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HomeMy WebLinkAbout1978 98 SELECTMEN'S MEETING January 3, 1978 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Tuesday, January 3, 1978, at 7 30 p m. Chairman Battin, Mr Bailey, Mr Busa and Mrs Miley; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs McCurdy, Execu- tive Clerk, were present 1978 Chairman Battin read applications for renewal of licenses for Licenses 1978 Upon motion duly made and seconded, it was voted to sign the following licenses expiring December 31, 1978 Common Carrier Birmingham Bus Service, Milford. Innholder W H H Inc d/b/a Battle Green Inn Class I Auto Lawless Mawhinney, Inc ; Auto Engineering, Inc Class III Auto John P Carroll Co , Inc Appt. Chairman Battin read a recommendation from Mr William R. Page to appoint Mr Hugh Kent as student representative on the Lexington Forum on Aging Upon motion duly made and seconded, it was voted to appoint Mr Hugh Kent as student representative on the Lexington Forum on Aging Committee Governor's Chairman Battin read a letter from the Governor's office regarding Town Meet an open Town Meeting on Wednesday, January 11, in Cary Memorial Hall Cary Hall Governor Dukakis will meet with the residents of Lexington and Concord in open forum to answer questions and listen to their concerns Upon motion duly made and seconded, it was voted to approve the use of Cary Memorial Hall for the Governor's Open Town Meeting on January 11, 1978 Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meeting held on November 14, 1977 Middlesex For the information of the Board, Chairman Battin said that the County Middlesex County budget, which the Middlesex County Advisory Board Budget tried to cut by $6-800,000, was voted by the legislature at the full amount Governor Dukakis planned to veto it today but due to pressure by the House leadership, she did not know the outcome Over the week- end, officers of the Middlesex County Selectmen's Association had tele- phoned all Chairman of the Boards of Selectmen in Middlesex County to urge them to contact their representatives Mrs Miley said that she was appalled at the increase in the bud- get including forty new positions, thirteen of which were with the Commissioners and twenty-seven with the Committee and County 99 Selectmen's Meeting January 3, 1978 Mr Hutchinson discussed a policy concerning Town vehicles, which Vehicle Policy he had filed previously with the Board, and after questions raised by Mr Busa it was agreed to consider clarification of the policy concern- ing the use of vehicles by daytime personnel and a decision of the Board will be made at the next meeting Mr Hutchinson informed the Board that the Senior Citizens Club is Senior Ctzns working with the Council on Aging regarding Revenue Sharing funds Rev Shar Mr Hutchinson requested approval of the Board for transfers to Transfers the Planning Board and Police and Fire Medical Account. Planning Board Upon motion duly made and seconded, it was voted to request the Fire & Police approval of the Appropriation Committee for transfers from the Reserve Medical Fund to the following accounts Planning Board Account #1650 in the amount of $1,825 50; Fire and Police Medical Account #1125, in the amount of $7,800 Mr Hutchinson recommended that the Selectmen's hearing on Revenue Revenue Sharing Funds be held on January 23 He reported that the Town Mena- Sharing Funds ger's hearing had been held on December 19 at 7 00 p.m. and it is anticipated that $550,000 would be received by the Town this year Appropriate interest groups were notified of the hearing and eleven citizens, including representatives of the Council on Aging, the Senior Citizens Club, and the Ad hoc Human Services Committee, were present Mr Tropeano had requested that the Town fund recreation activities of their group with these monies Mrs Davison of the Human Services Committee asked that specific consideration be given to (1) A multi-purpose community center for all age groups (young and old) ; (2) Emergency center for troubled adolescents (runaways) ; (3) Emergency assistance for the elderly; (4) Survey for better identifying needs of elderly people; (5) financial counseling service for the el- derly; (6) Future hiring of human services coordinator Professor Weinstein of the Council on Aging did not support a multi-purpose cen- ter but recommended a separate senior citizens center, and the Town should move forward on a location for a building Mr Hutchinson said that he had received correspondence from the Council on Aging, Senior Citizens Club, American Association of Retired People and the Jewish Leisure Group in support of a senior center The Board agreed to schedule the Selectmen's hearing on Revenue Sharing funds at the Selectmen's meeting on January 23 at 7 30 p.m. The Board also agreed to schedule a meeting with the State Bureau of Solid Waste on Monday, January 30 Chief Corr met with the Board to discuss the Police operating bud- Police Account get, which had increased from $135,325 to $140,525 since originally #3800 submitted $1,000 had been added to line item 525, new total of $34,500, for the purchase of a motor vehicle $4,200 had been added 100 Selectmen's Meeting January 3, 1978 a to 315, total of $15,200, for the teletype system Chief a Corr explained that he had received a call from the state notifying him to be prepared for $4,000+ increase in our teletype budget as the regional communica- tions system is being updated by the addition of a computer readout This would give the state and various police department a more sophisti- cated system of receiving information The teletype system is a most important part of our system Police Radio Chief Corr informed the Board that a major expenditure in the police System radio system is forthcoming He had received a call from the Newton Proposal Police Department, whose headquarters is the basis of the upgrading of the Boston area police radio network, regarding a furthering of what is called the inter-city radio connecting 26 cities and towns from headquarters to headquarters If a communication were received from one police department to another, it was not possible to communicate from one police car to another if, for example, they were involved in a bank robbery and wanted to talk with a police car in another town; the only way it could be done was to go back to headquarters The original grant for the system came from the Law Enforcement Assistance and about three years ago they gave approximately one-half the cost to 26 police departments to put this radio network in place and it has just gone into the operational status The people who started it are looking to expand it to police departments outside the original team and, for it to be effective, they are going to invite, perhaps, all the cities and town in the north shore district Lexington is a peri- meter town and we are the next one in line on the north shore We received the official request to join at $70-80,000 Chief Corr did not think it fair to place a burden on the police budget at this time, particularly after the capital expense budget had been presented for this year, but he suggested that we ought to start looking at it but not come in with a figure for a year or two To have this system to be able to communicate from car to car would be the ultimate in a radio system. It would be a one-shot expenditure of approximately $80,000, and the present figure of $2,300 in the maintenance line item would not change too much Mr Hutchinson pointed out that the original cities and towns re- ceived the LEA grant but Lexington would not receive assistance Parking Parking Meter Account #3900 was discussed but no action was taken Meters on the figure of $7,550, which included conversion of parking meter heads for an increase in parking time to - 5 for 30 minutes; 10for 1 hour; 25c for 2 hours Also, metering the Cary Library parking lot Chief Corr retired from the meeting 'Budget Fire Chief Bergeron met with the Board to discuss the fire department Department budget, submitted at $74,225 but the Town Manager recommended $71,475 by cutting line item 257-lumber and wood products from $3,000 to $250 The amount was requested to provide for a classroom but Mr Hutchinson felt that existing areas could be utilized Increases included $5,000 101 Selectmen's Meeting January 3, 1978 for a new van for the fire prevention officer; a 1972 pickup truck would be transferred to the public works department Also, $6,000 for a new main radio console to allow handicapped persons to efficiently operate the communication center, and the replacement of an old mobile radio Mr Coscia and Mr Empey met with the Board to discuss the Public DPW Budget Works budgets Account #5000--Director of DPW/Engineering, $9,900 Account #5150--Engineering Division, $6,050 Account #5250--Maintenance of Town Office Building and Cary Memorial Building, submitted at $171,700 and reduced by the Town Manager to $148,200 Account #5400--Highway Maintenance, submitted at $123,600 and re- duced by the Town Manager to $68,800 Major reduction areas were, $30,000 for resurfacing, and $22,700 for sidewalk maintenance Account #5450--Road Machinery, submitted $165,450 and reduced by the Town Manager to $145,300 Major reduction areas were, $13,650 in automotive repairs; $5,000 for gas and oil; $1,500 for small tools Account #5500--Snow Removal, submitted at $132,650 and reduced by the Town Manager to $110,650 $22,000 reduction for hired equipment for snowplowing. Account #5550--Traffic Regulation Street Signs, $23,500 Account #5600--Street Lights, submitted $258,750 and reduced by the Town Manager to $215,000 as his estimated figure on rate increases Account #5700-Sewer Maintenance, $58,900 Account #5800--Garbage Collection, submitted at $78,000 and reduced by the Town Manager to 0 Mr Hutchinson recommended the elimination of garbage collection, subject to the Board instituting the proper regulations to allow garbage to brought to the landfill to be buried by the landfill operators The Board agreed to consider this proposal and make a decision at next Monday's meeting Account #5850--Sanitary Landfill, submitted at $103,750 and in- creased by the Town Manager to $118,750 to allow for additional fill Account #5900--Water Maintenance, submitted at $68,300 and reduced by the Town Manager to $48,300 $20,000 reduction in the request to replace water meters Account #6000--Park Division, submitted at $48,800 and reduced by the Town Manager to $40,050 The figure to update the playfields is to be $6,250 Account #6050--Insect Suppression, $10,500 Information from last year's discussions is to be given to Mrs Miley before a final decision is made by the Board Account #6100--Shade Tree Division, $9,600 Account #6150--Dutch Elm Division, $4,200 Account #6400--Cemetery Division, $10,800. Mr Coscia and Mr Empey retired from the meeting Mr Hutchinson agreed to submit additional information on the fire department console radio, vandalism at the DPW building, garbage collec- tion, and insect suppression 102 Selectmen's Meeting January 3, 1978 Hancock Mr Busa discussed the list of materials remaining in the Hancock School School All items that the Town has been interested in having been Material removed and stored in the Town Office Building, the public works' build- ing, and one desk sent to the fire department, and it is recommended that all other articles be given to the School Committee for an auction being planned in the spring to dispose of unwanted school property. Upon motion duly made and seconded, it was voted to return all of the material remaining in the Hancock School to the School Department Upon motion duly made and seconded, it was voted to adjourn at 10 00 p m. A true record, Attest ` ?)? C Nva ,� (� Executive Clerk, Selectmen 1 103 SPECIAL SET,FCTMEN'S MEETING January 5, 1978 A special meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Thursday, January 5, 1978, at 7 30 p.m Chairman Battin, Mr Busa and Mrs Miley, Mr Hutchinson, Town Manager; Mrs McCurdy, Executive Clerk, were present Mr Donald White, Chairman of the Appropriation Committee, and Mr Richard Perry, Ex-officio member, met with the Board for a pre- liminary discussion of the FY 79 operating budgets (except Police, Fire and D P W ) , and the following comments were made on some budgets Mr Hutchinson said that he had met with the Senior Citizens Account #2380- Club and the Council on Aging to review some of their concerns Council on and the Senior Citizens' request for an additional $6,000 As a Aging - result, Mr Hutchinson recommended that the Senior Citizens work Senior Citizens under the aegis of the Council on Aging, and he has added $3,000 rather than $6,000 to Account #2380 for bus trips and social activities of the Senior Citizens, total changed from $21,220 to $24,220 Chairman Battin supported the additional $3,000 in Account #2380 and Mr Busa and Mrs Miley agreed, with the understanding that a hard look be taken at the Human Services and Town Celebra- tions' budgets to see if this sum could be obtained by a reduc- tion of those budgets Account #1050-Selectmen's Expenses Selectmen agreed to re- view membership fees for Mass Selectmen's Association and the Mass League of Cities and Towns Account #1065-Town Manager's Expenses Mr Hutchinson to review advertising and recruitment expenses Account #1080-Office Furniture & Fixtures Mr Hutchinson to review possible requests for additional or replacement of furniture Account #1090-Professional Services Mr Hutchinson to re- view the need for studies for $2,000 for Hanscom Task Force Account #1775-Legal Fees and Account #1800-Legal Expenses Mr Hutchinson to provide the Appropriation Committee with information on breakdown of Town Counsel's services and expenses Account #2380-Council on Aging Mr Hutchinson to obtain information on meals on wheels 104 Special Selectmen's Meeting January 5, 1978 Account #2400-Town Celebrations Committee Town Celebrations Committee to meet with the Board to discuss increased bud- 1 get request Account #2525-Treasurer/Tax Collector Mr Hutchinson to provide the Appropriation Committee with justification of $13,000 for computer terminal Accounts #3310-MVMH #3320-Tri-Community; #3330-Community Services Meeting scheduled to meet with the Board of Health on March 12 to discuss a breakdown of services provided Account #7550-Library Library Director to meet with the Board at a later date The Board agreed to a joint meeting with the Appropriation Committee on January 16 Mr White requested documentation of questionable items and Mr Hutchinson agreed to compile the necessary information Meetings of the Board are to be scheduled on Mondays and Thurs- days for further budget discussion Upon motion duly made and seconded, it was voted to adjourn at 9 50 p.m A true record, Attest Executive Clerk, Selectmen 105 SELECTMEN'S MEETING January 9, 1978 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, January 9, 1978 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 Mr Hutchinson recommended that the Board approve transfers in '77 Art 5 the total amount of $222,754 from Article 5 to Personal Services Transfers- Accounts He informed the Board that even though we did not pro- Pers Sery vide funds for the fire department settlement, we still fall within the $240,000 appropriated by the 1977 Annual Town Meeting, plus $4,602 anti-recession (federal) funds, total of $244,602 We have been carrying vacancies in the fire department and, with the remaining $21,000, we are still looking at fire overtime All collective bargaining agreements have been concluded and salary in- creases have been granted and instituted in all areas, and this is the money needed to finish the fiscal year Upon motion duly made and seconded, it was voted to approve the Town Manager's recommendation to transfer the following amounts from Article 5 to Personal Services accounts, as authorized by the 1977 Annual Town Meeting Acct Personal Transfer from No Account - Services Art 5, 1977 1000 Selectmen $ 2,257 1060 Town Manager 2,900 1075 Clerical Pool 401 1150 Town Clerk 2,257 1500 Board of Appeals 520 1600 Planning Board 1,369 2500 Treasurer & Collector 3,860 2800 Comptroller 4,668 2950 Assessors 1,763 3250 Health 2,145 3500 Animal Control 680 3760 Police - Management & Staff 10,872 3770 Police - Coll Bargaining Unit 68,420 4120 Fire - Coll Bargaining Unit 35,930 4450 Inspection 8,082 4900 DPW - Coll Bargaining Unit 29,740 4950 DPW - Management & Staff 11,020 5100 Engineering 8,531 5200 T 0 B - Maintenance 3,151 7100 Veterans Benefits - P S 427 7500 Library 13,261 7825 Non-Cont Ret Pension Fund 10,500 $222,754 loo Selectmen's Meeting January 9, 1978 Intent to The Board briefly discussed Mr McSweeney's recommendation to Lay out vote the intent to lay out three streets and to hold street hearings Streets on February 9 Upon motion duly made and seconded, the Board voted the intent to lay out the following streets, and to sign notices to the Con- stable to deliver to each abutter a copy of the vote of the Board's intention, including a notice that street hearings would be held in Cary Hall on February 8, 1978 Banks Avenue 800'+ from Chase Avenue to Carville Avenue Cushing Street )425'+ from Sullivan Street to end Tucker Avenue 175'+ from Chase Avenue to Tarbell Town Chairman Battin read a recommendation from the Executive Board of Meeting the Town Meeting Members Association that sessions of the 1978 Annual Nights Town Meeting be scheduled on Mondays and Thursdays The Board agreed to request that the entire T M M A membership be polled for an opinion on changing from Wednesdays to Thursdays Muzzey Chairman Battin read a recommendation from the Traffic Safety Traffic Committee relative to a request from Mr Leonard DiFranco for approval Sign of a project for Junior High students to erect metric speed limit Project signs and elevation markers on Massachusetts Avenue The report stated that the Engineering Division had contacted the Mass D P W and was informed that the policy is not to permit such signs as they create confusion in motorists Also, Mr DiFranco had requested that metric signs be placed below our standard signs and this is not possible as the height is specified in the Manual on Traffic Control Devices in order to prevent injuries to pedestrians, cyclists, etc , and this would make it impossible to mount any metric or other signs below our existing signs Upon motion duly made and seconded, it was voted to accept the recommendation to deny the request for the Muzzey Junior High School students to erect metric speed limit signs on Massachusetts Avenue The Board agreed that Mr Hutchinson is to follow up on Mr Bailey's suggestion of investigating an alternative project for the students Traffic- Chairman Battin read a report from the Traffic Safety Committee Bridge relative to a letter from Mrs Eileen Sussman expressing her concern Schonl Area about traffic in the Bridge School area The report stated that the Engineering Division had investigated the area and arrangements are being made to install a "school" sign; also the Tree Division will trim any limbs or bushes obstructing vision near crosswalks The Board agreed that Public Works is to schedule the approved projects in the Bridge School area In response to a request from the Planning Board, the Board to 107 Selectmen's Meeting January 9, 1978 schedule a joint meeting in February to discuss zoning enforcement, Planning Board the Board of Appeals will also be invited to attend Zoning Enforcement The Board agreed to accept an invitation from the Chelmsford Chelmsford Board of Selectmen to attend a joint meeting of Boards of Selectmen/ Jt Meeting City Councillors in the 5th Senatorial District and Senator Amick to discuss litigation and mutual problems Chairman Battin read request for the use of Estabrook Hall and Cary Hall Cary Hall Requests Upon motion duly made and seconded, it was voted to grant permis- sion to the Citizens for Lexington Conservation to use Estabrook Hall on January 25, 1978 from 7 30 p m to 10 30 p.m subject to payment of the custodian's fee The Board agreed to request the New England Sacred Harp Sing organization for more information on the proposal to conduct group singing sessions on September 30, 1978 from 9 00 a.m to 3 00 p m in Cary Hall Mr Bailey suggested that the group be asked to con- sider one of the local churches as a more appropriate place for their purposes The Board discussed the request from Mr Paul Ciano, Visual Arts Coordinator of Lexington High School, for the use of Cary Hall on May 21, 1979 through May 25, 1979 for comprehensive art exhibits Be- cause the dates are so far into the future, it was agreed to inform Mr Ciano that the reservation would be held open and he is to co- ordinate his plans with the Town Manager and come back to the Board later on in the year Mr McSweeney came into the meeting The Board briefly discussed the elimination of garbage pick-up Garbage throughout the Town and it was agreed that Mr Hutchinson is to come Pick-up back next week with additional information Mr Hutchinson read a recommendation from Mr McSweeney, Direc- Sewer - tor of Public Works/Engineering, that the Board approve a draft of Patricia a letter to be sent to the Town of Arlington regarding Lexington's Terrace/ proposal to install a sanitary sewer in Patricia Terrace, Lexington Town of Mr McSweeney explained that this connection to the Arlington Arlington sewer system would benefit six homes Our Engineering Division has been in contact with the Arlington Engineering Division and we are in the process of meeting their requirements as to plans, etc The Town of Arlington must include an Article in its Warrant to give the Board of Selectmen authority to enter into an agreement with Lexington in order to allow us to construct the sewer Our 1976 Annual Town Meeting Article authorizes the Town of Lexington to proceed once the Town of Arlington has an approved Article Upon motion duly made and seconded, it was voted to authorize 108 Selectmen's Meeting January 9, 1978 Chairman Battin to sign the following letter to be sent to the Arlington Board of Selectmen "Mr Robert Walsh, Chairman, Board of Selectmen, Town Hall, Arlington, Mass Dear Mr Walsh. Reference is made to your letter of November 19, 1975 approving, in concept, our request concerning the installation of sanitary sewer on Patricia Terrace, Lexington Flease be advised that at its meeting of January 9, 1978, the Lexington Board of Select- men voted to approve the following, as outlined in your aforementioned letter 1 The Town of Lexington will assume the costs of all legal documents and easement takings 2 The Town of Lexington would assume a proportional cost of the operation of the Reed Street pump 3 If any new sewer taxes are instituted Townwide, the Town of Lexington agrees that they will also be a part of the new agreement Your cooperation and consideration in this matter is greatly appreciated " S 1901 Mrs Miley informed the Board that Governor Dukakis has until Jan- Middlesex uary 11 to either sign or veto Senate Bill 1901, which would allow County mayors to appoint designees to the Middlesex County Advisory Board Adv Bd Chairman of the Boards of Selectmen may appoint designees and, in her Mayoral opinion, the reason why the Board is ineffective is because of the Designees difficulty in getting a quorum at meetings because, although mayors may send representatives, they do not have the power of a vote Upon motion duly made and seconded, it was voted to urge Governor Dukakis to sign Senate Bill 1901 Chairman Battin recommended that members of the Board attend the Middlesex County Selectmen's meeting on February 9 to discuss the County budget Jury List Mr Hutchinson agreed to have representation at the meeting on January 11 with the new Jury Commissioner regarding the implementation of a different method of compiling the list of jurors to be drawn in Middlesex County Recreation Mrs Judy Uhrig, Chairman, and members of the Recreation Committee Committee met with the Board for an informational discussion on articles on Articles lighting four additional tennis courts at the Center playground at $15,000 and the bicycle paths Tennis Mr Hutchinson said that, at this time, he was not recommending Courts tennis lighting and bike paths to the Board No decisions would be made this evening as this meeting with the Recreation Committee is just for the information of the Board, and more details would be submitted later on Mrs Uhrig said that Recreation had decided to switch places with 109 Selectmen's Meeting January 9, 1978 the four new courts at Diamond (which had been suggested as #1 priority on the first year Recreation Master Plan) with the fifth year item of lighting four tennis courts at the Center; this would cost roughly $15,000 and as we have $3,400+ left over from a 1974 Article to be applied to this, it would bring the cost down to approximately $12,000 on the tax rate We already have staff there and we feel it would essentially mean that we would have 4-court use vs the $15,000 cost of building a new court The lighting we propose to use would be very inexpensive to run and would cost about a third of existing lighting on the other four courts, which is very inadequate because of the wrong position of the lights After discussion, the Recreation Committee agreed to submit figures to the Board on the number of users of tennis courts Mrs Hinkle, Bicycle Submcommittee, discussed the proposed Bicycle Path article on bicycle paths and informed the Board that she expected information from the State by the end of the month concerning authorization for $75,000 The committee is requesting $25,000, to be put on the tax rate, and approval of borrowing $75,000 If authorization is not received from the State, they would only re- quest $25,000 Chairman Battin recommended that this information be given to the Planning Board Mrs Hinkle agreed Mrs Mary Louise Touart, Chairman, and members of the Recrea- Permanent tion Committee met with the Board to discuss the Center pool project Building Mr Wells said that, according to the recreatinn survey, swimming Committee- has the highest priority in the Town The existing pool is 50 Center Pool years old and requires constant repairs, and the committee felt that renovations costing $250-300,000 would not meet the needs of the Town Their second proposal was eliminated as it was for an indoor/outdoor facility at $1 5 million The proposal before the Board would be to demolish all of the existing pools except the instructional pool Cr Wells explained the architect's design of the area, including the pool which is 25 meters long x 45 feet wide, with a ramp for handicapped people to go out into the pool, it is a 6-lane racing pool, 5 ft deep at one end and 3-1/2 ft at the other end, wading pool; deep diving pool; $140,000 bathhouse in- cluding some of the showers for the handicapped - there are codes to be met for the bathhouse; housing for mechanical equipment to run the pool and bathhouse Mr Wells said that a sewer easement would be necessary as there is no sewer; they might go through a parcel of land on Parker Street to the Parker Street sewer but de- tails would have to be worked out The Board agreed that the sewer easement could be included in the regular sewer article Mrs Uhrig said that a meeting with abutters has been arranged for next Wednesday 110 Selectmen's Meeting January 9, 1978 The Permanent Building Pool Subcommittee is to come back to the Board at a later meeting after further evaluation of the project Miss Joan Halverson, Recreation Coordinator, was introduced to the Board, who wished her success in her new position Recreation The Recreation Expense Budget, Account #2480, was discussed and Acct #2480 Mrs Uhrig explained that monies have to be expended for fee-type programs but, in general, these programs are self-supporting The Board had no problem with the budget of $24,800 The Recreation Committee and the Permanent Building Committee retired from the meeting Library Mr Robert Hilton met with the Board to discuss the Library Acct #7550 Expense Budget, Account #7550 The Board noted the $6,000 increase in Library materials, and Mr Hilton explained that the increase in the cost of books and recordings resulted in the estimated figure of $61,000 Mr Hutchinson informed the Board that repairs and maintenance had increased $2,000 because of the need for additional shelving The budget had been submitted at $131,650 and is now at $133,650 Mr Hilton retired from the meeting The Board agreed to address on January 12 the vehicle policy, sewer policy and street construction Planning Mr Albert Zabin, Chairman, and members of the Planning Board Board - met with the Board It was agreed to discuss in Executive Session Center the Lane Construction Company's violations by removing fill from Parking a portion of their construction site Mr Zabin discussed the $5,000 Capital budget item on the Center Business District He said that a Center Business Advisory Sub-Committee had been appointed and they were all agreed on the problem of inadequate parking They are not seeking to develop another study report but are trying to develop a plan that can be made into a program for Town actinn They are exploring the possi- bility fo developing a center parking area behind the Mews and are looking into a possible multi-storage parking structure with stores at the bottom and parking above, and perhaps this could meet the obvious parking problem A parking consultant in New York had been contacted and, at no charge, would submit rough sketches but, if it is feasible, money would be needed to fly them up and for their expenses If successful, it would do a lot for the Town and we would use land that produces substantially no revenue for the Town Another thing that might be done, and wouldn't require a lot of money, is to look at the possibility of leasing space from the Arts & Crafts and some of the churches in the area so that some of the space could be used by the employees of the retail establish- ments to get them off the streets The current practice is that they 111 Selectmen's Meeting January 9, 1978 park - feed the meters and they are using spaces that should be for customers For purposes of exploration, they are reviewing the old plan to extend Worthen Road to Marrett Road Also, they are going to propose a transitional zone around the immediate Central Business District to permit expansion of some kind of commercial activities, to hope that the use with building controls would be compatible with the residential area Mr Zabin agreed with the point raised about poor access at the Mews area parking lot The possibility of a parking structure in the Meriam Street lot was mentioned and Mr Zabin agreed that an economic analysis could be made to determine whether it could be self-supporting Mr Zabin stressed that the only chance for success would be by a uniform presentation so that people can see the relationship of the extension of Worthen Road and the problems of getting out of a parking structure If we get to that stage, this is the Board of Selectmen's responsibility because we are dealing with public land The Planning Board agreed to the recommendation that the $5,000 for the Center study be put in Professional Services, Account #1090 Mrs Miley informed all that the Selectmen had sent a letter to Congressman Tsongas in the hope that he could do something about the fil Post Office employees parking on the land behind Boston Edison Town Meeting had turned down this proposal a few years ago and if Congress- man Tsongas is successful, it would open up many parking spaces in the Post Office/Town Office area During the meeting, the Board discussed various articles to be in the Warrant and it was agreed to delete three of the 73 articles submitted for insertion Plan for the Central Business District; Extension of Worthen Road, Petition the Legislature regarding a By- Law on Ice Cream Vendors Upon motion duly made and seconded, it was voted 5-0 by roll Executive vote to go into Executive Session for the purpose of discussing Session strategy with respect to litigation, with no intention of resuming the open meeting After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10 55 p m A true copy, Attest 4 Executive Clerk, Selectmen 112 SPECIAL SELECTMEN'S MEETING January 12, 1978 A special meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Thursday, January 12, 1978, at 7 30 p m. Chairman Battin, Mr Bailey, Mr Buse, Mrs Miley, Mr Kent; Mr Hutchinson, Town Manager; Mrs McCurdy, Executive Clerk, were present Board of Dr Cosgrove, Dr Erdos, Mr James Lambie, members of the Health Board of Health, Mr George Smith, Director of Public Health; Mr Clough, Re-Place; Miss SanMartino, Mr Wright and Mr Lynch, Mystic Valley Mental Health, met with the Board to discuss bud- gets Dr Cosgrove recommended that the Tri-Community budget, Ac- count 3320, $6,800, not be cut as it is substantially the same as last year Regarding the Re-Place budget, Account 3330, he felt that Mr McKee, the Director, has been trying hard to do a good job, but questioned the assignments of the Outreach Worker at a salary of $9,025 The Board of Health feels that items in 111the Mystic Valley Mental Health budget, Account 3310, could be cut, such as the telephone bill, dues, public relations, postage, etc Dr Erdos said that his feeling about Mr McKee was a posi- tive one as he is doing an excellent job The function of the Outreach Worker is simply to increase visibility and availability with day-to-day contact with all High School students, and he did not think it an unusually high salary Regarding Mystic Valley Mental Health, he would like more information and a breakdown on a $53,000 telephone bill, supplies, postage, professional fees; also, to cut conferences and training, publications, and dues, as most of the people involved pay their own and work here part- time Re-Place Mr Clough, Re-Place, explained that the Outreach Worker has been meeting with groups of kids, has access to police logs, at- tends conferences with the parole officer, is also on duty Friday and Saturday nights He has not been involved in any big crises with youth Since September 24, he has been approved by Dr Lawson, Superintendent of Schools, and has been dealing with the schools, both by appointment and with the regular freedom at the high school and junior high schools The Outreach Worker's job is to seek out the kids that are causing trouble, talk with offi- cials, police and schools, and then talk with the kids and try to get them involved in the counseling program, and that is something that takes a good deal of effort There has been a dramatic im- 113 Special Selectmen's Meeting January 12, 1978 provement over the last few months As far as the budget, 90% goes to people who are delivering services The Town pays for approximately 50% of the budget Since our relationship with the Town has developed over the last couple of years, we have become much more effective in helping kids in Town He has seen a dramatic change in the way people feel about Re-Place, which has a cooperative relationship where everybody has been working together Mr Clough said that he had no problems with Mystic Valley We have people who have not been happy with Re-Place and have gone to Mystic Valley, which is much more structured and some kids like that; we have an informal intake program where kids drop in without appointments He did not see any overlay in ser- vices (MVMH) at all The total budget is $56,392, with the Town paying $28,062; Department of Mental Health, $12,000; Donations, $7,000; CETA, $8,700 Mr Busa said that he is again asking for back-up informa- tion on head count and programs He felt that the Outreach Worker should be an employee of, and under the direct supervision of the Town He asked about insurance coverage for the Outreach Worker Mr Hutchinson replied that the Re-Place fringe benefits' program covers him, and he was not in favor of having the Outreach Worker as a Town employee As far as numbers and programs, he was sure that Mr McKee would submit the facts to the Board Questions were raised, but not resolved, on (1) the possi- bility of the school budget absorbing some of the Outreach Worker's costs as he spends 60% of his time in the schools; (2) whether to pursue the possibility of applying for state and/or federal funds; (3) Re-Place continuing as a private function Mr Frank Lynch, MVMH Business Manager, felt that it would MVMH be a serious mistake to cut the MVMH budget by 5% He hoped the Town appreciated what it was getting for $38,000 Regarding the telephone item, they had put in a new system and did not think they were making any unnecessary telephone calls as they cover six towns Miss SanMartino, MVMH, stated that there are state and federal funds, and you are getting outpatients and school adoles- cents She makes out the monthly schedule of appointments with students and she had no concerns about duplication with Re-Place, just concern about enough hours and reaching out to people whose world is much more complicated now She did not understand human services being cut right now and did not feel that they had been asking for that much more in staff Regarding dues, the item was for organizational dues and not for the personal staff Mr Hutchinson said that we find in the initial review, be- cause of the myriad of agencies that exist, it is going to take 114 Special Selectmen's Meeting January 12, 1978 a little more than a year to come back with policies as there is a need for an assessment process to find out what the needs of the Town are My staff and the ad hoc human services committee have been looking into it and we will bring a proposal back to the Board Until we get a true picture, we hope to keep exist- ing levels of cost approximately the same, and we will schedule a meeting with the Board of Health, which has been monitoring the budgets Members of the Mystic Valley Mental Health retired from the meeting Mosquito Mr Kevin R Moran, East Middlesex Mosquito Control Project, Control met with the Board to discuss the program in Lexington Chairman Battin said that the question raised by Mr Manfred Friedman last year was whether we were doing it for comfort and convenience or for public health Mr Friedman was invited to attend but is not present Mr Moran said that mosquito control in Lexington is designed to keep the population of biting adults low, and this enables the taxpayers of Lexington to enjoy their backyards and playgrounds during the evening hours It keeps us constantly aware of the mosquito problems in the chance that a health hazard does arise The program not only minimizes the hazard of encephalitis but also of secondary infections from scratching bites and the risk of allergic persons being bitten Local mosquito control has the men and equipment ready for adult control by making only a phone call There has not been any evidence of mosquito resis- tance here in the northeast to the pesticides we are using We are using two or three different compounds in each of our adulticiding and larviciding programs The more chemicals that environmental groups take away from us the more this resistance will become a problem We do not do random spraying; we spray when and where needed, either because of complaints or bite counts Any one of our programs cannot be eliminated for the sake of another part of the program Dr Erdos said that spraying is done only at the request of individual citizens of the Town because of problems The majority of the mosquito control program consists not only of spraying but of ditching, draining, lavaciding, etc that are not environmental haz- hrds butif it prevents one case of encephalitis in an adult or a child it is worth the prevention I have seen some cases of those who have been terribly diminished in their mental capaci- ties for a long time Mr Moran said that all the chemicals we are using are labeled for mosquito control, using only the dosages that are labeled In my estimation, it is an environmentally sound program The Board thanked Mr Moran for his presentation, and Mr Moran and members of the Board of Health retired from the meeting 112; Special Selectmen's Meeting January 12, 1978 Mr Leo Gaughan, Chairman of the Town Celebrations Committee Town met with the Board to discuss the committee's budget Celebrations Mr Hutchinson said that the Board is concerned about the Committee substantial increase from $6,500 last year to $15,200 requested Budget for this year As the Town Manager, he had cut it back to $13,000 Mr Gaughan said that the committee felt that it could be cut back but they could not possibly operate on less than $10,000, and we would like to have $15,000 We are reluctant to ask people for sponsorships Units are charging much more this year, and the Minute Man organization is the only local unit we give money to - about $450 Last year's budget was $6,500 but the actual cost was $9,300, and we had $2,200 in sponsorships After discussion, a majority of the Board agreed that it would encourage having a relatively modest enterprise this year, and had no objection to the committee soliciting sponsorships by letter Mr Busa felt that they would need $10,000 Mr Gaughan said that he was not going to argue over getting $7,000, with the understanding that they will not have to pay $450 for the luncheon on Patriots' Day and, if they receive $2,500 to $3,000, he felt that the committee could do a decent job Mr Hutchinson said that the luncheon money is included in the Police budget Mr Gaughan thanked the Board and retired from the meeting Mr Hutchinson requested the Board to endorse the Town's Town Vehicle vehicle policy After a discussion with Mr Busa, who had recom- Policy mended that certain latitude be granted to the Police and Fire Chiefs and the Public Works Director, Mr Hutchinson agreed to a certain degree of latitude, with the clear understanding that all three are to be under the supervision of the Town Manager Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager to adopt the Vehicle Policy of the Town of Lexington, as follows 1 Municipal vehicles will be used for municipal business only and are not to be used for personal/family business 2 Recognizing the emergency responsibilities of the follow- ing positions and further that these positions are occupied by residents within the Town of Lexington, the following personnel are allowed to take their vehicles to and from work recognizing that they are on a 24-hour call within the Town and outside the Town Town Manager Town Manager Police Chief 2 Captains Fire Chief i1 Special Selectmen's Meeting January 12, 1978 Public Works Director of Public Works Manager of Operations Manager Planning & Administration (Maintenance) Superintendent of Parks Superintendent of Water & Sewer 3 All other personnel will pick up vehicles from the Public Works pool of vehicles located at the Public Works garage These vehicles will be made available to the appropriate Divisions based upon assignment during the day Vehicles will be returned to the Public Works pool at the end of the normal working day These vehicles will be used for municipal purposes only 4 A certain degree of latitude concerning this policy will be extended to the Town Manager and under the supervision of the Town Manager to the Chief of Police, Director of Public Works and the Fire Chief Acct 1050- The Board discussed an item in the Selectmen's Account 1050 Dues & for membership in the Massachusetts League of Cities and Town, Membership $1,564, and the Massachusetts Selectmen's Association, $687 Mr Busa recommended that membership be discontinued in the Massachu- setts Selectmen's Association Chairman Battin said that there was a strong move to consolidate both organizations and, if con- solidation does not take place by next year, serious consideration should be given by the Board to withdrawing from one of the organi- 111 zations The Board agreed to continue membership in both organizations, with the understanding that the matter will be re-opened at the next budget process Operating The Board discussed and approved the following budgets Budgets Account Name Amount 1050 Selectmen 7,025 1065 Town Manager (includes 1300) 6,600 1080 Office Furniture & Fixtures 1,500 1090 Professional Services 25,000 1125 Fire & Police Medical 5,500 1135 Out of State Travel & Train 6,000 1141 Tuition & Training Fees 14,000 1142 Instate Travel 10,000 1148 Safety Program 1,000 1200 Town Clerk & Vital Statistics 1,100 1550 Board of Appeals 2,585 1650 Planning Board 4,555 1700 Group Insurance 751,000 1725 Unemployment Compensation 60,000 1750 Munic Prop & Wrkmn's Comp 291,203 117 Special Selectmen's Meeting January 12, 1978 Account Name Amount 1760 Printing Town Report 10,000 1775 Legal Fees 45,000 1800 Legal Expenses 12,000 1900 Elections/Selectmen 12,515 1950 Elections/Town Clerk 14,800 2050 Board of Registrars 9,600 2250 Appropriation Committee 3,800 2370 Misc Committees & Boards 2,450 2380 Council on Aging 24,220 2400 Town Celebrations Committee 7,000 2450 Historic Districts Commission 1,900 2460 Conservation Commission 10,090 2480 Recreation Committee 24,800 2525 Treasurer/Collector 27,033 2575 Foreclosure & Redemption 3,120 2850 Comptroller 3,200 2925 Office Machine Cap Outlay 4,300 2930 Office Machine/Maint & Rep 6,500 2935 Office Service Copier 8,000 2940 Metered Mail 20,250 111 3000 Assessors 8,300 3300 Health 10,455 3310 Mystic Valley Mental Health (Held) 3320 Tri Community Health Service 6,800 3330 Community Services (Held) 3450 Rabies Clinic 2,410 3550 Animal Control Officer 4,475 3800 Police 140,525 3900 Parking Meter Maintenance 4,000 4150 Fire & Ambulance Maint 71,475 4350 Local Disaster Sery 1,000 4500 Inspection 1,213 5000 DPW Office 9,900 5150 Engineering 6,050 5250 Town Building Maintenance (Held) 5400 Highway Maintenace 68,300 5450 Road Machinery 145,300 5500 Snow Removal 110,650 5550 Traffic Regs & St Signs 23,500 5600 Street Lights 215,000 5700 Sewer Maint & Sewer Sery 58,900 5800 Garbage Collection 78,000 5850 Sanitary Landfill 118,750 5900 Water Maint & Water Service 48,300 6000 Park 40,050 6050 Insect Suppression 10,500 118 Special Selectmen's Meeting January 12, 1978 , Account Name Amount 6100 Shade Trees 9,600 6150 Dutch Elm Disease 4,200 6400 Cemeteries 10,800 7150 Veterans Admin. 150 7200 Veterans Aid & Expenses 48,000 7250 Graves Registration 400 7300 Soldiers Burials 250 7550 Library 133,650 7800 Contributory Pension Fund 624,330 7810 Pension Funding 100,00 7825 Non-Contributory Pension (Held) 7850 Retirement Expenses 4,950 8500 Interest on Debt 207,768 8525 Tax & Bond Antic Loans 238,667 8550 Maturing Debt 1,460,000 Upon motion duly made and seconded, it was voted to adjourn at 1100 pm A true record, Attest Executive Clerk, Selectmen (/ I 119 SELECTMEN'S MEETING January 16, 1978 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, January 16, 1978 at 7 30 p m Chairman Battin, Mr Bailey, Mr Buse, Mrs Miley, Mr Kent; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Director, Public Works/Engineering, were present Mr Myles Barnert, Chairman, and members of the Capital Expendi- Capital tures Committee met with the Board to discuss Capital budget items Expenditures The following recommendations were made Committee Sewers $400,000; $2 million bonding with assurance that the Selectmen come back to Town Meeting on what areas they will be doing, but not be limited to those on a year- to-year basis in case packages might be available Drainage $34,000 Water Mains $25,000 Curbs & Sidewalks $34,000 Streets $150,000 for three streets (Will recommend $100,000 in the future) Chapter 90 Recommended DPW Equipment $125,000 I & I and Drainage Studies Recommended Fire Department Equipment $20,000 Conservation Committee's position is whatever Town Meeting wants Recreation $40,000 for pool study We support the pool, for plans this year and construction next year Bicycle Paths Because of the possibility of one-time funding, the committee recommends up to $100,000 as long as only $25,000 is on the tax rate Westview Cemetery $100,000 Sanitary Landfill $20,000 Recyclables Article recommended - $45,000 Mrs Joan Crothers, Chairman, and members of the Sewer Advisory Sewer Committee met with the Board to discuss the committee's report Advisory Committee SEWER ADVISORY COMMITTEE PRELIMINARY REPORT TO THE BOARD OF SELECTMEN January 16, 1978 During the past six months the temporary Sewer Advisory Committee has reviewed matters relating to the extension and maintenance of Lexington's sanitary sewer system, as requested by the Board of Select- men in May, 1977 We submit these findings and suggest that our report be considered the first in a continuing citizen advisory process of sewer service delivery 120 Selectmen's Meeting January 16, 1978 The scope of our review has followed the five part list of topics suggested in the Selectmen's charge, which requested specific advice on 1) reasonable objectives for substantial completion of the system, 2) viable alternatives to the community collector system, 3) procedures for establishing desire/need for sewering, 4) possible betterment formula adjustments, 5) financial information on costs of conventional sewerage compared with on-lot subsurface wastewater dis- posal In addition, we comment on the proposal for capitalization through bonding of the remainder of the system which is presently under consideration, but was not contemplated at the time this com- mittee was formed Lexington joined the North Metropolitan Sewerage District of the Metropolitan District Commission in 1899 when a 15" interceptor sewer with a design capacity of 2 8 million gallons per day (mgd) was extended to the Arlington/Lexington boundary to receive our municipal sewage By 1953 a 20" interceptor designed to carry 5 7 mgd was necessary, and this was supplemented by another 36" line with 27 3 mgd design capacity in 1968 These increases to our outflow capability were a result of the town's policy of providing municipal sewerage facilities to as many residents as possible with the result that now 86 4% (7,304) of our dwellings are serviced as of March, 1977 The remaining 13 6% (1,151) are not sewered, of which 6% (488 houses) do not have sewer available We understand that sufficient capability is available in the MDC system, which has a design capacity of 35 8 mgd, to handle Lexington's maximum flow calculated at approximately 12 5 mgd (Bedford included) A fourth collector sewer which would cross through Lexington for the exclusive use of Bedford is now under consideration by the MDC Expansion of our local system has been continuous since 1899, but has come into question primarily because of the increasing costs associated with sewerage The town's responsibility to provide a community sanitary sewer to all occupants is uncertain as the un- precedented high costs place an overwhelming tax burden on the prop- erty owners Investigation of past projects shows that the commit- ment to sewer has always involved a financial liability by the town which was not recoverable, and constituted a deliberate subsidy in the public interest Betterments, i e , reimbursements to the town by private parties, have been based upon several variables These include the average per foot costs of lateral sewers over the previous five years, lot area according to the total limit of work for the pro- ject, and a setback calculation This assessment formula assumes that 50% of the cost is borne by abutters, divided between the two sides of the street, with the remaining 50% paid by the town (1/4- 1/4-1/2), This subsidy plus the betterment constitute the major financial support for local sewerage projects Occasionally state and federal funds are available for portions of the municipal system (notably the Woodhaven trunk and the Hanscom Field force main) 121 Selectmen's Meeting January 16, 1978 After detailed analysis of sewer assessments (Table 1) we find that betterment cost recovery percentages have dropped during the last five years Although these calculations are not as accurate as we would like because they are based on aggregated numbers which include non-betterment projects, they are useful as a comparison and show that the percent of actual sewer cost recovered is con- tinually lessened This is due to the tripling of construction costs, the costs of trunk sewers and other capital costs, and the cost of building sewers past town-owned land The percentage re- covered might increase if an adjustment factor for eventual service connection payments is included; these are backcharged to abutters at the time household connections are made However, it must be emphasized that we are unable to establish that our current better- ment assessment practices have ever realized the assumed 50% cost recovery As the cost of sewering has roughly tripled per lot in the past five years (Table 2), and approximately 448 homes are presently with- out access to sewer service, it is necessary to decide if an expendi- ture which (based on a per lot average of $6,000) could amount to at least $2,688,000 should be made in order to accommodate our entire existing population (with the exception of 67 houses which it has been determined are impractical to reach) In order to arrive at a recommendation the committee requested a comparison of the existing 1/4-1/4-1/2 five year average method In a random sampling of final assessments from actual sewer projects the new formula showed a greater than 50% reimbursement giving the town a more equitable rate of return In each case the old method returned less than 50% These results (Table 3) point out that the three year average of previous costs and a 1/3-1/3-1/3 plan of assess- ment keeps the estimated cost closer to the actual cost of sewer con- struction The new method also shows greater tolerance for the time lag between assessment and completion of construction Of all communities investigated (Bedford, Belmont, Boston, Needham, Wakefield, Wellesley) it was clear that sewer cost recovery percentages vary according to local policy For instance, Wellesley charges a flat rate per lot which does not attempt to cover costs Boston, on the other hand, collects about 3/4 of the costs of its sewers The consensus of this committee is to suggest that if the Selectmen de- cide to implement the substantial completion of our sewerage as de- fined by the DPW/Engineering priority list dated November 21, 1977, they consider changing the betterment formula in order to allow the town to regain a larger portion of the total financial outlay The Selectmen could achieve this goal by averaging costs over three years and reducing the town's share to 1/3 as illustrated It would