both the
Board of Appeals and Planning Board often need traffic
studies on proposed developments in order to make informed
decisions All present at Monday's meeting appeared to
agree that in-depth studies are properly the province of the
Planning Board and should be regularly addressed by them
If necessary, the Planning Board can require the developer
to contract for in-depLh traffic studies The Selectmen
could then, if requested, have such studies critically re-
viewed by the Traffic Safety Committee It was also noted
and agreed to by those present that all Town employees on
the Traffic Safety Committee are available and should be used
administratively as needed for traffic studies by the Planning
Director in their capacity of Town Engineer, Chief of Police
and Traffic Engineer
Bedford Street Mr Blackwell said that there is a problem of consequence to every-
Traffic body in the room having to do with traffic flow on upper Bedford Street'
539
Selectmen's Meeting August 8, 1977
between Route ut 128 and Westview He would like a working group put to-
gether to re-examine what are the alternatives already engineered
Chairman Battin said that the Board turned it over to the Trans-
portation Committee and suggested that we start out with them
Traffic Safety Committee, Mr Friedman and Mr Wadsworth retired
from the meeting
The Board discussed appointments of Democratic and Republican Election
Election Officers Ms Emily Frankovich, Chairman of the Democratic Officers
Town Committee, was present
Chairman Battin said that under G L Chapter 54 s 12, we re-
quested the Chairman of each political party to file, not later than
June 1, 1977, with the Board of Selectmen a list of enrolled members
who desire appointment as Election Officers of the Town These appoint-
ments are to be made by the Selectmen during the period of July 15 and
August 15, According to the Town Clerk, twenty-seven Eledtion Officers
from each party are required The Democratic Committee submitted a
list of thirty-three nominees but there was no response from the
Republican Committee Therefore, the Town Clerk submitted a list of
twenty-eight Republicans for the Board's consideration
Mr Busa said that he would like to go on record and notify the
citizens that two names have been dropped from the democratic list,
Mr and Mrs Joseph Rooney He didn't know about the criteria to be
on the list but his information is that all you have to be is a member
of the democratic party It seems unfortunate that their philosphy
is not what the governing body of the democratic committee wants or
needs
The Board agreed to appoint all on the submitted lists
Upon motion duly made and seconded, it was voted to appoint
thirty-three Democratic Election Officers, recommended by the Demo-
cratic Town Committee, and twenty-eight Repuplican Election Officers
recommended by the Town Clerk
RECOMMENDED DEMOCRATIC ELECTION WORKERS FOR THE 1977-1978
Mary C Abegg, 261 Waltham St
Mary N Ayvazian, 11 Dexter Rd
Lorraine C Baron, 236 Worthen Road East
Ann M Baum, 4 Wright St
Gloria J Bresnihan, 14 Holton Rd
Mary C Casey, 22 Valley Rd
Elizabeth H Clarke, 29 Moon Hill Rd
Alice A Coletta, 26 Volunteer Way
Marguerite A Cronin, 96 Emerson Gardens
Elizabeth F Downey, 1 Stimson Ave
Eileen J Fradette, 35 Grapevine Ave
Emily W Frankovich, 19 Dewer Rd
Helen G Garten, 11 Fairview Avenue
Hilda D Glaubman, 9 Blueberry La
54()
Selectmen's Meeting August 8, 1977
Herbert A. Glucksman, 67 Laconia St
Bruce S Gordon, 19 Wachusett Dr
Catherine F Hooper, 50 Valleyfield St
Helen M. Hoyle, 7 Marshall Rd
Mary C Joseph, 32 Eldred St
Rita E Kiley, 27 Wachusett Dr
Evelyn T Lawson, 63 Woburn St
Edna Marshall, 18 Oxbow Rd
John H McDonough, 123 Grant St
Henry P Meade, 17C William Roger Greeley Village
Joan Melcher, 10 Winthrop Rd
Marjorie Modoono, 285 Woburn St
Ann M Pace, 9 Wildwood Road
Margaret M Potter, 4 Lawrence La
Marie E Roberts, 53 Monroe Rd
Jean E Rubenstein, 18 Dewey Rd
Dorothy A Shine, 11 Utica St
Suzanne H Spencer, 32 Hancock St
Anne C Williamson, 150 Grant St
RECOMMENDED RHPUBLICAN ELECTION WORKS FOR THE 1977-1978
Shirley E Bullock, 17 Longfellow Rd
Gloria D Cobert, 6 Tweksbury St
Mildred M Cronin, 14 Utica St
Edith L Bernardi, 27 Fairlawn La
Caroline F Deloury, 99 Spring St
Norma E Ebbs, 5 Brent Rd
Carol A Goldthwait, 30 Baker Ave
Agnes Heimlich, 796 Mass Ave
Sally S Hooper, 282 Bedford St
Winifred F Hubbard, 114 Emerson Gardens
Mary F Irwin, 6 Grove St
Winifred C Ivester, 56 Woburn St
Caroline P Johnston, 8 Wilson Rd
Harold W Josephson, 97 Emerson Gardens
Sidney G Lindsley, 45 Eldred St
Norma B Jervis, 111 Adams St
Mary G McCauley, 75 Spring St
Irene Norcross, 50 Forest St
Helen L Perry, 16 Ellison Rd
Dolores M Swan, 18 Bedford St
A. Estelle Szalajeski, 3 Myrna Rd
Elinor M Vasallo, 145 Grant St
Virginia M. Warner, 71 Adams St
Margaret S Wilson, 103 Meriam St
Marjorie E Wirpio, 22 Bartlett Ave
Barbara M Collins, 79 Hill St
Joseph S Siders, 31 Buckman Dr
Kenneth R T Covey, 17 Patterson Rd
4
541
Selectmen's Meeting August 8, 1977
Ill
Chairman Battin read a request from Town Counsel to sign an Order Order of Takin@
of Taking for sewer easements on Marrett Road Marrett Rd
Upon motion duly made and seconded, it was voted to sign the Order Sewer
of Taking for sewer easements as shown on a plan entitled "Plan of Sewer
Easement from Existing Sewer Easement to Marrett Road, Lexington, Mass ,
dated July 27, 1976, James E Chase, Town Engineer "
Selectmen Bailey, Chairman of the Auditing Committee, read the re- Auditing
port of the Auditing Committee, which was appointed by the Board of Committee
Selectmen on April 25, 1977, had met four times, and submits the Report
following
1 The Town advertised and solicited proposals from public
accounting firms to perform an audit of the Town's fi-
nancial accounts and records for the period August 1, 1973
to June 30, 1977 All responding firms were also requested
to submit an estimate of the fee for an audit of the period
July 1, 1977 to June 30, 1978 Eleven firms submitted
proposals, including the so-called "big eight "
2 Following analysis of the proposals and discussions by the
Committee, four firms were selected for interview
Base Fee Estimate FY78 Fee Estimate
Arthur Andersen & Co $ 8,000 $8,000
Coopers and Lybrand 8,500 6,500
Laventhol & Horvath 10,500 7,500
Touche Ross & Co 16,500 9,500
These firms represented four of the five lowest estimates It was
apparent from the estimate - and acknowledged by the firms - that the
very low base estimates were the result of these firm's interest in
securing the Lexington engagement, even at a potential initial loss
All four firms indicated that the estimated fees would not be exceeded
unless the scope of audit or management services were changed Inter-
views were conducted on July 25 and 26, 1977
3, The Auditing Committee at its meeting on July 26 unanimously
voted the following
a To recommend that the Selectmen authorize the Town Manager
to engage the firm of Arthur Andersen & Co to perform the
audit voted in Article 9 of the 1977 Annual Town Meeting
b To recommend that the Selectmen designate the Town Manager
as primary working liaison with Arthur Andersen & Co
c To recommend that Arthur Andersen & Co be instructed to
address all informal and formal oral and written reports
to the Board of Selectmen and the Manager
d To recommend that the Board of Selectmen invite the Appro-
priation Committee (or its representatives) to attend
meetings at which the auditing firm is presenting reports
and recommendations
e To recommend that the Board of Selectmen dissolve the
Auditing Committee upon acceptance of this report
542
Selectmen's Meeting August 8, 1977
Respectfully submitted,
The Auditing Committee
Fred C Bailey, Chairman
Margery M Battin
Norman P Cohen
Edward E Furash
Robert M Hutchinson, Jr
Richard M Perry, Secretary
Upon motion duly made and seconded, it was voted to accept the
report of the Auditing Committee and to approve the following recom-
mendations included in the report under Item 3
a To authorize the Town Manager to engage the firm of
Arthur Andersen & Co to perform the audit of the
Town's financial accounts and records for the period
August 1, 1973 to June 30, 1977, in accordance with the
vote of Article 9 of the 1977 Annual Town Meeting
b To designate the Town Manager as primary working liaison
with Arthur Andersen & Co
c That Arthur Andersen & Co be instructed to address all
informal and formal oral and written reports to the
Board of Selectmen and the Manager
d To invite the Appropriation Committee (or its representa-
tive) to attend meetings at which the auditing firm is
presenting reports and recommendations
Upon motion duly made and seconded, it was voted to dissolve the
Auditing Committee
Mr Cohen recommended th±Lthe Board of Selectmen sign the letter
of agreement with Arthur Andersen & Co
Upon motion duly made and seconded, it was voted to sign the
letter of agreement with Arthur Andersen & Co , 100 Federal Street,
Boston, to perform the audit of the Town's financial accounts and
records for the period August 1, 1973 to June 30, 1977
Traffic Chairman Battin read a report from the Traffic Safety Committee in
Safety response to a letter from the Cary Memorial Library Trustees concern-
Committee ing problems with parking in the general part of the Library parking
Library lot The report stated that the recommendation of the Committee now,
I Parking Lot as it was when the new lot was being planned, that the entire general
part of the lot should be metered and included in the Traffic Rules
and Orders Without this, the lot cannot legally be monitored by the
police, and the purported problem of all day parkers will continue with
no means by which to stop it being available to either the Library or
the police
Upon motion duly made and seconded, it was voted to accept the
recommendation of the Traffic Safety Committee that the entire general
part of the Library parking lot should be metered and included in the
Traffic Rules and Order of Lexington
543
Selectmen's Meeting August 8, 1977
11
Mr Bailey reminded the Board that the letter from the Library
Trustees also mentioned a problem with the lot not being snowplowed
last winter, which is so essential as the Library is open except
during extraordinary conditions
Mr McSweeney explained that the Library parking lot was missed
during the last couple of snowstorms but he assured the Board that
the lot will be high on his list of priorities next winter
The Board accepted Mr McSweeney's explanation, with the under-
standing that Mr McSweeney establish the high priority of snowplowing
the Library lot
The Library Trustees will be informed by letter of the above de-
cisions of the Board
Mrs Miley mentioned that a left hand turn may now be made onto
Clarke Street from the Library Parking lot, thereby avoiding the
Center
Mrs Miley also suggested that information has been received from
people in the area, and she would like to have the parking lot behind
Depot Square metered
Upon motion duly made and seconded, it was voted to refer the
matter of metering the parking lot behind Depot Square to the Traffic
Committee for a recommendation
Chairman Battin read a recommendation of the Traffic Safety Com- Traffic
mittee in response to a petition from residents of Spring Street re- Signs -
questing "Caution Children" signs The report stated that the Com- Spring St
mittee discussed the petition and agreed that warrants are met for
such signs on Spring Street and it is recommended that four signs
be installed
Upon motion duly made and seconded, it was voted to accept the
recommendation of the Traffic Safety Committee to install four
"Caution Children" signs on Spring Street, and to instruct the
Director of Public Works to make the necessary arrangements for the
installations
The Spring Street petitioners are to be so informed
Chairman Battin read a letter from Mr George H Pierce, Jr , Lot 44
63 Valleyfield Street, stating that in 1976 the Town had advertised Valleyfield
for bids on Lot 44 located on Valleyfield Street He and Mr Masciulli Street
of 59 Valleyfield Street had signed a legal agreement that one party
would bid for the lot and then convey to the other party one-half of
said lot abutting his property Such division would allow both par-
ties the opportunity to build a garage The lot was sold to Mr
Masciulli and, for reasons of his own, he did not make known to the
Selectmen the existence of this agreement The deed granted to Mr
Masciulli gives him the right to construct a garage on Lot 44, which
he has already done, but specifically prohibits any other construction
on Lot 44 for a period of Nine-nine years Mr Pierce requested the
Board to remove this ninety-nine year restriction so that he, too, may
544
Selectmen's Meeting August 8, 1977
ontheofthe lot that abutts his property
construct a garage half p p Y
The Board agreed to write to Mr Pierce and inform him that be-
fore any further discussion could be held, he is requested to submit
a copy of the legal agreement with Mr Masciulli plus a sketch plan
showing the proposed location of the building which he wished to con-
struct on Lot 44
Chamber of Chairman Battin read a letter from the Chamber of Commerce re-
Commerce questing the consideration of the Board of providing a hall and a
Request for speaker for the New England Secondary Principal Association's field
Hall trip next May
Upon motion duly made and seconded, it was voted to refer the
matter to the School Committee as the more appropriate Town Committee
to handle the request of the New England Secondary Principal Associa-
tion, with the understanding that the School Committee could refer
back to the Selectmen for reconsideration of Cary Hall or other Town
facility being made available to the group
Bike-a-Thon Chairman Battin read a request for a bike-a-thou
Upon motion duly made and seconded, it was voted to grant per-
mission to the American Cancer Society for the annual Bike-a-Thon to
be conducted on Sunday, September 18, 1977, beginning at 1 00 p.m ,
subject to the regulations of the Police Department
Smith Dog Mr Busa informed the Board that he had conducted a dog hearing
Kapiris on July 27, 1977 on the written complaint of Mrs Georgia Kapiris,
405 Marrett Road, concerning a Doberman Pinscher named Pancho, owned
by Mr Peter Smith of 433 Marrett Road All involved parties testi-
fied under oath and Mr Barry Littleton, Animal Control Officer, read
his report stating (in part) that for approximately eighteen months
he had received various and regular complaints from several people
about Pancho running loose and being a general nuisance It would
be fair to say that Mr Smith has been unable or unwilling to control
(or have controlled) his dog
Mr Busa said that Mr Smith agreed at the hearing to remove the
dog from Lexington as soon as he could find someone to take the dog
This was also suggested by Mrs Kapiris The recommendation is to
inform Mr Smith that he either keep the dog continuously leashed or
remove the dog from Lexington within 30 days of receipt of the letter
This would give him the option of doing one or the other
Upon motion duly made and seconded, it was voted that a hearing
having been conducted on July 27, 1977 in conformance with G L
Chapter 140, s 157, upon the written complaint of Mrs Georgia Kapiris
against a dog named Pancho, owned by Mr Peter Smith, it is the finding
of the Board of Selectmen that said dog is declared a nuisance by
reason of running loose in the area of the gas station at 433 Marrett
Road, and it is therefore ordered that Pancho is to be continuously
leashed or removed from the Town of Lexington within 30 days of the
receipt of the order
545
Selectmen's Meeting August 8, 1977
Chairman Battin read a letter from the Board of Selectmen of Chelmsford
Chelmsford proposing that Boards of Selectmen/City Councillors in each Jt Meetings/
City/Town in the Fifth Senatorial District meet on a regular basis Selectmen
(every month when necessary) to discuss any problems they may have
with their State Senator, or to discuss any questions they may have of
their State Senator, in the hope of improving communications with the
local communities and the State Senate The meeting locations could
vary with each meeting and meetings held on evenings other than regu-
larly-scheduled meetings of the Boards of Selectmen/City Councils
in the communities involved
The Board agreed to support this effort to establish better
communications between communities and the State Senate and designated
Selectmen Kent as the Board's representative to meet with representa-
tives of other interested Cities/Towns to set up a process and time-
table for joint meetings
Chairman Battin read a memo from the Town Clerk that Mrs Ruth Resignation
Adams had submitted her letter of resignation as an Associate Member Historic
of the Historic Districts Commission, representing the Lexington Districts
Arts & Crafts Society, effective August 1, 1977
Upon motion duly made and seconded, it was voted to accept, with
regret, the resignation of Mrs Ruth Adams as an Associate Member
of the Historic Districts Commission, effective August 1, 1977
It was agreed to request the Lexington Arts & Crafts Society to
submit a nominee for appointment by the Board to fill the vacancy
on the Associate Membership of the Historic Districts Commission,
representing the Society, for a term expiring January 1, 1979
Chairman Battin requested the Board to sign three taxicab licenses Taxicab
for the Arlex Taxi Corporation She explained that on May 2, 1977, the Licenses
Board had licensed six taxicabs, with the understanding that three more
licenses would be issued when the cabs were acquired and passed in-
spection by the Police Department Captain Lima has informed us that
inspections have been made and recommends that the three licenses be
issued
Mrs Miley commented that we are fortunate in having Mr Tippett
(owner) as. he has been doing a good job for us
The Board agreed
Upon motion duly made and seconded, it was voted to sign three
taxicab licenses for Arlex Taxi Corporation d/b/a Lexington Cab Co ,
expiring May 1, 1978 Registrations 6876, 6877, and 6886
Upon motion duly made and seconded, it was voted to approve the Minutes
of Selectmen's meetings held on February 28, March 7, March 11+,
March 23, March 28, March 30, April 4, April 6, June 20, 1977
Chairman Battin read a request from Mr McSweeney, Director of Contracts
Public Works/Engineering, to sign contracts awarded on July 11, 1977 78-1-E
78-2-t
546
Selectmen' s Meeting August 8, 1977
Upon motion dulymade and seconded, it was voted to signContract
P
78-1-E awarded on July 11, 1977 to Soil Exploration Corporation, Stow,
Massachusetts for Test Borings, in the amount of $4,470 00; authoriza-
tion under Article 33 of 1975 and Article 20 of 1977 Annual Town Meet-
ing, subject to Town Counsel's approval as to form of contract Also,
Contract 78-2-E awarded on July 11, 1977 to Starrett Paving Corp ,
Marlboro, Massachusetts for Street Resurfacing on Concord Avenue and
necessary drives, in the amount of $29,777 50; authorization under
Account 5400, Highway Maintenance for FY 78 and FY 79
Town Office The Board briefly discussed the use of space in the Town Office
Conference Building by State Senators and Representatives , and it was agreed to
Rooms defer the matter to a later meeting
At Mr Hutchinson's suggestion, it was agreed to honor the commit-
ment made to Senator Amick for the use of office space for approximately
two hours on one morning and one evening a month
Appointments Mr Hutchinson requested approval of the Board of his appointment
Youth of members of the Youth Commission
Commission Upon motion duly made and seconded, it was voted to appoint the
following members of the Youth Commission
Jack Sarmanian 330 Bedford Street 1978
William Henderson 33 Freemont Street 1978
Margaret Cole 9 Belfry Terace 1960
John J Shine, Jr 11 Utica Street 1979
Marcia Feakes 6 Juniper Place 1980
Mary Frances Anderson 3 Loring Road 1980
Patricia Falconer 130 Grove Street 1980
Committees- Chairman Battin requested that the Board dissolve the Youth
Discharge Advisory Commission, the Lexington Commission on Suburban
Responsibility, and the Drug Advisory Committee
Upon motion duly made and seconded, it was voted to dissolve the
Youth Advisory Commission, the Lexington Commission on Suburban
Responsibility, and the Drug Advisory Committee
Recycling Mr Hutchinson discussed the recycling program and informed the
Board that the proposal from the Mass Wholesalers of Malt Beverages,
Inc had not materialized because of a deadline given
Mr McSweeney said that meetings had been held with them to dis-
cuss their proposal and, at the last minute, they gave us a time
schedule so we had to postpone it We will be ready by the end of the
month if we can come up with a proposal acceptable to the Board and
the Manager
Chairman Battin said that the Recycling Committee has been sched-
uled to meet with the Board on August 22 for discussion on the entire
project
The Board agreed to continue discussion on August 22
54
Selectmen' s Meeting August 8, 1977
Mr Hutchinson informed the Board that quotations were received Sanitary
from three firms on the installation of observation wells in and Landfill
around the Hartwell Avenue Sanitary Landfill, in accordance with the Test Borings
requirements of the Mass Department of Environmental Quality Engi-
neering as a prerequisite to the forthcoming closing plan We are
working with Whitman and Howard and implementation would start
immediately upon award of this contract; we should start to see the
results of the water quality testing within a week to ten days Based
on the review of the proposals, it is recommended that this work be
awarded to Bay State Test Boring, Inc , the lowest bidder, in an
amount not to exceed $10,970
Upon motion duly made and seconded, it was voted to award the
contract for the installation of observation wells in and around the
Hartwell Avenue sanitary landfill to the lowest bidder, Bay State
Test Boring, Inc , Avon, Massachusetts, in an amount not to exceed
$10,970 Authorization contained in Article 33 of the 1975 Annual
Town Meeting
Mr Hutchinson informed the Board that he had reappointed Mr Appointment
Willard Grush a member of the Board of Assessors for a term expiring Board of
1980 Assessors
Mrs Miley discussed the sanitary landfill and said that her Landfill -
recommendation would be that we not accept any commercial goods Commercial
in the landfill from now on However, she felt that might be a Trucks
little severe for people disposing there now and it might be a prob-
lem for citizens having it picked up She suggested that the Manager
and Mr McSweeney meet with some of the companies involved
Mr Hutchinson agreed and asked the Board to give him more infcrma-
tion on what they feel is necessary for the group to discuss
Mr Hutchinson said that the Board of Selectmen has received Hancock
correspondence from the School Committee asking for a date when the School
Selectmen will officially take over the Hancock School and site as Acceptance
Town, rather than school property He recommended the date of Date
September 1, 1977 subject to arrangements being made regarding
insurance
Upon motion duly made and seconded, it was voted to authorize
acceptance of the Hancock School and site, for Town purposes, as of
September 1, 1977, subject to the completion of necessary arrangements
regarding insurance
The School Committee will be notified of the above vote
Mr Hutchinson read a request from the Planning Director for Master Plan
the Board of Selectmen to reaffirm the vote of December 20, 1976 Recreation/
regarding the Lexington Master Plan for Recreation and Open Space Open Space
in order to receive consideration for funding
54
Selectmen's Meeting August 8, 1977
Upon motion dulymade and seconded, it was voted to reaffirm the
P
vote of December 20, 1976 and to write the following letter to the
Secretary of the Executive Office of Environmental Affairs, Division
of Conservation Services "The Board of Selectmen has reviewed the
Master Plan for Recreation and Open Space, which has been submitted
to your agency On December 20, 1976, the Board of Selectmen has
reviewed the Master Plan for Recreation and Open Space, which has been
submitted to your. agency On December 20, 1976, the Board of Selec-
men voted to accept the recommendations set forth in the order of
priorities and timetable The plan was then filed with the State
Board of Recreation for eligibility for funding It is our under-
standing that the filing of this report was late but the position of
the Board of Selectmen remains the same, accepting the recommendations
of the Master Plan We hope that funding will be available to assist
us in the implementation of this plan "
Equaliza- Mr Hutchinson asked for direction from the Board regarding corre-
tion of spondence received from the Massachusetts Municipal Associations-
' Education Joint Legislative Office regarding the equalization of education They
ask the Town to join in a suit challenging the constitutionality of the
method of financing public education in Massachusetts, which would
provide a means for getting action from the legislature to solve the
problem. If successful, it would be an effective way of breaking out
of the present impasse If we participate, it would cost $300-$400
Chairman Battin said that she had requested Mr Kent to review
it and take it to the School Committee for preliminary discussion, and
then the two Boards would get together
The Board agreed to write to the School Committee and enclose a
copy of the letter from the Mass Municipal Associations The School
Committee would be informed that the Town Manager recommended, the
Board of Selectmen concurred, that the School Committee is the proper
Town Committee to initially review this proposal in order to determine
if, and how, Lexington should become involved Also, that Selectmen
Robert B Kent was designated to work with the School Committee and
Mr Alfred Vigderman, a Lexington resident and member of the Staff of
the Mass League of Cities and Towns , to gather and analyze the
necessary information that both the Selectmen and the School Committee
will need in order to make an informed decision for Lexington
Executive Upon motion duly made and seconded, it was voted 5-0 by roll call
vote to go into Executive Session, with no intention of resuming the
open session, for the purpose of discussing strategy with respect to
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 0 10
p m '
549
Selectmen' s Meeting August 8, 1977
A true record, Attest
Executive Clerk, Selectmen
550
SELECTMEN'S MEETING
August 22, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, August 22, 1977 at
7 30 p.m. Chairman Battin, Mr Bailey, Mr Busa, Mrs Miley and Mr
Kent; Mr Hutchinson, Town Manager, Mr Cohen, Town Counsel; Mr Martin,
Assistant Town Engineer; Miss Casey, Principal Clerk were present
Michael Mrs Battin convened the meeting at 7 32 and presented a proclama-
Larsen tion from Governor Dukakis to Michael Larsen, 19th International Mathe-
Math matical Olympiad Winner at Belgrade, Yugoslavia on July 3 and 4, 1977
Olympiad Michael was one of two perfect scorers on the U S team of eight
Winner Congratulations were also extended to Mr & Mrs Larsen who were present
Jurors At the request of the Town Clerk, the following jurors were drawn
John G Manetas 257 Worthen Road
Joseph Hart 63 Ledgelawn Avenue
Theodore R Strollo 79 Buckman Drive
Robert G DiNitto 24 Calvin Street
Gloria J Bloom 17 Loring Road
Robert A Marasca 240 Woburn Street
Sarah C Kechejian 3 Locke Lane
Emerson Rd Mr Howard Levingston met with the Board relative to the letter re-
& No cently sent out by the Engineering Department to the residents of that
Emerson Rd section of Emerson Road that is to be renamed North Emerson Road The
section referred to under the old Emerson Road was numbers 351-365
The residents of the area expected the name change, but the numbers
were also changed which was not what the residents understood The
Planning Board had assured the residents that the house numbers would
not be changed Mr Levingston informed the Board the residents were
disturbed because the new change causes substantial inconvenience Some
of the residents have already notified correspondents of the change of
street name made by Town Meeting and some have already paid for printed
material with address change He stated that it also creates a condi-
tion where mail can be misdelivered, delayed or lost He also pointed
out that emergency vehicles can go to an incorrect location He re-
ferred to a letter to the Town Manager from Albert P Zabin, Chairman
of the Planning Board requesting him to direct the Engineering Depart-
ment to restore the old numbering system
The Town Manager informed the Board that he had put a "hold" on
the number changes through the Post Office and was contacting the
utility companies to put the same "hold" on He stated that in the
the interim he was waiting for reaction from other sections He stated
651
Selectmen's Meeting August 22, 1977
that there are sections of the road where it is desirable to change
the numbers He referred to the commitment to the residents by the
Planning Board of which the Engineering Department was unaware so they
followed the standard process of number change The Town Manager will
report back to the Board for the September 6 meeting relative to further
input from residents and decision regarding the change He stated that,
if necessary, they would go back to the original numbering but he didn't
think it would be desirable or necessary He informed Mr Levingston
that they would go back to the original numbers and this would be his
recommendation to the Board
Mr Cohen reported that he had received several calls, as Town
Counsel, from people who were very upset that their numbers would not
be changed, not from the same section as Mr Levingston, they felt that
it would be very difficult for them to have high numbers when other
areas had low numbers because the police and firemen wouldn't be able
to find them They wanted very much this type of change He cautioned
the Board to be very careful about going back to the original numbers
Mr Levingston said that he had not polled the residents, but knew
the people on Brent Road felt that it was not feasible to keep their
numbers He stated that Mr Martin had informed him that Mr Levingston's
section was the only section that had come back to him as a problem He
stated that he was speaking strictly for the North Emerson section and
thanked the Board and retired from the meeting
Mrs Battin announced that we had not been formally notified by Special
the Town Clerk because she had not received formal notification from Election
the State relative to the upcoming election She wanted to remind the
people in Precincts 7 and 8 that there will be a Special Primary on
Tuesday, October 4 and a Special Election Tuesday, November 1 to elect
a representative to replace Representative Amick The dates will be
set formally when the formal notice is received from the Town Clerk
Mr Allan Kenney, Lexington's representative to the Governor's Hanscom Task
Hanscom Field Task Force, met with the Board to discuss the Policy Force Report
Committee's report of June 21 Mr Kenney updated the Board regarding
the background of the Task Force The Air Force terminated its lease
in 1974 and the then Governor Sargent appointed the Governor's Hanscom
Field Task Force The purpose of the group was to work with the con-
sultants hired by Mass Port to study and gather some alternative future
policy recommendations for the air port He informed the Board that
the Task Force is now at the point where it is getting ready to make
their policy recommendations to Mass Port concerning the future use
of the air port He referred to the Policy Committee Reporting the
future use of the air port He referred to the Policy Committee Re-
port submitting fifteen recommendations The first twelve policy
recommendations were identidal with those adopted by the Task Force
at its April 12, 1977 meeting for the public meeting discussions Mr
1 Kenney reviewed the report with the Board and it was agreed to accept
552
Selectmen's Meeting August 22, 1977
"The
the report preferring Item 15 presently operational informal
curfew system should be continued in effect Only if night operations
become more numerous so as to be judged objectionable by a Hanscom
Noise Abatement Committee should the curfew be made mandatory In that
event,however, the hours should be from 11 P.M to 7 A.M. The air-
port manager and Noise Abatement Committee should discuss additional
methods of reducing night operations, including additional differential
landing fees The practice of turning the lights off at 11 P.M. should
be continued " to item 15A "A curfew from 11 P.M to 7 A.M should be
established for all aircraft operations at the airport " Mr Kenney
informed the Board that the noise problem, while it can still be a
problem, is more of an isolated problem because the air force has
moved out and the Director of the Airport has instituted a very good
noise abatement program in terms of flight paths, voluntary night cur-
few and cautioning the polots not to roar the engines, etc He pointed
out that because of new Federal Regulations, planes are getting quieter
and will be more quiet as we head into the '80s During the years since
197+ Mass Port has adopted two policies that were important One was
not to allow a passenger type carrier to operate -out of Hanscom and,
additionally, they would not support any physical construction in terms
of increasing the capacity of the airport He stated that the group
has become increasingly aware of the economic importance of the airport
to the region He pointed out that the policy set forth can be reviewed
periodically as times and technology change
Upon motion duly made and seconded, it was voted to adopt the
Policy Committee's recommendations for the future use of Hanscom
Field adopting Item 15 as opposed to Item 15A to be presented to the
Mass Port Authority who will hold further public hearings and through
its Board of Directors would adopt a set of policy guidelines for the
future running of Hanscom Field
Mr Kenney thanked the Board and retired from the meeting
Abatement The Chairman informed the Board that the next item was a request
Ambulance from the Veterans' Agent for an abatement of an ambulance bill
Bill Upon motion duly made and seconded, it was voted to abate the
ambulance bill in the amount of $25 00 for Mary DeFelice
Walk-a-Thon A request from Women's American ORT for permission for a five
Women's Am mile walk-a-thon on Sunday, September 25 (rain date of October 2) was
ORT read by the Chairman
Upon motion duly made and seconded it was voted to grant permission
to the Women's American ORT for permission to conduct a five mile walk-a-
thon along the route submitted subject to the rules and regulations set
down by the Town Manager and the Safety Department
One Day The Chairman read a request from W R Grace & Co RAEDACC Assoc
Liquor for a one day liquor license for August 31, 1977
License Upon motion duly made and seconded it was voted to grant a one
day liquor license to W R Grace & Co RAEDACC Assoc for August 31,
1977
Selectmen's Meeting August 22, 1977
The Chairman informed the Board that Mr William R Page, Chairman Forum on Aging
of the Lexington Forum on Aging had requested the assignment of one of Assignment
the Selectmen to serve on the Advisory Committee of the Lexington Mr Kent
Forum on Aging
Upon motion duly made and seconded, it was voted to assign Mr
Kent as the Selectmen's representative to serve on the Advisory
Committee of the Lexington Forum on Aging
The Chairman reminded the Board that several months ago it was Selectmen's
duggested that the Board of Selectmen develop a policy and procedures Policy
manual and compile in one spot all the existing areas in which the Manual
Selectmen have established a policy Mrs Battin, Mrs Miley and Mr
Kent submitted suggestions which will be compiled in one written list
for Board distribution and discussion at a later date
A request from Five Fields, Inc for permission to hold its Five Fields
Annual Labor Day square dance on Saturday, September 3 with a rain Square Dance
date of Sunday, September 4 was read by the Chairman
Upon motion duly made and seconded, it was voted to grant per-
mission to Five Fields, Inc to hold its Annual Labor Day square dance
at the circle on Stonewall Road on Saturday, September 3 from 7 00 to
11 30 p.m Rain date approve for Sunday, September 4
Upon motion duly made and seconded, it was voted to approve the Water
request of Warren A Empey, DPW for the abatement of the following Abatements
water bills
Richard W Young 28 Estabrook Rd $121 05 Incorrect reading
Josephine Philbrook 49 Grassland St 33 75 " "
Lex Tennis Club 19 Washington St 127 35
Alfred Colonero 22 Eaton Rd 38 25 " billing
Robert 25
Ln 11 Zagami 14 Wellington No meter
g g
John Merryfield 17 Smith St 159 27 Incorrect billing
Upon motion duly made and seconded, it was voted to approve the Minutes
minutes of the Selectmen's Meetings of April 19, July 25 and August
8, 1977
The Town Manager reported to the Board relative to the letter OSHA Extension
received from the Mass League of Cities & Towns which included the to Public
details of a proposal presently before the legislature which would Employees
extend the provisions of OSHA (Occupational Safety and Health Act) as
outlined by the Federal Government to public employees The Mass
League has recommended opposing its adoption The bill has received
a favorable report from the Commerce and Labor Committee of the House
and is now in the House Ways and Means It was Mr Hutchinson's opinion
that this falls into the area of a State mandated program which, in
Lexington's terms, may be unnecessary His recommendation, after dis-
554
Selectmen's Meeting August 22, 1977
cussing with our insurance carrier, was to make sure that we receive
proper inspections He asked that the Board endorse the idea that
this program not be adopted at this time
Mrs Battin referred to the August 10 issue of THE BEACON in which
the strongly worded letter from the Municipal Associations was somewhat
modified She read part of the article which listed several alterna-
tive proposals that is now being considered as an alternative proposal
to H-6370 This proposal was based on information from the State De-
partment of Labor of the State of North Carolina which has had a very
successful voluntary program resulting in an accident rate significantly
lower than the national average
Mr Kent stated that he hoped that they could concur in the gen-
eral position without subscribing to the polemical language in the
letter
Mrs Battin agreed and said that she would handle it
Open Burning Mr Hutchinson referred to the report on proposed regulations re-
garding open burning which essentially called for allowing burning for
two months during the year in the spring A meeting held in Gardner
Auditorium was attended by representatives of the Town There was
general agreement regarding the proposal It was suggested by Chief
McDonough and others that they solicit from the Fire Chief's Associa-
tion and others formal comments rather than just the hearing process
General Mr Hutchinson informed the Board that Jeff Shaw had attended the
Revenue County Commissioner's hearing on general revenue sharing where he
Sharing stated the Town's position that it should be passed through to the
towns in the manner of property tax relief
Flood Mr Hutchinson informed the Board that the Flood Insurance Map
Insurance was in from the Department of Housing and Urban Development Informa-
tion in the accompanying letter was to notify communities of the pro-
posed base flood elevations which will be the basis for the flood plain
management measures that the communities must either adopt or show
evidence of being already in effect in order to qualify or remain
qualified for participation in the National Flood Insurance Program
Mr Hutchinson stated that the map is generally compatible with the
existing flood plain and zoning development of the Town He felt that
the formulating and adoption of the map by the Federal Government as
the flood plain map of the Town would not be detrimental to the Town
of Lexington There are processes for those who feel that they might
be aggrieved by the map and he will get this information outlined and
to the Minuteman for publication Pgople will be encouraged to review
the map which will be on file in the Planning Board He stated that,
as a general rule, people don't buy flood insurance The Federal plan
stipulates that if a person wants to buy or build a house in a flood
zone he must buy this type of insurance
rw ,r. ,E
J,)
Selectmen's Meeting August 22, 1977
Mr Hutchinson updated the Board regarding his review of the con- Sanitary
tingency plan for sanitary sewer system overflows He stated that Sewer
they are continuing to work with the Department of Environmental Overflows
Quality Engineering At the last meeting the discussions focused Plan
around chlorinating the North Lexington pumping station in the event
that we allow the system to surcharge if we had to allow for an over-
flow it would go into Kiln Brook This would involve some expense for
certain types of equipment which is investigating and will report back
to the Board and ask for the Board's consideration as to whether or
not this would be worthwhile to fund such a proposition or go to
alternate types of measures that might not be as foolproof We have
had no problems this summer If the method of treating is acceptable,
several permits will have to be obtained
Mr Bailey stated that he felt that the cost wouldn't be pro-
hibitive and anything that would help get a temporary fix to the prob-
lem must be considered very carefully He asked the Town Manager if
the procedure generally is OK by our Board of Health Mr Hutchinson
stated that he would check with them but felt that it would be
Mr Hutchinson reported to the Board relative to the delivery of Human
Human Services Several meetings have been held with various agen- Services
cies that deliver human services Our interns have been inventorying Council
and identifying services in the Lexington area which will be put into
a catalog that will be available to citizens While these various
groups were meeting, the discussion focused around the formation of
a Human Services Council They, as a citizen group, designated them-
selves as an ad hoc Human Services Council to continue to work on the
problem of identifying the services and, hopefully, eliminate some of
the areas that overlap He pointed out that some people have identi-
fied the group as the Lexington Human Services Council, and pointed
out that it is just a name they have designated themselves They hope
to have a full report in the Fall for the Board's consideration
Mr Busa addressed the Town Manager and referred him to their con-
versation of that morning in which the Town Manager had, apparently
informed Mr Busa that the committee was an ad hoc committee of the
Board of Selectmen Mr Busa stated that he wanted to make it per-
fectly clear that, to help meet these needs, the Board of Selectmen
and Town offices had established the Human Services Council
Mr Hutchinson explained that the full involvement of the staff
has been from the Manager's office on behalf of the Board of Select-
men He further explained that this is a group of Lexington citizens
that have come forward on a voluntary basis He stated that at a
meeting of about 40 organizations, an invitation was extended to any-
one who would like to serve on the coordinating counsel and work to-
gether with the administration were invited to do so Certain groups
of people came forward at that time He further stated that if Mr
Busa were asking if this was a Selectmen's or Manager appointed
committee, that it was not
55i
Selectmen's Meeting August 22, 1977
Mr Busa stated that he felt that if this was a citizensrou
g P
that the advertising and publicity should not be absorbed by the Town
as it is not the policy of the Board of Selectmen to put this informa-
tion out at Town expense He stated that he wanted it clear that it
was not a committee appointed by the Manager or the Board of Selectmen
He had no objections to the expenditures as long as this was a committee
appointed by the Town Manager, but if it were a citizens group they
should do their own publicity and pay for it themselves
Mr Hutchinson stated that he had asked for, and was grateful for
the help, and if he had portrayed the Manager's role the wrong way, he
apologized He felt that it was necessary to complete the charge of
the Board of Selectmen
Mr Kent stated that he would like to endorse fully the Manager's
approach in this area He supported the way in which the Manager's
office has engaged this group of citizens as a part of his office's
effort to carry out the request of the Board He felt that, if in
initiating this survey in attempting to get people together has led
to the formation of this group for the exchange of information regard-
ing coverage, needs, extent of services or lack thereof, this is a
community endeavor and should be supported He stated that insofar
as materials are duplicated at town expense, those matters ought to
relate very directly, and he would abide by the Town Manager's judg-
ment, to the function which the Town Manager is carrying out on behalf
of the Town He stated that he felt that all members of the Board of
Selectmen should know what is going on and be regularly apprised of
developments
Mr Busa stated that he had no objections to the procedures that
were established, but what he gathers after establishment of the pro-
cedures, is that a group of citizens have formed a Human Services
Council and appointed themselves as chairman and leaders of a sub
committee working out on their own gathering information He stated
that the charge was given to the Manager from Town Meeting to catalog
all our human services and expenses in human services If that is
what the Manager is going to get from this committee he had no ob-
jections as long as it is under the Manager's jurisdiction
Mrs Battin stated that what she understood the Manager and Mr
Kent to say was that this group is helping the Manager's office carry
out what the Board of Selectmen charged him to do Jeff Shaw had called
on people in the community who are knowledgeable to help him devise
the questionnaire and hold meetings and gather the information that
they were the instruments that are being used
The Manager has promised to keep "on top" of the situation and
inform the Board regularly
Cary Hall Representative, Lincoln Cole, was at the meeting and referred the
Board to its copy of a letter from Vincent J Piro, Chairman of the
Massachusetts Bicentennial Commission dated August 9 Mr Cole explained
to the Board that the meeting would be a daytime meeting for one day only
The Board assured Mr Cole that Cary Hall would be available
eleJrl
Selectmen's Meeting August 22, 1977
Representative Cole informed the Board that the Sub Committee on Tax Bill
Taxation has come up with a bill that will give relief to the tax payers
of the Town 70 years and older He gave a copy of the bill to the Board
and informed the members that they could write to James Gaffney regarding
it Town Counsel and the Board of Assessors are to get a copy and come
back to the Board with recommendations
Mrs Miley reminded the Board that Mr Wadsworth, Chairman of the Denny's
Board of Appeals, had asked for input insofar as any deliberations Restaurant
were concerned and she asked if the Board was prepared to give any in-
put as to their feelings regarding Denny's application to operate 24 hours
per day
Mr Bailey stated that he felt that he would not give an opinion
until after he had been present at the Board of Appeals hearing He
stated that he didn't feel that it was appropriate for the Board to
make a decision in advance of the Board of Appeals hearing and decision
After further discussion, the Board agreed that, as the licensing
agent of the Town, it is not bound to follow a judgement of the Board
of Appeals and had an obligation to make its own judgement with respect
to functions under its jurisdiction
Chairman Battin informed the Board that she would be out of Town Acting
from Friday, September 2 to Sunday, September 11 and asked that the Chairman
Board vote an Acting Chairman
Mr Kent nominated Mr Bailey who informed the Board that he
would be out of town for three days, but would be avilable
Mrs Battin stepped down as Chairman and nominated Mrs Miley and
then resumed the chair and called for the vote
By a three to two vote, Mr Bailey was voted Acting Chairman from
Friday, September 2 to Sunday, September 11
Mr Kent explained his position in that he feels that until a
Vice Chairman is elected, the senior member of the Board should be asked
to be Acting Chairman whenever needed
Mrs Battin stated that the question of seniority had raised its
head several times under the former Chairman in the last year She
stated that her feeling was that the Board had really, more or less,
abandoned it as a policy for election or appointing for no matter how
temporary or long She stated that she did not use that as a guiding
light She felt that Mrs Miley was the most available and would be
there the three days
Mr Frank Sandy and the Recycling Committee met with the Board to Recycling
discuss proposals relative to the recycling program He stated that Program
the Committee was unhappy with the proposed cost of $7500 as Town
Meeting had appropriated $5,000 He stated that some of the members
were unhappy about getting involved in what was likely a publicity att
by the bottling industries to propose a future bottle bill Some of
the members felt that things could be worked out with them in contract
558
Selectmen's Meeting August 22, 1977
e could use Lexington in an objectionable manner He
so that they ou d not g J
pointed out that some of the members felt that the whole thing should
be done professionally and some felt that a mix of professional and
Lexington volunteers would be better regarding the publicity
Mr Bailey stated that he felt that if a combination of Lexington
talent and Lexington money could pull it off, he would be more comfort-
able with that combination
Mr Sandy pointed out that someone would have to be paid to oversee
and coordinate the program At this point he asked the Board if they
wanted the Recycling Committee and the Sanitary Landfill Committee to
continue in existence as the original charge to both committees had
been fulfilled He pointed out that most of the members were not
particularly skilled or interested in public relations campaigns He
also pointed out that it was better not to have a formal structure of
a committee because of Mr McSweeney or Mr Hutchinson wanted to get
people on the committee to meet with them it would take three days be-
cause of the Open Meeting Law requiring the posting of meetings He
felt that the people involved would be just contributing efforts and
that no policy making decisions were involved so that a formal committee
would be unnecessary
After further discussion, it was agreed that a mix of professionals
and citizens would be best because of the time-table involved in the
recycling effort The Town Manager is to look at several proposals
Mrs Battin stated that she felt a little uneasy about dissolving
the Sanitary Landfill Committee at this time and asked Mr Sandy to
write up a report of the various functions that it performed, how he
sees it going and what requests he would make in changing it
It was agreed to dissolve the Recycling Committee
Recycling Upon motion duly made and seconded, it was voted to dissolve the
Committee Recycling Committee
The Chairman thanked the Committee for the time and effort put
into the report and the Committee retired from the meeting
Lincoln The Recreation Committee met with the Board to discuss the Lincoln
Street Street bike path Mr Frank Sandy had written a letter to the Board
Bike Path stating his objections to stone dust bike paths Mrs Hinkle of the
Recreation Committee pointed out that the 1975 Town Meeting had appro-
priated $5,000 under Article 38 for the development of paths for walk-
ing, bicycling and cross country skiing in such locations as the
Recreation Committee determined with the approval of the Board of
Selectmen She stated that the Committee has explored several possi-
ble locations and decided to construct the path from Worthen Road to
the existing path from Baskin Road to Middleby Road The path would
be constructed of crushed stone except where steep grades are encoun-
tered and would be subject to erosion and these parts would be paved
Once installed, the path would complete the linking-up of the "Res",
Bridge School, Lincoln Street field and the Center Field
Mr Sandy felt that the money was being wasted if the paths would
eventually be paved over
1
55 9
Selectmen's Meeting August 22, 1977
Mr Martin, Assistant Town Engineer, pointed out that, basically,
any path or roadway surface is on a prepared gravel base and the
stonedust path would be preparation for future paving
Mr Bailey stated that the commitment of the Town is, ultimately,
to paved paths, but there just isn't enough money at this time and in
order to complete this length, the Recreation Committee felt that the
best way was as they had outlined it
The Chairman thanked the committee and the members retired from
the meeting
The School Sites Conversion Committee, chaired by Mrs Miley, met School Sites
with the Board to present its progress report relative to the disposi- Conversion
tion of Hancock School Committee
Mrs Mileyinformed the Board that the Committee had its first Report
P
meeting on April 28 and have met every other week since that time
She thanked the Committee members for their regular attendance during
the summer which was so instrumental in furthering their accomplishments
Mrs Miley informed the Board that the Committee, in its delibera-
tions regarding the disposition of the property, had kept in mind first,
the Town with the neighborhood and what the Town's needs are The
Committee was now asking for direction before going to Town Meeting
with proposals After advertising in several newspapers, 52 responses
were received The Town Manager and his assistant had conducted two
tours of the building A total of 26 proposals have been received
After questioning Mr Cohen, he explained what a ground lease was and
stated that he felt that any proposal containing a ground lease would
have to be investigated very carefully
Mr Cohen informed the Board that Mrs Miley had questioned him
as to the legality of an executive session and he stated that it was
permissible under Item #6 of the Open Meeting Law
Mrs Miley felt that, for the protection of the people who had
submitted proposals the matter should be discussed in executive session
because the Committee report indicated that the Committeewas leaning
against certain alternatives
Mr Grossimon, a member of the Committee, stated that in fairness
to the people who submitted proposals that would not be considered
finally, they should be formally informed and not just read it in the
newspapers This was also the opinion of other members of the Committee
Mr Hutchinson stated that he felt that the report was so well
written and done by the members of the Committee that there was just
an identification of the types of proposals and the interest of the
parties was protected He further stated that they could be notified
before any official publication of the report
Mrs Miley stated that she felt that, after the executive session,
it would be all right to print it in the newspapers, but right now she
felt that she would prefer that they go into executive session
Mrs Battin stated that she also had a matter for executive session
regarding the reputation of an individual
560
Selectmen's Meeting August 22, 1977
Executive Upon motion duly made and seconded, it was voted 5-0 by roll call
Session vote to go into Executive Session, with no intention of resuming the
open session, to consider the purchase, exchange, lease or value of
real property, if such discussions may have a detrimental effect on the
negotiating position of the governmental body and a person, firm of
corporation and to discuss the reputation and character, physical condi-
tion or mental health rather than the professional competence of a single
individual
Upon motion duly made and seconded, it was voted to adjourn at
10 15 P.M
A true record, Attest
Principal Clerk, Selectmen '
1
I
i)U 1
SELECTMEN'S MEETING
September 6, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Tuesday, September 6, 1977,
at 7 30 p.m Acting Chairman Bailey, Mr Busa, Mrs Miley and Mr Kent;
Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel, Mr McSweeney,
Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk,
were present
Mr Hutchinson informed the Board that Patrolman Allen McSherry Police Sgt
has been appointed to the position of Sergeant and he will be sworn McSherry
in by the Town Clerk this evening Allen is a Lexington resident, a
member of the Lexington Police Department for eighteen years, and a
graduate of Northeastern University with an Associate degree in
Criminal Science We are very pleased to have a man of this calibre
assuming this post
Chief Corr said that it is indeed an honor to give Allen his
Sergeant's stripes, and he added that Allen is one of two members of
the department to have the medal of merit, which was awarded to him
in September, 1974
Miss Mary McDonough, Town Clerk, administered the oath of office,
Ill Mrs McSherry pinned on his Sergeant's badge, and members of the Board
congratulated Sergeant McSherry upon his appointment
Mr Zehner, Town Treasurer, met with the Board to request approval Treasurer
of borrowing $1 Million Bids have been received and the recommenda-
tion is to award to the lowest bidders
Harvard Trust Co $200,000 @ 1 99% $750,000 @ 2 50%
New England Merchants $250,000 @ 2 00% $750,000 @ 2 15%
Newton-Waltham $200,000 @ 2 00% )
Middlesex Bank $200,000 @ 2 00% ) $600,000 @ 2 19%
State Street $ 75,000 @ 2 03% $250,000 @ 2 26%
$500,000 @ 2 52%
First National $ 75,000 @ 2 03% $750,000 @ 2 19%
Acting Chairman Bailey asked if the interest rates are quoted on
an annual rate?
