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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