also be possible to change only the three year timespan while continuing to use the 1/4-1/4-1/2 formula In the latter case this action would not necessitate a change in the language of Chapter 221 of the Acts II/ of 1926 which would be needed otherwise A majority of this committee 122 Selectmen's Meeting January 16, 1978 favors the final alternative Other methods of sewer cost recovery which were discussed and re- jected include imposition of a cost ceiling above which the town would refuse to sewer an area, imposition of a flat rate charge to abutters for sewering lots above a certain pre-determined rate, and assessing specific projects without averaging (which would have the effect of forcing some homeowners to pay premium prices for their very expen- sive sewers) Procedures to be followed in establishing need and desire for sewering should include a preliminary sign-up with the Selectmen who would forward requests to DPW/Engineering for cost estimates Board of Health participation as defined in Title V of the State Environ- mental Code would continue; it should emphasize proper maintenance and rehabilitation of on-site systems It could provide citizens with financial information based upon typical Lexington projects of septic system as well as conventional sewerage A booklet could be prepared describing the petition process and the assessment formula as well as information on the care of septic tanks and other allow- able methods of handling failing systems such as humus toilets (clivus multrum) In order to arrive at an estimate of the relative dollar costs of conventional sewerage versus septic tanks, the costs of staffing and operating a septic system management program with full municipal control and equipment ownership were reviewed This was based on a community with 3,000 existing septic systems (roughly twice the amount now functioning here) as reported by the Metropolitan Area Planning Council Water Quality Project (Table 4) Their total of $70,000/yr should be reduced for a smaller service load Billings to owners would vary from $20 each if 1000 systems were serviced to $50 per cleaning when annual service totals 400 jobs With federal assis- tance in purchasing a pumper truck, the costs decrease about 20%, ranging from $16 to $41 per job Since town-owned pumpers are totally user supported they may exceed average private fees if less than 600 tanks are pumped annually Therefore, Lexington might best utilize contract services combined with municipal inspection to provide the most economical combination of private and public management The possibility of developing a septic system management program of some sort should be given consideration in order to accommodate the exist- ing homes which will never be serviced by municipal sewerage under any plan The committee is unable to recommend this exclusively as an alternative to the substantial completion of our system as there are current regulatory obstacles to communal septic tanks in Massa- chusetts Although the proposal to expand and complete the sewer system by means of a bonding authorization has not been presented in detail, we feel that this may be a justifiable action to take We would suggest that more, not less, review of sewer projects should be pro- 123 Selectmen's Meeting January 16, 1978 vided and that a permanent sewer advisory committee should be appointed by the Selectmen to assist in sewerage planning The selection of sewer project priorities affects the development of the town and in- volves judgements of where the need is greatest These effects of sewering should be reviewed and discussed During our brief span of operation the committee has received nine unsolicited letters in addi- tion to a number of telephone calls and conversations with citizens regarding sewer problems We believe that this indicates a real need to increase contact with townspeople as the complicated design and political aspects of sewering are addressed Another recommendation of the committee is that applications for permits for building additions or alterations should be checked by the Board of Health to determine if the existing septic system is adequate Similar information should be supplied by the Board of Appeals for variances and special permits We also feel that there should be a clear plan for the proposed sewers with precise statements, topographical maps, and estimated costs Laterals should be identified separately from trunks and interceptors Cost figures should allow for inflation In the plan the highest priority projects should be identified It was beyond the range of this investigation to consider the economic effects of the revised MDC billing system which will be U based on volume rather than number of connections Sewer use charges should be considered in cost analyses of system expansion, and would provide a fertile area of inquiry for additional advisory reports We wish to thank staff members of the DPW/Engineering, Board of Health, Town Manager, and Board of Selectmen offices for invaluable assistance as well as many citizens for helpful contributions In particular, Julian Bussgang has spent considerable time studying and clarifying cost figures on the Lexington sewers This opportunity to examine and discuss the variety of issues and practices relating to sanitary sewage installations and related matters has been extremely interesting We thank the Board of Se- lectmen for giving us the chance to prepare this report, and look forward to augmenting these comments should it be deemed necessary Joan Crothers, Chairman Gordon Barnes Katherine Fricker John Harvell George McCormack Kenneth Nill Richard Rycroft 124 Selectmen's Meeting January 16, 1978 I Sewer Betterment Cost % Sewer Cost Year Assessments (memo-11/14/77) Recovery (memo-2/9/77) % Recovery 1976 56,127 50 161,570 53 34 7 297,277 60 18 8 1975 242,601 48 636,435 28 38 1 801,936 69 30 2 1974 202,413 13 526,572 68 38 4 595,223 63 34 1973 107,498 43 236,929 52 45 5 399,735 66 26 9 1972 105,555 70 241,433 80 43 7 252,435 80 41 8 TABLE I - PERCENTAGE RECOVERY Houses Vacant Lots Total Betterment Cost/Lot Cost/Lot Year (memo-2/9/77) (memo-2/9/77) Lots (memo-11/14/77) (memo-2/9/77) 1976 47 2 49 3,297 6,067 1975 190 27 217 2,933 3,695 1974 218 14 232 2,270 2,566 1973 146 28 174 1,361 2,297 1972 86 32 118 2,046 2,139 TABLE 2 - COST OF SEWERING PER LOT Street Cost Return % Returned Turning Mill Rd (Old) $124,568 85 $50,325 62 40 4 (New) 124,568 85 69,050 31 55 4 Alcott Rd (Old) 18,105 00 9,049 96 49 9 (New) 18,105 00 12,221 35 67 5 I Summer St (Old) 64,222 16 16,572 55 25 8 (New) 64,222 16 34,696 12 54 TABLE 3 - SEWER BETTERMENT ASSESSMENT SURVEY Approximate Cost Number of Systems to Owner without With Federal Serviced Annually Federal Assistance Assistance 400 $50 $41 600 34 27 800 25 21 1000 20 16 Mrs Crothers informed the Board that the committee had tried to confine the report to the original five topics that the Board had suggested; they had to broaden some to try to pick up the recent $2 million bonding, for which we had a minimum of information We focused on the betterment formular (the Committee points out that costs recovery via the betterment formula has not accomplished what some of us thought) and how the proposed bonding would pertain to that formula We had some question about the advisory capacity of the Town Meeting, and we felt that their review should be based on a very specific priority and map plan, so that the Town Meeting would have a careful understanding of the proposal The committee feels that the map has insufficient information on how it would be bonded 125 Selectmen's Meeting January 16, 1978 Mr Bailey said that it was recommended at Town Meeting last year that we create a permanent advisory committee We opted to create a temporary advisory committee and we gave a very specific charge, which got to the core of the difficulty we were having with Town Meeting, and the report we got back doesn't help us any further in solving the credibility problem of Town Meeting than it did a year ago Dr Nill, Sewer Advisory Committee, said that on the first charge, the committee all agrees that we would like to finish sewering to some reasonable point On the second charge, there really aren't many al- ternatives Mr Bailey said that what you would like to have done is to have the whole Category A Streets complete engineered and each batch pre- sented to Town Meeting It will take us a long time to engineer all of them, and what we tried to do was bite off bits and pieces, depend- ing on what the pressures are of that year, and engineer them and con- struct them. Otherwise, if we are going to do it all at once, we are going to have to get it all put together now, sell the whole $2 million - fully engineered right now - and then deal out the money and the programs over five years Dr Nill said that we want to know conceptually what areas, how would you start the first year, what would you do the second? He did not think it is required at all that the engineering be done It was suggested that this statement be put in writing Dr Nill said that the problem the Board is going to face is that at some point you do all of Category A and you declare the Town's sewer system complete (by definition), what do you do to the person who has a septic system that fails and you say that you are sorry but the Town is finished and we won't entertain your petition The Board agreed that anyone can petition Mr Hutchinson said that it is entirely feasible that somebody in Section C could come before the Board two years from now and say that he needed help, and perhaps some groups in Section A might be fine and not have a problem We would then consider the problem area Mrs Crothers asked if the bonding is a complete spending situa- tion or is it possible for some unknown reason that it could be termi- nated? Mr Hutchinson replied that it is an authorization for the Board of Selectmen to address the sewer planning of the Town and to go for- ward and execute it After further discussion, the Sewer Advisory Committee agreed to submit conclusions and recommendations to the Board Mr Martin, Assistant Town Engineer, explained types of sewer projects which might be combined over the next three to five years 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 session, for the purpose of discussing strategy with respect to 126 Selectmen's Meeting January 16, 1978 litigation After discussion, it was voted to go out of Executive Session A summary of a recorded meeting Respectfully submitted, j Executive Clerk, Selectmen 127 SELECTMEN'S MEETING January 23, 1978 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, January 23, 1978, 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 Nancy Banks, Assistant to the Town Manager; Mrs McCurdy, Executive Clerk, were present Chairman Battin opened the hearing on the proposed use of Gen- Selectmen's eral Revenue Sharing Funds in relation to the entire budget, and to General receive citizen input on the proposals Revenue The proposed budget totals $28,859,014, made up of $12,560,464 Sharing for Town personal services, expenses and capital improvements and Hearing $16,298,550 for education In this budget, General Revenue Sharing funds totaling $525,000 proposed to be appropriated in the following areas 1 Council on Aging Expenses $24,220 2 Mystic Valley Mental Health expenses 30,853 3 Community Services 36,297 4 Police Personal Services 278,630 5 Police Motor Vehicles 25,000 6 D P W equipment 130,000 The proposed budget is available for public inspection in the Town Manager' s Office and Cary Memorial Library Mr Hutchinson said that the process is to hold two hearings and the first has been held by the Town Manager; a detailed report has been filed with the Board of Selectmen on comments which were made at the meeting, as well as published in the newspaper Before the Board is an administrative proposal, subject to review of the Board and, also, changes based upon estimates of general revenue sharing to be received by the Town During the budget review pro- cess so far, the Board has amended the Council on Aging Budget to reflect additional consideration for concerns raised by the Senior Citizens Club He did not propose at this time utilizing general revenue sharing monies for a Senior Center, which certainly is a necessary and worthwhile request, based upon the fact that he felt that this needed additional study This is something that the Board and the Town Manager must sit down and talk about further, expecial- ly where we are in the process of school closings and things of that nature, which are still being considered Mr William Sen, Chairman of the Council on Aging, said that Senior Center 128 Selectmen's Meeting January 23, 1978 they had originally asked for $15,500 to do some preliminary site selection and preliminary design on a Senior Center, but that has been deferred now from what we are hearing, and only our Council on Aging budget has been put in We have put in two warrant arti- cles to ask the Town Meeting to consider a Senior Center The possibility of starting a study, but not funding, was dis- • cussed and Mr Sen recommended the committee consist of a member of the Town Meeting Association, Historical Society, Senior Citizens Club, a retired architect, a retired realtor, and a Town official The Board agreed to establish the committee to study existing public and private facilities for accommodating senior citizen pro- gramming, and submit a report to the Selectmen by May 15, with the understanding that the formal charge to the committee will be writ- ten as soon as possible Upon motion duly made and seconded, it was voted to establish a Senior Center Site Committee Mr Jacob Gardner, stressed the need for the Center, and also requested that $3,000 be provided in the Recreation budget for an annual Christmas party for senior citizens No action was taken by the Board on this request Chairman Battin declared the hearing closed at 8 00 p m Jurors At the request of the Town Clerk, the following jurors were drawn. Arthur D Ritchie, Jr 21 Balfour Street William H Wildes 3 Russell Square Webster E Coombs 175 Shade Street Barbara J Mosca 566 Lowell Street Mildred A. Stevens 5 Loring Road Florence R. Spellman 19 Cooke Road Louise Costanza 26 Rindge Avenue Allen C Eccleston 345 Waltham Street Housing Members of the Lexington Housing Authority and Mr Scanlon, Authority Director, met with the Board to request approval of an application to the Department of Urban Development for additional subsidies for 17 units Chairman Battin read a letter from Mr Scanlon stating that the original application of the Lexington Housig Authority on June 1, 1975 was for 100 units, and they were awarded 50 On February 19, 1976, at HUD's request for applications, they applied for 50 additional units, bringing up the allocation to 100 units; this application was rejected In June of 1977, they had 33 units re- ceiving subsidies and HUD recaptured the 17 unassigned allocations Since June, we have had an increase in the maximum rental costs under which we can sign contracts, and that puts the Lexington rental market in a more realistic position We feel confident this will 129 Selectmen's Meeting January 23, 1978 enable us to assist 17 additional Lexington families of low and mod- erate income who are now paying more than 25% of their income for rental units Upon motion duly made and seconded, it was voted to approve the application of the Lexington Housing Authority to the Department of Urban Development for additional subsidies for 17 housing units Mr Scanlon and the Lexington Housing Authority retired from the meeting Mrs Mary Louise Touart, Chairman, Mr Grossimon, Mr Scouler, Permanent Permanent Building Committee; Mr Levi Burnell, Bicentennial Band, Building and Mr Gillespie, Band Director, met with the Board to discuss a Committee- proposal for a bandstand Bandstand The Committee informed the Board that they had been unsuccessful in their efforts to obtain the free services of both Harvard and M.I T design schools in preparing plans and specifications for the bandstand They then approached the Trustees of Public Trust and were told informally that there may be $1,500 available, provided the Board of Selectmen wrote to the Trustees requesting that amount This would enable the committee to hire a Lexington architect to proceed with the plans to be taken to Town Meeting After discussion, it was agreed that the committee would submit a report, under Article 2 of this Town Meeting, outlining the efforts of the committee to date, and a subsequent project to raise, by private donations because it is to be a civic project, the necessary funds to hire an architect to draw up plans and specifications An article is to be submitted for next year's warrant requesting Town Meeting's approval of the plan and a specific site for the bandstand Members of the bandstand subcommittee retired from the meeting Members of the Bicycle Subcommittee and the Traffic Safety Com- Bicycle mittee met with the Board to discuss the proposed article for a By-Law bicycle by-law change Chairman Battin said that, according to the State law, you can ride on the sidewalks, and our By-Law states that you cannot; there- fore, the Police are going by the State law Mrs Hinkle felt that adults should be allowed to ride bicycles on some sidewalks, such as Lincoln Street She pointed out that the Police are urging children to ride on sidewalks but they do not say anything about adults Mr Blackwell spoke for the Traffic Safety Committee, stating that it could see no need for a change in the Town By-Law Mr McSweeney commented that there are certain portions which can be used for a bicycle route, if so designated From an engineer- ing point of view, he had walked the sidewalks in order to estimate the cost of making a sidewalk functional, as sidewalks are dangerous if used by bicyclists There are many liabilities that the Town would have to assume once it is designated as a bike path and out 130 Selectmen's Meeting January 23, 1978 on a public way Also, he would point out that the pedestrian has the right-of-way on the sidewalk, and there is a serious question regarding people on sidewalks outside the Central District Chief Corr is unable to meet with us tonight but he has stated that he is not in favor of granting blanket approval to adults to use bicycles on all sidewalks in Town but would encourage children to use them. Mr Kent recommended that because Chief Corr is not present to state his views, no formal position could be taken by the Board Personally, he would like to resolve the question of conforming our By-Laws to the Police practices because Police permission varies with prohibitions contained in the Town By-Laws The Board agreed to schedule a joint meeting on January 30 with Chief Corr, The Bicycle Subcommittee, and the Traffic Safety Committee All involved visitors retired from the meeting Executive The Conservation Commission met with the Board and it was agreed Session to go into Executive Session to discuss land negotiations Upon motion duly made and seconded, it was voted 5-0 to go into Executive Session for the purpose of discussing strategy with respect to land negotiations, after which the open meeting would be resumed Traffic Chairman Battin read a report from the Traffic Safety Committee Safety in response to a letter received from Ms Posie Cowan, 6 Forest Court, Committee- recommending that the Town install pumps on Park Drive, clean up Park Drive debris on Park Drive resulting from teenagers being allowed to park there, and also recommending a rotating recycling program to allow collection of paper, green glass, clear glass, and cans on alter- nate weeks Mr Hutchinson agreed to reply to Ms Cowan that the Town's re- cycling program is under review as an experimental program and is subject to possible change Also, according to the report, daily inspections are made in the Park Drive area by the Park Division and any trash is collected and removed; Chief Corr is to continue to monitor this location, which is one of the most popular gathering places for young people The committee recommended that the Town maintain its policy against the installation of speed bumps because National Studies have shown them to be a hazard to all types of vehicles, in addition to placing the Town under the burden of great liability Abatements - Chairman Battin read a request from Mr McSweeney to abate water Water bills Upon motion duly made and seconded, it was voted to abate the following water bills Lexington House of Pizza 399 Lowell Street Owner's incorrect Reading Jerome J Joeger 18 Fiske Road " Paul Stratford 97 Blossomcrest Road " 131 Selectmen's Meeting January 23, 1978 Water bills to be abated (Continued) Leo L Tutun 109 Kendall Road Owner's incorrect reading Robert Kent 12 Hudson Road " Robert J Spencer 33 Highland Ave Meter Man incorrect Reading James Kirm 26 Webb Street John Panjian 153 Spring St " A.M. Gilpatrick 19 Sutherland Rd Wrong Reading Recorded in meter book Ralph Burnham 25 Parker St Occupant 66 Wood St " Ralph D MacLean 9 Spring Street Meter Change/Wrong Reading Leonard Friedman 6A Winchester Drive Biller's Error Wilbert Sanford 60 Winter Street John Woodfin 95 Lincoln St " Chairman Battin read a request from the Tax Collector to approve Bonds bonds for Deputy Collectors Upon motion duly made and seconded, it was voted to approve bonds for Paul E Kelley and Patrick J Moynihan, Deputy Collectors, in the amount of $5,000, each Chairman Battin requested the Board to sign the Warrant to the Streets Town Constable regarding streets Upon motion duly made and seconded, it was voted to sign the Warrant to the Town Constable to notify all abutters of the vote of the Board on the intent to lay out the following streets, and the notice of street hearings to be held on Wednesday, February 8, 1978, at 7 30 p m. in Cary Hall Banks Avenue 800'+ from Chase Avenue to Carville Avenue Cushing Street 425'+ from Sullivan Street to end Tucker Avenue 175'+ from Chase Avenue to Tarbell Avenue Chairman Battin informed the Board that bids have been received Contract on printing 10,000 copies of 72 pages of the 1978 Annual Town Meeting Town Meeting Warrant Lexington Press, Inc , $3,672; Maran Printing, $4,509 Warrant Upon motion duly made and seconded, it was voted to award the contract for printing the 1978 Annual Town Meeting Warrant to the lowest bidder, Lexington Press, Inc , in the amount of $3,672 00 Mrs Miley informed the Board that it was her understanding that Idenification the Registrar of Motor Vehicles has sponsored a new system of issuing Cards identification cards The selectmen now issue Liquor Identification Cards to Lexington youths but it has been brought to her attention that the stores in town do not honor them as they prefer drivers' licenses Mr Cohen agreed to explore the matter and come back to the Board 132 Selectmen's Meeting January 23, 1978 1-Day Liquor Chairman Battin read an application for a Special liquor license License Upon motion duly made and seconded, it was voted to sign the 1-Day liquor license for W R Grace Co for January 27, 1978 1977 Town Mr Hutchinson advised the Board that bids have been received on Report printing the 1977 Annual Town Report Semline, Inc , $4,158; Municipal Contract Reports Company, Fitchburg, $4,200; Watertown Printers, $8,375 These bids are within the $10,000 appropriation and the usual format has been modified He recommended that the Board approve the aware of the contract to the lowest bidder Upon motion duly made and seconded, it was voted to approve the award by the Town Manager of the contract for printing the 1977 Annual Town Report to the lowest bidder, Semline, Inc , Braintree, in the amount of $4,158 Executive Upon motion duly made and seconded, it was voted 5-0 by roll Session call vote to go into Executive Session, with the intention of not resuming the open session, for the purpose of discussing strategy with respect to collective bargaining and litigation After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10 10 p m A true record, Attest �Y- Executive Clerk, Selectmen 133 ISPECIAL SELECTMEN'S MEETING January 24, 1978 A special meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Tuesday, January 24, 1978, at 7 30 p m. Chairman Battin, Mr Bailey, Mr Busa, Mrs Miley, Mr Kent; Mr Hutchinson, Town Manager; Mrs McCurdy, Executive Clerk were present Mr Hutchinson requested the Board's approval of the proposed FY79 FY 79 Personal Services budget of $4,727,798, under Article 4 Personal Upon motion duly made and seconded, it was voted to approve the Services proposed FY 79 Budget of $4,727,798, as follows Budget 1 Mr Hutchinson requested the Board's approval of the amount of Article 5 $300,000 to be appropriated for pensioners and Article 5 1 Upon motion duly made and seconded, it was voted to approve the amount of $300,000 to be submitted to Town Meeting for pensioners and Article 5 I Acct. # Department FY 79 - Art 4 Proposed Budget 1000 Selectmen $ 52,746 1060 Town Manager 81,204 1070 Temp Help and Overtime 24,000 1075 Clerical Pool 8,348 1130 Director of Guides 1,000 1150 Town Clerk 49,640 1500 Board of Appeals 10,815 1600 Planning Board 38,655 2000 Board of Registrars 6,550 2470 Recreation 107,170* 2500 Treasurer/Collector 73,629 2800 Comptroller 90,657 2950 Assessors 55,561 3250 Health 39,198 3500 Dog Officer 15,850 3750 Police Officers & Staff 293,665*** 3770 Patrolmen & Sargeants 790,331 41 0 Fire Dept Management & Staff 80,626** 41 0 Fire Dept Coll Bargaining 965,771** 43 0 Local Disaster Services 1,500 44 0 Inspection 65,142 49 0 D P W Coll Bargaining 973,689 49 0 D P W Supervisors & Staff 294,270 I 51 0 Engineering 180,770 I 134 Special Selectmen's Meeting January 24, 1978 Acct # Department FY 79 - Art 4 Proposed Budget 5200 Town Office Bldg Maint $ 57,296 7100 Veterans Agent 8,910 7500 Library 360,805 Total $4,727,798 7825 Pensioners and Article 5 300,000 Total Articles 4 and 5 $5,027,798 *$9,000 of Conservation Personal Services carried in Recreation **Transfer between accounts is possible after question of civilian dispatchers and realignment in ranks are resolved ***Transfers School Crossing Guards to School Department Operating The Board approved the following operating budgets which had been Budgets held for additional information Account 1090-Professional Services, $23,000; $2,000 had been deleted for Hanscom Field Task Force 3310-Mystic Valley Mental Health, $30,853 Mr Hutchinson agreed to the Board's recommendation that his assis- tant, Mrs Nancy Banks, is to monitor MVMH 3330-Community Services, Re-Place, $36,297 5250-Town Building Maintenance, $150,200; $2,000 for Cary Hall Signs 5450-Highway Maintenance, $145,300 5500-Snow Removal, $120,650 Capital The Board agreed to endorse a sewer program of $455,000 for Budget immediate needs and the $2 5 million sewer bonding Priorities are Lowell Street-1900 ft , Thoreau Road to East Street-$152,000; Pleasant Street-750 ft , 250 ft southerly of Fern Street to the existing trunk Sewer sewer-$58,000; Allen Street-400 ft , Waltham Street to Stedman Road- Program $32,000; Wadman Circle-250 ft , from Patriots Drive easterly-$12,500 Agreed to total of $255,000 Additional funds necessary for past projects-$200,000 Grand Total of $455,000 The Board agreed to support Road Machinery $116,700 Chapter 90 Construction $60,000 for Adams Street Street Construction $150,000 for Banks Avenue, Cushing Street, Tucker Avenue Sanitary Landfill $40,000, engineering studies for transfer station Westview Cemetery $70,000 for land acquisition; $30,000 for structure, roadway, water system, etc Reevaluation $15,000 Reserve Fund $200,000 135 Special Selectmen's Meeting January 24, 1978 voted3-2 to The Center pool complex was discussed and it was support $45,000 for final plans for the Center pool complex, as presented Mr Busa and Mrs Miley were recorded as members who were reserving judgement at this time Mr Hutchinson agreed to talk with the Permanent Building Committee to request consideration of alter- na:ives to reduce the total cost of the pool Mr Hutchinson presented the changes in the FY 79 budget since FY 79 Dezember 9, 1977, and the Board approved the following: Budget Proposed % Increase 1/18/78 Over 78 Personal Services $ 5,027,798 6 1% Expenses 5,854,664 Capital Improvements 1, 701,000 11 5% Total Town 12,972,162 13 6% Education Public Schools 15,786,245 Regional Vocational 542,764 Total Education 16,329,009 Total Appropriation 29,301,171 5 87% Chairman Battin requested the Board to accept a resignation of Resignation a member of the Historic Districts Commission Historic Upon motion duly made and seconded, it was voted to accept the Districts resignation of Mrs Amalie G Samoylenko as a member of the Historic Commission Districts Commission, representing the Historical Society effective Dezember 31, 1977, subject to a letter of resignation being submitted to the Town Clerk Upon motion duly made and seconded, it was voted to adjourn :at 915 p m A true record, Attest --Nj7,2_0 _,_) 7 /2 c Executive Clerk, Selectmen 136 SELECTMEN'S MEETING January 30, 1978 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building on Monday, January 30, 1978 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, Public Works/Engineering; Mrs Banks, Assistant to the Town Manager; Mrs McCurdy, Executive Clerk, were present Mass Bureau Ms Judith Wiegand, Senior Planner of the Mass Bureau of Solid of Solid Waste Disposal, met with the Board to discuss membership in the North- Waste - NESWC east Solid Waste Committee Ms Wiegand said that the annual membership fee is $200 annually, and entitles the Town's representatives to vote on subcommittee work and issues before the entire membership The proposed facility will be a 3,000 tons per day waterwall incinerator located in North Andover and will be large enough to handle solid waste for fifty communities in the northeastern area The plant will produce steam, which will be used to generate electricity, recover ferrous and non-ferrous metals (which will be sold) and result in a residue, which will be sold to paving companies for use as aggregate for road and construction pur- poses Full transportation is planned on a cost sharing basis to en- courage outlying communities The Bureau of Solid Waste Dispoal would act as the communities' representative on issues arising after con- tracts have been signed At present, the transportation subcommittee is developing a network of locations for transfer stations to imple- ment the sharing plan, and the contract subcommittee is working out the details on community representation We would like to encourage Lexington to join NESWC as soon as possible in order to participate in decision-making in these two areas Participation in NESWC would in no way obligate Lexington to use the Northeast facility for dis- posal of its waste Ms Wiegand recommended that the Selectmen con- sider having an article in the Warrant for approval of membership in NESWC Mr Hutchinson said that Town Counsel has asked that the article be withdrawn, as we are in the process of preparing alternate studies for the Board's consideration After discussion, the Board agreed to await a report from the Town Manager Mr Bailey, whose term expires in March, agreed to work with Mr Hutchinson on alternative methods of solid waste disposal Ms Wiegand retired from the meeting Senior Center The Board discussed the charge to be given to the Senior Center Site Committee Site Committee, with the understanding that the committee is to be Charge appointed as soon as possible r 137 Selectmen's Meeting January 30, 1978 CHARGE BY SELECTMEN TO SENIOR CENTER SITE COMMITTEE 1 Investigate all existing public and private facilities with specific view of accommodating senior citizen programming 2 Prepare a report and submit to Selectmen by May 15 a recommendation with alternates for this charge The report should include, but not be limited to a An investigation of all State and Federal funding that might support the renovation or building of said facility b Investigate all other needs within the community such as community services and/or recreation that might be integrated with this center and report on the desirability of such an approach c Investigate other communities' facilities as a basis of com- parison for any solution to be proposed within Lexington d Summarize estimated cost based upon said investigations The Board discussed renewal of the 1978 Lodging House license Wild Acre Inn which had been granted to Dr Bernard Yudowitiz, owner of Wild Acre Lodging House Inn, for one month and expiring on January 31, 1978 because condi- License tions existed which needed improvement or correction A report from the Building Inspector was read, stating that a secondary inspection was made by him, the Deputy Fire Chief, and the Electrical Inspector on January 23, 1978 All violations had been corrected and the owner had been most cooperative A report from the Director of Public Health stated that a com- plete re-inspection of Wild Acre Inn was made on January 27, 1978 Variations of health regulations noted during a previous inspection were corrected or were in the process of being corrected No health hazard conditions was noted at this time; the system had recently pumped and there was no evidence of any septic system overflow condi- tion The Board of Health understands that a sewer connection may be forthcoming in the foreseeable future and requests that a license renewal be made contingent upon a connection by the Wild Acre Inn to the municipal sewerage system. On November 7, 1977, the Board had approved a sewer extension to service Wild Acre Inn, at the owner's expense, subject to condi- tions outlined by the Director of Public Works/Engineering There- fore, the Board agreed to extend the Lodging House license for a period of six months Upon motion duly made and seconded, it was voted to approve the Lodging House License for the Wild Acre Inn, 50 Percy Road, for a period of six months, expiring July 31, 1978, subject to a connection to the Town's sewerage system Chairman Battin read a formal application from Mrs Joan M. 138 Selectmen's Meeting January 30, 1978 Dog Hearing Halley, 11 Barrett Road, requesting a hearing on a German Shepherd Halley/ dog owned by Mr Carl Kesselman, 9 Barrett Road, by reason of Kesselman vicious disposition and excessive barking Upon motion duly made and seconded, it was voted that Select- men Buse is to conduct a dog hearing on Tuesday, February 14, 1978, at 9 00 a m upon the complaint of Mrs Joan M Halley Permit - Chairman Battin read a request for the use of the Battle Green 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 Patriots' Day, April 17, 1978, from 5 00 a.m. to 7 00 a m. and 10 00 a m to 12 00 Noon Cary Hall Chairman Battin read a request for Cary Hall Upon motion duly made and seconded, it was voted to grant per- mission to Ms Jean Wood, Health Fair Coordinator, for the use of Cary Hall on Saturday, May 6, 1978, for a health fair Minutes The Board agreed to defer approval of the minutes of October 31, November 21, and November 28, 1977 until the next meeting Certificate Chairman Battin read a request from Secretary Guzzi for approval of of an address for Certificate of Incorporation Incorporation Upon motion duly made and seconded, it was voted to approve 19 Stratham Road, Lexington as a mail drop for The Master Singers, Inc Ambulance Mr Hutchinson advised the Board that Jeff Shaw has completed Bills his investigation on the list of uncollectible ambulance bills sub- mitted by the Collector of Taxes, and it is planned to go to the small claims court Upon motion duly made and seconded, it was voted to direct the Town Manager to proceed with the uncollectible ambulance bills and, if necessary, to take the delinquents to small claims court. Bicycle By- Police Chief Corr and the Recreation Bicycle By-Law Subcommittee Law Sub- met with the Board to discuss the Article on the proposed Bicycle committee By-Law change Chief Corr expressed his opinion that it would be a mistake to abolish the By-Law as it exists He did not believe that bicycles should operate on all sidewalks, but the Board could approve a regulation that grade school children could ride bicycles on side- walks Regarding bicycle paths, the By-Law gives the Selectmen the right to designate sidewalks Mrs Hinkle said that the Bicycle Committee would like to see enforcement of part of the State law and part of the Town's By-Law No bicycle riding on sidewalks in the business district but to have something that would allow Lexington residents to legally ride on sidewalks when they feel it is dangerous in the streets 139 Selectmen's Meeting January 30, 1978 Mr McSweeney stated that the Traffic Safety Committee's main concern is for pedestrians After discussion, Chairman Battin said that a majority of the Board would support the proposed By-Law change, but the Board will discuss the matter as we get closer to Town Meeting Chief Corr and the Recreation Bicycle Subcommittee retired from the meeting The Appropriation Committee met with the Board to discuss the Operating operating budgets, and Mr Hutchinson agreed to meet with them soon Budgets to submit additional information on differences of opinion The Appropriation Committee retired from the meeting Mr Hutchinson advised the Board that we experienced a number Sewer Problems of sanitary sewer problems and storm sewer problems with the combina- tion of melting snow and heavy rain Particular complaints have been received from the Saddle Club Road area and he had explained to a number of these citizens that we have been working on the problem. The Board agreed that this was a difficult and unique happening this year Chairman Battin requested the Board to sign the Warrant 1978 Town Upon motion duly made and seconded it was voted to sign the Warrant Warrant for the 1978 Annual Town Meeting LIST OF WARRANT ARTICLES 1978 1 Election 2 Reports 3 Lectures Committee 4 Budget 5 Collective Bargaining Supplemental Accounts 6 1977 Supplementary Appropriations 7 Unpaid Bills 8. Reserve Fund 9 Library Aid 10 Supplemental Amounts for Capital Projects 11 Street Lights 12 Appraisals 13 Tax Anticipation Borrowing 14 Curb Construction 15 Drain Construction 16 Water Main Construction 17 Sidewalk Construction 18 Sewer Agreements with Arlington for Patricia Terrace 19 Sewer Laterals Construction - $2,000,000 Bond; Federal Aid 20 Authorize Repeal of Borrowing - Art 74 of '68 A T M -No Lex Sewer Art 4 of 1-11-71 S T M -No Lex Sewer Project-$1,000,000 Art 23 of '73 A.T.M -Hayes Lane trunk sewer-$40,000 140 Selectmen's Meeting January 30, 1978 List of Warrant Articles 1978 - Continued 21 Road Machinery 22 Chapter 90-Road 23 Drainage Study 24 Inflow Infiltration Study (also provide for borrowing in anticipation of Federal Aid) 25 Westview Cemtery Development 26 Land Acquisition, Westview Cemetery 27 Recondition fire engine-trade in old engine 28. Sanitary Landfill-Curbside Recycling 29 Sanitary Landfill (Transfer Station) 30 Revaluation 31 Funding for police off-duty work details 32 Citizens Article-Senior Center Bldg (establish center) 33 Citizens Article-Build or rehabilitate building for Senior Citizens 34 School Article 35 Center Pool (Permanent Building Committee) 36 Recreation Article-Bicycle Paths 37 Recreation Article-Court Lighting 38 Conservation Articles-Dunback Meadow-Follen Area Land Transfer 39 Conservation Articles-Follen Hill Land 40 Conservation Articles-Wetlands off Blossomcrest Rd 41 Conservation Articles-Land off Grove St 42 Conservation Articles-Wetlands adjacent to Hayden Woods 43 Conservation Articles-Lower Vine Brook Land 44 Conservation Articles-Land transfer-Town-owned and Tax Title Parcels 45 Conservation Articles-Land transfer-No Lexington Brook Area 46 Conservation Fund 47 Citizens Article-Recreational and open space -- Grant St -Glen Road So 48 Burlington Strip 49 Article to authorize Selectmen to sell portion of Hinchey Road 50 Accept land on Route 3 51 Betterment Streets-Cushing St 52 Betterment Streets-Banks Ave 53 Betterment Streets-Tucker Ave 54 Filing Fees 55 Bicycle By-Law 56 By-Law re surface water or drainage from cellars, roof drains, etc , onto right of way 57 By-Law re drainage of surface water from cellars, roof drains, etc , discharged into sanitary sewer system, as defined in Article 1, Section 8, of the Town of Lexington, Sewer Users Regulations 58 Accept Chapter 100B of Chapter 41 59 Civil Service positions re Plumbing Inspector-Sealer of Weights and Measures 60 Article from Bicentennial Corp 61 Planning Board-Revisions to Section 25 of the Zoning By-Law 141 Selectmen's Meeting January 30, 1978 List of Warrant Articles 1978 - Continued 62 Creation of a Commercial Transitional Zone 63 Use Variances 64 Sign By-Law (General by-law) 65 Creation of a new Commercial Zone (CD Zone) 66 Special Permits 67 Planning Board-HUD Flood Ins (Either amendment to General By-Law pr Zoning By-Law) 68 Citizens Article - Amend Zoning By-Law - Waltham St 69 Citizens Article - Add land-Section 22 RD-multi-family dwelling (Concord Ave , Blossom St ) 70 Use of available funds for reduction of tax rate The Board agreed to table the request from Mr Daniel F Coughlan Street Lights- ; for a mercury vapor street light to replace the existing incandescent Wingate Road light at the top of Wingate Road 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 open Session meeting, for the purpose of discussing strategy with respect to litiga- tion Upon motion duly made and seconded, it was voted to adjourn at 10 pm A true copy, Attest Executive Clerk, Selectmen 142 Street Hearing on Construction Streets February 8, 1978 A formal hearing was held by the Board of Selectmen on Wednesday evening, February 8, 1978 in Cary Memorial Hall, Cary Memorial Building at 7 30 p m , for the purpose of making and establishing streets to be presented at the Annual Town Meeting in March, of 1978 Those in attendance were Mrs Margery Battin, Chairman of the Board, Mr John J McSweeney, Director of Public Works/Engineering, and Mr Peter Chalpin, Senior Engineer The Board of Selectmen's meeting was called to order by Mrs Battin, Chairman of the Board who made a motion to adjourn until Monday, February 13, 1978 at 7 30 p m At 7 31 p m the street hearing was opened for the purpose of establishing streets to be presented at the Annual Town Meeting in March, 1978, those being Banks Avenue - 800'+ from Chase Avenue to Carville Avenue Cushing Street - 425'+ from Sullivan Street to the end Tucker Avenue - 175'+ from Chase Avenue to Tarbell Avenue Mrs Battin made a motion to adjourn the hearing until Wednesday, February 22, 1978 at 7 30 p m , and that all proper authorities be notified Meeting adjourned at 7 40 p m. 143 SELECTMEN'S MEETING February 13, 1978 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, February 13, 1978, 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 A majority of the Police Manual Policy Committee met with the Police Manual Board Mr Kent, Chairman, presented the completed Manual to the Policy Comm Board He said that Sections I and II had been adopted by the Board and the Manager on May 2, 1977, and Section III covers policies and procedures to be followed on a day-to-day basis On the recommenda- tion of the committee, these have been adopted by the Chief of Police, who is a member of the committee and has acted as our liaison with the Massachusetts Association of Police Chiefs for technical and reproduction assistance, for which we are very indebted We are contemplating filing one copy with the Town Clerk and one copy is to be available at the Library The committee would be glad to receive your reactions to this particular form We would emphasize our convictions, with which the Board agreed at our earlier report, that these day-to-day policy and procedure statements were, in terms of their ultimate adoption, within the domain of the Chief of Police The reaction of the Board of Selectmen is very germane to their continuation and, if there are suggestions as to amendments, they will be considered by this committee and also will be considered by the Chief of Police most thoroughly So these reactions are invited We do not believe there is anything really dramatic in terms of the contents of the policy and procedure statements, but what is significant is that they have been reduced to writing them into a single source We would hope that the Board and the townspeople would not over-emphasize the importance of the Manual and the policies and procedures governing the day-to-day operation of the department, as the committee feels that they should be used as guidelines Mr Kent reminded the Board that the committee was appointed in June of 1976 for a term of one year and if we are to continue, we would conduct a review toward the end of 1978, taking up specific matters as they are requested Board members expressed sincere appreciation to the committee for the professional manner in which they had approached the task of preparing the amendments to the Police Manual It was agreed that the committee is to continue to function, and reappointments will be made after Town Meeting has ended Chairman Battin informed the committee that members of the Board will read the Police Manual and comments will be submitted to them The Police Manual Policy Committee retired from the meeting 144 Selectmen's Meeting February 13, 1978 Joint Meeting In response to a request from the Planning Board, a joint meet- Planning Bd ing will be scheduled on March 13 to discuss the Town's policy rela- Zoning tive to zoning enforcement The Board of Appeals will also be in- Enforcement vited to attend Reilly-Sewer Chairman Battin read a report from Mr McSweeney, Director of Abatement Public Works/Engineering, relative to a request from Mr James P Request Reilly for consideration of an abatement of the sewer betterment Walnut Street assessment on his property at 25 Walnut Street The report states that "Mr Reilly's request for an abatement is based on the fact that a portion of his lot is not topologically suited for sewering Sewer betterment assessments are not a function of lot topology but are the product of total lot frontage x a 100 ft setback x a standardized rate The department can see no reason for granting the requested abatement as the sewer was designed to service the existing lot, and service is available We would like to stress that granting an abatement for topological reasons would be setting a precedent as the only criteria used in establishing assessments are, (1) the assessment formula; (2) the availability of sewer to a lot (or any portion thereof) by gravity We, therefore, recommend that the request for abatement be denied " 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 James P Reilly for an abatement of the sewer betterment assessed on his property at 25 Walnut Street Estabrook Hall Chairman Battin read a request from the Recreation Department for the use of Estabrook Hall Upon motion duly made and seconded, it was voted to grant per- mission to the Recreation Department to use Estabrook Hall on Tuesday, February 21, from 2 00 to 3 00 p m for a "Helium Mime Show " Certificate of Chairman Battin read a request from Secretary Guzzi for approval Incorporation of a mailing address for a Certificate of Incorporation Upon motion duly made and seconded, it was voted to approve the address at 15 Captain Parker Arms, to be used as a mail-drop, for the New England Barracudas, Inc Minutes Upon motion duly made and seconded, it was voted to approve the minutes of Selectmen's meetings held on October 31, November 21, November 28, December 5, and December 12, 1977 Deeds to Chairman Battin read a request from Mr Cohen, Town Counsel, to Whipple Hill sign a deed conveying property owned by the Town in the Whipple Hill Conservation area to the Conservation Commission, as voted under Article 46 of Land the Warrant for the 1977 Annual Town Meeting Upon motion duly made and seconded, it was voted to sign the deed conveying six parcels of Town-owned land located on Winchester 145 Selectmen's Meeting February 13, 1978 Drive to the Conservation Commission, as authorized under Article 46 of the Warrant for the 1977 Annual Town Meeting; lots 34, 39 and 40A on Assessors' Property Map 28, and lots 27, 29 and 38 on Assessors' Property Map 36 The Board discussed the aftermath of the severesnowstorms on Snowstorms February 6 and February 7 Mr Hutchinson informed the Board that he is pursuing the matter of federal reimbursement for snowplowing costs; he understands that the Town will be eligible for up to 75 percent reimbursement To date, estimates are up to $200,000 As of Sunday, February 12, we have expended approximately $130,000 and we were $50,000 in the hole for the last storm. All of the major arteries in Town are open and DPW has to widen Massachusetts Avenue in the Center to help the flow of traffic Mrs Miley and Mr Hutchinson were thanked for making arrange- Express Bus ments for express bus service to Boston and return trips during the Service morning and evening commuter hours today Mr Hutchinson and the Transportation Advisory Committee are to pursue the possibility of continuing the service for the rest of the week It was agreed to publicize a resolution to ask joggers and other pedestrians to consider the difficult conditions on Town roads, to stay off the streets after dark as much as possible, and to wear reflective clothing The Board agreed to meet on Tuesday, February 21, 1978 Meeting Mr Hutchinson recommended that the Board approve the Rules and SPECIAL Permit Regulations of the Board of Selectmen Governing Special Permits, Rules & Regul which have been reviewed and aiproved by Town Counsel It is expected that a hearing will be held very soon with the developers of the Hancock School Hancock School condominiums, and all abutters will be notified of Condominiums the hearing, and a notice of the decision will be sent to the owner and applicant Upon motion duly made and seconded, it was voted to adopt the Rules and Regulations of the Board of Selectmen Governing Special Permits, as follows 1 The Board of Selectmen operates under the authority of G L c40A s 1 of the General Laws of the Commonwealth of Massachusetts 2 Public hearing are scheduled at the call of the Chairman 3 Every application for a hearing for a special permit shall be on a form provided by the Board of Selectmen and shall contain the following 146 Selectmen's Meeting February 13, 1978 a Name of the petitioner b A description of the area or premises c Street address, if any, or other adequate identification d The nature of the request being sought 4 The Petitioner shall submit six copies of the application in- cluding all plans and other materials to the Executive Clerk of the Board of Selectmen and one copy thereof to the Town Clerk The Board of Selectmen shall deliver copies of the application and supporting materials to the Planning Board, Conservation Commission, Board of Health, Engineering Depart- ment and Building Commissioner 5 The application shall be accompanied by a check payable to the Town of Lexington in the amount of $50 to cover the cost of the hearing This may be waived at the discretion of the Board of Selectmen 6 Public hearing requirements a A public hearing must be held within 65 days after the application is filed but no hearing may be held on any day on which a state or municipal election, caucus or primary is held in the town b The notice must be published in a newspaper of general circulation in the town once in each of two successive weeks, the first publication to be not less than 14 days before the day of the hearing c The notice must be put in a conspicuous place in the town hall for a period of not less than 14 days before the day of the hearing d The notice must be mailed to all abutters, owners of land directly opposite on any public or private street or way, and owners of land within 300 feet of the property line as they appear on the most recent appli- cable tax list (even if the land of such owner is lo- cated in another city or town) , the Planning Board of the town and the planning board of every abutting city or town e The special permit requires a vote of 4 of the 5 mem- bers of the Board of Selectmen in order to carry The vote of each member should be separately recorded in the decision. 