Mr Zehner replied that they were, and the interest would be
divided by 360 He informed the Board that Brookline and Newton, also
AAA rated towns, have recently borrowed $1 Million and $7 5 Million
with interest rates ranging from 1 99% to 2 85% He commented that he
had been asked by the bank examiners if it were wise for him to have
as many bank accounts as he has, and the answer is seen in the fact
that those banks with winning bids gave the Town preferred rates for
a smaller segment of the total borrowing; they look upon this as their
obligation to help a favored customer and, by giving us a segment of
it, then felt they had done their part, with the balance at a higher
111 rate He felt it better for the Town to borrow at preferred rates from
Selectmen's Meeting September 6, 1977
6 or 8 banks than tog o with a smaller number of banks
Acting Chairman Bailey remarked that it was incredible and thanked
Mr Zehner for his accomplishment Mrs Miley agreed and, in response
to her expression of thanks, Mr Zehner replied that it is the Town's
credit standing that does it
Upon motion duly made and seconded, it was voted to approve the
recommendation of the Town Treasurer to borrow $1 Million in tax antici-
pation with notes dated September 9, 1977 and due on November 7, 1977,
interest at maturity, from the following banks Harvard Trust Co
$200,000 @ 1 99%; New England Merchants $250,000 @ 2 00%; Newton-Waltham
$200,000 @ 2 00%; Middlesex Bank $200,000 @ 2 00%; State Street $75,000
@ 2 03%; First National $75,000 @ 2 03%
Mr Zehner retired from the meeting after receiving the sincere
thanks of the Board for his efforts in obtaining remarkably low interest
rates
Special Town The Board tnd the Town Manager discussed a letter from the Planning
Meeting Board concerning a date for a Special Town Meeting to deal with proposed
zoning changes related to acceptance of Chapter 808 of the Acts of 1975
Mr Hutchinson recommended Monday, November 28, as it would dove-
tail with the final report of the School Sites Conversion Committee
regarding the disposal of Hancock School
Acting Chairman Bailey commented that, because it is right after
Thanksgiving, it might make sense to schedule the date of December 5
Also, at an early stage, TMMA should be contacted to ask if they have
comments
Mr Busa suggested that the Warrant be restricted to the two issues
at hand and if the firefighters are ready, fine He felt it unfair to
have a lengthy Warrant that would take a lot of time, research, and
hearings to bring Town Meeting members up to date The Planning Board
Articles have been washed once and have been revised; the latest informa-
tion to Town Meeting members will be easily received and the Hancock
School information will be given to them after a decision has been
made by the Board of Selectmen If enlarged beyond that scope, it would
be too lengthy to have 20 or 30 Articles in the Warrant , and he would
advise both the Board and the Town Manager to try to postpone any other
Articles until March
Acting Chairman Bailey replied that there would be a good bit of
contrary debate for getting as much out of the way in between in order
to save the March meeting for those that are critically focused on
budget items He stated that there has been a lot of talk over the
years to have two Town Meetings, one for housekeeping non-budget items
and the March one devoted toward budget items
Mr Busa said that he had no problem with housekeeping budget
items but to have new housekeeping budget items come at this late time
of the year, we are talking about the middle of September before we
make a decision, and then we will have October and November
Acting Chairman Bailey said that the observation there might be
II/
) 63
Selectmen's Meeting September 6, 1977
that anybody who wants to try to float something like that off on the
Town Meeting does so at his own risk The Planning Board's situation -
on their Articles is a classic example of the reaction of the Town
Meeting when they feel that they haven't been well prepared to deal
with something
Acting Chairman Bailey said that Mr Busa's comment is noted
He then asked Mrs Miley if the dates would fit in with the School
Conversion Committeds progress?
Mrs Miley replied that the Committee would feel pretty comfort-
able with either week, although she had not checked with them yet
The Town Manager had mentioned the end of November but a week later
would be very good
Mr Cohen said that in response to Mr Busa's comment, he would
hope that the Board would wait and see if there are some housekeeping-
type of Articles that they may want to put into this Town Meeting that
would require some certain type of legislation
Mr Buse said that he had no problem with housekeeping items but
he didn't want to construct a new building or a new house
Acting Chairman Bailey asked if it is the Board's consensus to
go toward Town Meeting starting the last Monday in November or the
first Monday in December, with possible preference leaning toward the
later date Also, to ask the Manager to contact TMMA to get their
reaction
The Board agreed and Mr Hutchinson said that he would contact
TMMA.
Mr Hutchinson informed the Board that tax bills have gone out Joint Meeting-
and we are also coming into the budget process once again; therefore, Appropriation
the Selectmen should consider having a joint meeting with the Cap Expend
Appropriation Committee, the Capital Expenditures Committee and the School Comm -
School Committee to discuss budget timetables and the general ap- Budgets
proach and goals of the budget
The Board agreed that Mr Hutchinson is to arrange a joint meet-
ing for September 26th
Mr Hutchinson recommended that the Board schedule regular Select- Selectmen's
men's meetings for the first and third Mondays of the month, with Meeting
work sessions to be held on the call of the Board on other Monday Schedule
evenings and also open to the public He felt that by having work
sessions on alternate Mondays, the Board could talk about specific
subjects such as Selectmen's policies and procedures, goals and
long range planning Chairman Battin has indicated to me that she
does support this
The Board agreed to Mr Hutchinson's recommendation and, effec-
tive October 3, 1977, regular meetings will be held on the first and
third Mondays of the month, with work sessions on other Mondays of the
month, which would be open to the public
56-1
Selectmen's Meeting September 6, 1977
Recycling Mr Hutchinson advised the Board that they are still working on the
program and remain geared to the November 1 date It does appear that
separation will be more detailed than anticipated, and separate con-
tainers will be necessary for brown, green and clear glass, as well as
separation of papers and cans
Mr Busa said that at this point in time, he felt that somebody
was not telling the complete story at Town Meeting; he had raised
that point then that this was going to happen and was informed at
that time that it would not, and that all the glass would be put in
one container and that we would be picking up glass and cans and then
the papers It had been brought to his attention that an early report
stated that we would have to separate the glass in 2, 3 or 4 containers
After telling this to Town Meeting members, they voted to support the
recycling committee that it would not be a separation of recyclable
articles; he also voted for it at that point in time and it is unfortu-
nate that we are now telling the citizens that we have to divide and
separate the glass into four different segments He added that he
hoped the recycling project is successful as he would hate to see the
Town dump $45,000 into a project that was not completely and truthfully
told at that time
Mr Hutchinson said that, in fairness, at that time everything was
looked at in a truthful context It was said that green and brown
would be mixed, there would be a separate container for clear glass,
and separation of paper and cans As he understood it, that was the
marketplace at the time He would defer to Mr McSweeney that if we
mix green and brown glass today, we won't get the same type of money
we are looking for Those market agencies have said that they don't
want to mix anymore as they are not getting the product they deem
necessary in recycling process He pointed out that he had received
marketplace proposals and they are also looking at the idea of estab-
lishing bunkers at the landfill and perhaps transporting it ourselves
or having independent transportation contract We are bidding this a
number of ways to maximize revenues for the Town
Mr McSweeney said that he was more involved than anybody since
beginning, including getting it ready for Town Meeting, and he had to
take exception to the way Mr Busa presented it We did say that we
evaluated it before Town Meeting that the marketplace was to schedule
three separate pickups of paper, glass and cans Since that time, the
whole recycling thing changes from day to day Mr Hutchinson's last
comment proves that we are entertaining an idea which we hope to es-
tablish even before we get the contract approved; we have practically
everything in line and will be giving a written report of what we would
like to do - to set up bunkers because the highest marketplace is total
separation We aren't sure if we can operate to pick up five separate
ways but we will know that when we go out to bid We will be present-
ing a proposal and I don't think it is any contradiction of what we
tried to say at Town Meeting
Mrs Miley said that the picture has changed and is continuing to
change, and we certainly want to recycle Last August, on a visit to
565
Selectmen's Meeting September 6, 1977
Recor, the mixture
at that time could be colored glass and cans which
could be separated by their mechanisms - a very complicated procedure
but they said it worked At one point, we thought we weren't going
to be able to collect brown bottles at all but that was corrected on
the floor of Town Meeting
Mr Busa said that the point is that we need to recycle and if
we have to separate occasionally in different ways, that is not a big
issue
Mr Bailey said that the difficulty here is the changing market
from Town Meeting time to now, and everybody agrees that it was an
easier project than what we are facing now The market is still going
to change by the time we get going on it This Board will be dealing
with this matter at the time you come in with the contract to be let
The success of the whole program is going to hinge on the combination
of market factors and the collection philosophy finally adopted here
When it is all put together, it is not going to hinge on what the Town
Meeting thought or wanted When it is all put together, the moment of
truth comes when you actually put the things out to be collected, be
they in one bucket or, if you have to put out seven buckets, maybe
it's going to collapse - and that's logic and you can't deny that
If the market dictates that, then that's the way it is going to have
to be
Mr Kent added that when the final figures come in, we will then
be in a position to understand just how much of an economic differen-
tial will be involved and whether there are three or five separations
Mr Hutchinson stated that the report will show that differential
Mr Bailey agreed and said that the Board will await the written
report on a final recycling proposal
Mr Hutchinson reported that they are still working on the sani- Sanitary
tary landfill Water quality samples were completed on August 15 and Landfill
are being analyzed for presentation of a leachate control plan to the
Department of Environmental Quality Engineering, which should be
ready by November 1 We anticipate having our closing plan ready by
January 1 and, if you remember, from the order, this is a reverse
process as they wanted the closing plan by November 1 and the leachate
control plan by January 1 We said that once we knew what the leachate
factor was, we agreed that we might design a leachate control plan that
would integrate any long range closing plan for the landfill The Public
Works Department has a close liaison with them and progress is moving
along very nicely He added that there are some people who would be
critical of the landfill on a continuing basis but he felt that have
done an excellent job of upgrading the landfill from what it was and
where it is going, including the fact that fencing has been replaced
There is a regular maintenance program from the Selectmen's authoriza-
tion of closing on Wednesday and, in general, the landfill is looking
better and we are hopeful that we can enhance its life with those opera-
' tion techniques
66
Selectmen's Meeting September 6, 1977
Mr Kent asked if, at the moment, we are on schedule with what
the State requested that we do?
Mr Hutchinson replied that we are and have just changed over one
item date for the other but they are all on the same frequency
Mr Bailey added, "With the State's concurrence?"
Mr Hutchinson said that it was
Emergency Mr Hutchinson reported on emergency planning regarding sewer
Sewer system overflows and said that a chlorination device that would cost
Systems about $3,000 is available if we had to pump into the North Lexington
Overflow Brook, which leads to Kiln Brook This should alleviate any problems
with Burlington and/or Bedford and that cost would be economical for
Burlington the necessary equipment to do this We expect to have some answers
- Bedford on what equipment would be necessary and will recommend acquisition
of certain equipment In the interim, we are going to continue to
follow our updated operating methods which we hope would alleviate
the necessity for utilizing this equipment but, if necessary, we will
be ready In the interim, also, the alternate sewer line that Bedford
has been pursuing, as discussed at our recent joint meeting, has been
moving forward in the Legislature and he understood that it has been
reported out of Committee and referred to Ways and Means Rep Cole
serve on Ways and Means and has been requested that when he sees it,
to point out that the Selectmen are in favor of extending this line
to relieve the sewer system in the Town based on the information that
we have today So, things go slowly but we are progressing
Fire/Police Mr Hutchinson acknowledged the excellent performance of the Fire
Emergency and Police Departments during a recent emergency call to the home of
Call a man who was chocking to death The Firemen quickly applied the
Heimlich treatment and the man's passageways were cleared immediately
He sent a letter that he does owe his life to the Fire Department and
the firefighters involved
Mrs Miley said that it was great that the Fire Department came
through and was able to take care of the situation She commented that
she had been in a restaurant one evening and had seen a person saved
by this method She wondered if it might not be a good idea for any
person in our departments who might be involved on an emergency basis
to know how to utilize this particular method; the Police Department
as well, as they might get there before the Fire Department and it
might make a difference in saving a life
Mr Hutchinson agreed and said that he is reviewing the overall
safety programs, not only this but the CPR program, in the hope that
they might be extended on a voluntary basis to other departments, in-
cluding the Library, Public Works, and the administration building,
for those people who wished to be trained in it
Emerson & Mr Hutchinson said the the Board was approached concerning com-
Worthen Roads plaints about the numbers on Emerson Road North and instructed me to
e/h r
Selectmen's Meeting September 6, 1977
P
review the situation, as there was a petition received from individual
residents pointing out that they had been advised (at the Planning
Board hearing) that the numbers would not be changed but the names of
the streets would be changed The Public Works Department was not ad-
vised of that, and the minutes not having reflected that, did, under
the proper procedure, prepare logical, numerical listings for the new
streets They have executed what is properly their responsibility and
can see no reason to endorse another method, but this is really a
matter for the Board, Manager and other people to comment on what
people thought was going to take place In that context, he recom-
mended instituting a reveral back to original number designations on
Emerson Road North, at least We have received complaints from people
on Emerson Gardens Road, people in Emerson Gardens and in the nursing
home, requesting specifically that their numbers be changed back By
treating this as an exceptional case, we run the gauntlet of this per-
haps happening in other projects that we have, and we have to be sensi-
tive to the breaking down of the street numbering process He stated
that it was not within the province of those who conducted the hearing
but is a Public Works' matter and works through this Board and not the
Planning Board. At the time, he didn't think anyone was really con-
centrating on that issue
Mr Bailey asked Mr McSweeney to explain a map of the area as
he would like to ask the Board to consider if they are going to be
sympathetic to going back to the original numbers, and that the Board
not try to pick and choose particular streets just because those
people made the loudest noise He stressed that the Board has to be
absolutely consistent on this decision
Mrs Miley said that the most important issue we have to think
about is the safety of the people on the streets and, if leaving
the numbers as they have been before the change - and this is the way
they are known for all sorts of emergencies - she would recommend that
we go back to the original numbers of Emerson Road, except for the one
section which is to become Brent Road; this, of necessity, would have
to be renumbered
Mr Kent asked if the same philosophy would also apply to Worthen
Road? He felt that Worthen Road East, which has been renamed and re-
numbered, falls into the same category as Mrs Miley has suggested re-
garding Emerson Road, except Brent Road which is a very special situa-
tion One of the things that bothered him was how the Board was going
to handle it procedurally and, before any decisions are made with re-
spect to this, in the light of the direct citizen interest of the people
living there, he suggested that somebody ought to formally listen to
those people
Acting Chairman Bailey replied that, at this juncture, it should
be the Board of Selectmen We should sit with everybody and say that
this is where we are at and we are ready to make a move on it
All Board members agreed with Mrs Miley's recommendation, and
the Town Manager is to compose a letter to be sent to all residents of
568
Selectmen's Meeting September 6, 1977
Emerson Road and Worthen Road informing them that the Board will be
considering, on September 19, the matter of changing the numbers back
to their original designation The letter will indicate that it is
not necessary for them to attend the Selectmen's meeting and they may
contact the Manager's Office to register their feelings
East Village Mr Hutchinson informed the Board that he had indicated to the
Nursing East Village Nursing Home that the Town might be disposed to put up
Home Sign a sign since there were problems with people finding their way to the
nursing home He has been advised that it is Town policy to put up
a sign but, in fact, that the property owner reimburses the Town He
asked the Board to authorize a temporary sign, similar to what we
have for churches, to be placed, indicating where the nursing home
is Just because of the name change of the road, there is a problem
indicated, and he felt that a temporary permit for up to a year would
help them out during the transition period as there are quite a few
people located at the nursing home
Acting Chairman Bailey asked what he recommended that the sign
say?
Mr Hutchinson replied, Nursing Home; for up to a year would be
fair
Mr Busa said that, in all fairness, he thought that the owner
should be contacted to see if he would like a permanent sign, such as
we have for Greeley Village, Vynebrooke, churches and temples Or,
if that is the case, if he would like a permanent sign at the end
of Emerson Gardens as we do have it in other parts of Town for churches,
etc or if he would like a temporary sign
Acting Chairman Bailey said that there is a substantial difference
between Greeley Village, Vynebrooke, churches and temples and a pri-
vately owned establishment
Mr Busa asked about Symmes Hospital and Mrs Miley said that it
was not in Lexington
Acting Chairman Bailey said that the others are non-profit organi-
zations and that is why we are taking the position in regard to East
Village, to address the immediate dilemma and to provide a time span
to solve that problem
Mr Busa said that if that is the wish of the Board, then that
is the wish of the Board
Acting Chairman asked if anyone wished to make a motion and there
was no response Mr Bailey then said that in the absence of any
further discussion, will this be accepted as the concensus of the
Board?
The Board agreed to the installation of a temporary sign for the
East Village Nursing Home, and Mr Hutchinson was instructed to proceed
on that basis
Chapter 90 Mr Hutchinson informed the Board that the Mass Department of
Hancock St Public Works has submitted a list of seven bids, ranging from $122,514 50
Contract
569
Selectmen's Meeting September 6, 1977
Mr McSweeney requested that the Board also vote to sign the
contract
The Board agreed not to sign the contract until it has been re-
viewed and approved by Town Counsel
Upon motion duly made and seconded, it was voted to award the
contract for Chapter 90 reconstruction of a section of Hancock Street
to the lowest bidder, William P Capone Corp , Roslindale, Massachusetts
in the amount of $122,514 50
Mr Hutchinson informed the Board that he had been approached French
during the summer months by one of the educational institutions in the Visitors
region involved with a program for the education of foreign officials
of how government works within the United States, and he was asked
if French Public Officials could come to Lexington during their Boston
tour They are arriving in Lexington September 14 and will plan to be
here from 9 30 a m to 3 30 p.m
Members of the Board agreed to be present to welcome the French
group and Mr Hutchinson is to contact other officials and the Town
Meeting Members Association to invite them to participate
Acting Chairman Bailey read a letter from Mr Leonard Kluytenaar Pinery Park
of the Lexington Amateur Radio Club requesting the use of a small Permit
section of Emery Park for the demostration of an amateur radio
station in operation, for the purpose of interesting people in amateur
radio just prior to an adult education course in preparing amateurs
for the FCC examination The dates requested are September 22, 23 and
24, 1977
Mr Kluytenaar was present and explained that they are primarily
trying to interest young people in order to relieve the congestion of
CB, and this would be a way of showing what ham radio is as opposed to
CB radio
Mrs Miley was in favor of granting permission as there are many
young people who are interested in radio as a future career
Upon motion duly made and seconded, it was voted to grant per-
mission to the Lexington Amateur Club to use a small section of Emery
Park for demonstration purposes on September 22, 23 and 24, subject
to working out details with the Town Manager
Acting Chairman Bailey read a letter from the Council on Aging Council on
requesting approval of the expenditure of $75 00 from the Special Aging
Gifts Account to enable Mrs Joan Melcher to attend a Crisis Interven-
tion Counseling Course at Middlesex Community College
Upon motion duly made and seconded, it was voted to approve the
request for the expenditure of $75 00 from the Special Gifts Account
of the Council on Aging to enable Mrs Joan Melcher to attend a
Crisis Intervention Course
Mr Hutchinson said that he had been asked by the Comptroller to CoA Gift
advise the Board that the Council on Aging does solicit special gift Solicitation
570
Selectmen' s Meeting September 6, 1977
corporation accounts , and this does require the Board's sanction and
and approval
Upon motion duly made and seconded, it was voted to endorse the
solicitation of gifts by the Council on Aging to support community
programs
Permit Acting Chairman Bailey read a request from the 1977 Revolutionary
Relays of the National Jogging Association to conduct a relay race on
October 16
Upon motion duly made and seconded, it was voted to grant per-
mission to the National Jogging Association to conduct the Revolutionary
Relays on October 16, 1977 from the Battle Road at Minuteman National
Park at Fiske Hill, along the sidewalk on the north side of Massachusetts
Avenue, and finishing at the west corner of the Battle Green, subject
to the conditions of the Police Department
Common Acting Chairman Bailey read an application from the Minute Man
Vict Restaurant for approval of a new Manager Approval has been given
License by the Board of Health
Upon motion duly made and seconded, it was voted to approve the
new Manager of the Minute Man Restaurant in Lexington Center, Mr
Robert St Thomas, and to sign the Common Victualler license, with
hours of operation of 6 00 a.m to 10 00 p.m seven days a week
Theatre Acting Chairman Bailey read applications from the Lex-Mil Theatre
Licenses for renewal of Sunday and weekday licenses to operate Cinema I and
Cinema II Also, to sign the application for approval of the State
Commissioner of Public Safety
Upon motion duly made and seconded, it was voted to sign the
Lexington licenses for the exhibition of motion pictures at Lex-Mil
Threatre, Inc - Cinema I, 1794 Massachusetts Avenue, and Cinema II,
10 Muzzey Street Weekday hours of operation are from 10 00 a.m. to
12 30 p.m ; Sundays from 1 00 p.m to 12 00 Midnight Also, to sign
the application for approval of the State Commissioner of Public
Safety for Sunday licenses for Cinema I and Cinema II
Hancock Acting Chairman Bailey read a request from Town Counsel to sign
Street the Order of Taking for Hancock Street Slope Easements
Easements Upon motion duly made and seconded, it was voted to sign the
Order of Taking for Hancock Street Slope Easements
Hancock Acting Chairman Bailey read a request from Town Counsel to sign
Street the Order of Taking for Hancock Street Slope Easements
Easements Upon motion duly made and seconded, it was voted to sign the
Order of Taking for Hancock Streit Slope Easements
Permit Acting Chairman Bailey read a request to use the Visitors' Center
lawn I
571
Selectmen's Meeting September 6, 1977
Upon motion duly made and seconded, it was voted to grant permis-
sion to the Painters' Guild of the Lexington Arts and Crafts Society,
Inc to use the Visitors' Center lawn for an exhibition on Sunday,
September 25, 1977 from 10 00 a m to 4 00 p.m , rain date of October
2, with the understanding that no sales are to be consummated Also,
arrangements are to be made with the Public Works Department for the
use of the grounds
The Board briefly discussed a letter from an Attorney, who stated Legal
his qualifications in the
field of labor relations
Mr Cohen informed the Board that several Attorneys have written
recently, and it would be up to the Manager to make recommendations
Mr Hutchinson advise the Board that the Town has been negotiating
in-house, with matters of a delicate nature being taken care of by our
own Labor Counsel Emerson Mr Hutchinson wished to continue with
Attorney Emerson's services
The Board agreed
Acting Chairman Bailey read a request from the Institute of Electri- Estabrook
cal and Electronics Engineers for the use of Estabrook Hall as a class- Hall-IEFF
room on October 24 through October 28 or October 31 through November 4
Mr Busa did not think it would be in the best interest of the Town
to have a private corporation using Town facilities, and suggested that
they rent space from private organizations
Mr Bailey said that this is not a corporation, it is a non-profit
professional society and that would influence my feeling about it
Mr Kent agreed and said that if this were simply a corporation
meeting in seminar form, he would agree with Mr Busa completely but,
under the circumstances, it was very much in keeping with the whole
history and basis for the facility of Cary Hall, and we have done this
sort of thing liberally in the past Unless there is something he
' understand,t un tand, on the face of it, the Chairman rather well de-
scribes what it is, that it is an educational program
Mr Busa said that, in his opinion, there is a $10 per day resi-
dent fee and $35 per day non-resident fee and whether the instructors
are going to be paid for their services on those five days is something
he didn't know about If that is a non-profit organization, then he
is mis-reading the whole situation Private organizations like the
Flks, etc would be in a better position to handle them and could use
the small stipend For what we are going to receive there is a large
amount of work involved He stated that he has given his comments and
will vote in the negative
Upon motion duly made and seconded, it was voted 3-1 to grant per-
mission to the Institute of Electrical and Electronics Engineers for
the use of Estabrook Hall on October 24 through October 28 to conduct
a course in Microprocessors for Twenty Students, subject to a rental
fee of $10 00 per day for five days
Mr Busa voted in the negative
572
Selectmen's Meeting September 6, 1977
Minutes Upon motion dulymade and seconded, it was voted to approve the
P PP
minutes of the Selectmen's Meeting held on August 22, 1977
Special Acting Chairman Bailey informed the Board that we have finally
Primary & been officially notified by the House of Representatives that there
Election will be a special election on Tuesday, November 1, for the 37th
State Rep Middlesex County District, to fill the vacancy in the Mass House of
Representatives caused by the election of Representative to the Senate
Precincts 7 and 8, only, are involved in Lexington We have been
informed by Secretary Guzzi's office that formal notification will not
be sent about the primary but October 4 seems to be the date Bedford
and Billerica are having polling hours on both dates of 10 00 a.m to
8 00 p.m Our typical hours are 7 00 a.m to 8 00 p m Mr Bailey
said that he, personally, would not wish to change the hours as people
like to be able to vote early in the morning
Upon motion duly made and seconded, it was voted to call the
Special Primary on Tuesday, October 4, 1977, and the Special Election
on Tuesday, November 1, 1977, for the election of a State Representa-
tive, with polling hours of 7 00 a m to 8 00 p.m , for Precincts 7
and 8, only
Krebs School Acting Chairman Bailey read a request from the Krebs School Founda-
Fair tion to conduct a Fair on school grounds at 453 Concord Avenue on
September 17 with a rain date of Sunday, September 18, 1977 Mr
Bailey said that the Board of Health has no objection Mr Cohen said
that the Selectmen have no jurisdiction on private property, and the
Board agreed to write to the Krebs School and wish them a successful
fair
Block Party Acting Chairman Bailey read a request from the residents of Dewey
Road for permission to conduct a block party on September 10
Upon motion duly made and seconded, it was voted to grant per-
mission to the residents of Dewey Road for a block party on September
10, with a rain date of September 11, 1977, from 3 00 p.m to 7 30 p.m ,
subject to the regulations of the Police Department
DeVincent The Board agreed to defer a letter from Mr DeVincent concerning
Waltham St the sewer at 990 Waltham Street, pending a report from the Manager and
Sewer (Ricci) the Director of Public Works/Engineering
Air Force Mr Busa reported that he, Mr Hutchinson and Chief Corr had gone
Tour on the two-day excursion provided by the Air Force to tour their facili-
ties They had visited Griffin, Rome, New York, and Wright Patterson
Field, which is a logistics research division of the Air Force Rome
has all computer mechanisms There is also a squadron of Air Force
fighter planes flying out of Griffin Hanscom Field has the electronics
division and the air base generates around $1 5 billion in the New Eng-
land area He felt that all the citizens should know about this, and
573
Selectmen's Meeting September 6, 1977
that it isn't strictlydefense orientated has a lot e tested but of spin-offs
in both research and development in private sectors of our community
The tour was both educational and beneficial Mr Busa added that he
had spent $25 50 and at some point in time the Board should have a
meeting to discuss the expense policy and expenditures of their future
needs
Mr Hutchinson added that there were 34 people on the tour, busi-
nessmen, Selectmen, and community groups, and it was very interesting
Looking at the spin-off of employment from Hanscom, they are the 11th
or 14th largest business concerns in New England and this data is going
to be provided to the Board Perhaps there will be a tour of the faci-
lities at Hanscom to tie in with our September 30th trip We found
it to be most informative and also learned that it is a worthwhile ef-
fort on the part of the Air Force
Mr Busa informed the Board that the Lions Club is seeking a per- Lions Club
mit to construct a facility at the Parker football field to replace a Parker Field
concession stand which is deteriorating They would like permission
to excavate and put in a foundation this year and to construct a
building next year
Acting Chairman Bailey said that it would be helpful if they sub-
mitted a plan
Mr Kent suggested that other Town agencies be consulted as they
are talking about park and recreation land
Mrs Miley asked if this might possibly be a matter to be brought
before Town Meeting as they have the feeling that many of their deci-
sions are being eroded as the years go on It is Town property and
perhaps they would at least like to have a say on what sort of thing
it would be
Mr Bailey said that it was his personal point of view that this
is serving everybody involved and, unless somebody squawks, we do it
Mr Kent said that that is the reason why he would like to have
the Recreation Committee have a chance to squawk It is Mrs Miley's
concern that the failure to squawk is because they didn't know anything
about it That certainly is a possible resolution of it but if on
looking at the plan and in talking with the Recreation Committee, where
appears to be a very favorable matter, then he wouldn't have any trouble
going ahead with it
The Board agreed to request the Lions Club to submit a plan and
then invite the Recreation Committee in for discussion
Mrs Miley urged members of the Board to attend two important Middlesex
meetings scheduled for Sptember 8 and September 13 On September 8, County
there will be an emergency meeting to discuss the Middlesex County Meeting
Hospital and the dismissal of Miles Mahoney Fifty-two cities and
towns have been invited by the Executive Board of the Middlesex County
Advisory Committee
On September 13, there will be a meeting in Bedford of the North
574
Selectmen's Meeting September 6, 1977
Binding Middlesex District of the Mass League of Cities and Towns for the
Arbitration planning and organization to kick off a referendum drive opposing
Petition binding arbitration This will be chaired by Mrs Grace Erdman of
the Bedford Board of Selectmen
Executive Upon motion duly made and seconded, it was voted 4-0 by roll call
vote to go into Executive Session, with no intention of resuming the
open meeting, for the purpose of discussing strategy with respect to
litigation
After discussion, it was voted to go out of Executive Session
Upon motion duly made and seconded, it was voted to adjourn at
9 55 p.m
A true record, Attest
E ecutive Clerk, Select
I
ry
t) 4 )
SELECTMEN'S MEETING
September 12, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, September 12, 1977,
at 7 30 p.m Chairman Battin, Mr Bailey, Mr Busa, Mrs Miley and
Mr Kent; Mr Hutchinson, Town Manager, Mrs McCurdy, Executive Clerk,
were present
Chairman Battin informed the Board that notice had been received CoA Mini-
at our office today from Mrs Melcher, Council on Aging Coordinator, Buses
that there will be no more mini-buses for the time being as there
were not enough riders
Chairman Battin requested the Board to sign the Warrant for the Special
Special Primary Primary
Upon motion duly made and seconded, it was voted to sign the Warrant
Warrant for the Special Primary to be held in Precincts 7 and 8 on
October 4, 1977 to fill the vacancy of State Presentative
At Mrs Miley's suggestion, the Board agreed that she is to con-
tact Mrs Ward and Mr Trudeau to see if they are interested in pub-
, licizing the primary and election and also "Vote Today" signs at the
street rather than at the entrance to the polls
Chairman Battin read a request for a 1-Day Special license 1-Day Liquor
Upon motion duly made and seconded, it was voted to sign the License
1-Day liquor license for Kennedy Hall on Saturday, September 24, 1977,
for a wedding reception
Chairman Battin read a notice of a meeting of the 128 West Refuse 128 West
Recovery Council in Estabrook Hall on September 14, stating that the Council
Town of Bedford has nominated an 8-acre parcel of land for considera- Meeting
tion as a resource recovery facility site located in Bedford on the
north slope of Reservoir Hill at Hanscom Field adjacent to Lexington
land at Hanscom Field A resource recovery facility located in this
area may require substantive land use changes, as well as a Hartwell
Avenue Connector from Route 128
Mrs Miley said that the 128 West group hopes that we will recon-
sider, as we did decide that we would not become part of it and Bedford
was going to go alone
Mr Hutchinson said that, in fairness, looking at the data that
was in front of the Board at the time, it did not seem desirable to
indicate that we could support that site until questions like the
Hartwell Connector and ramifications of that type were considered
Mrs Miley said that they would like it to be a joint package of
Lexington and Bedford
Chairman Battin said that, right now, we have to look at the im-
rwrup
Selectmen's Meeting September 12, 1977
plications for us, and we should designate someone to attend
g
Mr Kent, Mr Bailey, Mr Hutchinson, and Mr Empey of the Public
Works Department plan to attend the meeting, and the Planning Board
is to be contacted to send a representative
Community Ms Sandra Shaw, member of the Community Relations Committee, met
Relations with the Board Mr James Crain and Mr Neil Chapman, members of the
Committee Personnel Advisory Board, were also present
Report Chairman Battin read the following report from the Community Re-
lations Committee
"In December 1976, the Selectmen charged the Community Relations
Committee with the responsibility of investigating equal opportunities
for all citizens within the Town of Lexington with specific emphasis
centering on minorities, individuals and families
"A series of open meetings were held during which citizens ex-
pressed viewpoints on such matters as police interaction with minori-
ties, curriculum materials of the public school system and hiring
II
policies and/or practices of the public and private sectors
"Following a series of open meetings, members of the Community
Relations Committee met with various individuals and groups including
the Superintendent of Schools, Town Manager, Personnel Advisory Board,
the Chamber of Commerce, and the Concerned Black Citizens of Lexington
In addition, several agencies including the Massachusetts Commission
against Discrimination, Massachusetts League of Cities and Towns and
other town governments were contacted with respect to affirmative
action programs
"At the time of our charge, the Committee found there was suffi-
cient evidence to indicate that the Town had not done all it could
to encourage equal opportunity in Lexington The Community Relations
Committee, however, recognizes the present efforts of the Board of
Selectmen in unanimously voting to adopt an affirmative action policy
"In keeping with the above, the Committee wishes to support the
present direction of the Board and in addition, recognizes the other
boards, agencies and committees that are endeavoring to address equal
opportunity
"We commend the Lexington Public School Committee for their equal
opportunity action program and the present efforts of the Lexington
school administration in actually pursuing minority candidates for
all levels of employment We strongly support the Chamber of Commerce's
position in advocating equal opportunity employment statements for all
in hiring advertisements We enthusiastically endorse the present
efforts of the Personnel Advisory Board in their pursuit of an affirma-
tive action plan for all public town agencies
"We offer the following recommendations
"We urge the Lexington Public School Committee to undertake an
analysis of system wide curriculum in order to ascertain the
degree of effectiveness with which women and minorities are
represented and integrated into content materials at each grade
level
571
Selectmen's Meeting September 12, 1977
"We recommend that the Board of Selectmen examine various
approaches including utilization of workshops which would
heighten the consciousness of all members of town agencies with
respect to interpersonal relations in the work environment.
"We feel there is a need for additional publications of town
wide grievance procedures in order to allow individuals to
seek redress or offer suggestions relating to any body which
provides town wide services
Chairman Battin asked Ms Shaw if this would also mean those that
we fund, such as, Mystic Valley, the Visiting Nurse Assocation, in
addition to actually our own?