147 Selectmen's Meeting February 13, 1978 7 If review by another board or commission is required, the Board of Selectmen will, within three (3) working days of filing of an application for a special permit, transmit two (2) copies of the application and accompanying plans to the reviewing agent 8 Recommendations by the reviewing agency shall be made and copies sent to the Board of Selectmen and the applicant Failure to make recommendations within 35 days of receipt of the petition is deemed to be lack of opposition 9 The Board of Selectmen must act within 90 days after the public hearing 10 If the Board of Selectmen fails to take final action upon an application within 90 days of the date of the public hearing, the special permit is deemed to be granted 11 If the Board of Selectmen grants a special permit (or an extension, modification or renewal) it must issue a deci- sion, which shall contain the following a The decision must (1) state the name and address of the owner, (2) identify the land affected, (3) indi- cate compliance with the statutory requirements, and (4) certify that copies of the decision and all plans referred to in the decision have been filed with the Planning Board and Town Clerk b The decision must contain specific findings showing either compliance with each and every requirement of the by-law or, in the case of a denial, showing non- compliance with one or more requirements c The Board of Selectmen may impose appropriate condi- tions on the permit d The decision shall state when, within 2 years, the per- mit will lapse if action is not taken under it 12. The decision and all plans referred to in the decision shall be filed with the Planning Board and Town Clerk Copies should be filed within 14 days after the decision 13 The Board of Selectmen must issue a copy of the decision certified by the Board of Selectmen to the owner and the applicant, if different from the owner 148 Selectmen's Meeting February 13, 1978 14 The decision sent to the owner must bear a certification that (a) it is a true copy of the decision by the Board of Selectmen and (b) that the decision and all plans re- ferred to in it have been filed with the Planning Board and Town Clerk 15 The decision should contain a statement that it can be appealed under G L c 40A, pp 17, within 20 days after filing with the Town Clerk 16 The following additional stipulations shall apply to all cases involving site plan approval by the Board of Selectmen a The plan shall be submitted in accordance with the procedures set forth in Sec 13 of the Lexington Zoning By-Law b The plan shall delineate all features required by Sec- tion 13 of this Zoning By-Law c The plan shall be drawn by a registered professional engineer, land surveyor or architect and be based on applicable deeds or plans recorded in the Middlesex Registry of Deeds and shown on the plan Any incon- sistency or ambiguity in the deeds or plans shall be referred for ruling to the Town Counsel or to counsel designated and retained by the Board of Selectmen at the expense of the petitioner d The scale of a plan of an overall tract may be no smaller than 1 inch equals 40 feet The site plan shall be accompanied by a plan or plans no smaller than 1 inch equals 20 feet depicting each structure and its surroundings with the detail prescribed in Rule 11 (b) above The floor area of each floor of structure shall be calculated The plans shall show clearly the number of parking spaces, driveways, drainage and provision for sewage e. Site plans shall be accompanied by a written report of the Lexington Health Department and the Town Engineer certifying the adequacy of provisions for the disposal of sewage, surface water, and any other waste incident to the proposed use This report shall be based on test borings, percolation tests or other substantial findings and shall be subject to review and acceptance by the Board The Town Engi- neer's report shall also certify as to adequacy of driveways and parking 149 Selectmen's Meeting February 13, 1978 f If the plan is submitted in multiple sheets, each sheet shall be identified to show its relation to the whole; e g , "sheet 2 of 4," etc g Each sheet of the plan shall bear a legend stating its purport, the names of the owner and petitioner, the name of the engineer who made the plan with his registra- tion number, the scale, and the date Mr Hutchinson said that he had talked with the Board of Health Garbage and it was agreed that, temporarily, garbage could be buried at the sanitary landfill as a number of people are having problems with collection due to the snowstorm However, contractors have said that they will not accept garbage mixed with trash but we believe that is because they want more money to do this The Board agreed that garbage could be buried at the landfill, subject to a further report from Mr Hutchinson Mr Hutchinson advised that the Auditors will be filing a report Auditors and will meet with the Board within two weeks Warrant Articles were discussed and each board member was assigned Town Meeting/ responsibility for the presentation of particular articles at Town Selectmen Meeting Mr Hutchinson recommended that the Board approve a transfer of Transfer $3,000 to the Elections Account #1900 to cover expenses related to the annual election and annual town meeting warrant which is to be com- bined this year with the Appropriation Committee's report The original appropriation of $5,065 has been depleted because of a special primary, special election for State representative and a Special Town Meeting in December Upon motion duly made and seconded, it was voted to request the approval of the Appropriation Committee for a transfer from the Reserve Fund to the Selectmen's Election Account #1900 in the amount of $3,000 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 the open session, to discuss strategy with respect to litigation and one matter of personal reputation After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 9 25 p m. A true record, Attest xecutive Clerk, Selectmen (��" 150 SELECTMEN'S MEETING February 21, 1978 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Tuesday, February 21, 1978, at 7 30 p m Chairman Battin, Mr Bailey, Mrs Miley, and Mr Kent; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs McCurdy, Executive Clerk, were present The Board expressed its best wishes to Mr Jeffrey Shaw, Administra- tive Assistant to the Town Manager, and wished him success in his new position in another Town Fire Alarm Fire Chief John Bergeron met with the Board Fee Mr Hutchinson informed the Board that Chief Bergeron is proposing an installation charge of $200 for those business concerns that would like to tie into the fire alarm system This has been a free service but the maintenance of the system has become an escalating cost for the Town We feel that $200 is a reasonable installation charge for a major service for any business or any home that would like to be tied directly into the fire department Chief Bergeron said that we have been looking at providing this service, which is not available to everyone The alternative of a person not using the municipal system would be to install a private system and lease telephone lines, which would mean incurring expense to the business What we are proposing is an initial hook-up fee, which would defray our costs of hook-up and testing the system In some cases in the Hartwell Avenue area, we have had businesses that would like to come into the system but, presently, we haven't expanded in that area; this would offset the cost of the cable and the installa- tion to do that Mr Kent asked if this would apply only to systems which would hook up from this time forward so there isn't an identifiable segment of the people whom we ought to give an opportunity to be heard before we do this? Mr Hutchinson replied that this is one of the reasons we have deferred on submitting another proposal which would call for those currently tied into the system paying a maintenance charge for that service We think that those people should have an opportunity to be heard Those that are not tied in could make a conscious decision whether they want to be in or out That is why we only have one proposal in front of you, recognizing the Board's concern in that area Mr Bailey said that he could rationalize that once a company is in the system, the cost of maintaining and monitoring it is more than balanced out by the ability to respond timely and be effective in what you are doing Mr Hutchinson said, for clarification, then you understand the initial cost and have no objections at a later time to a maintenance fee being proposed? 151 Selectmen's Meeting February 21, 1978 Mr Bailey replied that he has a little trouble with that Mr Kent asked whether a similar fee arrangement is under contem- plation with respect to the burglar alarms that are tied in directly to the police station; that has been suggested as an increasingly sig- nificant activity on the part of the police department, which ob- viously involves some effort and expenditure of time and money He was not suggesting that the two go together but whether that subject is under consideration? Mr Hutchinson said that, right now, there is quite a bit of capability to handle burglar alarms within the system, but we are not addressing that question of fees However, he would discuss it with Chief Corr Upon motion duly made and seconded, it was voted to approve the Vote- following (1) no new fire alarm boxes are to be installed in single Fire Alarms family residences; (2) The fire alarm system is to be expanded into industrial and commercial areas Also, a one-time charge of $200 00 is to be instituted to offset the cost of hook-up, testing, and system maintenance The Board discussed a list of nominees submitted by the Council Senior Center on Aging and other Town Agencies for appointment to the Senior Center Site Committee Site Committee Upon motion duly made and seconded, it was voted to appoint the following members of the Senior Center Site Committee C Harry Erickson, C Lynn Hamilton, Joseph 0 Rooney, Jane M Stumpp, Louis Tropeano, Martha C Wood, and Leslie H York A copy of the charge, voted on January 30, 1978, is to be sent to each committee member Mrs Nancy Banks, Assistant to the Town Manager, is to work closely with the committee The Board agreed to give consideration to the appointment of a citizen whose resume has just been received Chairman Battin read a report from the Traffic Safety Committee Traffic Safety- relative to a request from Mr Neil B Turner, 136 Concord Avenue, Concord Avenue that the Town cut away the embankment on his property and grant him permission to install a curved mirror on a pole opposite his driveway The report states that, due to the horizontal and vertical alignment of Concord Avenue at this point, cutting the banking will not signifi- cantly improve visibility from the driveway However, the committee feels that some degree of improvement can be attained, and recommends that DPW/Engineering contact the affected abutters and, if agreement can be reached regarding making a spot highway maintenance improve- ment without taking sight distance easements, a work order for such improvement be issued The committee also recommends that Mr Turner be given permission to have a curved mirror opposite his driveway, to be supplied by Mr Turner and installed by the Town Upon motion duly made and seconded, it was voted to approve the recommendation of tht Traffic Safety Committee for a curved mirror, 111 supplied by Mr Neil B Turner, to be installed by the Public Works 152 Selectmen's Meeting February 21, 1978 Department opposite the driveway at 136 Concord Avenue Mr McSweeney was requested to contact the abutters to discuss highway improvements in the area Noise Chairman Battin read a report from Mr George Smith, Director Complaint- of Public Health, relative to a letter received from Mrs Janet Legere Highland and Mrs Nancy Bray of Grapevine Avenue complaining about the noise, Food Mkt particularly at night, from the refrigeration unit on top of the Highland Food Market, 321 Marrett Road The report states that night noise level monitorings, taken by the Massachusetts Department of Environmental Quality Engineering, showed no violations as of Novem- ber 21, 1977 Noise levels were taken at the source of the alleged violation and in front of Mrs Leger's property at 16 Grapevine Avenue Therefore, it is suggested, that since no violation could be established on different occasions by Department De artment of Environ- mental Quality Engineering, that the Board of Selectmen handle the situation as it did on the previous complaint from Mrs Legere in 1974, by requesting the Manager of the Highland Food Market to co- operate Mr Hutchinson agreed to talk with the Manager of the Market, to discuss some means of muffling the noise of the refrigeration unit Solid Waste Chairman Battin said that it had been suggested several times, Committee both members of the Board and the Manager, the possibility of consoli- dating into one committee our regional refuse study committee and the sanitary landfill advisory committee Upon motion duly made and seconded, it was voted to consolidate the regional refuse study committee and the sanitary landfill advisory committee into one committee to be known as the Solid Waste Advisory Committee Mr Hutchinson is to contact members of both committees to see if they would be willing to serve on the consolidated committee Regional Refuse Study Committee - James P Reilly, Peter J Cambourelis, Joyce Hals, Iris G Wheaton, Joan P Crothers, Warren A Empey; Sanitary Landfill Advisory Committee - William J Martin, Susan S Solomon Mr Fred C Bailey agreed to serve on the committee as Technical Adviser to the Town Manager Election Day The Board discussed the request from Ms Jacqueline Ward, 15 Banner Robinson Road, for a "Vote Today" banner to be strung across Massa- chusetts Avenue in Lexington Center on Monday, March 6, 1978 Mr Hutchinson agreed to make arrangements for the banner and signs at precincts to be installed by the Public Works Department Town Mr Leo Gaughan, Chairman, and members of the Town Celebrations Celebrations Committee met with the Board to request an increase from $7,000 to Committee $10,000 in their FY 79 budget a Mr Gaughan informed the Board that the committee feels that a budget of $7,000 would not be adequate and it would prefer not to depend on sponsorships 153 Selectmen's Meeting February 21, 1978 During the discussion, the Board agreed that the committee's budget has been increased by $500, and it was recommended that efforts be made to obtain sponsorships, as the committee has done in past years The Town Celebrations Committee retired from the meeting Chairman Bat tin read an application for a Common Carrier license Common Carrier Upon motion duly made and seconded, it was voted to sign the Pierce Transit Common Carrier license for Pierce Transit Co , Inc , Dracut, to transport Greater Lowell residents to their places of employment in Lexington with two stops at Hartwell Avenue/Wood Street and Hartwell Avenue/Maguire Road; license expiring December 13, 1978 Chairman Battin read requests for the use of Cary Hall Cary Hall Upon motion duly made and seconded, it was voted to grant per- mission to the Masterworks Chorale to use Cary Hall for a rehearsal on March 14, 1978 from 3 00 to 5 30 p m and 7 00 to 11 00 p m The Board discussed the request from the Minuteman Home Care Corporation for permission to use Cary Hall for meetings It was agreed to inform them that the Board does not give blanket permis- sion to any private or Town agency to use the hall at will However, if a schedule of dates is submitted, the Board would be glad to grant approval Upon motion duly made and seconded, it was voted to grant per- mission to the Bicentennial Commission to conduct a workshop in Estabrook Hall on June 10, 1978 from 9 00 a m. to 12 30 p.m , sub- ject to payment of custodial fee Mr Hutchinson recommended that the Board approve the request DPW Transfer from Mr McSweeney, Director of Public Works/Engineering, for a Snowstorm transfer of $50,000 to cover expenditures incurred during the January 20 to 24 snowstorms and the February 6 to February 16 blizzard expenses Upon motion duly made and seconded, it was voted to accept the recommendation of the Town Manager and the Director of Public Works to request the approval of the appropriation Committee for a transfer from the Reserve Fund to Account #5500-Snow Removal in the amount of $50,000 Mr Hutchinson informed the Board that Lexington is eligible for 75 percent reimbursement for expenses incurred during the February 6 storm and if we receive it, we may not have to ask for more transfers Mr Hutchinson informed the Board that the report of the Sewer Sewer Advisory Advisory Committee, dated February 6, 1978, has been received Copies Committee will be distributed to the Board Report Upon motion duly made and seconded, it was voted 4-0 by roll call Executive vote into Executive Session for the purpose of discussing strategy with Session 154 Selectmen's Meeting February 21, 1978 respect to litigation and negotiation on property After discussion, it was voted to go out of Executive Session and resume the open meeting Stoico Mr Cohen requested the Board to sign the release of easements, Easements as requested by Mr Louis Stoico, and approved by the December 1977 Special Town Meeting Upon motion duly made and seconded, it was voted to abandon road, sewer, drain and water easements granted to the Town by George J DeVries and John S DeVries, a partnership doing business as Lexington Development Company, by instrument dated November 2, 1959, recorded with Middlesex South Registry of Deeds, Book 9492, Page 188, as such rights and easements cross Lots 9, 10, 11, 12, 13, 14, 15, 16 and 17 on an approved subdivision plan entitled "Lowell Estates, Section 2 in Lexington, Mass ", recorded with said Registry, Book 12910, Page 246, for the benefit of Village Development Corp Upon motion duly made and seconded, it was voted to adjourn at 1026 p m A true record, Attest ?)2C 1 Executive Clerk, Selectmen I r r SOD Street Hearing on Construction and Chapter 90 Streets February 22, 1978 On Wednesday, February 22, 1978 a formal hearing was held by the Board of Selectmen in Cary Memorial Hall, Cary Memorial Building for the purpose of establishing streets to be presented at the Annual Town Meeting in March of 1978 Those present were Mrs Margery Battin, Chairman of the Board, Mrs Mary Miley, member of the Board, Mr John J McSweeney, Director of Public Works/Engineering and Mr Peter M. Chalpin, Senior Engineer The meeting was called to order by Mrs Battin, who read the minutes of the February 8, 1978 meeting which was postponed due to snow Mrs Battin went on to say that we were there to hear the pros and cons of all concerned and to see which streets the Board will vote to layout at their Board Meeting on Monday, February 27, 1978 She also stated that these hearings were required by law and that each person would be given an opportunity to speak in favor or opposition, and to ask questions Mrs Battin then introduced Mr McSweeney and Mr Chalpin and asked Peter Chalpin if he would give a short outline on betterments Mr Chalpin held up a formal petition and referred to assessments and outlined procedure by which they were determined The hearing opened on Banks Avenue The description, 800'+ from Chase Avenue to Carville was read by Mrs Battin who also stated that all the plans were on the wall and any questions regarding those plans would be answered after the hearing Mrs Roberta Cochran - 10 Banks Avenue asked if they were or were not going to include sidewalks Peter answered that the plans still call for sidewalks, but it is up to the Board Mr Cochran also of 10 Banks Avenue said that for the past couple of years he has taken the petitions around, and all the residents are against having a sidewalk Mrs Battin asked if there would be any difference in price Peter answered that at the time of construction it would not be that great, but in 3 to 5 years there would be a significant difference Mr Robert King - 9 Banks Avenue asked what side of the street the sidewalk would be on Peter Chalpin answered on the odd numbered side Mr King asked how wide the street would be Mr Chalpin aswered - 24 ft Mr McSweeney explained that there would be two separate better- ments One for streets, and one for sidewalks Trudy Smith - 108 Pleasant Street asked if the long drainage problem would be solved Mr McSweeney answered, "yes it will be " 1.5(3 Street Hearing February 22, 1978 Ms Smith also wanted to know if the street would be coordinated with the driveways Peter answered that when the streets are designed a "drive-way apron" is included so that water will not run into the driveways Mr Robert King asked if the street is approved, would it be constructed this year Mr McSweeney answered, hopefully, yes Mrs Battin asked if there were any other questions Trudy Smith - 108 Pleasant St asked if Banks Avenue was a priority street Mr McSweeney answered that all three were priority streets, and said that is why they are in this budget There were no further questions and the hearing was declared closed on Banks Avenue Cushing Street Description, 425'+ from Sullivan Street to the end Read by Mrs Battin Mrs Ann Norcott Taylor - 16 Cushing Street asked what the colors on the map meant Peter Chalpin stated that green represented grass, yellow-pavement, and the red indicated the trees which were coming down Mrs Taylor asked why the sidewalk stopped before the turn-a-round Peter answered that this seemed like a reasonable point for cut- off as there were no houses in the turn-a-round Mr Thomas Sullivan - 2 Cushing Street stated that the people definitely do not want sidewalks There were no further questions and the hearing was declared closed on Cushing Street Tucker Avenue Mrs Battin read the description, 175'+ from Chase Avenue to Tarbell Avenue Mr Stephen Weiss - 50 Tucker Avenue asked how it was decided if street is to be accepted Mr McSweeney answered that it was based mostly on the "need", which streets need it more; and also on the signatures, how many sign the petition Mr Weiss went on to say that his is the only portion of his area that is not accepted, and that it is in such poor condition that trucks ride over his property; he has trouble getting into his drive- way because of pot holes, and has had general hardship for years, not just recently (Mr Weiss presented us with pictures of the condi- tion of the street in front of his property ) He also asked if a s/w would be installed Peter answered, "yes" Mr McSweeney explained that until past at meeting, and until shown that there is a definite need for it, the sidewalk is usually deleted unless engineering comes out very strongly for them Mr Julian Bussgang - 43 Peacock Farm Road stated that he was in favor of the acceptance of Tucker Avenue 157 Street Hearing February 22, 1978 Mrs Ilda Field - 20 Chase Avenue also spoke in favor of the acceptance of Tucker Avenue Mr Paul J Nicholson a member of the Street & Sidewalk Design Advisory Committee stated that when they contemplate putting in sidewalks they take into consideration the needs of children, the elderly and the blind He went on to say that they get many complaints from people regarding these sidewalks Mr McSweeney and Mrs Battin told the residents to write letters in opposition of the sidewalks to the Board There were no further questions and the hearing was declared closed on Tucker Avenue Mrs Battin explained that the last street up for consideration was Adams Street and that this was not a formal hearing She said that this was an excepted street but was up for reconstruction under Chapter 90 (State funds) and that the Board would like to keep the people up to date on what is going on, also explaining that if it is accepted for reconstruction it would not be done for 4 years Mrs Battin stated that Mr Robert Kent, a member of the Board of Selectmen could not be present this evening as he had a previous commitment in North Lexington Mr McSweeney went on to explain that Adams Street was the street voted by the Board of Selectmen for reconstruction under Chapter 90, funded under 376 A second street which must be desig- nated (required by law) was East Street, from Lowell Street to the Burlington Town Line Mr McSweeney read the description, Adams Street - 3,400' long, layout width 50' , roadway 28' wide, the sidewalk as it exists, no takings and approximately 38 trees to be removed He said that there were 3 critical spots - 1 ) Adams Street at East Street, 2 ) At the Guard Rail and 3 ) North St at Adams St on North Street going towards Burlington. Mr McSweeney also said that there would be no change in the alignment from North Street to Emerson. Mr Edward Owens - 82 Adams Street asked if this was the same proposal up for consideration a few years ago and defeated, and wanted to know why it was being considered now Mr McSweeney answered because of the many requests from the people in town, and the need for realignment One resident asked if the Town knew that Adams Street at the Burlington line was private property Mr McSweeney said that we would check into it Mr George Bacigalupo - 89 Adams Street (Against Reconstruction) says it is heavily travelled now and will turn into a raceway Mr Edward Jervis - 111 Adams asked, 1 ) Where is the existing street 28 ft wide, and secondly, said that he had requested accident reports from Captain Lima, and that most of the accidents occurred at the intersection of East & Adams Sts , and that he cannot see 158 Street Hearing February 22, 1978 changing the character of the entire street when onlya few spots are g g P hazardous Mr McSweeney stated that he said it was hazardous at East Street, but he did not say the entire street was 28' wide Mr Joseph Doherty - 74 Adams Street asked if it were voted down at Town Meeting, would the State take precedence Mr McSweeney answered "no " Mrs Jervis - 111 Adams Street asked what the actual cost of con- struction would be Mr McSweeney said $180,000 to $220,000 and that we are request- ing $60,000 per year over a 3 year period He also explained that what was left over from the Hancock Street (Chapter 90), approximately $100,000 could be applied to the Adams Street project after the com- pletion of the Hancock Street project (1 more year) He also said that this money had to be transferred by Town Meeting Mr William Warner - 71 Adams Street asked if the existing side- walk will stay as is Mr McSweeney answered, "yes" Mr Alvar Melvin - 81 Adams Street questioned the tree takings, and wanted to know what would be used as a retainer Mr McSweeney said that where they have to they would put up a small stone wall Mr Bayliss - 92 Adams Street questioned the alignment and the speed of traffic Mr McSweeney stated that there would not be ideal conditions or control, and said that the design speed would still be 30 mph He also said that to improve the alignment both vertically and horizon- tally you would have to get at least 28 ft of pavement for good de- sign if spending that kind of money Mr McSweeney said that there would be a small taking at the corner of Burlington and Adams Street Mr Jervis - 111 Adams Street asked why change it if the resi- dents like it the way it is Mr McSweeney said because it is an arterial and collector street Mr Jervis asked what would happen to the drainage problem Where will it drain to? Mr McSweeney said that it will drain into the Vine Brook Mr Joseph Doherty - 74 Adams Street asked if the drainage prob- lems would be alleviated Mr McSweeney answered, "yes" A resident asked if the signatures on the petitions mean anything Mr McSweeney said they always have in the past Another resident said to be sure to look into the statement that Adams Street at the Burlington Line was private property Mr McSweeney assured him that we would There were no further questions and the meeting was adjourned at 9 30 p m. I 1 Submitted by Mary B Winsor 159 SELECTMEN'S MEETING February 27, 1978 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, February 27, 1978, at 7 30 p m. Chairman Battin, Mr Bailey, Mrs Miley, and Mr Kent; Mr. Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assistant to the Town Manager, and Mrs McCurdy, Executive Clerk were present At the request of the Town Clerk, the following jurors were drawn Jurors Christopher R Cady 34 Fletcher Avenue Martin J Quinlan 20 Bernard Street Stephen I Owren 87 Kendall Road Janice DeSimone 53 Webb Street Mildred M. Armstrong 8 Larchmont Street Frederick G Aufiero, Jr 6 Volunteer Way Ervin F Lyon III 25 Heritage Drive James B Williams 10 Stratham Road Representative Lincoln P Cole, Mrs Joyce Hals, Mrs Elaine Express Bus Dratch, and Mr Hal Singley met with the Board to discuss the ex- Service press bus service to Boston Mr Hutchinson said that Lexington may apply for a 90-day permit for a private bus company from the Department of Utilities, and there doesn't seem to be any problem with the MBTA Schedules could be worked out for service during commuter hours at a reasonable fee It was agreed that details will be worked out by the Town Mana- ger's office and the Transportation Advisory Committee Upon motion duly made and seconded, it was voted to authorize the Town Manager to proceed with the implementation of express bus service to and from Boston All interested persons retired from the meeting Chairman Battin read an application from Lee Ann's Restaurant for Common a Common Victualler license The Board of Health has made a final Victualler inspection and recommends approval Lee Ann's Upon motion duly made and seconded, it was voted to sign the Common Victualler license for Lee Ann's Restaurant, 1720 Massachusetts Avenue, with the hours of operation of 11 00 a m to 12 00 Midnight on Monday through Saturday; 1 00 p m. to 12 00 Midnight on Sunday Mr Sam Nablo, Chairman of the Town Report Committee, met with 1977 Town the Board to report that the 1977 Annual Town Report will consist of Report 152 pages; the use of photographs has been reduced and reports of boards, committees and department have been condensed There will be 700 copies of parts I and II and 9,400 copies of part I, at a 160 Selectmen's Meeting February 27, 1977 total cost of $4,200 Townwide distribution will be made by March 18, 1978 Mr Nablo thanked Mr Hutchinson, Jeff Shaw, the Planning Board office for technical support and layout, and Mrs Helen Coombes of the Selectmen's office for typing the entire Town Report The Board thanked Mr Nablo and he retired from the meeting Cushing The Board discussed Banks Avenue, Cushing Street and Tucker Street Avenue Chairman Battin said that she had conducted the street hearings on February 22 in Cary Hall and Mrs Miley was present The Town Manager has recommended that no streets be presented to Town Meeting this year, and we can opt to go that route or decide to do one, two, or three streets A report from the Planning Board recommends the following Cushing Street That the street be constructed laid out, with the exception of the deletion of the sidewalk Banks Avenue That the street be constructed as proposed Tucker Avenue That the pavement be shifted to the north to avoid the 24-inch tree within the right-of-way Adams Street No recommendation at this time Chairman Battin read a report from the Street and Sidewalk De- sign Advisory Committee stating that Mr Nicholson had attended the street hearings on February 22 and had examined the drawings prepared by the Public Works Department; these plans appear to be consistent with prevailing design standards and therefore no obstacle is seen in the proposed acceptance The committee recommends however that for those streets where abutters wish to exclude a sidewalk, the abutters include in their petition a statement that the safety of children, elderly and infirmed neighbors is not thereby compromised and that no blind persons will be deprived of the use of the street because a sidewalk is lacking This latter provision is considered necessary due to the greatly increased hazard to blind persons caused by poor or non-existent sidewalks Comments on the Chapter 90 reconstruction of Adams Street will be supplied at a later date after the full committee has had a chance to review it Mr Martin, Assistant Town Engineer, said that the estimated cost of Cushing Street is $50,000; length of the layout is 425 ft ; 40 ft wide layout with a 24 ft pavement centered in the layout The origi- nal plan included a sidewalk on the westerly side and a taking from the Town-owned parcel for a cul-de-sac at the end of the street Eight trees are scheduled to be removed but if the sidewalk is deleted, it would lower the number to two trees There are six homes which would be assessed betterments, and one corner lot which was previously assessed; total betterments of $9,684 53 161 Selectmen's Meeting February 27, 1978 III Mr Hutchinson said that the net remaining is $41,000 and that might be modified if the sidewalk is cut out, and would be picked up by the Town The benefit costs are approximately $7,000 a lot Mr Martin said that this figure in terms of benefit return is typical of what we run into in any other streets we calculate It is important to discuss how we got into this position; the betterment formula is based on the average cost per street - the average cost of street construction over the last three years - and is divided on a per front-foot basis to 1/3 to the left abutter, 1/3 to the right abutter, and 1/3 to the Town The problem is that we haven't built any construction streets (other than Belfry Terrace which was really not a typical construction street project) for more than three years Inflation has really eaten into the betterment assessment formula, and this is true of sewers also Chairman Battin asked if this is something we can change inter- nally or is it by statute? Mr Cohen replied that it is governed by the Massachusetts Gen- eral Laws Chairman Battin said that if we construct the streets this year, this will give us a basis for the future and will bring it up to a more equitable 2/3 cost to the abutters Chairman Battin added that the seven abutters have petitioned for three years and all are in opposition to having a sidewalk con- structed Mr Martin said that the estimated cost to construct Tucker Tucker Avenue Avenue is $22,000; length of the layout is 175 ft with a 40 ft wide layout There are small land takings required for corner roundings amounting to 50 sq ft on all four corners There are four homes and all are on corner lots; two were completely assessed previously and the other two are paying the proportionate distance on the longer side This betterment return is $1,028 30 The estimated cost to construct Banks Avenue is $78,000; length Banks Avenue of the layout is 800 ft ; 40 ft wide layout with a 24 ft pavement There are 15 trees proposed for removal but five could be saved by the elimination of the sidewalk, and these are along the houses There are 12 homes and 6 vacant lots, three of which are Town-owned There are 8 corner lots previously assessed; $14,102 41 is the total assessment Chairman Battin said that there are 17 private owners and 16 signed the petition which had been submitted for three years They did not petition this year but two Town Meeting members from the area spoke very strongly in favor of it During the discussion, the Board was in favor of voting on one street, Banks Avenue, with a future decision to be made on Cushing Street and Tucker Avenue However, after discussion of Adams Street, the Board agreed to lay out the three streets 162 Selectmen's Meeting February 27, 1978 Voteo layto t Upon motion duly made and seconded, it was voted la the y out out streets following streets to be presented to Town Meeting for acceptance Banks Avenue 800'+ from Chase Avenue to Carville Avenue Cushing Street 425'+ from Sullivan Street to end Tucker Avenue 175'+ from Chase Avenue to Tarbell Avenue Adams Street The Board discussed Adams Street and the hearing held on February 22 Mr Hutchinson The old plan called for 30 ft , sidewalks on both sides, 51 trees This proposal, while it doesn't fully meet the Hancock Street dimension of 26 feet, is for 28 feet with sidewalk on one side; 38 trees within this taking; the full intent being that it will be further modified based upon hearings over the next four years as you are funding to go to perhaps something more compatible with what has been previously addressed Perhaps we could have articulated that better the other evening These was a change and it wasn't what the Board was fully expecting Mr Martin It is important that we not make the same mistake that we already made to this point and that is what we understand that you cannot do Adams Street the same way that Hancock Street was done There are certain design criteria that prohibit that If you just look at Hancock Street, it is as flat as a pancake and as straight as an arrow, which means your sight distance is excellent The exist- ing pavement is fairly well centered within the layout The layout itself is not a uniform width; it varies down to 44 feet With Adams Street, it is a uniform layout of 50 feet The existing pavement is by no stretch of the imagination centered in the layout The exist- ing pavement in some cases is within a foot or two of being outside the layout, which means that if you are going to have any kind of an alignment within that road that makes any sense, you have to move the pavement over and center it in the layout The 28 ft vs 26 ft pavement gives you a much greater horizontal as well as vertical sight distance possibility because we have both problems on Adams Sreet - a vertical sight distance on North Street and horizontal at the curve around East Street So, to make any commitment to go to a 26 ft pavement at this time is not a feasible concept It would require a further review with the State We would be glad to explore that with the State but, based on our preliminary engineering, it will be necessary to satisfy the State that a pavement of much less than 28 feet will satisfy the engineering criteria Mr Hutchinson For the 100% funding, if you don't meet the criteria, they won't fund it, or there would be a reduced level of funding Mr Bailey Based on comments received last week, how much addi- tional latitude do you think you have in this plan to cope with the kind of difficulty which you can see arising as you pursue this further? Mr Martin The kinds of things that we could probably do would 163 Selectmen's Meeting February 27, 1978 be to make minor shifts in layout locations to work around trees - isolated trees To narrow the entire pavement down further, it is probably not within the realm of good engineering practice, which we suspect will be the State's answer We fully intend to review this with the State if it is the Board's desire to proceed with this, as to exactly what we can and cannot do by their standards, but I suspect the types of things we can do are just minor modification of the pavement location to work around some trees The other thing you have to realize is, on Adams Street you are talking about some pretty substantial trees and, if we are talking about any kind of excavation and reconstruction in there which the layout of the pavement now dictates, we will be cutting some of those roots, and whether the tree itself has to be physically removed The fact that we are doing some root damage may mean that the tree would eventually die anyway; so, I think it is just a fact of life that we are going to lose a certain number of these trees regardless of what we do Mrs Miley To me, a very important point was brought up and I haven't heard it refuted yet, and may it could or should be I don't know, but the neighbors who have been living with this for a such a long period of time seem to feel that the accidents were basi- cally at the corner of Adams and North Streets and, as any of us who travel that know, that there were not an overly large amount along Adams Street itself I am going back to what I said many years ago at Town Meeting, that I don't want to take money from the State to widen the street just because the money is there I don't know what has to be done to Adams Street except correct one terrible corner Chairman Battin That's what they (residents) keep saying, that the accidents are primarily at the intersections and how does widening the street, if they go faster, take care of accidents at the intersections? Isn't it enough to post the speed limits to control it, designate the intersections, etc ? Mr Martin I don't have recent accident data but there is data here from 1960-68 which indicate that the accidents along Adams Street - and since we haven't done anything to Adams Street - I don't think it would be anything different to substantially change it The accidents are pretty spread out along the entire road - Hathaway Rd , North Street, East Street, 79 Adams Street, Emerson Road, Millbrook Rd , etc Yes, there are a lot of accidents at North Street and it is probably the worst location along the street Chairman Battin They said, "At the intersections " They didn't say just one intersection Again, their feeling was, "Yes, that's right but widening it so people will drive faster, that is going to exacerbate, not improve it " Mr Martin. That's an argument for which there is no engineering answer Chairman Battin Yes, but they're concerned and that's not going to help 1.64 Selectmen's Meeting February 27, 1978 Mr Bailey I have a suggestion on one way to approach it-I happen to think that Adams Street needs help and if not all over, at least a good half of it; there are certain stretches that perhaps don't but I don't think we are going to solve all the difficulties between now and when it comes up at Town Meeting but there are two or three points (1) It is going to take at least three years for money before you can get the job finally engineered and out to bid I think the thing to do is approach it the same way we did on Hancock Street, which is to tell everybody to keep calm, that the commitment of the money the first year doesn't necessarily mean that it is going to end up there unless the residents and Town Meeting are happy with it for the whole, as it unfolds, next three years or so And then immediately after Town Meeting, start working with, if not everybody along Adams Street, but with a selected group and let them put together a team to see if you can start defusing some of these very difficult issues - a big tree here and one there - so that by the time you come to the next Town Meeting, you know whether or not there is a prayer of ever getting the bulk of residents to agree, and hence the Town Meeting We have had very good experience with what happens if they don't go along with it A year from now you are going to have something that you are going to know pretty well whether it is going to fly or not Mr Kent I am essentially in agreement with that I do think on a project of this sort that we ought not to start from the most intolerable proposal from the standpoint of the abutters and then attempt to work back from it It seems to be at the outset we have to recognize that this, unlike Hancock Street, is going to take a custom designed job if it is going to be remotely acceptable to the people who live there, and it seems to me that it ought to be I hear you that we can't set a narrower width and make it go all the way through but it does seem to be that we have to look at every 10 feet of this particular street as to what do we do at this particular cor- ner My question is, in terms of the procedure in starting us going in utilizing Chapter 90 funds, how detailed do we have to be at the point we first go in? In other words, do we have to do it in relation to a particular plan - and if it is the one that went into that hearing the other night, we've got some trouble, and we ought to have some trouble Chairman Battin They are going to fight it? Mr Kent And with very good cause So my question, first of all from a standpoint of requirement in order to qualify for State purposes, what do we have to do by way of presentation of a plan at the outset and if we do have to do something, is it possible within the next couple of weeks at least to achieve a starting point which will itself demonstrate to the people who are intimately concerned that we've already indicated a desire to move back substantially from the point they believed we were at the hearing? Mr Bailey As far as the State is concerned it's just a ques- tion of designating the street this year and have a rough start on 165 IllSelectmen's Meeting February 27, 1978 something We are acting in good faith and we are just saying that Adams Street is one that we wish to designate and we will also be designating an alternate, I think. As far as the State is concerned, that's it. Mr Martin agreed Mr Kent So it is possible for us to go to the Town Meeting and ask for a designation of Adams Street and at the same time make it clear that as far as we're concerned we are not talking about pushing the specific plan which was the subject of the hearing last week That's perfectly possible from a legal standpoint if that is something that we care to do On that basis, I think I'd like to give it a try but otherwise Chairman Battin That is something that we ought to tell the abutters ahead of time because they were afraid that once there was the first vote, they were stuck and were embarked on a road and we couldn' t withdraw We will have to be very clear that not only can we withdraw but that we will withdraw Upon motion duly made and seconded, it was voted that the Board Adams Street of Selectmen will proceed with its plan to designate Adams Street as Vote the Chapter 90 Construction Street, with the clear understanding that the Board does not endorse the specific plan which was dis- cussed at the hearing, and that the Board intends to pursue the sub- ' ject with interested people in the neighborhood at every stage of the proceedings The Board agreed to write to the Adams Street residents and in- vite them to a brief discussion at the Selectmen's meeting on March 6 Mr Cohen recommended that the $60,000 for Chapter 90-Adams Street be put on the tax rate and it could be borrowed Chairman Battin read a request from Mr Harvey W Newgent for a Sewer-Newgent sewer connection to service two lots adjacent to 136 Cedar Street, Cedar Street which he owns and plans to sell Mr Newgent agreed that something had to be done by the Town to alleviate the sewer problem but he felt that single lots on a finished street with existing sewer available is a different situation from large developments not being allowed to connect at this time The Board agreed with Town Counsel's recommendation that special consideration is not to be given to this request. Upon motion duly made and seconded, it was voted to accept the recommendation of Town Counsel to deny Mr Harvey Newgent's request for permission to connect the two lots adjacent to 136 Cedar Street to the Town sewer system. Chairman Battin read a request for the use of the Battle Green Permit - and Buckman Tavern grounds Battle Green Upon motion duly made and seconded, it was voted to grant per- , mission to the Lexington Minute Men, Inc , to use the Battle Green 166 Selectmen's Meeting February 27, 1978 and Buckman Tavern grounds Upon motion duly made and seconded, it was voted to grant per- mission to the Lexington Minute Men, Inc , to use the Battle Green and Buckman Tavern grounds for a rehearsal of the reenactment on Sunday, April 9, from 2 00 to 4:00 p m. Emergency Snow The Board agreed to appoint Mr Hutchinson as the Town's repre- Removal sentative on snow removal reimbursement costs Reimbursement Upon motion duly made and seconded, it was voted to designate Mr Robert M Hutchinson, Jr , Town Manager, as the authorized repre- sentative of the Town of Lexington to file the necessary documents and to complete the process of obtaining reimbursement of costs in- curred by the Town for snow removal during the period of February 7, 1978 to Midnight on February 12, 1978 Certification Mr Hutchinson informed the Board that it is necessary to certify of State of to the Bureau of Accounts that the Board of Selectmen declared an Emergency emergency for the storm period, so that we can expend beyond our appropriations, which we have already done It is permissible under the guidelines to declare the emergency retroactively, ratifying the actions of many emergency meetings held by the Selectmen and the Manager immediately after the storm The certification not only recognizes the declaration of an emergency but it is a procedural matter which references what we have in the Reserve Fund, in Certi- fied Free Cash, and Overly Surplus Chairman Battin read a draft of a letter to be sent to Mr Edward G McCann, Jr , Director of the Bureau of Accounts as follows: "In accordance with Section 31, Chapter 44 of the General Laws and your letter of February 17, 1978, please be advised that the Town of Lexington Board of Selectmen voted on February 27, 1978 to declare that a state of emergency did exist in Lexington as a result of the blizzard of February 6 and 7, 1978 It is estimated that the total liability incurred under this emergency could reach $277,300 The following balances are available in the accounts named (a ) Reserve Fund $58,074 (b ) Certified Free Cash 65,239 (c ) Overlay Surplus 31,089 " Upon motion duly made and seconded it was voted that the above communication relative to the snow emergency be adopted in principle, with the details of the wording to be worked out between the Town Manager and Town Counsel Also, Chairman Battin was authorized to sign the letter to Mr McCann Water Chairman Battin read a request from Mr McSweeney for abatement Abatements of water bills Upon motion duly made and seconded, it was voted to approve the recommendation of the Director of Public Works/Engineering to abate 167 Selectmen's Meeting February 27, 1978 the following water bills J P Heaney 31 Chase Avenue $38 75 Incorrect Meter reading-owner W B Mashard 6 Dexter Road 119 70 " " -Meter Man Occupant 353 Concord Ave 11 25 Two houses/same meter no Chairman Battin read an application for renewal of an Auctioneer's Auctioneer's license License Upon motion duly made and seconded, it was voted to sign the Robert N Cann Auctioneer's license for Mr Robert N Cann, 5 Castle Road, expiring March 31, 1979 Chairman Battin read a letter from Mrs W Wilson, 103 Meriam St , Crosswalks expressing her concern about the safety of pedestrians within cross- walks, and recommending that a campaign be launched to educate both drivers and pedestrians Mrs Miley stated that the best way to edu- cate the public is to have the children bring the information home from school Last summer, she and Mr Bailey spoke to the Board about crosswalks and the Manager was to come back with his recommenda- tions Mr Kent pointed out that there are no crosswalks painted on Massachusetts Avenue now and if they are painted three or four times a year, the Police are in a position to deal with transgressors Chairman Battin agreed Mr Hutchinson explained that he did bring this to the Police De- partment and asked for a program to be submitted He further asked for an investigation of different types of crosswalks, using rubberized material inlaid in the pavement, and to look at funding to pursue some- thing under LEAA He is waiting for the report from the Police He realized that paint disappears and perhaps the answer is to have a combination of signs and something more permanent than paint, which would also be more expensive but would last a while longer He will submit a report to the Board within the next 30 days with recommenda- tions on what has to be done Chairman Battin stated that there is a sense of urgency which should be conveyed to the Police Department The Board discussed a report from Mr McSweeney regarding Article Article 49 49 of the 1978 Annual Town Meeting Warrant on the sale of the discon- Hinchey Road tinued portion of Hinchey Road The report states that the article was initiated by a letter from Mr Colangelo indicating his interest in purchasing the land We make no recommendation except that we see no advantage to the Town by holding this parcel; current zoning re- strictions make this land of little value to anyone but the abutters In this regard, we would recommend that if the Board supports the dis- posal of this land that Hewlett Packard, the abutter to the south, to be so informed and if interested be included in any proceedings Also, that all interested Town Boards and Committees be informed 168 Selectmen's Meeting February 27, 1978 Mr Hutchinson agreed to contact both parties and inform them that g the Town has determined that the Hinchey Road land is in excess of its needs and it could be of potential value to them as abutters They will be asked to let Mr Hutchinson know if they are interested in acquiring the land Warrant Warrant Articles were discussed and Chairman Battin recommended Articles that the Board be prepared to take a position on bicycle paths, Senior Center, the pool, etc at the meeting on March 13 Real Estate Mr Hutchinson read a memo from the Comptroller stating that the Taxes first half of the 1978 Real Estate taxes, due on November 1, 1977, was $10,748,000 and, as of January 30, the Town has collected all but $133,000 Auditors' Mr Russell, Mr Murphy and Ms Bates of the auditing firm of Report Arthur Andersen & Co , Boston, met with the Board Mr Russell dis- cussed the memorandum on accounting procedures, internal controls, the financial statements as of June 30, 1977 and the Auditors' report The status of the audit is that the field work has been essentially completed and a draft of the management letters and the financial statements have been prepared The management letter has been re- viewed with Mr Hutchinson and Mr Perry, and some of the aspects have been reviewed with the water department and Mr Zehner We were charged with the task of putting together a set of financial statements that reflected the financial posture as of June 30, 1977 and the re- sults of the operation for four and one-half years ending that date We put together a package that adheres to accounting principles and, as such, would be acceptable and in accordance with the federal revenue sharing guidelines It also would be a product that could be included in the Town bond offering We were also charged with the responsibility that the financials conform with the Bureau of Accounts, and these will be reviewed with the Director The overall view is that management is doing an excellent job and largely complying with the regulations It is not a comprehensive system study We did take a specific look at DPW and developed recommendations and procedures, which would be available if anybody wanted to evaluate what we thought were weaknesses and what improve- ments could be made We have reviewed with the applicable department head, Dick Perry and Bob Hutchinson and you have the results Our recommendations are to develop an integrated systems plan; improve management reporting; fixed asset accounting and control; con- sider centralized purchasing, pension funding strategies, and other control suggestions We would emphasize that we don't think that what is in here could be incorporated in your system overnight Hopefully, it is a road map to use as a guide through system and procedures The Board thanked the Arthur Andersen team for the presentation, and it was agreed that Mr Hutchinson and Mr Perry are to prepare 169 Selectmen's Meeting February 27, 1978 their comments to be incorporated in a letter to Arthur Andersen & Co Upon motion duly made and seconded it was voted 4-0 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 litigation and land negotiation After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 1026 p m A true record, Attest 227_ 2)7c 1-)1 Executive Clerk, Selectmen 170 SELECTMEN'S MEETING March 6, 1978 A regular meeting of the Board of Selectment was held in the Selectmen's Meeting Room, Town Office Building, on Monday, March 6, 1978 at 7 30 p m. Chairman Battin, Mr Bailey, Mr Buse, Mrs Miley and Mr Kent; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assistant to the Town Manager; Mrs McCurdy, Executive Clerk, were present New The Board welcomed two new firefighters, Robert Conha and Michael Firemen Fulton, who were selected from 1,000 applicants and have just graduated from the Firefighters' Academy Appointments Chairman Battin recommended that the Board make two appointments this evening MAPC Upon motion duly made and seconded, it was voted to appoint Mrs Angela E Frick as the representative of Lexington on the Metropolitan Area Planning Council Senior Center Upon motion duly made and seconded, it was voted to appoint Mrs Site Phyllis Reservitz, 10 Paddock Lane, a member of the Senior Center Committee Site Committee Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meetings held on December 19, 1977 and January 3, 1978 Common Carrier Chairman Battin read an application for a Common Carrier license License-Boston Upon motion duly made and seconded, it was voted to sign the Tours Common Carrier license for Boston Tours (formerly Bi-centennial Tours) , 89 Arcadia Street, Waltham, for the transportation of passengers for hire along Pleasant Street and Massachusetts Avenue to the Battle Green to Route 2A in Concord One stop at the Battle Green; license expiring December 31, 1978 Permit- Chairman Battin read a request for permission for a road race Road Race Upon motion duly made and seconded, it was voted to grant per- mission to the Greek Orthodox Church of Cambridge to conduct a 10-mile road race commencing at the Minuteman Monument to the Arlington line on Sunday, March 19, 1978 at 1 00 p m. with a police cruiser escort LWV-Town Seal The Board approved the request of the League of Women Voters to use a replica of the Town Seal on a pamphlet on Town Government, with the understanding that the Town Manager is to approve the replica before the material is sent to the printer Bonds Upon motion duly made and seconded, it was voted to approve the following amounts established by the Department of Corporations and Taxation for the following bonds Treasurer-$160,000; Collector of Taxes-$155,000; Town Clerk-$6,000 171 Selectmen's Meeting -2- March 6, 1978 Mrs Angela Frick met with the Board and was informed that the MAPC Board had voted this evening to appoint her as Lexington's represen- Representative tative to the Metropolitan Area Planning Council Chairman Battin said that, at the present time there is no institutionalized method of communication between the MAPC representa- tive and Town boards and agencies which may be impacted by regional matters Therefore, the Board of Selectmen is writing to the Conserva- tion Commission, Planning Board, Housing Authority, Transportation Ad- visory Committee, Regional Refuse Advisory Committee, and the Sewer Advisory Committee, requesting that a designee be submitted as the MAPC liaison with whom Mrs Frick will work on MAPC issues which concern a specific committee Mrs Frick said that she and six representatives of the Town had attended the last MAPC meeting which was held for the purpose of developing input from the surrounding towns Some of the topics covered were transportation and traffic, resource recovery plants, closing of Route 2A, etc The summary of information will be compiled and a copy sent to the Selectmen Mrs Frick said that MAPC had sent a letter to the Selectmen to MAPC/Lex nominate a project which would have a regional content She recommend-Hobbs Brook ed that the Board of Selectmen nominate the Hobbs Brook project, which Project would involve Lexington, Lincoln, Waltham, Cambridge and Weston This would serve as a model for MAPC to go ahead by pulling together all of the land and various plans for parks and recreation along Hobbs Brook and Stoney Brook Basin This has been worked on for five years and they want to protect the water shed and also have parks and recreation in the area Lexington acquired Cranberry Hill last year to be a part of this This project requires careful planning and MAPC now has the staff to do the final coordination Because there are so many towns involved, we would hope that it would have a high priority and all we are asking is that you approve the concept and let MAPC go to work on it The Board agreed to defer action until the next meeting Mr McSweeney came into the meeting Recycling Mr Hutchinson informed the Board that problems had developed Contract at the landfill with the contractor on the recycling of glass and metal cans Since the start of the curbside collection program, the firm's service has been consistently poor and it became apparent that our efforts with the contractor to improve the situation were not succeed- ing On February 24, Recycling Enterprises informed the Public Works Director that his company would be discontinuing their association with the Town Therefore, invitations to submit proposals were issued for a bid opening on March 3, and we received one proposal It is recommended that the Board approve the bid from Matcon Recycling, Inc $10 a ton for glass and $10 a ton for cans The previous contractor was getting $15 a ton for glass and $6 a ton for cans, and the con- tainer rental was $90 a month With the new contractor, the cost of container rental is included in the proposed figure We are recommend- ing a period of 9 months with the new contractor but be can terminate it before that if we are not satisfied 172 Selectmen's Meeting -3- March 6, 19781 Upon motion duly made and seconded, it was voted to accept the bid ' from MATCON Recycling, Inc , 53 Jefferson Avenue, Salem, for the pur- chase/removal of recyclable glass and metal cans from the Hartwell Avenue Landfill in the amount of $10 a ton for glass and $10 a ton for metal cans, effective immediately Adams Residents of Adams Street met with the Board Street Chairman Battin said that this is a follow-up on the discussion held at the informationalmeeting on February 22, 1978 She explained that the plan of five years ago called for a 30 ft pavement, sidewalks on both sides, and the removal of 51 trees. The plan discussed on February 22 was for a 28 ft pavement, sidewalk on one side, and the removal of 34 trees The Board has discussed your concerns and voted last week that the Board of Selectmen will proceed with its plan to designate Adams Street as the Chapter 90 Construction Street, with the clear understanding that the Board does not endorse the specific plan which was discussed at the hearing, and that the Board intends to pursue the subject with you at every stage of the proceedings Chairman Battin asked Mr Kent to chair this portion of the meetng Mr Kent said that this is the first stage of the Board's intent to pursue this subject with the interested people in the neighborhood We must not start with the most intolerable proposal, from your standpoint, and then work back from it hoping at some point to reach common ground but, rather, we would like to start with a declaration from the Board that we regard Adams Street as a problem, a problem which tentatively we believe can be solved with the assistance of Chapter 90 money Whether that turns out to be so or not, we do no know at this present time What we want very much to do is to pursue with the residents in the neighborhood various approaches to the problem, and we would hope that it would be possible for purposes of initial discussion to do so, perhaps with a smaller group to be formed from members of the neighbor- hood We wanted to meet with you this evening for two purposes, (1) to attemptto make it very clear to you that what we have not done is endorse any particular layout proposals for Adams Street; (2) to begin a dialogue with you with the hope that it eventuates in an improved situation on Adams Street but recognizing from the outset that as we go forward, we may run into difficulties with our coming up with a common plan which can meet State approval; that we may in the end be success- ful or may not be successful in terms of carrying this thing forward We ought to hear from interested citizens as to the problems they re- gard on Adams Street, and what they most fear about solutions to those problems Mr Edward Jervis, 111 Adams Street, presented a petition to the Board, signed by 32 residents in opposition to the realignment and widening of Adams Street from East Street to the Burlington Town Line and utilizing Chapter 90 funds Mr Jervis stated that Adams Street does not meet the criteria for Chapter 90 funds Mr Kent replied that the Board's position is very clear, that we do not wish to stuff Adams Street into Chapter 90 simply for the pur- pose of enabling us to obtain State funds to do something, whether we 1. 