Ms Shaw replied that the committee was really mentioning Town
employees, including schools and the Police Department There were
some complaints that came to us with regard to Town services, that
they felt there were problems We felt that if people were aware of
the grievance procedure and if an effort were made by the Town to
publish them, people would feel more comfortable that it has happened
Already, the Police Department has been stressing the way to address
grievances and the School Department has also done this We just
wanted to cover the whole gamut of Town services
Chairman Battin continued reading the report, which stated that
"In addition, we feel there is much confusion on the part of many
people as to the exact nature of affirmative action and we hope that
both affirmative action, equal opportunity and grievance procedures
would be included in the town report and Minute-man Publication in
order to assure greater knowledge of these related subjects "
Mr Hutchinson said that we understand what is meant by the
grievance process, namely that there is a process for people who are
dissatisfied with the system in any way or the action of our employees
or of our administrators, to go to the department head involved if it
is a departmental type of thing and, if dissatisfied with that response,
they should come to the Manager's office and, if dissatisfied with his
response, to go to the Selectmen; to remain available at any of those
levels if someone chooses to reverse the process, which is periodically
done The smartest thing to do is to go to the operating department
because many times the problem can be resolved at that level We
would be more than glad to publicize that process within the town re-
port if that's the wish of the Board and others
Ms Shaw said that it should be in the town report but we felt
that this should be more of a public notice in the newspaper
Mr Hutchinson said that we did have one effort on that Ms
Shaw said that it should continue
Mr Chapman asked if they had in mind the process of what the
unions use and what the impact is on their grievance procedures , and
then addressing yourselves to it?
Ms Shaw replied that they were not; they were talking about
parents coming to them and saying that kids were being put down in the
Selectmen's Meeting September 12, 1977
What dodoin the schools? We knew there is a rote-
classrooms at you h proce-
dure but a lot of people don't know that there is an established
procedure they may go through
Mr Chapman asked about other departments in the Town such as the
police and fire?
Ms Shaw said that they are covering all of them If there is a
police complaint, to go to the Chief and, if not satisfied go to the
Town Manager, then to the Selectmen It is just to let people know
that we do have a system that we try to follow
Mr Crain suggested clarification that they are talking about
citizen appeal concerning town departments because the generic descrip-
tion is grievance procedure
The Board agreed that they were citizen complaints
Chairman Battin said that the reason for her question on whether
it included other agencies we fund was because there was some complaint
on Mystic Valley Mental Health that they weren't serving minority groups,
and we do fund them - whether there ought to be some process for the
agency we fund if people feel they were discriminated against She
didn't know how that would be handled and raised the question for them
to look at it
Mr Hutchinson said that the Board, being the last recourse of
appeal, is the place to address the complaints Again, if they would
utilize his office since he's there all the time, he could investigate
those complaints for the Board and the agency concerned, and record
what action had been taken It would be for the agencies we fund to
come under the scrutiny of those complaints' form
Chairman Battin said that a letter had come to the Board from an
irate group of citizens and it could have come to Mr Hutchinson first
to investigate, as the Board had no way of knowing if it was valid or
not
Mr Kent had a question with respect to workshops that the committee
suggests might be useful from the standpoint of relevant town organiza-
tions He asked if they had talked about detail in connection with
that?
Ms Shaw said that they had not really gone into it Arlington
had a day long series of workshops where they involved all citizens
and employees, and they had specifically designed workshops to raise
awareness of certain situations or if there were any trouble areas
They found it to be a very satisfying day and we thought it was our
role to suggest it to the Selectmen and, if they felt it was something
worthwhile, perhaps we could go further into it It had been suggested
that those kinds of things would be advantageous She added that it
is not something to easily describe
Mr Kent agreed and said that he reacted very positively to it but
it is the sort of thing that has to be planned with a great deal of
foresight and care if it is really to be effective, which is why he
had asked if there is some experience that she knew about
Mr Hutchinson said that he would point out that that is the dimen-
sion of the affirmative action plan that the Board adopted, specifically
Selectmen's Meeting September 12, 1977
as it relates to to town supervisors and town employees The Personnel
Advisory Board had queried him about what he had done about that di-
mension and he will be doing something on it We have not taken the
steps right now but it would be something along those lines; extend-
ing it to the public as a whole is another dimension of that process
Chairman Battin asked if the PAB had any comments about the work-
shop suggestion?
Mr Crain replied that it is a good suggestion; however, it takes
a lot of planning and you have to insure a high quality of supervision
for it to be a meaningful undertaking for people Without reinforce-
ment, it is a problem for lasting value
Chairman Battin stated that it is clear from what everyone has
said that if we want it done, we ought to clearly assign the responsi-
bility either to the CRC, which is interested in doing this, or some-
one else, and have them work with the Manager and other interested
groups Chairman Battin asked Ms Shaw if CRC had discussed the first
recommendation on the analysis of the curriculum with the School
Committee?
Ms Shaw replied that they did not
Chairman Battin said that this is directed to them and you would
have our blessing to pass it on to them She asked if CRC should dis-
cuss the workshop suggestion and explore it further and then come back
to the Board, or would it be better assigned to someone else?
Mr Hutchinson said that he was not too sure of what the disposi-
tion of the committee is We do want to avoid duplication and we have
been approaching it administratively right now He felt that there
would have to be considerable planning process to get it to the gen-
eral public He was not sure of how the Board wished him to work on
that process but he would work with a group the Board assigns Also,
he was not sure that CRC wanted to take it on at this time, or the
Personnel Advisory Board We are trying to gear up to doing things
in-house and then also educating our supervisors about this so that
they see it as a non-threatening type of thing He was not sure what
agency is the proper vehicle for this but if CRC would want to consider
working with the administration, he would be glad to do something
Ms Shaw said that CRC didn't get to that step actually of who
would be doing it This came out of discussions and the kind of con-
clusions reached We just felt it was our role to recommend
Chairman Battin said then, despite the interest in it, it was
not necessarily felt that it should stay with the committee
Ms Shaw said that it was not She assumed that the Board would
be forming a new Community Relations Committee and it depends on what
role they might like to play
Mrs Miley asked what section of Arlington government sponsored
the workshops? They have a large human resource group and we don't
have any staff to do what they do if it would be under that auspice
Ms Shaw said that CRC didn't pursue it that much; it just seemed
like something worth doing
580
Selectmen's Meeting September 12, 1977
Chairman Bthe
Battin asked for comments as to who is proper a e ?agency?
Mr Chapman said that one of the things that PAB had discussed
was the on-going aspect of this, and we had not seen a preview of what
CRC had in mind We didn't know whether CRC would be discharged but,
regardless of what you decide on that, we felt that it was important
for the Town Manager to have your support or to have it handled what-
ever way you wished That would encourage certain key groups, through
their Charman perhaps, to consult together occasionally along the way
on results of what steps have been taken and the reaction to them In
our discussions of the work the Town Manager has done on this, we felt
that as far as general town government is concerned, that is where the
ball would lie, and we would be available to work with him as long as
he has your support As far as the schools are concerned, we have
established some liaison there, and the Town Manager and the School
Superintendent are having some discussions occasionally on things like
this, which will gradually become steps that are taken It seems there
is visible evidence of progress of this endorsement and support so we
felt coordination was important and the Town Manager should carry it
for the general town government and the contacts he has had with the
School Superintendent and whatever CRC does to get their report before
them
Mr Kent said that in-house communication is the next step and
perhaps we ought to establish that and become, on a broader base,
comfortable with that prior to going to a broader, townwide workshop
You are really moving with respect to that right now
Mr Hutchinson said that we have come a long way and we are
learning The School Department is working in this area as well, and
we would like to get our own ducks in line before we build up
Mr Kent said that in this area, it is a case of step consoli-
date, step consolidate, and the consolidation part of it is very im-
portant
Mr Hutchinson said that the suggestion made by CRC is very
important - to explain to the community to gain that level of accep-
tance Perhaps he could gear to some timetables if he has a chance
to work on it with the supervisors, and to come back to the Board to
shoot for something in the spring for the public - assuming that we
have done some things internally and met some of our own goals
Chairman Battin suggested that the Board consider adopting this
as the next step after we have informed our own employees The Town
Manager will tell us what he wants, and we might convene a special
committee as there are certainly a lot of interested people who were
on the LCSR; there are many people who are willing to work on it
First, we subscribe to it as a step we want to take, and the Manager
tells us when he is ready to begin planning
Upon motion duly made and seconded, it was voted that the Town
Manager is to schedule workshops for the education of supervisors in
Town Government to discuss areas concerning interpersonal relationships
in the work environment
�r
581
Selectmen's Meeting September 12, 1977
The Board agreed that the Community Relations Committee is to con-
tact the Lexington School Committee to discuss the CRC recommendation
that the School Committee undertake an analysis of system-wide curric-
ulum in order to ascertain the degree of effectiveness with which women
and minorities are represented and integrated into content materials
at each grade level
The Board agreed to publish in the Lexington Minute-man and the
Annual Town Report the policy concerning the proper procedures to be
followed on citizens' complaints relating to any body of Town Govern-
ment or agencies funded by the Town of Lexington
Chairman Battin added that people will know what affirmative ac-
tion is, equal opportunity, and the procedure for redress We must
make sure that everybody is talking about the same thing, and that
the definitions are constant
Mr Busa agreed that the definition is very important He under-
stood equal opportunity but if you ask fifty people about affirmative
action, you will get fifty different definitions
Mr Crain said that, basically, as he understood it, equal
opportunity indicates that if people show up on your doorstep, you
provide them equal opportunity Affirmative action is just to make
sure that people know that equal opportunity is your policy
Chairman Battin said that there is the further question raised CRC
tonight of the future role of the Community Relations Committee At Membership
some time after the previous charge had been dealt with, the question
was whether the Committee ought to remain as constituted but lie dor-
mant until there was a community need, either identified by them or
the Board of Selectmen, or the people that brought it to our atten-
tion, or whether they have directions they would like to go now or
whether the Board has particular directions I think we have to
consider now what we want the committee to do - whether to continue
to be available as needed but not give it any charge right now?
Ms Shaw said we all feel very strongly right now that the com-
mittee should continue to know there is a definite role for the com-
mittee As far as the direction it take, we look to the Selection for
suggestions We would be reconstituted as there are some members who
would be going off the committee and I think when a new committee is
formed, at that time we would like to meet with the Selectmen to dis-
cuss possible areas
Chairman Battin said that your committee would continue and
there would just be the normal replacements for those who would go
off What is the Board's pnsition, do you want them to remain with
particular charges?
Mr Kent said that he was glad that the committee itself per-
ceives the desirability of its own continuation He wasn't prepared
tonight to suggest positive items for their agenda but perhaps we
ought to put it on our agenda to discuss, and there ought to be some
communication twixt us and members of the committee with respect to
Selectmen's Meeting September 12, 1977
thisAs far as membership, we ought to keep the membership current;
it ought to be continually renewed with people who have interest,
and people who would prefer not to participate longer not be dragooned
longer
The Board agreed to send a letter of thanks to CRC members, and
ask if they would be willing to continue to serve; if not, replacements
will be found The newly constituted committee will convene and meet
later with the Board for dialogue on possible items
Ms Shaw agreed that CRC will talk with the School Committee, and
she retired from the meeting
Traffic- Chairman Battin read a request from Mr Marshall Duane, 16 Meriam
Meriam Street, for two 30 M P H signs on both sides of Meriam Street because
Street of through traffic to the Burlington Mall
Upon motion duly made and seconded, it was voted to refer the re-
quest for two 30 M P H signs on Meriam Street to the Traffic Safety
Committee for a recommendation
Permit- Chairman Battin read a request for the use of the Visitors' Center
Visitors' lawn
Center Upon motion duly made and seconded, it was voted to approve the
request of the Pilgrim Congregational Church for the semi-annual
Colonial Bake Sale to be held on the Visitors' Center lawn on Septem-
ber
30 from 10 00 a.m to 2 00 p.m ; rain date of October 1
Chapter 90 Chairman Battin read a request from Mr John J McSweeney, Di-
Hancock rector of Public Works/Engineering to sign the contract for Chapter
Street 90 reconstruction of Hancock Street Town Counsel has approved as to
Contract form
Upon motion duly made and seconded, it was voted to sign the
contract with William P Capone Corp , Roslindale, for Chapter 90 re-
construction of Hancock Street, in the amount of $122,51+ 50 Authorisa-
tion is contained in Article 23 of 1977; Article 26 of 1976,. Article
26 of 1975, and Article 25 of 197+
Permit - Mr Hutchinson informed the Board that the Amateur Radio Club has
Emery Park requested a change in date to September 17 from 9 00 a.m to 5 00
p m for the use of Emery Park to demonstrate an amateur radio
station in operation
Upon motion duly made and seconded, it was voted to grant per-
mission to the Amateur Radio Club to use a small section of Emery
Park on Saturday, September 17, 1977
Emerson & Mr Hutchinson advised the Board that letters have been sent to
Worthen residents of Emerson Road and Worthen Road informing them that the
Roads Board will discuss on September 19 the intent to change the street
numbers back to their original designation
583
Selectmen's Meeting September 12, 1977
' Mr Hutchinson reminded the Board that the French municipal French
officials will be in Lexington September 14 at 9 30 a.m tcoMeet Officials'
with the Board, representatives of the School Committee anc the Town Visit
Meeting Members Association for approximately one hour, an then pro-
ceed with a tour to include historic homes and Town departments
Mr Hutchinson informed the Board that Mrs Clarke ha: indicated Special
that the Town Meeting Members Association would prefer the date of Town Meeting
December 5 for the Special Town Meeting
Mr Busa again suggested that the Warrant be held to e.s few
Articles as possible because if there are 8 or 9 sessions ye would
be running into religious holidays
Mrs Battin assured him that there would not be that many Articles
or sessions
Mrs Miley stated that Town Counsel had informed her that the Hancock School
material had been put together regarding the Hancock Schoo] area
and the Historic Districts Commission, and Town Counsel hopes that
it will be included in the Special Town Meeting The Committee
realizes that a zoning change will be required
The Board agreed to set the date at a later meeting ar.d agree on
when the Warrant would be closed for the Special Town Meeting
Mr Hutchinson recommended approval of the request from Mrs Lurie Drain
Nancy Lurie for a drain connection to her property at 4 Tufts Road Connection
Plans have been submitted and reviewed by the Public Works Depart-
ment, and this connection would resolve a long-standing prcblem
Upon motion duly made and seconded, it was voted to aiprove the
recommendation of the Town Manager to grant permission for a drain
connection to the property owned by Mrs Nancy Lurie, 4 Tufts Road,
subject to conditions set forth by the Director of Public Works at
the time of installation
Mr Hutchinson informed the Board that arrangements are being Joint
made far a joint meeting of the Board, Manager, Appropriation Com- Meeting
mittee, Capital Expenditures Committee and the School Committee for
discussion of the budget process and the Town's financial situation
The Board agreed that it would be held at the regular Selectmen's
meeting on September 26 or October 3
Mr Hutchinson recommended a review of the school mairtenance Central
system. He has had preliminary discussion with Dr Lawson School Maintenance
Superintendent, on (1) that we might look at, in the operating bud- System
get, the assumption of certain responsibilities of the School De-
partment and, where feasible, DPW would have better equipment for
maintenance purposes than the School Department , such as mewing
equipment; we actually have larger and better equipment an people who
are better trained in those types of equipment This is a possibility
584
Selectmen's Meeting September 12, 1977
for absorption and means a greater responsibility for the Town and
also, costs (2) in the employment selection practices , to have some
of our Public Works' people sit in on interviewing personnel for the
School Committee, such as a maintenance superintendent; it might be
well to have someone like Mr Coscia or Mr Empey to sit with them in
an advisory capacity (3) The issue of centralized building mainte-
nance is rather an extensive one that is not easily addressed in a
short time In the system, there are 50+ custodians and 8 maintenance
people for approximately 15 buildings We ask your consideration of
assigning a task force to work with the Manager and the School Super-
intendent We would like to have a 6-man task force, with a representa-
tive of the Board of Selectmen and the School Committee, plus a citi-
zen appointed by the Board and one by the School Committee, who would
have experience in large maintenance operations Within the next few
months, we would come back with a report on what we have found; how
we get there is important and we should look at its long range impli-
cations
Mr Bailey volunteered to represent the Board of Selectmen, and
the Board agreed to appoint a citizen within the next few weeks
Compulsory Mr Hutchinson discussed a letter from the Massachusetts League of
Cities and Towns stating that it is time for municipal associations to
show concern about compulsory and binding arbitration, which is the
single biggest issue of municipal governments in the legislative
session There are 60 days between September 30 and November 30,
during which time the associations will be gathering 56,000 certified
signatures for the compulsory and binding arbitration initiative
petition drive
Chairman Battin said that our meeting will be held in Bedford to-
morrow evening, and the Board ought to be thinking about Lexington's
coordinator
Mr Neil Chapman said that the Personnel Board is concerned that
they have not been consulted all the way through, and people on that
Board are very knowledgeable
Chairman Battin said that the Town Manager will talk with PAB
The Board agreed to further discussion after the Bedford meeting
Selectmen's Mr Busa discussed vouchers for Selectmen's expense which had been
Expenses submitted, approved and processed for payment by the Town Manager He
stated that his interpretation of the $200 expense money for each Se-
lectman was that it was to take care of miscellaneous expenses incurred
and, if at any point in time a Selectmen has to spend a large amount of
money, the Board must authorize this expenditure Small and large amounts
for parking fees, lunches, in-state and out-of-state seminars have been
processed, and he strongly objected to this procedure without the Board's
authorization He asked for the opinion of the present Board regarding
the use of the $200
Chairman Battin said that it was a good point and she had planned to
bring it up to the Board Traditionally, the amount had been $100 but
585
Selectmen's Meeting September 12, 1977
III
had been raised within the last 15 years to $200 by Town Meeting by a
change in the By-Laws Increasingly, the scope of the Board of Select-
men has broadened and there are four or five categories of expenses
which members of the Board were incurring which they didn't before
There are meetings of organizations to attend, such as the Mass
Selectmen's Association, Mass League of Cities and Towns, Middlesex
County Advisory Board, Governor's Task Force, etc For the first time
in the last couple of years, members of the Board are actually officers
of these organizations and we have no option but to attend meetings
Mr Busa said that he had no problem with understanding that but
it had been brought to his attention that somebody is going to a
meeting in California and has been invited under another auspices, and
he didn't think the Town of Lexington should pick up the bill
Mr Hutchinson said that these groups rely on the fact that local
officials cannot attend these meetings and that's how we wind up being
at the wrong end of the stick It is extremely important that our
elected officials, if they have the capability, through the support of
whatever level of expenditure you desire, be able to participate, be-
cause we are only as effective as the people who represent the community
Mr Bailey recommended that each member think about his perception
of what the $200 covers and also consider that any authorization for
expenditures beyond that should be acted upon by the Board A simple
memo in the Selectmen's packet on Friday could give the information
III
and estimated expenses
Chairman Battin agreed that the Board ought to seriously consider
the $200 Maybe that appropriation should be scratched and members
just file for expenses actually incurred
Mrs Miley commented on Mr Bailey's recommendation and said that
this would be for what you consider large expenses for a weekend, and
how far down the line do we go on this?
Mr Bailey agreed that was a good point The Board has to decide
what the $200 covers It was his personal feeling that the only things
to go through the expense account would be in large areas; mileage,
1 occasional lunches would be covered by the $200
Mr. Kent said that there is the preliminary step as to whether
the $200 is really feasible, and whether we ought to substitute a
system of accounted expenses and eliminate the $200 We should take
up these items as agenda items and take a hard look at them to deter-
mine whether we should continue in this vein and lay out the sort of
things Mrs Miley makes it very clear have to be laid out
The Board agreed to discuss the matter in detail in a few weeks
Upon motion duly made and seconded, it was voted 5-0 by roll call Executive
vote to go into Executive Session, with no intention of resuming the
open session, for the purpose of discussion concerning the reputation
of individuals
After discussion it was voted to go out of Executive Session
III
Upon motion duly made and seconded, it was voted to adjourn at 9 00 p.m
A true record, Attest
eee,,,,,,_.,x_, -;. c.
„ri Executive Clerk, Selectmen
X86
SELECTMEN'S MEETING
September 19, 1977
A regular meeting of the Board of Selectmen was held in the
Selectmen's Meeting Room, Town Office Building, on Monday, September
19, 1977 at 7 30 p.m Chairman Battin, Mr Bailey, Mr Busa, Mrs
Miley and Mr Kent; Mr Hutchinson, 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
Madeleine E Bennett 52 Grove Street
Catherine L LaFauci 56 Cary Avenue
Susan E Morian 9 Millbrook Road
Mark Wright 11 Kendall Road
Norma M Ricci 55 Bridge Street
Katherine M Youland 215 Follen Road
Lawrence Phillip Chair 25 Fairlawn Lane
Perry Adler 46 Webster Road
Poles - Chairman Battin opened a hearing on the joint petition of the New
Hancock St England Telephone Company and the Boston Edison Company for the re-
moval of one pole and the location of one pole on Hancock Street at
the Hancock Clarke House
Notices of the hearing were sent to abutters listed on the
petitioners' plan and also filed with the Public Works Department
Chairman Battin read a recommendation from Mr McSweeney that
permission be granted for the removal of one pole and installation
of one pole in accordance with the request of the Historical Society
Mr Roland Pinault, representing the Telephone Company, and Mr
Edmund Kelley, representing the Boston Edison Company, were present
to request approval of the project
Mr Martin Gilman, President of the Historical Society, was re-
corded in favor of the petition He questioned how they will be ser-
viced by the new pole as the Hancock Clarke House is presently under-
ground from the existing pole
Mr McSweeney explained that details are being worked out by the
Public Works Department
No one else being present in favor or in opposition, Chairman
Battin declared the hearing closed
Upon motion duly made and seconded, it was voted to grant per-
mission to the New England Telephone Company and the Boston Edison
Company for the following joint owned poles
Hancock Street, on the easterly side, approximately 160+ feet
north of Hancock Avenue, one pole with sidewalk anchor and guy
5 8'r
Selectmen's MeetingSeptember
19, 1977
Hancock Street, on the westerlyapproximately side, approx mately 160+ feet
north of Hancock Avenue, one pole
Chairman Battin opened a hearing on the petition of the New Eng- Conduit -
land Telephone Company for the location of 66+ feet of conduit on Worthen Rd
Worthen Road to service the Ryder Lane subdivision Ryder Lane
Notices of the hearing were sent to abutters listed on the Subdivision
petitioner's plan and also filed with the Public Works Department
Chairman Battin read a recommendation from Mr McSweeney that
permission be granted for the installation of underground conduit to
provide service to the new Ryder Lane subdivision
Mr Roland Pinault and Mr Edmund Kelley requested approval of
the project
No one else being present in favor or in opposition, Chairman
Battin declared the hearing closed
Upon motion duly made and seconded, it was voted to grant per-
mission to the New England Telephone Company for the installation of
conduit at the following location
Worthen Road, on the northerly side, from existing pole 345-50
located east of John Poulter Road, easterly to Ryder Lane,
approximately 66+ feet of conduit
Chairman Battin read a petition from the New England Telephone Poles -
Company and the Boston Edison Company for approval of joint reloca- East Street
tion and removal of poles on East Street
A report from Mr McSweeney stated that the petition, plans and
orders were done in conjunction with Chapter 90 on East Street, which
the Board previously approved This approval is only a formality to
complete the record keeping by the Town of Lexington, Boston Edison
Company and the New England Telephone Company
Mr Pinault, representing the New England Telephone Company, and
Mr Kelley, representing the Boston Edison Company, agreed that it
was just for the record
Upon motion duly made and seconded, it was voted to approve the
petition of the New England Telephone Company and the Boston Edison
Co , without a hearing, for the following project which had been com-
pleted because of a public commitment to the Town of Lexington
East Street, approximately 180 feet southerly from Lowell
Street, nineteen poles, also, twenty-one poles to be re-
moved Sidewalk anchor guys on existing pole 27/40;
sidewalk anchor guys on poles 27/28 and 27/29
Mr Louis A. Zehner, Town Treasurer, informed the Board that he Treasurer
had received bids on borrowing $1,250,000 in tax anticipation, and he
recommended that they be awarded to the lowest bidders
IllUpon motion duly made and seconded, it was voted to approve the
588
Selectmen's Meeting September 19, 1977
recommendation of the Town Treasurer to borrow $1 25 0,000 in tax
anticipation, notes to be dated September 30, 1977 and due on November
7, 1977, interest at maturity, from the following banks
Shawmut County Bank $500,000 at 1 90%
Harvard Trust Co 200,000 at 1 97%
New England Merchants Bank 250,000 at 1 99%
Shawmut of Boston 250,000 at 2 00%
First National Bank of Boston 25,000 at 2 01%
State Street Bank 25,000 at 2 01%
State Mr Hutchinson commented that he had never worked in a place where
Certification the State has to certify the notes and he felt that it is an unnecessary
of Notes process; perhaps we should submit legislation to get rid of it
Mr Cohen said that if the State didn't certify the notes, you
would have to go through Bond Counsel
Chairman Battin said that we might want it repealed, and suggested
that Mr Hutchinson bring it up at the Managers' Association meeting
Forum on Chairman Battin informed the Board that Mr William Page, Chairman
Aging Appt of the Forum on Aging, recommends the appointment of Mr Jacob Gardner,
17 Normandy Road, representing the AARP
Upon motion duly made and seconded, it was unanimously voted to
appoint Mr Jacob Gardner a member of the Lexington Forum on Aging as
the representative of the American Association of Retired Persons
Sewer Chairman Battin read a request from Mr McSweeney, Director of
Assessments Public Works/Engineering, to sign the lists of sewer betterments and
and abatements for Mr and Mrs Strang and Mr and Mrs Roos
Abatements Upon motion duly made and seconded, it was voted to sign the list
of sewer betterments on Alcott Road, Cliffe Avenue, Earle Street, and
Concord Avenue; with abatements for William & Ann T Strang, 225
Concord Avenue, on Lot 4A, in the amount of $871+ 60, having been
previously assessed on Hutchinson Road Also, Eric H & Signe Roos,
217 Concord Avenue, on Lot 5A, in the amount of $1,018 30, having
been previously assessed on Hutchinson Road
Minutes Minutes of the September 6 meeting were submitted for approval
Upon motion duly made and seconded, it was voted to approve the
minutes of the Selectmen's meeting held on September 6, 1977
Sewer - Mr McSweeney requested that the Board table his request to sign
Marrett Rd the order of construction of sewer on Marrett Road
Upon motion duly made and seconded, it was voted to table the
matter of signing the order of construction of sewer on Marrett Road,
as requested by the Director of Public Works/Engineering
Cary Hall The Board discussed a request from Mr Levi Burnell for the use
Bicen Band of Cary Hall for two Bicentennial Band concerts with the Town absorb-
Concerts ing fees for custodian, policeman and fireman The Board agreed because
Selectmen's Meeting September 19, 1977
they are free concerts for the enjoyment of the public
Upon motion duly made and seconded, it was voted to grant permis-
sion to the Bicentennial Band for the use of Cary Hall on November 18,
1977 and March 10, 1978, with no charge for custodian, policeman and
fireman
Chairman Battin read a request for a parade permit Parade
Upon motion duly made and seconded, it was voted to grant per- Permit
mission to the Menotomy Minute Men to march from the Arlington line
on Massachusetts Avenue to the Battle Green on Sunday, October 9, 1977
at 10 00 a.m , subject to the conditions stipulated by the Town Manager
or the Chief of Police
Chairman Battin informed the Board that Mr James Wood of 51 Initiative
Gleason Road is willing to serve as the Lexington coordinator of the Petition
initiative petition drive for local acceptance of arbitration awards Drive
Upon motion duly made and seconded, it was voted to appoint
Mr James Wood as Lexington coordinator of the initiative petition
drive for local acceptance of arbitration awards
Chairman Battin said that we have contacted the Appropriation
Committee, the Town Meeting Members Association, and the Personnel
Advisory Board to find out what kind of help they are willing to
give, and it is my hope that each member of the Board of Selectmen
will also make a commitment to obtain some signatures in their own
precinct
The Board agreed to schedule a joint meeting on September 26 at
8 00 p.m to discuss the campaign for the initiative petition drive
Chairman Battin read a report from Mr John McSweeney, Chairman Traffic-
of the Traffic Safety Committee, in response to a request from Mrs Vynebrooke
Reilly of Vynebrooke Village to alleviate conditions caused by park- Waltham St
ing on Waltham Street
Upon motion duly made and seconded, it was voted to accept the
recommendation of the Traffic Safety Committee that the curbing at
Vynebrooke Village on Waltham Street be painted yellow in the area
located twenty feet before and twenty feet after the entrance to
Vynebrooke Village
Chairman Battin read a letter of resignation from Mrs Ruth Resignation
Mitchell Celebrations
Upon motion duly made and seconded, it was voted to accept, Committee
with regret, the resignation of Mrs Ruth Mitchell as a member of
the Town Celebrations Committee, subject to Mrs Mitchell submitting
her resignation to the Town Clerk
The Board discussed with Mrs Jacqueline Ward and Mr Roger Voting Signs
Trudeau the matter of "Vote Today" signs for the special primary
and election of a State Representative on October 4 and November 1
590
Selectmen's Meeting September 19, 1977
It was agreed that Mr McSweeney would make arrangements with the
Public Works Department to paint the signs and install them at street
levels near the polling places in Precincts 7 and 8, and other places
designated by Mrs Ward and Mr Trudeau, with the understanding that
the Town would be reimbursed for the costs involved
Forum on Mr Hutchinson announced that the Town had received a grant of
Aging Grant $5,000 from the National Science Foundation to the Lexington Forum on
Aging Congratulations are due Mr William Page for his fine work as
Chairman and he is responsible for this grant being given to support
the activities of the Forum on Aging
The Board agreed
Bedford Mr Bailey and Mr Kent commented on the 128 West Resource Recovery
Resource Council meeting in Cary Hall on September 14
Recovery Site Mr Bailey said that Lexington's position was why should Lexington
have to support Bedford's nomination of a resurce recovery plant site
at Hanscom? It turns out that the site probably isn't any good unless
some adjacent land in Lexington is included, so Lexington is essential
to them going forward with the evaluation, and it seems there is no
reason not to do it It may die at any point as there are many, many
steps it has to go through before it is approved.
Mr Kent added that there was another factor of the Hartwell Avenue
connector, which should be revived for consideration and become part
of the picture
Mr Bailey recommended that the Board invite the Planning Board
and the Selectmen's Solid Waste Advisory Committee to a joint meeting
next week
The Board agreed to schedule an appointment for September 26, 1977
Ambulance Mr Hutchinson explained that the Town is owed over $1,500 in un-
Bills collectible ambulance bills and despite efforts pursued by the previous
administration, we have been unsuccessful in collecting these past bills
While he personally found it distasteful, he suggested that the Board
may want to consider utilizing a collection agency to pursue these in-
dividuals; we could further consider legal actions against these indi-
viduals or write it off the books Letters have been sent by the Tax
Collector, telephone calls have been made, and Town Counsel advises
that it is not a lien matter
After discussion, the Board agreed that Mr Hutchinson is to design
a process of collecting overdue ambulance bills, discuss it with Town
Counsel, and come back to the Board with a recommendation
Central Mr Hutchinson informed the Board that, in addition to Mr Bailey,
Maintenance Mr Busa has indicated his willingness to serve on the task force to
System study the feasibility of a central maintenance system
The Board agreed that Mr Bailey and Mr Busa are to represent the
Board of Selectmen on the task force
591
Selectmen's Meeting September 19, 1977
The Board agreed to a joint meeting with the Appropriation Commit- Joint Budget
tee, Capital Expenditures Committee, School Committee, and the Personnel Meeting
Advisory Board on October 3 to discuss the Town's financial situation
and the budget process
The Board also agreed with Chairman Battin's recommendation that
discussion be held at the joint meeting about instituting a process of
having our State legislators meet with the Selectmen and the other three
committeesto discuss concerns about legislation which impacts the Town;
to speak generally at the first meeting and then talk about specific
legislation
Mr McSweeney discussed recycling and submitted a proposal for con- Recycling
sideration of the Board and approval on September 26 The proposal in-
cluded 1 Expenditure for the bunkers, 2 Methods on getting alternate
bids for 3 days vs 42 days' pick-up He continued that we are now
using the Hartwell landfill for the collection and taking it to the
marketplace We need a decision on the proposal; then, go out for bids
The Board agreed to discuss the recycling proposal at the next meeting
The Board briefly discussed petitions from residents of Emerson Emerson &
Road and Worthen Road expressing their dissatisfaction with the recent Worthen Rds
change in house numbers Notices had been sent by the Town Manager Street Nos
to each home on both streets that the matter would be discussed by the
Board at 8 30 p.m this evening; Mr Howard Levingston of Emerson Road
was the only resident present
Upon motion duly made and seconded, it was voted to change the
numbers on Emerson Road and Worthen Road back to their original desig-
nation
On behalf of the residents, Mr Levingston thanked the Board for
its action in resolving a confusing situation, and retired from the
meeting
Mr Hutchinson informed the Board that results have been favor- Chapter 90
able on the Chapter 90 Hancock Street project Costs were $130,000, Adams Street
leaving a remainder of $100,000 and, by October 4, the Board could
submit to the County the name of another street and an alternate for
Chapter 90 funding Next week, the Public Works Department will sub-
mit a recommendation for Adams Street for the consideration of the Board
and, if approved, to be submitted to the County Commissioners
Mr Bailey said that the philosophy on Hancock Street for Chapter
90 was quite different Adams Street (previously turned down by Town
Meeting) was undertaken on the old Chapter 90 guidelines and if we
approach it the same way as we did on Hancock Street - uniform width
within the present layout, curbing, no trees removed - he had no
* hangup about it at this time
Mr Kent said that in the light of what is involved fiscally, we
ought to do what we can here but if we follow this tack, and particu-
larly if Adams Street is to be a candidate, there is a stark necessity
c
Selectmen's Meeting September 19, 1977
of a very clear, concise and contemporaneous explanation due the people
who live there as to what we are about and not have them unnecessarily
upset The only way to avoid this is by a very carefully worded explana-
tion of what we are doing, which is why we are considering two things
together (a) Chapter 90; (b) Adams St
Mr Hutchinson agreed to come back to the Board next week with his
recommendation on Chapter 90
Policies/ Chairman Battin informed the Board that she and Mr Kent had gone
I Procedures through areas in which other towns had policies and procedures, and
had selected six areas which might be written on - Board meetings,
procedure for handling agenda, employees of the Board, procedure for
the minutes, conducting hearings, and advisory committees She
recommended that the Board look at the remaining areas in which some
policy decisions would have to be made
The Board agreed to discussion at a later meeting
Town The Board discussed the 1977 Town Report and Mr Bailey said that
Report he had written and submitted what he thought expressed the feelings of
the Board for a more austere town report with substantially reduced
distribution, and greater emphasis on factual rather than philosophi-
cal content Some suggested guidelines are 1) the report should be
thought of a compendium of information for use by Town Meeting Members
and other interested parties and as a readily available repository for
information of historical interest; 2) distribution should be limited
to those active in Town Government and anyone else who wishes to pick
up a copy at the Town Offices; 3) expository text should be greatly
limited or eliminated and photographs should be used only when a point
cannot be made any other way
Mr Bailey said that Mrs Miley had deleted Item 2 on distribution,
and had amended item 3 to read, "Text should be informative Photographs
should be used only when a point cannot be made any other way "
Mrs Miley responded that she felt the town report should contain
concise, hard information rather than having a report which says that
every department is doing a marvelous job and with lovely pictures to
show it
Mr Hutchinson said that reports become very subjective things
when you deal with people involved; some like pictures, etc He
suggested that the report focus on the structure of government, with
an organization chart on how government functions, its boards ; these
are all varying dimensions on every report We might try to reach these
guidelines while working with the committee the Board appoints To him,
distribution is a question and, as Mr Busa said, we want to avoid more
than one copy being distributed to a household
Mr Busa agreed with Mr Bailey that the report should not be
condensed to a point that it would be useless to the people of Lexington
He said that distribution could be looked at later on, and suggested that
the Board table the entire subject until he, Mr Bailey and Mrs Miley
593
Selectmen's Meeting September 19, 1977
Ill
review reports from surrounding towns in order to recommend guidelines
to the committee
Mr Kent agreed
Chairman Battin said that the Board had agreed that Town Meeting
Members, who need the report as a woriing document, would be very
useful members of the committee TMM4 has submitted nominees and
we can appoint the committee next week and give them guidelines
Upon motion duly made and second>d, it was voted to table the
matter of the 1977 Annual Town Report until the next meeting
Mrs Miley recommended that a program be instituted on the educa- Public
tion of people on driving, riding bicycles, walking in crosswalks Safety
She said that there is a whole generation of young people who ride Program
bicycles facing the traffic The Police have put up signs on posts
around Town, "Watch out for Children" and have also gone into the school
to speak to the youngsters about bicycles Also, people do not know
that you have to stop when a person is within a crosswalk
Mr Hutchinson said that the Police Department does focus on
schools and would have excellent reco:nmendations on the whole area of
safety education He agreed to talk with Chief Corr, the Recreation
Committee, and the Minute-man for publicity purposes, on the educe-
tion of adults
Chairman Battin said that the matter of Selectmen's Expenses is Selectmen's
an area in which the Board has to dev=lop a policy Expenses
Mr Kent said that thequestion was asked prominentlyand publicly
if the Selectmen have been paid enou , and it should be made crystal
clear that the Selectmen are not paid It is his view, and he believed
of each member of the Board, that the Selectmen ought not to be paid
for their services, so that, to the extent we have something to talk
about in a topic, it relates to reimbursement for out-of-pocket expenses
incurred by members of the Board for service on behalf of the Town
The second observation he would make is, having looked at the subject,
examined some bills and examined some budget items, he was satisfied
totally that bills that have been submitted at this point by any
member of the Board have been within categories in which there are
line items in the budget and in every instance payment has been approved
by the Town Manager, the official charged by law with making approval
Now, in the light of some changing functions of members of the Board
of Selectmen, this is a topic which finds its way into a number of
separate line items as currently administered, and we need to draw the
subject together and to come up with some clearcut policy as to under
what circumstances what shall be paid, upon approval, by whom
Mr Bailey said that he was not about to seek reconsideration of
the current $200 annual expense allowance for the Selectmen, we have
that - and if we have a problem, it is trying to cope with certain out-
' of-pocket expenses certain members try to cope with over and above that
594
Selectmen's Meeting September 19, 1977
One of the elements of this problem is that the Town Manager is the per-
son responsible for signing the warrants for Selectmen's expenses This
is a unique situation as it is the Selectmen who appoint the Town Mana-
ger; therefore, he thought it imperative that the Selectmen lay down a
policy for their own guidance and, primarily, for the Town Manager;
this would protect him from a lot of grief either now or in the future
For his own edification, he had prepared a draft of a suggested procedure
and policy on Selectmen's expense reimbursement, and he had divided them
into three categories
I Incidental Expenses, defined as mileage, parking, tolls, and
meals related to attendance at meetings not exceeding one day
in length
Submit a voucher quarterly (3-31, 6-30, 9-30, 12-31) itemizing
the expenses in whatever detail may be required by the Manager
and/or Comptroller Reimbursement will be on the basis of the
approved total expenses less the $50 quarterly expense allow-
ance provided to the Selectmen
II In-State Travel, consisting of mileage (or other transportation),
parking, tolls, meals, accomodations and registration fees
Prior approval of the Board to incur the charges is required
Submit a voucher itemizing the expenses to the Manager within
10 days of the completion of the Meeting/conference/seminar
III Out of State Travel Same as in-state travel except that advance
approval of both the Board and Manager is required Out-of-state
travel by members of the Board of Selectmen should be approved
only when the travel can unequivocally be shown to be in the best
interest of the taxpayers of Lexington Travel resulting from
assignments by County or State-level groups or from commitments
accepted by members of the Board that do not meet this criterion
should not be considered for reimbursement by the Town of Lexing-
ton If a member of the Board undertakes out-of-state travel as
a member and does not seek reimbursement from the Town for expense,
he shall disclose to the Board the source of funding for the trip
(personal funds, reimbursement by an outside agency, business
support, etc )
Chairman Battin said that when the Board discusses policies and
procedures in a few weeks, we will work on these suggestions as a guide-
line
Mr Busa agreed to further discussion by the Board, and added that
even if he had to stand alone on the issue, he felt it inappropriate
for the previous vouchers to have been submitted and approved by the
Town Manager without authorization of the entire Board
The Board agreed to discuss Selectmen's Expenses at the workshop
meeting on Policies and Procedures
Executive Upon motion duly made and seconded, it was voted 5-0 by roll call
590
Selectmen's Meeting September 19, 1977
vote to go into Executive Session for the purpose of discussing the
value of real property, and with no intention of resuming the open
meeting
Upon motion duly made and seconded, it was voted to adjourn at
10 00 p.m.