13 Selectmen's Meeting -4- March 6, 1978 1 ought to do it or not; if it turns out that in the working review of this process that we cannot usefully, satisfactorily employ Chapter 90 funds, then this Board does not propose to do it The residents expressed concern that widening the pavement and straightening it out would only increase the traffic and speed as cars go by their homes Also, that it would be opened up to enable people to go from Lexington Center to the Burlington Mall Mr Kent said that the Board is not interested in the Burlington Mall nor in increasing traffic to the Mall, but we recognize that Adams Street is used Adams Street is heavily traveled, narrow, and with tough intersections Adams Street is not adequate in terms of Lexington streets, and we are interested in Adams Street from the standpoint that it is one Lexington's streets Mr Bailey said that any action taken by the Town Meeting this year is just one step in a very long series of steps to be unfolded, stage by stage As pointed at the hearing on February 22, at least three years of Chapter 90 money will be necessary for this, and there will be informational meetings held each year and formal hearings after the third year, before any work is done Anything that happens this year is just one little step and there is a lot more that has to be done This Board has no desire to go digging up and constructing streets where everybody on the street is upset about it Chairman Battin recommended that the residents form an ad hoc committee to work, until Town Meeting, with Mr Kent, Mr Hutchinson, Mr McSweeney, the Street and Sidewalk Design Advisory Committee to dis- cuss the construction of Adams Street Mr Hutchinson said that the $60,000 involved is on the tax rate; however, we have the authority to authorize a temporary loan subject to whether this will be approved and disapproved, and that will be recommended to Town Meeting, which in effect will take it off the tax rate at the Town Meeting; this will be just legal authorization and not any more than that Adams Street residents and Mrs Frick retired from the meeting Later on, after the meeting with the Appropriation and Capital Expendi- Banks- tures Committee, the Board discussed the three streets to be laid out Cushing- Upon motion duly made and seconded, it was voted to re-affirm the Tucker date of February 27, 1978 to lay out Banks Avenue, Cushing Street, and Tucker Avenue Mr Hutchinson informed the Board that the process has been com- Fire pleted on the civilian dispatchers in the Fire Department Over 100 Dept applicants were received for the four positions and each was screened Civilian by Chief Bergeron and the Town Manager, and rated for answers to five Dis- questions for the initial group A second screening by Chief Bergeron patchers and Police Chief Corr was held for fifteen final candidates, and each was rated on answers to five questions The four candidates selected, in addition to having shown strong abilities in the two screenings and having received excellent reference checks, also meet our affirmative action goals Included in the group is one handicapped person, one woman and one black Keith Dissel, Judith Steffens, Brian O'Neill and Cecelia Robinson are recommended to be the new civilian dispatchers, and 174 Selectman's Meeting -5- March 6, 1978 are scheduled to begin a one-week training on March 13 with regular employment starting the following week. The Board agreed with Mr Hutchinson's recommendation Express Bus Mr Hutchinson informed the Board that Mrs Nancy Banks has re- Service quested bus companies to submit a proposal by March 13 for express bus service from Lexington to Boston on a 90-day experimental basis Emergency Mr Hutchinson advised the Board that Lexington is eligible and Snow Re- he had filed with the Bureau of Accounts for reimbursement of emergency moval Re- snow removal funds 'imbursement Approp &Cap The Appropriation Committee and the Capital Expenditures Committee Expenditures met with the Board Mr David Wells, Chairman, and members of the Permanent Building Art 35 - Committee were present to discuss the Center pool complex Mr Wells Center discussed Article 35 for approval of $45,000 for plans and specifica- Pool tions He said that final approval of $682,000 will not be requested until next year Architect's fees of $20,000 have already been set Permanent aside, and the new plans call for moving the swimming, diving and Build wading pools farther away from the property lines as this increases Committee the safety at the wading pool, in particular, by moving the youngsters a little away from the rest of the complex It would cost $425,000 for renovation of the existing pool, without diving facilities The old pool no longer meets the sanitary codes and could be closed tomor- row by the Board of Health. Mr White, Appropriation Committee Chairman, said that he antici- pates his committee will support it and will probably vote on it to- night Mrs Miley said that she had some reservations and had looked into the possibility of Lexington residents using Menotomy Pond and she also hopes to get some recreation in East Lexington in the future Having learned that the Board of Health can close the present pool tomorrow if it chooses to, she agreed it is not worthwhile to do over the old pool and, therefore, would support the article Mr Busa asked for more information; he felt it was a lot of money for ten weeks of the year, especially when we do not have enough money to fix streets, clear snow from sidewalks, etc. Lexington already has two good-sized pools, Hayden and Minuteman School, where youngsters can dive Mr Bailey disagreed and said that it is the most intensively used recreation facility and a training facility where kids learn to swim Chairman Battin was in favor of the pool, and called for a vote Upon motion duly made and seconded, it was voted 4-0 in support of Article 35 Mr Busa abstained MVMH The Mystic Valley Mental Health budget was discussed Mrs Nancy Budget Banks said that, generally it is a very complex budget and this appears to be the first year that it is showing definite stabilization and growth, and they are beginning to pull it together Data on the number of persons assisted is hard to get She recommended that the Town con- 175 Selectmen's Meeting -6- March 6, 1978 tinue funding the facility as requested by MVMH. Mr Hutchinson added that Mrs Banks has filed a report with him and has made suggestions for the future Mr Busa said that he had no problem on supporting the budget but wanted more information on what its growth policy is, as he felt it would end up as a general hospital And he would like to know when they first institute a program. Mr White said that similar comments were made in the Appropria- tion Committee report last year He had hoped what is happening now would have happened a long time ago He was also concerned about Re- place The problem his committee sees is on direction, cohesion, def- inition of goals; where we are and where we are headed We are con- cerned as to whether the people are doing what they are supposed to do, and whether they are doing referral rather than therapy; if referral, they are overstaffed, if therapy, they are understaffed Both MVMH and Re-place should be meshed into the Town's overall human services plan Chairman Battin said that she is pleased with the Re-place report Mr White responded that his committee wants to hear about the direction; some members question what the scope of their program is, and would like them to define their goals The budget has gone from $5,600 in 1967 to $67,000 in 1979, and they have not accepted the in- crease and may not support the budget Mr Blaisdell said that, as a private orgainzation, they should be raising funds Mr Clough and Mr Politi, Directors of Re-place, explained that the structure is constantly being reviewed towards the goal of provid- ing what is needed for the Town and in order to be successful, it does have to have Town commitment Chairman Battin said that the program has professional leader- ship, and the Board of Selectmen and the Board of Health unanimously support Re-place Upon motion duly made and seconded, it was voted to support the Re- place and Mystic Valley Mental Health budgets In response to a recommendation from the Appropriation Committee, Mr Hutchinson agreed to have a report on MVMH and Re-place prepared by next December for discussion during the budget process The Appropriation Committee was informed that the Board had voted Streets to recommend three streets to Town Meeting for acceptance - Banks Avenue - $78,000; Cushing Street - $50,000; Tucker Avenue - $22,000 - and in terms of priority, it is hoped that the Appropriation Committee will support Banks Avenue if it is only going to support one street Later on in the meeting, the Board agreed to reaffirm the vote Upon motion duly made and seconded, it was voted to reaffirm the vote taken on February 27, 1978 to lay out Banks Avenue, Cushing Street, and Tucker Avenue Mr Hutchinson agreed to submit additional information to the Westview Appropriation Committee on the Article for the Westview Cemetery De- Cemetery velopment - $24,000 Development 176 Selectmen's Meeting -7- March 6, 1978 Transfer Mr White advised the Board that the Appropriation Committee does Station not support $40,000 for engineering studies relating to the feasibility of constructing a solid waste transfer station and for plans and speci- fications for such a facility The committee views this as another area of study money and feels that the Town could handle the project 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 the reputation of a person After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 11 00 p m. A true record, Attest E, Executive Clerk, Selectmen 177 SELECTMEN'S MEETING MARCH 13, 1978 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, March 13, 1978 at 7 30 P.M Chairman Battin, Mr Busa, Mrs Miley, Mr Kent and Mr Crain; Mr Hutchin- son, Town Manager; Mr Cohen, Town Counsel; Mrs McCurdy, Executive Clerk, were present Mr James F Crain was welcomed as a new member of the Board Selectman The meeting was called to order by the Executive Clerk, who de- Board Glared that nominations were opened for the election of the Chairman Organization of the Board Motion was made by Mrs Miley, seconded by Mr Kent, nominating Mrs Margery M. Battin as Chairman No other nominations being made, it was voted 4-0 to elect Mrs Margery M. Battin as Chairman of the Board of Selectmen for the en- suing year Mr Busa abstained Mrs Battin thanked her collegues for their support and confidence She stressed the importance of finishing three projects which the Board has embarked upon this year, (1) The Selectmen's Policies and Procedures Manual that she and Mr Kent had been working on, and which would mean a review of existing policies and the establishment of new ones; (2) The development of a process for establishing goals and setting priorities, and then doing so Mrs Miley and Mr Busa have been dis- cussing this; (3) Mr Crain was asked to give his attention to a matter which is of concern to all major boards of the Town, and would mean in- stitutionalizing a process for all boards to get together to do some long range planning and anticipation of problems which might arise, rather than wait until they materialize Chairman Battin opened a hearing on the petition of Sydney and Noyes Hancock Associates, One Lincoln Street, Newton, for a Special Permit under School Section 28 of the Lexington Zoning By-Laws for the conversion of the former Hancock School into 18 condominium dwelling units in accordance with the applicants' proposal to the Special Town Meeting of December 7, 1977 and subsequent vote thereof approving the sale, use, and site plan of the property and in accordance with the site plan, floor plans, and elevation submitted to the Board of Selectmen Changes in exterior archi- tectural features will be limited tmonew windows and doors, painting of wood trim, cleaning sandstone, new roof windows, and incidental alterations as necessary to complete work as illustrated Alterations to the site include parking, plantings, and walks reflective of the intended residen- tial use proposed Notices of the hearing were inserted in the February 23 and March 2, 1978 issues of the Lexington Minute-Man, copies of which were sent by the Executive Clerk of the Board of Selectmen to all abutters, the Lexington Planning Board, and Planning Boards of abutting cities and towns Chairman Battin read a report of the Planning Board unanimously favoring the petition A report from Mr McSweeney, Director of Public Works/Engineering, stated that adequate and suitable facilities exist 1_ % 8 Selectmen's Meeting March 13, 1978 Hancock both to and on-site to provide for the disposal of the domestic sanitary School sewage that can be expected to be generated by this facility With re- (cont'd) spect to storm drainage, it is suggested that all drainage from proposed parking areas be intercepted on site and disposed of in the municipal drainage system The Board of Health recommended that all rubbish, trash and debris shall not be disposed of by burning or burying on site Re- ceptacles must be provided in a sufficient number for the accumulation of rubbish and garbage before final collection or ultimate disposal, to be conveniently located for tenants and no objectionable odors or cond- tions created by means of storage Attorney John O'Connor, Mr Stanley H Sydney and Mr R. Kirk Noyes were present as the petitioners Mr. Noyes said that working with the Town has been very rewarding and the process of getting things done has been very professional The agreements we originally proposed still stand and we will buy the build- ing for $100,000 cash, when we pass papers and the 18 condominiums will be finished and ready for occupancy prior to the end of this year We will pay taxes to the Town during that period and will abide by all local codes and ordinances We state publicly that we will guarantee purchase prices at a total of $811,000 and, for the extras that the owners attach to their units as they buy them, we will pay to the Town 12 percent of anything over the agreed purchase price We will provide bonds for all the necessary financing we guarantee at the completion of construction, and will restrict sales to owner-occupied structures, and will manage and operate the property until all condominium units are sold and the owners will be able to establish an owner's association The hearing for a variance is scheduled with the Board of Appeals on March 23 and that re- quest is required because of the additional parking area needed Atty O'Connor requested that a condition of the special permit be for a finding under G L C 40A, s 6, that the extension or alteration of the Hancock School building will not be substantially more detrimental than the existing non-conforming use to the neighborhood This finding is sought with regard to the height of the building, which exceeds the maximum height limitation of Section 27 of the Zoning-By-Law, and with regard to the location of the southwest corner of the building which is within the front yard required by said Section 27 The lot involved is located at the north corner of Clarke and Forest Streets in a one-family dwelling district and contains 1 51 acres The building has existed in substantially its present form and location for more than 80 years, is no longer used as a school and is presently vacant The Board discussed the location of the dumpster and landscaping, and it was agreed that a gate should be installed in the 6 ft high fence for easy accessibility by the contractor for removal of the dumpster contents Also, Mr Busa is to work with the developers on a detailed landscaping plan, in an estimated amount of $25,000 Mr Sydney explained the proposed unit lottery They would adver- tise in local and other newspapers that people could make application to them He assumed that the applications would be put in a hat or they may separate them between one and two-bedroom units They would take three times the number of units and pick out nine people who are 179 Selectmen's Meeting March 13, 1978 interested in one-bedroom units, and forty-five names for the fifteen Hancock two-bedroom units It is to be done by random process and they will School ask the first person to pick an apartment, with seven days to sign the (cont'd) agreement and make a 10 percent down payment; mortgage arrangements being made with a banking institution We will give them what we consider a reasonable amount of time and then go on to the next step Chairman Battin declared the hearing closed Upon motion duly made and seconded, it was voted unanimously to grant a Special Permit under Section 28 of the Lexington Zoning By- Laws to Sydney and Noyes Associates for the conversion of the Hancock School into 18 condominium dwelling units, subject to the language and conditions being drawn up by Town Counsel and Mrs Miley and submitted to the Board for signature Chairman Battin thanked Mrs Miley for serving as Chairman of the School Site Conversion Committee Mrs Miley then thanked the members of the committee for doing an excellent job, and she was also very happy that this wonderful group of developers could share in being the first to be granted a special permit by the Board of Selectmen All interested persons retired from the meeting Mr William Sen, Chairman, and members of the Council on Aging met Articles with the Board to discuss the two articles on the Senior Center Mr 32 & 34 - White, Chairman, and members of the Appropriation Committee were also Senior present Center Chairman Battin said that the Board had appointed the Senior Center Site Committee, with the charge (1) to investigate all existing public and private facilities with the specific view of accommodating senior citizen programming; (2) to prepare a report to be submitted to the Selectmen by May 15, including recommendations on alternatives to the charge Mr Sen requested a position of the Board on Article 32 - approval of establishment of a Senior Citizens Center and Article 33 - approval of appropriation of money to build or rehabilitate a building for Senior Citizens C enter He said that they had no intention of building but recommended approval of the concept of a center and money for rental of a facility Mr Hutchinson recommended against an appropriation of funds; there are private resources within the Town who are willing to provide funds to get them started on the rental of a facility, subject to a proposal Mr White stated that the Appropriation Committee needs more in- formation as they couldn't approve something they cannot understand, but they did support the formation of the study committee The Board agreed not to take a position at this time on Article 33 until the motion is drafted by the Council on Aging Mr Kent, Mr Sen and Mr Cohen are to work on a motion for Article 32 Mr William Page, Chairman of the Lexington Forum on Aging, met Forum with the Board to ask for the Selectmen's comments and participation on Aging at their meetings scheduled on April 26, May 3, May 17, and May 31, 1978 The Board agreed to participate 180 Selectmen's Meeting March 13, 1978 Wadman Residents of Wadman Circle, Mr McSweeney, Mr Martin, and members Circle of the Sewer Advisory Committee met with the Board for an informational Sewer discussion of the recommended installation of a sewer system in Wadman Circle Mr Kent requested that the record show that he abstained from par- ticipation on this matter He said that although the sewering in ques- tion does not affect his property on Patriots Drive as it is already sewered, it does involve construction of sewer in a private way in which he does have an interest The Board agreed Chairman Battin read a report from the Board of Health recommending that the municipal sewer system be extended into Wadman Circle to allevi- ate conditions caused by the existing substandard system Mr Martin explained that the project will consist of constructing approximately 244 linear feet of 8 inch sewer mains and the installation of three sewer manholes; the sewer will vary in depth from 4 to 9 feet, at an estimated cost of ;$12,500 There are three homes involved with a total betterment assessment of $2,399 82 In response to a question about the low betterment assessments, Mr Martin explained that this is indicative of the estimates they are using in this year's budget, based on the last five years Of the five lots, two have been previously assessed, and thatg ave a low rate of return A resident said that he was worried whether blasting the ledge might bother the water line and create problems; also, his house is at the end of the street and he gets rusty water Mr McSweeney said that the final design will take care of the ledge problem, and the reason that he is receiving rusty water is probably be- cause the system is not looped and it is on an unaccepted street; so the system should be looped The resident agreed Chairman Battin stated that the plan is to continue to have hear- ings, which are not required by law, at the regular meetings of the Board of Selectmen Prior to that, there would be administrative meet- ings on the proposals All Town Meeting members will be invited to attend Mr Buchman, 4 Wadman Circle, said that the existing problem is that right now we are pumping it into the backyard because the cesspool is filled and will not absorb it It is difficult and unpleasant and has existed for years Chairman Battin said that we will cite that at Town Meeting if there is a question She declared the meeting closed Upon motion duly made and seconded, it was voted to include the con- struction of sewer on Wadman Circle in the sewer package to be presented to Town Meeting for approval Sewer Mrs Joan Crothers, Chairman, and members of the Sewer Advisory Com- Advisory mittee met with the Board Committee Mr Hutchinson said that the committee wanted a chance to review the amended report submitted The questions raised at the last meeting with the committee were, (1) endorsement of Category A streets; (2) endorse- ment of $2 5 million to support the Category A streets; (3) endorsement111 of a permanent Sewer Advisory Committee He felt that if the Board has to come back to Town Meeting each year on the list of streets, this would not give us authorization for a program for long range financial planning from a capital improvement-type situation which we would like 181 Selectmen's Meeting March 13, 1978 to accomplish We would not be able to properly plan and move forward Sewer on those with public health problems Advisory Mrs Crothers said that the committee needs more information and Committee we have concerns about (1) financial accountability; (2) being locked (cont'd) in to do the streets (3) growth inducement; (4) subdivision potential Chairman Battin said that with the $2 5 million, if a favorable construction period comes up, we could move the program up; also, we would have the flexibility of floating the bonds at a good time This would give us the capability of addressing the crises the Board of Health brings to our attention, without having to wait for Town Meet- ing Town Meeting would have the information it needs to have and can decide if they want it in that general order She advised Mrs Crothers that the information will be submitted to the committee by Engineering before the TMMA informational meeting on next Wednesday evening In the meantime, the Board will make a decision whether the committee should be continued as a standing committee Mrs Crothers added that her committee would like to meet and dis- cuss a few minor changes in the report The Sewer Advisory Committee retired from the meeting Mr Rooney, Chairman, and members of the Lexington Housing Author- Lexington ity met with the Board to request the Selectmen's support and comments Housing on the Housing application to the Department of Community Affairs for Authority funds under Chapter 667 for the Countryside site Mr Rooney said that DCA requested that we have at least 60 units and to have proper zoning; we came before the Town Meeting and it ap- proved the rezoning of the Countryside site DCS is now asking for commitments from the Town which, in the past, were paid for Decisions must be made by March 21, a specific decision on the contractural agree- ment with the Town as to what they would provide The Housing Authority agreed with Mr Hutchinson's recommendation that they sit with DPW/Engineering to discuss access roads, sewer and water extensions, and then come back to the Board with additional in- formation The Housing Authority retired from the meeting The Board discussed the Metropolitan Area Planning Council project MAPC involving the Cambridge Reservoirs, including land in Waltham, Lexing- Cambridge ton, Lincoln and Weston Chairman Battin read a recommendation from Reservoirs the Lexington Planning Board support this project to develop Recreational recreational facilities on Cambridge-owned land within the proposed Facilities Cambridge Reservoir-Hobbs Brook area Upon motion duly made and seconded, it was voted to approve the project proposed by the Metropolitan Area Planning Council involving the Cambridge Reservoirs and land in Waltham, Lexington, Lincoln and Weston to permit recreational facilities in the area. The Board approved the following requests Upon motion duly made and seconded, it was voted to renew the Auctioneer Auctioneer's license for Allen C Lannom, expiring March 31, 1979 182 Selectmen's Meeting March 13, 1978 LWV- Upon motion duly made and seconded, it was voted to grant permission Cary Hall to the League of Women Voters to sell material in the lobby of Cary Hall before the Annual Town Meeting Cary Hall Upon motion duly made and seconded, it was voted to grant permission to the Lexington Friends Community Residence, Inc for a folk music con- cert in Cary Hall on April 29, 1978 from 7 30 P.M, to 10 30 P.M. , subject to payment of the fee for the hall and custodial fee Battle Upon motion duly made and seconded, it was voted to grant permission Green to the Bicentennial Band to conduct free concerts on the Battle Green on Thursday evenings commencing June 29 through August 31, 1978 from 7 00 P M. to 8 30 PM Hanscom Members of the Board agreed to attend the demonstration by the Field Thunderbirds at Hanscom Field Open House on Saturday, July 8, 1978 Water Bill Upon motion duly made And seconded, it was voted to accept the re- Abatement commendation of Mr McSweeney, Director of Public Works/Engineering to abate the water bill for the Chalet Motor Inn, 440 Bedford Street, in the amount of $6,392 70 because of a wrong reading Dog Hearing- Mr Busa discussed the hearing he had conducted on February 14 at Halley/ 9 00 A.M on the written complaint of Mrs Joan M Halley that a German Kesselman Shepherd dog owned by Mrs Carl Kesselman, 9 Barrett Road, is a nuisance by reason of vicious disposition and excessive barking At the hearing, Mrs Halley had testified under oath that the dog had bitten one of her children and a visiting child Mr Busa recommended that the Board of Selectmen issue an order to the owner that the dog is to be restrained on a leash at all times Upon motion duly made and seconded, it was voted to write to Mrs Carl S Kesselman and inform her that her dog, Henderson, is to be kept restrained at all times Articles The Board discussed a position to be taken on the following articles Upon motion duly made and seconded, it was voted to support Article 25-Westview Cemetery Building-$24,000 and Article 34-Transfer of school building and land-$10,000 Upon motion duly made and seconded, it was voted 3-2 to support Article 36-construction of bicycle paths- -$25,000; Mr Busa and Mr Crain voted in the negative Upon motion duly made and seconded, it was voted to oppose Article 37-installation of lighting on four tennis courts--$15,000 Mr Hutchinson agreed to submit more information on next Monday on Article 50-to accept the gift of land located at Route 3 from the Com- monwealth of Massachusetts Mr Hutchinson suggested that the Board might want to recommend in- definite postponement of Article 58-accept G L Ch 41, s 100B, for indemnification of retired policemen and firefighters for certain hospital and medical expenses 183 Selectmen's Meeting March 13, 1978 Mr Busa recommended indefinite postponement of Article 60- Articles Bicentennial Corporation gift of money, as the committee is working with the Historic Distriats Commission to see if a plaque or a monument could be furnished Upon motion duly made and seconded, it was voted to accept the Town Manager's advice to delete the request for the installation of a drain involving Mr Mahoney's property in the amount of $12,000 The Board agreed that - Selectmen - Mr Busa is to work with the Cable Television Advisory Committee, Committees replacing Mr Bailey Mr Kent is to serve as legislative liaison with the joint legislative committees of municipal associations and arrange meetings with our representatives and senators Mrs Miley is to continue as Lexington's representative on the Middlesex County Advisory Board and Chairman of the School Sites Con- version Committee Chairman Battin is to serve as MAPC liaison with Mrs Frick and MAPC representatives Mr Hutchinson advised the Board that he had received notifica- Article 7- tion today from the School Department that there will be $10,884 06 in School Dept unpaid bills under Article 7, representing primarily Chapter 766 Unpaid Bills tuition and bills. A member of the School Committee will have to explain this to the Town Meeting The Board agreed to amend the motion under Article 7 to include $10,884 06 Mr Hutchinson said that Mr Zehner, Town Treasurer, has informed Conservation him that the Town has been assured of receiving the State Self-Help Self-Help monies on Conservation land purchases in the amount of $244,000 Mr Grant Zehner indicates this should enable him to take care of the warrants through the end of next week; however, he will be coming in on March 24 to request approval of borrowing money Mr Hutchinson recommended that the Board approve the agreement Public between the Town and the DPW Local #1703 He had previously sub- Works mitted to the Board some proposed amendments to the agreement, in- Agreement cluding $600 P/Man across the Board wage increase effective July 1, 1978 and $600 effective July 1, 1979; a modest increase in longevity, effective July 1, 1979, of $100-15 to 20 years of service; $150-20 to 25 years; $250-25 years and over He felt that there had been good faith on both- sides and had received-excellent assistance from- the Public Works Department, Mr McSweeney and his Superintendents, and he-felt chat it is-a-good--3=year-cufttrac€ for=the-Town Upon motion duly made and seconded, it was voted to accept the Town Manager's recommendation to approve the agreement between the Town and Local #1703 184 Selectmen's Meeting March 13, 1978 Mr Martin, Assistant Town Engineer, presented a plan and recom- mended that the Board vote an intent to take sewer and drain easements on Briggs Road and Green Lane Also, temporary construction easements on Crescent Road, Briggs Road and Great Rock Road All involved per- sons have been notified and approval has been received from some of them; he added that he had not received negative responses Upon motion duly made and seconded, the Board voted an intent to take sewer and drain easements on Briggs Road and Green Lane Upon motion duly made and seconded, the Board voted an intent to take temporary construction easements on Crescent Road, Briggs Road, and Great Rock Road Sewer- The Board agreed to defer a decision until next Monday's meeting Barnes when the Harrington sisters will meet with the Board to discuss Mr Place McSweeney's recommendations on the Barnes Place sewer construction Trustees Mr Hutchinson and Mr McSweeney recommended that the Trustees of Public of Public Trusts be requested to consider the expenditure of $10,000 Trusts to repair damage to trees in the Westview and Munroe cemeteries which was caused by the snowstorm of May 9, 1977 Upon motion duly made and seconded, it was voted to request the Trustees of Public Trusts to approve the expenditure of $10,000 from appropriate trust funds to cover repairs to damaged trees in the Westview and Munroe Cemeteries Upon motion duly made and seconded, it was voted to adjourn at 11 20 P.M. A true record, Attest )2-2 7617c Executive Clerk, Selectmen 185 SELECTMEN'S MEETING March 20, 1978 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, March 20, 1978 at 7 00 P.M. Chairman Battin, Mr Busa, Mrs Miley, Mr Kent and Mr Crain; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs McCurdy, Executive Clerk, were present Chairman Battin announced the anniversary of the Selectman/Town Selectmen/ Manager Act In March, 1969, the Selectmen were asked to, and did, Town Manager establish this form of government and, as Chairman of the Structure Act of Town Government Committee, she had watched with concern and care the selection of a Town Manager She thanked Mr Hutchinson for his sound administrative practices, fiscal restraint, wise choice of staff, developing and working with subordinates and giving credit when it is due and sharing credit Although he argued very hard for his point of view, when he had been overruled, he had worked very promptly and dili- ' gently to carry out the directions of the Board It is the Board's responsibility to continue to monitor and evaluate Mr Hutchinson's performance, and the hope is that Board members will be as pleased with him next year Mr Hutchinson expressed his thanks for the Chairman's expression of the Board's confidence in his performance of the past year Miss Ellen E and Miss Ruth T Harrington, 11 Curve Street, and Barnes Place neighbors met with the Board to discuss the Town's proposal to take Sewer- a sewer easement down the lot line between the vacant lot and the lot Curve St - on which the Harrington house is located, with the understanding that Harrington the land would be restored to its original condition During the discussion, the 'Harrington sisters strenuously objected to the location of the sewer easement on their property and after due consideration of the alternatives presented by Mr McSweeney and Mr Martin, it was the unanimous decision of the Board to take the alterna- tive route through the Adams School driveway Upon motion duly made and seconded, it was unanimously voted that the Barnes Place sewer would be constructed by an alternative route through the Adams School driveway and connect to the existing sewer servicing the Adams School, at an additional cost of $7,000 The Harrington sisters and their neighbors thanked the Board and retired from the meeting The Board discussed the letter from the Housing Authority regard- Housing ing provisions in the Department of Community Affairs' 667 Request for Authority Proposals for funds to construct no more than sixty (60) units at DCA 667 Countryside Mr Hutchinson and Mr Cohen made recommendations to the Countryside Board and it was agreed to support the items referenced by the Housing Authority, subjectto stipulations Upon motion duly made and seconded, it was voted to support the Lexington Housing Authority on the following items that relate to the 18(5 Selectmen's Meeting March 20, 1978 DCA 667 Request for Proposals for Funds to construct no more than sixty (60) units at Countryside II Municipal Contributions A. Provide street and sidewalk maintenance B The municipality will extend the following infra- structure to the property lines at no cost to the project Access road, sidewalks and benches, storm sewer, sanitary sewer, gas, water, electricity C The municipality will waive the following charges in connection with the project All fees and charges, hearings, filing charges, building permit fee, in- spection charges, connection charges This approval is subject to all necessary reviews and appropriation should this project be further considered Also, the Housing Authority is to be informed that the Town requests more specific information re- garding this proposal so that it can more thoughtfully address the ex- tension of these services Liquor License Chairman Battin read a request for approval of a new Manager at Sheraton- the Sheraton-Lexington Motor Inn. Lex. New Upon motion duly made and seconded, it was voted to approve the Manager new manager, Mrs Frances Fletcher, of the Sheraton-Lexington Motor Inn, under the 1978 Innholder liquor license Approval of the Alcoholic Beverages Control Commission is also to be requested VFW Permit Chairman Battin read a request from the Veterans of Foreign Wars Upon motion duly made and seconded, it was voted to grant permission to the VFW Post #3007 to sell Buddy Poppies throughout Lexington on May 25, 26 and 27, 1978, subject to the understanding that there is to be no house-to-house solicitation Auctioneer Chairman Battin read an application for an Auctioneer's License License Upon motion duly made and seconded, it was voted to renew the Auctioneer's license for Mr William Sennott, 10 Douglas Road, expiring March 31, 1979 Treasurer Mr Louis Zehner, Town Treasurer, met with the Board to request ap- proval of borrowing $1,250,000 in tax anticipation Bids were received ranging from 3 00 percent to 3 24 percent The Harvard Trust Company submitted a bid for the entire amount at 3 15 percent but were underbid by the New England Merchants at 3 00 percent on $500,000 and the First National at 3 03 percent on $250,000 Therefore, it is recommended to split the bids Upon motion duly made and seconded, it was voted to approve the 111 recommendation of the Town Treasurer to borrow $1,250,000 from the following banks, notes to be dated March 24, 1978 and maturing on 187 Selectmen's Meeting March 20, 1978 May 2, 1978 Treasurer New England Merchants Bank $500,000 @ 3 00 percent (cont'd) First National Bank of Boston $250,000 @ 3 03 percent Harvard Trust Company $500,000 @ 3 15 percent Mr Zehner added that if taxes are prepaid in the normal manner, he may not have to borrow for another year, but, if not, he would only have money enough to last through April 7 and might have to borrow on April 14 The Board thanked Mr Zehner for his negotiations, and he retired from the meeting Mr Hutchinson presented proposals on express bus service from Express Lexington to Boston Four proposals were received and the recommenda- Lex /Bos tion is to grant a 90-day Common Carrier license to Metropolitan Coach, Bus Mooney Street, Cambridge, to operate on Lexington streets Commuters would be charged $1 35 per ride; $1 10 for 20-ride ticket; 4 bus trips to be made each morning and each evening Upon motion duly made and seconded, it was voted to accept the recommendation of Mrs Nancy Banks, Assistant to the Town Manager, and the Transportation Advisory Committee to grant a 90-day Common Carrier license, expiring June 20, 1978, to Metropolitan Coach, Cambridge, to provide the hours of 6 00 A M.