A true record, Attest
Executive Clerk, Selectmen
I
596
v o 1 D
I
1
111 SELECTMEN'S MEETING
September 26, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, September 26, 1977
at 7 30 p.m Chairman Battin, Mr Bailey, Mr Busa, Mrs Miley and
Mr Kent; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mr
McSweeney, Director of Public Works/Engineering, Mrs McCurdy, Executive
Clerk, were present
Mr David Eagles, Mr Ralph Lord, Coordinator of High School Parker Field
Athletics, and Mr James Lima, Vice President of the Pop Warner League, Refreshment
met with the Board to request approval of the construction of a re- Stand
freshment stand/ticket booth, at no cost to the Town, at the Senior
High School football field
Mr Hutchinson informed the Board that the Recreation Director,
Health Director, and the School Committee fully support the proposal
The building will be erected inside the enclosed field, will be 12'
x 24' , and constructed of concrete block with a spancrete roof and
steel doors There will be two ticket windows built into the rear
of this structure for the sale of tickets and will also include a
stainless steel countertop and a surplus US government stainless steel
field stove for cooking hot dogs, etc ; electricity, probably water,
and a direct telephone line to the fire department for emergency pur-
poses
Mr Busa recommended that the Board endorse the project and the
Board enthusiastically approved this worthwhile venture on the part
of volunteer citizens groups
Upon motion duly made and seconded, it was voted to approve the
construction of a refreshment stand/ticket booth at Parker Field,
at no cost to the Town, subject to the regulations of the Health De-
partment and the Public Works Department, and coordination of the
project to be under the direction of the Town Manager
Chairman Battin read a report from Mrs Joyce Hals, Chairman of Transportation
the Transportation Advisory Committee, stating that the vanpool work- Committee-
shop conducted by the committee for companies in the Hanscom Field Vanpool
area appeared to be successful and, in particular, had added stimula-
tion to the Hanscom Air Force to provide a vanpool prograxh for their
employees Perhaps this will stimulate other companies in the area
to follow their lead. Similar meetings are being planned for discus-
sion with Bedford, Lincoln and Concord Transportation Committees to
discuss common problems of congestion in the 128, 2A, 4-225, and
Hartwell Avenue areas
Chairman Battin read a recommendation from the Traffic
2
Selectmen's Meeting September 26, 1977
111
metered Safety Committee requesting that the Board approve an amendment to the
Parking Traffic Rules and Orders to include the metering of the Cary Library
Lots parking lot The Muzzey Street and Edison Way parking lots are also
included because, although metered for many years, have never been in-
cluded in Schedule #4 of the Orders
Metered Lots- Upon motion duly made and seconded, it was voted to amend the
Library, Traffic Rules and Orders of the Town of Lexington, adopted by the Board
Waltham/ of Selectmen on November 13, 1967, be amended by adding to Article V,
Mussey, Section 12, Schedule #4, the following, and to request approval of the
Edison Way State D P W
Location
Off-street parking lot between Waltham Street and Muzzey Street
Off-street parking lot between Massachusetts Avenue and Edison Way
Off-street parking lot off Clarke Street at the rear of Cary Memorial
Library
Center Chairman Battin read a letter from Mr Giroux, Realtor, concern-
Parking - ing parking in Lexington Center recommending that free parking for all-
Giroux day parkers in the Meriam Street parking lot should cease and the entire
area metered, with revenues to be applied to the cost of an underground
garage; if going underground is not feasible, to consider a parking
structure in the Waltham Street lot; to eliminate taxi stands and bus
stops within the Center and relegate them to the fringes Also, if 111
no better use is found, the Hancock School grounds might be considered
for all day parkers and the fees charged to pay for and carry the pro-
ject
A report from the Traffic Safety Committee stated that the Committee
fully recognizes that there are problems relative to parking in the Cen-
ter; however, without further and much more detailed study, we can neither
accept nor reject Mr Giroux's ideas for parking structures and the use
of Hancock School grounds We do feel that elimination of taxi stands
and bus stops would be a serious mistake, as the majority of people who
use them do so because of their easy access in the Center If we elimi-
nate the easy access, we would also eliminate the usage Also, the
Police Department is currently studying the feasibility of increasing
the price at parking meters and their report is expected in about two
months The committee would prefer not to comment on metering of the
entire Meriam Street lot until it has reviewed the report
Mrs Miley didn't think that metering the lot behind Depot Square
seemed relevant and would have to be taken into consideration as far as
changing the cost of meters in other parts of town That is a separate
issue which doesn't necessarily have to come under the Traffic Safety
Committee study which we are doing and will take two months For the
last five or six years, she has felt that it is necessary for the lot
to be metered, and other Town Meeting members have mentioned this
I
3
Selectmen's Meeting September 26, 1977
Mr Bailey and Mr Busa agreed that if the Meriam Street parking
lot were metered, it would move all-day parkers up into residential
areas of Meriam Hill and, before a decision is made on metering, an
up-to-date study should be conducted on where the overflow will go
Mr Bailey added that Town Meeting must wake up and cope with parking
problems in the Center; all they say is that it is not our problem but
the merchants' problem - it isn't the merchants' problem, it is the
Town's problem The Planning Board has been studying this for many,
many years, and they don't seem to be any further along than they were
before
Chairman Battin said that there is concern about the whole Center,
and asked if the Planning Board had a study currently underway as Town
Meeting can't take action until we or the Planning Board put something
on the Warrant
Mrs Miley said that a Subcommittee of the Planning Board is work-
ing on a study She reminded the Board that a possible solution, which
was brought up at Town Meeting by the Selectmen several years ago, was
to use the area behind the Edison building for parking for postal workers
As a follow-up after speaking about this at one of our meetings, she was
in touch with Congressman Tsongas's office to ask if it could be possible
for the Postal Department to perhaps lease this piece of property and
hot top it the way the Town was asked to do (and Town Meeting turned it
111
down) and that would ease up this whole area The recommendation from
Congressman Tsongas's office was that if this Board was interested in
this particular issue, to write and ask him to get in touch with the
Postal Department to see if they would consider doing this
Mr Kent said that Mr Bailey is right in terms of the great diffi-
culty of taking ad hoc steps with regard to a particular portion of the
whole problem He also said that the problem does need assessment of
the Town Meeting but the expeditor of all this has got to be this Board
and that this, in terms of our working on policy, is such a big part
of anything we do with respect to the Center, that the sooner we can
see what studies are being done, and by whom? When will they be com-
plete? When do we get around the table with the people involved and
get a package? There are all kinds of possibilities with respect to
that lot -- certainly, the danger that Mr Busa speaks of is very real
The possibility is of metering for all-day purposes but he felt that
it's got to be done as a big package and the Board has some responsi-
bility for seeing that it gets done
Chairman Battin said that she didn't know where the report of the
Subcommittee of the Planning Board is but if they come in with a plan
of the whole traffic situation, we should meet, and the Board of Select-
men and the Planning Board come up with a very strong recommendation and
an Article in the Warrant for Town Meeting to take action on the whole
situation This will be our #1 priority, and we will write to Congress-
man Tsongas's office
The Board agreed, and a letter will be written to Mr Giroux to
this effect
4
Selectmen's Meeting September 26, 1977
Meter Limit The Board discussed a letter from Ms Patricia Kaczmarczyk, 13
Signs Gleason Road, regarding a parking violation she had received for feed-
ing the 2-hour meters in the parking lot off Massachusetts Avenue
She asked for the installation of signs informing citizens that at the
end of the parking limit a car must be moved
Mr Hutchinson agreed to discuss the matter of signs with Chief
Corr
Street Chairman Battin read a request from Mr McSweeney for the Board
Betterments - to sign lists of sewer and water assessments and, also, to abate water
bills
Upon motion duly made and seconded, it was voted to sign the lists
Sewer of sewer betterment assessments on Emerald Street, Garfield Street,
Betterments - Elm Street, Walnut Street, Waltham Street; plus an abatement of the
betterment assessment for Mr and Mrs Tomao, 758 Waltham Street, in
the amount of $1,472 12, having been previously assessed on Blossom-
crest Road
Water Bill Upon motion duly made and seconded, it was voted to abate the
Abatements following water bills Josephine Noonan, 309 Marrett Road, $11 25,
water having been turned off; Raymond Tomlinson, 3 Brent Road, $12 15,
incorrect meter reading by meter reader
Upon motion duly made and seconded, it was voted to sign the
list of water betterment assessments on Cliffe Avenue
Permits Chairman Battin read requests for the use of Cary Hall and for a
block party
Upon motion duly made and seconded, it was voted to grant permis-
sion to Mr Richard S Batchelder, 81+ Bertwell Road, for the use of
Cary Hall on Saturday, October 22, 1977, for a concert of classical
music by the Mystic Valley Chamber Orchestra, subject to a fee of
$35 00 for Cary Hall; fees for custodian, policeman and fireman
Upon motion duly made and seconded it was voted to grant permis-
sion to the residents of Independence Avenue and Smith Avenue to con-
duct a block party on Saturday, October 1, 1977, from 6 30 p.m to
10 00 p.m , subject to the regulations of the Police Department
Council on Chairman Battin read a request from the Council on Aging for an
Aging expenditure from the Selectmen's Gift Account
Upon motion duly made and seconded, it was voted to approve an
expenditure in the amount of $380 25 from the Selectmen's Gift
Account for minibus service
Initiative Mr James Wood, Lexington coordinator of the initiative petition
Petition- drive for local acceptance of arbitration awards, representatives of
Binding the Appropriation Committee, Personnel Advisory Board, Town Meeting
Arbitration Members Association, and Mass League of Cities and Towns, met with
the Board to plan strategy with respect to the initiative petition
drive
Chairman Battin said that she hoped that it would be a joint
effort by all to participate Town Meeting, with the approval of
the Appropriation Committee, did vote unanimously to support; also,
5
Selectmen's Meeting September 26, 1977
the Mass Selectmen's Association, Mass League of Cities and Towns,
Middlesex County Selectmen's Association, and the Managers' Association
It is important that we carry through as municipal officials and get
the signatures on the petitions She mentioned that there is a fear
of a drive by Police and Fire Associations
Mr Hutchinson said that the unions have a right to petition for
unfair or incompatible practice This seems to be the best avenue
and we hope that people will give the democratic process a chance
The Legislature seems to be the best alternative the Town has
Ms Sheila Cheimetz, representative of the Mass League of Cities
and Towns, emphasized the point strongly that it is the municipal
associations' intention to speak to the hearbof the basic issue,
which is an attempt to restore local control over local budget, which
is being eroded
Chairman Battin recommended that members of the Board collect 20
signatures on two petitions for each of the 9 precincts and submit
them to the Town Manager's office
The five Selectmen agreed and signed the petitions The repre-
sentatives present agreed to contact their members of the Town Meet-
ing Members Association, the Personnel Advisory Board, and the Appropri-
ation Committee and inform the Board of the decision on how they can
give assistance during the petition drive
Chairman Battin thanked Mr Wood for accepting the position of the
coordinator of Lexington, and all involved persons retired from the
meeting
Mr James Reilly, Chairman, and members of the Regional Refuse Bedford
Study Committee; Mr Albert Zabin, Chairman, and Dr Eric Clarke of Resource
the Planning Board, met with the Selectmen to discuss the parcel of Recovery
land at Hanscom Field on the Bedford/Lexington town line, which has Facility
been nominated by the Town of Bedford as a possible site for a Re-
source Recovery facility
Mr Bailey explained that he and Mr Kent had given a report to
the Board last week and it was agreed to reconsider the Board's
previous position not to support Bedford's nomination because it
might be beneficial to everyone involved
Mr Reilly showed a map of the area, including approximately
six acres of Lexington land abutting the proposed Bedford site
He said that the Bedford land is small and the adjoining Lexington
land is smaller still; with our land, it just makes the site more
feasible, not completely feasible An access road brings up the
subject of the Hartwell Connector and the traffic on Bedford Street
and that generated by the Plant has to be considered and included
in the study We didn't recommend it to Town Meeting but we do
now The Committee is not unanimous but, personally, he felt that
we should let the State know that Lexington feels it makes sense to
support it
Upon motion duly made and seconded, it was voted to communicate
6
Selectmen's Meeting September 26, 1977
with the Massachusetts Bureau of Solid Waste Disposal that the Town of
Lexington nominates the Hanscom Field land in Lexington, and contiguous
to the Bedford site, for inclusion in the parcel being considered for
the Resource Recovery facility, subject to the clear understanding
that Lexington is adamantly opposed to use of the Bedford or Lexington
land for any purpose related to solid waste disposal unless an ade-
quate connection is made between the site and Route 128 by the Hart-
well Avenue Connector Also, the Board of Selectmen recommends that
further technical, economic, and environmental studies of the Hanscom
Field site be conducted
The Regional Refuse Study Committee retired from the meeting
MBTA Red Mrs Joyce Hals, Chairman of the Transportation Advisory Committee,
Line met with the Board to submit a report on the Final Environmental Impact
Extension Statement for the Red Line Extension to Arlington Heights
Chairman Battin read the report, and Mr Busa said that he agreed
to the recommendations with the exception of the reference to signali-
zation on Massachusetts Avenue at Bow Street and Fottler Avenue inter-
sections until the residents of East Lexington were consulted to see
if they wanted traffic lights there
Mrs Miley disagreed with Mr Busa and pointed out that there are
two blocks of stores in that area and many residents felt that there
should be pushbutton lights
The Board agreed to delete the reference at this time but future
consideration is to be given to signalization at those intersections
Upon motion duly made and seconded, it was voted to adopt the
recommendations of the Transportation Advisory Committee, as amended,
regarding the Final Environmental Impact Statement for the Red Line
Extension to Arlington Heights, and to advise the U S Department of
Transportation that the plans have not adequately dealt with the
following items
A 350 car garage at Arlington Heights is planned to meet the needs
of the Heights residents only, and supply will be greatly exceeded
by demand No adequate plans have been made for controlling or
dealing with the spill-over which is inevitable
A revitalization of the area is being encouraged, but again no
plans are forthcoming to reconcile the increased parking demand
the changes will bring with the need to provide parking for the
transit patrons
A station at Arlington Heights will attract riders from Bedford,
Burlington and Lexington, however bus service from these areas
has been planned to increase only minimally If good bus ser-
vice is not provided, residents of these towns will drive to the
Heights and try to park, thereby increasing traffic on Lexington's
already congested streets and gravely adding to the parking prob-
lems at the station area
7
Selectmen's Meeting September 26, 1977
Increased traffic along Massachusetts Avenue in Lexington will be
inevitable, and its impact and control should be given serious
consideration
During the construction period, plans call for transporting
materials over the Lexington Branch No details have been pro-
vided regarding the point of loading, nor the frequency of travel
for the freight trains
In Summary, the Transportation Advisory Committee believes that more de-
tailed planning is needed to meet the serious increase in demand for
parking which will occur in the Arlington Heights area Furthermore,
the MBTA should re-examine its plans for bus service from adjacent com-
munities Specifically, it should consult with the communities in-
volved and seriously consider the benefits of substantially increasing
the level of service to Arlington Heights If the MBTA fails to do
so, then plans should be made for coping with the increased traffic
along Massachusetts Avenue, Route 4+-225, and Lowell Street in Lexington
Mrs Miley said that the School Sites Conversion Committee has com- Hancock
pleted its work to the point of recommending the use of the Hancock School
School, and Roger Trudeau will give the report
Mr Trudeauread the following report and recommendations of the
School Sites Conversion Committee
"In its last report to the Selectmen, the committee was asked to
continue the effort of analyzing uses and proposals for the Hancock
School At that point in time, the committee had reduced the uses
under consideration to two; namely, housing and housing/office mix The
committee indicated its intent to select two proposals from the
twenty-six received for closer study With the consent provided by the
Selectmen, the committee proceeded on that course It now presents its
findings, and seeks the guidance of the Board of Selectmen before taking
further action
In accordance with its plans, ten developers were selected and in-
vited to meet with the Committee Seven chose to do so Extensive dis-
cussions were held relative to possible uses within the housing and hous-
ing/office framework, and relative to the specific proposals and capabili-
ties of each developer
The Committee now feels that the use of the Hancock School should be
limited to housing In view of the locale and the size of the building,
the Committee feels that office use is inappropriate
The Committee further feels that the Hancock School property should be
sold outright, subject to restrictive covenants with regard to protecting
the historical character of the building, and further subject to the re-
tention by the town of approximately 1 acre of the 2 4 acre site Other
means of conveying the property were examined, including leasing, ground
lease, purchase with buy-back option, and purchase with reversion to the
111 town after a stipulated number of years It is felt that an outright sale
8
Selectmen's Meeting September 26, 1977
is in the best interests of the town 111
With regard to the type of housing to be developed, the Committee felt
that the final decision should be made by the Selectmen The Committee
itself heavily favored condominium use Its second choice was for rental
apartments for moderate income families
In terms of selecting a developer, the Committee reached a quick
concensus on three, namely
Lexington Loft
Sidney & Noyes Associates
American Properties Team
Of these, one expresses reticence to implement condominiums A sec-
ond is not interested in building rental apartments It thus seems that
if all three are invited to submit a further proposal based on the Select-
men's choice of use, at lease two responsive proposals can be anticipated
for the final selection process prior to Town Meeting
Considerable thought was given by the Committee to using the Hancock
School property to partially satisfy the Town's need for subsidized low
income housing Three responsive development proposals were received;
from.
American Properties Team
Sidney & Noyes Associates and
Lexington Interfaith Corporation
For a variety of reasons, the Committee chose not to recommend this
use for Hancock School These reasons included the time element required
to obtain subsidy funding, the size of the building, and the neighborhood
The Committee did feel, however, that the Town should address this
need at the earliest possible time for one of the other school buildings
to be made surplus Both the Committee and the Lexington Housing Authority
felt that either Adams or Parker School would be more satisfactory for
this use By addressing the problem now, the Selectmen could set aside
one of the buildings for subsidized housing and allow potential developers
to begin to address the complex problems of isolating subsidy funds
In summary, the Committee's finds are
1 That Hancock School be sold
2 That Hancock School be used for housing
3 That the Selectmen specify whether the housing consist
of condominiums or rental apartments
4 That all three selected developers be asked to propose
on the selected use, and
5 That the Selectmen address the problem of allocating
another school for Low-income housing use
School Sites Conversion Committee"
Mrs Miley said that the Committee had done a remarkable job during
the summer and the Board appreciates all the hours devoted to this work;
it was a wonderful group and worked very well together
Chairman Battin agreed and thanked Mrs Miley for chairing the com-
mittee
Chairman Battin commented that the report states the reason that the
9
Selectmen's Meeting September 26, 1977
rental units were rejected was because of the size of Hancock School, and Hancock
this was probably because it was going to be a mix and only a certain School
number of units were going to be designated as moderate income (cont'd)
Mr Trudeau said that it was just that we felt we should try and
maintain the present makeup of the neighborhood as much as possible and
that would have changed it somewhat The overriding consideration was
the fact that it could have remained empty if we found ourselves with no
subsidy funding, and we would have to go through this exercise again to
find another use for the building
Mr Bailey said that the Committee has done a great job He ex-
pressed a great preference for rental units vs condominiums because of
the situation where you don't have to have equity in order to have a place
to live
Mr Kent asked Mr Trudeau to what extent in approving one of these
uses is it possible to build in any control notions about the economic
status, whether we are talking about luxury condominiums or what the Town
didn't get at Drummer Boy?
Mr Trudeau said that it was his understanding that there would be
less control over condominiums To some extent, you would have to put
some trust in the developer We are inviting people to make offers to
the Town and, at this particular point, the Board is only indicating the
types of offers we are receiving now and would give to Town Meeting He
felt it within the prerogative of the Board of Selectmen to make it known
to the developers what they would like
Mr Grossimon stated that the committee had voted heavily in favor
of condominiums and the reasons for that were that it seemed to represent
a minimum of units in the property The condominium tentative proposal
was around 17 to 18 units and from their point of view they saw it as a
viable economic package The committee saw condominiums as a more stable
situation in that the site would be developed, units sold, and people would
move in, whereas, if handled for apartments, they might be sold to for-
eign or distant investors, with a less stable situation
Dr Clarke asked if Town Meeting would be given an opportunity to
choose between larger or smaller number of units, whether there would be
subsidization, and charge less for the land to the developer if he went
in a certain direction that the Town wanted? He knew that the Selectmen
will take a position but will Town Meeting be given an opportunity to
choose?
Chairman Battin replied that we aren't giving them alternatives
Mr Trudeau said that we would whittle it down to two and the Select-
men would make a final choice We would go out and ask three people for
bids and the Selectmen would select the better of the three proposals
and go to Town Meeting with a proposed use by the developer - and Town
Meeting approve or disapprove
Mr Zabin said that, if possible the Planning Board would like to
see that choice made for whatever kind of housing the Board of Selectmen
see fit, with as low a possible cost as can be done We think there is
a real need for housing which keeps the cost of living in Lexington down
l0
Selectmen Meeting September 26, 1977
Hancock Mr Busa said that he also compliments the committee for a job
School well done He disagreed with Mr Bailey on apartments vs condominiums
(cont'd) for the reasons Mr Grossimon stated From reports he has received,
condominiums will give the highest tax return with the least amount of
headaches in the future If we are going to go into moderate apartment
complex in order to bring the apartments down to a reasonable rental for
moderate or medium income people, we would have to increase the density
of the apartments, and he believed that Town Meeting has already given
us direction on the amount of apartments per acre on the other proposed
condominiums vs apartments and in talking with Mrs Miley, there will
be only one acre that will go with those with condominiums and the Town
will maintain an acre and one-half If we are talking of putting 24
units into one acre, he didn't think the neighborhood will be very
receptive to that type of use of Hancock School From this report, he
could not make a serious judgement but would have to rely on the committee,
which has done an excellent job of weighing all the possibilities - and
he would go along with their recommendation of condominiums for this
particular school and, in the future, when the other schools become avail-
able, we then can look into other means of housing He stated that he
would not commit himself to subsidized housing in any of the schools
Mr Hutchinson said that he thought it important that when they
talk about apartments and at the same time talk about moderate income,
that the proposals we received have been essentially for building apart-
ments
and the proposition was advanced that a number of units could be
designated for subsidized housing within it As you know, the Housing
Authority just lost 17 places because it did not have units available -
so that's one policy matter At this point in time, he did not see even
the apartment proposal being all moderate income From the developers'
standpoint, they do want to compete on the same grounds because they
want to be able to make a proposal to the Board and eventually to Town
Meeting predicated around condominiums and/or apartments One has al-
ready indicated to us rather strongly that they chose not to participate
on the apartment basis The quality of proposals received has also in-
fluenced our decisions
In response to Mr Bailey's question as to whether the Planning Board
would be acting on a specific proposal from a developer, Mr Zabin said
that they would like to have a fairly good idea of the kinds of things
that the Board of Selectmen might want, and they do not need a precise
proposal from the developer Mr Zabin agreed that the Planning Board
would submit a letter of recommendation to the Board of Selectmen Re-
garding zoning, there are no fixed zones that will be put in to get the
kind of housing you are talking about; you either have to modify existing
multi-dwelling zones or create new zones
Chairman Battin asked for the Board's feeling on the first two
recommendations submitted by the committee
Vote Upon motion duly made and seconded, it was unanimously voted that the
Hancock School is to be sold outright, with restricted covenants, and
that the Hancock School is to be used for housing purposes
it
Selectmen's Meeting September 26, 1977
Mr Trudeau said that the Housing Authority felt that Hancock School
was not suitable for low income housing and either Adams School or Parker
School would be better They felt there was definitely a need for low
income housing in the Town and the School Sites Conversion Committee went
along with that
Chairman Battin said that this is something to which she has been
committed for a long time
Mr Grossimon added that although the vote for condominiums was not
unanimous, the vote for this report was There is considerable strength
and togetherness, and they are anxious to have that carried to Town Meet-
ing
The Board again thanked the committee and they retired from the meet-
ing
It was agreed to further discussion next week on the Hancock School
The Town Report was discussed and Mrs Miley and Mr Busa submitted Town Report
recommendations to the Board It was agreed not to discuss distribu- Committee
tion at this time A list of nominees had been submitted by the Town
Meeting Members Association for the Board's consideration and it was
agreed to appoint the Committee and forward a copy of guidelines to each
new member
Upon motion duly made and seconded, it was voted to appoint the
following members of the 1977 Town Report Committee Mr Sam V Nablo,
6 Brigham Road; Mr Wallace B Baylies, 50 Spring Street; Mr George E
Cooper, 191 Lincoln Street, Rev Harold T Handley, 42B Worthen Road;
Mr Frank Totman, 46 Moreland Avenue; Mr Louis A Zehner, Chairman
Emeritus, 6 Fair Oaks Drive
Guidelines to be used by the Town Report Committee are as follows
1 There should be only one version of the Town Report
Each report should include the technical material
2 The material should be concise and informative
3 In some instances, there should be a reduction in
extraneous clerical material - this would be after
discussion with department heads
4 Pictures should be used only where necessary
5 A decision as to the format should be reached after
discussion between the committee and the board
Possibilities are magazine (present form) ,
paperback (textbook size), pamphlet
6 Distribution may be limited by that will not be deter-
mined at this time
Mr Hutchinson requested authorization of the Board to establish Recycling
bunkers for recycling at the landfill at a cost of $3,000 and to further
authorize the collection of recyclables based upon clear, brown and
green glass, and cans and papers He informed the Board that the Town
had received the highest market prices based upon this type of separation
II/
12
Selectmen's Meeting September 26, 1977
Chairman Battin commended Mr McSweeney and Miss Ellen Maguire
for working on the report, which gave all options and consequences
Mr Busa said that he had no objection to building the bins but
he asked what will happen if someone throws brown glass into the white
glass bin
Miss Maguire replied that it would depend on the amount; if a small
amount, it wouldn't make any difference
Upon motion duly made and seconded, it was voted to approve the
collection of recyclables in five separate categories, clear, brown, green
glass, cans and papers; also, to authorize the Town Manager to go forward
with the construction of sectional transfer stations, including bunkers
Miss Maguire and Mr McSweeney retired from the meeting
Lucky Penny Mr Hutchinson advise the Board that the Conservation Commission
Trust Land had informed him today of the closing on the Lucky Penny land Mr
Zehner, Treasurer, will not be able to have the bids until tomorrow
so it will be necessary for the Board to come in and sign the forms,
if they are ready
Upon motion duly made and seconded, it was voted that, if it be-
comes necessary, Board members are to sign the documents required for
borrowing money from the lowest bidder in order to acquire the land
owned by the Lucky Penny Trust and located off Grove Street, as authorized
under Article 42 of the 1977 Annual Town Meeting
Sanitary Mr Hutchinson informed the Board that Whitman & Howard will meet
Landfill with them next week to discuss the leachate report and possible closing
of the sanitary landfill on January 1, 1978 He commented that closing
the landfill would not solve the leachate problem, so why not keep it
open He will meet with the Sanitary Landfill Committee to bring them
up to date, and recommended that the committee continue to serve until
the final closing plan of the landfill is approved
Soybel Drain- Mr Hutchinson recommended that the Board approve the request from
Winchester Mrs Ruth E Soybel for a drain connection to her property at 14
Drive Winchester Drive Plans had been submitted and reviewed by the Engineer-
ing Department, and their reco,r,mendation is to approve subject to no
excavation of existing pavement or construction of new structures
Upon motion duly made and seconded, it was voted to approve the re-
quest of Mrs Ruth Soybel for a drain connection to her property at
14 Winchester Drive, subject to all conditions set forth by the Director
of Public Works/Engineering
Special Town The Board agreed to vote next week to call the special Town Meeting
Meeting on December 5, and to close the warrant on October 17
Mr Cohen requested the Board to sign the exercise of option on par-
Arts 43-44 cels to be acquired for conservation purposes
Cranberry Upon motion duly made and seconded, it was voted to sign the exer-
Hill Land cise of options on land owned by Foley, Sayre and Cosgrove located on
13
Selectmen's Meeting September 26, 1977
on Cranberry Hill, for conservation purposes, as authorized under Articles
43 and 44 of the 1977 Annual Town Meeting
The Board briefly discussed the list of eight areas in which to Selectmen's
develop policies, and the following members were designated to submit Policies
suggested policies and procedures for discussion at workshop sessions
Chairman Battin I Operating Policies and Procedures of the Board
Robert Kent of Selectmen
Robert Kent II Lexington Center all problems, revitalization
traffic, etc
Mr Hutchinson's III Brook Cleaning
recommendation
to Board
Chairman Battin IV Sale of tax Title Lots; sale or exchange of any
Mrs Miley Town-owned land to private individuals
Mrs Miley V Use of Town property by private groups; fees for
Cary Hall, etc
Add to policy VI Water and sewer for private or unaccepted streets
folder
Mr Hutchinson VII Who gets appointed Special Police Officer, how
to Mrs Miley long a period of appointment; how trained if
guards at private institutions
No policy at VIII Fire Bnxes on Street
this time - Fire Department to Mr Hutchinson to the Board at later date
Mrs Miley recommended action of the Board regarding material which Hancock
is in the Hancock School School-
Upon motion duly made and seconded, it was voted to transfer the Historical
material in the Hancock School to the Lexington Historical Society Society
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 matters Session
with respect to litigation, with no intention of resuming the open session
After discussion, it was voted to go out of Executive Session
Upon motion duly made and seconded, it was voted to adjourn at 10 30 p.m
A true record Attest
(; -17)1•
Executive Clerk, Selectme
14
SELECTMEN'S MEETING
October 3, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, October 3, 1977,
at 7 30 p m Chairman Battin, Mr Bailey, Mr Busa, Mrs Miley and Mr
Kent; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney,
Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were
present
Bandstand - Mrs Mary Lou Touart, Chairman, and Mr Herbert Grossimon the the
Permanent Permanent B4Olding Committee, Mr Levi Burnell, President, and Mr
Bldg Comm Donald Gillespie, Director, of the Bicentennial Band, met with the Board
to discuss the construction of a bandstand on Town-owned property
The Board was informed that sites had been investigated and the Com-
mittee favors the land at Buckman Park near the old barn This loca-
tion would be desirable because it is in the Center, adequate parking is
available, and it is close to Greeley and Vynebrooke Villages Funds
for the bandstand will be solicited, and plans and specifications are
needed Favorable reaction has been received from architectural schools,
which had been approached regarding the possibility of having student
participation in the bandstand project The committee had also taken
into consideration the possibility of a portable structure which could
be stored for the winter It was pointed out that approval of the His-
toric Districts is required
After discussion, the Board thanked the group for the presentation
and encouraged them to go forward with the project, and to come back to
the Board with final plans for an Article in the Warrant for the 1978
Annual Town Meeting
Chapter 90- Chairman Battin read a report from Mr John McSweeney, Director of
Adams St Public Works/Engineering, recommending that the Board designate Adams
East St Street for Chapter 90 Contruction, and East Street as the alternate
street Both streets are eligible as they are not completed and, with
the lessening of restrictions on design criteria, as we experienced on
Hancock Street, both Adams Street and East Street are now viable pro-
jects Considering the serious horizontal and vertical alignment defects
on Adams Street, we must place it as our first priority
Mrs Miley said that we know we don't have to widen Adams Street
but is that true on East Street?
Mr Bailey replied that we would have the same restraints as on
Hancock Street
Mr McSweeney said that the Board is only designating streets now
and between now and Town Meeting, we will have a proposal, final de-
sign, and will meet wits State D P W
Upon motion duly made and seconded, it was voted to designate the
following streets for consideration of the State Department of Public
Selectmen's Meeting October 3, 1977
Works for Chapter 90 Contruction, subject to the same restraints pre-
viously set forth on Hancock Street
CHAPTER 90 CONSTRUCTION
Adams Street from East Street to the Burlington Town
Line, approximately 3600 feet
Estimated Cost $250,000
Estimated Town Expenditure 60,000
ALTERNATE CHAPTER 90 STREET
East Street from Lowell Street to Woburn Town Line,
approximately 800 feet
Estimated Cost $ 60,000
Mr Hutchinson informed the Board that the appointment with Whit- Sanitary
man and Howard has been rescheduled for the next meeting Their re- Landfill
port on the landfill has been completed and copies will be distributed
for the Board's review before the joint meeting takes place
Chairman Battin read a recommendation from Mr John McSweeney, Marrett Road
Director of Public Works/Engineering, that all bids be rejected for Bacon Street
the construction of the sewer on Marrett Road and Bacon Street Bids Sewers - Bid
ranged from $296,750 to $560,203 and the total appropriation under Rejection
Articles 20 and 21 of the 1976 Annual Town Meeting is $212,000 The
differential appears to have been caused by a significant increase in
the price of major items in the last six months Since these increased
(the first of this magnitude in at lease 12 years) have come at a time
when federal funding of sewer work is nearing a peak, it is believed
that they are primarily due to an abundance of work being bid now,
and in the near future, within the area This may also account for
the fact that we had only four bidders when we normally have three to
four times that number In order to determine whether our beliefs are
well founded, we would like to re-bid the project in November; however,
we would like to include with it a project approved at this year's Town
Meeting of sufficient size to double the overall job This will enable
us to determine whether larger projects will bring better prices and, if
better prices do not result, we will know that we must return to Town
Meeting for a supplementary appropriation to fund projects already on
the books
Upon motion duly made and seconded, it was voted to accept the
recommendation of the Director of Public Works to reject all bids on
Contract 77-5-E for the construction of the Marrett Road Sewer and the
Bacon Street Trunk Sewer
Mrs Miley recommended that the Board approve the request from the MCAS/Lexing
Treasurer of the Middlesex County Advisory Board for payment of $150 00 Expenses
Selectmen's Meeting October 3, 1977
as Lexington's share in the apportionment of MCAB expenses She ex-
plained that Cambridge pays the entire salary of the staff person and
operating expenses are shared by cities and towns in Middlesex County
She personally felt that we should take some of the burden from Cam-
bridge and items, such as a typewriter, are needed for the office
$150 00 is Lexington's portion, which is to be used for a good cause
Chairman Battin agreed and said that MCAB's watchdog function
is important
Mr Busa said that he had no objection but requested a financial
statement of the total amount received by MCAB from all municipalities
The Board agreed to approve the expenditure of $150 00 as Lexing-
ton's share in expenses incurred by the Middlesex County Advisory
Board, and Mrs Miley is to give each Selectman a copy of MCAB's budget
Special Town Chairman Battin requested the Board to vote on the Special Town
Meeting Meeting; also, to sign the Warrant for the Special Election
December 5 Upon motion duly made and seconded, it was voted to call the Special
Town Meeting for Monday, December 5, 1977, at 8 00 p.m in Cary Memorial
Hall, and to close the Warrant on Monday, October 17, 1977 at 4 30 p m.
for the submission of Articles for the Special Town Meeting
Special Upon motion duly made and seconded, it was voted to sign the Warrant
Election for the Special Election of a State Representative on November 1, 1977
Warrant to be held in Precincts 7 and 8
The Board discussed Mr Busa's question on the number of special
Town Meeting sessions and it was agreed to get the reaction of TMMA and
interested Boards as to whether they are favorably inclined to continue
the customary Monday/Wednesday sessions
The Board approved the following request
Proclamation Upon motion duly made and seconded, it was voted to approve the re-
quest of Mrs Handwerker, President of Constitution Chapter 221, to pro-
claim the month of October as B'nai B'rith Women Membership Month
Permit Upon motion duly made and seconded, it was voted to approve the re-
quest of the Elks Club to hold a flea Market at 959 Waltham Street on
October 22, 1977 from 9 00 a.m to 3 00 p.m
Certificate of Upon motion duly made and seconded, it was voted to approve Post
Incorporation Office Box 473, Lexington, as a mail drop for the New England Sunday
Address School Association, Inc , as requested by Secretary Guzzi
Cary Hall Upon motion duly made and seconded, it was voted to grant permission
to the Masterworks Chorale to use Cary Memorial Hall on the following
dates
December 9, 1977 from 1 00 to 4 30 p.m & 6 30 p.m to 10 30 p.m
" 10, 1977 from 7 00 to 10 30 p.m
" 11, 1977 from 2 00 to 6 00 p.m
17
Selectmen's Meeting October 3, 1977
Mr Hutchinson agreed to have staff representation at the October 5 Rte 128
planning meeting of the Governor's Route 128 Economic Conference to be Economic
held at the Waltham City Hall Meeting
Mr and Mrs Harold Johansson met with the Board to discuss ap- Johansson
proval of a request submitted on April 30, 1976 for a water main ex- Water Ext
tension of 150 feet to service a home to be constructed at #17 Banks Banks Ave
Avenue
Chairman Battin read a report from Mr John J McSweeney, Director
of Public Works/Engineering, dated September 13, 1977 with copies to
Town Manager, Planning Board and Conservation Commission
"In accordance with the Selectmen's Policy for Sewer and Water
Extensions in Unaccepted Streets, and Article 17 of the 1977 Annual
Town Meeting, this office requested comments or concerns relative to
the subject water main extension from various Town departments We
have now received comments from the Planning Board, Conservation Commis-
sion, Building Inspector and the Board of Appeals Enclosed are copies
for your review along with a copy of the proposed plan
After reviewing all of the data and comments, it is our recommenda-
tion that permission be granted to extend the water main subject to the
following conditions
1 The applicant shall improve Banks Avenue to a condition of
suitable grade and construction
2 A 'Determination of Applicability of the Wetlands Protection
Act' be requested from the Conservation Commission, and if
necessary an order of conditions be obtained prior to the
start of any construction
3 The applicant shall obtain all necessary releases from
abutters prior to the start of work
In this instance we would recommend that the petitioner contract
privately for this work in accordance with the alternate procedures
outlined on page 2 of the policy memo We make this recommendation
in light of the lateness of the season, the remoteness of the area as
it relates to public travel, and the nature and extent of the work to
be done "
Chairman Battin read recommendations from the Planning Board, Con-
servation Commission, Building Commissioner and Board of Appeals
The Planning Board report, dated September 1, 1977, stated that
at its Meeting on August 29, 1977, the Planning Board reviewed the
plan accompanying the request for recommendations with respect to
extensions of water mains in unaccepted streets The Planning Board
opposes the Banks Avenue proposal for the following reasons
1 The road is of inadequate grade and construction to accomo-
date additional building lots
2 Topography of the land is not suitable for construction of
homes
3 Lots in the general area are wet and unsuitable for construc-
tion
18
Selectmen's Meeting October 3, 1977
The Conservation Commission report, dated August 16, 1977, advised
that if alteration of wetlands is contemplated by this proposed project,
then the Wetlands Protection Act should be addressed
The Building Commissioner's report stated that he had no concern,
but it will make buildable the remaining vacant lots on the street
The Board of Appeals advised that they had no comments at this
time (August 19, 1977)
Mr McSweeney explained to the Board that there is presently an
existing sewer and an existing drain easement; the road is paved to a
certain point and then becomes gravel and it is barely passable; areas
are wet because the road currently there does not have suitable drainage
Mrs Iris Wheaton of the Planning Board was present and raised
questions about the three lots in the lower area of Banks Avenue being
opened up if permission were granted
Mr Johannson said that he had owned this lot for 10 years, the
sewer had been put in, and he had been paying taxes on it and would
like to do something with it If it would suddenly become a bird
sanctuary, he would get rid of it
Mr Kent stated that it does appear that the recommendations of
the DPW Director do take into account the previous objections of the
Planning Board with his condition that "the applicant shall improve
Banks Avenue to a condition of suitable grad and construction " He
asked if there had been any further dialogue since the Planning
Board's initial reaction to it?