-9 00 A M. from Lexington and 4 00 P.M - 6 00 P M from Boston along routes mutually agreed upon with the Town Manager's office Mr Hutchinson recommended that the Board rescind the vote of Transfer- February 21, 1978 requesting approval of the Appropriation Committee Snow for a transfer of $50,000 from the Reserve Fund as the Town has re- ceived legal notification from the State of authorization to expand against the appropriation ($277,300) that affected the deficit situa- tion during the snowstorms By rescinding the vote, this will give us the capability of keeping the Reserve Fund at a certain level be- cause we are going to have other unexpected expenditures for the remainder of the year Upon motion duly made and seconded, it was voted to rescind the vote of February 21, 1978 for approval of the Appropriation Committee of a transfer of $50,000 from the Reserve Fund to Public Works Account #5500 Mr Hutchinson informed the Board that a seminar for elected and New England appointed officials is to be held by the New England Public Policy Public Institute in Lexington (rather than the previously scheduled place in Policy Sturbridge) on April 14 and 15, 1978 It is hoped to get together 25 Seminar teams to address concerns, such as setting municipal goals, evaluating preferences as a policy maker, etc The registration fee is $40 00, each All members of the Board agreed to attend, with the understanding that further discussion would be held on the properaccount from which the registration fees are to be drawn 1 188 Selectmen's Meeting March 20, 1978 Town Seal- Mr Cohen recommended that the Board approve the request of the Forum on Lexington Forum on Aging to use the Town Seal Aging Upon motion duly made and seconded, it was voted to grant per- mission to the Lexington Forum on Aging to use the Town seal on printed material Lexington High Mr Busa reminded the Board that the Lexington High School basket- Basketball ball team had won the State championship and, therefore, are to be Champions honored at Town Meeting on Wednesday, March 22 He requested the Board to sign the proclamation, which he would present to Town Meeting under Article 2 Upon motion duly made and seconded, it was voted to sign the proclamation honoring the Lexington High School basketball team for outstanding achievement in winning the award of Division 1 Basketball Championship in Massachusetts The Board discussed the following Articles for the Town Meeting Art 19- Article 19-Sewers Chairman Battin said that the Sewer Advisory Sewer Committee has two concerns which they would like to become part of the Bonding motion (1) To have the wording not only to allow the $2 5 million for new sewer laterals but also to make it available for the reconstruction or rehabilitation of existing sewers if it turns out that State monies are in jeopardy, as, conceivably, they may be; (2) To change the better- ment formula to have it average over three or two years rather than five years Chairman Battin recommended that the language indicate that the Selectmen be requested to look at ways of improving the betterment formula The Board agreed that Mr Cohen is to amend the wording on the motion for Article 19 to include the above recommendations Art 22- Article 22-Chapter 90 Adams Street The Board approved Mr Kent's Adams St recommendation to include in the motion the language in the vote taken by the Board at the meeting with Adams Street residents "That in development of plans for reconstruction of Adams Street, the Selectmen would confer at every stage with the citizens living in the neighborhood " Art 32- Article 32-Citizens' Article for a Senior Citizens' Center Mr Senior Kent discussed the proposed motion and it was agreed that he is to meet Citizen's with Mr Sen, Chairman of the Council on Aging, to inform him of the Center unanimous opinion of the Board that it could not support a Center for Senior Citizens, only Also, to suggest the deletion of "acquisition of" in the sentence, " to develop a plan for acquisition of permanent and if necessary, temporary facilities " Mr Kent is to come back to the Board at the Wednesday evening meeting 189 Selectmen's Meeting March 20, 1978 For the information of the Board, Mrs Battin said that, on the Art 51 bus tour, Town Meeting members had questioned the need for reconstruct- Cushing St ing Cushing Street Apparently, the residents had paved the road at their expense, and the Town Meeting members were advised that we have a liability to the Town and because there is not a proper slope and the drains are inadequate, it must be reconstructed to meet our standards Upon motion duly made and seconded, it was voted to adjourn at 7 55 P.M A true record, Attest � ] )29 Executive k, Selectmen 1I 190 SPECIAL SELECTMEN'S MEETING March 22, 1978 A special meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Wednesday, March 22, 1978 at 7 06 P.M Chairman Battin, Mr Busa, Mrs Miley, Mr Kent and Mr Crain; Mr Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Mrs McCurdy, Executive Clerk, were present Elks Club Chairman Battin read an invitation to attend the installation of the Invitation Elks Lodge on Sunday, April 9, and Mr Busa and Mr Kent may plan to at- tend (Fire Re- Members of the Board were sorry they were unable to attend the re- tirements tirement dinner for the four firemen, which had been scheduled on a Town Meeting night, March 27, 1978 Article 5 Discussion was held on Article 5 and the Board reviewed its origins and what it was set up to accomplish Since there was some question as to the wording of the Article, it was agreed that the wording would be reviewed before next year's Article is to be in the Warrant Sewer Adv Chairman Battin outlined the concerns of the Sewer Advisory Committee Committee and members of the Board reiterated that the Sewer Advisory Committee is to be available to the Selectmen for recommendations, when needed Also, a procedure has been established for the Selectmen to conduct hearings on sewers at regular Selectmen's meetings Upon motion duly made and seconded, it was voted to adjourn at 7 50 P.M. A true record, Attest Executive Secretary, Selectmen I 191 SPECIAL SELECTMEN'S MEETING MARCH 27, 1978 A special meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, March 27, 1978 at 10 00 a m. Chairman Battin, Mr Busa, Mrs Miley, Mr Kent and Mr Crain; Mr Hutchinson, Town Manager; Mrs Nancy Banks, Assistant to the Town Manager; Mrs McCurdy, Executive Clerk, were present Mr Hutchinson discussed questions which were raised at the Town Art 24 Meeting on Article 24-Inflow/Infiltration Study He said that it had I & I been reviewed with Whitman & Howard but there is only raw data avail- Study able now. Legally, we would have had to put up 25 percent of the $250,000 for $62,500 necessitating an additional $37,500 on top of the $25,000 already requested After reviewing the initial data with Whitman & Howard, the inflow problem is more managable and would only call for $100,000; therefore, we will continue to ask for $25,000 on the tax levy and $75,000 loan authorization to implement Phase II of the study We asked Whitman & Howard to look at the Hayes Lane abandoned sewer to see if that would relieve the problem we have had in the Saddle Club area, and they feel that the sewer can be utilized for another few thousand dollars of operating money This would be exclusive of the I & I study Mr Crain asked about the $100,000 and the relationship to reliev- ing the moratorium? Mr Hutchinson replied that the Board's problem on the moratorium is going to be on a decision to go forward and allow development of the Town to take place, while there is an area that is hostile to the Town because it is having sewer problems The t & I is directly related to the moratorium issue as we are trying to address a problem in a certain area - and there are people who wanted a moratorium because a problem existed. Mr Crain asked if there are building blocks that suggest that these go ahead in the sequence suggested? That, at some point, the moratorium would no longer be necessary? Mr Hutchinson replied that it is not that definitive at this time This is one of our problems and it is going to be a real problem when you go to make your decision If you had Phase 2 of the study done, you would have some building blocks showing some corrective measures that should solve the problem There is a strong argument that the homes really aren't the problem; it is the volume of water that we have coming in from inflow/infiltration, and any additional (home) is not that sig- nificant in relationship to the problem Regarding the Hayes Lane abandoned sewer, Public Works was well aware of it but MDC made us get out of that sewer 192 Special Selectmen's Meeting March 27, 1978 Chairman Battin said that they would only let us do Phase II if we paid for it ourselves Town Seal The Board granted permission to Mr Levi Burnell to affix a Town seal to a pewter bowl to be presented by him to Mr Donald Gillespie, Director of the Bicentennial Band Town The Board discussed Article 17-Sidewalks; Article 19-Sewers, also Meeting the sewer moratorium and health priorities, betterments, Article 32- Articles Senior Citizens; Article 56-Proposed By-Law on surface water and drainage from cellars and roof drains onto sidewalks or streets Hancock Mrs Miley informed the Board that the Board of Appeals has approved School the permit for Sydney and Noyes Associates to park cars-in front of the Hancock School Mr Cohen is working on the question raised about the location of the dumpster, and the only remaining item to be dealt with is the landscaping Then, the Board of Selectmen's permit could include the conditions Mr Busa agreed to evaluate the amount of landscaping needed at the Hancock School, and to come back to the Board with an estimated dollar figure Policies & Mr Hutchinson informed the Board that he had processed payment of Procedures the registration fee of $40 00,each, out of the In-State Travel Account for the five members of the Board to attend the New England Public Policy Seminar to be held on April 14 and April 15 in Lexington It was noted that a policy decision is to be made on such matters at upcoming meetings on Selectmen's Policies and Procedures Real Mr Hutchinson agreed to work with Mrs Miley on input for a meeting Estate to be held at the Mass League of Cities and Towns on a bill to classify 100% Evalua real property assessments into different categories 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, 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 11 30 a m. A true record, Attest Executive Clerk, Selec nen 193 SELECTMEN'S MEETING MARCH 27, 1978 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building on Monday, March 27, 1978, at 7 00 p.m. Chairman Battin, Mr Busa, Mrs Miley, Mr Kent and Mr Crain; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs McCurdy, Executive Clerk; Mrs Nancy Banks, Assistant to the Town Manager were present At the request of the Town Clerk, the following jurors were drawn Jurors Steven H Groves 18 Winthrop Road Linda L Niland 52 Laconia Street Sarah G Green 157 East Street Robert H Peyton 28 Eaton Road Edwin L Loturco 5 Turning Mill Road Mary M. Curro 5 Page Road Glen R. Viste 36 Oakmount Circle Thomas A Toomey 11 Westwood Road Chairman Battin conducted hearings on petitions from the Boston Boston Edison Edison Company and the New England Telephone Company for the installa- Conduit tion of conduit in various locations within the Town All abutters had been notified of the hearings No one appeared in favor or in opposition The Director of Public Works approved all locations Ms Carol Clinton represented the Edison Company and Mr Roland Pinault represented the Telephone Company Upon motion duly made and seconded, it was voted to grant permis- Middle St - sion to the Boston Edison Company for the following location of conduit, Idylwilde Rd. which had been completed, to provide electric service for twelve homes on Idylwilde Road Middle Street, at Idylwilde Road, a distance of 20 feet-- conduit Idylwilde Road, at Middle Street, a distance of about 25 feet -- conduit Upon motion duly made and seconded, it was voted to grant permis- Worthen Rd - sion to the Boston Edison Company for the following location of con- Ryder Lane duit to provide electric service to Ryder Lane and Vynebrook Village Housing Development Worthen Road, at and northeasterly from Ryder Lane, a distance of about 57 feet - Conduit Upon motion duly made and seconded, it was voted to grant permis- Paul Revere sion to the Boston Edison Company for the following location of con- Rd -Powers Ct duit to provide electrical service to the Powers Court Development Paul Revere Road, at northwesterly from Powers Court, a distance of about 22 feet - conduit 194 Selectmen's Meeting March 27, 1978 East St - Upon motion duly made and seconded, it was voted to grant permis- Frost Rd. sion to the Boston Edison Company for the following location of conduit to provide electric service to Fiske Commons Condominiums East Street,approximately 55 feet west of Frost Road -- a distance of about 35 feet - conduit East Street, southeasterly, approximately 146 feet east of Frost Road -- a distance of about 15 feet -- conduit The Board agreed with Mr Crain's request that he refrain from any discussions and votes on matters pertaining to the New England Telephone Company NET & T Co Upon motion duly made and seconded, it was voted 4-0, Mr Crain East St abstaining, to grant permission to the New England Telephone Company Frost Rd for the following location of conduit on East Street to provide tele- phone service to Fiske Commons Condominiums East Street on the southerly side, from existing Pale 21/7 located approximately 57'+ (feet) east of Frost Road, east- erly approximately 25'+ (feet) to private property off East Street; approximately 25'+ (feet) of conduit N E T & T Co Upon motion duly made and seconded, it was voted 4-0, Mr Crain East St abstaining, to grant permission to the New England Telephone Company Frost Rd for the following location of conduit to provide telephone service to Fiske Commons Condominiums East Street on the southerly side, from existing Pole 21/5 located approximately 50'+ (feet) west of Frost Road, westerly approximately 45'+ (feet) to private property off East Street, approximately 45'+ (feet) of conduit Chairman Battin read a petition from the New England Telephone Poles- Company and the Boston Edison Company for approval of joint ownership Worthen Rd of two Boston Edison poles located on Worthen Road Approval is recom- mended by the Director of Public Works/Engineering Upon motion duly made and seconded, it was voted 4-0, Mr Crain abstaining, to approve the request of the New England Telephone Company and the Boston Edison Company for joint ownership of poles at the follow- ing location Worthen Road on the northerly side, approximately 152'+ (feet) east of John Poulter Road, two (2) poles 345/51 - 345/52 Poles- Chairman Battin read a petition from the New England Telephone Hancock St Company and the Boston Edison Company for approval of the relocation of poles on Hancock Street Approval is recommended by the Director of Public Works/Engineering Upon motion duly made and seconded, it was voted 4-0, Mr Crain abstaining, to approve the request of the New England Telephoe Company and the Boston Edison Company for the relocation of joint-owned poles at the following location 195 Selectmen's Meeting -3- March 27, 1978 Hancock Street (A) on the southerly side, approximately 23'+ (feet) east of Hayes Avenue, two (2) poles, 42/19 - 42/20, two poles to be removed (B) on the easterly side, approximately 85'i (feet) south of Hayes Avenue, one (1) pole 42/17, one (1) pole (C) on the southerly side, approximately 275'+ (feet) west of Hancock Avenue, one (1) pole 42/9, one (1) pole to be removed Chairman Battin read a petition from the New England Telephone Com- Poles- pany for approval of the relocation of one pole on Taft Avenue Taft Avenue Approval is recommended by the Director of Public Works/Engineering Upon motion duly made and seconded, it was voted 4-0, Mr Crain abstaining, to approve the request of the New England Telephone and Telegraph Company and the Boston Edison Company for the relocation of a joint-owned pole at the following location Taft Avenue on the southerly side, approximately 16'+ (feet) east of Sutherland Road, one (1) pole 131/4, one (1) pole to be removed Chairman Battin read a letter from the Pilgrim Congregational Permit- Church requesting permission for the Lexington Minute Men to assemble Battle Green on the Battle Green on Sunday, April 16, at 9 30 a.m and march, with April 16 a Police escort, down Hancock Street to Coolidge Avenue to the Church Members of the Board were invited to join the march and attend the Patriots' Day worship service, which is to be an authentic reproduc- tion of the worship observed 200 years ago Mr Busa raised the question of possible costs being involved in the Police Department for traffic control, and the Board agreed to re- quest the Pilgrim Congregational Church to coordinate the event with the Town Manager and to contact Chief Corr to make arrangements for a Police escort Chairman Battin read a request from the Lexington Baseball Associa- Baseball tion for a parade permit on Saturday, April 29, commencing at the Parade Muzzey Junior High at 1 00 p.m The Board agreed that a similar request may be received from the Lexington Little League and, in accordance with the procedure adopted last year, a single permit should be granted _ to the Recreation Committee to coordinate the parade Upon motion duly made and seconded, it was voted to grant a parade permit to the Recreation Committee under whose auspices the various recreational groups would march in a parade on Saturday, April 29, to open the spring sports' season Chairman Battin read a request from Mr Theodore L. Freeman for a Sewer- release under the sewer moratorium for a sewer connection to service Freeman 11 Bicentennial Drive (Lot 411) A copy of the letter had been sent to Town Counsel, who recommended that the request be denied 196 Selectmen's Meeting -4- March 27, 1978 Upon motion duly made and seconded, it was voted to deny the re- quest from Mr Theodore L Freeman for a sewer connection to service 11 Bicentennial Drive Bond- Chairman Battin requested the Board's approval of a bond Constable Upon motion duly made and seconded, it was voted to approve the bond for Constable John J Shine, Jr in the amount of $3,000 upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meetings held on January 5, January 9, and March 20, 1978 Express Mr Hutchinson informed the Board that express bus service will Bus start on April 10 and, during the 90-day permit which was granted, re- Service ports will be given to the Selectmen Mrs Nancy Banks, Assistant to the Town Manager, said that, in addition to Lexington's 90-day permit to Metropolitan Coach, M B T.A must grant a 90-day permit,which they have verbally indicated to do so, and written confirmation is forthcoming M.B T.A suggests that we evaluate the service after 30 days to determine, at that point, whether we should pursue the matter of permanent bus service At the end of 30 days, she will submit a report to the Town Manager Mr Busa asked if, after 90 days, it would be brought back to the Board and then other people could submit or resubmit proposals and, perhaps, with a different rate structure? Mr. Hutchinson said that if the service is going well with the existing vendor, he saw no need to change unless there is a legal requirement to do so However, on a long-term basis, he will pursue Mr Busa's question Wood Street Mr Rosenberg, 165 Wood Street, presented petitions to the Board Sidewalk requesting (1) that the present sidewalk on Wood Street be extended from and Holton Road to Bates Road; (2) that the speed limit on Wood Street be Traffic reduced to 30 MPH; (3) that through truck traffic be prohibited on Wood Street Mr Rosenberg said that large trucks are using it as a main, through road connecting from Mass Avenue to Hanscom Field, and we would not want to stop deliveries in the area, which would include Lincoln Lab, but somehow to prevent the truck traffic which should be using Route 128 to get around Mr Rosenberg was informed that, according to the State, through truck traffic cannot be enforced unless an alternate route has been approved However, items 2 and 3 will be submitted to the Traffic Safety Committee for a recommendation, and item 1 will be placed on file for consideration at next year's budget process Mr Rosenberg retired from the meeting Article 26 Article 26-Acquisition of land for Cemetery purposes Mr £1 metery Hutchinson advised the Board that there is an understanding, in Land writing, with the property owners, subject to the approval of the Town Meeting and the Board of Selectmen, for an agreed upon price that 197 Selectmen's Meeting -5- is consistent with the opinion of value Article 15-Drains Notice of consideration having been served at Article 15 Town Meeting, the Board agreed to take the matter up at a later session Drains of Town Meeting Mr Hutchinson advised that the Engineering Department does not recommend going for a smaller package than originally submitted Mrs Nancy Banks, Assistant to the Town Manager, discussed the re- Cary Hall- quest from the Department of Employment Security for the use of Cary Hall Job Fair for a job fair Lexington has been selected because of the substantial number of industries in the area Employers would set up booths and people are able to pick up job applications and have a preliminary screening Upon motion duly made and seconded, it was voted to approve the re- request of the Department of Employment Security to conduct a job fair in Cary Hall on Saturday, April 22, 1978, from 9 00 a.m to 2 00 p.m , subject to payment of the custodian's fee The Board agreed to waive the customary charge of $35 00 for Cary Hall as it is considered to be a public service The Board agreed to serve notice of reconsideration if Article 19 Article 19 is not passed at Town Meeting, and to move that Article 10 be taken up Sewers after reconsideration of Article 19 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, to discuss strategy with respect to a matter of litigation. After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 7 46 p.m A true record, Attest —Ah 427c Executive Clerk, Selectmen 111 -‘4®3 SELECTMEN'S MEETING April 3, 1978 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, April 3, 1978, at 7 05 p.m Chairman Battin, Mr Busa, Mrs Miley, Mr Kent and Mr Crain; Mr Hutchinson, Town Manager; Mr Cohen Town Counsel, Mrs Nancy Banks, Assistant to the Town Manager, Mrs McCurdy, Executive Clerk, were present Mr Busa agreed to represent the Board at the Lexington High School Invitation Basketball Team banquet on May 24, 1978 Mr Kent may also attend Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Special Selectmen's meeting held on March 22, 1978 Mr Hutchinson recommended that the Board award contracts to the Contracts lowest bidders on sanitary sewer, street and drain construction Upon motion duly made and seconded, it was voted to award Contract 76-5-E 76-5-E to Great Northern Constructors, Inc , in the amount of $281,940 00, for the construction of sanitary sewers in Moon Hill Road, Moreland Avenue, Summit Road and Swan Lane Upon motion duly made and seconded, it was voted to award Contract 76-20-E 76-20-E to Great Northern Constructors, Inc , in the amount of $293,637 00, for the construction of sanitary sewer, street and drains in Crescent Road, Briggs Road, Great Rock Road and Green Lane Upon motion duly made and seconded, it was voted to award Contract 77-5-E to J F P Construction, Inc , in the amount of $409,750 06, for the construction of sanitary sewers in Marrett Road, Bacon Street Easement, Stedman Road, Bennington Road, Barnes Place, and Gibson Road Mrs Nancy Banks informed the Board that the express bus service Express Bus to Government Center will begin on Monday, April 10, from the Library, Service Worthen Road, and Parker School, with the first bus leaving at 6 42 a m and the last bus returning to the Library at 6 33 p m Fares are one- way ticket-$1 35; 12-trip ticket-$15 00; 20-trip ticket-$22 00 This service is to be on an experimental basis for a 90-day trial period, and survey forms will be available for commuter's recommendations The Board expressed appreciation to Mrs Banks for a job well done in planning and implementing the bus service The Board discussed strategy with respect to handling Article 28, Article 28 Recycling, at Town Meeting this evening Recycling The Board agreed to discuss at the April 5 meeting the language for Hancock School the Special Permit to be issued to Sydney & Noyes Associates, Inc , Hancock School developers Upon motion duly made and seconded, it was voted to adjourn at 7 50 p m A true record, Attest Executive Clerk, Selecmen 904 SPECIAL SELECTMEN'S MEETING April 5, 1978 A special meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Wednesday,April 5, 1978 at 7 35 p m Chairman Battin, Mr Busa, Mrs Miley, Mr Kent, and Mr Crain; Mr Cohen, Town Counsel; Mr Hutchinson, Town Manager, Mrs Nancy Banks Assistant to the Town Manager; Mrs McCurdy Executive Clerk, were present Hancock The Board discussed with Mr Cohen the language to be used on the School Selectmen's Special Permit to Sydney & Noyes Associates, Inc , devel- Special Permit opers of the Hancock School Upon Mr Busa's recommendation, the Board agreed to include the requirement of a performance bond of $25,000 for site and landscaping work Also, to stipulate that Mr Emanuele Coscia, DPW Manager of Planning and Administration, is to monitor the project Mr Cohen is to return on Monday, April 10, to request the Board's signatures Abatement- Mrs Nancy Banks recommended that the Board approve the previously Cemetery Lot tabled request from Mr McSweeney to abate the unpaid balance due on Payment two Westview Cemetery lots, which had been purchased in 1976 She ad- vised the Board that the $50 00 deposit had been returned to Mr Kevin B Turner, and the $100 00 deposit had been returned to Mr and Mrs John E Niland, III There had been no response to numerous requests for payment; therefore, we must abate the balances which are still shown on our books Upon motion duly made and seconded, it was voted to abate the following unpaid balance on two Westview Cemetery lots Lot #30, Sunset, Range G-two grave lot, $107 50; Perpetual Care, $192 50; Total of $300 00 Lot #32, Sunset, Range G-two grave lot, $57 50; Perpetual Care, $192 50; Total of $250 00 Annual Chairman Battin requested the Board's consideration of the re- Appointment appointment of Gaynor K. Rutherford as a Trustee of Public Trusts Trustee of As a lawyer, Mr Rutherford is concerned because his term expired on Public Trusts March 31, 1978 and, until action is taken by the Board, he is unable to execute documents involving the Trustees Upon motion duly made and seconded, it was voted to re-appoint Mr Gaynor K. Rutherford a Trustee of Public Trusts for a term of six years expiring March 31, 1984 Mr Rutherford is to be requested to call at the Town Clerk's office to be sworn to the faithful per- formance of his duties as a Trustee '0a Selectmen's Meeting - 2 - April 5, 1978 Mr Hutchinson discussed a request from Mr Leo Gaughan, Chair- Trustees man of the Town Celebrations Committee, for $500 00 from the Leroy of Public Brown Trust Fund, which would be used to defray some of the Patriot's Trusts - Day parade expenses Mr Hutchinson recommended that the Board ask Town Celeb the Trustees for approval of this expenditure as funds are available Committee from this Trust for celebration purposes Upon motion duly made and seconded, it was voted to request ap- proval of the Trustees of Public Trusts of an expenditure of $500 00 from the Leroy Brown Trust Fund to the Town Celebrations Committee for expenses incurred on Patriot's Day, April 17, 1978 The Board agreed to tactfully recommend to Town Meeting this Town Meeting evening that no sessions be held during the week of April 17-21 be- Sessions cause of school vacation The Board agreed to move to table Article 50, Route 3 land, Article 50- until the end of the Warrant Rte 3 Land Upon motion duly made and seconded, it was voted to adjourn at 7 50 p.m A true record, Attest `\ + i'itLelerk, Selectmen 906 SELECTMEN'S MEETING April 10, 1978 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, April 10, 1978 at 7 30 p m Chairman Battin, Mr Busa, Mrs Miley, Mr Kent and Mr Crain; Mr Hutchinson, Town Manager; Mrs Nancy Banks, Assistant to the Town Manager; Mr Cohen, Town Counsel; Mrs McCurdy, Executive Clerk, were present Appointments Chairman Battin requested that appointments be made to the Historic Historic Districts Commission and the Associate Membership The terms of Mr Districts Packard and Ms Harkness have expired and it is recommended that they be Commission re-appointed The Historical Society has submitted the recommendation that Mr John L. Davies (current Associate Member) be appointed a regular member, and Mr Richard S Morehouse be appointed an Associate Member, to fill the unexpired term of Mr Davies Upon motion duly made and seconded, it was voted to appoint the fol- lowing members of the Historic Districts Commission and Associate Member- ship Commission Membership Re-appoint Term Expiring John R. Packard (Historical Society) January 1, 1983 Appoint John L Davies (Historical Society) January 1, 1981 Moved up from Associate Membership to fill Mrs Samoylenko's Term. Associate Membership Re-appoint Sarah P Harkness (Library Trustee) January 1, 1983 Appoint Richard S Morehouse (Historical Society) To fill Mr Davies' Term January 1, 1979 Sewer Chairman Battin read a request from Attorney Patricia Hagedorn for Moratorium- a determination on the applicability of the sewer moratorium on Lot 14, Building Permit Winter Street Winter St It was the recommendation of Town Counsel that the request be de- nied because there were questions relating to the legal status of the lot and whether it was buildable under the zoning by-laws, and those questions were not resolved until after the sewer moratorium went into effect on November 7, 1978 907 Selectmen's Meeting -2- April 10, 1978 The Board of Selectmen decided that since the application had in fact been submitted prior to the date of the moratorium and, in view of the fact that it has now been ruled that the lot is in. eoiiance with the zoning by-law, the Board agreed that the sewer moratorium did not apply to the building permit request submitted on Lot 14 on Winter Street Upon motion duly made and seconded, it was voted that the sewer moratorium did not apply to the building permit request submitted by Attorney Patricia K. Hagedorn on Lot 14 on Winter Street Chairman Battin 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 Cub Scout Pack 120 to use the Battle Green on Wednesday, April 19, ],978, from 7 00 p m. to 7 30 p.m for a reenactment of the Battle of Lexington, subject to the condition that it be conducted under the supervision of the Town Manager and the Chief of Police Chairman Battin read a letter from the Masterworks Chorale re- Auction- questing permission to conduct an auction on May 6, 1978, from 12 00 Masterworks Noon to 5 00 p.m and approval of the distribution of fliers and a sandwich-type sign in the Center area on that day Also, Board members were invited to be guest auctioneers Upon motion duly made and seconded, it was voted to grant permis- sion to the Masterworks Chorale to conduct an auction, with a licensed Lexington auctioneer present, at the First Parish Church on Saturday, May 6, 1978, from 12 00 Noon to 5 00 p.m , to approve the distribution of fliers and for a member to wear a sandwich-type sign in the Center area on that day Mr Busa and Mr Kent agreed to participate as guest auctioneers Chairman Battin read a request for approval of an address for a Certificate Corporation, of Incorp Upon motion duly made and seconded, it was voted to approve the request from Secreatary Guzzi for a mail drop located at 23 Middle Street for the Lexington Little League, Inc Chairman Battin read a request for a change in opening hours on Liquor- Sunday from 1 00 p m. to 11 00 a m for the purpose of serving Sunday Lee Ann's brunch at Lee Ann's Restaurant Restaurant Upon motion duly made and seconded, it was voted to approve the Hours request of Attorney Stephen Russian for permission to extend the hours of operation under the Common Victualler All Alcoholic Beverages license from 1 00 p m. to 11 00 a m on Sundays for the purpose of serving Sunday brunch at Lee Ann's Restaurant Chairman Battin read a request from the Elks Lodge for an exten- sion of hours on holidays Club Upon motion duly made and seconded, it was voted to approve the Holiday Hours request of the Lexington Lodge of Elks No 2204 for an extension of hours under the Club liquor license to 1 00 p m on the following holidays: vos Selectmen's Meeting -3- April 10, 1978 April 17, May 29, July 4, September 4, October 9, 1978 and January 1, 1979 Resignation- The Board briefly discussed a letter from Mr Frank Sandy stating Sanitary Land- his personal feelings about the sanitary landfill prooedures and sub- fill Adv Comm mitted his resignation as Chairman and member of the Sanitary Landfill Advisory Committee The Board acknowledged Mr Sandy's resignation, subject to further discussion Upon motion duly made and seconded, it was voted to accept the resignation of Mr Frank Sandy as Chairman and a member of the Sanitary Landfill Advisory Committee Auctioneer 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 March 31, 1979 Minutes Upon motion duly made and seconded, it was voted to approve the minutes of Selectmen's meetings held on March 27-A.M & P.M , March 29, April 3, and April 5, 1978 Dogs The Board agreed to make a determination on April 12, concerning the Fallavollita/Martin dog hearing held on April 5, 1978 Wild Acre Mr Hutchinson recommended that the Board authorize Dr Bernard Water Line Yudowitz, owner of Wild Acre Inn located at 50 Percy Road, to install a new 4" water line for fire protection purposes Plans have been re- viewed and accepted by the Director of Public Works/Engineering, sub- ject to one condition This work would be done at the owner's expense Mr Busa said that it is his understanding that a 6" water line is required for a sprinkler system but he had no objection if the 4" line was approved by the Public Works Department Mr Hutchinson agreed to talk with Public Works and resolve the matter Upon motion duly made and seconded, it was voted to authorize Dr. Bernard Yudowitz to install a 4" water line for fire protection at the Wild Acre Inn, 50 Percy Road, at the owner's expense, subject to the condition that the contractor shall supply one 12" x 14" tapping sleeve and valve, and one length of 4" ductile iron pipe to be installed by the Town at the contractor's expense Hancock School Mr Cohen requested the Board to sign the Special Permit for the Special Permit conversion of the Hancock School Upon motion duly made and seconded it was voted to sign the Special Permit under Section 28 of the Lexington Zoning By-Laws to Sydney & Noyes Associates, One Lincoln Street, Newton, for the conversion of the former Hancock School into 18 condominium units 209 FINDINGS AND DECISION Selectmen's Meeting April 10, 1978 Pursuant to Zoning Bay-Law Sections 28, 13 and 12 2 After site plan review under Section 13, consideration of recommendations from the Planning Board, Director or Public Works and Engineering and the Board of Health and in accordance with Section 12 2, the Board of Selectmen finds 1 If the proposed conversion is carried out in conformance with the development proposal approved by the Town Meeting on December 7, 1977 (which proposal is in- corporated herein by reference) , with such minor deviations as are shown on the plans submitted with the Application for Special Permit, which plans conform sub- stantially to the development proposal approved by the Town Meeting, such conversion will constitute a suitable development and will not result in substantial detriment to the neighborhood 2 The proposed conversion will be a practical residential development, compatible with the neighborhood and will create in the neighborhood economically priced and a variety of housing 3 The public welfare and convenience will be substantially served by the granting of the special permit 4. The requested permit will not tend to impair the status of the neighborhood 5 The requested permit is for a use in harmony with the general purpose and intent of the Zoning By-Law 6 Pursuant to G L c 40A, s 6, the proposed conversion of the Hancock School Building will not be substantially more detrimental than the existing nonconforming use to the neighborhood GRANTED, unanimously,a special permit pursuant to said sections, subject to the following conditions 1 All work required hereunder shall be promptly begun and diligently prosecuted to completion and shall be undertaken in accordance with the development proposal approved by the Town Meeting on December 7, 1977 2 All drainage from proposed parking areas shall be intercepted on site and dis- posed of in the municipal drainage system 3 All rubbish, trash and debris created by construction work shall be stored, handled and/or disposed of in a sanitary manner Rubbish, trash and debris shall not be disposed of by burning or burying on site 4. After completion of the conversion of the School to condominium units, the owner of the building shall provide, in accordance with Board of Health regulations, as many receptacles as are necessary for the storage of garbage and rubbish to con- tain the accumulations of garbage and rubbish before final collection or ultimate disposal These containers shall be located so that they are convenient to the occupants and so that no objectionable odors or conditions are created by the means of storage A wooden fence six feet high shall be erected around the containers and access to the containers shall be by means of a gate in said fence 910 Selectmen's Meeting -4- April 10, 1978 5 Garbage and rubbish to be disposed of in the Lexington Sanitary Landfill facility shall be separated as required by landfill regulations 6 The developer shall spend at least $25,000 on plants, trees, shrubs and general landscaping of the site in accordance with the terms of a letter dated April 3, 1978, from Sydney & Noyes Associates to Mr Al Busa (Alfred S Busa) The developer shall post a bond in the sum of $25,000 to secure the due performance by it of its obligations hereunder, and such bond shall be released only with the written approval of Emanuele Coscia, Jr , Manager of Planning and Administration of the Town of Lexington 7 Neither the special permit hereby granted nor any rights thereunder shall be assignable (except to purchasers of the condominiums and lenders to the developer or to such purchasers for the purpose of such purchase) prior to the completion of all work This permit will lapse on March 13, 1980, if action is not taken under it and if all work is not done by said date Copies of this decision have been filed with the Planning Board and Town Clerk Before acting on this permit, it will be necessary to secure permits from the Building and Inspection Department In accordance with State law, before this permit becomes effective, a copy ' hereof must be recorded at the Registry of Deeds by the petitioners The Board hereby makes a detailed record of all its proceedings relative to such petition and hereby sets forth that the reasons for its decision are its findings hereinbefore set forth and the testimony presented at the said hearing-,in- cluding that herein summarized, and directs that this record immediately follow- ing this decision shall be filed in the office of the Town Clerk of Lexington and shall be a public record and that notice of this decision shall be mailed forthwith to each party in interest Upon motion duly made and seconded, it was voted to adjourn at 7 56 p m. A true record Attest. . c Executive Clerk, Selectmen 211 SPECIAL SELECTMEN'S MEETING April 12, 1978 A special meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Wednesday, April 12, 1978, at 7 35 p.m Chairman Battin, Mr Busa, Mrs Miley, Mr Kent and Mr Crain; Mr Hutchinson, Town Manager, Mr Cohen, Town Counsel; Mrs Nancy Banks, Assistant to the Town Manager; Mrs McCurdy, Executive Clerk, were present Chairman Battin read a request to conduct a car wash in the Diamond Permit - I Junior High parking lot and in Depot Square Car Wash The question was raised about the exact specific area to be used at Depot Square, and it was agreed that the students should work with the Town Manager and the Chief of Police regarding their plans Upon motion duly made and seconded, it was voted to grant permis- sion to the Diamond Junior High Student Council to conduct a car wash in the school parking lot on Friday, April 28, and at Depot Square on Satur- day, April 29, from 10 00 a.m to 2 00 p m , subject to the condition that the project be supervised by the Town Manager and the Chief of Police The Board discussed the dog hearing conducted by Mr Busa on April Dog Hearing 5, 1978 at 9 00 a.m upon the written complaint of Mr Antonio P Fallavollita that a mixed breed dog owned by Mr Edward Martin, 12 Valley Road, is a nuisance by reason of vicious disposition Mr Busa recommended that the dog be equipped with a heavy welded chain Also, the letter to be sent to Mr Martin regarding the Board's determination should state that if the Board of Health receives any further formal complaints about the dog, Mr Martin shall remove the dog from the Town of Lexington within 10 days upon receipt of certified notification. Mr Kent objected to action being taken, without another hearing, following a further formal complaint After discussion, it was agreed that Mr Hutchinson is to come back to the Board with a draft of a letter to Mr Martin stating that if a complaint is served,investigation will be pursued and, if found to be substantiated, the dog will have to be removed Chairman Battin read a request from W R Grace & Co for three 1-Day Liquor special liquor licenses License Upon motion duly made and seconded, it was voted to sign 1-Day Special Liquor Licenses for retirement parties to be held at W R. Grace & Co on April 18, April 27, and May 11, 1978. Chairman Battin requested approval of bonds Bonds Upon motion duly made and seconded, it was voted to approve a bond for Miss Mary R. McDonough, Town Clerk, in the amount of $6,000 which will be submitted to the State Department of Corporations and Taxation for approval 9 9 JL 6.01 Special Selectmen's Meeting April 12, 1978 Upon motion duly made and seconded, it was voted to approve a bond for Mr Roy J Murphy, Town Constable, in the amount of $3,000 Resignations Chairman Battin requested the Board to accept two resignations Upon motion duly made and seconded, it was voted to accept the resignation of Mrs Inez B Hazel as a member of the Town Celebrations Committee, subject to a letter of resignation being submitted by her to the Town Clerk Upon motion duly made and seconded, it was voted to accept the resignation of Mr Oliver F Hooper as an Associate Member of the Historic Districts Commission representing the Arts & Crafts Society Selectmen's The Board agreed not to meet during Patriots' Day Week Meetings Article 36 The Board discussed the motion for Article 36-Bicycle Paths and Bicycle Paths agreed to Town Counsel's recommendation to delete "federal funds" as there is no federal money involved Also, with this deletion, a majority vote of Town Meeting will be required rather than a two- third's vote Executive Upon motion duly made and seconded, it was voted by a 5-0 role Session 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 8 02 p.m A true record, Attest )111).i Executive Clerk, Selectmen I SELECTMEN'S MEETING April 24, 1978 A regular meeting of the Board of Selectmen was held in the Select- men`s 'Meeting Room, Town Office Building, on Monday, April 24, 1978 at 7 00 p m. Chairman Battin, Mr Busa, Mrs Miley and Mr Kent; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mr Coscia, DPW Manager- Planning & Administration; Mr Martin, Assistant Town Engineer; Mrs Banks, Assistant to the Town Manager; Miss Casey, Principal Clerk were present At the request of the Town Clerk, the following jurors were drawn Jurors Peter M Walsh 12 Lee Avenue Anita L Andelman 1130 Mass Avenue Lottie T Ambrose 286 Woburn Street Martin Gibbs 32 Slocum Road Kathleen White 38 Fletcher Avenue Jeffrey S Maron 11 No Hancock Street } James W.McDevitt 17 Hamilton Road # Robert C Hogan 15 Dee Road Grace L Peabody 64 Locust Avenue Upon motion duly made and seconded, it was voted to appoint Mr Appointment Howard C Mason, 23 Reed Street an Associate Member of the Historic Historic III Districts Commission, representing the Lexington Arts and Crafts Districts Society, Inc , for a term of office to January 1, 1983 Upon motion dulymade and seconded, it was voted to approve the Bonds P PP following bonds Treasurer Tax Collector $160,000 Louis A Zehner, Town Treasurer $155,000 Doris E Barclay, Tax Collector Chairman Battin read two requests from LeeAnn McGrath, owner of Request Lee Ann's Restaurant one for an entertainment license for June 10 for Entertainment a wedding reception and one for an entertainment license for Thursday, License Friday and Saturday evenings for organ music from 7 00 p.m to Lee Ann's 12 00 midnight Mr Busa posed several questions that he felt needed answers before entertainment licenses should be issued The Board agreed and it was decided to invite Mrs McGrath to next Monday's meeting The Chairman read a letter from Ms Leslie Ochlis, Clothes Drive Permit Committee of Diamond Junior High School for permission to conduct a Clothing Drive clothing drive to aid the people of Revere and Scituate who suffered Diamond Jr losses during the February blizzard Permission was requested to High place collection booths at the Sanitary Landfill, the school and the library II/ Upon motion duly made and seconded, it was voted to grant permis- sion to the Clothes Drive Committee to conduct a clothing drive and place collection booths at the Sanitary Landfill and the school and library subject to the approval of the School Department and the library officials 214 Selectmen's Meeting - 2 - April 24, 1978 Minutes Upon motion duly made and seconded, it was voted to approve the minutes of January 12, April 10 and April 12, 1978 Requests The Chairman read requests for the use of Estabrook Hall for Upon motion duly made and seconded, it was voted to grant permission Estabrook to the MAPC for the use of Estabrook Hall on May 3 at 7 30 P M for the Hall meeting concerning the 1978 Massachusetts Outdoor Statewide Comprehensive Outdoor Recreation Plan The request of Mark Moore, Jr for permission to hold a business meeting of Center Village Trust on May 1 from 7 45 P M. to 10 00 P M. was tabled until research has been done regarding the renting of the hall to a business group Bicycle The Chairman informed the Board that she received a message from Paths the Recreation Committee stating that they were having a hearing on the Hearing bicycle paths and would like representatives from the Board of Selectmen The hearing will be on April 27 Mr Busa stated that he would not be able to attend and requests a full hearing before the Board of Selectmen when the time comes The other members of the Board plan to attend and Mrs Battin stated that it should be made clear that it was not a Board of Selectmen's hearing and that they were there just to listen Contin- The Board met with the Board of Health relative to the contingency gency sewer plan Sewer Mr Hutchinson referred to the letter of March 7, 1978 from the Board Plan of Health requesting immediate action to be taken to prepare and to im- plement a workable contingency plan to eliminate the present health hazard He stated that there have been negative experiences with the present con- tingency plan in the Saddle Club area and other areas in town He stated than an old relief sewer line has been made available for overflows which it is hoped will assist people in that area He cautioned the Board that even if the sewer moratorium was continued it would be no guarantee that the problem would be solved He suggested that it was not an easy decision to make and the economic growth of the town would also be affected Mr Martin, Assistant Town Engineer, briefed the Board on the plan that will be put into operation during the "low flow" period during the months of July and August He stated that approximately 60% Of the town is under the sewer moratorium He explained the problem as one where there are two receiving sewers -- a 30 inch trunk and a 16 inch main outlet sewer There are 36 and 24 inch pipes which receive the flow from the North Lexington pumping station and a 24 inch from the Hayes Lane and the downtown area The larger sewers are pumping into the smaller ones and that is what creates the problem When the 30 inch MDC is running to capacity the elevation of the water rises and flows into a 16 inch overflow which then utilizes the old 16 inch line causing back-ups It is proposed to make a short 24 foot connection between the 24 and the old 16 and use the full capacity of the 16 and then overflow into the 30 He stated that they were not sure that it would work, but that it would buy some time and might possibly solve the problem 441 Selectmen's Meeting - 3 - April 24, 1978 Mr Martin stated that he felt confident that Phase II of the Hayes Lane is going to be part of the ultimate solution The Engineering Department wants to make sure before they go ahead that they don't once again move the problem further on down to the Arlington line Dr Erdos of the Board of Health requested the Engineering Department to look at the question of the estimated number of new connections that would be made in the next two or three years and what they would add to the problem and whether or not a real solid public education about how to diminish inflow into the system in the spring, about to conserve your water, where not to put you sump pumps and whether or not this would have any effect Mr Martin is to look into the matter and report back to the Board The discussion is to be continued at a later date The Chairman thanked the Board of Health for coming and they retired from the meeting The Town Manager requested approval for a change in hours at the Sani- Sani- tary Landfill tart' Upon motion duly made and seconded, it was voted to approve the follow- Landfill ing hours at the Sanitary Landfill Hours Monday 8 00 a.m - 5 00 p m Tuesday 8 00 a m - 5 00 p m Wednesday Closed Thursday 8 00 a m - 5 00 p m Friday 8 00 a m - 5 00 p.m Saturday 8 00 a m. - 5 00 p.m Sunday 8 00 a m - 5 00 p.m The following hours will be observed from the third Sunday in June to Labor Day Monday 8 00 a m - 7 00 p m Tuesday 8 00 a m - 5 00 p m Wednesday Closed Thursday 8 00 a m - 5 00 p.m Friday 8 00 a.m - 7 00 p.m Saturday 8 00 a m - 5 00 p.m Sunday Closed The Town Manager requested the Board's approval of the garbage contract Garbage in the amount of $72,000 for three years with the additional stipulations of Contract a payout premium to be negotiated if the contract is terminated Upon motion duly made and seconded, it was voted to approve the gar- bage contract in the amount of $72,000 for three years with the additional stipulations of a payout premium to be negotiated if the contract is terminated I 1(3 - 4 Selectmen's Meeting April ril 24 1978 Town The Town Manager referenced the Board of Appeals letter of Report April 14 to the Board of Selectmen relative to errors in the Annual Corrections Town Report The letter stated that Article 10 of the Adjourned Special Meeting December 12, 1977 was inaccurate and the narratives explaining Articles 8, 10, 12, 13 and 23 in addition to being in- accurate, seem to contain the Planning Board positions to the Town Meeting which was felt to be out oll order Mr Hutchinson expressed his apologies to the Board of Appeals for the errors and stated that he had prepared a brief addendum to be distributed to Town Meeting Members reflecting the corrections Martin The Town Manager referred to the draft of a letter concerning the Dog dog owned by Mr Martin of Velley Road Mr Cohen pointed out that the Hearing letter should be sent from the Selectmen's Office and it was agreed that the letter would be written for Mrs Battin's signature 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 resuming open meeting Upon motion duly made and seconded, it was voted to adjourn at 8 00 P M. A true copy, Attest a.,.:„t5,7 Principal Clerk, Selectmen r 217 SPECIAL SELECTMEN"S MEETING April 26, 1978 A special meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Wednesday, April 26, 1978 at 7 30 P M. Chairman Battin, Mr Busa, Mrs Miley and Mr Kent; Mr Hutchin- son, Town Manager; Mrs Banks, Assistant to the Town Manager; Miss Casey, Principal Clerk, Selectmen, were present Mr Zehner met with the Board to request approval of the Board to Mr Zehner renew a note in the amount of $195,000 with the Shawmut Bank of Boston Bank Notes and two loans totaling $230,000 to the New England Merchants to run to June 16 at a nogotiated interest rate of 3 25% Upon motion duly made and seconded, it was voted to approve renewal of a note in the amount of $195,000 with the Shawmut Bank of Boston and two loans totaling $230,000 to the New England Merchants to run to June 16 at a negotiated interest rate of 3 25% The Chairman read a request from the Temple Emunah Senior Youth Permit Group for permission to conduct a car wash in Depot Square on May 7 Temple commencing at 1 00 P M. Emunah Upon motion duly made and seconded, it was voted to grant permis- Car Wash sion to the Temple Emunah Senior Youth Group to conduct a car wash in Depot Square on May 7 commencing at 1 00 P M. The Chairman informed the Board that the taxi cab licenses of the Arlex Taxi Arlex Taxi Corporation d/b/as Lexington Cab Company will expire on Co d/b/as May 2 The Town Manager stated that he had received a report from the Lexington Police Department indicating that renewal of the licenses was in order Cab Licenses Upon motion duly made and seconded, it was voted to renew the nine taxi cab licenses for the Arlex Taxi Corporation d/b/as Lexington Cab Company to expire on May 1, 1979 The _Board again reviewed the request of Mark Moore, Jr President Rental of the Center Village Condominium Trust for the use of Estabrook Hall or Visitors' the Visitors' Center on May 1 for a business meeting It was agreed Center that it would not be consistent with the terms of the will of Susanna Cary to rent Estabrook Hall to a business interest, but the Board did agree to the use of the Visitors' Center Upon motion duly made and seconded, it was voted to grant permission for the use of the Visitors' Center to the Center Village Condominium Trust for a business meeting on May 1, 1978 from 7:45 P M. to 10 00 P M. 218 - 2 - Selectmen's Meeting April 26, 1978 Youth The Board discussed the letter of April 21 from the Recreation Com- Baseball mittee relative to the request for two Selectmen to throw the first ball Parade to each league after the Youth Baseball Parade on April 29 Mr Buse and Mr. Kent plan to attend and have requested Ms Joan Halverson to get in touch with them beforehand Other items on the agenda were postponed until Monday, due to lack of time at this 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 litigation with no intention of resuming open session Upon motion duly made and seconded, it was voted to adjourn at 7 43 P.M. A true record, Attest 0 Principal Clerk, Sel tmen 919 4,4 SELECTMEN'S MEETING May 1, 1978 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday May 1, 1978 at 7 30 p m. Chairman Battin, Mr Busa, Mrs Miley, Mr Kent, and Mr Crain; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Director, Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present Mrs Lee Ann McGrath, owner of Lee Ann's Restaurant, 1720 Massachu- Entertainment setts Avenue, met with the Board to request an Entertainment license for License a 3-piece band and a dance floor for a wedding reception on Saturday, Lee Ann's June 10, 1978, from 12 00 Noon to 6 00 p m Also, an Entertainment License for organ music on Thursday, Friday and Saturday evenings from 7 00 p m. to 12 00 Midnight In response to the Board's questions, Mrs McGrath said that she would come back to the Board if she had other function requests for an orchestra and dancing; there would be no more than 100 people involved, and there are ample underground parking facilities Also, she hoped that permission would be granted for organ music on three evenings a week Mr Hutchinson said that if the Board approves, he recommended that it be subject to building and fire regulations The Board agreed, and reminded Mrs McGrath that, under the Common Victualler All Alcoholic Beverages license, food is to be served in conjunction with liquor Upon motion duly made and seconded, it was voted to sign the Enter- tainment license for Lee Ann's Restaurant, 1720 Massachusetts Avenue, for a 3-piece band and a dance floor for a wedding reception in the dining room on June 10, 1978 from 12 00 Noon to 6 00 p.m , subject to building and fire regulations Upon motion duly made and seconded, it was voted to sign the Enter- tainment license for Lee Ann's Restaurent for organ music on Thursdays, Fridays and Saturdays from 7 00 p.m. to 12 00 Midnight; license ex- piring December 31, 1978 Mrs. McGrath thanked the Board and retired from the meeting Mrs Frances Fletcher, General Manager of the Sheraton-Lexington Entertainment Motor Inn, met with the Board to request approval of a revision of the License Entertainment and Innholder liquor licenses for dinner dancing in the Sheraton dining room on Friday and Saturday evenings, and an extension of hours Lexington Inn from 12 00 Midnight to 1 00 a m. Mr Busa objected to an extension to 1 00 a m as he felt that food would not be served and, therefore, would result in drinking and dancing Mrs Fletcher responded that they would definitely serve food, and there are many late diners who would enjoy being able to dance We presently have permission for dancing in the small lounge and we would discontinue it and bring it into the dining room 242() Selectmen's Meeting - 2 - May 1, 1978 The question was raised as to whether there would be an overflow of people coming from the lounge into the dining room to dance Mrs Fletcher replied that she did not anticipate that happening but, if we felt it to be necessary, we would return to the Board The Board agreed that it had no objection to dinner dancing but to grant an extension beyond Midnight would set a precedent and therefore, should be discussed as a policy matter Mrs Fletcher was advised that if she desired to re-submit her request for an extension of hours to 1 00 a m. , the Board would then consider it as a general policy question Upon motion duly made and seconded, it was voted to sign an Enter- tainment license for the Sheraton-Lexington Motor Inn,, 727 Marrett Road, for dinner dancing in the main dining room on Friday and Saturday even- ings from 5 00 p m. to 12 00 Midnight, subject to building and fire regu- lations; license expiring December 31, 1978 Mrs Fletcher thanked the Board and retired from the meeting Massport Mr Allan F Kenney, Lexington's representative on the Governor's Agreement Hanscom Task Force, met with the Board Mr Kenney Said that the Task Force was set up in 1974 to advise the Massport concerning the transfer of the physical Air Base from the Air Force to the Massachusetts Port Authority At that time, there was a contentious issue of the possibility of expansion of the airfield, noise,etc Over the four years, the Air Force removed all of their planes and a noise abatement policy and a voluntary curfew were insti- tuted. By a series of actions such as these, members of the Task Force were able to come to a consensus, and this consensus was established as the policy recommendations, which were presented and adopted by this Board, and Concord, Bedford and Lincoln also adopted them These policy recommendations had been forwarded to the Port Authority, and they are very much aware of them because they have been part of them all the way along We expect that, at their meeting on June 15, they will incor- porate them in their Master Plan for Hanscom Field At that point, we feel that the Hanscom Task Force will go out of existence We feel, and Massport agrees, that there should be some continuing group to serve as advisory to Massport and as a liaison committee which could gather information and study it and generally represent the area with the operators of the Airport To that extent, the Task Force had adopted a resolution to ask the four towns to enter into a memorandum of under- standing with the Massachusetts Port Authority to establish a Hanscom Field Advisory Committee Mr Kenney recommended that the Lexington Board of Selectmen enter into the agreement (a copy of which he had previously submitted to the Board) Chairman Battin read a letter from the Chairman of the Lincoln Board of Selectmen suggesting that the following changes in the agreement be made (1) the Chairman of the proposed committee should be one of the Town's representatives; (2) Since it may be desired in the future to make amendments to the agreement, the method to be followed in such cases should be included in the original agreement Also, it was sug- gested that a joint meeting of the four Boards of Selectmen be held to discuss the agreement 221 Selectmen's Meeting - 3 - May 1,1978 Mr Kenney said, regarding Lincoln's first suggestion, it would probably be desirable but he did not think it should be set in concrete He felt it would be wise to let the new committee choose a chairman, who might possibly be a member of a citizens' group with the time, interest, and the expertise to be a great chairman Regarding the second point, he felt it was not a bad point and he had no trouble with it, as long as the Board remembers that this is a memorandum of understanding, not a contract He read Item 11 of the agreement," It is hereby mutually agreed by the Towns of Bedford, Concord, Lexington and Lincoln, in accor- dance with a vote of its board, to establish the Hanscom Field Advisory Committee as herein described " Mr Kenney recommended the following addition to that paragraph "It is further understood that this agreement may be amended in the same manner as that of its original adoption " He explained that if something comes up two or three years from now, and the people from Concord or Lincoln want to meet with the Selectmen of Lexington and Bedford and say that we want to change this, then do it in the same manner in which they arrived at this plan in the first place Beyond that, it further states in the agreement that the committee should have the power to organize itself and a majority of the committee may establish rules and regulations for the orderly conduct of the business of the committee We should, again, allow the committee to grow and hopefully, prosper The Task Force went over the agreement very carefully and it is quite compatible with what we have been trying to develop over the past several years The Board agreed with Mr Kenney's recommendations that a Chairman of the proposed committee should not be specified, and to the amended Section I, Item 11 of the agreement It as also agreed that a joint meeting of the four Boards of Selectmen would not be necessary at this time, unless the Town of Concord proposed many amendments Upon motion duly made and seconded, it was voted to accept the recommendation to enter into anagreement with the Massachusetts Port Authority and the Towns of Bedford, Concord and Lincoln to establish a Hanscom Field Advisory Committee GOVERNOR'S HANSCOM TASK FORCE Joint Agreement among Massport and the Towns of Bedford, Concord, Lexington and Lincoln. I PREAMBLE 1 The Massachusetts Port Authority owns and operates a General Aviation Airport at Hanscom Field; 2 Said Hanscom Field comprises parts of the towns of Bedford, Concord, Lexington and Lincoln; 3 Citizens of the aforesaid towns who reside near Hanscom Field are concerned about possible adverse effects of aviation operations on their quality of life; Selectmen's Meeting May 1, 1978 4 Business and labor interests are concerned that the value of the air- port as a factor in the economy of the region be maintained; 5 Citizens of the area generally are concerned that ground transport111 - ation planning issues be considered in a comprehensive, rather than piecemeal manner; 6 Massport and the four towns are concerned that land uses on the land owned by Massport but not used for aviation purposes and land adjacent to the air- port land be planned with a view to establishing mutually compatible uses; 7 For the past four years the Governor's Hanscom Task Force has been working with Massport in the interest of the various communities towards the establish- ment of a Master Plan for Hanscom Field; 8 Massport has recognized and dealt with the foregoing points in "Master Plan and Environmental Impact Statement" prepared by Massport and adopted by the Massport Board on June 15, 1978; 9 The Task Force will dissolve upon adoption of the Master Plan by the Massport Board; 10. There is a continuing need for liaison between the towns and the several public interest groups, and Massport on the implementation of the Master Plan and the resolution of peripheral land use and transportation planning issues; 11 Said Master Plan commits Massport to participating in the establishment of and working with a Hanscom Field Advisory Committee; 111 It is hereby mutually agreed by the Towns of Bedford, Concord, Lexington and Lincoln, in accordance with votes of their respective boards of selectmen, and by Massport, in accordance with a vote of its board to establish the Hanscom Field Advisory Committee as herein described It is further understood that this agreement may be amended in the same manner as that of its original adoption II PURPOSE AND SCOPE The Hanscom Field Advisory Committee is a group of representatives of the various interests affected by the operation of Hanscom Field as a General Aviation Airport It is established for the purpose of identifying the goals and concerns of the residential, business, institutional, environmental and governmental community in which the airport exists, and communicating them to Massport and others for use in formulating planning and operating decisions in the broad public interest It initiates and responds to proposals relating to such decisions, advocating the interests represented, and overseeing the imple- mentation of the Master Plan Further, it serves as a primary liaison between Massport and the respective represented interests 223 Selectmen's Meeting May 1, 1978 III COMPOSITION The interests to be represented on the Hanscom Field Advisory Com- mittee comprise: 1 Permanent members - the four contiguous towns 2 Ex officio members - Members of the U S Congress and the Massachusetts General Court whose districts include any parts of the four contiguous towns 3 Members qualified by the procedure of Section IV, below It is a goal of this agreement that the membership should be broadly representative of the various facets of public interest in the airport Appropriate interests include: 1) Aviation - Operators 2) Aviation - Pilots 3) Business Users 4) Organizations concerned over aircraft noise 5) Organizations concerned with the environment 6) Organizations concerned with transportation planning 7) Organizations concerned with land use and development 8) Organizations representing neighborhoods affected by the airport, though preferably not more than one such organization endorsed by each member Town 9) Other organizations having an interest in Hanscom related issues and an ability to contribute IV QUALIFYING PROCEDURE A. Qualifying Authority The Boards of Selectmen of the perma- nent member towns or their designees shall jointly determine what organizations shall be members of the advisory committee Mass- port may make recommendations and advise on the qualification of applicant groups In the event of a division, the vote of two of the four towns shall be required to qualify an applicant organization The following criteria shall be considered in the qualification process 1 HFAC should have balance, continuity and broad representation 2 Member groups should have a demonstrated ability to contribute; they should represent significant numbers of people 3 Groups should be organized, have stated goals, focussed field of concern, and be generally recognized as representatives of their constituencies 4 Duplication of philosophical or policy orientations should be avoided Groups having similar interests and goals should be encouraged to combine in membership in the interests of preserving balance 224 Selectmen's Meeting May 1, 1978 B Maintaining Qualification Regardless of the qualifications of any group, active participation shall be a condition of continued membership The qualifying authority shall annually review participation in HFAC, put non-participating groups on notice, and remove those that persistently neglect to participate C Representatives. Member groups shall designate their own repre- sentatives to HFAC Working alternates who can participate in the absence of representatives may also be designated V RELATIONSHIPS The HFAC will have the following working relationships A Massport Primary liaison on all issues as defined in the policy statement on p 31 of Draft Master Plan Report Massport will also supply clerical support and planning services related to aviation issues, on-eiirport land use, and effects of airport operations on off-airport land use B F A A. Participation by F.A.A in HFAC activites should be sought to obtain information on Federal aviation policy and on community participation activities in relation to air- ports in the country C Central Transportation Planning Staff There should be liaison with the C T.P S on ground transportation projects impinging on the Hanscom area D M.A P C Staff planning support on all other off-airport land uses of regional significance will be sought E Other governmental agencies with an interest in the area U S A F , E S D , the National Park Service and other interested governmental entities will be kept informed and invited to parti- cipate as their interests are involved VI MEETINGS AND PROCEDURES The HFAC shall meet on a regular bimonthly schedule with extra meet- ings when business requires All meetings shall be open, and non- members shall be afforded the opportunity to be heard to the extent consistent with the orderly conduct of the meetings The Committee shall not act as a parliamentary body, compromising or resolving issues or settling policy questions by vote Rather, it shall gather relevant information, evaluate it and communicate it to par- ticipants and related groups for response The Committee shall communicate such response to Massport and other appropriate agencies A majority of the Committee may establish rules and regulations for the orderly conduct of the business of the Committee 925 Selectmen's Meeting May 1, 1978 VII CHAIRMAN The Chairman shall be elected annually by the Committee members He or she shall perform the usual duties of the Chairman with respect to the conduct of meetings The Chairman shall have no authority to speak or act for HFAC except as directed by a vote of the Committee or to relate the contents of the record of the meetings He or she shall monitor and report to qualifying bodies on the adequacy of representation VIII. SUBCOMMITTEES HFAC may establish standing or special subcommittees Parti- cipation in subcommittee activity is not necessarily limited to HFAC members, but may include representatives of related govern- mental entities and nonmember participants iv Mr Kenney informed the Board that he was not a candidate for appointment to the new committee, and he recommended that the Board give consideration to one who is familiar with Town government and community affairs; particularly a person with an unbiased approach Mr Kenney was intered in continuing as a member of the Hanscom Community Council The Board thanked Mr Kenney and he retired from the meeting Mrs Janet Tassel, 21 Suzanne Road, and abutters of Willards Willards Woods met with the Board to discuss existing conditions in the Woods area They requested assistance in eliminating the use of motor bikes, motorcycles, overnight camping, excessive litter etc , and requested floodlights, night patrols, curfew, signs, and fences (road barrier) to be erected with access available only to police, fire and public works The possibility of a work restitution pro- gram for violators was also mentioned They suggested that a citizens' committee be formed to monitor the area and work with the Town Manager towards a solution to their problems It was agreed that Mrs Tassel is to make an appointment with Mr Hutchinson to discuss the matter In the meantime, Mr Hutchinson will talk with the police and fire chiefs, and explore the possibility of permanent signs, lighting, and a road barrier; he will explore a program of work restitution with Judge Forte Mr Louis A. Zehner, Town Treasurer, met with the Board to request Treasurer approval of a $625,000 bond issue for a four year term, rather than the $800,000 bond issue, with a five year maturity, which was anticipated in the FY 79 budget Because the bond issue will be less, we can liquidate a four year bond issue without an increase in debt service over the amount in the budget Mr Crain commented that it would be to the Board's advantage to have multiple year projections on debt service Mr Hutchinson agreed and said that he would look at the debt service Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Treasurer for a four year term for the $625,000 bond issue to be sold on May 23, 1978 and dated June 15, 1978 The Board thanked Mr Zehner and he retired from the meeting )2b Selectmen's Meeting - 4 - May 1, 1978 Sewer The Board discussed the sewer moratorium Mr McSweeney, Director Moratorium of Public Works, Mr McSweeney's Assistant Town Engineer, members of the Board of Health, Planning Board, Conservation Commission, and the Sewer Advisory Committee were present Mr Hutchinson said that, after a great deal of review in utilizing data that the Board has, reports filed with the Board of Health of our actual experience, which we discussed with them at our last meeting, and further review of planning reports relating to developed and un- developed land, looking at economic considerations as well as public health which is the primary consideration, there are also certain comments that the town has registered to the diversification of housing within the town My recommendation to the Board is the continuation of the sewer moratorium until April 1, 1979, with an exemption for commitments for low and moderate income housing, specifically keeping in mind the scattered sites housing grant that the town is pursuing and would not want to compromise In our discussion with the Board of Health, they did ask about gallonage We anticipate that the maximum development of the Vine Brook Water Shed area would place 125 new homes in the remaining 133 residential acres and the possibility of 363,000 sq ft of office in the remaining 50 acres of industrial land , producing potential gallonage of 125,000 to 200,000 gallons per day to the sewer system, depending on the nature of the facility and the level of development We are not able to ascertain that the additional contribution would seriously compromise the system; however, it would be another contributor to an existing serious problem Aspointed out at our last meeting, in the execution of our contingency g Y plan, we were able to ameliorate some problems and we had some negative experiences, particularly during one storm, and we continue to have problems on an overall basis In talking with the consultants today, we are looking at the installation of the Hayes Lane overflow sewer during the summer months (which are drier) , trying to take a further interim step to relieve the problem Secondly the continuation of our sewer study under Phase I, which will be completed in June, should identify once again the gallonage by further refined preliminary datathat we have and it would lead to the basis of going to Step 2 of Phase I, which calls for utilizing the p b equipment, etc , identifying areas of actual problems, such as, roof leaders connected to the system, possible storm sewer connections to the system Some of these things, which we can correct, are being identified and should have some positive implications for this problem It would be unrealistic, however, to point out that this is going to be an immediate solution because we are dealing with state and federal agencies and, even if we filed a report on Phase I with them, we expect we would not have an answer from them to go into Step 2 until December or January implementation; so we would really be into 1979 or 1980 before implementing some of these solutions The other alternative which we looked at, and consider economically un- realistic, is increasing the pipe size; running all the way to Arlington would be a tremendous cost to the town In that light, looking at, °27 Selectmen's Meeting - 5 - May 1, 1978 (1) existing problems and the public health dimensions; (2) assessing goals of the Town (3) the practical implications of development which indicate some potential loss of revenue; the recommendation is for the continuation of the moratorium, with the exception of low and moderate income housing, until April 1, 1979 Town Counsel agreed to review the legal question raised as to whether scattered sites could be exempted from the sewer moratorium Dr Erdos spoke for the Board of Health and strongly urged that the Board support the moratorium for at least one more year He recommended public education on the impact of inflow into the sewer system as it is apparent at times that 75 percent of the flow in the sanitary sewer system is non-sewage The contingency plan looked good on paper but it did not work on two occasions More permanent solutions pointed to building the Hayes Lane cross connection The Board of Health felt that the inspection system has been less than adequate, and we are aware of many illegal connections from the storm drain system into the sanitary sewer system and they have not been disconnected, such as, storm drains in driveways or basements which connect directly into the sewer system, and leaders that are directly connected He pointed out that Fiske Common development had problems during the winter and although it is not illegal for homes to have sump pumps, he would like to know where they are being connected Mr Hutchinson said that he was not aware of any illegal connec- tions and requested a list from the Board of Health; also, Fiske Common development would be reviewed Members of the Board were also unaware of illegal connections and agreed to discuss the matter further Mr McSweeney said that the ones that were brought to his attention during the four back-ups were all taken care of Those illegal connec- tions to the sewer system were all disconnected by the people involved Mr Zabin, Chairman of the Planning Board, said that the reason his Board is in favor of the moratorium is because the water table seems to have been rising One of the problems involved is that a good deal of development has occurred on wetlands and available land to be developed is wetland If development goes on, the effect on the water table is likely to be worse, the problem of infiltration is likely to become worse and, therefore, you don't add to the existing problem Mrs Crothers, Chairman of the Sewer Advisory Committee, said that her committee had not had a chance to discuss it but she was sure they would be in accord with Mr Hutchinson's recommendation She wondered if there might be a way of accommodating the scattered sites program in sewering some of the existing homes with septic tanks so As to permit the scattered sites program to go forward? Mr Hutchinson said that the construction program is to sewer areas where there has been a health problem and the Board of Health reviews connections to the sewer system. He did not see anything in the immediate construction program that would fall into the category Mrs Crothers had mentioned but we can look at it The problems in the Saddle Club area were also discussed The Board agreed to continue the discussion on the sewer moratorium at next week's meeting All involved persons retired from the meeting 928 Selectmen's Meeting - 6 - May 1, 1978 Lincoln Lab The request from Mr John B Paddleford, Facilities Engineer Sewer of the Lincoln Laboratory, for approval of a sewer connection to service one of its buildings was tabled until next week. Lexington Chairman Battin read a report from the Traffic Safety Committee Gardens in response to a letter from Mr George Wadsworth, Chairman of the Board of Appeals, recommending that truck traffic generated by the Lexington Gardens be re-routed Mrs Miley informed the Board that Lexington Gardens has sub- mitted two petitions to the Board of Appeals for an expansion of the premises plus a larger operation during the Christmas season The Board agreed to table the matter pending additional informa- tion being received on (1) hours on the existing Board of Appeals' permit; (2) neighborhood reaction to the present trucking situation; (3) expansion of the premises and the proposed Christmas season opera- tion Litter Chairman Battin read a letter from Governor Dukakis requesting the Clean-up Town's support in promoting Litter Olympics during the week of May 6 Week to May 13, 1978 A report from Mr McSweeney stated that the Public Works Department has begun its clean-up program and, as in the past, would assist local participating organization in the form of labor and equipment Also the Conservation Commission had published a letter in the newspaper urging citizen participation Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meetings held on January 16, 23, 24, 30; April 24 and 26, 1978 Bike-a-Thon Chairman Battin read a request for a Bike-a-Thon Upon motion duly made and seconded, it was voted to grant permis- sion to the Bedford-Lexington Bike-a-Thon, sponsored by the American Diabetes Association, to conduct a bike-a-thon on Sunday, May 21, 1978, from 12 00 Noon to 4 00 p m Gift- Chairman Battin read a letter from Mr George C Sheldon, former 24-hour Flag Selectmen, offering gifts to the Town Act Upon motion duly made and seconded, it was voted to accept the gifts from Mr George C Sheldon, former Selectmen, of the framed copy of the Act of Congress permitting Lexington to fly the flag 24 hours a day on the Battle Green, and the pen used by President Johnson to sign the Act Mr Sheldon is to be invited to a Selectmen's meeting to formally present the gifts Annual The Board briefly discussed the process to be used in making the Appointments annual appointments and a majority ag eed (Mr Busa objecting) to con- suit the recommendations of the Appointment Criteria Committee as a guideline, but not necessarily a determining factor, for those appoint- ments Also Chairman Battin suggested that Board members consult the Talent 8Tktk file in the Town Manager's office Discussion will be 229 ' Selectmen's Meeting - 7 - May 1, 1978 held again next week and appointments to be made on May 15 The Board agreed to publicize the scheddled meeting on Legislators May 4 with the Town's legislators to discuss current legis- lation. Chairman Battin advised the Board the legislation filed by Legislation the Middlesex County Selectmen's Association was passed and Middlesex signed by the Governor, that if a County Advisory Board, by a County Advisory two-thirds' vote, votes to delete or amend downward any line Board item in the County budget the action shall be incorporated into the budget of the commissioners that then goes to the Legis- lature; therefore, the legislators would be voting on the budget as amended by the County Advisory Board This could make a tre- 1 mendous difference in our property tax Also a bill has been filed to amend the 766 law to allow Ch 766 ( claims against third party payers, such as Blue Cross/Blue Blue Cross/ Shield for 766 services for students who would be eligible if Blue Shield the services were being provided outside of the special educa- Bill tion law Passage of this amendment would also ensure that municipalities could then access the medicaid funds available for 766 services This will mean something like $28 million in property tax relief However, Blue Cross/Blue Shield has announced they will fight it because this is going to be a precedent nationally Mr Cohen requested the Board to sign the Hancock School Hancock deed School Deed Upon motion duly made and seconded, it was voted to sign the deed, in a form approved by Town Counsel, conveying the Hancock School to Stanley H Sydney and R. Kirk Noyes of Sydney and Noyes Associates, One Lincoln Street, Newton Massachusetts, as follows DEED The Town of Lexington, a municipal corporation (the "Grantor") , for consideration of One Hundred Thousand dollars ($100,000) paid, grants to Stanley H Sydney and R. Kirk Noyes, co-partners, doing business under the firm name and style of Sydney and Noyes Associates (the "Grantee") with a mailing adress at One Lincoln Street, Newton Highlands, Massachusetts, with quitclaim covenants, a certain parcel of land (the "Land") with the building (the "Building") thereon sit- uation at the corner of Forest Street and Clarke Street in Lexington, Middlesex County, Massachusetts The Land is designed as Lot 1 on a plan (the "Plan") entitled "Plan of Land in Lexington, Mass Scale 1 IN = 40 FT February 22, 1978", prepared by Barnes Engineering Company, Inc , recorded with Middlesex South Registry of Deeds in 13V Selectmen's Meeting - 8 - May 1, 1978 Book 13408 END and is more particularly bounded and described as follows SOUTHEASTERLY by Clarke Street 235 02 feet; SOUTHERLY by Clarke Street and Forest Street by a curved line of radius 10 feet and length 18 42 feet; SOUTHWESTERLY by Forest Street 344 48 feet; NORTHWESTERLY by land now or formerly of Ferguson 149 10 feet; and NORTHEASTERLY by land now or formerly of the Town of Lexington by three lines measuring 59 08 feet, 41 70 feet, and 232 12 feet Containing 65,639 sq ft or 1 51 acres, according to the Plan The Land and Building are conveyed subject to easements and restrictions of record, so far as now in force and applicable This Deed is made and executed upon and is subject to the covenant, which shall run with the land, that the Grantee and its. anceessors and assigns shall at all times comply with the terms of a special permit (the "Special Permit") , filed with the Town Clerk on April 12, 1978, a copy of which is of even record herewith, issued by the Board of Selectmen of the Grantor with reference to the Land and Building Promptly after completion of the conversion of the Building in accordance with the development proposal ({'the Development Proposal") referred to in the Special Permit the Building Commissioner of the Town of Lexington shall furnish the Grantee with an appropriate instrument so certifying Such certification shall be conclusive determination of satisfaction of the covenant herein contained with respect to the obligations of the Grantee and its successors and assigns to carry out the conversion and the dates for the beginning and completion thereof Such certification shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds pertaining to the Land If the Building Commissioner shall refuse or fail to provide such certification, the Building Commissioner shall, within fifteen (15) days after written request by the Grantee, provide the Grantee with a written statement, indicating in adequate detail in what respects the Grantee has failed to complete the conversion in accordance with said Development Proposal, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Building Commissioner for the Grantee to take or perform in order to obtain such certifi- cation Such certification shall not discharge the obligations of the Grantee relative to obligations hereunder or under the Special Permit L.31 Selectmen's Meeting - 9 - May 1, 1978 which by their terms, are to be continuing, provided that the Grantee shall only be liable hereunder for defaults occurring prior to the time at which all of the condominium units have been sold and for defaults in respect of condominium units owned by the Grantee and provided further, that successive owners of a unit shall only be liable for defaults occurring during their respective periods of ownership and to the extent of their interest therein The provisions of G L c 44, s 63A have been fully complied with by the Grantee This conveyance is also made subject to the preservation restric- tions described below It is the intent of the Grantor, to which the Grantee gives its consent by the recordation hereof, that said preserva- tion restrictions shall be enforceable by the Town of Lexington in perpetuity without need for compliance with the provisions of Mass G L c 184, s 31, 32 and 33 and that, to the maximum extent permitted by law, the benefits of said s 31, 32 and 33 shall be available to the Town of Lexington The preservation restrictions are hereinafter set forth since the Land and Building are historically significant for their associations and the Building is of such significance for its archi- tecture Said preservation restrictions shall run with the land and 111 shall bind all future owners of any interest in the Land or Building to the extent of their interest therein PRESERVATION RESTRICTIONS 1 No additional structures or improvements of any kind beyond those contemplated by the Special Permit shall be erected on the Land without the prior, written approval of the Historic Districts Commission of the Town of Lexington or its successors However, in the event of fire or other damage to the Building, the Grantee or its successors may repair such damage or restore or rebuild in accordance with plans or specifications submitted to the Board of Selectmen of the Town of Lexington, provided that the Board of Selectmen shall have made a written determination that such plans or specifications are consistent with the Special Permit or shall, within 20 days after such submission, have failed to make a written determination that such plans or speci- fications are inconsistent with the Special Permit 2. No changes shall be made to the outside of the Building except such as are shown in the Development Proposal referred to in the Special Permit 3 The Land and Building shall be operated as a condominium under Mass G L c 183A and each condominium unit within the Building shall be occupied by no one other than the record owner thereof 4)990 (l u Selectmen's Meeting - 10 - May 1, 1978 4 The Land shall not be subdivided 5 The Grantor shall have no obligation to repair or maintain the Land or the Building Executive Upon motion duly made and seconded, it was voted 5-0 by roll Session call vote to go into Executive Session, with no intention of resuming the open meeting, to discuss strategy with respect to land negotiation and litigation After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10 55 p m A true record Attest 55.(..44w) 706 Executive Clerk, Sele toren i 11111 `)33 SELECTMEN'S MEETING May 8, 1978 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, May 8,1978 at 7 30 p.m. Chairman Battin, Mr Busa, Mrs Miley, Mr Kent and Mr Crain; Mr Hutchinson, Town Manager; Mrs Banks, Assistant to the Town Manager; Mrs McCurdy, Execu- tive Clerk were present Chairman Battin opened the hearing, to be conducted by the Town Hearing- Manager, on a proposed Community Development Grant Application for a Senior Citizen Senior Citizen Center Center Mr William Sen, Chairman of the Council on Aging, was present Mr Hutchinson said that we have been informed that the hearing could be held by any agency and we felt it appropriate to have it before the Board of Selectmen as we are going to apply for a grant that might lead to funding of monies toward the rental costs and for an assessment of how a senior center might work Consistent with the Selectmen's charge to the Committee, we are looking at sites now We are requesting $5,000 in addi- tion to the $10,000 and, although these are only estimates, we feel that it is worthwhile to pursue this proposal further and it is an opportunity to support this type of activity Community Development grants are rela- tively unrestricted in the utilization of the funds Mr Sen said that he has been working all along on the proposal with Mrs Nancy Banks Mrs Banks said that, after the preliminary investigation, we had much information regarding the need and the direction of a senior center but we did not have cost estimates until just recently After investi- gating possible sites to locate the Council on Aging, we have put in a grant for $10,000 for temporary rental costs and $5,000 for planning costs for a permanent site This is a request to make a full application to HUD, and we will hear about June 15, 1978 if we have been allowed to make a full application, and it would be a funding source for the Coucil on Aging Mr Busa said that he had no problem with making application for the grant but he believed that one of the prerequisites was to find out if there is a need for a community center He did not feel that money should be spent just because there is a grant available If the greater majority of the senior citizens feel there is a need for it, then he had no problem with proceeding He agreed with the grant application for rental space and for preliminary plans and study Mr Hutchinson said that this is the tact we have been taking, and we understand that there is that question In the interim, we are looking at sites and this will give us the opportunity for assessment Mrs Miley said that this was part of the charge to the committee Mrs Banks informed the Board that the application will be discussed tomorrow at the meeting of the Senior Center Site Committee They will also discuss the committee's report which will be submitted to the Select- men on May 15 434 Selectmen's Meeting - 2 - May 8, 1978 Chairman Battin declared theearin closed h g (A second public hearing will be conducted by the Town Manager in the Selectmen's meeting room on Wednesday, May 10, 1978 at 3 00 p m.) Contracts Chairman Battin read a request from Mr McSweeney to sign contracts Sewer/Street which were awarded by the Board on April 3, 1978 The contracts have Construction been approved as to form by Town Counsel Upon motion duly made and seconded, it was voted to sign the follow- ing contracts Contract 77-5-E awarded to JFP Construction, Inc , Littleton, Massachusetts, for Sewer Construction, in the amount of $409,750 06 Authorization is contained in Article 20, 1976- Sanitary Sewer Laterals; Article 21, 1976 - Trunk Sewer/ Marrett Road; Article 19, 1977 - Sanitary Sewer Laterals; Article 19, 1978 - Sanitary Sewer Laterals Contract 76-20-E awarded to Great Northern Constructors, Inc , Medford, Massachusetts for Street and Drain Construction, in the amount of $293,637 00 Authorization is contained in Article 65, 1976 - Crescent Road - Street Construction; Article 66, 1976 - Briggs Road - Street Construction; Article 67, 1976 - Great Rock Road - Street Construction; Article 20, 1975 - Sanitary Sewer Laterals; Article 19, 1978 - Sanitary Sewer Laterals Contract 76-5-E awarded to Great Northern Constructors, Inc , Medford, Massachusetts for Sewer Construction, in the amount of $281,940 00 Authorization is contained in Article 20, 1975- Sanitary sewer Laterals; Article 22, 1975 - Trunk Sewer/Moon Hill Road; Article 19, 1977 - Sanitary Sewer Laterals; Article 19, 1978 - Sanitary Sewer Laterals Permit Chairman Battin read a request for the use of the Battle Green, Battle Green Upon motion duly made and seconded, it was voted to grant permission to the Lexington Minute Men, Inc , for the use of the Battle Green to conduct Living History Exercises, under the direction of the Town Manager, on June 25; July 2, 9, 16, 23, 30; August 6, 13, 20, 27; September 3, 1978 from 1 00 p.m to 4 00 p m Middlesex Chairman Battin discussed the memorandum received from the Middlesex County County Advisory Board relative to the Act providing for the appointment Advisory of designees to County Advisory Boards She explained that, for the Board first time, Board of Selectmen can appoint, if they wish, a citizen to represent them on County Advisory Boards Up to now, it has only been the Chairman of a Board of Selectmen or another Selectmen There was a feeling, at least in some cities and towns, that it would be a worth- while move to have a citizen who could spend a great deal of his time to focus in on the activities of the County Commissioners Mrs Miley has 235 Selectmen's Meeting - 3 - May 8, 1978 been serving as our designee on the Advisory Board and has done a splendid job as our representative. Mrs Miley said that at the present time she is Treasurer of the Advisory Board and would like to continue at least until June unless the Selectmen felt that someone would do a better job At this time, she was not sure whether it would be a wise idea to have someone else desig- nated rather than a member of the Board of Selectmen Chairman Battin stated that if a member of the Board is willing and able to serve and has the time, then it is to our advantage. Upon motion duly made and seconded it was voted to designate Mrs Mary W Miley as the representative of the Town of Lexington on the Middlesex County Advisory Board. Chairman Battin read a request for the use of Estabrook Hall Estabrook Upon motion duly made and seconded, it was voted to approve the re- Hall quest of the Tri-Community Health Services, Inc for the use of Estabrook Hall for a business meeting on Monday, May 22, 1978, from 7 00 p.m to 10:00 p m. , subject to payment of the custodial fee Because of potential litigation, the Board agreed to discuss in Accident Claim Executive Session the accident claim submitted by Mr Ralph Nadeau, 23 Bedford Street Mr Busa discussed the hearing he had conducted on May 3, 1978 on the Chandley Dog written complaint of Mrs Nancy Bray on the dog owned by Mr Everette Chandley, 12 Grapevine Avenue. Mr. Chandley was unable to attend the hearing but the information taken, under oath, was that the dog was running around and barking constantly both days and evenings; also, the dog appeared to be either ill or undernourished The Animal Control Officer was requested to go to Mr Chandley's home and talk with him He and two Policemen did so and found Mr Chandley in a weakened condition, due to illness or a physical handicap The dog was observed to be in a pregnant condition and had sores on her back Mr Buse recommended that the Animal Control Officer be requested to attempt to convince Mr Chandley that the dog be taken to the dog pound during the pregnancy; afterwards, a determination should be made by the Board whether the dog should be returned to Mr Chandley, as he appears to be unable to take proper care of her Upon motion duly made and seconded, it was voted to accept Mr Busa's recommendation concerning the dog owned by Mr. Everette Chandley. The Board discussed the invitation from the Town Celebrations Memorial Committee to participate in the Memorial Day activities on May 29 at Day 10 00 a.m. Mr Buse and Mr Kent agreed to march in the parade and Mr Buse is to read the Governor's Proclamation at the ceremony on the Battle Green. Chairman Battin read a letter of resignation from Mrs Joan Crothers Resignation Upon motion duly made and seconded, it was voted to accept the res- ignation of Mrs Joan Crothers as a member and Chairman of the Sewer Ad- Sewer Advisory Committee visory Committee Selectmen's Meeting - 4 - May 8, 1978 Chairman Battin read a request for the use of the Battle Green Battle Upon motion duly made and seconded, it was voted to approve the Green request from Mr Donald Gillespie, LHS Music Coordinator, for the use of the Battle Green for a band concert on Sunday, May 28, 1978 Mrs Joyce Hals, Chairman of the Transportation Advisory Committee, MBTA Intra- met with the Baord Town •Bus Chairman Battin read a letter from the MBTA advising the Town of Proposal "the proposed expansion of the experimental suburban transportation program Needham, Natick and Bedford have participated in the program of intra-town bus service and in early 1977 a decision was made to ex- tend the experimental period to a second year for each town Given the success of the initial program, funds will be requested in the 1979 MBTA budget to expand the program It is anticipated that two new towns will be funded for service in 1979; Lexington is one of the 58 towns eligible for funding " Chairman Battin said that Mr Lincoln Cole, Lexington's representative on the MBTA Advisory Board, has given us a copy of the proposal and the Board would like to talk with Mrs Hals as to whether we should explore with the other three towns the success of their pro- grams before we embark on a request for consideration of Lexington's proposal Mrs Hals informed the Board that her committee has talked about the intra-town bus service in the other three towns and it was pointed 111 out that they do not have as good MBTA service as Lexington; most of them have only one bus that goes through their town so they needed more service than Lexington does The committee feels it should wast for a report after the 2-year experiment is completed MBTA has published a book which lists the ridership, town fees, age, etc and has made a fairly good study She thought that the Town ought to at least look into the possibility of whether we want to do it and, if so, there is a lot of information which would have to be pulled together, perhaps in a cooperative effort involving the Planning Board, Council on Aging, Town Manager, Recreation Committee, Church groups, Hayden and business men The two groups that are most dependent on public transportation are the elderly and kids from 12 to 17, who can't drive but have a lot of activ- ties they would like to go to Everyone recognizes the parking problem and if we had a really good service it would cut down on some of the cars going to the Center Mrs Hals recommended that her committee discuss the matter at its meeting on May 18 and come back to the Board as soon as possible because of the July 30 deadline for submission of proposals She agreed to in- vite members of the agencies and organizations previously mentioned to attend the next meeting of the Transportation Advisory Committee on May 18 to discuss the possibility of an intra-town bus service, and come back to the Board as soon as possible because of the July 30 deadline for submission of proposals Mrs Nancy Banks reported to the Board on the express bus service Express to Boston In response to the survey recently conducted, two of the Bus buses will go to Copley Square, and the route is to be extended by Service having the first stop at Pleasant Street and Massachusetts Avenue 4)37 Selectmen's Meeting - 5 - May 8, 1978 Four buses will be in operation daily, effective May 15 Mrs Hals retired from the meeting Chairman Battin read an application from Berkhout Corp , Inc , 61 Liquor Lorena Road, Winchester, for a transfer of the 7-day All Alcoholic Hearing Beverages license from LeBellecour, Inc , 10 Muzzey Street Upon motion duly made and seconded, it was voted to set the hearing date of Monday, May 22, 1978, at 7 30 p m on the application from Berkhout Corp , for a transfer of the All Alcoholic Beverages license from LeBellecour, Inc , 10 Muzzey Street A decision is to be made at the May 22 meeting whether tha Board Meeting Date will meet during the week of May 29 The Board of Appeals had asked if the Selectmen wished to offer any Lexington comments or suggestions before the public hearing date is set on the peti- Gardens/ tion from Lexington Gardens, 93 Hancock Street, to expand the list of Board of sale items under the present permit; also, a petition requesting approval Appeals of the sale of additional items during the Christmas season Because this business is located within a residential area, members of the Board of Selectmen expressed concern about the impact on the neighborhood due to the proposed increase in the volume of business and, therefore, the potential increase in traffic The Selectmen recognized that any action taken on these petitions lies wholly within the purvue of the Board of Appeals, and it was agreed that Chairman Battin is to talk informallk with their Chairman about the general question of the needs of the neighborhood Mr McSweeney and Mr Martin came into the meeting Chairman Battin announced that the Board will discuss in Executive Sewer Session a decision to be made on the sewer moratorium. Moratorium Mr Nicholas LaFauci was recognized and he said that he was present to list to the discussion Chairman Battin explained that all major boards were present during the discussion last week and were asked to submit their comments Mrs Battin read a recommendation from the Conservation Commission supporting the continuation of the moratorium and urging that every effort be made at the earliest possible time to resolve the problem of dealing with the serious threat to public health, public water supplies and natural re- sources A report from the Planning Board stated that it is in complete agreement with, (1) the continuance of the sewer moratorium and the plan as outlined by the Town Manager; (2) scattered sites for low and moderate income housing being exempt from the moratorium as there has been a commitment by the Town for development of low and moderate income housing, which has an overriding priority; (3) the moratorium being extended to May 31, 1979 Mr LaFauci asked what had been done since the moratorium went into effect? Mr Hutchinseon replied that (1) we have expanded our sewer maintenance program of the existing sewer system; (2) a sewer contingency plan was pre- 938 Selectmen's Meeting - 6 - May 8, 1978 pared which would allow, in the event of surcharging, for the North Lexington system to fill in order to relieve some of the demand in that lower end of the system; (3) chlorinating equipment was purchased, with the approval of the Board of Selectmen, to allow us to pump into the swamp area, and it was necessary to utilize that equipment on several occasions We have made arrangements to provide for a relief sewer, which exists right now We are going to have to put in a sewer in the Hayes Lane area this summer and hopefully, we will be able to evaluate that during the winter and spring months Mr Hutchinson agreed that publicity is needed and will be looked into He added that the Town is filing Phase II of Step 1, which calls for TV sewer work in our systems, running smoke detections to identify roof leaders that are illegally connected; these are part of our overall comprehensive solution to the problem However, it will be 1979-80 before all the work is completed No one else in the audience wished to comment Later on, after discussion in Executive Session, the Board voted the following Upon motion duly made and seconded, it was voted that the existing sewer moratorium be extended, subject to continuing review DPW - Road Mr Hutchinson informed the Board that bids had been received on Machinery road machinery and he recommended that the Board approve the awards to the lowest bidders, with one exception Upon motion duly made and seconded, it was voted to award the contract to the lowest bidder, GMC Truck & Coach Division, Boston, Mass , for the purchase of one four-wheel drive truck, Model #TK10516, in the amount of $4,104 00; price of unit-$7,713 88; total deductions-$2,609 88 Upon motion duly made and seconded, it was voted to award the contract to the lowest bidder, BMC Truck & Coach Division, Boston, Mass , fo the purchase of one 3/4-ton four wheel drive pickup, Model TK20903, in the amount of $5,201 29; price of unit-$7,883 49; total deductions- $2,682 20 Upon motion duly made and seconded, it was voted to award the contract to the lowest bidder, GMC Truck & Coach Division, Boston, Mass , for the purchase of one 1/2 ton carry-all, Model TC10906, in the amount of $5,460 51; price of unit-7,142 78; total deductions-$1,682 27 Mr Hutchinson advised the Board that the lowest bidder, W E McCarthy, Inc , Medford, Mass , did not meet the Town's specifications on a dump truck with lift gate as the bid of $22,875 00 was submitted for a truck with a gas engine and the Town uses a diesel Therefore he recommended that the contract be awarded to the second lowest bidder, who did meet the specifications Upon motion duly made and seconded, it was voted to award the contract to the second lowest bidder, who met the Town's specifications, Taylor & Lloyd, Inc , Bedford, Mass , for the purchase of one dump truck with lift gate, Model Loadster #1250, in the amount of $24,373 00; price of unit $30,502 00, trade-in $6,129 00 i39 Selectmen's Meeting - 7 - May 8, 1978 Upon motion duly made and seconded, it was voted to award the con- tract to the lowest bidder, Taylor & Lloyd, Inc , Bedford, Mass , for the purchase of one rack dump truck with winch, Model #1750, in the amount of $25,050 00; price of unit $32,049 00, trade-in $6,999 00 Mr Hutchinson publicly announced the tragic dealth of Mr Walter Fatal Cunha, DPW heavy equipment operator which occurred at the sanitary Accident- landfill on May 5 He expressed the deep sympathy of the Town admini- Landfill stration Mrs Battin said that the Board of Selectmen expresses its deep regret and sorrow at this unfortunate accident Mr Hutchinson informed the Board that the request from the Town Bedford of Bedford for an extension of water to be supplied to them during dry Water periods is now under review and ,a report is forthcoming In the mean- time, the Board should consider whether it chooses to grant the re- quest Upon motion duly made and seconded, it was voted 5-0 by roll call Executive to go into Executive Session at 8 20 p m with the intention of re- Session suming the open meeting, for the purpose of discussing the sewer mora- torium and potential litigation After discussion, it was voted to go out of Executive Session and resume the open meeting at 8 55 p m. The vote of the Board on the sewer moratorium is recorded at the Sewer end of the previously discussed item on page 5 Moratorium Mr Hutchinson recommended that the Board approve the awards of Easements damages on easements which were voted at the Selectmen's meeting on Damages March 31, 1978 Upon motion duly made and seconded, it was voted to approve the awards of damages on the following easements Briggs Road sewer easement award of damages to Anna L & Dorothy A White in the amount of $1,000 00 Lot 7, Great Rock Road, sewer easement, with an award of no damages Green Lane - sewer and drain easement, with an award of no damages Crescent Road - Temporary construction easement for street construc- tion, with an award of no damages Briggs Road - Temporary construction easement for street construc- tion, with an award of no damages Great Rock Road - Temporary construction easement for Street Con- struction, with an award of no damages Upon motion duly made and seconded, the Board voted an intent to take a sewer easement from Fern Street to Summit Road, with an award of no damages Mr Hutchinson informed the Board that the Auditor's report has been Town Auditors received from Arthur Andersen & Co Report 240 Selectmen's Meeting - 8 - May 8, 1978 ' 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, for the purpose of discussing potential litigation, and the reputation of individuals After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10 00 p m A true record, Attest ?Le-t.41,,ry '712 ?PC Executive Clerk, Sele tmen I I 241 SELECTMEN'S MEETING May 15, 1978 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday May 15, 1978 at 7 30 p m. Chairman Battin, Mr Busa, Mrs Miley, Mr Kent (7 40 p.m ) ; Mr Hutchinson, Town Manager; Mrs Banks, Assistant to the Town Manager; Mrs McCurdy, Executive Clerk were present At the request of the Town Clerk, the following jurors were drawn Jurors Thomas J Kirkham 17 Peachtree Road Thomas G Magner 259 Woburn Street Paul Jones 5 Leroy Road John M Murray 31 Eaton Street Gerda R Herzlinger 181 Grant Street Rev Handley, Director of Guides, met with the Board to recommend Guides the appointment of Guides to conduct tours of the Battle Green during the summer months All new candidates had successfully passed the examination given by Rev Handley Upon motion duly made and seconded, it was voted to appoint the following Official Guides of the Town of Lexington for a term expiring June 1, 1979 Bertolini, Stephen 9 Brown Street Brouillard, Marianne 1308 Mass Avenue Hagedorn, Frederick H 17 Fiske Street John, Richard 19 Saddle Club Road Lyons, James 12 Chase Avenue Ostrow, Peter 7 Castle Road Soparker, Charles 12 Saddle Club Road Sutton, Richard 37 Winthrop Road Hayden, John 4 Davis Road Takacs, Jim 7 Elena Road Gerrig, Richard 44 Eldred Street Ford, Charles V 4 Grove Street Carroll, Ann 8 Peacock Farm Road Baron, Bruce 236 Worthen Road Greim, Michael 15 Hutchinson Road Hagedorn, Charles H 17 Fiske Road Harrington, David 240 Worthen Road John, Robert 19 Saddle Club Road Karrel, Craig 121 Kendall Road Levingston, Judd 358 No Emerson Road Lindstrom, Paul 96 Hancock Street Macey, Andrew S 359 No Emerson Road Marin, David 68 Colony Road Wasserman, David A. 188 Waltham Street Zeltzer, Deborah 5A Eliot Road 242 Selectmen's Meeting - 2 - May 15, 1978 Chairman Battin, in behalf of the Board, congratulated e th Guides and presented each with a certificate of appointment She• told the group that, as in the past, each should strive to do a good job and to leave each visitor with a positive impression of the youth of our Town. The matter of Guide badges was discussed and Mr Harvey Smith a member of the Lions Club, offered to submit a proposal to the Lions Club to purchase and donate a badge to each Guide The Board thanked Mr Toye for his generous offer and it Was agreed that he and Rev Handley are to work out the details Rev Handley and the Guides retired from the meeting NET&T Chairman Battin opened a hearing on the N.E T & T Co petition Conduit- to install conduit and one manhole on Hayden Avenue west of Waltham Hayden Ave Street Notices of the hearing had been sent to abutters, as shown on the petitioner's plan, and also filed with the Public Works Depart- ment Mr Roland Pinault, NET & T Co representative, stated that the request is made in order to provide service for the new Hayden Office Trust Building and the existing house at #16 Hayden Avenue. A portion of the work would be in the street layout and we have received a per- mit from the State to work in that section of Route 2 Chairman Battin read a report from Mr McSweeney recommending that the petition be approved No one else was present in favor or in opposition, and Chairman Battin declared the hearing closed Upon motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone Company for the following location of underground conduit and one manhole Hayden Avenue on the northerly side, from existing Telephone Company conduits located approximately 144'+ (feet) west of Waltham Street, running westerly approximately 726'* (feet) to new manhole 54/44A, thence westerly approximately 75'+ (feet) to private property; also, from manhole 54/44A running southerly approximately 55'+ (feet) thence easterly approximately 150'+ (feet) to private property #16 Hayden Avenue; a total of approxi- mately 1006'+ (feet) of conduit Hayden Avenue on the northerly side, approximately 870'+ (feet) west of Waltham Street, one (1) manhole NET&T Chairman Battin opened a hearing on the NET & T Co petition Conduit- to install conduit on Forest Street, southeast of Clarke Street, to Forest St #33 Forest Street Notices of the hearing had been sent to abutters, as shown on the petitioner's plan and also filed with the Public Works Department X43 Selectmen's Meeting - 3 - May 15, 1978 Mr Roland Pinault, N E T.