Mr McSweeney replied, "No " He had talked to Mr Briggs, Planning
Director, who said that the Planning Board felt if the homeowner could
meet these conditions as set by the Planning Board, then approval be
given, and the Conservation Commission felt the same way
Lengthy discussion was held and Mr Busa recommended that approval
be granted as the Johanssons are only asking for an extension of 150
feet He said that is why it was put before Town Meeting last March
to extend sewer and water on roads such as Banks Avenue The Board is
only discussing one lot and if the other are unsuitable for building,
at some point in time the owners can go to a Hatch Act hearing Mr
Hutchinson also pointed out that Mr McSweeney's recommendations had
been sent to the Planning Board on September 13 and no objection from
them had been recieved to date Mr Bailey was in favor of approving
the Johansson request and stated that they had been waiting a long time
for a decision to be made Chairman Battin and Mrs Miley agreed Mr
McSweeney added that it is an unaccepted street, a gravel street which
is not in very good condition and open to public travel Their lot is
on high ground and there are certain conditions they have to meet; they
have to go to the Conservation Commission; bring the road up to grade
to make it passable for fire and emergency apparatus After going
through a long process, he felt the Johanssons had met all the condi-
tions required of them
Upon motion duly made and seconded, it was voted to approve the
request of Mr and Mrs Harold P Johanason for an extension of 150 feet
19
Selectmen's Meeting October 3, 1977
from the existing water main on Banks Avenue to service #17 Banks Avenue,
subject to the following conditions outlined by Mr John J McSweeney,
Director of Public Works/Engineering; also subject to the approval of
Town Counsel
1 The applicant shall improve Banks Avenue to a condition of
suitable grade and construction
2 A "Determination of applicability of the Wetlands Protection
Act" be requested from the Conservation Commission and, if
necessary, an order of conditions be obtained prior to the
start of any construction
3 The applicant shall obtain all necessary releases from
abutters prior to the start of work
The Appropriation Committee, Capital Expenditures Committee, Joint Meeting-
; Personnel Advisory Board, Mrs Patricia Swanson, Chairman of the Budgets
School Committee, and Dr John Lawson, School Superintendent, met with
the Board to discuss the Town's financial situation and the budget
process Mr Alfred Vigderman, Mass League of Cities and Towns, was
also present
Mr Hutchinson reviewed the town budget as it exists now, what the
State is giving us, and what our charges are going to be The budget
is $31 2 million, $11 4 million being allocated to general government,
$16 3 million to schools, including the Minute Man Vocational School
and $4+ million for County and State charges as well as our overlay
Our actual local appropriation for running the town is $27 7 million
or 88% We have not cost allocated figures for the school system,
debt, insurance, etc and 36 5% relates to $31 2 million not $27 7
million The budget is primarily funded by the property tax We
receive $4 0 million cherry sheet money; $1 6 million available funds;
$2 8 million estimated receipts; $22 8 million coming from the property
tax We had $4 million in State and County charges to the town and
about $4 million in aid, so it nets out to the fact that about 4% of
our budget is being supported by the State We are in excess of 90%
of the budget being supported by property taxes
Our costs are $18 million-payroll, including $13 3 for schools and
S4 7 for town government; $800,000-Insurance Blue Cross/Blue Shield and
3150,000 for buildings, $700,000 unfunded retirement; $1 8 million debt,
$1 0 million energy costs for school and town; miscellaneous articles
$150,000 for the reserve fund, $1 0 million for capital items Every-
body is familiar with the problems, and the School Committee has been
addressing them. Looking at the payroll, we have to scrutinize it very
closely because it is where our biggest gains can be made in the sense
of controlling our growth
Mr Hutchinson said that if we review these items, with everybody
talking together, perhaps we can develop some commonality of interests,
recognizing that various boards and agencies have specific tasks
I
assigned to them The problem is that we are not sure where we are going
20
Selectmen's Meeting October 3, 1977
on payroll, energy, insurance, and how much we are going to be able to
impact in these areas We do know we have problems on sewers and solid
waste that have to be resolved It is up to the Board of Selectmen, the
School Committee, and the Appropriation Committee to set the atmosphere
with the Town Manager and the department heads who have to operate He
had asked people to look at the idea of continuing quality service to
the town and identify those goals, and had asked department heads to
give him a narrative on what level funding would do to them and also
what a 5% cut would do to them It doesn't look that good and maybe
with a concerted effort, we can minimize the pain
Mr White, Chairman of the Appropriation Committee, said that his
committee is always looking for the least possible increases The
School Committee is taking that approach early in the game and we hope
their budget does not show an increase We would be interested in the
guidelines the School Committee has adopted, such as the constraints
and limitations There are a number of things which would change, some
of which are controllables and some that are not, i e , 766 We would
like people to consider that maybe they could live on a fixed income,
and the town can trade off some things we have to increase for those
we don't have to We have to take an objective look at the sewer pro-
gram to see how far and how fast we want to go Regarding salaries,
the only way to change them is with the number of people; negotiations
will continue on and on and we know we have to live with that situation
There may be some hope downstream, particularly if the State continues
to reimburse us at the level they surprisingly did this past year, but
it would be a serious mistake to assume that is going to continue in-
definitely If we can get a handle on these things and get a reasonable
level of funding in areas like 766 under control, he would like to think
we can see a substantially lower tax dollar increase next year
Mr Barnert, Chairman of the Capital Expenditures Committee, said
that his committee is more pessimistic, and all capital projects next
year are going to be reduced 3 or 4% We were lucky with the cut in
revenue last year that we could defer larger capital items In looking
ahead, we can see on the horizon capital expenditures which will hit
the town, such as closure of the landfill which will have quite a clout,
and funding of the retirement pension plan These are capital costs we
cannot defer, so we have to have a handle on the other areas quickly
Mr Butler, Chairman of the Personnel Advisory Board, said that
being realistic in inflationary times, with two-thirds of the money tied
up in payrolls, the only way to really move on that is to increase
productivity if that's possible within areas, and end up through
attrition probably with fewer numbers of people, wherever; that's
easier to say than done
Mrs Swanson, Chairman of the School Committee, said that we recog-
nize that the only way to control the budget is to have good management
The school system has worked very hard in coordinating programs We
revised our accounting system and will give the details to Don White
We have established goals and objectives in almost all programs and
a1
111 Selectmen's Meeting October 3, 1977
everybody is working to reach those goals We have asked Dr Lawson
to improve the school system and cut the budget at the same time, and
that's exactly what he is doing If he can't do it, he will tell us
why
Dr Lawson said that we are looking at every expenditure and rais-
ing a lot of questions We went to a computer terminal to encumber all
of our purchase orders and we had to shift various positions; our busi-
ness assistant has told us that he will try not to fill the position we
just eliminated by putting the terminal on We have also eliminated two
assistant principals at the elementary level this year He was not
willing to make recommendations to the School Committee if they will
interfere with the educational quality of the boys and girls but was
II willing to scrutinize, examine and make suggestions for reductions with-
out affecting what those kids need We eliminated 35 positions this
year, which was a painful process and one he hoped the town will have
the opportunity of experiencing at some point
Chairman Battin said that she would like to turn to the State level,
which is very important Last year, the Selectmen met with our Senators
h and Representatives about some of our municipal concerns about State
actions which were really impacting our budget, and this year we are
instituting a process of meeting with them on a regular basis to dis-
cuss with interested committees involved some of our collective concerns
One is in regard to the initiative petition drive on compulsory and
binding arbitration, which seems to have worked The Police and Fire
are meeting and, this morning, a memo of understanding was signed by
the presidents of the five municipal associations and the State Police
and Fire unions which, if put into law, we will really have a coup as
it is much better than the Governor's proposal for factfinding or the
triggering mechanism for going to arbitration last spring We are not
going to stop the petition drive until the proposal is actually enacted
as a law and signed by the Governor So we really have taken a stand,
and that is one step Mr White mentioned Chapter 766, which has es-
calating costs that are astronomical. The Local Government Advisory
Committee, in which I set, has really been working on this; we have a
task force, of which I have been Chairman, and we persuaded the Gover-
nor last spring that the escalating costs should be contained The
State doesn't do all it should to capture federal monies and Massachu-
setts has been losing between $25 to $40 million The Governor listened
to the task force report and appointed his own task force The
Secretary of Community Affairs and I took our recommendations to the
Governor and he directed his cabinet secretaries to get together and
resolve the difficulties The Governor is concerned with what is
happening in municipalities and we were talking about setting up a
mechanism to go into place right away for claiming those federal entitle-
ments for 766 costs
Mr Verderman of the staff of the Mass League of Cities and Towns
said that there are some things in the Legislature that are of concern
to cities and towns, and the first one is unemployment compensation,
k_
22
Selectmen's Meeting October 3, 1977
which will have an effect beginning July 1, 1978 This will impose the
necessity of covering all local employees under the unemployment compen-
sation law, and will be enacted within the next several days The im-
pact of that bill is to impose on each of the cities and towns the ex-
pense of unemployment compensation, and the formula for paying is some-
what complicated The other subject before the Legislature which is of
great interest to us is compulsory and binding arbitration We've had
a very heartening breakthrough because the agreement which was arrived
at is expected to be passed by the Legislature before it prorogues
This will solve the problem by the establishment of a labor management
committee which will have the power to control the question of whether
you are going to go to compulsory and binding arbitration It will
have to first decide whether indeed an impasse exists, and we won't
have the situation where each side says we are at an impasse and will
have to go to compulsory and binding arbitration Somebody else is
going to have to decide whether indeed that exists and that is going to
create a different climate Both sides having agreed, we think we are
going to see a very swift enactment of the solution to this problem
Another possibility affecting the budget of the Town of Lexington is
the occupation health and safety act, which is not before the Legislature
Nothing is going to happen at this session of the Legislature on pen-
sions We've had a pay-as-you go system since the beginning and it is
obvious we can't continue in that vein, but it seems to me we are going
to have a vigorous battle over what system do we go to Finally, some-
thing rather new growing out of a decision of the spring judicial court
affecting the question of municipal liability Massachusetts has been
one of the five states which continued to act under the doctrine of
sovereign immunity, which is to say that the municipality enjoyed the
cloak of sovereign immunity and was not liable for certain kinds of
accidents and other events In August, the judicial court said that
the legislature has got to change that, and gave them through the next
session in 1978 to alter the present arrangement We are bound to see
an increase in the number of successful suits against the municipali-
ties Which again raises the question of how we will protect ourselves
against that, what kind of insurance we will have to have - insurance
which we don't now have because is no liability
After further discussion, it was agreed to make arrangements for
a more informal atmosphere for conducting meetings with Senators, Repre-
sentatives, and interested boards and committees during the year
Kelley lots Chairman Battin read a request from Attorney Patricia Hagedorn for
Earle Street approval of a transfer of title to Lots 20 and 21 in Block 16 on Earle
Street in Lexington by Evelyn L Kelley to her son and daughter-in-law,
Kenneth P Kelley and Veronica N Kelley The two lots were conveyed
in 1972 to the late Kenneth P Kelley and Evelyn L Kelley subject to
easements, restrictions, covenants and agreements of record and to the
additional restriction that for the purpose of building lots 20 and 21
were to be combined with other lots adjacent and only one building to-
Selectmen's Meeting October 3, 1977
gether with customary accessory buildings was to be erected, placed or
maintained on the combined lot Mrs Kelley would like to convey lots
20 and 21 so that they might be combined with the adjacent lots presently
owned by her son and daughter-in-law, lots 1, 2, and 3 in Block 16 sub-
ject to the same restrictions Also, it is the understanding that the
Planning Board has no objection
Mr Cohen recommended that the Board approve the transfer and he
would work with Atty Hagedorn on the preparation of an appropriate
deed
Upon motion duly made and seconded, it was voted to transfer lots
20 and 21 in Block 16 on Earle Street, owned by Evelyn L Kelley, to
Kenneth P Kelley and Veronica N Kelley to be combined with adjacent
lots 1, 2, and 3 in Block 16, subject to the original restrictions
placed upon said lots in 1972
The Hancock School was discussed and Mr Hutchinson said that a Hancock
decision must be made on the use, and then to take it to Town Meeting School
to indicate in which direction we are going The School Sites Con-
version Committee feels that the use of the Hancock School should be
limited to housing, and that the property should be sold outright, sub-
ject to restrictive covenants with regard to protecting the historical
character of the building and the Town retaining approximately 1 acre
of the 2 iE acre site
Mr Bailey said that, last week, he had made the comment to use
the Hancock School for apartments but information was developed at that
meeting which caused him to consider that probably condominiums rep-
resent the best use of the Hancock School However, he hoped that the
Board would address the need for apartments at one of the other schools
After discussion, it was agreed to select the condominium use and
to make arrangements to invite developers to submit proposals for condo-
minium purposes Arrangements will then be made to meet with the devel-
opers to discuss ground rules, including suggestions to them on the
character of the building from the standpoint of the Town
Mr Cohen advised the Board that the process followed by the com-
mittee had been perfectly legal Also, he understood that the Planning
Board is working on rezoning
Mr Bailey recommended that the proposals be kept confidential,
and the Board agreed
Upon motion duly made and seconded, it was voted to accept the recom-
mendations of the School Sites Conversion Committee regarding the Han-
cock School, and to support an Article at the Special Town Meeting on
December 5 for condominium use of the Hancock School
Chairman Battin said that the Board cannot make a decision on the Adams/Parker
use of Adams and/or Parker Schools but, personally, she would opt for School Use
moderate income housing
Mr Otis Brown, member of the School Sites Conversion Committee,
said that in talking with the Housing Authority, he thought they might
24
Selectmen's Meeting October 3, 1977
start exploring in terms of funding
Mrs Miley said that the Housing Authority is doing everything they
can to help
Mr Busa stated that the same process should be followed as with
the Hancock School
Bid Award- Mr Hutchinson informed the Board that bids had been received for
Recyclable the purchasing of recyclable materials from the Town of Lexington, and
Material he recommended that the contract be awarded to Recycling Enterprises,
Inc , 14+0 Southbridge Street, North Oxford, as they have offered the
best price for cans and glass and they appear to be the more reliable
of the bidders
Upon motion duly made and seconded, it was voted to award the con-
tract for purchasing of recyclable materials from the Town of Lexington
to Recycling Enterprises, Inc , North Oxford, Massachusetts, for Alter-
nate bid "A", at $15 00/ton for glass (clear, green, and brown, separate) ,
and $6 00/ton for metal cans
Bedford Mr Hutchinson discussed the proposed Bedford relief sewer, which
Relief would tie into the Lexington system, and recommended that the Board vote
Sewer their support for this relief sewer Also, he suggested that letters
by written to Representative Cole and Senator Amick informing them of
this action by the Board In response to questions, Mr Hutchinson said
that Bedford will pay for the sewer and it will be a federally funded
line, and it will relieve some of the burdens on Lexington's system
MDC will comply with all necessary environmental and public hearings
at the local level regarding any proposed location of such a relief
sewer
Upon motion duly made and seconded, it was voted to support the
proposed Bedford relief sewer, and to authorize the Town Manager to
write to Representative Cole and Senator Amick informing them of such
action by the Board of Selectmen
Executive
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 a matter concerning the repu-
tation of a person, with no intention of resuming the open session
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
' Executive Clerk, Selectmen
SELECTMEN'S MEETING
October 17, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, October 17, 1977 at
7 00 p.m. Chairman Battin, Mr Bailey, Mr Busa, Mrs Miley and Mr Kent;
Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Di-
rector of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were
present
Chairman Battin opened the meeting and it was agreed to go into Execu- Executive
tive Session, the required notice having been posted 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 discussion of the
sale of real property by financial negotiation
After discussion with two developers, it was voted to go out of
Executive Session and begin the open session at 7 40 p.m
Mr Hutchinson introduced Mr Charles G Ellis, Engineering Asso- Whitman &
ciate, and Dr Edward Pershe, Director of Research, of the engineering Howard -
firm Whitman & Howard, who were present to discuss the Hartwell Avenue Sanitary
sanitary landfill Mr Hutchinson said that the Town is obligated to Landfill
give a closure plan by January 1, 1978 and Whitman & Howard have pre-
pared a plan on leachate pollution and submitted a proposal up to $25,000,
for which we have a request for a transfer of funds to implement the
project
Dr Pershe said that Whitman & Howard had performed in August a
monitoring and testing survey of water quality and movement from exist-
ing wells in place at the perimeter of the landfill and streams, to
see the extent of leachate pollution at the landfill In general, the
results showed that leachate pollution of ground and surface waters is
a problem and steps should be taken to curb it We believe that the
present landfill site can be utilized in a satisfactory manner so as
to satisfy the requirements of the Massachusetts Department of Environ-
mental Quality Engineering and also provide the Town with a facility
that is useful for several years This can be done by (1) capping the
present landfill with an impermeable membrane or a sealing clay to
prevent any influx of surface water which produces leachate; (2) con-
structing a barrier at the face of the landfill in locations where this
is required to prevent the pollution of drainage streams; (3) installing
a leachate treatment system which utilizes a combination of removal
mechanism via overland/wetlands treatment; (4) following proper sani-
tary landfill procedures to dispose of solid wastes on top of the
capped landfill, capturing for treatment any leachate that could be
formed.
The principal finds and conslusions of the study were
1 Landfill leachate is polluting the groundwater in the immediate
vicinity of the landfill The pollution moves outward from the
landfill in all directions
26
Selectmen's Meeting October 17, 1977
Whitman & 2 During warm dry spells, the marsh area dries up and leachate
Howard probably does not reach the brook by overland travel if it
(cont'd) comes through the face of the landfill However, during wet
weather, leachate will pass through the face of the landfill
and can migrate across the swamp to contaminate Kiln Brook
There is not enough information available to be able to state
definitely how Kiln Brook or other waters are being contami-
nated by leachate at this time
3 Calculated groundwater velocity rates are very low because
of the fine silty sand through which the groundwater must
pass This could be the reason why pollutants are so effec-
tively attenuated in short distances and why groundwater
quality away from the landfill is quite good
4 At the present time, there is not enough data upon which to
base a design for curbing leachate
Recommendations based on findings of the study are that
1 Monitoring of the landfill continue with sampling of ground-
water, marsh and brook water being done at quarterly intervals
Groundwater table elevations should be determined at semi-
monthly intervals
2 Observations of landfill runoff be made during heavy rainfall
to determine under what conditions leachate issues from the
face of the landfill and also to note the pattern and qual-
ity of the overland runoff and the quality of water in the
brooks which drain the area
3 Steps should be taken to cap the landfill with an impervious
membrane or sealing clay, thereby preventing any leachate
from being produced by precipitation
Dr Pershe said that Whitman & Howard would like to reach more
conclusions before presenting their plan to the State, and this would
mean getting another set of representative samples within the next two
month period They will broaden the scope by investigation, will cross
Route 128 to get the brook flow and also investigate behind industrial
areas and check downstream on Kiln Brook to the Hanscom Air Base to
see what the results are away from the landfill
After general discussion, Mr Hutchinson said that although a deci-
sion must be made reasonably fast, he recommended that the Board defer
action this evening on the report and also the request for a transfer
to fund Whitman & Howard's proposal Mr Sandy and Mrs Solomon of the
Sanitary Landfill Advisory Committee were present and agreed to submit
27
Selectmen's Meeting October 17, 1977
their comments to the Board during the week
The Board agreed with Mr Hutchinson's recommendations, and Mr Ellis
and Dr Pershe retired from the meeting
Mr Same Nablo and Mr Louis Zehner met with the Board to discuss Town
the recommendations of the Town Report Committee Report
Mr Nablo informed the Board that the committee had met to orga- Committee
nize and Mr. Nablo is Chairman, Mr Frank Totman, Vice Chairman; George
Cooper, Secretary; Mr. Robert Hutchinson, Editor-in-Chief
Mr Nablo gave a report of the committee, recommending that the
format of the Town Report not revert to 6"x9" from 8'"x11", as savings
would be very little and there is the problem of readability for older
eyes Also, to retain Parts I and II; last year, there were 9400 copies
of Part I and 700 Copies of Part II, and there are serious cost penal-
ties if you are going to try and assemble a single report The committee
strongly recommends not to limit the distribution but if you want a single
report, the committee recommends limited distribution
Mr Busa reaffirmed his position of opposition to unlimited dis-
tribution and recommended that a questionnaire survey be made to see how
many citizens were interested in receiving the Town Report
Mrs Miley recommended that Part I include financial statistics;
she would like to have meaty information in Part I as many citizens are
interested in reading it
Mr Hutchinson said that we will not resolve the issue by a question-
naire as to who reads the report but he suggested including a notation
within the report stating that if a person is interested in receiving
and reading the Town Report next year, to please advise us
The Board agreed to this suggestion
Mr Nablo continued the report, stating that letters will be sent
requesting reports of departments and committees by November 18 The
Town Manager's office will supply clerical help and editorial assis-
tance He stressed the importance of the Selectmen's Report and said
that the Chairman of the Board is responsible for this Mr Hutchinson
had informed the committee that each department is to give a statement
of purpose with an indication of future direction, and how the money is
distributed and how it is used; also, organizational charts are to be
included showing the relation of departments to the Board of Selectmen.
The Auditor's report will be included in each report Also, emergency
telephone numbers and numbers and names for department where complaints
and constructive criticism can be directed
After discussion, the Board agreed to an 8'"xll" Town Report in
Parts I and II, with a snynopsis of statistics to be included in Part I
Upon motion duly made and seconded, it was voted 4-1 to approve
Townwide distrubtion of Part I of the Town Report
Mr Busa voted in the negative
Mr Nablo agreed to discuss with the committee the number of Part II
I III issues to be printed and the amount of material to be included He and
Mr Zehner retired from the meeting
28
Selectmen's Meeting October 17, 1977
The Board discussed and approved the following agenda items
Parade Upon motion duly made and seconded, it was voted to approve the re-
Permit quest of Mr Ralph Lord, High School Recreation Coordinator, for a parade
permit on Saturday, November 12 from 12 30 to 1 00 p m prior to the
Melrose-Lexington football game
Meeting Mr Kent agreed to represent the Board at the meeting of the Lexing-
Representa- ton Burlington Red Cross Chapter on October 27 at the Minuteman School
tive
Board members agreed to attend Back-to-School night at the Minute-
man School on October 26 from 7 00 to 9 00 p.m
Board members agreed to participate in the Veterans' Day parade on
November 11 at 10 00 a m. and Chairman Battin is to read the proclama-
tion at the ceremony on the Green
Upon motion duly made and seconded, it was voted to approve minutes
of the Selectmen's meetings held on July 11 and September 12, 1977
Amick - Chairman Battin read a letter from Senator Carol Amick stating that
Bedford she was disappointed that the Board had disapproved her proposal to
Street provide what she though was a measure of relief on the traffic situa-
Traffic tion at Bedford Street near the jughandle However, she invited rep-
resentatives of the Board and the Transportation Advisory Committee
to meet with her and the State Department of Public Works Engineering
staff to discuss it once again to come up with constructive proposals;
the date of the meeting to be set as soon as possible
Mrs Miley agreed to represent the Board and a copy of the letter
will be sent to the Transportation Advisory Committee; also, representa-
tives of our Public Work/Engineering Department will attend the meeting
Selectmen The Board agreed to defer discussion of Selectmen's Policies and
Policies Procedures until the complete packet is ready
Mr Busa discussed Chairman Battin's expenses for the joint meet-
ing of the Massachusetts Selectmen's Association, the Massachusetts
League of Cities and Towns, Mayors' Association, Municipal Management
Association, the Finance Committee's Association, and the Municipal
Personnel Association, to be held in Hyannis on the weekend of October
21-23, 1977. Members of the Board agreed that it was in the best in-
terests of the Town of Lexington for a member to participate in the
activities of the Selectmen's Association and the League of Cities and
Towns
Upon motion duly made and seconded, it was voted to approve the ex-
penditure of expenses incurred by Chairman Battin on October 21-23, 1977
Health Mr Hutchinson agreed to have staff representation at the meeting
Meeting of the Health Planning Council of Greater Boston to be held in Cary Hall
on October 25
The Board discussed custodial fees for the use of Cary Hall and
29
Selectmen's Meeting October 17, 1977
Mr Hutchinson recommended that state and federal agencies be charged a
fee
Upon motion duly made and seconded, it was voted to adopt the policy Cary Hall
of charging custodial fees for state and federal agency meetings held Custodian
in Cary Memorial Hall Fee Policy
Members of the Board agreed to attend the Governor's Economic Con-
ference on 128 on October 28, 1977
Mr Hutchinson recommended that the contract for curbside collec- Recyclables
tion of recyclables be awarded to the lowest bidder, Stanley Roketenetz, Contract
Inc , for an 8-month trial period at $5,250 00 per month or a total of
$42,000 00 Curbside collections would be on Tuesday, Wednesday and
Thursday of each week Authorization is contained in Article 31 of the
1977 Annual Town Meeting He advised the Board that this bid price does
not include the expense of building a permanent bunker system at the
landfill, as previously recommended and approved It is proposed to
continue the rental of 40 cubic yard containers, supplied by the recy-
cling markets, at an approximate cost of $90 00/month per container
during the 8-month contractural agreement; we do have that amount of
money within the scope of the Article to rent them and it does get the
program underway
Upon motion duly made and seconded, it was voted to award the con-
tract for curbside collection of recyclables to the lowest bidder,
Stanley Roketenetz, Inc , 29 North Maple Street, Woburn, in the amount
of $42,000 for a period of eight months
Mr Hutchinson recommended that the contract for the installation Traffic
of traffic signals at the Waltham Street/Worthen Road intersection be Signals
awarded to the lowest bidder Authorization is contained in Article 34 Contract
of the 1976 Annual Town Meeting
Upon motion duly made and seconded, it was voted to award Contract
77-8-E to New England Traffic Signals, Inc , Winthrop, for the installa-
tion of traffic control signals at Waltham Street and Worthen Road, in
the amount of $23,906 00
Mr Hutchinson informed the Board that 62 applicants have passed the Firefighters
firefighter written examination and physical ability test, and inter- Positions
views are now being conducted for recommended appointments There are
22 Lexington residents, 7 of whom are minorities or women
Mr Hutchinson discussed Chief Corr's report on his meeting with Center
the Center Business Committee relative to parking problems in the Center, Parking
which stated that everybody is aware that more parking is needed in the
Center, and the Business Committee should pursue the matter of raising
our parking fees on existing meters as additional monies could be avail-
able for whatever project received the go-ahead The Committee agreed
and it is believed that the Chamber of Commerce will endorse the pro-
4:4)
:f ti
ti
Selectmen' s Meeting October 17, 1977
posal This would require the Board of Selectmen to amend Article 5,
section 16 of the Traffic Rules and Orders, as well as expending $2,500
to convert existing meters Chief Corr had also advised the committee
that the Police Department would make further efforts to try and stop
all-day meter feeding violators in the Center area; also, he informed
them that he did not agree that a metermaid was the answer to the
problem
The Board agreed with Mr Hutchinson that the efforts of the Police
Department regarding enforcement of meter feeding violations be publi-
cized, and to include $2,500 in FY 79 Police budget to convert exist-
ing meters Further discussion will be held on this item
Unemployment Mr Hutchinson informed the Board that extensive time had been
Compensation spent reviewing unemployment compensation, which becomes effective for
local employees on January 1, 1978 A decision must be made by Decem-
ber 1, 1977 on how to fund claims against the Town, and we would con-
tribute 1 percent of the payroll ($180,000) or self-insure and proceed
with the reimbursement method that requires direct payment from an
appropriation It is recommended at this time to approve the reimburse-
ment method, as well as designating the Town Manager's office as the
agent for administration for the Town, which would include school claims
against the Town Also, that school crossing guards be funded through
the School Committee budget in order to avoid the possibility of claims
for unemployment; this will be reviewed in greater detail with the
School Committee and Dr Lawson so that they might provide money in
their budget They would contract with the Police Department to con-
tinue to provide this service We are spending approximately $42,000
a year now on school crossing guards
Mr Hutchinson is to come back to the Board after discussion with
the School Committee
Sewer The Board discussed Mr McSweeney's recommendations regarding sewer
Connections- connections for the proposed development of 56 single family homes ad-
Vine Brook jacent to Emerson and Maureen Roads which are in the area just upstream
Area of past sewage overflows This area has been subjected repeatedly to
overflows during certain times of the year, the cause of which has not
yet been adequately demonstrated, nor has there been ample opportunity
to evaluate the effectiveness of the contingency plan These answers
should be forthcoming after completion of the inflow-infiltration
analysis next June, and after experiencing the effects of this winter
on our contingency plan Therefore, it is believed that no additional
sewerage connections in the Vine Brook area should be authorized unless
an existing health hazard exists, or a severe hardship will result,
until additional information is available
Mr Hutchinson commented that this would be a reflection of our
good faith efforts to those other communities we have been dealing with
He and Mr McSweeney would like to assess this further and develop an
impact statement economically as it covers a rather broad area rather
31
Selectmen' s Meeting October 17, 1977
than just these homes Town Counsel will be asked for legal advice re-
garding any consideration of denying subdivisions, based upon the
premises outlined in Mr McSweeney's recommendations
The Board agreed to discuss the matter after further information
is developed
Mr Hutchinson requested the appointment of Mr Perry as Acting Acting
Town Manager during his absence to attend the National Managers' con- Manager
ference
Upon motion duly made and seconded, it was voted to appoint Mr
Richard M. Perry as Acting Town Manager for the period of October 31
through November 2, 1977
The Board approved Mr Hutchinson's recommendation to combine the Annual
Annual Town Meeting Warrant and the report of the Appropriation Warrant -
Committee and the Capital Expenditures Committee Finance Comm.
Upon motion duly made and seconded, it was voted 5-0 by roll call
vote to go into Executive Session with no intention of resuming the
open session for the purpose of discussing strategy with respect to
negotiation of real property, collective bargaining, and litigation
Upon motion duly made and seconded, it was voted to go out of
Executive Session and adjourn at 10 35 p m
A true record, Attest
'227 72-7c 6.4.17y
Executive Clerk, Selectmen
SELECTMEN'S MEETING
October 20, 1977
A special meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Thursday, October 20, 1977,
at 7 00 p.m. Chairman Battin, Mr Bailey, Mr Busa, Mrs Miley and Mr
Kent; Mr Hutchinson, Town Manager; Mrs McCurdy, Executive Clerk, were
present
Executive The proper notice having been posted, the Board agreed to go into
Session Executive 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 pro-
posals for the sale of real property
After discussion, it was voted to go out of Executive Session at
8 55 p m.
Mr Busaand Mr Hutchinson were not present
Selectmen's The Board briefly discussed the FY 79 Selectmen's budget account
Budget #1050 and agreed to submit the total of $7,025 One of the items
discussed was the combination official badge and name-tag for each
Guide, and it was agreed to discuss with Rev Handley the possibility
of issuing a name-tag only
Upon motion duly made and seconded, it was voted to adjourn at
9 05 p m.
A true record, Attest
Executive Clerk, Selectmen
I
33
SELECTMEN'S MEETING
October 24, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, October 24, 1977
at 7 30 p m. Chairman Battin, Selectmen Bailey, Busa, Miley and Kent;
Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel and Miss Casey,
Principal Clerk were present
The Board met with Mr Stephen Russian, counsel for the Ford Motor Special
Company, relative to his request on behalf of his client to submit three Town
inter-related petitions to be inserted as articles in the warrant for Meeting
the Special Town Meeting on December 5 Article
One of the petitions, after certification by the Town Clerk, con- Mr Russian
tained 99 certified signatures of the 116 submitted The Board noted
that it was obligated to put into the warrant for a special town meet-
ing only those petitions which bore 100 certified signatures
Mr Russian addressed the Board and stated that he felt that, be-
cause of the tripartite petitions, there was an expression by citizens
of the Town that the petitions should be heard He felt that the letter
and the spirit of the ordinance was met
During discussion of the problem, it was brought out that to dis-
qualify one of the petitions would make the other two meaningless Mr
Bailey pointed out that under the law they could not put the petition
P in the warrant as a citizens article, but could insert it in the warrant
as a Selectmen's article if they felt justified to do so
Town Counsel agreed that this could be done The Board agreed to
insert the petition as a Selectmen's article, solely on the grounds
that the other two petitions would be meaningless unless the three were
inserted at the same time It was brought out that this action should
not be construed as setting a precident for future action of this sort
and should a question arise at Town Meeting a full explanation of the
circumstances could be given
Upon motion duly made and seconded, it was voted to insert in the
warrant for the Special Town Meeting at the request of the Board of
Selectmen the petition from Mr Stephen Russian on behalf of the Ford
Motor Company containing 99 certified signatures
The Chairman asked the Board for input relative to a request from Binding
Mr William H Levison to address them relative to seeking its support Arbitration
for an initiative petition to amend the State constitution to limit Initiative
the rate of growth of the State budget Mr Levison stated in his Petition
letter that he was not necessarily asking the Lexington Board of Select-
men to support the proposed amendment at this time
1 It was brought out during discussion of Mr Levison's request that
to meet with Mr Levison might convey the impression that the Board was
endorsing the petition The Board that it supported and encouraged any
citizen to lay before the Legislature by initiative petition a measure
34
Selectmen's Meeting October 24, 1977
in which he believes but did not feel that it should, as a body, support
or oppose the petition
Upon motion duly made and seconded, it was voted to authorize the
Chairman to reply to Mr Levison's letter on behalf of the Board of
Selectmen encouraging Mr Levison, as it would any citizen, to seek to
lay before the Legislature by initiative petition a measure in which he
believes The Board does not believe that it should, as a body, support
or oppose the particular petition
Hartwell The Town Manager requested the Board to authorize a transfer of
Ave $25,000 to engage Whitman and Howard for the preparation of the closure
Landfill plan for the Hartwell Avenue landfill The plan would contain the addi-
Transfer tional water quality testing required by the Board of Selectmen He ex-
' of Funds plained that testing that should cover it He requested that the docu-
ments be executed tonight as the Appropriation Committee was meeting also
Upon motion duly made and seconded, it was voted to authorize the
Chairman to sign the necessary transfer form authorizing the transfer
of $25,000 to engage Whitman and Howard for the preparation of the closure
plan for the Hartwell Avenue landfill
Vine Brook The Town Manager requested the Board's support of a moratorium for
Sewer sewer connections in the Vine Brook Water Shed area until such time as
Moratorium the contingency plan is completely tested and the I & I study results
are completed in June, 1978
During discussion of this request it was brought out that there
are development proposals being received for the area as well as a 56
lot subdivision plan Mr Bailey brought out the point that the Town
could be brought to court by these developers if they were not allowed
to connect to an existing sewer system. Mr Cohen concurred that this
was a possibility It was also brought out that the decision as to
whether or not a developer can connect to a particular sewer system is
not an administrative decision and that the Planning Board and the Board
of Health make this decision Mr Busa asked whether or not this mora-
torium would apply to every home in Lexington that either directly or
indirectly goes into that trunk line are on a moratorium too as to future
requests to connect to the system Mr Hutchinson stated that the mora-
torium is not intended to apply where there is a health hazard It was
then brought out that individuals could also bring suit against the Town
if developers were allowed to connect, to what they felt, was a potential
hazard to the system.
Mr Hutchinson pointed out that this was only to be a temporary
measure but could not give a time certain for its duration
After further discussion relative to the legal implications of
such a moratorium it was decided to table the matter until the next
meeting when the Town Manager, Mr Bailey and Town Counsel will draft a
new proposal with suitable wording
Upon motion duly made and seconded, it was voted to table to re-
quest of the Town Manager for support of a moratorium of sewer connec-
Selectmen's Meeting October 24, 1977
tions in the Vine Brook Water Shed area until next week when the Town
Manager, Mr Bailey and Town Counsel will have drafted a new proposal
The Town Manager presented data relative to proposed rate increase Increase in
in the water rates and requested that it be approved in time for the Water Rates
December water billing
It was agreed by the Board to discuss the matter at the work session
the second Monday in November
The Town Manager informed the Board that the cost for the poll Poll League
conducted by the League of Cities and Towns relative to the initiative of Cities and
petition was $8,000 00 exclusive of mailing costs The revenue re- Towns
ceived was $8800 00 from 26 towns that participated
Mr Busa requested a break-down of the share of the towns that did
participate and the amounts that each town paid
Mr Hutchinson said that he would report back to the Board with
this information
Mr Hutchinson informed the Board that he expects the Town to re- General
ceive $525,000 of general revenue sharing for utilization in the 1978 Revenue
budget He stated that last year the process held hearings after the Sharing
Board had effectively adopted the budget rather than giving people the
chance for input on how they would like to see the money utilized He
would like the process reversed as he would like to develop an admini-
strative proposal based upon comments that were received
The Town Manager reminded the Board that the contract for the re- Recycling
cycling had been awarded to Stanley Roketenetz, Inc and requested Contract
authorization from the Board to execute the agreement subject to Town
Counsel's review of the document
Upon motion duly made and seconded, it was voted to authorize the
Town Manager to executive the agreement between the Town of Lexington
and Stanley Roketenetz, inc for the recycling program
Mr Hutchinson requested authorization of the Board to request the Street Light
Boston Edison Company to install a street light on Ross Road Ross Road
Upon motion duly made and seconded, it was voted to authorize the
Town Manager to make arrangements with the Public Works/Engineering
Department for the installation of a street light on Ross Road
The Board discussed the report from the Director of the Public Street Light-
Works/Engineering Department concerning the updating of existing 100 ing
lumen incandescent street lighting to 3500 lumen mercury vapor lamps
Mr Bailey said he would like to know why consideration has not
been given to conversion to the two types of sodium vapor lamps He
stated that they are far more economical than mercury vapor as far as
operation is concerned, but did not know about initial cost
36
Selectmen's Meeting October 24, 1977
Mr Hutchinson said that he would look into the matter further and
it was agreed to discuss it again the second Monday in November
Collective Mr Hutchinson informed the Board that he had attended the Mass
Bargaining Managers meeting and had opposed the proposed memorandum of understand-
ing that had been agreed upon by the League of Cities and Towns and the
unions within the State He stated that he opposed it primarily because
he didn't think it dealt with the problem and he feels that collective
bargaining is still a process of compromise He stated that he felt
that it compromised his effectiveness as a manager, but was hopeful that
the Statute would work
He also attended a session on costing for human services He
stated that there was some assistance to the processes that we are in-
volved with right now, but not as much as he had hoped
Court He was particularly interested in Mr Cox's remarks about court
Reform reform. He stated that the Board might want to consider the financial
impact in itself, how the courts are funded through the County There
is a $500,000 assessable against the Town of Lexington that would be
fazed out over a five-year period
Mrs Battin stated that the Middlesex County Selectmen's Associa-
tion is planning to bring the issue up at their meeting in November to
decide whether the Association should take a stand in support of it
County Mrs Miley read a letter that had come in from the Middlesex County
Advisory Advisory Board relative to the RotbPrg study review committee There
Board was a meeting in our Selectmen's Meeting Room in October at which the
following resolutions were adopted (1) "We recommend that the Board
of County Commissioners be comprised of about 11 part time non-partisan
commissioners elected by districts for 2 year terms who then select a
professional full time County manager " (2) "The County will then
determine its own budget without Legislative approval " Mrs Miley
stated that she was just presenting this for the Board's information
Policies and The Board discussed the forthcoming manual of the Policies and
Procedures Procedures of the Board of Selectmen The subjects covered were Em-
Manual ployees of the Board and the various powers and duties connected with
each position; Selectmen's meetings procedures relative to the time
to be held, scheduling and recording, staff members in attendance, notice
of meetings, executive session, special meetings, emergency meetings and
work meetings; agenda procedure relative to the responsibility, timing,
format and content, posting, delivery and notification of interested
parties
Corrections and additions by the Board members were noted on the
draft copy and it will be discussed again at a future Selectmen's
meeting
Executive Upon motion duly made and seconded, it was voted 5-0 by roll call
Session vote to go into Executive Session, with no intention of resuming the
37
Selectmen's Meeting October 24, 1977
open session, for the purpose of discussing litigation and acquisition
of real property
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
9 20 p m.
A true record, Attest
, r 4 / -2h7 a'L7-
Principal Clerk, Selectmen
SELECTMEN'S MEETING
October 31, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, October 31, 1977, at
7 30 p m Chairman Battin, Mr Bailey, Mr Busa, Mrs Miley and Mr Kent;
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
Linda W Conrad 176 Cedar Street
Caroline McSweeney 22 Columbus Street
Robert H Lewis 25 No Hancock St
Mary F Collins 39 Fottler Ave
Vivian M. Howard 59 Wood St
Harold K. Dillman 19 Walnut St
Sally H Louis 8 Skyview Rd
Steven A Coval 23 Revere St
Poles Chairman Battin opened the hearing on a petition from the New Eng-
Worthen Rd land Telephone Company and the Boston Edison Company for the installa-
Sherburne Rd tion of one pole on Worthen Road, on the southerly side approximately
60+ feet east of Sherburne Road; one pole on Worthen Road, on the
northerly side approximately 140+ feet east of Sherburne Road
Notices of the hearing had been sent to the abutters listed on the
petitioners'plan and also filed with the Public Works Department
A report from the Director of Public Works/Engineering recommended
approval of the petition
Ms Carol Clinton, representing the Boston Edison Company, and Mr
Roland Pinault, representing the Telephone Company, were present Mr
Pinault informed the Board that the petition is for the purpose of ser-
vicing new homes that have been built in the area
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 Boston Edison Company and the New England Telephone Company
for the following location of joint poles
Worthen Road, on the southerly side approximately 60+ feet east
of Sherburne Road, one pole, 345/68
on the northerly side approximately 140+ feet east
of Sherburne Road, one pole, 345/69
Pole-Worthen Chairman Battin opened the hearing on the petition from the New
Rd ,Kendall England Telephone Company for the installation of one pole on Worthen
Rd Road, on the northerly side, approximately 18+ feet west of Kendall Road
111
39
Selectmen' s Meeting October 31, 1977
Notices of the hearing had been sent to the abutters listed on the
petitioner's plan
Questions were raised by Mr Bernstein, 132 Worthen Road, and the
Board agreed to table the matter
Upon motion duly made and seconded, it was voted to table the peti-
tion of the New England Telephone Company until additional information
is submitted on cost figures to run the line from Waltham Street vs
Kendall Road
Chairman Frank Gicca, Louise Maglione, C Eric Ellingson and Grace Bedford
Erdman of the Bedford Board of Selectmen met with the Board Sewer
Mr Gicca said that a joint line is operated that disposes of
sewage collected both in Lexington and Bedford, which connects into
the MDC at the Millbrook Arlington interceptor That joint owned
line was fine until the spring when we both had difficulty handling
the outflow because of a very wet spring As a result, Bedford met with
the MDC and after discussion it was agreed that a solution would be to
construct a line from the Arlington interceptor at Mill Brook connecting
with the Bedford line at the Bedford intersection at the other side of
Route 128 As a result of the action, a special town meeting was held
in Bedford on May 23, 1977, requesting that the legislators enact a
special Act for the Town of Bedford and moving up in priority the Mill-
i brook interceptor which had been on MDC's high priority list but had
not been previously funded As a result of that action, which was
passed on May 23 by a vote of 128-29, the bill was filed in order to
enact a law to permit the by-pass to bh constructed and financed This
Act was prepared and went through both houses, was passed about a week
ago, and given to the governor for execution That Act basically
allows this line to be financed and makes it eligible for construction
and financing under available state and federal grants and makes it
eligible for 90 percent financing from both state and federal sources
Section 2 of the Act was initially established to allow the Town of
Bedford to assume the responsibility for the remaining 10 percent, as
follows "The ten percent of the total cost of this project which is
to be borne by the Towns of Bedford and Lexington shall upon vote of the
Selectmen of said Town of Bedford be paid in total by said Town of
Bedford " The bill is currently on the Governor's desk for final sig-
nature and enactment The question came up, understandably, about
Section 2 and whether it was Bedford's intent to take an action making
Bedford responsible for the 10 percent As a result of this, and
in order to clear up questions on the matter, the Bedford Board of
Selectmen met last Friday and voted as follows "That the Town of
Bedford shall pay in total the ten percent of the total cost to be
charged by the Metropolitan District Commission for the construction,
including investigations, borings, designs, plans and specifications
for the necessary sewers and related works to provide relief for the
Millbrook Valley sewer and also the extension of said relief sewers up-
' stream to eliminate the current joint use sewer of the Towns of Bedford
40
Selectmen's Meeting October 31, 1977
and Lexington; and the Town of Bedford shall indemnify and hold harmless
the Town of Lexington for any costs in connection with the project "
Hopefully, this action on the part of Bedford should relieve any con-
cerns which the Town of Lexington may have with regard to the financing
of a project which we both feel is necessary to handle what has been an
overflow problem this past year, and could continue to be one unless
we construct the by-pass lines to provide adequate capacity for both
the Towns
Mr Cohen informed the Board that he had talked with the Bedford
Town Counsel and it was agreed that the Bedford Selectmen would have to
confirm their vote of last Friday at one of their regular meetings
Discussion was held on the possibility of correcting the original
Section 2 in accordance with this recent vote of the Bedford Selectmen
and Mr Gicci explained that this might delay matters He pointed out
that the reason for the joint meeting of the Board of Selectmen this
evening was to assure the Lexington Board that it is their intention
to reconfirm their vote Also, there is an emergency rider on the bill
to allow the Metropolitan District Commission to proceed immediately
with planning the project
Mr Bailey read a memo from Mr McSweeney, Director of Public Works/
Engineering, (1) questioning the authority for taking of easements and
land for the construction and maintenance of the extension of the Mill-
brook Valley sewer within the Town of Lexington by the Metropolitan
District Commission; (2) it was his understanding that the Town of Bedford
will assume all costs, as Section 2 seems to indicate But the Town of
Lexington and/or Town Meeting do not appear to be part of this bill;
(3) it was his understanding that 90%-10% projects for water pollution
control do not cover the funding for easements, land taking and damages;
there is no mention of the Town of Bedford assuming these costs The
Board of Selectmen and/or Town Meeting may need an article for the authority
and appropriation to cover the work within the Town of Lexington
Mr Bailey said that the only way Lexington can be involved in
any 10% would be if Town Meeting appropriated funds, and if our Town Meet-
ing didn't appropriate the 10%, we certainly aren't paying for anything.