& T Co representative, stated that the request is made to provide service to the condominiums in the old Hancock School This is a conduit system which is going to be picked up from an existing manhole on Forest Street and extended to the building and, at the same time, we are going to turn up conduit to the pole which is just outside the building and this will give us access to the under- ground for any further work in the area Chairman Battin read a report from Mr McSweeney recommending that the petition be approved No one else was present in favor or opposition, and Chairman Battin declared the hearing closed Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone Company for the following location of under- ground conduit Forest Street on the northeast side, from existing manhole #54/76 located approximately 10'+ (feet) southeast of Clarke Street, running northwesterly approximately 293'+ (feet) to existing pole #35/8 and to private property #33 Forest Street, approximately 293'+ (feet) conduit Chairman Battin read a N.E T &T Co petition for approval of J/O Poles - 1 joint ownership of two poles now owned by the Boston Edison Company Bowker St one pole on Massachusetts Avenue west of Bowker Street and one pole on Wallis St Massachusetts Avenue east of Wallis Court Upon motion duly made and seconded, it was voted to grant permis- sion for the joint ownership by the Boston Edison Company and the New England Telephone Company of the following poles Massachusetts Avenue on the northerly side, approximately 125+ feet west of Bowker Street, one (1) Pole 64/15A Massachusetts Avenue on the southerly side approximately 61+ feet east of Wallis Court, one (1) Pole 64/121 Chairman Battin read a N E T &T Co and Boston Edison Co petition Grant of for approval of a grant of location for an existing pole on Kendall Road, Location - formerly a private way and now an accepted street J/O Pole Upon motion duly made and seconded, it was voted to approve the Kendall Rd location of an existing pole on Kendall Road, owned by the New England Telephone Company and Boston Edison Company, as follows Kendall Road on the easterly side, approximately 175+ feet south of Sherburne Road, one (1) Pole 7/19 Chairman Battin read a Boston Edison Company petition for a grant Grant of of location of 15 poles on Nickerson Road, formerly a private way and Location Bos now an accepted street and a request to install and maintain such under" Edsn, Poles- ground house service connections from these poles as are necessary Nickerson Rd Mr Pinault, NET&T Co representative, and a representative of the & Carmel Cir Boston Edison Company were present 4)44 Selectmen's Meeting - 4 - May 15, 1978 A report from Mr McSweeney recommended approval of the request Questions were raised about the previous N E T.&T Co petition for this area being presented and withdrawn in December, 1976 Mr Pinault explained that when the petition was submitted, the Telephone Company was unaware at the time that Boston Edison had not requested formal approval of the Board of Selectmen for a grant of location, which is routine when a private way becomes an accepted street We were already in there, underground, and we were having some problems Boston Edison was in there on poles and we were proposing to buy interest in the poles and put our plan overhead There was some oppo- sition to this and, after reviewing the petition, we dug up the area and we were able to repair the damages; there have been no recurrences It was pointed out during the discussion that the Boston Edison poles were installed in accordance with the subdivision plan and, at that time, it was not required to go underground No one else was present in favor of in opposition Upon motion duly made and seconded, it was voted to approve the location of existing Boston Edison Company poles on Nickerson Road and Carmel Circle Nickerson Road, commencing on the easterly side, from a point approximately 80 feet north of Morgan Road, -- Five (5) poles Nickerson Road, commencing on the southea terly side, from a point approximately 16 fe t southwest of Morgan Road, -- Ten (10) oles Also, that permission be and hereby is gr nted to said Company to lay and maintain underground laterals, cables nd wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as desired for distributing purposes Grant of Chairman Battin read a Boston Edison CompEny petition for a grant Location'- of location for an existing pole on Brent Road, formerly a private way Bos Edison and now an accepted street A report from Mr NcSweeney recommended Pole - approval of the request Brent Road Upon motion duly made and seconded, it wa: voted to approve the location of an existing Boston Edison Company pole on Brent Road, as follows Brent Road, westerly side, approximately 625 feet north of Emerson Road, -- One (1) pole Orders of Chairman. Battin read a request from Mr Cohen, Town Counsel, to Taking sign orders of taking for easement purposes Upon motion duly made and seconded, it was voted to sign the orders of taking for Temporary construction easements on Crescent Road, Briggs Road, and Great Rock Road; Sewer easements on Briggs Road; Sewer and drain easements on Green Lane 945 Selectmen's Meeting - 5 - May 15, 1978 Chairman Battin read a request from the Knights of Columbus for Liquor - an extension of hours on two evenings K of C Upon motion duly made and seconded, it was voted to approve the request from the Knights of Columbus for an extension of hours under the Club liquor license to 1 00 a m on Saturday, May 20, and to 12 00 Midnight on Sunday, May 28, 1978 In response to a request from the Chairman of the Planning Board, Planning Board Mr Busa was designated to represent the Board of Selectmen on an Adv Comm advisory committee to assist the Planning Board in the preparation of Housing Plan a comprehensive plan for publicly assisted housing -for persons of low Mod Inc Hous and moderate income The committee will be comprised of a representa- tive of the Housing Authority, the Town Meeting Members Association, the Board of Appeals, several interested citizens, and the Town Manager Upon motion duly made and seconded, it was voted to defer dis- Hanscom Field cussion of the letter from the Concord Board of Selectmen concerning Committee the proposed agreement on the Hanscom Field Committee Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's meeting held on May 1,1978 The Board discussed Senator Kennedy's invitation to attend the Invitation Massachusetts municipal Officials' Conference in Washington on June 12 and June 13,and it was agreed that there are no monies available to send Selectmen representatives to out-of-state conferences Chairman Battin is to write a letter of regret to Senator Kennedy Mr Hutchinson briefly discussed the request from Lincoln Labora- Lincoln Lab tory for a connection to the Town's sewer system to service the Annex Sewer 5 building Because of the sewer moratorium, we are unable to con- sider this request; however, they have a substantial septic system and the building could be connected to this, subject toTconditions of the Board of Health As of now, it is in the Board of Health's hands Mr Hutchinson informed the Board that Mr George Sheldon, former Flag Act Selectmen, had visited him today to present the framed copy of the Act of Congress allowing the flag to fly twenty-four hours a day; also included were the pen used by President Johnson to sign the Act on February 25, 1965, and an Act signed by the current Board of Selectmen The Board agreed to write a letter of thanks to Mr Sheldon, and to request the Town Manager to hang the gift in an appropriate area in the Town Office Building Mr Hutchinson said that he had filed with the Board the current Bonds bond prospectus for the Town, and the information which is now required is much more extensive than in past years A copy is to be sent to the Lexington Minute-man and also circulated within the Town depattments 4,4 Selectmen's Meeting - - 6 May 15, 1978 Willards Mr. Hutchinson reported to the Board that he, Chief Corr .and Woods Chief Bergeron had met with the residents of the Willards Woods area and, as a result, signs will be erected, the area will be patrolled on a random basis, and neighbors were asked to monitor and report any activites within the woods The Fire Department requested better access for fire vehicles Resignation Chairman Battin read a letter of resignation from Mr William Trustee McEwen Public Trusts Upon motion duly made and seconded, it was voted to accept, with regret the resignation of Mr William R McEwen, Jr as a Trustee of Public Trusts and a Trustee of the Bridge Charitable Fund Annual The Board discussed the annual appoints to be made, and it was Appointments agreed to change the dates of appointments to May 31 of each year, except those mandated, by statute for a particular date Board of Upon motion duly made and seconded, it was voted to reappoint Appeals Mr Woodruff M. Brodhead a member of the Board of Appeals for a term of office expiring May 31, 1983 Associate Upon motion duly made and seconded, it was voted to reappoint Members Robert M Gary, Natalie H Riff in, Clarence D Turner,and William J Scouler as Associate Members, and to appoint Eric T Clarke. and Robert A Bowyer as Associate Members of the Board of Appeals; all for terms of office expiring May 31, 1979 Town Celebrat Upon motion duly made and seconded, it was voted to reappoint Committee Edward W Turner and France P Mallett as members of the Town Celebrations Committee for terms of office expiring April 30, 1981; to appoint Margot Tutun for a term of office expiring April 30, 1981, and Paul W Jenkins for a term of office expiring April 30, 1979 Trustee of Upon motion duly made and seconded, it was voted to appoint Public Trusts Frederick B James a Trustee of Public Trusts and a Trustee of the Bridge Charitable Fund to fill unexpired terms of office to May 31, Bridge 1980 Also to reappoint Gaynor K. Rutherford a Trustee of the Charitable Fund Bridge Charitable Fund for a term of office expiring May 31, 1981 Jonas Gemmel Upon motion duly made and seconded, it was voted to appoint Income Trustees Leona Martin and Helena Butters as trustees of the Jonas Gemmel Trust for terms of office expiring May 31, 1979 Town Report Upon motion duly made and seconded, it was voted to reappoint Committee Sam V Nablo, George B Cooper, Rev Harold T Handley, Frank H Totman, Louis A Zehner, and appoint Erna S Greene as members of the Town Report Committee for terms of office expiring May 31, 1979. Mr Zehner, Chairman Emeritus, has agreed to be available to the committee for advice and counsel 47 111 Selectmen's Meeting - 7 - May 15, 1978 Upon motion duly made and seconded, it was voted to reappoint Fence Viewers Rev. Harold T Handley and Louis A Zehner as Fence Viewers for terms of office expiring May 31, 1979 Upon motion duly made and seconded, it was voted to reappoint Registrar of Reed Kingston Taylor (R) as a Registrar of Voters for a term expiring Voters March 31, 1981 Upon motion duly made and seconded, it was voted to reappoint Executive Eleanor M. McCurdy as the Executive Clerk of the Board of Selectmen Clerk for a term of office expiring May 31, 1979 Upon motion duly made and seconded, it was voted to reappoint Comptroller Richard M. Perry as the Comptroller of the Town of Lexington for a term of office expiring March 31, 1981 Upon motion duly made and seconded, it was voted to reappoint Youth Charles L McManus as the Youth Counselor for the Town of Lexington Counselor for a term of office expiring March 31, 1981 Upon motion duly made and seconded, it was voted to reappoint Police Robert B Kent, Chairman, James F Corr, William C Hays, Alexander Manual Policy J Cella, Leroy Keith, Hugh M Chapin, and Irving H Mabee as members Committee of the Police Manual Policy Committee for terms of office expiring May 31, 1979 Upon motion duly made and seconded, it was voted to reappoint School Sites Mary W Miley, Chairman, Robert M Hutchinson, Jr , Iris C Wheaton, Conversion Otis S Brown, Jr as members of the School Sites Conversion Committee; Committee also, to appoint Francis X Fields a member of the School Sites Con- version Committee; all for terms of office expiring May 31, 1979 Upon motion duly made and seconded, it was voted to reappoint Sewer Adv George F McCormack, Katherine G Fricker, Gordon E Barnes, Jr and Committee Richard J Rycroft as members of the Sewer Advisory Committee. Also, to appoint Charles J Code, Jr and David Laredo as members of the Sewer Advisory Committee; all for terms of office expiring May 31,1979 Mr Hutchinson is to contact Dr Kenneth Nill to see if he is in- terested in being reappointed as a member of the committee The Board briefly discussed the Community Relations Committee and Community it was agreed to dissolve the committee as its purpose had been accom- Relations plished Committee Upon motion duly made and seconded, it was voted to dissolve the Community Relations Committee and to send a letter of thanks to each member of the committee for his assistance at a period of time when there were many evident issues and divided factions within the Town e48 Selectmen's Meeting - 8 - May 15, 1978 Street & Upon Mr Kent's recommendation, it was agreed to defer action the Sidewalk Design reappointment of a member of the Street and Sidewalk Design Advisory Adv Comm. Committee until such time as the three members of the committee meet with the Board for discussion of the purpose, functions and goals of the committee The Youth Commission met with the Board Mrs Marcia Feakes asked for the direction of the Board on funding and implementing a summer youth employment program from June 12 to August 31, 1978 Estimated operating costs are $800 00 and a carry-over of $141 00 would be used to offset some of the expenses to be incurred A part-time worker would be hired at $636 00, based on $2 65 an hour for a 20-hour week At a general meeting attended by people who hired youth and worked with youth in the schools, it was indicated that one of the gaps occurs when school ends Last summer, the Advisory Youth Commission conducted a successful program with a student located in an office in the town office building to accept and record all jobs, interview applicants,etc Monies to cover expenses were raised by the students and a concert was held at the High School Mr Hutchinson said that the Commission had talked with him about the necessary support for funding and the possibility of having a CETA worker available to them He had explained to them that the Board of Selectmen would have to condone the matter of raising funds Mrs Nancy Banks, Assistant to the Town Manager, said that CETA had overextended itself and periodically shuts off applications for workers; then, word is received that applications are opened again. The Commission is ready to submit an application for a CETA worker and it is hoped that the CETA employee could be here at the proposed starting date Mr Hutchinson stated that the Town could provide some money fox temporary help, but not for an extended period Mr Busa felt that the Youth Commission should have started on this project when it was appointed last year It was also his feeling that the program should be self-supporting, with a sliding-scale application fee being charged to all students Mr Kent did not agree with a commercial approach He recommended that the matter be deferred until next week, during which time the Commission is to compile more information, meet with Mr Hutchinson, and come back to the Board The Youth Commission agreed and retired from the meeting Executive Upon motion duly made and seconded, it was voted 4-0 by roll call Session to go into Executive Session, with no intention of resuming the open meeting, for the purpose of discussing the reputation of individuals Upon motion duly made and seconded, it was voted to adjourn at 10 15 p.m A true record, Attest. IfLEAte\ It 7)1 G r Executive Clerk, Selec n 249 SELECTMEN'S MEETING May 22, 1978 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, May 22, 1978 at 7 30 p m. Chairman Battin, Mr Busa, Mr Kent, and Mr Crain; Mr Hutchinson, Town Manager; Mrs Banks, Assistant to the Town Manager, Mr Cohen, Town Counsel; Mr Martin, Assistant Town Engineer, Mrs McCurdy, Executive Clerk, were present At the request of the Town Clerk, the following jurors were drawn Jurors Alison Emery 441 Lowell St D. Joyce Altman 35 Saddle Club Road Edward G D'Entremont, Jr 29 Wilson Road Eli Cotler 31 Young Street Frank J Live 27 Whipple Road Chairman Battin opened a hearing on the application for a transfer LeBellecour of a Common Victualler All Alcoholic Beverages liquor license from Berkhout LeBellecour to Berkhout Corp , 61 Lorena Road, Winchester, for the Liquor License premises located at 10-12 Muzzey Street, main restaurant or dining room, kitchen area and reception area on first floor; function room in basement; men's and ladies' lavatories and storage area on cellar level A legal notice had been inserted in the May 11 issue of the Lexington Minute-man and notices had been sent by certified mail by the petitioner to all abutters Chairman Battin read a letter from Attorney Paul F Amico, repre- senting Mr and Mrs Frans R D Teding van Berkhout, who are planning to purchase the restaurant located at 10 Muzzey Street, Lexington, from LeBellecour, Inc subject to approval of a transfer of the liquor li- cense and other necessary common victualler licenses in connection with this operation Also, a letter of application for an entertainment license to have dinner music played Atty Amico informed the Board that all the stock of the Berkhout Corp, is owned by Mita F Teding van Berkhout and it is to be pledged to LeBellecour, Inc and their sole stockholders, Jean A Dupon and Josette Fraysse Vincent, who are to secure a mortgage for a portion of the sale price for the acquisition of the business Mrs Mita van Berkhout is to be the President, Treasurer, Clerk, and the Manager of the restaurant. LeBellecour' s license includes the courtyard but we are not requesting that area No one appearing in favor or opposition, Chairman Battin declared the hearing closed Upon motion duly made and seconded, it was voted to approve the transfer of the Common Victualler All Alcoholic Beverages license from LeBellecour to Berkhoht Corp d.b a LeBellecour, with Mrs Mita F Teding van Berkhout, Manager, for 7 days a week with the hours of opera- , tion from 11 00 a.m to 11 00 p.m. Monday through Saturday; 12 00 Noon to 11 00 p m Sunday The Board signed the application to the Alcoholic Beverages Control Commission for approval Also, to approve the pledge 450 Selectmen's Meeting - 2 - May 22, 1978 of stock owned by the Berkhout Corp to Jean A Dupon and Joseette L. Fraysse Vincetn Upon motion duly made and seconded, it was voted to sign the Common Victualler license for Berkhout Corp d.b a LeBellecour, 10-12 Muzzey Street, Lexington, 7 days a week, with hours of operation from 11 00 a m. to 11 00 p m Monday through Saturday; 12 noon to 11 00 p.m. Sunday Upon motion duly made and seconded, it was voted to sign the Entertainment license for Berkhout Corp d.b a LeBellecour, for dinner music on Friday and Saturday evenings from 6 00 p.m to 11 00 p.m Street Mr Martin Assistant Town Engineer, requested the Board's approval Takings of an award of no damages on small takings for corner roundings at the intersections of Banks Avenue, Tucker Avenue, and Cushing Street Appraisals were received, recommending no damages Upon motion duly made and seconded, it was voted to award no damages for small takings for corner roundings at the intersections of Banks Avenue, Tucker Avenue, and Cushing Street ORDERS Mr Martin recommended that the Board sign the orders of street acceptances, orders for construction of sewer and orders of sewer takings Street Upon motion duly made and seconded, it was voted to sign the order Acceptances of street acceptances for Cushing Street, Tucker Avenue, and Banks Avenue Sewer Upon motion duly made and seconded, it was voted to sign the orders Construction for construt;tlon Of sewer on Moon Hill RoadoMOrlialhd Avenue Stedman Road, Marrett Road, Bennington Road, and Eliot Road Sewer Takings Upon motion duly made an seconded, it was voted to sign the orders of sewer takings on Great Rock Road, ummit Road, Swan Lane, Barnes Place, Gibson Road, Bennington Road, Green Lane, Briggs Road, and Crescent Road Parking Meters Chairman Battin read a recommendation from the Traffic Safety Com- -Waltham St mittee that the existing one-hour parking meter hours of operation on Waltham Street, from Massachusetts Avenue to Forest Street, be extended to include the hours of 6 00 p m to 9 00 p m The Board agreed that, hopefully, this should alleviate the parking problems which had been outlined by Mx Louis Spencer, owner of the funeral home located at 52 Waltham Street It was voted to accept the Traffic Safety Committee's recommendation; however, later on in the meeting, the Board voted to rescind this vote and to refer the matter back to the Traffic Safety Committee for recommendations to be submitted on the method to be used in alerting residents and visitors that the time had been extended to 9 00 p m. If eventually approved by the Board, this section of Waltham Street would be the only street in Lexington where meter use had been extended p beyond 6 00 m Y Housing The Lexington Housing Authority met with the Board to request that Authority/Tax the moratorium on the sale of all tax title lots be extended for six Title months The Housing Authority, with HUD's approval, has selected 26 251 Selectmen's Meeting - 4 - May 22, 1978 sites from which developers will choose 25, upon which a single family house will be built Inasmuch as HUD has yet to approve the actual 26 sites, LHS is requesting the moratorium extension Upon motion duly made and seconded, it was voted to extend the moratorium on the sale of tax title lots from May 31, 1978 to November 30, 1978 Chairman Battin read a request from Police Chief Corr regarding a Proclamation- proclamation Police Dept Upon motion duly made and seconded, it was voted to proclaim the Month of June as Burglary Prevention Month, and to publicize this action in the Lexington Minute-man The Board approved the following permits Permits Upon motion duly made and seconded, it was voted to grant permis- sion to the Pilgrim Church to conduct a bake sale on the Visitors' Center Lawn on June 9 from 10 00 a.m to 2 00 p.m (rain date of June 10) Upon motion duly made and seconded, it was voted to grant permis- sion to the Lexington Field and Garden Club to conduct a plant sale on the Buckman Tavern lawn on June 1, 1978 from 10 00 a.m to 12 00 noon Upon motion duly made and seconded, it was voted to grant permis- sion to Northeastern University ROTC to conduct a commissioning cere- mony on the Battle Green on June 17 from 9 30 a.m to 10 30 p m. sub- ject to notification to the Police Department Upon motion duly made and seconded, it was voted to grant permis- sion to the Elks Club to conduct a flag day ceremony on the Battle Green on June 14 at 7 00 p m Upon motion duly made and seconded, it was voted to sign an Enter- tainment license for Chadwick's Ice Cream Parlour for Dixieland Band to perform on June 22 and June 23 from 7 00 p.m to 11 00 p m Upon motion duly made and seconded, it was voted to sign a 1-day special liquor license for the Lexington Little League dinner dance at the Lexington Armory on June 24 from 7 00 p m to 12 00 p.m Upon motion duly made and seconded, it was voted to sign a 1-day special liquor license to W R Grace Co for an employee's party on the premises on May 30 Chairman Battin read a proposal from LHS Associates, Inc Andover, 1979 Jury List in the amount of $385 00 for the preparation of computer information required for the submission of the Annual Jury List to the Middlesex County Clerk of Courts Beginning January 1, 1978, Middlesex County will become a trial judicial district to test the effectiveness of a new plan for jury selection and management, and to determine the feasibility of the plan's implementation throughout the Commonwealth Po z Selectmen's Meeting - 4 - May 22, 1978 of Massachusetts Under Sections 5 through 9 of the Acts of 1977, a new system of selecting jurors in Middlesex County is established the act abolishes all class exemptions from juror service and requires random selection of prospective jurors from local resident lists In essence, each city or town is to submit by July 1, 1978, a list of those names remaining on the former 1979 and 1980 jury lists, and this list will be used through December 31, 1978 for the selection of jurors As of January, 1979, the new format is to be used; namely, on or before June 1, a sequentially numbered list of names and addresses of Lexington residents is to be sent by the Board of Selectmen to the Jury Commissioner A list of random numbers, prepared by LHS Associates is to be returned to the Lexington Board of Selectmen by August 1 LHS Associates will compile a data process- ing tape from the list of random numbers requested by the Jury Commissioner The tape is to be returned to the Jury Commissioner's office by September 1, 1978 Upon motion duly made and seconded, it was voted to authorize Chairman Battin to sign the agreement with LHS Associates, Inc , for the preparation of the 1979 Lexington list of jurors, at a total cost of $385 00, using the following procedure 1 Extract from the January 1 Census File, residents 17 years of age and older with the following information - Name (sep- arating last from first) , Address, zip code, date of birth and sex This file will be referred to as the LOCAL RESI- DENT LIST 2 Arrange all names on the Local Resident List alphabetically by last name 3 Assign a consecutive number to each resident on the Local Resident List 4 Print 4 copies of the Local Resident List along with their consecutive number 5. Burst and decollate 2 copies for the Jury Commissioner 6 Maintain a back-up file on tape of the Local Resident List 7 In August, select from the back-up files those names who match the random numbers supplied by Jury Commissioner 8 Supply to the Jury Commissioner a computer tape in a format acceptable to the Jury Commissioner, for those residents selected from the Local Resident List Senior Center The Senior Center Site Committee met with the Board to discuss a Site Committee report prepared by the Committee Mrs Nancy Banks, Assistant to the Town Manager, said that the committee has begun identifying preliminary sites which might be used 953 Selectmen's Meeting - 5 - May 22, 1978 as a Center; there are approximately 30 locations The committee feels that before a Senior Center is established, it is necessary to have a temporary Center in order to test what is more appropriate for Lexington, and adequate space would be needed to include the Council on Aging The facility should be near the center of Town, and the committee has looked at Cary Hall, the Church of Our Redeemer, the First Parish Church, Hancock Church, and schools Of the churches, Our Redeemer is likely to be considered, but not Hancock Also, the committee will look at facilities in other communities Regarding funds, an application has been submitted to HUD for a Small Cities' Grant, and the committee has spoken to Mr Jack Crain of the Department of Elder Affairs regarding available funding through that department Mr Tropeano has resigned from the committee and, in order to begin the field work, there is a need for a new member The committee would like to locate the Council on Aging by December 1 Mr Joseph Rooney thanked Mrs Banks for her assistance and for doing an excellent job in holding the committee together He recom- mended that at least two members be added to the committee because of one resignation and two members who do not attend meetings The Church of Our Redeemer seems to be the best location but they won't allow us to lock up the room We originally understood that the rent would be $300/month, it jumped to $800, and now we hear it might be $1,200 We will get back to you sometime in September Chairman Battin recommended that the two committee members be contacted to find out why they are not attending meetings, and to see if the present members wish to continue to serve on the committee There should be a list of the skills needed in other committee members and recommendations made of persons who can supply them Questions were raised by Mr Busa on the needs for a senior cen- ter, which he felt were yet to be explained, and he felt that the senior citizens were not interested enough to show up at meetings Mr Crain agreed and said that when recommendations are made, they should be based on needs He added that the heart of the problem is the current committee, which should be a working committee with residential skills Mr Kent was not in favor of the Council on Aging office remaining on the second floor of the Visitors' Center until Sept 1, and the Town Meeting was very concerned about that when it was presented to them, and the Council pointed out the necessity of people climbing the stairs to the second floor Mr Crain agreed, and said that if an unfortunate experience occurred, he felt that the Board would have a sense of urgency to do something overnight We ought to accomodate a move from that location immediately Chairman Battin said that she shared the concern and felt that the Council should be moved immediately even if it means taking the chance that a more suitable location might be found within the nex few weeks IMr Hutchinson said that there are two separate problems - the Council on Aging office, which the Board has requested that we investi- gate, and the Senior Center site, if there is going to be one; however, 954 Selectmen's Meeting - 6 - May 22, 1978 they are closely interrelated, as well We have pursued working with the Council on Aging on their needs for an Office but also the whole idea of administrative support for any site that would be selected It was hoped that we would have something by now, or certainly within the next month, and we are looking at a rental facility and also moving the office It is inconsistent to locate the Council on Aging office someplace one day and moving it the next month to another facility, but if we can't have something sooner than September 1, we will move the CoA office During discussion, the inadequacies of the lower level of Cary Hall were pointed out by the Council on Aging, and it recommended that space be obtained on the ground level It was also suggested that rooms in one of the high school buildings be used, and Mr Hutchinson responded that the School Committee is being very responsive to our re- quests but he doubted that this space would be available It was agreed that Mr Rooney is to check with committee members regarding the desire to continue to serve and attend all meetings, list the skills needed in a working committee, and to make recommenda- tions to the Board of persons who can fulfill those requirements Another meeting will be scheduled when the Board has read the CoA Report The Council on Aging retired from the meeting Middlesex Because our regular designee, Mrs Mary W Miley, is on vacation, County the Board discussed representation at the Middlesex County Advisory Advisory Board meeting to be held on May 25 at the Newton City Hall Board Upon motion duly made and seconded, it was voted to designate Mrs Nancy H Banks, Assistant to the Town Manager, to serve as the representative of the Board of Selectmen at the special meeting of the Middlesex County Advisory Baord on Thursday, May 25, and to vote as necessary on behalf of the Board of Selectmen Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meeting held on May 8, 1978 Youth Comm.- The Youth Commission met with the Board to discuss the Summer Summer Youth Employment Program Employment Mr Hutchinson informed the Board that the Town Manager's office Program is pursuing the possibility of obtaining a CETA grant to help on summer employment We have filed the application but, if approved, it looks as though that position would not be available until late june, which is incompatible with the needs of the program However, we do haze the opportunity of working with a student who has work experience - the money to be provided by the University - to act as the employment vehicle The Town would have to come up with 20 percent of the cost of that position and that would mean about $400 from us This person was recommended by the Council on Aging and would be available to them too We are pursuing the funding vehidies first and, if unsuccessful, we could approach the School Committee for funds from their budget and, with our budget funds and a registration fee, these would offset the costs of paying a person at $3 00 an hour for 20 hours a week for 10 to 12 weeks Selectmen's Meeting - 7 - May 22, 1978 There could be an initial registration fee rather than charging a student every time he wants to go out to work Members of the Commission were not in favor of charging a registra- tion fee, but Mr Busa said that youths should be willing to pay for someone else to find them a job Mrs Feakes, Commission member, re- sponded that the employment program would be a service to those who call in with jobs to be done Efforts would be made to have fund raising activities to offset the costs and the youths would help in these activities The Board had no objection to this Mr Hutchinson said that we feel obligated to get a program started, with the understanding that if there is to be any temporary support from us, it will be just that There will be a registration process, and we would hope the School Committee and others might come forward with assistance; however, we have not yet approached the School Cornu 4ttt@e_: In the meantime, we will have to wait to hear from the funding sources The Board agreed that the program is to be implemented Upon motion duly made and seconded, it was voted to endorse the Summer Employment Program, as recommended by the Town Manager and the Youth Commission Mr Busa raised the question on the procedure to be followed con- cerning monies (gifts, etc ) accumulated during the program, and the Board advised the Youth Commission to work out the details with Town Counsel and the Comptroller The Board agreed to invite the Street and Sidewalk Advisory Com- Street & mittee to a future meeting to discuss a more specific charge if the Sidewalk Committee is to continue to function Committee Chairman Battin asked for the Board's opinion on the request from MBTA Mrs Joyce Hals, Chairman of the Transportation Advisory Committee, Intra-Town for a commitment from the Selectmen on the support of the Town Mana- Bus Transp ger's office and other Town departments in the preparation of a pro- posal to be submitted to the META on an intra-town transportation system Mrs Banks was requested to advise the Transportation Committee that it would be impossible to grant a normal level of support because of the current demands on the Town Manager's office but some support would be available Also, to recommend that volunteers be recruited from Town agencies and the Chamber of Commerce Mr Hutchinson informed that Board that Dr Will is willing to Appointment serve on the Sewer Advisory Committee. Sewer Advisory Upon motion duly made and seconded, it was voted to reappoint Dr Committee Kenneth W Nill a member of the Sewer Advisory Committee for a term of office expiring May 31, 1979 Mr Kent recommended that the Board meet with the area legislators Special Meeting on June 1 to discuss pending legislation important to the financial Legislators well-being of the Town Also, a representative of the Municipal Associations would like to discuss the proposed amendment to the Massa- chusetts Constitution which would permit division of real property into l 25(5 Selectmen's Meeting - 8 - May 22, 1978 a number of classifications for assessment purposes The Board agreed to arrange a meeting on Thursday, June 1 at 7 30 p.m. in the Selectmen's Meeting room and to invite the legislators and all interested persons Meeting The Board agreed not to meet during the week of May 29 and the next meeting will be held on June 5 FY79 Mr Hutchinson announced that the estimated tax rate, based on Town Tax Rate Meeting action, is $92 59 this includes the increased school budget and all of the authorizations voted at Town Meeting The increase of $4 19 is exclusive of any actions that the State Legislature takes Nobody really knows what the property tax will be because nobody knows what the State Legislature is going to do The tax rate could be affected by as much as $2 00 depending upon what the General Court does; not just $2 00 this year but on an incremental basis The whole idea of sharing in State revenues is that cities and towns would bear State expenses Un- less there is some comprehensive effort of tax reform, our increases will be something that might even exceed the cost of living unless the State starts assuming some of its responsibilities Chairman Battin and Mr Kent stressed the importance of meeting with the State Legislators in order to communicate Lexington's concerns July 4th Mr Hutchinson recommended that the Board approve the Lions Club Carnival carnival over the 4th of July upon motion duly made and seconded, it was voted to approve the Town Manager's recommendation that permission be granted to the Lions Club to muntecta carnival on July 1, 2, 3 and 4, 1978, 9ubject to the conditions set forth by the Town Manager Appts Mr Hutchinson requested approval of the Board of his reappoint- Conservation ment of Conservation Commission members Commission Upon motion duly made and seconded, it was voted to approve the recommendation of The Town Manager's reappointment of Mrs Angela E Frick, Mrs Shirly Stolz, and Mr David Williams as members of the Conservation Commission for terms expiring April 1, 1981 AAA Bond Mr Hutchinson informed the Board that (1) the AAA Bond rating has Rating - been maintained by the Town; (2) he will file with the Board on May 26 FY79 Salaries the information FY 79 salaries; (3) an appointment could be made on June 5 fot the Personnel Advisory Board to discuss affirmative action Executive Upon motion duly made and seconded, it was voted 4-0 by roll call vote to go into Exectitive Session, with no intention of resuming the open meeting, to discuss 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 1012 pm. A true record, Attest 1.44,WrOh' )10 Executive Clerk Selectme 957 SELECTMEN'S MEETING JUNE 5, 1978 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, June 5, 1978 at 7 30 P M. Chairman Battin, Mr Busa, Mrs Miley, Mr Kent and Mr Crain; Mr Hutchinson, Town Manager; Mrs Banks, Assistant to the Town Manager; Mr Cohen,Town Counsel; Mrs McCurdy, were present Mr Louis Zehner, Town Treasurer, met with the Board to request ap- Treasurer proval of the sale of the bond issue to the First National Bank of Boston on May 23, 1978 Upon motion duly made and seconded, it was voted to approve the sale of the following 4 15 percent bonds of the Town dated June 15, 1978 to the First National Bank of Boston at 100 009999 and accrued interest $452,000 Conservation Bonds (Nos 1 to 85) payable June 15 $110 000 in 1979 and $105,000 in 1980 to 1982, $200,000 Sewer Bonds (Nos 1 to 40) payable June 15 $50,000 in 1979 to 1982 Upon motion duly made and seconded, it was voted to authorize the Town Treasurer to cause facsimiles of the signatures of the members of the Board of Selectmen to be engraved or printed on the above mentioned bonds; also, to empower him to proceed with the transaction Mr William Sen, Chairman, and members of the Council on Aging met Senior with the Board Center - Chairman Battin said that the Baord had previously met with the CoA Senior Center Site Committee and, unfortunately, we had not gotten their report before that meeting; they were looking for temporary quarters and also move the Council on Aging office as a combined package by Sept 1 The four members of the Board present at that meet- ing remembered very distinctly that strong impression that we got from Town Meeting was that the two were quite separate, and we were to move the CoA office from the second floor of the Visitors' Center as soon as possible We directed the Manager and the Committee to separate the two and find a place for the CoA office within 30 days Since that time, the CoA has met and officers of TMMA have been contacted, in- cluding a representative from each precinct, and they both feel that the Selectmen' s strong feeling was not shared necessarily by them Chairman Battin read the vote taken at the May 30 CoA meeting, that the CoA feels it is imperative that the CoA Administrative Offices and the Senior Center testing activity remain unified, as the Senior Center Site Committee in conjunction with the Town Manager is attempt- ing to do A split of the CoA office function and pilot senior center would prevent establishing good pilot programs The concept of the Senior Center was endorsed by the 1978 Town Meeting Cary Hall and the Town Offices do not meet the conditions and are therefore unsuitable The Council on Aging resolves that multiple temporary moves will be dis- advantageous to the efficiency and continuity of CoA services There- fore the Council is willing and desirous of working very closely with the Town Manager's office and the SSSC in their endeavors to solve these '58 Selectmen's Meeting - 2 - June 5, 1978 problems without the limitations ihapo, 6 by the Board of Ssleotmea- Chairman Battin read a letter from the TMMA Chairman stating that although the Town Meeting felt the CoA should be moved from its current second story location, it should only be moved at a time and to a place which will improve its current situation TMMA officers oppose the setting of a mandatory date for moving the CoA since this could result in a less desirable location rather than improving the location; they should have a ground floor entrance, no steps to climb, plenty of park- ing close to the entrance and separate areas for counseling and social activities TMMA is willing to work with the Selectmen and the CoA in finding such a location Mr Sen said that the Council is disturbed about the 30-day deadline If we moved downstairs, we fully intended that we should be able to ex- periment and if we were moved to a location that would never have an administrative office, etc , that would nullify the fact that there was a need After discussion, Mr Hutchinson agreed to come back to the Board with recommendations He said that his office is working with the CoA and SSSC trying to get an office move and they are looking at all public buildings and other locations There may be some problems with moving the CoA downstairs and setting them up and he felt that a more desirable location in the Town could be found He added that negotiations are now underway with the Church of Our Redeemer The Council on Aging retired from the meeting Hanscom Mrs Catherine Donaher, representative of Massport, Mr Fred Bailey, Massport and representatives of the Planning Board and the Conservation Commission met with the Board Chairman Battin recommended that the Board appoint Mr Bailey as Lexington's representative on the new Hanscom Field Advisory Committee Upon motion duly made and seconded, it was voted to appoint Mr Fred C Bailey as Lexington's representative on the Hanscom Field Advisory Committee Mrs Donaher informed the Board that Massport is proposing to under- take an Airport Noise Control and Land Use Compatibility Study at Hanscom Field The project will be (1) to develop a noise abatement program for Hanscom Field, and(2) to provide guidelines and direction for the planning and development of contiguous noise acted property in the four surround- ing Towns of Lincoln, Lexington, Bedford and Concord The project will be conducted under the supervision of the Planning Department and Aviation De- partment at Massport with extensive participation of land use, aviation planning and acoustical consultants All of these activities will be coordinated with the Hanscom Field Advisory Committee, the FAA, the four Towns, airport users and other interested parties We will be gathering data in the summer and in the fall we will know the direction we will take Mr Bailey said that he was pleased with the way the whole situation was being approached by gathering facts The Advisory Committee is going to be very broadly based and will work with them; it is not going to be 111 a Massport thing saying that this is what we are going to do 239 Selectmen's Meeting - 3 - June 5, 1978 Mrs Frick recommended, Lexington'sthat as MAPC representative, the study be integrated with MAPC and Central Transportation projects Mrs Donaher agreed to submit more technical data to the Town Manager and Mr Bailey as a member of the Advisory Committee is to keep the Selectmen and the Planning Board informed of the progress Mrs Donaher retired from the meeting Chairman Battin read a recommendation from the Traffic Safety Committee Traffic that the Stop signs remain at the intersection of Middle Street and Marrett Cary Ave Road However, further studies indicate that Stop signs are warranted at Middle St Middle Street and Cary Avenue and because Middle Street is the major street Stop Signs by virtue of its volume of traffic, the signs must be installed on Cary Avenue, the minor street Upon motion duly made and seconded, it was voted to amend the Traffic Rules and Orders of Lexington by adding to Article VIII, Section 22, Schedule #7, the following STREET LOCATION REGULATION Cary Avenue Northeastbound at Middle Street Stop Cary Avenue Southwestbound at Middle Street Stop Approval of the State Department of Public Safety is to be requested The Board approved Mr McSweeney's recommendation to sign the forms State Aid- for State Aid-Highways. Highways Upon motion duly made and seconded, it was voted to sign the forms accepting State Aid for Highways in the amount to be determined by the Massachusetts Department of Public Works State Aid Office, District #4, which is in accordance with Section 14, Chapter 497 of the Acts of 1971 Upon motion duly made and seconded, it was voted to grant permission Permit to the Department of Mental Health, Region III, to use the turning circle at the end of Park Drive on June 13 at 10 30 A.M to 12 00 Noon for pony rides for children with special needs Upon motion duly made and seconded, it was voted to approve the re- 1-Day quest of Mrs Alice Pierce for a 1-Day special liquor license for the Liquor Dukakis Campaign Committee fundraising event at the Follen Church on License June 21 from 6 00 P.M to 11 00 P M. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's meeting of May 15, 1978 Upon motion duly made and seconded, it was voted to approve the Poles - request from the New England Telephone Company to abandon occupancy Hartwell on six J/O poles at the following location Boston Edison now being sole owner Mr Crain abstained Hartwell Avenue on the northwesterly side, running east of Maguire Road, four poles 411/23, 411/22, 411/21, 411/20; also on the southeasterly side opposite Maguire Road, two poles 411/23B and 411/23A 260 Selectmen's Meeting - 4 - June 5, 1978 water Upon motion duly made and seconded, it was voted to accept Mr Abatement McSweeney's recommendation to abate the following water bills due to biller's error Hanscom Air Base, $1,275 20; $142 90 Permit Upon motion duly made and seconded, it was voted to grant permission to the residents of York Street/Woodland Road/Grant Street to conduct a block party on June 22 from 6 30 P M to 12 00 Midnight Mr Busa agreed to represent the Board at the meeting at Hanscom Field to discuss plans for the Hanscom Open House on July 8 and to recom- mend that invitations be sent to the Board of Selectmen, Manager, Public Works Director, Police and Fire Chiefs, Chairmen of the Town Celebrations Committee, School Committee and the Planning Board PAB The Personnel Advisory Board met with the Board to discuss an Affirma- Affirmative tive Action Policy Action Mr Hutchinson said that some time ago, the Board of Selectmen had en- Policy dorsed the idea of an affirmative action policy for the Town and we have been working administratively with the Personnel Advisory Board on the preparation of a plan that would outline the executive of that policy Mrs Banks has been working with the PAB and the work that has been done is com- patible with the policy guidelines outlined by the Selectmen Mr Butler, PAB Chairman, said that we feel this is a sound beginning of a policy which should, over a period of time, bring about results The document has grown out of consultation not only with the Personnel Advisory 111 Board but with other interested citizen groups and covers those areas that one may expect to find in a comprehensive affirmative action program The person to be called the affirmative action officer is the Assistant to the Town Manager, who will implement the goals, identify problem areas and ar- range for training sessions A quarterly report is to be submitted to the Town Manager, Board of Selectmen and the Personnel Advisory Board and an annual report would be made available to the staff, the public, and in- cluded in the Town Report The heart of the plan, rather than taking the traditional approach and focusing on numbers, will be to have greater rep- resentation of minorities and women in the work force The proposal ends with the development of a grievance procedure and the employee who feels discriminated against has an opportunity to be sure the matter is heard. Questions raised by members of the Board on the language used to describe minorities and the grievance procedure were resolved and the Board agreed to adopt the policy A member of the Concerned Black Citizens thanked the Board of Selectmen and the Town Manager and his staff for the cooperation to his group Upon motion duly made and seconded, it was voted to adopt the affir- mative action policy for the Town'of Lexington I 961 AFFIRMATIVE ACTION PLAN TOWN OF LEXINGTON The Town of Lexington recognizingindividualto work, the right of an and to advance on the basis of merit, ability and potential, without regard to race, sex, color, religion, national origin, age, or physical handicap, resolves to make a legal and moral commitment to provide equal opportunity to all individuals The Town of Lexington further recognizes that certain employment practices and policies may inadvertently discriminate against certain persons and thereby deprive them of equal opportunity The Town of Lexington therefore hereby resolves to implement a program of affirmative action which has as its goals both the achievement of equitable and fair personnel practices and policies without regard to race, color, reli- gion, sex, national origin, age or physical handicap and the achievement of an environment which will effect the full utilization of minorities and women at all levels of municipal government Statement of Affirmative Action Policy The Town of Lexington consistent with this policy will review all employ- ment and personnel policies to insure that they are in compliance with the spirit and meaning of federal and state laws governing equal opportunity in employment Applicable laws presently include Massachsuetts General Laws, Ch. 151B; Title VII of the Civil Rights Act of 1964 as amended, 42 U S C s2000e; 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 use personnel practices which enable the Town to 1 Recruit and hire persons who are capable of performing 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 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 I 262 Statement The Board of Selectmen hereby directs the Town Manager to oversee the Town's implementation of this program, develop a monitoring system and in- form the Board as to the Town's adherence to the program goals and principles Definitions Minorities a Black - all persons of African descent as well as those identified as Jamaican, Trinidadian, West Indian and Cape Verdean. b Hispanic - all persons of Mexican, Puerto Rican, Cuban Dominican or or other Latin American Heritage c Native American - all persons who are knownI.as such by virtue of their tribal associations d Asian American - all persons of Japanese, Chinese, Korean, or Filipino descent e Other - all persons of Aleut Eskimo, Malayan, Thais, and other nonwhites not specifically noted above DISSEMINATION Internal Dissemination The policy will be distributed to all Department Heads by the Town Manager In addition the policy 1 will be incorporated as part of the Personnel Manual; 2 will be incorporated into the Employees' Handbook distributed to each employee; 3 will be sent to each of the municipal unions; 4 will be posted on all employee bulletin boards External Dissemination Notification of the Town's policy and program will be made 1 in writing to each recruitment resource; 2 appropriate minority and women's groups in the Town of Lexington 3 other interested groups and organizations 63 IMPLEMENTATION The Town Manager as part of his responsibility to oversee the Town's affirmative action program appoints the Assistant to the Town Manager to direct the affirmative action program and serve as Affirmative Action Officer The Affirmative Action Officer's duties will include, but not be limited to 1 Recommend to Town Manager and Board of Selectmen affirmative action policies 2 Implement the affirmative action goals outlined in this plan as appropriate and assist others in the implementation of these goals in their scope of responsibility 3 Identify areas which do or may potentially stand in the way or delay the enactment of any affirmative action goals 4 Provide technical assistance to Department Heads in their efforts to achieve affirmative action goals 5 Review and obtain suitable training upon approval of this plan and on a continuing basis for department heads, super- visors, and other municipal staff in affirmative action The training shall be designed to assure staff understanding and identification of barriers that stand in the way of achieving equal opportunity in employment 6 Monitor and review the accomplishment of the goals and objectives in the affirmative action program 7 Evaluate and report to the Town Manager, the Board of Selectmen and Personnel Advisory Board on the Town's progress towards achieving the goals and objectives outlined in this affirmative action program 8 Serve as liaison between the Town and community groups concerned with employment opportunities for minorities and women 9 Maintain current information on equal employment legislation, regulation and court rulings WORKFORCE ANALYSIS, March 1978 In 1974-75 Arthur D Little, Inc , under agreement with the Town of Lexington reviewed the Town's personnel classification system and made recommendationsfora revised system designed to streamline the structure then in existence These recommendations, implemented by the Town provide for a classification structure consisting of three major schedules, clerical (S-Schedule) , wage (W-Schedule) and management (M-Schedule) In addition, the Fire and Police Departments each have a rank schedule Certain functions were not put into any of the schedules and these are