Mr Gicci said that the M.D C would make the land takings and they
have authorization of $83 million to cover this and other sewer projects
The Bedford Board of Selectmen agreed that the Town of Lexington is
not to be involved in any appropriation concerning the Bedford relief
sewer, and also agreed that a signed copy of the reconfirmation vote of
the Bedford Selectmen is to be sent to the Lexington Selectmen
Upon motion duly made and seconded, it was voted to allow support
for the Bedford sewer bill to be signed with its present wording, in the
expectance that the Bedford Board of Selectmen will ratify it earlier,
and work with the Metropolitan District Commission, the Lexington Board
of Selectmen and the Public Works Department on location
The Bedford Board of Selectmen retired from the meeting
Mrs Joyce Hals was present at the meeting and the Board of Selectmen
agreed to attend the meeting with the Bedford Board of Selectmen and the
4l
Selectmen's Meeting October 31, 1977
128 West Resource Recovery Council on November 17 in Bedford to discuss Bedford Re-
the proposed Bedford resource recovery site to be located at Hanscom source Recovery
Field; also, to discuss the Hartwell Avenue Connector Site-Hanscom
Messrs Robert and Paul Mammola, owners of Rosina's Kitchen at Comm. Vict
373A Massachusetts Avenue, met with the Board to request the hours of Rosina's
operation of 7 00 a.m to 7 00 p m. Kitchen
Mr Robert Mammola informed the Board that they had been operating
during the hours of 9 00 a m. to 6 30 p m but when the Board of Appeals
had granted them a permit on August 26, 1976 to move the delicatessen
from the street level to the downstairs level, the hours of operation
had been approved for 7 00 a m. to 7 00 p m Thereafter, they had been
operating under those hours until the Selectmen had called to their
attention the fact that the current Common Victualler license showed
the Selectmen's approved hours of 9 00 a.m. to 6 30 p.m
Two abutters, Mr Robert Blouin of 30 Brandon Street and Mr Sey-
mour Moskowitz of 36 Brandon Street were present and voiced objections
to longer hours, early morning noise by deliverymen, and excessive
debris from the dumpster parked in the rear of the delicatessen
During discussion, the Board informed Messrs Mammola that they
had been operating in violation of the Selectmen's approved hours of
operation, and also pointed out that the Board of Appeals' permit
stated that the 7 00 to 7 00 hours for 7 days a week were subject to
the possible shortening of hours by the Board of Selectmen
The Board agreed to approve the hours of 8 00 a.m to 7 00 p m,
subject to conditions
Messrs Mammola agreed to all conditions, and the abutters appeared
to be satisfied with the results of the meeting
Upon motion duly made and seconded, it was voted to approve the
amended hours of operation under the Common Victualler license expiring
December 31, 1977 for Rosina's Kitchen, 363A Massachusetts Avenue,
subject to the condition that consideration will be given to the renewal
application for a 1978 license if favorable reports are received from
the Board of Health, Police and Fire Departments concerning regulations
on the inside and outside premises
Messrs Mammola retired from the meeting
Chairman Battin read a request for an extension of hours on New New Year's
Year's Eve Eve hours
Upon motion duly made and seconded, it was voted to approve the
request of 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
Upon motion duly made and seconded, it was voted to table the re- Proclamations
quests for the Board's endorsement of Proclamations for the March of
Dimes and the American Diabetes Association
Upon motion duly made and seconded, it was voted to approve the Minutes
minutes of the Selectmen's Meeting held on September 19, 1977
412
Selectmen's Meeting October 31, 1977
Jury List Upon motion duly made and seconded, it was voted to table the letter
from Mr Edward J Sullivan, Clerk of Courts, regarding the selection of
jurors
Census Chairman Battin read a letter from Dr John Lawson, Superintendent
School-Age of Schools, stating that the School Committee had authorized the school
Children department to expend the $6,000 it had budgeted for the school census
if this meets with the approval of the Board of Selectmen In accordance
with the new census law with respect to school-town financial responsi-
bility, there has been a change in the school obligation from 57% or
$6,000 to 25% or $2,730 of the total cost of the census at $10,500 To
avoid a hardship on the town budget this year, the $6,000 could be used
by the Town Clerk to conduct the census of school-age children
Upon motion duly made and seconded, it was voted to approve the re-
quest of the Superintendent of Schools to expend the amount of $6,000
which had been budgeted for the school department census of school-age
children
Dec 5 Chairman Battin requested the Board to sign the Warrant for the
Special Special Town Meeting to be held on December 5, 1977 Warrant consists
Town Meeting of 25 Articles, including 14 Planning Board Articles on Chapter 808, re-
Warrant zoning, and an easement; 2 Housing Authority Articles on the Woburn
Street housing; 2 Citizens' Articles; 3 Articles on the Hancock School,
and 4 other Selectmen's Articles on Firefighters' bargaining, By-Law
changes, reports from Boards and Committees
Upon motion duly made and seconded, it was voted to sign the Warrant
for the Special Town Meeting to be held on December 5, 1977
Water Bill Chairman Battin read a request from Mr McSweeney for approval of
Abatement an abatement of a water bill which was billed in error
Upon motion duly made and seconded, it was voted to abate the water
bill of Vaughon Bogosian, 252 Worthen Road, in the amount of $11 25
Appointments The Board discussed appointments to fill vacancies on the Town
Celebrations Committee and the Associate Membership of the Historic
Districts Commission.
Town Celeb Upon motion duly made and seconded, it was voted to appoint Mrs
Committee Frances Mallett, 25 Robinson Road, a member of the Town Celebrations
Committee to fill an unexpired term of office to April 30, 1978, caused
by the resignation of Mrs Ruth M. Mitchell
Assoc Memb Upon motion duly made and seconded, it was voted to appoint Ms
Historic Linda J McAulay, 4 Lexington Avenue, an Associate Member of the
Districts Historic Districts Commission to fill an unexpired term of office to
Commission January 1, 1979, caused by the resignation of Mrs Ruth B Adams
E P A Chairman Battin read a letter from the Regional Commission of
Laboratory Public Buildings Service, General Services Administration, outlining
Westview plans for the preparation of an environmental impact assessment cover-
Street ing the proposed construction of a solvent and laboratory gas storage
43
Selectmen's Meeting October 31, 1977
building on the site of the existing Environmental Protection Agency
Laboratory at 60 Westview Street, Lexington This proposed storage
building will cover approximately 650 sq ft of presently unused site
area and will be separate from the laboratory building; periodically
inspected by E P A. to insure compliance with their safety management
program.
Mr Hutchinson advised the Board that the Town had no objections
to this proposed facility, and the Board accepted his recommendation
Mr Buse agreed to represent the Board at the annual award banquet
of the Pop Warner Football, Inc , on Friday evening, December 2, 1977
Chairman Battin read a report from the Traffic Safety Committee Traffic
in response to a request from the School Department for an opinion on Safety
the safety conditions in the Paddock Lane area for children who must Committee-
walk to the Bowman School The report stated that the committee had Paddock Lane
voted not to make a recommendation regarding this area because, while Area
it is possible to determine the relative safety of a specific inter-
section, the committee cannot define the safety of an area at any given
time The committee strongly felt that there are no unsafe areas in
the Town It was also the feeling that this matter is a busing issue
and the decision of whether or not the children should be picked up
belongs in the hands of the School Committee
Upon motion duly made and seconded, it was voted to accept the
recommendation of the Traffic Safety Committee concerning children in
the Paddock Lane area, and to refer to matter back to the School De-
partment.
The Board discussed a position to be taken on establishing a Sewer
temporary moratorium until next spring on the approval of sewer Moratorium
connections in the Vine Brook Watershed area After discussion,
it was agreed that a decision would be made at the next meeting on
November 7, 1977
Chairman Battin read a report from the Traffic Safety Committee Traffic Rules
stating that the Engineering Division had checked the intersection of Middle St
Middle Street and Marrett Road and all warrants were satisfied; Marrett Rd
therefore, it was recommended that the Lexington Rules and Orders be Stop Signs
amended to include these signs
Upon motion duly made and seconded, it was voted to amend the
Lexington Traffic Rules and Orders adopted by the Board of Selectmen
on November 13, 1967, as follows By adding to Article VIII, Section
22, Schedule #7,
STREET LOCATION REGULATION
Middle Street Southeastbound at Marrett Road Stop
The Board agreed to request approval of the State Department of
Public Works for the above amendment and the installation of the Stop
signs
44
Selectmen's Meeting October 31, 1977
Johnson Land Mr Cohen requested the Board to reconfirm the vote of October
Taking-Grove 24, 1977 to sign the order of taking of the Johnson land, as requested
Street by the Conservation Commission
Upon motion duly made and seconded, it was voted to take by
eminent domain for conservation purposes the Johnson land located
on Grove Street, authorized by the 1973 Annual Town Meeting Approval
of the Secretary of Environmental Affairs is to be requested
Executive Upon motion duly made and seconded, it was voted 5-0 by roll call
Session vote to go into Executive Session, with no intention of resuming the
open meeting, to discuss strategy with respect to Town-owned land
After discussion of the sanitary landfill, it was voted to go out
of Executive Session
Upon motion duly made and seconded, it was voted to adjourn&
10 32 p m.
A true record, Attest
//7G ( fel
Executive Clerk, Selectmen
TJr
SELECTMEN'S MEETING
November 7, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, November 7, 1977 at
7 30 p.m. Chairman Battin, Mr Bailey, Mr Busa, Mrs Miley and Mr
Kent; Mr Hutchinson, Town Manager, Mr Cohen, Town Counsel; Mr McSweeney,
Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were
present
Mr Hutchinson discussed the Hartwell Avenue Sanitary Landfill and Hartwell
stated that a serious situation exists and we have been working on a Sanitary
timetable required by the Department of Environmental Quality Engineer- Landfill
ing for the preparation of an Operating and Closure Plan on the land-
fill, which is scheduled for completion on January 1, 1978 The State
has advised that they will not accept any plan which calls for the
landfill remaining open after January 1, 1978; they have advised us
that they will not accept any plan other than the one that says to close
the landfill Essentially, the State is saying that it will not accept
any plan, and we consider this position arbitrary, especially in the
light of good faith efforts of the Town There is no question that
this could run to serious economic damage to the community because of
its financial consequences He had kept the Board informed and all
of this has developed since last week Today, he had talked with
Commissioner Stanley, who advised Mr Hutchinson that he must respond
to orders from the State by tomorrow regarding how we propose to
approach the landfill, and that they fully intend, unless alternate
solutions can be found, to go to the Attorney General's office to
bring an action to shut down the landfill
In fairness to the Board and the Town, we have appropriated money
to prepare a plan which contains certain analytical data and intelli-
gently addressed the landfill and its problems, and we hoped that that
data could be presented to the State so that we might have a chance to
honestly debate this question and come up with the solution that would
provide for an alternate solution to the landfill but also something
on an intermediary basis which would deal with problems of the environ-
ment and give us the opportunity to continue with the landfill opera-
tion, which he thought has substantially been operated for the better
the last six months, and with the appropriate financial support would
be even better than that In the event that we receive an order to
shut down, hopefully some delaying process could take place but there
are estimates that run all the way up to $1 million for shutting down
the landfill This would substantially involve going to townwide
collection with disposal at some alternate site, landfill or recovery
in Saugus that would cost in the neighborhood of $4-500,000 and would
mean $2 00 on the tax rate Further, there would be costs on shutting
down the landfill, sealing it off, which might cost in the neighborhood
of $2-300,000; plus the possibility of a transfer station on all of that
it
Selectmen's Meeting November 7, 1977
So, we consider ourselves to be in rather a serious situation and also
rather an unfortunate one when technology has really not caught up the
problem, and that the Town in good faith has gone forward trying to
respond to monumental demands, and we consider this approach by the
State extremely unfortunate The most important thing is that the
Town is trying to live up to the mandate given it by the State and we
should try to design something working with them rather than against
them Once we review what we do, we will give it to the Representatives,
Senators and the press
During discussion, Mr Frank Sandy, Chairman of the Sanitary Land-
fill Advisory Committee, came into the meeting at 7 35 p.m Mr Sandy
commented that there are questions on both sides
The Board agreed to discuss the matter further with Mr Hutchinson
Mr Sandy retired from the meeting
The Board approved the following requests
Permit Upon motion duly made and seconded, it was voted to approve the
request of Wayne and Ann Maguire, Lexington representatives of the
New England Wood Carvers, to use the Visitors' Center lawn on Saturday,
July 22, and Sunday, July 23, 1978, with rain dates of July 29 and 30,
for an exhibition conducted by woodcarvers
Total Upon motion duly made and seconded, it was voted to certify that
Ballots 629 ballots had been cast in Precincts 7 and 8 for the special elec-
Special tion of a State Representative on November 1, 1977, as submitted by
Election the Town Clerk
Nov 1
Upon motion duly made and seconded, it was voted to proclaim
Proclamations Saturday, December 3, as March of Dimes Day in the Town of Lexington
Boston Edison Upon motion duly made and seconded, it was voted to grant the re-
Petition quest of the Boston Edison Company for a "Leave to Withdraw" a petition
Withdrawal dated April 30, 1973 to install six poles at the following location
Williams
1 Road Williams Road, northerly side, from a point approximately 120
feet east of Bedford Street
Sewer Ext - Mr Philip Glassnos, Manager of the Wild Acre Inn, 50 Percy Rd ,
Wild Acre met with the Board regarding a sewer extension to service the Inn
Inn A letter from the owner, Dr Bernard Udowitz, to the Board of
Selectmen stated that "he had appeared before the Board of Selectmen
on March 14, 1977 and it was decided that a sewer connection should
be made to the system and installed at the owner's expense At this
time he requested permission of the Town of Lexington to make this
sewerage connection Construction plans for a gravity flow system
have been developed by C E Maguire, Inc , and reviewed by the Town
engineering department According to this plan (1) An 8" sanitary
line would be installed 310 feet up Percy Road to Highland Avenue; and,
47
Selectmen's Meeting November 7, 1977
(2) In order to facilitate the gravity flow, a 140 foot section of
the existing Highland Avenue 8" sewer would be relaid at a lower
depth. This project would proceed according to a number of other
requirements imposed by the Town as outlined by Mr William J
Martin, Assistant Town Engineer It is anticipated that construction
would be completed two-three weeks from the date this project receives
approval by the Board of Selectmen He would like to have this job
completed before the close of this construction season "
Mr Hutchinson read a report from Mr McSweeney, Director of
Public Works/Engineering, and then recommended approval of the Board
Mr Glassanos informed the Board that he had no comments as all
those points had been discussed at length with Mr Martin, Assistant
Town Engineer, and they are certainly willing to comply with all of
them
Upon motion duly made and seconded, it was voted to grant per-
mission for a sewer extension to service Wild Acre Inn located at
50 Percy Road, subject to the following conditions
1 That the petitioner show evidence that he has an agreement
with a contractor acceptable to the Town to begin work
immediately after receiving permission, and fulfilling all
other stipulations
2 That the petitioner post a bankbook in an amount acceptable
to the Town to insure payment to the contractor
3 That the contractor provide the Town with an insurance
certificate indemnifying the Town for the usual and customary
coverages and limits, and also provide an acceptable per-
formance bond
4 That the contractor provide suitable evidence that he has
sufficient materials on hand, or available to complete this
project is an expeditious manner
5 That optimum backfill compaction measures be employed, and
that the trench be patched in segments as soon after con-
struction as is practical
6 That the petitioner provide for all necessary police de-
tails, signs, lights and barricades
7 That the Town reserve the right to inspect and accept or
reject all aspects of the project, and to order the job shut
down and cleaned up in the event of impending bad weather,
or notice from hot mix bituminous batch plants that they
intend to shut down for the winter
Mr Glassanos thanked the Board and retired from the meeting
Chairman Battin read a recommendation from Mr McSweeney, Director Contract -
of Public Works/Engineering, that the Board award the contract to the DPW Bldg Roof
lowest qualified bidder for roofing and flashing repairs to the DPW
building at 201 Bedford Street Authority for the work is contained
48
Selectmen's Meeting November 7, 1977
in FY78 DPW Account #5250, function 373-10 Three bids had been re-
ceived D & S Roofing, Inc , Framingham, $19,190; John F Shea Co ,
Inc , Mattapan, $9,133; Gilbert & Becker Co , Inc , Boston $11,800
Upon motion duly made and seconded, it was voted to award the
contract to repair and replace tar and gravel roofs in two areas at
the DPW building at 201 Bedford Street to the lowest, qualified
bidder, John F Shea Co , Inc in the amount of $9,133, subject to
Town Counsel's approval as to bid form
Traffic Chairman Battin read recommendations from Mr John J McSweeney,
Signs Chairman of the Traffic Safety Committee, for approval of the in-
Freemont St stallation of two "Caution Children" signs on Freemont Street and
Blossomcrest Road
Blossom- Upon motion duly made and seconded, it was voted to accept the
crest Rd recommendation of the Traffic Safety Committee to install "Caution
Children" signs at #63 and #70 Freemont Street, and at #11 and 200
feet westerly at #56 Blossomcrest Road The Director of Public Works
was instructed to make the necessary arrangements for the installation
of the signs at those locations
Traffic- Chairman Battin read a report from the Traffic Safety Committee,
Meriam St in response to a request from Mr Marshall Duane, 16 Meriam Street,
for two 30-miles per hour speed signs on Meriam Street, recommending
that the request be denied as speed signs cannot be erected on such
a street until a speed zone study has been conducted by the Massachuw
setts Department of Public Works and the Registry of Motor Vehicles
The committee's experience has been that these studies many times
result in speed limits higher than the existing limit of 30 miles per
hour For this reason, we have forwarded Mr Duane's letter to the
Police Department, which assured us that priority will be given to
Meriam Street in their selective enforcement program
Upon motion duly made and seconded, it was voted to deny the
request for two 30 MPH signs on Meriam Street A letter is to be
written to Mr Duane, 16 Meriam Street, informing him that the Board
had accepted the recommendation of the Traffic Safety Committee to deny
his request, but priority will be given to Meriam Street by the Police
Department in their selective enforcement program
Hancock School Mr Miller Blew and Mr Howard Stevenson of the Lexington Loft
Proposal Company, Cambridge, met with the Board Members of the School Sites
Conversion Committee were also present
Lexington Chairman Battin asked for an overview of their proposal, citing
Loft the number of units, range of prices and the purchase price to the
Town
Mr Blew said that they propose 19 units with a price range of
$45,000 to $72 or $73,000; half the units would be in the $60,000 cate-
gory On the optimistic side, we hope that more than half the number of
units would be in the under $60,000 category but, as of now, we are willing
49
Selectmen's Meeting November 7, 1977
to guarantee that 9 of the 19 would be in that category There is a
wide range from large, efficiency-type units with a loft area in the
top floor up to 2-bedroom plus There is a wide range in the 19 units
and that accounts for the wide range sale price The price to the
Town is $50,000 Basically in our proposal we tried to balance three
complete objectives for the development of the property The first
objective is of addressing housing opportunities which are not
presently available in Town so to the extent possible we have been
trying to get as many units as possible into the price categories
which are not presently served Some of you may know that Drummer
Boy has $63,000 plus basement plus options and there are not presently
condominiums available in the prices under that To that extent, we
have been successful in having a substantial number of units in
prices well below those levels The second conflicting objective is
that of historic preservation of the architecture of the building
here As we discussed before there is the problem of getting occu-
pancy of the top and bottom floors and the problem of getting enough
light and ventilation We have met with the Historical Commission and
discussed informally the plans that you see in your package and while
it certainly is premature to evaluate their reaction, they did encour-
age us in some of the thinking that we have done The third objective
is that of optimizing the impact on the neighborhood, if possible We
have felt from our discussion with various people in the neighborhood
that we have a very emotional commitment and attachment to this build-
ing It has always been an integral part of the neighborhood and we
have tried to address that in our thinking about the site development
in particular and about the price categories of the units We would
hope that we would be able to set up an exchange program for any unit
owners in the neighborhood who would want to trade in their large house
for a condominium These three objectives all interplay with one
another - pricing structure of the units, impact on the neighborhood,
and historic preservation
Mr Busa asked about their picture of the Hancock School having a
potential solar system
Mr Blew said that the potential has not been fully evaluated
either from a feasibility point of view either from the cost side or
from the savings in hot water costs As he understood it, because of
the orientation of this building, we have a unique opportunity for
substantial worthwhile savings in net water costs He had discussed
it with the Historical Commission and that's just one of those things
that 10 or 15 years from now, most buildings are going to have to deal
with and although they might not want to do it now, it is important
that the owners' association would have the right to do it at a later
time The Historical Commission would have to speak for themselves on
this; they recognized that it was a difficult situation but is is some-
thing that we are all going to have to deal with at some time or another
Mrs Anne Grady stated that the Historical Commission is not opposed
I III to solar heating panels on the roof
50
Selectmen's Meeting November 7, 1977
Mr Bailey asked if within this price range they would be willing
to make any guarantees on a range within which they would hold those
prices until the final sale date?
Mr Blew said that they would have to discuss it, they hadn't
thought about it in that way The costs are not based on true cost
estimates as they came in higher than they hoped; there would be 9
under $60,000 and we hope the smaller ones would drop under $50,000
In response to a question from Mr Grossimon, Mr Blew repied that the
information on rehabilitation costs would be confidential
Mr Colwell of the School Sites Conversion Committee asked if the
number of mix of bedrooms is because of the architectural possibilities
within the building or is it a deliberate marketing decision
Mr Blew said that the final design might have to change that rate
a little bit We have gone pretty far on the design and we don't in-
tend to change it much All of the design work is completely feasible
as far as the unit mix; it basically fits within the existing classroom
divisions with one major exception, the center section instead of
dividing it into two classrooms it gets divided into three apartments,
and that's what gives us the wider range The answer is that it is
a little of each; the larger units flow from the natural subdivision
of the building and the smaller units are deliberate and you have a
mix of the two, and we didn't try to go to a maximum density
Mr Grossimon asked for square footage figures so that they could
tie in with the range of square feet area in each apartment with the
range of prices; at least the smallest and the largest
Mr Blew said that would be a little misleading if studied
carefully because we are proposing building a mezzanine-type loft area
in some of the units so the square footage figures that he has are for
the main floor only and do not include the additional space available
Including the mezzanine, the largest units are 1,325 sq ft plus some
loft space, so that is a pretty good size for one bedroom; 8+ to as
high as 10 5 square feet plus, so that is a bit larger than industry
norms Obviously, each unit doesn't have its own yard, so there are
trade-offs
Mr Hutchinson stated that we are very fortunate to have a very
high calibre proposal from both developers, and a great deal of prepara-
tion has gone into their proposals
Mr Butters of the School Sites Committee said that the present
price of the apartments is higher than the earlier figures he had
assumed, and he asked if they cared to explain
Mr Stevenson said that basically they got far enough in the de-
sign stage to get fairly thorough take-offs on costs and prices from
two independent estimators and they frankly have come in considerably
higher than the original estimates were based Some of this was due to
the original measurements that were taken in the building, the struc-
tures became more complex; ceiling height, for example, is not an easy
thing to deal with in that building; some of it is to meet health and
safety fire codes which are due to the structure of the building and
II/
51
Selectmen's Meeting November 7, 1977
would not pass safety codes, and we had to assume that modification
would be made for each fire code The mechanical systems in our
judgment are useless and would have to be gutted, which entails
demolition costs and obviously restoration costs You start with
hopes and the more carefully you study them on average renovation, the
more likely you are to run into problems We looked at this one care-
fully and just found that costs came in higher than we thought
Chairman Battin thanked them for a very thoughful, complete
proposal and Mr Blew and Mr Stevenson retired from the meeting
Mr Hutchinson introduced Mr Stanley Sydney and Mr Kirk Noyes Hancock
of Sydney & Noyes Associates, Newton Highlands, to present their School
proposal on the Hancock School Proposal
Mr Noyes said that we propose to convert the building into
18 fairly large sized condominium units and the price to the Town is Sydney & Noyes
$100,000 for the building and if the units should go up in price,
the Town could share the return on that increase in price by an
additional 12 percent above that $100,000 We would make a subse-
quent payment at a later date for the difference The idea being to
protect the Town in terms of future revenue to us, you would also
share in the revenue potential of the building We have also out-
lined a fairly concrete timetable that we would file a building per-
' mit within 60 days of the time that we were named developers and
start construction 14 days after that date We already have all the
planning necessary to carry it out The floor plans that were sub-
mitted with this are floor plans that we can live with and we can
build those We know our construction prices are accurate, at least
within the ballpark if not within the infield The units are all
large size, considerably larger than most rental units that are on the
market these days and they have features we felt would make them even
more attractive, like the large eat-in kitchens, particularly in those
in the back of the building that face onto the rear hill We also
expect that since the building would be changing hands after January
1st, the property would still be in the hands of the Town when it was
time to look at it as a tax revenue-producing property We are
saying that we are willing to pay taxes during that year of construc-
tion so your revenue from taxes would begin as soon as we take owner-
ship of the building We would also respect the exterior architecture
of the building and not destroy it or alter it in any way other than
any ways we have pointed out in the booklet So we are basically
just including some flat windows that fit in the plane of the roof on
the back side of the building to provide light and ventilation for
some bedrooms, also, a light and ventilation requirement for the eleva-
tor, by code, for the elevator shaft which would not extend beyond the
roof, lowering four window npenings on the front of the building to
provide terraces for the units in the basement - just removing the
sill and dropping the brickwork down about 5 feet and do the same thing
II/
with two buildings in the back at the stair towers to provide fire
52
Selectmen's Meeting November 7, 1977
egress requirements Also, we are willing to guarantee that the prices
of the completed units would be within 5 percent of those prices that
are shown in the booklet $38,000 for 1-bedroom, and going up from
there, the most expensive one being $54,000 for 2-bedroom with a two-
story living room, dining room, and spiral staircase
Mr Sydney added that these are base prices and when people come
in and ask for certain betterments beyond what we have programmed, it
would obviously affect the price If someone wants a $1,500 magic oven
or range, it would add to the price, additional kitchen cabinets,
different kinds of carpeting, but these are the base prices that we
are talking about here
Mr Noyes said that they would start sales early enough so that
people could have choices on those kinds of things, even to the extent
of having hardwood floors if they desire You also said to restrict
sales to the owner/occupant so that we can avoid the possibility of
the investor/buyer coming in and buying it up and then turning around
selling at a profit, and we would put on a time constraint on selling
at a profit, we would put on a time constraint on how long they can
own before they can resell We think those are realistic kinds of
sales gimmicks, if you will, that also protect the interest of the
Town in terms of whether or not you are really selling a building
below market value and then providing a revenue producing opportunity
for someone to come in and rip you off later We have also said we
would stand behind construction and the management and operation of
the building until an owners' association can be established and ready
to take over the building The last thing is we said we would have
this ready by January 1, 1979
Mr Bailey said that they have presented a summary of construction
costs in the brochure, and he asked if those costs are exclusive of
such things as construction superintendent, insurance contingency, profit,
overhead
Mr Sydney said that when you start to mention profits in the build-
ing business that's not treated as a separate factor here and wouldn't
be included in these figures here The supervision, insurance, taxes,
all direct field costs are reflected in here in terms of pro rata on
those various figures There are other non-construction costs that
have significant impact into the units, acquisition costs of $5,000
per unit plus carrying charges for a year, taxes, construction financing,
possibly some permanent financing discounts that we have to pay, archi-
tectural services, legal services, management services, sales, real
estate agent's sales and commission, etc But this relates strictly
to the construction
In response to Mr Bailey's question if the figures in the brochure
were pretty conclusive for getting the job done, the answer was, "Yes "
Mr Bailey asked if the base price will provide a condominium that
someone can move into and live in comfortably, also, if you did want to
go first class, approximately how much more is the percentage of the
base price to be? ,
53
Selectmen's Meeting November 7, 1977
Mr Sydney replied that he had done a lot of apartments that went
into the thousands particularly where people like to spend money, such
as wall coverings; they would provide a painted wall surface, one color
for all walls and ceiling surfaces, and if someone comes in and wants
to put on vinyl wall covering, we would make that available to them,
but obviously the vinyl will cost substantially more than painted
walls It won't change the quality or character of the construction
but there would be a more durable wall finish We will have certain
standard appliances we will be providing and if someone wants some-
thing different, we will provide them We will provide a 4-burner
self-cleaning range but will not provide a radar range; we will provide
a dishwasher and disposal, and will have a kitchen exhaust, a frost-
free refrigerator but not one with an ice maker or juice dispenser
In the bathroom, we haven't really decided whether we are going to use
a fibreglass tub or steel tub with ceramic tile There are all sorts
of limits to what we can do with ceramic tile We may have an option
for a separate shower stall If someone wants all wool carpeting at
$30 00 per yard, obviously it will push the price up There is no
limit as to how many extras we will provide
Mr Grossimon said that you have the guarantee of the base con-
dominium sale price within 5 percent on the total, and how would you
so guarantee beyond your suggestion to pay an additional 12 percent
to the Town? You say you would guarantee to stay within 5 percent of
the prices
Mr Noyes said that the guarantee could be a personal guarantee
between ourselves and the town or a written guarantee if the town would
care to protect itself in terms of the guarantee We feel very com-
fortable in terms of construction numbers and what it will cost us to
build it within the next 12 months, and we certainly wouldn't want to
guarantee that price two years from now but if we were to start next
spring, we know how to build it for that kind of money
Mr Grossimon said so that guarantee would be in addition to the
promise to pay the additional payment of 12 percent, and Mr Noyes said
it would
Mr Olson of School Sites Committee said that the mix of bedrooms
was a marketing decision or growing out of architectural configurations,
when they get further into the study and find that it doesn't work
quite the way you want, is that going to be a problem to you?
Mr Noyes said that he had a general reluctance to put in too
many 1-bedroom units because you end up with a specific kind of
clientele; 2-bedrooms are more salable Some people want the larger
condominium with 2-bedrooms and make one a den or a study Probably
the more dominent element in terms of actually how that number broke
down due to the architecture of the building, the idea was not to work
against the building but go with it, and two bedrooms with a study
worked very well We don't think we could change it very much as the
bedrooms are a dictation of the size of how many feet you can get into
54
Selectmen's Meeting November 7, 1977
a bedroom The windows are really the first thing you look at and you
want your bedrooms to be at least 101/2 to 11/2 x 14 or 16 feet; those units
are so big and the windows are laid as such that you couldn't really
move any more bedroom units into the wall space you've got so you might
as well go as big as you can
This building is so small and so simple that the floor plan split
the building down the middle, and you've got one floor plan on either
side; it can be done the way it is now
Mr Butters asked if they got partway into the job and found out
there were problems in codes and in the interior of the building that
were quite beyond what you anticipated, what if things turned out to be
different?
Mr Noyes replied that he was referring to things that were prevalent
in the building industry years ago and they aren't any more In fact, a
building like this is so small and easy to deal with that you know what
the problems are liable to be and you get in there and find them; the
number of problems that come up is really very small If something does
come up, we would be willing to put a bond up against that construction
cost and we would finish the job We will get the job done even if we
have to come in and rip off the roof and put on a new slate roof because
of something like termite damage
Mr Charles Cole of the School Sites Committee complimented them
for their plans and taking advantage of existing air vents and the old
gravity system of the school
Mr Noyes said that except for the windows, we put no holes through
the roof at all to interfere with the skyline view of the roof at all
A woman said that you intend to retain ownership of the development
until all the units have been sold; a lot of people think this may not
be in the best interests of the school
Mr Noyes said that if you don't do that, whose responsibility is
this? From our standpoint, we would want to sell it and get out as
quickly as possible, which is probably what the town doesn't want a
developer to say, but in a situation like this as soon as you can get a
little home into the owners' hands and have them responsible for it, the
better off everyone will be We want to protect our investment and make
sure there is proper management, etc Until all the units are filled
but to turn over ownership if the ownership association finds it still
has one or two units left and it can't sell that unit, that last unit
is really your profit
Mr Hutchinson said that we are very fortunate to have two very
high quality proposals before the Board and depending on what the Board
wants to do you will be notified in the very near future The Board
will be going to go into Executive Session to discuss matters of sale,
price of units, etc in order to make a decision
Mr Sydney said that we are certainly willing to negotiate a sales
price on the building with you in terms of increasing or reducing it
having the impact on the selling price of the units We did make a proposal
which we think is fair. We had the feeling that to sell these units at an
00
Selectmen's Meeting November 7, 1977
average price in the middle 40's was what we take to be the consensus of
the Board, so we have geared our purchase price of the building based on
the selling price of $36,000 to $54,000 Obviously, if the selling price
of the building goes up, these prices could go up and we think they would
still be marketable If you felt our selling price of the units were a
little too high and were willing to reduce the price of the building, we
would reduce the price of the condominium but, basically, we are talking
about a 12 percent factor on the purchase price as an acquisition cost
of the building So, we are somewhat flexible in that area We think
that 12 percent figure is a reasonable figure due to the condition of
the building and the investment we have to make in terms of demolition
to put it in the condition we want to remodel
Chairman Battin thanked them for a thoughtful proposal, and Mr
Noyes and Mr Sydney retired from the meeting, with the understanding
that they would be informed tomorrow of the decision of the Board
Later on in executive session, the Board evaluated both proposals
presented by the Lexington Lift Company and Sydney and Noyes Associates
It was agreed to go out of executive session and vote in open meeting
to accept one proposal
Upon motion duly made and seconded, it was voted to accept the Sydney Vote -
& Noyes proposal for the Hancock School, which will be presented to the Hancock
Special Town Meeting to be held on December 5, 1977 School
The Board discussed the final decision to be made on imposing a
temporary moratorium on sewer connections in the Vine Brook Watershed Sewer
area until a review in the late spring as to whether it would be termi- Motatorium
nated or continued
Mr Hutchinson said that we have revised the wording to reflect a
health condition rather than a hazard, and what we are really saying is
that you must have an existing building or dwelling to be able to connect
to the sewer system and demonstrate a health condition to be able to do
so The matters of economic injury should be addressed to our Town
Counsel subject to this policy being adopted If they have any grounds
to oppose the policy they should deal with him The only reason you
connect would be to an existing building and you would have a recommenda-
tion from the Board of Health It is our hope that this remain temporary
as we just want to assess what we are doing
Mr Busa raised questions about people who have already begun the
process of construction of houses; a person who wants to add on another
lavatory
Mr Bailey stated that the contractor could proceed at his own
risk and, although he was sympathetic with some of the dilemmas that
builders will face as a result of this moratoriup,he didn't see any way
other than stopping it and giving ourselves the chance to see how our new
system works; we have to have that experience behind us to see how it
works
Mr Hutchinson said that when someone wants to put on an addition,
most people do have a sewer connection, but if they don't they might be
5b
Selectmen's Meeting November 7, 1977
111
in a situation where they do have a health problem and would be allowed
to do so
Mr Busa asked what happens if they are already connected?
Mr Hutchinson replied that they will not be connected
Mr Kent said that we all recognize that in its very nature a
moratorium of this sort causes hardship and we would rather not im-
pose it at all but the question really comes down to an exercise of
judgment as to what the needs of the town are with respect to a serious
condition The advise that we have calls for this kind of a full
moratorium in the broad health interests of the community and therefore
for us to confine our exceptions to this policy, the health conditions
that relate to existing buildings, seemed to him to be about as far as
we ought to go in that regard if we are going to have a moratorium
We've had so much difficulty in attempting to standardize any notion
of hardship to come up with a workable standard other than the one
we have before us He had come to the conclusion that this is the one
that we need
Chairman Battin concurred and commented that as we do as a Board,
or don't do, can hurt someone and we have to be very careful of what
the impact is and have to make the choices To let it continue might
harm more people than the ones that are being harmed by ordering the
moratorium
Mrs Miley agreed and moved to adopt the moratorium for the Vine
Brook Watershed
WHEREAS The Town of Lexington has been experiencing periodic
sewage overflows within its sanitary sewer system, and
WHEREAS Said overflows have caused the Town to prepare a Con-
tingency Plan for dealing with these overflows, and
WHEREAS Current studies are underway to propose solutions to
problems within the sanitary sewer system, and
WHEREAS The Town's Contingency Plan for dealing with overflows
needs evaluation for its effectiveness, necessitating
a temporary period for review, and
WHEREAS It is felt that to add substantial volumes of sewage
to an existing problem at this time might further ag-
gravate a difficult situation,
NOW, THEREFORE We, the Board of Selectmen impose a temporary moratorium
of sewage connections in the Vine Brook Water Shed area,
except in cases of existing dwellings or buildings that
are confronted with a health condition which necessitates
connection to the system
Said temporary moratorium shall be reviewed for its
termination or continuation in late spring of 1978
Signed by Margery M Battin, Fred C Bailey, Alfred S Busa, Mary W Miley,
Robert B Kent
III Treasurer Mr Louis A Zehner, Town Treasurer, met with the Board to request
57
Selectmen's Meeting November 7, 1977
approval of borrowing $68,000 for the Cranberry Hill land owned by
Foley and Sayre, as approved under Article 44 of the 1977 Annual Town
Meeting Seven bids had been received and he recommended approval of
the lowest bid submitted by the New England Merchants Bank
Upon motion duly made and seconded, it was voted to accept the
recommendation of the Town Treasurer to borrow $68,000 for conservation
financing from the New England Merchants Bank at 3 00 percent, notes to
be dated November 10, 1977 and due May 2, 1978, interest at maturity
Mr Zehner retired from the meeting
The Boarddiscussed the letter from the Middlesex County Clerk of 1978
Edward J Sullivan, regarding recent enactment of Senate Bill #1481- Jury List
An Act Regulating the Selection and Management of Jurors for Middle-
six County, and the future appointment of a jury commissioner to
supervise the operation
A summary of a report from Mr Cohen stated that Boards of Select-
men have a limited role in the selection of jurors from their communi-
ties They are responsible for generating a list of all eligible
residents and, following the random selection of potential jurors from
that list, for preparing a data form for each juror, to be used by the
jury commissioner in the creation of a master list The Act holds
selectmen liable for wrongful conduct in the execution of these responsi-
1 bilities
The Board agreed to reply to Mr Sullivan thanking him for his in-
formation and also express the feeling of the Board that, hopefully, the
information that is required will be simple and will not place an added
burden on municipalities, financial or otherwise
Board members agreed that all petitions on compulsory and binding Binding
arbitration are to be submitted to Jim Wood, Lexington Coordinator Arbitration
Also, a letter of thanks is to be written to Mr Wood thanking him Petition
for his valuable assistance in the petition drive
Mr Hutchinson discussed Chief Bergeron's recommendation on the Fire Engine
award of the contract for the new fire engine The lowest bidder, Farrar
Company, did not meet the specifications and the recommendation is to
approve the award to the next lowest bidder, Maxim Motors Division, in
the amount of $72,249-basic engine, $3,960-hose option, $4,919-equipment
option, less $1,500 trade-in on Engine 6; total cost of $79,628 Mr
Hutchinson said that he had inspected a Maxim engine in Arlington and
found the workmanship and service to be acceptable; the costing of bids
had been checked and approved by the Comptroller; the entire Maxim bid
had been checked and approved by Town Counsel Bids ranged from
$76,286 to $93,122
Upon motion duly made and seconded, it was voted to accept the
recommendation of the Fire Chief to the Town Manager that the contract
for the new fire engine be awarded to Maxim Motors Division, in the
total amount of $79,628, with a delivery date of 120 working days
58
Selectmen's Meeting November 7, 1977
Transfer- Mr Hutchinson recommended that the Board approve a transfer re-
Hayes Lane quest
Trunk Sewer Upon motion duly made and seconded, it was voted to request approval
of the Appropriation Committee for a transfer from the Reserve Fund to
Article 23 of the 1973 Annual Town Meeting in the amount of $4,299 90
for payment of final bills for engineering services for the Hayes Lane
Relief Sewer
Sewer Mr Hutchinson read a recommendation from Mr McSweeney, Director
Betterment of Public Works/Engineering, that Mr William Potter's request for an
Deferment abatement of sewer charges not be granted, but could be deferred until
Walnut Farm such time as the land owned by the Walnut Farm Trust was built. upon or
Trust sold The lay of the land along this portion of the Golf Club is sub-
stantially below street grade and, therefore, a gravity sewer connection
is not possible It would be possible, however, for any future struc-
ture to connect to this sewer through use of a pump It is pointed out
that under the betterment statutes "available" is defined as meaning a
gravity connection The amount of the betterment assessment against
the Golf Club is $2,447,39 and represents an assessment against approxi-
mately 340 feet of the 875 feet of frontage owned by the club
Upon motion duly made and seconded, it was voted, under the provi-
sions of Chapter 159 of the Acts of 1950, to defer payment of the sewer
betterment on Lot 4/43, Walnut Street, owned by the Walnut Farm Trust,
in the amount of $2,447, without interest, until said land or any part
thereof is developed, sold or until the expiration of three years from
the date hereof, whichever event occurs first, provided, however, that
this extension of time shall terminate immediately if said land or any
portion thereof is developed or sold
Sewer Mr Hutchinson read a recommendation from Mr McSweeney, Director
Betterment of Public Works/Engineering, that Mr Karl A Walczak's request for an
Walczak abatement of sewer betterments not be granted, and the amount of $821 91
be paid Abatements should be granted only when sewer serves no useful
purpose to a lot or when it is not physically available Deferment of
betterments can be made in hardship cases or when the land is used for
agricultural purposes This request does not meet any of these require-
ments and, therefore, the betterment should not be abated or deferred
We concur that the construction of a sewer service to Concord Avenue
would be more difficult than one to Chadbourne Road; however, it would
not be any more difficult than some others we have seen Lots can be
bettered for sewer on only one street and, if and when sewer is installed
in Chadburne Road, this lot would not be reassessed
Upon motion duly made and seconded, it was voted to accept the
recommendation of the Director of Public Works/Engineering not to grant
the request of Mr Karl A Walczak for an abatement of a sewer better-
ment assessed on the property at 16 Chadbourne Road in the amount of
$821 91
1
5i)
Selectmen's Meeting November 7, 1977
Mr Hutchinson read a recommendation from Mr McSweeney, Director Sewer
of Public Works/Engineering, that Mr David E Gomper's request for Request
permission to install sewerage in Hartwell Avenue near Hartwell Place Gompers
be denied for the following reasons (1) We are estremely concerned
about the effects of developing this parcel as regards storm water run-
off to Bedford, and the ability of this site to meet minimum acceptable
cellar floor elevations These issues will be addressed in much greater
detail under the provisions of the Wetlands By-Laws, (2) The proposed
sewer for this facility would be tributary to the Vine Brook Area and,
as such, may increase the potential for future sewage overflows The
denial of this request would be in keeping with our recommendation that
no additional sewerage connections be authorized to sewer tributary to
the Vine Brook area
Upon motion duly made and seconded, it was voted to accept the
recommendation of the Director of Public Works/Engineering to deny the
request of Mr David E Gompers, 16 Welch Road, that the sewer line on
Hartwell Avenue presently terminating at Hartwell Place be extended
600 feet A copy of the temporary sewer moratorium is to be sent to
Mr Gompers
Mr Hutchinson read a recommendation from Mr John McSweeney, Di- Sewer
rector of Public Works/Engineering, that the request from Mr Charles Betterment
Kelley and Ms Barbara Najarian, Boston, for an abatement of $685 80 Cliffe Ave
sewer betterment assessed on 101 Cliffe Avenue be denied as the parcel
consists of three separate house lots, each having frontage on a
different street We concur with the fact that betterments have been
paid on Hillcrest Avenue and Albermarle Avenue and are not being assessed
on Cliffe Avenue, but this most recent assessment is an improvement to
the third lot and, if abated, only two of the three building lots could
be considered having sewer available
Upon motion duly made and seconded, it was voted to accept the
recommendation of the Director of Public Works/Engineering to deny the
request from Mr Charles Kelly and Ms Barbara Najarian for an abate-
ment of $685 80 sewer betterment assessed on 101 Cliffe Avenue
Mr Busa recommended a review of the intent to take sewer ease- Sewer
ments on the property owned by the Misses Harrington at Curve Street Easements
and Mass Avenue He had requested information from the Engineering Harrington
Department on the grade line coming out of the Adams School
Mr Hutchinson agreed to review it with Mr McSweeney and the
matter will be discussed at the meeting of November 14
Mr Hutchinson informed the Board that additional information is Bus Shelter
being gathered on the suggestion from Honeywell for a bus shelter for Honeywell
M B T A. patrons to be installed at the corner of Forbes Road and
Marrett Road The Police Department has a question about the need,
and the Traffic Safety Committee would like to know where it would be
located
60
Selectmen's Meeting November 7, 1977
The Board agreed that Mr Hutchinson is to come back with the
necessary information on the possibility of the bus shelter
Recycling Mr Hutchinson informed the Board that a public informational
Program meeting will be held on Wednesday evening regarding the recycling
program which was instituted on November 1 The Town was pleased with
the response from the residents but it is hoped to double the paper
and glass collections Extensive material is being prepared for
publicity purposes
Minutes Upon motion duly made and seconded, it was voted to approve
the minutes of the Selectmen's meetings of September 26 and October
24, 1977
MCAB - Mrs Miley informed the Board that a general meeting will be held
County by the Middlesex County Advisory Board in Estabrook Hall on November
Budget & 17 to discuss the status of the Middlesex County budget and justifica-
Highway tion for continued existence of the County Highway Department MCAB's
Dept questionnaire asks if retention or abolition of the County Highway
Department is favored There is a different consensus among Advisory
Board members Small towns like Groton and Wayland use the County
Engineering Department far more than a town like Lexington; we use
them for Chapter 90 roads and they were a great help in doing the
bounds of the town last year, they also have records of County roads,
which would be applicable for small as well as larger towns Mrs
Miley recommended that the number of employees in the Middlesex
County Engineering Department be reduced by attrition
Upon motion duly made and seconded, it was unanimously voted to
recommend to the Great and General Court that the number of employees
in the Middlesex County Engineering Department be reduced by attrition
Orders of Mr Cohen recommended that the Board sign an order of taking of
Taking - land owned by Foley and Sayre
Cranberry Upon motion duly made and seconded, it was voted to sign the order
Hill land - of taking for conservation purposes the land owned by Reta L Foley
Foley, with an award of damages in the amount of $64,989 Also, to sign the
Sayre order of taking for conservation purposes the land owned by Woodrow
Wilson Sayre and Edith C Sayre in the amount of $8,940
Great Mr Hutchinson informed the Board that the Town of Arlington had
Meadow replied to our request for signs to be erected at entry points in
Signs Lexington to the Great Meadows, and Arlington has erected four signs
Mr Busa recommended that a sign be installed at the Sheila Road
access as many violations occur in that area
The Board agreed that these signs prohibiting motorized vehicles
from entering the Great Meadows, plus the continued weekend patrol by
the Lexington Police Department, should alleviate the situation A
letter of thanks is to be written to the Town of Arlington, and a re-
quest for an additional sign at the Sheila Road access is to be included
in the letter
61
Selectmen's Meeting November 7, 1977
Upon motion duly made and seconded, it was voted 5-0 by roll call Executive
vote to go into Executive Session, with the intention of resuming the Session
open meeting, for the purpose of discussion of the sale of real
property
After discussion of the Hancock School property, it was voted to
go out of Executive Session and resume the open meeting
The Board agreed to accept the proposal submitted by Sydney & Hancock
Noyes Associates, Newton Highlands, for the Hancock School, and the School
vote is so recorded on Page 55 of these minutes Proposal
Upon motion duly made and seconded, it was voted 5-0 by roll Executive
call vote to go into Executive Session, with no intention of resuming Session
the open meeting, for the purpose of discussing strategy with respect
to 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 40 p m
A true record, Attest cc
J✓ Executive Clerk, Selectmen
62
SELECTMEN'S MEETING
November 14, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, November 14, 1977,
at 7 30 p m Chairman Battin, Selectmen Bailey, Miley and Kent, Mr
Hutchinson, Town Manager; Mr Cohen, Town Counsel and Miss Casey, Princi-
pal Clerk were present
Pole The Board met with Mr Roland Pinault of the New England Telephone
Location Company and Mr Bernard Bernstein, 132 Kendall Road to again discuss
Worthen the request of the N E Telephone Co for permission to install one
Road pole on Worthen Road to service the Ryder Lane Development The origi-
nal petition was tabled on October 31st because of Mr Bernstein's
opposition to the installation Mr Pinault presented to the Board
the cost differential between service via Waltham Street, as suggested
by Mr Bernstein, and Worthen Road as requested by the Telephone Com-
pany The difference would be approximately $6500 00 Mr Bailey in-
formed the Board that he had gone down to the location and stated that
there were a lot of poles in the area but felt that they did blend in
well with the trees He noted that the only house in the area that
did not have a pole in front of it was at 132 Worthen Road and suggested
that the petition as originally presented made sense
Mr Pinault explained that the original feeder route was designed
to come down Kendall Road and that was where the lines are now and if
they had to come down Waltham Street it would mean installation of con-
duit and 600 additional feet of cable
After further discussion, it was agreed to grant the New England
Telephone Company permission to install the pole as originally requested
Upon motion duly made and seconded, it was voted to grant permis-
sion to the New England Telephone Company to install one pole on Worthen
Road on the northerly side, approximately 18'+ (feet) west of Kendall
Road, Pole 345/53
Joint Pole The Chairman read a petition from the New England Telephone Company
Locations and the Boston Edison Company for three poles on Worthen Road to become
jointly owned
Upon motion duly made and seconded, it was voted to grant permis-
sion to the Boston Edison Company and the New England Telephone Company
to jointly own three poles on Worthen Road formerly 100% Edison Company
poles; one at Worthen Road on the northerly side, approximately 20'+
(feet) east of Massachusetts Avenue, Pole 345/15A and two at Worthen
Road on the northerly side, approximately 18'+ (feet) east of John
Poulter Road, Poles 345/49 and 345/50
Bicycle The Board met with members of the Recreation Bicycle Sub-committee
Sub-committee relative to the feeling of the Board regarding a proposed article for
presentation to Town Meeting requesting that our local law be brought
63
Selectmen's Meeting November 14, 1977
into conformity with the State Bicycle Law, Chapter 806
Mrs Hinkle stated that, in essence, the State law permits bicyclists
to ride on sidewalks outside business districts, noting that pedestrians
always have the right of way
Our local law forbids bicyclists to ride on sidewalks Mrs Hinkle
informed the Board that she had checked with the Police Department and
was informed that they have been encouraging children to ride on side-
walks outside the business district for their own safety
The proposed change to Article XXV, Section 7 is as follows
"No person shall use or operate on any sidewalk any motorized vehicle;
non-motorized bicycles may be ridden on sidewalks outside the business
districts, (as designated by the Board of Selectmen), when necessary in
the interests of safety A person operating a bicycle on the sidewalk
shall yield the right of way to pedestrians and given an audible sign
before overtaking and passing any pedestrian; bicycles shall otherwise
be operated according to Chapter 85, Section 11B of the General Laws of
Massachusetts "
Mrs Battin read Mr Cohen's approval of this and his suggestion to
make a specific exception for motorized wheelchairs
After discussion, the Board agreed to the change and Mr Cohen's
suggestion to make an exception for motorized wheelchairs, and will
present the proposed change to Town Meeting
The Bicycle Sub-committee also requested, and obtained, persmission
to meet with the Traffic Safety Committee to discuss this By-Law change
and other matters of bicycle safety
The Committee thanked the Board and retired from the meeting
The Board met with the Misses Ruth T and Ellen E Harrington Harrington
relative to their opposition to a proposed sewer easement from Curve Sewer
Street to Barnes Places which would go through the Harrington prop- Easement
erty Curve St
The Town Manager read a letter from the Harrington's attorney
stating their objections to this easement Mr Hutchinson stated that
Mr Busa had raised the question of alternatives to this method at the
last Selectmen's meeting Mr Hutchinson stated that he felt that
from an engineering and economic standpoint, that the proposed ease-
ment was in the best interest of the Town
It was brought out during the discussion of the problem that the
proposed sewer line would go right down the middle of the property,
and thus the lot line would be split by the easement The two lots
are in common ownership and if the owners wanted to build or extend
the present house the lot line would not matter
An engineering plan was presented to the Selectmen and Mr Bailey
poiritced out that the plan did not show the location of any of the build-
ings in the neighborhood He felt that it was difficult to make a
judgement with the present plan and felt that he would prefer to have
Mr Busa's opinion of the situation relative to the elevation
It was suggested that one alternative would be to go through the
64
Selectmen's Meeting November 14, 1977
Adams School property and Mr McSweeney pointed out that the cost would
be double plus there is a question of travesting across the middle of
the Adams School property which would then preclude future development
there
Mr Bailey suggested that if the Harrington's were willing to give
up the building rights on one lot and combine it with the other it would
give the town the capability of studying other alternatives He said
that if they were willing to state just what exactly they are going to
do, then the Selectmen could figure it out
The Harrington's stated that they did not have any specific plans,
but did not know about the future
Miss Ruth Harrington asked whether the possibility of going along
the stone wall by the professional building that goes down into Barnes
Place from Mass Avenue had been considered
Mr McSweeney stated that he would like to go over the whole plan
again and meet with the Harrington's in about two weeks
The Board agreed to table the matter for a few weeks
The Harrington's thanked the Board and retired from the meeting
1978 Annual The Board discussed the 1978 Annual Town Meeting
Election- Upon motion duly made and seconded, it was voted to call the 1978
Town Meeting Annual Town Meeting (Election Day), for Monday, March 6, 1978 with
Closing of polling hours of 7 00 a.m to 8 00 p m
Warrant Upon motion duly made and seconded, it was voted to call the first
deliberative session of the Annual Town Meeting for Monday, March 20,
1978 at 8 00 p m in Cary Memorial Hall
Upon motion duly made and seconded, it was voted to close the
Warrant on Friday, December 30, 1977
Lexington The Chairman read a letter from William R Page relative to the
Forum on resignation of Mr Lloyd Gilson from the Lexington Forum on Aging
Aging Committee
Resignation Upon motion duly made and seconded, it was voted to accept, with
Lloyd Gilson regret, the resignation of Mr Lloyd Gilson from the Lexington Forum on
Aging Committee, effective immediately
Cary Hall A request from Congressman Tsongas for the use of Cary Memorial
Congressman Hall on Tuesday, January 3, 1978 from 8 30 p.m to 10 00 p.m to
Tsongas meet with residents about issues of concern was read by the Chairman
Upon motion duly made and seconded, it was voted to grant permis-
sion for the use of Cary Hall to Congressman Tsongas, for Tuesday,
January 3, 1978 from 8 30 p.m to 10 00 p.m
Estabrook The Chairman read a letter from Mr Levi Burnell requesting penis-
Hall sion to use Estabrook Hall for Bicentennial Band rehearsals on Wednes-
Bicentennial days, November 23 and 30 and Thursdays, December 8, 15, and 22 from
Band 7 00 p m. to 10 00 p m
Upon motion duly made and seconded, it was voted to grant permis-
65
Selectmen's Meeting November 14, 1977
sion for the use of Estabrook Hall for Bicentennial Band rehearsals on
Wednesdays November 23 and 30 and Thursdays, December 8, 15 and 22,
from 7 00 p.m to 10 00 p.m
The Chairman informed the Board that a notice had been received Metropolitan
from the Metropolitan Area Planning Council relative to a meeting on Area Planning
November 22 at the Alcott School in Concord regarding alternative Council
planning directions, implications of planning decisions and ways to Meeting
choose the best plan for each community Mr Eric Clarke, who was
attending the Selectmen's meeting agreed to go
An informational meeting between the Appropriation Committee, the FY '79
Capital Expenditures Committee and the Board was held to review the Budget
Manager's budget which he presented and explained that he hoped to
schedule for next Monday's Selectmen's meeting a very detailed session
with the DPW dealing with their budget The program called for spend-
ing authorization of $1,715,250 fur FY '79 compared to $1,430,845 for
FY '78 The program called for a five-year borrowing program of
approximately $800,000 per year He recommended a five-year $2,000,000
expansion program for the expansion of the sewer system to be con-
sidered and authorized for borrowing which should complete the sewer-
ing of the Town He recommended $250,000 of borrowing in anticipation
of Federal and State funds that would be part of the Inflow & Infiltra-
tion study of the sewer system which is 90% funded and only required
$25,000 in actual operating money to the Town
Acquisition of cemetery land through a borrowing program was
recommended He pointed out that conservation purchases are some-
what less now, but pointed out that there may be changes here
He recommended that the reserve fund be increased from $150,000
to $200,000 to protect the Town from an expanding number of "unknowns"
The problems with the sanitary landfill was pointed out as a major prob-
lem at this time He pointed out that the program as recommended would
essentially save $1 00 on the tax rate vs last year's appropriations
Last year the Town approved $997,845 in capital improvements from
taxation and $443,000 from borrowing His proposal calls for $765,000
in general taxation and $950,000 from borrowing
Briefly reviewed, he pointed out that in the public works area
$25,000 for water mains was essentially for maintenance as was $40,000
for storm drainage He pointed out that $350,000 per year for the re-
maining four years was something to think about as the Town will be
spending money for a drainage study problem and, at some point in time,
the Town is going to have to address itself to solving the problem
The figure will be subject to review Water meters, street construction,
curb construction, traffic signals and center development were budgeted
at zero The $130,000 shown for public works equipment was still under
review and there would be a definite figure for next week's meeting The
Public Works Department had asked for consideration of expansion of their
facility and he said he though it had merit, but not for this year The
66
Selectmen's Meeting November 14, 1977
money for the sanitary landfill development was essentially for speci-
fications and preparation of a transfer station The comprehensive
drainage study is a continuation of planning based upon drainage areas
and the Inflow Infiltration study is essentially a continued analysis
of the existing sewer system, indentifying areas for correction He
pointed out that the program is 90% Federal and State funded The
$60,000 for recyclables was based on bids received
The $130,000 for the cemetery is for expansion and development
and land acquisition The conservation fund has been the standard
appropriation for many years and is based upon the anticipated acquisi-
tions, but he pointed out that may be changed
There was no money proposed for brook reclamation, but the Manager
pointed out that there would be expenditures in the future relative to
equipment needed
Cary Library had requested money for a book security system, but
was budgeted at zero Request for shelving was also turned down as
not a capital improvement but coming under the $2,000 operating expense
The $10,000 for school closing program is an arbitrary figure and
Mr Hutchinson pointed out that the closing of Munroe School is listed
for probably 1979 or 80 and that it may be turned into a school admini-
stration building
$40,000 was recommended for detailed plans and specs for the center
pool $25,000 for playfields for the next four years Mr Hutchinson
explained that he was looking at the operating budget within public
works in hopes of absorbing this figure The $100,000 request for
bikeways was a five year program The Manager explained that he was
investigating Federal and State grant monies but cut it out due to the
unknown availability of these funds All other recreation requests are
scheduled for later years so that there are zero figures now
Chief Bergeron of the Fire Department explained his request for
$20,000 to recondition one of the better engines He stated that several
communities are doing this type of reconditioning of older serviceable
equipment The work consists of removing all of the present body, com-
partments in the engine and building a whole new body on it, replacing
the water tank and completely reconditioning the pump and adding a roof
to the cab It called for the addition of some of the hose lines that
are presently not on the engine that tend to make it obsolete for modern
fire fighting purposes The cost of $20,000 is about one quarter of the
cost to replace the engine He pointed out that by doing this, there is
a risk that if there was a major motor problem within the next 12 years
it could cost another $10,000 or $12,000 more He felt that the overall
risk was worth it He also informed the Board that, at the Manager's
suggestion, some money was put into the operating budget under public
safety supplies for modernizing the equipment console at the desk be-
cause there is a good possibility that handicapped people may be hired
to do the dispatch function The money is needed to bring all the con-
trols together so that the people can actually do the job
The Manager explained that he was working on the operating budget
67
Selectmen's Meeting November ib, 1977
and hoped to have it ready on or about December 1 After a brief dis-
cussion, Mr Hutchinson stated that further questions would be addressed
at the next meeting and if there were any questions in the interim, to
contact his office
The committees retired from the meeting
The Chairman read a notice from the Metropolitan Area Planning MAPC
Council relative to a meeting on November 22 at the Alcott School in Meeting
Concord to learn about alternative planning directions, implications
of planning decisions and ways to choose the best plan for each
community Dr Eric Clarke of the Planning Board who was present at
the meeting agreed to attend the meeting
The Board met with the Planning Board relative to the Hancock Town Meeting
School and Article 15 of the special town meeting warrant Mr Article 15 re
Zabin stated that he wanted to see what the feelings of the Board was Hancock
regarding the drafts and discuss whether the Planning Board or the School
Board of Selectmen would present the article to town meeting Mrs
Miley made the recommendation that the Planning Board present it as
she felt that they were more competent to answer any questions
raised The Board concurred
During discussion Mrs Wheaton of the Planning Board stated that
the developers would have material ready for the Town Meeting Members
in time for the public hearing and they would be briefed before town
meeting There was some discussion as to combining Article 15 and
Article 17 and Mrs Miley explained that the reason for separate arti-
cles was because the zoning article would possibly be used for other
buildings in the future
After further discussion, it was agreed that the Planning Board
would present Article 15 to amend Section 25 of the Zoning By-Law by
adding a new Subsection 25 17 - "Municipal Buildings and Public School
Buildings Converted to Residential Uses" and adding a new Section 28
"Special Permits for Converted Municipal Buildings and Public School
Buildings "
The Planning Board retired from the meeting
Chairman Battin read a request from Mr McSweeney, Director of Sewer
Public Works/Engineering to sign abatement form in the amount of Abatement
$1,208 80 sewer charge in lieu of betterments for Arthur DeVincent DeVincent
Upon motion duly made and seconded, it was voted to sign abatement
form in the amount of $1,208 80 sewer charge in lieu of betterments
for Arthur DeVincent
Chairman Battin read a request from Mr McSweeney to sign the con- Traffic
tract, as approved by Town Counsel, for the installation of the Signals
traffic signals at Waltham Street and Worthen Road Waltham &
Upon motion duly made and seconded, it was voted to sign the eon- Worthen
68
Selectmen's Meeting November 11+, 1977
tract in the amount of $23,906 00 awarded to New England Traffic Sig-
nals, Inc for the installation of the traffic signals at Waltham
Street and Worthen Road
Order of The Chairman read a request from Town Counsel to sign an order of
Taking Lot 70 taking of Lot 70, Summer Street, under Article 53 of 1977 Annual Town
Summer St Meeting
Upon motion duly made and seconded, it was voted to sign the order
of taking of Lot 70, Summer Street, under Article 53 of the 1977 Annual
Town Meeting
One Day The Chairman read a request from St Brigid's Couples Club for a
Liquor One-Day Liquor License for a Christmas Dinner Dance on Friday, December
License 2, 1977
St Brigid's Upon motion duly made and seconded, it was voted to sign the One-
Couples Day Liquor License for the St Brigid's Couples Club for Friday,
Club December 2, 1977
Fire- The Town Manager presented to the Board an analysis of the amend-
fighters' ments of the contract which has been negotiated with the Firefighters'
Contract Union and requested approval of the Board. He explained that $45,000
will be needed to implement the settlement and that the money can come
from Article 5
Firefighters Washburn and Walton, attending the meeting, expressed
approval of the contract and the bargaining process
Upon motion duly made and seconded, it was voted to approve the
contract between the Town of Lexington and the Firefighters' Union
Water Rate The Town Manager presented a proposal for water rates reflecting
Increase a 22% increase to all users with a minimum semi-annual billing of $11+ 75
For exceptions such as Hanscom, V A Hospital and Raytheon an increase
of $31% was recommended
Mr Kent felt that the minimum rate was excessive, showing an in-
crease of upwards of 30% He stated that he felt that minimum billing
covers a large percentage of Lexington households and does not repre-
sent a "users" charge
After further discussion, it was agreed that a check of the number
of minimum billings would be made and the matter would be discussed
again at the next meeting
Upon motion duly made and seconded, it was voted to postpone
approval of new water rates until further information has been obtained.
Sewer The Manager reported that he had received a report from the Direc-
Abatement- tor of Public Works/Engineering relative to the request of Stephen E
Cox Cox for an abatement of a sewer betterment charge of $1,015 1+5 The
sewer to the property at 64 Garfield Street was installed by Mr Cox at
no charge to the Town
Upon motion duly made and seconded, it was voted to abate the sewer
69
Selectmen's Meeting November 14, 1977
betterment charge of $1,015.45 to Mr Stephen E Cox of 64 Garfield
Street as the sewer was installed at no cost to the Town
The Board discussed the possibility of the installation of sodium Street Lights
lights The report from the Engineering Department brought out that
the Boston Edison felt that, due to the intensity of light emitted,
the sodium lights would be offensive in residential areas At the
present time, the lowest lumen sodium that Edison provides is 9500
After further discussion, Mr Bailey requested that the matter be
tabled and requested Mr McSweeney to contact G E and Sylvania for
more information
Upon motion duly made and seconded, it was voted to table the matter
of the upgrading of the street lights until further information is ob-
tained
The Manager updated the Board relative to the sewer use ordinance Sewer Use
proposed by the Department of Public Works The Division of Water Ordinance
Foliation Control in conjunction with the Metropolitan District
Commission Sewerage division had reviewed the Sewer Use Ordinance and
had recommended some additions and corrections prior to approval by
them and the MDC. Mr McSweeney pointed out that the changes would
make us compatible with MDC and EPA rules and regulations and, there-
, fore, eligible for Federal grants
Upon motion duly made and seconded, it was voted to make the
proposed changes and corrections on the Sewer Use Ordinance as re-
quested by the Division of Water Pollution Control and the MDC
The Manager informed the Board that he and someone from the De- Vine Brook
partment- of Public Works would meet with the Conservation Commission
in the near future to discuss the Vine Brook cleaning and other re-
lated matters
The Manager informed the Board that he had sent out letters on Ambulance
delinquent ambulance bills and that he would keep the Board informed Bills
regarding the success of the effort
Mrs Miley requested the Board to review with her the sample let- Recycling
ter that will be printed in the Minute-Man on Thursday relative to Letter to
the instructions for the recycling program. After discussion in Minute-Man
which it was brought by Mr Kent that he felt that it should not be
printed unless Mr Busa had a chance to sign it, also There were some
corrections suggested and it was agreed that individual signatures
were not required and that Mr Battin would sign as Chairman for the
Board
Upon motion duly made and seconded, it was voted to submit the
letter to the Minute-Man as corrected and to have Mrs Battin sign for
the Board
7()
Selectmen's Meeting November 14, 1977
Order of The Chairman read a request from Town Counsel to sign an order of
Taking taking for Lot 70, Summer Street, as appropriated under Article 53 of
Lot 70 the 1977 Annual Town Meeting
Summer St Upon motion duly made and seconded, it was voted to sign the order
of taking for Lot 70, Summer Street, as appropriated under Article
53 of the 1977 Annual Town Meeting
Conservation Mr Cohen requested the Board to sign the deed transferring two par-
Land - Rev cels of land to the Conservation Commission that had been a gift from
Johnson the Reverend Ernest B Johnson, Jr as set forth in Article 51 of the
1977 Annual Town Meeting
Upon motion duly made and seconded, it was voted to sign the deed
to transfer two parcels of land bordering on Route 128, shown as lots
106A and 145 on Assessors ' Property Map 83 to the Conservation Commis-
sion as set forth in Article 51 of the 1977 Annual Town Meeting
Executive Upon motion duly made and seconded, it was voted 4-0 by roll call
Session vote to go into Executive Session for the purpose of discussing strategy
with respect to collective bargaining and possible litigation, with the
possibility of resuming open meeting
After discussion, it was voted to go out of Executive Session and
resume the open meeting
Sewer Town Counsel read a letter to the Board that he had received from
Moratorium Mr Joel H Greenstein, Trustee of the Kendall Gardens Trust Mr
Kendall Greenstein stated in his letter that he was the builder-developer of
Gardens "Kendall Gardens" on 8 house lot subdivision on Appollo Circle off
Trust Kendall Road He explained that at the present time, the sewer, water,
drains, gas and electric are in Apollo Circle connected to Kendall Road
and the first coat of hot top installed Sewer and other utilities have
been brought into each building lot, and extended into the 4 houses under
construction which are sold Mr Greenstein was requesting that the
sewer moratorium not apply to this sub-division due to the fact that he
had obtained all the necessary permits in the morning and the Select-
men voted the moratorium that evening
After discussion, it was agreed that the moratorium should not apply
to this particular sub-division and that Mr Cohen would get in touch with
Mr Greenstein and so inform him
Upon motion duly made and seconded, it was voted that the sewer mora-
torium not apply to this particular sub-division as the application had
been filed and accepted before the moratorium actually became effective
' Executive Upon motion duly made and seconded, it was voted 4-0 by roll call vote
Session to go into Executive Session for the purpose of discussing strategy with
respect to collective bargaining and possible litigation, with the inten-
tion of not resuming open meeting
Upon motion duly made and seconded, it was voted to adjourn at 10 25 p.m
A true record, Attest
J
Principal Clerk, Selectmen
71
SELECTMEN'S MEETING
November 21, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, November 21, 1977
at 7 30 p.m Chairman Battin, Mr Bailey, Mr Busa, Mrs Miley and Mr
Kent; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel (9 40 p.m );
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
Margaret Mary Johnston 94 East Street
Jonathan Granata 154 Grant Street
Anne Glassman 19 Hancock Street
James Kelly 55 Ledgelawn Avenue
Grace Souza 12 Eastern Avenue
Allan R Chase 28 Spring Street
John E Taranto 252 Marrett Road
Richard J Schmidt 6 Raymond Street
Frances Godoy 5 Wilson Road
Charles A Dexter 25 Young Street
John R Farmer 63 Hancock Street
Chairman Battin read a request from the Town Clerk for blanket Voter
approval of eliminating voter registration sessions Registration
Upon motion duly made and seconded, it was voted to grant the Town Election
request of the Town Clerk to eliminate precinct voter registration
sessions for future Annual Town Elections, with the understanding that
registration sessions will be held in the Town Clerk's Office
Chairman Battin read a request from Town Counsel to sign the ac- Drummer Boy
ceptance of a Conservation easement Conservation
Upon motion duly made and seconded, it was voted to accept and Easement
sign the Conservation easement granted to the Town of Lexington by
the Trustees of the Drummer Boy Trust over a strip of land situated
along the northerly and northeasterly and easterly boundaries of
Lots 1A, 3-C, 3-D, 3-E, 3-F and 3-G, shown on a plan entitled "Drummer
Boy Green (Phase II) Lexington, Mass Plan Showing Locations of Con-
servation and Pedestrian Easements" by Boston Survey Consultants, Inc
dated May 19, 1977 and recorded
Upon motion duly made and seconded, it was voted to approve the Minutes
minutes of the Selectmen's meeting held on October 3, 1977
The Board discussed a letter from Governor Dukakis regarding the Court Reform
Cox plan on court reform which, if passed by the Legislature, would Legislation
remove the Counties from the business of running the courts This
would mean a substantial savings of $528,000 in the County tax for
s)
u
Selectmen' s Meeting November 21, 1977
Lexington The State would take over the total cost in FY 82 Gover-
nor Dukakis recommended that the Board of Selectmen contact their legis-
lators and urge them to enact this legislation before the close of 1977
Mr Buse said that he had no objection to supporting court reform
but pointed out that there are three different bills - Cox, Sisitsky,
and one other and he questioned which one the Board would support
Mr Kent said that the Sisitsky version is closer to the Cox plan
but he believed that State assumption of court costs is part of all
three bills
Mr Kent was requested to draft a letter to our Senators and Repre-
sentatives urging their support for State takeover of the entire cost of
operating the judicial system The Board agreed to discuss the bills
at the joint meeting with Lexington's Senators and Representatives on
next Monday, November 28
S1378 Mr Zehner, Town Treasurer, met with the Board and recommended
support of Senate Bill 1378 which would authorize the Treasurers of
Cities and Town to pay one-half the sum of annual State assessments in
November and May
Upon motion duly made and seconded, it was voted to support S1378
which would enable Cities and Towns to pay one-half the annual State
assessments in November and one-half in May
The Board agreed to discuss this bill at the joint meeting on
November 28
1978 Chairman Battin read a list of renewal applications for 1978 Com-
Common mon Victualler licenses with no changes in the hours of operation
Victualler Upon motion duly made and seconded, it was voted to approve the.
Licenses following 1978 Common Victualler licenses, subject to period inspec-
tion by the Board of Health
Bernie & Claude Donuts, Inc
d/b/as Dunkin Donuts 373 Waltham St - 6 00 a.m - 11 30 p.m
7 days (same as last year)
Old Lexington Restaurant, Inc
d/b/as Mario's 1733 Mass Ave - 11 00 a.m - 11 00 p.m
7 days (same as last year)
Walnut Farm Trust d/b/as
Powder Horn Golf Club 4O Walnut St - 7 00 a.m - 10 00 p.m
7 days (same as last year)
Pine Meadows Golf Club, Inc Cedar St - 7 30 a.m until dark
7 days (same as last year)
Lexington House of Pizza 399 Lowell St - 10 00 a.m - 11 00 p.m
7 days (same as last year)
73
Selectmen's Meeting November 21, 1977
Kentucky Fried Chicken 211 Mass Ave - 11 00 a.m - 9 00 p.m
7 days (same as last year)
Friendly Ice Cream Corp 60 Bedford St - 7 00 a.m to 11 00 p.m
(Sunday through Thursday)
7 00 a.m to 12 00 Midnight
(Friday and Saturday)
(same as last year)
Brighams 38 Bedford St - 7 00 a.m - 12 00 midnight
7 days (same as last year)
Chairman Battin read an application for a 1977 Common Victualler 1977 Common
license for the new owners of Christo's, 1 Meriam Street, Alan and Victualler
Patricia Stein, with a request for the same hours of operation of Christo's
6 00 a.m to 10 00 p.m The Board of Health has made a final in-
spection and recommends approval of the new license
Upon motion duly made and seconded, it was voted to sign the
1977 Common Victualler license for Christo's 1 Meriam Street, ex-
piring December 31, 1977; hours of operation 6 00 a.m to 10 00 p.m
Chairman Battin informed the Board that, on Friday, November 18, Use of Town
she and Mr Hutchinson had met with Mr George Morey and Mr William Trusts
McEwen, Trustees of Public Trusts, Mr Leo Grace, bank representative
of the Trustees, to discuss the use of accumulated interest in some
of the trust funds. Mrs McCurdy, Executive Clerk, was also present
Mr Morey advised that these funds are not to be used for the
Town's operating expenses It will be necessary for the Selectmen to
make a written request for the use of the interest on the trust funds,
and Mr Morey suggested a joint meeting be held to discuss the requests
Mr Hutchinson agreed to come back to the Board with recommenda-
tions
Mr Hutchinson recommended that the Board approve an abatement Abatement-
for the sewer betterment assessment to the Metropolitan District Sewer Better-
Commission on Lot 4/11 Walnut Street in the amount of $346 56 A re- ment M D C
port from Mr McSweeney recommended abatement as this portion of land Walnut St
is a right-of-way off Walnut Street leading to the M D C water stand-
pipe The present use forms a permanent and integral part of the
M.D C 's water distribution system and, as such, the availability of
sewer to the land serves no present or foreseeable purpose
Upon motion duly made and seconded, it was voted to abate the
M D C sewer betterment assessment on Lot 4/11 located off Walnut
Street in the amount of $346 55
Mr Hutchtnson recommended that the Board approve a deferment of Deferment-
sewer betterments assessed to M Joseph, Lawrence M and P Edward Sewer Better
Carroll on Lots 48A, 9 and 8 located on Waltham Street A report Carroll
from Mr McSweeney recommended deferment until such time as the land Waltham St
Selectmen's Meeting November 21, 1977
is sold or built upon as it is undevelopedagricultural land arid, assess-
ments of approximately $11,000 would confititute a hardship The land
is presently being used by the Carrolls as a pasture for grazing and
permits have been issued to the Carrolls to keep livestock and other
farm animals at this location
Upon motion duly made and seconded, it was voted, under the provi-
sions of Chapter 159 of the Acts of 1950, to defer payment of sewer
betterment assessments levied on Lots 48A, 9 and 8, Waltham Street,
without interest, until said land or any part thereof is built upon,
sold or until the expiration of three years from the date hereof,
whichever event occurs first; provided, however, that this extension
of time shall terminate immediately if said land or any portion thereof
is built upon or sold
Map 16, Lot 48A M Joseph, Lawrence M & P Edward Carroll - $3,954 14
Map 16, Lot 9 Michael Joseph & Lawrence M Carroll - $5,946 53
Map 16, Lot 8 Joseph & Lawrence M Carroll - $ 813 14
Deferment- Mr Hutchinson recommended that the Board approve a further defer-
Sewer & ment of sewer and water betterment assessed to Frank J and Charlotte
Water Sanderson on Lots 289 to 296 Blossomcrest Road and Lots 215, 297, 298,
Betterment 299 Meadow Brook Avenue A report from Mr McSweeney recommended a
Sanderson further deferment be granted
Blossomcrest Upon motion duly made and seconded, it was voted, under the
Meadowbrook provisions of Chapter 159 of the Acts of 1950, to again defer payment
of sewer and water betterment assessments for the following lots owned
by Frank J and Charlotte Sanderson of 5 Meadow Brook Avenue, without
interest, until said land or any part is built upon, sold or until the
expiration date of November 1, 1980, whichever event pccurs first
provided, however, that this extension of time shall terminate im-
mediately if said land or any portion thereof is built upon or sold
Blossomcrest Road Sewer Water
Lot 289 $436 14 $169 50
Lot 290 356 03 90 00
Lot 291 169 10 -
Lot 292 338 20 66 00
Lot 293 338 20 66 00
Lot 294 338 20 66 00
Lot 295 338 20 66 00
Lot 296 375 82 156 8o
Meadowbrook Avenue
Lot 215 328 70
Lot 297 321 48
Lot 298 321 48
Lot 299 366 48
Selectmen's Meeting November 21, 1977
The Appropriation Committee, Capital Expenditures Committee, Rec- Capital
reation Committee, Conservation Committee, Mr McSweeney, Director Budgets
of Public Works/Engineering and Mr Jerry Martin, Assistant Town Engi-
neer, met with the Board to discuss Capital budgets
Preliminary presentations were given on Recreation, Conservation
and D P W capital items and it was agreed to more detailed discussions
at future meetings
All committee members retired from the meeting
Mr Hutchinson recommended that the Town Manager's Office c be des- Unemployment
ignated as the Town's administrative for handling unemployment claims, Compensation
and to further designate the method of payment as reimbursable by
being self-insured He advised the Board that one of the problems of
the unemployment act is that school crossing guards are eligible unless
they are funded through the academic budget and have a reasonable assurance
of return to work after the summer season The School Committee could
be asked to provide the necessary monies in the school budget for the
school crossing guards; last year, the cost was $42,000
Mr Bailey suggested that the crossing guards be hired on a con-
tract basis
Mr Hutchinson agreed to pursue the matter with the School Depart-
ment
Upon motion duly made and seconded, it was voted to designate the
Town Manager's Office as the Town's administrative agent for handling
unemployment claims, and to further designate the method of payment as
reibursable by being self-insured
Mr Hutchinson informed the Board that, according to current es-
timates, he is including $60,000 in the budget for unemployment compen-
sation
Mr Hutchinson read a report from Mr George Smith, Director of Noise
Public Health, stating that upon receipt of complaints relative to Complaint-
excessive noise levels emanating from the refrigeration units atop Highland
the Highland Food Mart at 321 Marrett Road, he had investigated the Food Mart
premises in August and September and no apparent violations were
found In October, daytime noise level readings taken by the State
Department of Air and Hazardous Materials revealed no discernible
violations at that time; however, night time readings will taken in
December Mr Smith suggested that if no violations can be deter-
mined, the Board may want to address a possible nuisance condition
which may have been created
The Board agreed to await a further report from Mr Smith before
taking action
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 Session
strategy with respect to possible litigation
76
Selectmen's Meeting November 21, 1977
After discussion, it was voted to go out of Executive Session
and adjourn at 10 1+5 p.m
A true record, Attest
Z-16.viti) 22?
Executive Clerk, Selectmen /
77
SELECTMEN'S MEETING
November 28, 1977
A regular meeting of the Board of Selectmen was held in Esterbrook
Hall, Cary Memorial Building, on Monday, November 28, 1977, at 7 30 p.m
Chairman Battin, Mr Bailey, Mr Busa, Mrs Miley and Mr Kent; Mr
Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs McCurdy, Execu-
tive Clerk, were present
Chairman Battin opened the joint meeting with legislators to dis- Joint Meeting
cuss concerns regarding State actions which impact municipalities Legislators
Senators Amick and Rotondi, Representatives Cole and Dickson, Mr
Vigderman, Consultant to the Mass League of Cities and Towns; members
of the Appropriation Committee, Capital Expenditures Committee and the
Personnel Advisory Board, Town Treasurer Zehner and Town Comptroller
Perry were also present
Mr Hutchinson expressed his concern about the escalating operat-
ing costs of the Town and the additional burden of assuming state-
mandated programs Charts were shown on how the Town of Lexington
spends its money $11 4 million goes to general government, including
debt service, insurance, etc ; $16 3 million is spent on education, of
which $15 7 is for schools and the balance for the Minuteman Vocational
School; $1 5 million in state assessments; $1 million in county assess-
ments; $0 7 million is for county and state charges He pointed out
that we receive back only $4 million on the cherry sheet while state
and county charges are $3 2 million; this leaves a net balance of
only $800,000 in local aid Nobody lists the charges we pay, and
over 90 percent of our budget is being assessed by the property tax
He appealed to the legislators for their assistance in alleviating the
burdens on towns and he stressed that there must be some method of re-
lief to be considered by the legislature
Discussion was held on exhorbitant costs for Chapter 766-Special
Needs for Children, Chapter 70-School Aid Reimbursement, Court Re-
form, problems associated with the State orders for a closure plan on
January 1, 1978 on the sanitary landfill; proposed payment of cherry
sheet charges in November and May, unemployment compensation for muni-
cipal employees, binding arbitration, MBTA, Middlesex County charges
Chairman Battin thanked all for participating in an open general
discussion and it was agreed to arrange future meetings with our legis-
latorsfor an update on action taken by the legislature on current bills
All visitors retired from the meeting at 9 30 p m
TAPE OF MEETING ON FILE IN SELECTMEN'S OFFICE
Chairman Battin read applications for renewal of All Alcoholic Licenses
Beverages licenses, Common Victualler, and Entertainment licenses for Liquor
1978 Retail Package
Upon motion duly made and seconded, it was voted to sign the 1978 Goods
licenses for the following Retail Package Goods Stores, with hours of
7S
Selectmen's Meeting November 28, 1977
operation of 8 00 a.m to 11 00 p m Joseph Trani, Incorporated,
Lexington Liquor Mart, Inc , Berman's Market, Inc , Vinebrook Corpora-
tion
Upon motion duly made and seconded, it was voted to sign the 1978
Retail Package Goods license for Busa Bros Liquors, Inc with hours
of operation of 8 00 a m to 11 00 p.m
Mr Busa abstained
Liquor- Upon motion duly made and seconded, it was voted to sign the
Restaurant Common Victualler All Alcoholic Beverages licenses for the following
Licenses restaurants expiring December 31, 1978
Peking Gardens 11 00 a m to 11 00 p.m Monday through Saturday
1 00 p.m to 11 00 p m Sunday
LeBellecour, Inc 11 00 a.m to 11 00 p.m Monday through Saturday
12 00 Noon to 11 00 p.m Sunday
Bora-Bora, Inc 11 30 a.m to 11 00 p.m 7 days Main Dining Room only
Yangtze River 11 00 a.m to 12 00 Midnight 7 days per week
Liquor Upon motion duly made and seconded, it was voted to sign the Inn-
111
Innholder holder All Alcoholic Beverages license for the following Inn, ex-
Licenses piring December 31, 1978
Sheraton Lexington
Motor Inn 11 00 a.m to 12 00 Midnight 7 days per week
Liquor Club Upon motion duly made and seconded, it was voted to sign the Club
Licenses All Alcoholic Beverages license for the following Clubs, expiring
December 31, 1978
Lexington Golf Club 11 30 a.m to 8 30 p.m Monday through Thursday
11 30 a.m. to 12 00 Midnight Friday and Saturday
12 00 Noon to 10 00 p.m Sunday
Lexington Lodge Elks 5 00 p.m to 12 00 Midnight Monday through Friday
1 00 p.m to 12 00 Midnight Saturday
1 00 p.m to 11 00 p.m Sunday
Common Upon motion duly made and seconded, it was voted to sign the Common
Victualler Victualler licenses for the following restaurants, expiring December
Licenses 31, 1978
LeBellecour, Inc 11 00 a.m to 11 00 p.m Monday through Saturday
12 00 Noon to 11 00 p.m Sunday
Sheraton Lexington
Motor Inn 7 00 a.m to 12 00 Midnight Seven days per week
79
Selectmen's Meeting November 28, 1977
Peking Gardens 11 30 a.m to 10 00 p.m Sunday through Thursday
11 30 a m to 11 00 p.m Friday and Saturday
Chadwick's 6 00 a.m to 11 00 p.m Seven days per week
Bora-Bora, Inc 11 30 a.m to 11 00 p.m Seven days per week
Yangtze River 11 00 a.m to 12 00 Midnight Seven days per week
Upon motion duly made and seconded, it was voted to sign the Enter- Entertainment
tertainment license for the Sheraton Lexington Motor Inn, expiring
December 31, 1978, entertainment to range from single performers to
full orchestra playing music in both traditional and contemporary
styles; Six days, Sunday excluded
Chairman Battin read a request for a 1-Day liquor license 1-Day Liquor
Upon motion duly made and seconded, it was voted to sign the 1-Day License
liquor license for W.R Grace Co for a Christmas party on December 10,
1977
Chairman Battin read requests from the League of Women Voters LWV - Cary
Upon motion duly made and seconded, it was voted to grant permis- Hall
sion to the League of Women Voters to set up a table in the foyer of
Cary Hall to sell informative material at the Special Town Meeting
sessions commencing December 5, 1977
Upon motion duly made and seconded it was voted to grant permis-
sion to the League of Women Voters for the use of Estabrook Hall for
an open meeting on January 10, 1978 from 7 30 p.m to 10 30 p m ;
custodian's fee to be paid by the L W V
Chairman Battin read a report from the Traffic Safety Committee Traffic-
in response to a letter from Ms Grace Thomson, Bedford, concerning Maple St
traffic conditions in the Maple Street/Massachusetts Avenue area Mass Ave
The report stated that after taking a traffic count, it was found that
the warrant for a pedestrian signal at this location was not met
Further, the MBTA was contacted and asked whether or not they had re-
ceived any feedback regarding the location of their bus stop at this
interesection; as of 11/9/77, they had received no comments relative
to this particular bus stop Since the warrant is not met, the
committee voted to recommend that the request be denied
After discussion, the Board agreed to refer the matter back to
the Traffic Safety Committee for further consideration In the opinion
of the Board, the committee did not completely address the traffic
situation in the area and requests that the committee be responsive
to what possible means should be taken in order to get people safely
across Massachusetts Avenue
The Board discussed the mintes of October 17, 1977 and it was Minutes
agreed to table the matter until the next meeting
80
Selectmen's Meeting November 28, 1977
K of C Hours Chairman Battin read a request from the Knights of Columbus for
Club an extension of hours on December 8, 16, 23 and 31, 1977
License The Board agreed to approve all requested dates except New Year's
Eve, pending receipt of the application for renewal of the Club li-
cense for 1978
Upon motion duly made and seconded, it was voted to grant the re-
quest of the Knights of Columbus for an extension of hours under the
Club liquor license for the following dates December 8, 1977 until
12 00 Midnight, December 16, 1977 until 1 00 a.m ; December 23, 1977
until 1 00 a.m
DPW Roof Mr Hutchinson discussed the roof of the Public Works Building
Contract at 201 Bedford Street On November 7, 1977, a contract for roofing
and flashing repairs on two areas of the building was awarded to John
F Shea Co in the amount of $9,133 When the gravel had been removed,
it was found that a serious deterioration condition existed on the roof
over the storage area, which would require a new roof of 7600 sq ft
The roof over the maintenance area was found to be in a condition that
could be repaired under the original specifications of the contract
John F Shea Co was contacted and gave an estimated price of $11,528
for a new roof and this was less than the estimate received from
another reputable contractor The total price to complete the roof
will be $20,661, which is covered under the appropriation of $21,000
Upon motion duly made and seconded, it was voted to award the
contract to John F Shea Company, Inc , Mattapan, in the amount of
$11,528 for the installation of a new roof over the storage area of
the Public Works Building at 201 Bedford Street
Kelley Tax Mr Cohen recommended that the Board approve the request of Attor-
Title Lots ney Patricia Hagedorn for a transfer of title to Lots 20 and 21 in
Block 16 on Earle Street in Lexington by Evelyn L Kelley to her son
and daughter-in-law, Kenneth P Kelley and Veronica N Kelley The
two lots were conveyed in 1972 by the Board of Selectmen to the late
Kenneth P Kelley and Evelyn L Kelley, subject to easements, restric-
tions, covenants and agreements of record and to the additional restric-
tion that for the purpose of building, lots 20 and 21 were to be com-
bined with other lots adjacent, and only one building together with
the customary assessory buildings was to be erected, placed or main-
tained on the combined lot The request is to convey lots 20 and 21
so that they might be combined with the adjacent lots presently owned
by Mrs Kelley's son and daughter-in-law, lots 1, 2 and 3 in Block
16, subject to the same restrictions The Planning Board has been
approached and has no objection
Upon motion duly made and seconded, it was voted to approve the
transfer of Lots 20 and 21 in Block 16 on Earle Street in Lexington
from Evelyn L Kelley to her son and daughter-in-law, Kenneth P
Kelley and Veronica N Kelley, to be combined with. adjacent Lots 1, 2
and 3 in Block 16 on Earle Street owned by Kenneth P Kelley and
81
Selectmen's Meeting November 28, 1977
Veronica N Kelley, subject to the same restrictions voted by the Board
of Selectmen on August 21, 1972; also subject to review and approval
of the new deed by Town Counsel
A brief discussion was held on Chapter 808 and other Articles in
the Warrant for the Special Town Meeting on December 5, 1977
Upon motion duly made and seconded, it was voted 5-0 by roll call Executive
vote to go into Executive Session, with no intention of resuming the Session
open meeting, for the purpose of discussing strategy with respect to
potential litigation, and a personnel matter
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
1025 p m
A true record, Attest
ecutive Clerk, Selectmen
82
SELECTMEN'S MEETING
December 5, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, December 5, 1977,
at 7 10 p m Chairman Battin, Mr Bailey (7 37 p.m ) , Mr Busa, Mrs
Miley and Mr Kent; Mr Hutchinson, Town Manager; Mr Cohen, Town
Counsel; Mrs McCurdy, Executive Clerk, were present
Traffic- Chairman Battin read a report from the Traffic Safety Committee
Mason St in response to a request from Mr Steven Baran, President of the
Pleasant Brook Association, for a line painted down the middle of
the street from the interesection of Pleasant Street and Mason Street
to the intersection of Mason Street and Peacock Farm Road for the safety
of children playing in the neighborhood The report stated that Mason
Street is a minor street and the Town does not make a practice of
painting centerlines on minor streets In the opinion of the committee,
Slow Children and curve signs, which were installed during the summer
of 1975, constitute more than adequate warnings to motorists of the
alignment of the roadway and children in the neighborhood Therefore,
it was recommended that the request be denied.
Traffic- Chairman Battin read a report from the Traffic Safety Committee
Maple St in response to a request from the Harrington School P T A for a
Harrington school speed zone signal on Maple Street The report stated that an
School inspection of the area had been made and the posted speed at the
crossing on Maple Street is 25 MPH, and 30 MPH at the crossing on
Lowell Street After learning from Chief Corr that there is currently
a crossing guard at each of these crossings during the times that
Harrington School is opening and closing and, since the school speed
zone signal would operate only during those same hours, the committee
unanimously agreed that the existing crossing guards are the ultimate
in protection at these crossings This agreement having been reached,
the committee voted that signals are not necessary at the Harrington
School and, therefore, recommends 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 the Harrington School P T.A for a school speed zone signal on
Maple Street
Liquor Chairman Battin read an application from Lee Ann's Restaurant, Inc
Lee Ann's for a Common Victualler All Alcoholic Beverages license for the premises
at 1720 Massachusetts Avenue, formerly the Battle Green Restaurant
Upon motion duly made and seconded, it was voted to schedule a
hearing on December 19, 1977 at 7 30 p.m on the application from
Lee Ann's Restaurant for a Common Victualler All Alcoholic Beverages
license
83
Selectmen's Meeting December 5, 1977
Chairman Battin read an application from Automated Vending Service Pinball
of Central Mass , Inc , for a permit for up to six pinball machines Machines
which are presently installed at the Chalet Motor Lodge on Bedford Chalet Motor
Street Lodge
A report from Mr Irwin, Building Commissioner, stated that Sec-
tion 25 26 of the Zoning By-Law of Lexington reads "Billiard rooms,
bowling alleys, dance halls, skating rinks, theaters and similar com-
mercial amusement places," and under the District which is CM, "No "
This is the only reference he found that referred to amusement places,
as a permitted use and only in a CB (Central Business District), which
the Chalet Motor Lodge is not; their district is CM But, amusement
places as a permitted use are allowed in the CB District only with
special permission from the Board of Appeals It was Mr Irwin's opinion
that the installation of pinball machines at the Chalet Motor Lodge
location on Bedford Street in a CM zone would not be a permitted use
Upon motion duly made and seconded, it was voted to deny the re-
quest for a permit for six pinball machines at the Chalet Motor Lodge
on Bedford Street, and to write a letter to the Automated Vending
Service on Central Mass , Inc , informing them that the Board of Se-
lectmen does not have the authority to grant permission for the pin-
ball machines and therefore requests immediate removal of the machines
from the premises of the Chalet Motor Lodge
Chairman Battin read a request for permission to sing Christmas Christmas
Carols in the Center Carols
Upon motion duly made and seconded, it was voted to grant per-
mission to the Lexington High School Concert Choir to sing Christmas
Carols in the Center and surrounding neighborhoods on December 17 and
December 23, 1977
Chairman Battin read a recommendation from Mr William Page for Appt
an appointment to the Forum on Aging Forum on
Upon motion duly made and seconded, it was voted to appoint Aging
Mrs Alice A Shafer, 19 Robinson Road, a member of the Lexington
Forum on Aging
Chairman Battin read applications for renewal of Club liquor 1978 Club
license Liquor
Upon motion duly made and seconded, it was voted to sign the Licenses
1978 Club All Alcoholic Beverages liquor license for the following
Lexington Council No 94 Monday through Thursday 11 00 a.m -11 00 p.m
Knights of Columbus Friday and Saturday 11 00 a.m -12 00 Midnight
Building Association Sunday 1 00 p.m -11 00 p.m
Holidays-special permission of Board of
Selectmen
Chairman Battin read applications for renewal of Common Victualler
licenses
84
Selectmen's Meeting December 5, 1977
1978 Comm The Board agreed to grant the request of the Lexington Golf Club
Victualler for a change in hours of operation under the Common Victualler license
Licenses from the 1977 hours of 9 00 a.m to 6 00 p.m -7 days to the 1978 hours
of 7 00 a.m to 6 00 p.m -7 days, with the understanding that recon-
sideration will be given if any complaints are received by the Board
Upon motion duly made and seconded, it was voted to sign the 1978
Common Victualler licenses for the following, subject to periodic in-
spections by the Board of Health
Howard Johnson's 24 hours per day - 7 days per week
Lexington Golf Club 7 00 a.m to 6 00 p m - 7 days per week
Denny's Restaurant 6 00 a.m to 11 00 p.m - 7 days per week
Bellino's Bakery, Inc 6 00 a.m to 6 00 p.m - Monday through Saturday
6 00 a.m to 2 00 p.m - Sunday
Rosina's Kitchen Deli 8 00 a.m to 7 00 p.m - 7 days per week
Liquor- Chairman Battin read requests from the Elks Club and Knights of
Clubs Columbus for an extension of hours under their Club Liquor Licenses
New Year's to 2 00 a.m on New Year's Eve
Eve The Board agreed to abide by the current ruling of the Alcoholic
Beverages Control Commission for an extension to 1 00 a.m because
January 1 falls on Sunday, and to inform the Elks Club and the Knights
of Columbus that they will be notified if a further extension is re-
ceived from the ABC
Upon motion duly made and seconded, it was voted to grant an ex-
tension of hours to 1 00 a.m under the Club All Alcoholic Beverages
liquor licenses of the Elks Club and the Knights of Columbus
Minutes Upon motion duly made and seconded, it was voted to approve the
minutes of the Selectmen's meetings held on October 17 and October 20,
1977
Drainage Mr Hutchinson recommended that the Board approve a request from
Connection Attorney Dennis Lowe for permission to connect a private drain to the
Lowe Town's drainage system to service Lot 33, Sherburne Road, owned by
Sherburne Mrs Joanne E Lowe, subject to conditions outlined by Mr McSweeney,
Road Director of Public Works/Engineering A report from Mr McSweeney
recommended approval, and he assumed that the petitioner knows that
this lot falls within the restricted area under the sewer moratorium
and a building permit cannot be issued until the moratorium is lifted
Upon motion duly made and seconded, it was voted to grant per-
mission to Mrs Joanne E Lowe to connect a private drain to the
Town's drainage system to service the referenced Lot 33, Sherburne
Road, as shownon a plan of Miller & Nylander dated October 30, 1977,
subject to the following conditions
1 That the inlet elevation be adjusted upward by at least 6" to
provide additional cover on the pipe, and that the structure
be constructed with a sump
85
Selectmen's Meeting December 5, 1977
2 That the Lowes, or their successors, indemnify and save harmless
the Town in the event of a back-up through the proposed drainage
system.
3 That all work and materials conform to Town of Lexington stan-
dards, and that the workmanship be inspected by the Town
4 That a permit be obtained from the Department of Public Works
prior to initiating any work
5 That Lot 33, Sherburne Road, falls within the restricted area under
the sewer moratorium and a building permit cannot be issued until
the moratorium is lifted
Mr Hutchinson informed the Board that he will schedule a hearing General
on General Revenue Sharing for December 19, 1977 so that interested Revenue
Town agencies may state how they think the money should be spent Sharing
The notice will be advertised in the Lexington Minute-man and the Hearing
Human Services Committee, Council on Aging, Senior Citizens, AARP,
and the Library Director will be notified of the date of the hearing
Mr Hutchinson advised the Board that the Selectmen's hearing could
be scheduled in January
The Board agreed
Mr Hutchinson suggested that the Board consider at a later date Fire Alarm
the recommendations submitted by Fire Chief Bergeron regarding fire Boxes
alarm boxes and the entire alarm system
The Board agreed to talk with Chief Bergeron after the Special
Town Meeting
The Board agreed to meet with Fire Chief Bergeron in Executive
Session next Mondayto discuss the manningstructure of the Fire
Department
Mr Bailey came into the meeting at 7 37 p.m
The Board discussed Warrent Articles for the Special Town Meeting
this evening and then adjourned
Upon motion duly made and seconded, it was voted to adjourn at
7 42 p.m
A true record, Attest
l '� Executive Clerk, Selectmen
86
SELECTMEN'S MEETING
December 12, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, at 7 00 p.m on Monday, Decem-
ber 12, 1977 Chairman Battin, Mr Bailey, Mr Busa, Mrs Miley and
Mr Kent; Mr Hutchinson, Town Manager (7 10); Mr Cohen, Town Counsel
(7 16); Mrs McCurdy, Executive Clerk, were present
Cary Hall- Chairman Battin read requests for the use of Cary Hall
Massport- Upon motion duly made and seconded, it was voted to grant permis-
Hanscom sion to the Massport Authority to conduct a public hearing on the draft
Master Plan of the Hanscom Field Master Plan in Cary Memorial Hall on January 10,
1978 from 7 30 p m to 11 00 p.m , subject to payment of the custodian's
fee
Cary Hall- Upon motion duly made and seconded, it was voted to grant permis-
IPutney sion for the use of Cary Memorial Hall on January 4, 1978 from 7 30
School p.m to 10 00 p m for a lecture by former Olympic Coach John Caldwell,
with movies and discussion on Cross County Skiing and Racing, to bene-
, fit the Putney School, Putney, Vermont, subject to payment of the
custodian's fee and, if deemed necessary by the Town Manager, a
Policeman's fee
Christmas Chairman Battin read a request for permission to sing Christmas
Carols - Carols in the Center
LHS Juniors Upon motion duly made and seconded, it was voted to grant per-
mission to the Junior Class Council of the High School to meet on the
Battle Green and sing Christmas Carols throughout the Center and
surrounding neighborhoods on December 20, 1977 at 6 30 p.m to benefit
the Globe Santa
Lease- Chairman Battin read a request from the Boston Edison Company to
Boston extend the lease with the Town of Lexington for a term of six months
Edison to June 30, 1978 on land situated off Hartwell Avenue, in the amount
Hartwell Ave of $1,500
Land Upon motion duly made and seconded, it was voted to extend the
lease with the Boston Edison Company for a term of six months expir-
ing June 30, 1978, on land situated off Hartwell Avenue, in the amount
of $1,500
Sewer Chairman Battin Read a request from Mr McSweeney, Director of
Abatement- Public Works/Engineering, to sign the Ricci abatement form
Ricci Upon motion duly made and seconded, it was voted to sign the
Waltham St abatement form for sewer betterment assessed to Louis, Joseph, Fred
and Charles Ricci, owners of Lot 5/15, Waltham Street, in the amount
of $932 16, in accordance with the vote of the Board of Selectmen on
August 22, 1977
87
Selectmen's Meeting December 12, 1977
Mr Hutchinson came into the meeting at 7 10 p.m
Mr Louis A Zehner, Town Treasurer, met with the Board to recom- Treasurer-
mend approval of borrowing $162,000 for the purchase of the Cosgrove Cosgrove Land
Conservation land as authorized under Article 43 of the 1977 Annual
Town Meeting Six bids were received by Mr Zehner, ranging from 2 93
percent to 3 45 percent, and he recommended approval of borrowing from
the New England Merchants National Bank at 2 93 percent
Upon motion duly made and seconded, it was voted to approve the Treasurer
recommendation of the Town Treasurer to borrow $162,000 from the New
England Merchants National Bank at 2 93 percent interest, notes to be
dated December 16, 1977 and mature on May 2, 1978
Mr Zehner retired from the meeting
Chairman Battin read applications for renewal of licenses for 1978 1978 Licenses
Common Victualler, Entertainment, Innkeeper, new application for an
Auctioneer's license
Upon motion duly made and seconded, it was voted to sign the fol-
lowing licenses expiring December 31, 1978
COMMON VICTUALLER HOURS Common
Alexander' s Pizza 10 00 a.m to 11 00 p.m 7 days Victualler
Baskin Robbins Store 1723 8 00 a.m to 12 00 Midnight 7 days
Minuteman Restaurant 6 00 a m to 10 00 p.m 7 days
Marno's Deli 6 00 a.m to 6 00 p.m 7 days
Christo's 6 00 a.m to 10 00 p.m 7 days
ENTERTAINMENT Entertainment
LeBellecour Restaurant String quartet two evenings per week
i1 1'a1.ENJ.Ni'tt
Lexington Chalet, Inc Innkeeper
Upon motion duly made and seconded, it was voted to sign an Auc- Auctioneer
tioneer's license for Mr Ronald Levy, 15 Bryant Road, expiring
March 31, 1978
Upon motion duly made and seconded, it was voted to approve the Minutes
minutes of the Selectmen's meeting held on November 7, 1977
Mr Cohen came into the meeting at 7 16 p.m
Mr Busa discussed a list of items in the Hancock School, such as Hancock School
stoves, water coolers, oil paintings, piano, text books, clocks in Material
every room which are considered by some as being antiques, 40 to 50
rifles, some from the civil war and others before that period Because
the building is in the custody of the Board of Selectmen, under the
II_
88
Selectmen's Meeting December 12, 1977
direction of the Town Manager, the Board is responsible and should make
a decision on the disposition of the material He suggested that cer-
tain items of interest to the Town be stored in Cary Hall or the Town
Office Building, and the remaining items be given to a Town agency to
conduct an auction later on
Mr Hutchinson agreed to submit a complete inventory to the Board
Items of interest to the Town will then be stored in Cary Hall and the
remaining material will be included in an auction to be held by a Town
agency
The Board agreed that Mr Busa is to oversee the project of the
material in the Hancock School
II Budgets- Mr Hutchinson submitted proposed expense and personal services
I Town budgets and updated Capital Expense budget summaries for discussion by
Manager the Board at a later date
Mr McSweeney came into the meeting
I No Lex Mr Hutchinson informed the Board that a report has been received
Pumping from Mr John McSweeney, Director of Public Works/Engineering, stating
' Station that sealed bids had been opened on November 23, 1977 from Fischer and
Chlorination Porter, in the amount of $3,695, and R E Erickson Company, Inc , in
System the amount of $4,660, for supplying a gas chlorinator for the North
Lexington Pumping Station to be installed as part of the contingency
plan in the event of a sewage overflow Mr McSweeney had met with
both companies to review the emergency overflow system with them and,
after careful consideration, he recommended the Wallace Tiernan V75V2
chlorinator offered by R E Erickson Company in the amount of $4,660
This bid includes the installation of equipment, a ten-tank manifold
system, and a day's start-up time and supervision of the system to
assist in the education of personnel in the Sewer Division Fisher's
bid did not include the manifold system Also, Mr McSweeney recommended
that the Appropriation Committee be notified that a transfer may be re-
quired to Account #5700-Sewer Maintenance in the amount of $4,660 be-
cause of this extraordinary and unforeseen request Mr Hutchinson
approved the recommendation
Upon motion duly made and seconded, it was voted to approve the
recommendations of the Director of Public Works/Engineering and the
Town Manager to award the contract to R. E. Erickson Company for the
installation of a Wallace and Tiernan V75V2 chlorinator, a ten-tank
manifold system, and a day's start-up time and supervision of the
system to assist in the education of Sewer Division personnel, in the
amount of $4,660
Cary Hall The Board agreed with Mr Hutchinson's recommendation to reserve
Forum on Cary Hall for a series of Forum on Aging meetings on April 19 and 26;
Aging May 3, 10, 17, 24 and 31, 1978
Flood Maps Mr Hutchinson informed the Board that the flood insurance maps
of Lexington had been sent to HUD and had been returned to him with
approval; they are compatible with the Town noting
89
Selectmen's Meeting December 12, 1977
The Board agreed with Mr Hutchinson's recommendation to meet No East
with a representative of the State Bureau of Solid Waste Disposal on Solid Waste
Monday, January 30, 1978 to discuss possible membership in the Committee
Northeast Solid Waste Committee, which would require an annual fee of
$200
Upon motion duly made and seconded, it was voted 5-0 by roll call Executive
vote to go into Executive Session, with no intention of resuming the Session
open meeting, for the purpose of discussing strategy with respect to
collective bargaining
After discussion concerning the fire department contract, it was
voted to go out of Executive Session
Upon motion duly made and seconded, it was voted to adjourn at
7 50 p.m.
A true record, Attest
1
Executive Clerk, Selectmen
9C0
SELECTMEN'S MEETING
December 19, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, December 19, 1977
at 7 30 p.m. Chairman Battin, Mr Bailey, Mr Busa, Mrs Miley and
Mr Kent; Mr Hutchinson, Town Manager, Mr Cohen, Town Counsel; Mrs
McCurdy, Executive Clerk, were present
Jurors At the request of the Town Clerk, the following jurors were drawn
Barbara Wachman 10 Diamond Road
Carl N Easton 130 Pleasant Street
George A Zwicker 94 Concord Avenue
Samuel Altschuler 27 Hathaway Road
Donna M Raimondi 60 Reed Street
Robert M Bowers 65 Follen Road
William G Ravanis 23 Webster Road
Nishan Haroian 353 Concord Avenue
Maria L Agraz 40 Cliffe Avenue
Douglas Martin Bille 21 Douglas Road
Liquor - Chairman Battin opened the hearing on the application submitted by
Lee Ann's Attorney Stephen Russian in behalf of Lee Ann McGrath, Manager of Lee
Restaurant Ann's Restaurant at 1720 Massachusetts Avenue for a Common Victualler
Hearing All Alcholic Beverages license
A legal notice of the hearing had been advertised in the Lexington
Minute-man issue of December 8, 1977, and copies of the notice had been
sent by registered mail by the petitioner to all abutters
Atty Russian submitted a list of abutters to whom notices had
been sent by registered mail He informed the Board that the corpora-
tion, which was recently formed, is comprised of members of the McGrath
family; Lee Ann is President and, in her individual capacity, is a
stockholder, and the other stockholders are her children; Lee Ann is
the children's guardian Lee Ann has been a resident of Lexington for
20 years and lives on Lincoln Terrace; she has some knowledge and
understanding about the food business, having studied it for the past year
and a half Her intention is to make the restaurant one of significant
repute and she has engaged the services of a well-known chef in Cambridge;
the quality of the food is to be of a high calibre, continental cuisine
Contractors have been engaged for rather significant renovations on
the walls, floors, kitchen, new furniture and furnishings It is going
to be a very clean restaurant, with the highest order of hygiene Lee
Ann cannot run a successful restaurant without a liquor license She has
a lease for the premises and the evidence is apparant that she is com-
mitted financially and emotionally to providing a good restaurant and
give good service to the citizens of the Town
Chairman Battin read a report from Mr Donald Irwin, Building Com-
91
Selectmen's Meeting December 19, 1977
missioner, stating that the proposed changes and alterations are of a
minor nature and would receive approval of his department upon appli-
cation of a building permit Also, a report from Police Chief Corr
gave a good character and financial report on Mrs Lee Ann McGrath
Attorney Russian requested the same hours of operation as approved
under the Battle Green license, 11 00 a.m to 12 00 Midnight, Monday
through Saturday and 1 00 p.m to 12 00 Midnight on Sundays; the
kitchen would be open during those hours
For the information of the Board, Mr Bailey pointed out that the
license under this application would be changed from an Innholder liquor
license to a Common Victualler liquor license Atty Russian added
that renovations would not be completed until February but he hoped that
the Board would approve the license as of January 1, 1978
No one appearing in favor or in opposition, Chairman Battin de-
clared the hearing closed
Upon motion duly made and seconded, it was voted to approve the
application for an All Alcoholic Beverages Common Victualler license for
Lee Ann's Restaurant, Inc , Lee Ann McGrath, Manager, 1720 Massachu-
setts Avenue, with hours of operation on Monday through Saturday,
11 00 a.m to 12 00 Midnight and Sundays 1 00 p.m to 12 00 Midnight,
as long as the dining room is open but not later than 12 00 Midnight,
subject to final approval of the Building Inspector and the Health
Director
Approval of the Alcoholic Beverages Control Commission is to be
requested
Atty Russian retired from the meeting
Mr Temple Scanlon, Director of the Housing Authority, met with Scattered
Board to discuss scattered sites lots throughout the Town Sites -
Chairman Battin read a letter from Mr and Mrs John Yasaitis Housing
expressing concern about three lots proposed for development for Authority
low and moderate income scattered sites housing in the Earl Street/
Garfield Street area
Mr Scanlon said that he had met with Mr. and Mrs Yasaitis and
had explained the proposed program to them From the list of Town-
owned lots, 25 lots had been selectelfor the proposed scattered sites
program, and these lots were now being investigated as buildable lots
When investigations are completed, a list of acceptable lots will then
be submitted to the Selectmen for approval
The Board agreed to arrange a meeting with the Housing Authority
as soon as all information has been compiled and the report completed
on scattered sites lots All citizens who have expressed their concern
to the Board will be invited to this meeting
Mr Scanlon retired from the meeting
Chairman Battin read a letter of resignation from Mr Albert P Zabin MAPC
as Lexington's representative on the Metropolitan Area Planning Council Represent
In his letter, Mr Zabin suggested the creation of a system of better
92
Selectmen's Meeting December 19, 1977
111
communication between the MAPC representative and interrelated Town
agencies
Upon motion duly made and seconded, it was voted to accept with
regret the resignation of Mr Albert P Zabin as Lexington's representa-
tive on the Metropolitan Area Planning Council
The Board agreed to forward future MAPC correspondence to the Con-
servation Commission, Planning Board, Housing Authority, Transportation
Advisory Committee, Regional Refuse Advisory Committee and the Sewer
Advisory Committee for their attention and possible participation in
planned MAPC projects Also, these committees are to be requested to
submit a nominee for consideration by the Board for appointment as
Lexington's representative on MAPC
Certificate Chairman Battin read a request for approval of mailing address for
of Incorpora a Certificate of Incorporation
Upon motion duly made and seconded, it was voted to approve the
location at the Lexington Lodge of Elks, 959 Waltham Street, as a mail
drop for the United Fly Tyers, Inc
Traffic- Chairman Battin read a report from the Traffic Safety Committee
Mass Ave concerning traffic conditions at the interesection of Mass Avenue and
Maple St Maple Street Mr Grace Thomson of Bedford had written to the Board
asking for consideration of the installation of a traffic signal at this
intersection and, if this was not feasible, perhaps a pedestrian button
could be installed on the signals at the fire station at Mass Avenue
and Locust Avenue On November 28, the Board discussed a report from
the committee, recommending that the request be denied as warrants were
not met at the Maple Street intersection The Board agreed to refer
the matter back to the committee for a complete evaluation of the area,
including the fire station signal and crosswalks The latest report
stated that a study of the number of pedestrians crossing at the fire
station was very small and it would not be possible to receive approval
of the State D P W for a pedestrian push-button on the traffic signal
It was pointed out that there is a painted crosswalk at the Maple Street
intersection The Traffic Safety Committee again recommended that the
request be denied
The Board agreed to accept the recommendation subject to conditions
Upon motion duly made and seconded, it was voted to accept the recom-
mendation of the Traffic Safety Committee to deny the request of Mrs
Grace Thomson for the installation of a traffic signal at Mass Avenue
and Maple Street and the possibility of a pedestrian button being in-
stalled on the traffic signals at the fire station, with the understand-
ing that the Town Manager is to work with the Police Department, the Public
Works/Engineering Department and the Traffic Safety Committee to ensure
the safety of pedestrians by conducting a campaign to educate motorists
that, by State statute, a pedestrian within a crosswalk has the right of
way, and to request enforcement by the Police Department Also, to re-
quest the Public Works Department to keep all crosswalks freshly painted,
weather permitting
93
Selectmen's Meeting December 19, 1977
Mr James Wood, Lexington Coordinator of the Initiative Petition Mr Wood-
Drive on Compulsory and Binding Arbitration, met with the Board to sub- Initiative
mit a final report "On September 26, 1977, the Lexington Selectmen Petition
authorized an Initiative Petition Drive which would have amended the Drive -
compulsory arbitration law by providing for local voter approval of
any arbitration award made to municipal firefighters and police officers
This drive was part of a statewide program involving all cities and towns
in the Commonwealth Support for this drive in Lexington was broad
based and included all Selectmen, the Appropriation Committee, Town
Manager and Town Meeting members as individuals In all, 1326 sig-
natures were collected over a six week period which officially ended
on November 3, 1977 Seventy persons participated actively in this
drive circulating a total of 41 petitions The strength of this drive,
I believe, emphasizes the desire of the majority of Lexington residents
to have local control over their own fiscal affairs and against un-
funded state mandated programs Results from this statewide initiative
program were fast and rewarding Negotiators for the municipal fire-
fighters and police along with Massachusetts Legislators recognized
the need for more balance and fairness than existing legislation provided
for This resulted in legislation which was signed into law on November
15, 1977 This new law which is effective January 1, 1978 will en-
courage good faith bargaining and preclude going directly into a bind-
' ing arbitration situation In concluding, I would like to thank the
Lexington Selectmen for their unswerving support and all others who gave
of their time to make this effort a success "
Chairman Battin thanked Mr Wood for doing such an impressive job
The Board agreed that Mrs Battin is to submit all signed petitions to
the Mass League of Cities and Towns Mr Wood retired from the meeting
Chairman Battin read applications for renewal of licenses for 1978 1978 Common
Upon motion duly made and seconded, it was voted to sign the Carrier
Common Carrier licenses, expiring December 31, 1978, for the follow- Licenses
ing Bedford Local Transit, 16 South Road, Bedford; Hudson Bus Lines,
70 Union Street, Medford; Pierce Transit Co , Inc , 441 Textile Avenue,
Dracut
Upon motion duly made and seconded, it was voted to sign the Com- Common
mon Victualler license, expiring January 1, 1979, for the following Victualler
Lexingtop Toyota Motor Sales, U S A , Inc , 409 Mass Avenue
Rowe Chevrolet, Inc , 33 Bedford Street
Upon motion duly made and seconded, it was voted to sign the Class
I Motor Vehicle license, expiring January 1, 1978, and a renewal li-
cense expiring January 1, 1979, for Rowe Chevrolet, Inc , formerly
Hurlburt Buick-Opel, 1668 Massachusetts Avenue
Chairman Battin read requests for approval of new Managers
94
Selectmen's Meeting December 19, 1977
Liquor-Mgr Upon motion duly made and seconded, it was voted to approve Mr
Sheraton Stephen G J Henry as the new Manager of the Sheraton-Lexington
Lex Inn Motor Inn, under the Innholder All Alcoholic Beverages license ex-
piring December 31, 1978
Elks Club Upon motion duly made and seconded, it was voted to approve Mr
Manager Robert Powderly as the new Manager of the Lexington Lodge #2204 under
the Club All Alcoholic Beverages license expiring December 31, 1978
Approval of the Alcoholic Beverages Control Commission is to be
requested for Mr Henry and Mr Powderly
Lodging Chairman Battin read reports from Mr Smith, Director of Public
House Health, and Mr Kelley, Building Inspector, concerning the application
License of Dr Bernard Yudowitz for a lodging house license for Wild Acre Inn
at 50 Percy Road Mr Smith reported minor violations in the general
housing and kitchen areas, and no health hazard condition was found
due to the system having been pumped recently He noted that a sewer
connection may be forthcoming when the weather permits and the recom-
mendation was to renew the lodging house license contingent upon a
connection to the municipal sewer system
Mr Kelley cited four violations concerning removal of smoke de-
tectors, non-operating emergency light, repairs to the roof as an escape
route, and needed repairs to the porch
After discussion, the Board agreed to renew the license for a
30-day period, pending correction of all violations
Upon motion duly made and seconded, it was voted to renew the
Lodging House license for the Wild Acre Inn at 50 Percy Road until
January 31, 1978, subject to correction of violations and further
inspections at the end of the 30-day period
Sewer The Board agreed to Mr Hutchinson's recommendation to table dis-
Patricia cussion on a letter to be sent to the Town of Arlington concerning the
Terrace installation of a sewer on Patricia Terrace
Insurance Mr Hutchinson requested approval of a list of insurance agents
Agents' who would participate in commissions on the Town's insurance
Commission Upon motion duly made and seconded, it was voted to approve the
following list of agents to participate in the commissions on the Town
of Lexington's insurance schedule, in the amount of $325 00, each
W Dana Bartlett Insurance Agency of Lexington, Inc
11 Muzzey Street, Lexington
MacNeil Insurance Agency, Inc
19 Depot Square, Lexington
Otis S Brown Insurance Agency
One Militia Drive, Lexington
Northwest Insurance Agency, Inc
1709 Massachusetts Avenue, Lexington
95
111 Selectmen' s Meeting December 19, 1977
Chairman Battin read a request from Mr Alan Greene for the use Cary Hall
of Estabrook Hall on February 28 through March 3, 1978 for a course in
Microprocessors to be sponsored by the Institute of Electrical Engineers
The Board agreed that Cary Hall is not to be used for a business-
type operation and requested that further information be submitted on
the request
Upon motion duly made and seconded, it was voted to table the IEE
request to use Estabrook Hall, pending a report from the Town Manager
The Board discussed street lights and no action was taken on the Street
possibility of replacing incandescent lights with mercury vapor lights Lights
Mr Hutchinson said that the Town Manager's hearing on the proposed Revenue
use of revenue sharing funds was held this evening at 7 00 p.m. He Sharing
will submit to the Board a summary of comments made; they were geared Funds
to senior citizen concerns and human services concerns The suggestion
as made that the process begin for the site location and design on the
senior citizen community center, and there were other requests for a
multi-purpose community center A requirement is that senior citizens
be notified of hearings on revenue sharing funds and they were informed
that the Selectmen's hearing will be held at a later date During the
budget process, the Selectmen should propose the use of some of the funds ,
and administrative recommendations would be given based upon the comments
at the Manager's hearing
Mr Hutchinson said that he had filed the operating budget with Manager's
the Board of Selectmen Operating
Budget
Upon motion duly made and seconded, it was voted 5-0 by roll call
vote to go into Executive Session, with the intention of resuming the
open meeting, for the purpose of discussing strategy with respect to Executive
collective bargaining, litigation, and a matter concerning personal Session
reputation
After discussion, it was voted to go out of Executive Session
and resume the open meeting
Mr Hutchinson recommended that the request from Mrs Vivian Costello
Costello for a connection to the town sewer system to service Lot 24, Sewer Request
Map 90, Morris Street, be denied Mrs Costello had asked that her
case be considered as a hardship exemption under the present sewer
moratorium to be in effect until May 1, 1978
Upon motion duly made and seconded, it was voted to accept the
recommendation of the Town Manager to deny Mrs Vivian Costello's
request for a sewer connection to service Lot 24, Map 90, Morris Street
Mr Busa recommended that the Board discuss the sewer moratorium Sewer
on or before May 1, 1978 Moratorium
Upon motion duly made and seconded, it was voted to discuss the
96
Selectmen's Meeting December 19, 1977
Costello Mr Hutchinson recommended that the request from Mrs Vivian Costello
Sewer for a connection to the town sewer system to service Lot 24, map 90,
Request Morris Street, be denied Mrs Costello had asked that her case be
considered as a hardship exemption under the present sewer moratorium
to be in effect until May 1, 1978
Sewer Mr Busa recommended that the Board discuss the sewer moratorium
Moratorium on or before May 1, 1978
Upon motion duly made and seconded, it was voted to discuss the
lifting of the sewer moratorium at a Selectmen's meeting held on or
before May 1, 1978
Manager's Mr Hutchinson gave a brief overview of the proposed budget of
Operating $28,859,014, which would necessitate a proposed tax rate of $89 96,
Budget and increase of $1 56 over last year's rate Frankly, he felt that
Proposal the rate would go up because of some of the assumptions that were
utilized in the preparation of the budgets; namely, the School Com-
mittee budget would remain at existing levels - this was only an
assumption, and he did not have figures now as they are negotiating
on matters on policy decisions Also, estimated borrowing for sewers,
policy matters on handling garbage He said that the Board might want
to consider some contribution towards the funding of the $12 5 million
pension liability The biggest problem areas in general government
are in the expense area where there had been some growth geared to un-
controllables, insurance costs, debt increases, unemployment compen-
sation insurance, and the normal growth in the payroll based upon
concluded bargaining setttlements and any anticipated settlements for
next year Now, the only outstanding collective bargaining agreement
would be the public works union and salaried employees He had received
today an anticipated increase in the Minuteman School budget, which is
a preliminary type figure Also, the Police Chief will need a $4,000
increase in his budget for a computer terminal which is tied into their
information reporting The hope is that this budget does reflect some
attempt at tax stabilization but there are still some dramatic costs
within that One of the items we will be considering is where we are
going on capital improvements He did not recommend too much, zero in
certain areas In fairness, he did not want to do this too often on a
year to year basis as eventually we will have to get into some type
of street construction program The Selectmen/Town Manager Act re-
quires that the Manager give the Board of Selectmen an estimated tax
rate and, basically, this $1 56 increase reflects the impact of this
particular proposal
Mr Busa said that he could see areas where the budget could be
cut It is up 10 percent and it is unfair to tell citizens and Town
Meeting that we are only anticipating $1 56 increase The School
budget may be higher and also the Minuteman School budget, and we can't
predict now that $1 56 is going to fly
Mr Hutchinson agreed and said that we will have escalating costs
97
Selectmen's Meeting December 19, 1977
that will force us up but at least now we are thinking in terms of a
minimal increase
Mr Hutchinson said that the firefighters had asked him to bring Fire-
up the subject that the Board had reviewed their contract and approved fighters'
it concerning wages and compensation, and manning levels have been Contract
approved by the Board subject to approval of Town Meeting
Chairman Battin said that the Board of Selectmen acknowledges that
fact
A representative of the fire department was present and said that
Lexington is the first town to successfully change minimum manning
from a per shift basis to a per piece basis by collective bargaining
without the use of factfinding This makes us very happy It makes
a good package and we are very pleased with it, and we are looking
forward to signing the contract tomorrow
Chairman Battin said that it speaks well for both sides
Mr John McSweeney met with the Board D P W Budget
Mr Hutchinson discussed the proposed $2 million sewer bonding
and said that he would like to take a presentation to Town Meeting
showing the remaining areas in town to be serviced over the next
3 to 5 years, and asking for the capability to spend up to $2 million
without necessarily having to come back for approval each year We
should maximize the opportunity of taking advantage of lumping a
number of contracts together
After lengthy discussion, the Board agreed to request a written
report from the Sewer Advisory Committee and to arrange a joint meeting
to discuss the recommendations contained therein
Streets for acceptance were discussed and it was agreed to have
three articles for Cushing Street, Banks Avenue and Tucker Avenue, to
hold street hearings, and present them for approval of Town Meeting
Other items were - Road Machinery-$130,000; Westview Cemetery-
$100,000, reduced from $130,000, Maintenance and Conservation Fund-
$10,000; Comprehensive Drainage Study-$35,000; Inflow-Infiltration
Study-$225,000; Central District Plan-$5,000; Center Pool-$700,000
but the Permanent Building Committee is working hard to bring this
figure down; Property Revaluation-$15,000
The Board agreed to meet with the Recreation Committee on the
bicycle plan and lighting
Upon motion duly made and seconded, it was voted to adjourn at
10 30 p.m
A true record, Attest
2)1 rhC
J
Executive Clerk, Selectmen