categorized as Specials on the classification structures 264 Workforce Analysis by Race and Sex Chart 1 indicates the number of positions authorized by classification and the number currently employed by sex and race, with Chart 2 providing a summary by schedule Chart 3 lists the specific job title in each of the classifications listed Chart 4 shows the workforce analysis using the Equal Employment Opportunity Commission classifications The four charts show the number of minorities now employed by the Town is 1% of the total workforce in comparision to the 7 5% minorities employed in the Boston SMSA. Women represent 17 7% of the total workforce Within the S-Schedule and Chart 4, the Clerical employees represent 91 3% and 97% respectively In the M-Schedule, women represent 14 8% of the total work- force, and 0% of the W-Schedule Using the EEOC Classifications, 17% of the administrators, 20% of the professionals, 6 9% of the technicians, 1 6% of the protective service workers and 88 9% of the paraprofessionals are women These percentages represent significant increases from a year ago as a result of the appointment of a female police officer, Recreation Coordinator and Assistant to the Town Manager The percentages in the M-Schedule and EEOC classifications are favorable with the exception of protective service workers Workforce Analysis by Age Distribution Graph 1 illustrates the age distribution of Town of Lexington employees This graph shows that Town employees come from a wide variety of age groups with all groups enjoying substantial representation The youngest full-time employee of the Town is 21 years of age; the oldest is 71 Approximately 51% of the Town's employees are between the ages of 33 and 53, 29% are over 53, and 25% under 33 The wide representation of different age groups remains in effect even when the total employee population is broken down into occupational groups as evidenced by the remaining graphs The clerical (S-Schedule) group is perhaps the only group in the Town without such an optimal representation The distribution for this group is 9% under 33 years of age, 28% between the ages of 33 and 53, and 63% are over 53 years of age Recent hiring of four new employees has helped to expand the age distribution in this group AFFIRMATIVE ACTION GOALS - FY 79 Projected Vacancy Report Annually after the adoption of the Budget, the Affirmative Action Officer shall prepare a projected vacancy and promotional opportunity report for the following two-year period taking into consideration retirements, general turnover, reorganizations and creation of new positions Employment Goals During 1979 and 1989 there will be no vacancies as a result of new positions or reorganizations One major reorganization is scheduled in the Fire Department which will create 5 new Lieutenant positions and eliminate Affirmative Action Goals (Continued) Employment Goals (Continued) an equal number of Firefighter positions It is anticipated that the recruit- ment for the new positions will be within the Department Other reorganizations may take place in 1980, but at this time the Town Manager does not see any new positions resulting from such actions Turnover among present employees is very low During 1977 there were approx- imately 12 turnovers (16 2%) in the Department of Public Works, 1 turnover (less than 1%) among the clerical employees and 1 turnover (less than 1%) in the manage- ment level In DPW, about half of the turnovers result in new employees, the re- maining in promotions Under Chapter 32B, Sec 118 passed in 1977, there is no longer a mandatory retirement age for municipal employees A review of thr ages for recent retirees shows, however, that the average age is between 62 and 65 years There are pres- ently 33 employees who are or will reach 62 years of age in the next two years Approximately 75% of these can be expected to retire, assuming the same retirement trends continue under the new law The total number of vancancies for FY 79 and FY 80, therefore, based on pro- jected turnover and retirements is anticipated to be Clerical 4 Special 2 Management 4 Ill DPW 11 Police 4 Fire 8 The Town is responsible for the hiring of all employees Except for the Police which is under Civil Service, the Town does its own recruitment A fire examination was given one year ago and this will serve as the basis for our re- cruitment during the next two years The examination has been structured in a manner which we believe is consistent with the affirmative action goals in this plan Recruitment Essential to affirmative action employment is an aggressive recruitment program which brings to the Town qualified candidates representing all popu- lation groups The Town in the last year has begun to develop an extensive recruitment resource file which includes media sources, job banks, educational facilities and community groups Chart III lists the specific resources in- cluded in the file Our experience this year, however, indicates that recruitment efforts must be expanded Specific actions will be taken so that minorities and women repre- sent a portion of all qualified candidates considered for employment by 1978 a) Personal contact with community groups to obtain expanded listing of groups and agencies providing employment referrals 4)66 Affirmative Action Goals ( continued) Recruitment (continued) b) Personal contact with community groups and agencies offering employ- ment referrals to determine degree of specialization in field of employment, geographic preference, population group served and pro- cedures for obtaining applicants c) Developmentof an evaluation mechanism so that resources can be re- viewed for appropriateness, ability to provide qualified candidates and expanded as new resources become available d) Recruitment areas will vary for each position In the clerical levels, the geographical recruitment area will be limited to the Northwest Boston Metropolitan Area, based on the salary levels and type of work performed Management recruitment can range from a national to a regional search depending on the level The projected vacancies are not of a level to warranta national recruitment effort, but will be a regional effort In addition, management searches where possible will tie into affirmative action efforts undertaken by the appropriate professional organizations Personnel Policies The policy clearly states that discrimination may be inadvertent We recognize that this situation may exist in the Town of Lexington and in 1979 the following actions will be undertaken to correct any such practice or policy a) Review existing personnel policies for compatibility with affirmative action policies Included in this review will be recommendations for a residency requirement, age limitations, and a maternity-leave policy In addition, The Personnel Advisory Board, is with the Affirmation Action Officer, reviewing the police cadet program and the current recruitment policies A recommendation on this program is expected by May 1978 b) Complete and print a Personnel Policies Manual Presently a personnel policies manual is only partially completed A manual will set forth clearly the procedure for recruiting and screening appli- cants, promotion and general personnel administration c) Institute regular review of minimum qualification requirements for each position posted prior to posting to insure appropriateness of qualifications by May 1978 d) Institute regular and on-going reviews of all job descriptions and classifications so that each position is reviewed at least every three years by August 1978 111• 267 Affirmative Action Goals (continued) Employee Evaluations During 1977 an Employee Evaluation was instituted so that every employee would be evaluated at least once annually In 1978 the evaluation program has been expanded so that each new employee will be evaluated within three months after employment At that time the employee will be provided with a performance rating and advised of his/her strengths and weaknesses in performing his/her duties At this time the employee will be advised if performance is so unsatis- factory to warrant termination Employees with an unsatisfactory rating will be provided, after the evaluation, a reasonable period to adjust their performance In addition to rating performance, the evaluation asks the Supervisor to identify training and skill enhancements which could benefit the employee During 1979, efforts will be made to expand the use of this section, so that a comprehensive training program can be designed Such a program should include provisions for promotion opportunities Monitoring and Review Establish a quarterly review system to count -percentage of minority applicants for each opening -percentage of women applicants for each opening -percentage of minorities within workforce -percentage of women in workforce Quarterly report to be submitted to Town Manager, Board of Selectmen and Personnel Advisory Board outlining progress on each of the goals outlined above and new or recurring problem areas An annual report should be made available to the staff and public and included in the Annual Town Report The Town Manager, Affirmative Action Officer, department heads and other staff charged with carrying out portions of the affirmative action goals will, as part of the annual performance review, be reviewed on their performances in carrying out their portions of the Town's goals with respect to affirmative action This annual performance review shall serve as the basis for determining annual salary levels Complete annual goal statement for FY 1980 based on quarterly progress reports and submit to the Board of Selectmen no later than June 1, 1979 GRIEVANCE PROCEDURE A Grievance Review Committee shall be established to provide each employee and applicant for Town employment the opportunity to have complaints of dis- IIIcrimination heard and reviewed by an impartial body This committee shall consist 968 Grievance Procedure (continued) of three (3) persons, one member of the Personnel Advisory Board selected by the Chairman, one department head selected by the Town Manager, one citizen at large selected by the Board of Selectmen Appointments shall be made for cases as they arise Employees of the Town or candidates for employment may file a grievance if they feel that they have not been granted equal employment opportunity as guaranteed by the law or as stated in the Town's Affirmative Action Plan Grievances shall be filed with the Affirmative Action Officer (in the Town Manager's Office) within two weeks from the date of the alleged dis- crimination. All such grievances shall be in writing and will include a detailed statement of the facts constituting the grievance Upon receipt of the grievance, the Affirmative Action Officer shall be responsible for the investigation and objective appraisal of the merit of the grievance, unless the Affirmative Action Officer feels he/she can not provide an impartial investigaion because of his/her involvement in the grievance If the Affir- mative Officer can not investigate the grievance, the grievance shall be sent to the Grievance Review Committee for investigation Within four weeks of the original notice the Affirmative Action Officer will have (1) completed the investigation of the grievance; (2) filed a notice that the complaint has been made, completed investigation with the Town Manager, and (3) with Town Manager approval, provide written notification to the grievant describing either corrective action to be taken by the Town or reasons for denying the grievance The Town Manager shall notify the •Board 111of Selectmen of each case filed The grievant may appeal this decision to the Grievance Review Committee for an opinion to the Town Manager on the merit of the grievance within two weeks of the decision from the Affirmative Action Officer Such notification will require the Committee to review the previous investigation, obtain addi- tional information as needed and make a determination whether or not to support the Affirmative Action Officer's decision The grievance procedure shall not bar any grievant from seeking relief under provisions of federal and state laws at any point in the grievance pro- cedure Further any employee under a union contract shall be governed by their contract should there be any discrepancy between this procedure and the contract Replace Chairman Battin informed the Board that Mr Hutchinson has agreed to assign Mrs Banks to be part of the selection process to replace Jim McKee Re-Place Director, who has resigned No Selectman wished to be involved and Mrs Banks will give the Board a progress report Meeting The Board agreed not to meet on June 12 and scheduled the next meeting for June 19 at 7 30 P M. School Mrs Miley advised the Board that Mr Roger Trudeau is unable to serve Sites Com on the School Sites Conversion Committee A letter has been received from Housing the Housing Authority requesting the appointment of a member to the committee, Authority and the Board agreed that Mrs Miley is to talk with the Chairman of the Housing Authority and come back to the Board on June 19 Z69 Selectmen's Meeting - 5 - June 5, 1978 Mr Hutchinson asked the Board to endorse a proposed agreement to pro- Bedford vide water to the Town of Bedford with the approval of the Metropolitan Water District Commission In the interim, Lexington is providing water to Bedford Upon motion duly made and seconded, it was voted to authorize the Town Manager to proceed with the agreement to provide water to the Town of Bedford subject to the approval of the MDC - 1 Charge existing rate of 45 per 100 cu ft ($601 00/m g p d ) as this is the rate charged to Lexington residents In the event that a rate change is instituted for Lexington residents, said rate change would be passed on to Bedford 2 Continue on a temporary basis providing water through the Raytheon connection which will be metered 3 Coordinate separately amounts due for period when water was unmetered 4 Bedford D P W will contact Lexington D P W at emergency number, 862-1618 or daytime hours, 862-0500, notifying when water is turned on and/or off. 5. Bedford will investigate a connection through Pine Knoll Street, which may be more advantageous to the Town of Bedford and the Town of Lexington rather than the current temporary connection and such connection will provide an appropriate meter pit and gate valves The Board approved Mr Hutchinson's request for Reserve Fund Transfers Transfers in the amount of $64,300 The bulk of the over-expenditures were necessary because of utility costs or items beyond control, such as the Burlington line case A transfer of $18,000 from Article 5 will help offset $25,000 of addi- tional overtime costs in the Fire Department caused by illness of firefighters who have since been retired on disability and overtime blizzard costs; $7,000 will be authorized out of Account 1070-Temporary Help and Overtime Upon motion duly made and seconded, it was voted to request approval of the Appropriation Committee to transfer $64,300 from the Reserve Fund to the following Accounts Public Works Directors Office Account #5000 $ 2,000 Town Office Building Maintenance Expense Account #5250 5,000 Road Machinery Account #5450 5,000 Street Lights Account #5600 9,000 Sewer Maintenance Account #5700 13,000 Cemetery Division Account #6400 1,200 Treasurer/Collector Expense Account #2525 4,900 Office Copier and Supplies Account #2935 500 Appropriation Committee Expense Account #2250 100 Non Contributory Pension Fund 5,800 Fire and Police Medical Account #1125 800 Legal Fees Account #1775 and Account #1800 17,000 $64,300 Mr Hutchinson informed the Board that Mrs Banks had attended the MCAB Middlesex County Advisory Committee meeting on May 25 and cuts totaling $736,697.88 from the $35,000,000 budget were approved, including the 270 Selectmen's Meeting - 6 - June 5, 1978 elimination of the proposed Historical Advisory Board, Tourism and De- velopment Board, major equipment expenditure for the courts because of the pending state takeover, several new positions, some temporary help monies and other double-budgeted items Hancock St Mr Hutchinson recommended that the Board approve payment to the Capone contractor on the Chapter 90 reconstruction of Hancock Street Corp Upon motion duly made and seconded, it was voted to approve pay- ment of $1,289 69 to William P Capone Corporation for expenses in- curred in relation to the Chapter 90 reconstruction of Hancock Street, subject to the condition that the Town of Lexington be reimbursed for said amount if the Capone Corporation is the successful low bidder on the readvertised project Drain Mr Hutchinson recommended that Mr Bullock of 17 Wheeler Road Bullock be authorized to tie into the Town drainage system as he has filed the Wheeler Rd necessary documentation with the Public Works Department The plan proposes to construct a French drain along the property to the exist- ing catch basin in Wheeler Road in order to alleviate the existing drainage problem. It is required that the actual construction of the drain be done by a contractor from the Town's list; also the Engin- eering Department is to be contacted at the start of the construction for inspection purposes and all necessary permits must be obtained in order to work on Town property Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager to authorize Mr John J Bullock, 17 Wheeler Road, to tie into the Town drainage system, subject to the conditions c;a#tlis l above Flood Mr Hutchinson requested approval of the necessary language re- Insurance quirements of the Federal Flood Insurance program. , Program- Upon motion duly made and seconded, it was voted to amend the Town of Lexington, Massachusetts, Regulations of Sewer Use, by adding to Sewer Article II, "Building Sewers and Connections," a section 12, as follows Regulations Section 12 All proposed new and replacement sanitary sewer systems to be located in the Flood Plain District established under the Zon- Water ing By-Law shall be designed to minimize or eliminate infiltration Regulations of flood waters into the systems and discharges from the systems into flood waters Upon motion duly made and seconded, it was voted to amend the Town r, of Lexington,Massachusetts, Department of Public Works Rules and Regula- tions Governing the Use and Sale of Water by adding a Section 9, as follows: 9 ) All proposed new and replacement water supply systems to be located in the Flood Plain District established under the Zoning By-Law shall be designed to minimize or eliminate infiltration of flood waters into the systems 71 6441 Selectmen's Meeting - 7 - June 5, 1978 Mr Hutchinson recommended that the Board request the Trustees of Trustees Public Trusts for an expenditure of $600 00 Pub Trusts Upon motion duly made and seconded, it was voted to request the Tower Park approval of the Trustees of Public Trusts for the expenditure of $600 00 from the Tower Park Fund for planting trees and upgrading the Monument area in Tower Park Upon motion duly made and seconded, it was voted 5-0 to go into Executive Executive Session, with no intention of resuming the open meeting, for Session the purpose of discussing strategy with respect to litigation and a matter of personal reputation After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10 40 P.M 0 A true record, Attest 7)21c Executive Clerk, Selectmen SELECTMEN'S MEETING JUNE 19 1978 111 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, June 19, 1978 at 7 30 P.M. Chairman Battin, Mr Busa, Mrs Miley, Mr Kent and Mr Crain; Mr Hutchin- son, Town Manager; Mr Cohen, Town Counsel; Mr Nancy Banks, Assistant to the Town Manager; Mrs McCurdy, Executive Clerk, were present Bicycle The Recreation Committee and the Bicycle Subcommittee met with the Paths Board to request approval of the final plan on bicycle routes. Chairman Battin read the motion under Article 36 which was approved by the 1978 Annual Town Meeting That the sum of $22,000 be appropriated for the construction of bicycle paths, routes and lanes in such locations as the Recreation Committee may determine provided that such paths shall not be constructed on the property known as Willard Woods and that the pro- posed loop including Willard Woods be eliminated from the plan of the Recreation Committee with the approval of the Selectmen and for taking by eminent domain, purchase or otherwise acquiring any fee, easement or other interest in land necessary therefor, that such amount be raised in the tax levy, and in addition that the Selectmen be authorized to apply for accept, expend and borrow in anticipation of state aid for the project Chairman Battin said that this is not a required hearing; it is a dis- cussion by the Board and then will be opened up for questions from the audience We will not be talking about the cost, material to be used,or the width as they were approved by Town Meeting but we will be talking about the location, particularly the section that will replace Willards Woods, which was deleted by Town Meeting Mrs Uhrig, Chairman of the Recreation Committee, said that the com- mittee had reviewed the bike proposal after Town Meeting and on June le the Recreation Committee accepted the recommendation of the subcommittee and voted unanimously to make two changes, and deleted (1) North Street from Adams Street to Willard Woods, as this would eliminate the Willard Woods loop; (2) Fairfield to Hayes Lane along the Vine Brook, as there were legal problems involved We added Fairfield Drive down Brookwood Road to Saddle Club, along Grant Street on the sidewalk and turning in Hayes Lane These are the only two changes in the plan submitted to Town Meeting for the plan of bicycle routes from the Lexington-Lincoln line near Route 2 to North Street near the Burlington town line We have held hearings in April and June and abutters were notified In response to Mr Busa's question on whether the Grant Strebt residents were notified, Mrs Uhrig responded that, essentially, the section of Grant Street runs by three houses and conservation land, and the people of two houses were asked; one or both were at the hearing and did not want it in back of their houses but Grant Street is already used as a bicy'le way Mr Cohen explained that the change was in response to their objections of having it in the balk because the easement they had given originally said that you couldn't do that dI J Selectmen's Meeting - 2 - June 19, 1978 Dr Steven Friedman, 6 Fairfield Drive, said that the residents of Bicycle Fairfield Drive and Brookfield Road are quite concerned about the direct Paths route going down Grant Street to the Center As a bicycle rider, he did (cont'd) not need direct routes and there are still no provisions for upkeep or maintenance; the bridge over the Vine Brook is in an appalling condition and there would be many beer cans and garbage thrown on conservation land We are concerned about the lack of sensitivity these committees have shown to us on the use of the land in respect to people, environment and safety of children because of trail bikes in the area If Proposition 2 5 goes through, he did not feel that it would be sensible for the bike paths to go through. Chairman Battin responded that she had attended the first bicycle path hearing and was tremendously impressed with the respect they held for both people, property and conservation land In our form of Town government, Town Meeting does decide how the monies are going to be spent; they appropriate the money, and we, as Selectmen, execute Mr Busa said that the Selectmen can eliminate a project approved by Town Meeting Mrs Solomon said that the Conservation Commission has worked with the Bicycle Committee and we were very pleased that the land was going to be used in the proper manner We approve the project Mr Busa moved, and Mr Crain seconded the motion, to table and make a decision next week Chairman Battin, Mrs Miley and Mr Kent voted against and Mr Busa and Mr Crain in favor of the motion Upon motion duly made and seconded, it was voted 3-2 to approve the location of the bicycle paths as set forth on the map presented to the Board of Selectmen The Selectmen have noted that the solid line in Willards Woods represented only the existing bicycle path and no asphalt paving would be conttructed in that area Mrs Uhrig said that the committee will come back to the Board on their suggestion that consideration be given to a bicycle path/sidewalk combination on Wood Street We are also going to consider Massachusetts Avenue and will talk with Arlington to see how they accomplished this on Massachusetts Avenue in Arlington There are a number of people in favor of a length from the Bowman School to the Clarke Jr High and we will take a look at that Mr Kent said that he hoped the Recreation Committee would find some time to consider streets in Lexington which are candidates for the Selectmen permitting bicycles to be ridden up on the sidewalks The Board did not re- ject that concept by any means in deciding not to go forward with the By-Law change Now, it really does behoove us in order to make the maximum extent possible to make the regulations and customs of people to concur for us to think very seriously about designating a number of streets on which it would be expressly permissible to ride bicycles on the sidewalks The Recreation Committee retired from the meeting Mr John Brucchi, 63 Paul Revere Road, met with the Baord to request Brucchi- assistance on selling his home as a farm The Board of Health had in- Bd of Hlth, formed him that any new owner could only make application to keep two horses on the property `)74 Selectmen's Meeting - 3 - June 19, 1978 Mr Hutchinson informed the Board that this is a matter for the Board of Health and would be covered under their rules and regulations Mr Brucchi has been grandfathered by the Board of Health and any new owner would have to comply with the regulations The Board agreed that Chairman Battin and Town Counsel will in- vestigate to see if the Board of Health does have the power to pass the regulations and, if so, the Selectmen are not in a position to override their decision Mr Brucchi agreed and retired from the meeting Building 1 g Mr Hutchinson introduced Mr Peter DiMatteo and the Board welcomed Commissioner him as the new Building Commissioner Sewer Mr McSweeney, Mr Martin, members of the Planning Board, Conserva- Moratorium tion Commission and the Board of Health were present at the discussion on the sewer moratorium Mr Hutchinson said that he and the Selectmen had met with a number of Town agencies to take a lengthy look at the moratorium situation and the problems that are tied to it He read the following draft statement that the Board of Selectmen had instructed him to put together for their consideration "A thorough review of information from appropriate Town agencies con- cerning sanitary sewer problems within the Town of Lexington has resulted in a finding that water inflow into the sanitary sewer system is the primary source of the problem, not new connections to the sanitary sewer system The Lexington Board of Selectmen thus finds that the sewer moratorium is not an effective vehicle for resolving this serious matter Therefore, we remove the moratorium effective June 20, 1978 The Board does charge the administration with the following measures to relieve this serious problem (1) Implementing the Hayes Lane bypass sewer; (2) A publicity campaign advising people that diversion of surface water into the sewer system, including connection of sump pumps to the sewer, are illegal, and providing advice to citizens on how to correct this problem; (3) Conduct of an investigation program to determine locations of violations; (4) Where violators are advised and no corrective action ip taken, prosecution shall take place; (5) Expedite the Inflow Infiltration Study to implement long-range solutions to this problem; (6) Review with our consulting engineers all interim alternates that might be available to resolve this problem; (7) Continue the contingency plan which calf for chlorination if pumping is necessary to ameliorate conditions of overflow The Board believes that the resolution of this problem is critical and appropriate methods must be instituted for correction We continue to believe that the moratorium was an appropriate temporary mechanism while the subject was studied further in order that the contingency plan could be eval- uated and the impact of new connections could be considered Our sense of urgency continues regarding this matter and the Board has charged the admin- istration with continuous reporting on all matters relating to it We ask the citizens of Lexington who may be contributing to the inflow problem because their sump pumps are tied into the sanitary sewer system and/or are pumping into the sewer system water from their cellars, or citizens who have c1.1"r ala Selectmen's Meeting - 4 - June 19, 1978 roof drains tied into the sanitary sewer system to make appropriate arrangements; the Town will respond to requests for information and will cooperate to the maximum extent possible " Mr Zabin said that the Planning Baord is very much against lifting the moratorium. Nothing in the draft is new and, fundamentally, the back-up problem is not due to connections but to inflow/infiltration The overriding obligation is to the citizens and their well being rather than to any new developers For the record, any new development can go forward with temporary septic systems, so there is no unfair burden on the developer He recommended that an exception be made on scattered sites housing We hope the Board holds to its earlier decision to continue the moratorium for another year Chairman Battin responded that the Board did not vote to continue the Sewer moratorium for a year; it was a vote to continue with the understanding Moratorium that more immediate study be made Some questions were raised because some members of the Board felt that they didn't have enough information to con- tinue the moratorium and others didn't feel they had enough information to lift it, and this draft was in response to a lot of very tough questions that were asked Mr Kent said that he agreed with some of Mr Zabin's statements but not others He agreed with what he said about it being our first obligation to relieve conditions in people's houses, which is why the moratorium was put in place in the first instance The difficulty comes after we have had it in effect for a substantial number of months The question we keep asking, and which it is fair to say to our satisfaction hasn't been answered, is to what extent does this moratorium contribute, if not alleviation of, the problem at least to confining it to its present dimensions? As a technical matter, we have been having a great deal of difficulty in getting hard answers to that question, and it may very well be that that simply reflects the difficulty of the question. But we are doing something else with this moratorium - we are very drastically handicapping not simply builders but people who own individual lots of land from making perfectly lawful, useful use of the land which they have and for us to say that they may not do that and hook up to the fewer re- quires for us a rather solid basis for doing it We were willing to do it on a temporary basis to hold the status quo until some technical information is obtained, but to hold this thing for a year and a half to two years without some hard, scientific fact, it is very difficult for me If the moratorium is scientifically necessary to keep those cellars in no worse condition than they are The matter of exemptions can be a delicate one, with some legal overtones as well Mr Crain said that as the perpetrator of the extra time because he was unfamiliar with the subject and as one who spent two hours with DPW and the Director of the Board of Health and listened very carefully when we met with them for their input, he just did not have anything that persuades him that the mora- torium will alleviate or diminish the problem that exists The proper emphasis is on inflow/infiltration For the sake of continuing the moratorium for public relations at the risk of other taxpayers who own land in this Town, our obligation as Selectmen, he believed, is to all taxpayers - those who own property with build- ings on it and those who own property without. He was not given the persuasive in- ' formation that would be required for him to support the continuation of the mora- torium, and he would second what Mr Kent said that if, in fact, he is persuaded, in no way could he rationalize what he believed is illogical and then grant an 5 Selectmen's Meeting - 5 - June 19, 1978 exception to scattered housing; because the sense of urgency that would persuade him is for the people who have the problem in their cellars and that the moratorium is in fact important to their problem Mr Frank Sandy said that the sewer moratorium is a red herring No- body said that the moratorium is alleviating the amount of sewage that is going into people's houses or reducing it; it is preventing it from in- creasing and that is a position that the Town must take It cannot ir- responsibly allow the amount of sewage flowing into people's basements to increase It is the duty of those people who want the moratorium lifted to present engineering evidence that the amount of sewage in the pipes will increase If you can show how much the sewage level will in- crease per house connection, then you can make a decision based on engin- eering information as to whether or not you can safely remove the moratorium Chairman Battin said that her feeling, which is a very hard one to take, is that she is afraid that they would not get the votes necessary to have scattered sites housing if the moratorium continues; she felt that it is a very important commitment that the Town has made The problem of sewage in basements is there whether the moratorium is there or not and that has got to be remedied This has got to be done whether we lift it or keep it and that can be done on a house-to-house basis, and the same problems with pol- luting brooks are there whether there is a moratorium or not, and these things should be addressed separately even if we keep the moratorium or lift it Mr Crain said that, for the record, he just didn't understand what basis Mr Sandy has for making that remark The thing he was impressed with during the time he had spent with DPW and the Board of Health was a very high sense or urgency and a clear .indication of the need totake .care _of inflow-infiltration Unfortunately, Mr Sandy didn't listen to what the Town Manager read Mr Kent said that he didn't see it in such simple terms as Mr Sandy did He asked the Town Manager to give the people some indication of what we have as to the assessment of the engineers as to the contribution of the moratorium in preventing additional sewage from getting into the system. Also, is there a relationship between additional construction? Mr Donald Dargie of Whitman & Howard said that the inflow report will be submitted by early fall; the first is inflow and the second is infiltration. He couldn't answer the question on additional construction; this is an in- ternal problem. The completion of the studies will give you information and the next step is to isolate inflow Phase 2 is to start at the beginning of next year and at the same time the Town itself can be correcting the problems By the end of next year, we plan to have all the inflow that can be removed from the system, assuming that it can be done by Town forces Mr Busa said that in answer to Mr Sandy's question, there are a great many citizens that don't know it is illegal to connect and some who do If we can eliminate one sump pump, you can construct 100 houses for every illegal sump pump The average family of four uses approximately 300 gallons per day; a sump pump pumps approximately 50,400 gallons of water on a 24 hr basis to the sewer system, so if you can eliminate one, you can add another 100 houses to the system and not raise the water any greater than it is now If you 977 •Selectmen's Meeting - 6 - June 19, 1978 eliminate 10 sump pumps, we have 500,000 galison that we can eliminate into the system He believed that some of the citizens who know it is illegal will take out the sump pumps Mrs Sue Solomon, Conservation Commission, said that the commission will meet tomorrow to discuss the moratorium. She expressed her concern that if sump pumps are not allowed to connect into the sanitary system, it could be a disaster if connected to the storm system which runs into brooks Mr Hutchinson assured here that this is generally a pure-water situation Mrs Elaine Dratch suggested that the Board didn't have to do anything as radical as lifting the entire sewer moratorium but could allow those on a case- by-case basis, and scattered sites could be considered equally with an individual private developer If, as Mr Busa says, one sump is eliminated and it is proven that it contributed so many gallons, then other houses can then be put in Mrs Miley said that she was supportive of the moratorium and had spent a greatdeal of time within the last few weeks talking with people who are civil engineers and who feel very strong for conservation, as she does, and very strongly t about scattered site housing, and she had talked to people inside of Lexington and out She had done as exhaustive a job as she could, along with what has been done by our own agencies in helping us to make the decision Although she didn't want r to do it in some senses but after talking to those people, we should lift the mora- torium; therefore, she will vote for it Dr Frick recommended that a decision be put off until there is more factual evidence in on where the extra water comes from, what can be done about it, and how much it is going to cost If you cannot let anyone else connect, obviously you can't let scattered sites Before a decision is made, there should be more public discussion Mr Zabin also suggested that action be deferred and the Board should con- sider whether a more limited approach where you are not going to get major numbers of connections, and to get the information on inflow/infiltration Motion was made and seconded to lift the sewer moratorium as of June 20,1978 The motion was defeated by 3 members voting in the negative and 2 in the affirmative Mrs Battin, Mrs Miley and Mr Kent voted in the negative; Mr Busa and Mr Crain in the affirmative Discussion followed and some members of the Board agreed to defer a decision Motion was made and seconded to defer a decision for approximately 30 days for the purposes of exploring further approaches and solutions to the lifting of the sewer moratorium. The motion was passed with 3 members voting in the affirmative, one in the negative, one abstension Mrs Battin, Mrs Miley and Mr Kent voted in the affirmative; Mr Busa in the negatives; Mr Crain abstained The Board agreed to discuss the sewer moratorium at the meeting of July 17 Mr Nicholson, Mr Eisenberg and Mr Graf of the Street and Sidewalk Street & Design Advisory Committee met with the Board of Selectmen Sidewalk Chairman Battin said that it has been suggested by a former chairman Design Adv of the Street and Sidewalk Design Advisory Committee that perhaps there Committee was no longer a necessity for such a committee and that we might abolish it, as we have some of our other advisory committees We would like to discuss (1) the function of the committee; (2) whether the committee feels, as a whole, that the function should be continued or perhaps modified and Selectmen's Meeting - 7 - June 19, 1978 expanded in some wayto be used, as Mr Kent has suggested, in the choice of gg sidewalks to be constructed in any one year Mr Nicholson, Chairman, said that we feel we perform a useful function The work has been light as we only operate at your request We come to the street hearings but we don't comment until asked Mr Kent said that we have had questions concerning the disirability of the extension of sidewalk along Mass Avenue We have had a recent request that we consider a sidewalk in connection with construction work on Wood Street, including the question of making such sidewalks available for bicycle paths Would you regard it as something of interest for us to really raise those questions and another rather general request that you survey the Town's existing situation as to sidewalks to make recommendations to the Board as to what you think ought to be done? Mr Nicholson replied that there is a policy matter that all future side- walks should be included, and it is in our recommendations that sidewalks always will be included From my own point of view, it is of interest to re- view existing sidewalks Mr Eisenberg said that the original conception of the Advisory Committee was at a time when we felt there was not sufficient information given out in advance on proposed street construction He felt that a significant process of education and cooperation and general handling of the situation has brought the DPW to where now everybody up front knows what the preliminary planning is, has the sketch, gets a survey - and the people who are involved are very well informed by the Department now If that policy in fact continues in our pre- sence at a hearing in which there is complete and full information, we are really superfluous A citizen can ask a question of the Town Engineer and his assistant and it is the same question they would ask us - and we would have to turn around and ask the Town Engineer By having those kinds of pre-hearings, and as you know there have been several of them before that official hearing, we have come a long, long way since you had to go out and hold onto the trees as that was the first anybody had heard of it As the senior member of a "committee to abolish all necessary committees," let's not have an inter- mediary when there is no need for us to intermediate on anything On the other hand, if there is a need to review a sidewalk situation, he could see that as a specific charge to a specific committee and when they are finished with that particular problem they would disappear into the sunset To continue an Advisory Committee at this point, assuming DPW keeps up the same process, seems to be superfluous You can, of course, in a particularly difficult situation enjoin an ad hoc committee of citizens, who have some particular expertise on a particularly sticky problem, to deal with it But to just continue what is in effect a stand- ing committee year after year which is superfluous doesn't make a lot of sense Mr Graf agreed, and Mr Nicholson, with exceptions Upon motion duly made and seconded, it was voted to abolish the Street and Sidewalk Design Advisory Committee Com Vict Mr James Rothwell, Store Supervisor, met with the Board to request approval Friendly's of a Common Victualler license, with hours of operation of 6 00 a m to 1 00 a.m. , for the new Friendly Restaurant located at the Lexington/Waltham town line. .d I Selectmen's Meeting - 8 - June 19, 1978 Chief Corr had recommended a closing time of 12 00 Midnight and the Board agreed to adhere to the policy of a midnight closing of all restuarants Mr Rothwell was advised that it at some point in time the Board reviewed and agreed to an extension of hours for restaurants, he will be so informed Upon motion duly made and seconded, it was voted to grant a Com- mon Victualler license to Friendly Ice Cream Corp , Waltham Street, Lexington, with hours of operation of 6 a.m to 12 00 Midnight, 7 days Chairman Battin requested the Board's approval of an appointment School to ther School Sites Conversion Committee Sites Mrs Miley said that a letter had been received from the Housing Conversion Authority requesting the appointment of one of their members to the Committee School Sites Conversion Committee After speaking with the Chairman of the Authority, she nominated Mr William Spencer of the Housing Authority for appointment to the committee; they have been so cooperative and hous- ing is such a serious, problem in the Town, it would be a logical choice to have a member of the Housing Authority on this committee Upon motion duly made and seconded, it was voted to appoint Mr William Spencer, 32 Hancock Street, a member of the School Sites Con- version Committee for a term of office expiring May 31, 1979 Chairman Battin requested the Board's approval of the jury list Jury List Upon motion duly made and seconded, it was voted to approve the list of 218 jurors to be submitted to the Jury Commissioner for the period of July 1, 1978 to December 31, 1978 The Board approved the appointment of 8 Guides, as recommended by Guides Rev. Handley, Director of Guides Upon motion duly made and seconded, it was voted to appoint the following Official Guides of the Town of Lexington for a term expiring June 1, 1979 Stephen Bertolini, Marianne Brouillard, Frederick H Hagedorn, Richard John, James Lyons, Peter Ostrow, Charles Soparker, and Richard Sutton Chairman Battin read a report from the Traffic Safety Committee Waltham stating that it had reevaluated the question raised by Town Counsel St.Parking regarding the process of implementation of the extension of hours Meters on parking meters on a section of Waltham Street from 6 00 P M to 9 00 P.M for a trial period of six months, and the procedure will be (1) Notice in the Minute-man for two weeks regarding change of hours; (2) Police monitoring and public education program implemented by Captain Lima of Traffic Division; (3) Signs posted intermittently on meter stanchions indicating metered parking from 9 00 A M. to 6 00 P M Upon motion duly made and seconded, it was voted to approve the extension or hours on parking meters on a section of Waltham Street from 6 00 P.M to 9 00 P M. for a trial period of six months, subject to the implementation process recommended by the Traffic Safety Com- mittee The Town Manager is to report back to the Board one month after the new hours have been in effect Asa Selectmen's Meeting - 9 - June 19, 1978 Traffic Chairman Battin read a report from the Traffic Safety Committee Lincoln St that a potential safety problem exists on Lincoln Street near Birch Hill Lane due to vehicles parked by gardeners As the street is narrow and has a curve, it is recommended that Lincoln Street be posted for No Parking on both sides in the area Upon motion duly made and seconded,it was voted to approve the recommendation of the Traffic Safety Committee to amend the Traffic Rules and Orders by adding to Article V, Section 2, Schedule #1, the following LOCATION SIDE FROM TO TYPE PARKING Lincoln Street Both Birch Hill Lane 300' Easterly No Parking Benches- Chairman Battin read a recommendation from the Transportation Mass Ave Advisory Committee to approve the installation of benches at the MBTA Stop META bus stop on Massachusetts Avenue Transportation Management Corporation, which leases the building at the bus stop, has agreed to pay for the benches If approved by the Historic Districts Com- mission, the committee requested appropriate action by the Board Mr Hutchinson said that one of his people could work with the committee on this Mrs Miley asked if this particular company does not continue in that particular location and they have paid for the benches, what happens? Mr Buse explained that Transportation Management has the Boston School contract and this has no effect on the Lexington location Re- gardless of whether we give permission or not, they are privately owned benches on private property, and they are not on the sidewalk Upon motion duly made and seconded, it was voted to approve the recommendation of the Transportation Advisory Committee for the in- stallation of benches to be paid for by the Transportation Management Corporation at its leased property located at 1668 Mass Avenue adja- cent to the MBTA bus stop, subject to approval of the Historic Districts Commission The Transportation Advisory Committee is to contact the Town Manager to work out the details The Board voted to approve the following requests Cary Hall 1 Sacred Harp Sing to use Cary Hall for group singing on Friday September 29, 1978, from 7 00 P M. to 11 00 P M. in addition to previous approval for September 28, subject to payment of the fee for the hall and custodian 2 Block party on Sunday, July 9, from 4 00 P M to 8 00 P M. at Dane/Foster/Sherburne Roads 3 Block party on Thursday, June 22, from 6 30 P M. to 9 30 P M. at Bloomfield/Eustis/Highland Avenue 4 Square Dance on Sunday, July 2, 7 00 P M. to 11 30 P.M at Field/Barberry Roads No alcoholic beverages to be consumed on the highways. 5 Block party on Saturday, June 24, 3 00 P.M to 5 30 P M at Goffe/Dudley/Worthen Rd East 6 Car Wash on Saturday, July 1, daylight hours, Depot Square, Greek Orthodox Church Youth Group (rain date July 2) , subject to permission being granted by Depositors Trust 981 Selectmen's Meeting - 10 - June 19, 1978 Chairman Battin requested the Board's approval of the State Sunday Lions licences for the equipment to be used at the Lions Club Carnival on Club July 2 Carnival Upon motion duly made and seconded, it was voted to authorize Permits Chairman Battin to sign the Sunday licenses, which are to be ap- proved by the State Department of Public Safety, for the equipment used at the Lions Club Carnival on July 2, 1978 Upon motion duly made and seconded, it was voted to approve the Minutes minutes of Selectmen's meetings held on February 13, February 21, February 27 and May 2, 1978 Upon motion duly made and seconded, it was voted to deny the request Cary from Manpower of Waltham to use Cary Hall to recruit for employment on Hall June 27, 1978 as this request does not fall within the terms of the will regarding the use of the Hall The Board agreed to vote the summer schedule of meetings Selectmen's Upon motion duly made and seconded, it was voted to meet on the Summer following dates during the summer months June 23 from 11 00 a.m to Meeting 3 00 p m to discuss goal setting procedure and policies, at a site to Schedule be designated; June 26 at 7 30 p.m at Bedford with the Bedford Board of Selectmen; regular meetings at 7 30 p m in the Selectmen's Meeting Room on July 3, July 17, July 31, August 14, August 28 and September 11 Mrs Miley discussed the Hancock School and infonted the Board that Hancock Mr Noyes, developer, asks if the Board would agree to the cleaning of School the sandstone and the bricks on the outside of the Hancock School, which would result in an increase of $300 in the sale price of each condominium unit The Historical Commission had recommended that the sandstone be blasted but the developers' architect felt that it would be very damaging to a historical building, so they washed a section and it came out well This would put them above the 10 percent of the original cost (they had agreed to go only 10 percent above) and would like the Board's opinion Mr Cohen stated that whatever they are proposing to do will add $200 and that brings them over the limit they agreed to and was put into effect under our agreement of a penalty that they would pay the Town if they charged so much more Mrs Miley recommended against it and suggested that if the Condominium Association at some later date decided that they wanted to wash the outside, so be it The Board agreed with Mrs Miley, who is to inform Mr Noyes Mr Hutchinson recommended that Board's approval of the award of the Recycling recycling contract to Miller Disposal The bid was for $4,000 a month Contract and had been reviewed with the Appropriation Committee as $45,000 had been 1 4.4 SZ Selectmen's Meeting - 11 - June 19, 1978 budgeted It will be necessary to come back later on for a transfer and the Appropriation Committee had indicated that it would like to see a report when it is reviewed by the Board Mr Busa asked for a status report on recycling costs Senior Mr Hutchinson said that we have taken in $12,000 so far and we have Center had tonnage increase since Town Meeting We will pick up more before the end of the year Upon motion duly made and seconded, it was voted to approve the recom- mendation that the Town Manager award the recycling contract to Miller Dis- posal, Inc , Bedford, in the amount of $4,000 a month for an 11-month period; authorization contained in Article 28 of the 1978 Annual Town Meeting Mr Hutchinson advised the Board that negotiations are continuing on the Senior Center site and we are hopeful that we will have an agreement in the near future We are dealing primarily with the Church of Our Redeemer and have the endorsement of the Council on Aging and the Senior Center Site Committee Appts Chairman Battinsaid that we have agreed to expand the Senior Center Sr Center Site Committee and we have had four names suggested for appointment Site Upon motion duly made and seconded, it was voted to appoint the fol- Committee lowing as additional members of the Senior Center Site Committee Johanna Mollo-Christensen, 10 Barberry Road; Mark Moore, Jr , 18 Lois Lane; William J Sen, 24 Baskin Road; Marilyn Waehler, 6 Ledgelawn Avenue; Edward D McCarthy, 682 Marrett Road Mr Hutchinson informed the Board that he will be meeting with the Solid Waste Committee on Wednesday evening to review alternate proposals that might be considered for a final solution to our solid waste problems We are in the draft stage and expect to come back to the Board in the near future The Housing Authority was present for a meeting with the Board in Exexutive Session Golini- Mr Benjamin Golini, 35 Balfour Street, was recognized and asked if Tax the meeting with the Housing Authority was relative to the article in the Title Minute-man on scattered sites He was interested in the lot next door to Lot him and wondered whether there would be an opportunity for citizen input before any action is taken by the Housing Authority Chairman Battin said that it was her understanding that there are 26 sites which have been submitted to HUD and the Housing Authority is await- ing HUD's approval; they will then come back to the Board and we will be requested to actually transfer the sites We have kept a record of every- body who is interested in any of the sites which have been proposed and we have informed them that, after HUD's approval, when the Housing Authority meets with us to request the transfer of the lots, we will notify them when that meeting is to occur We have to wait and see what HUD says 283 Selectmen's Meeting - 12 - June 19, 1978 Mr Golini said that he had not received any notification whatsoever regarding the site next door to him and he would like the Board to under- stand and be aware of that for the past 18 years he had appealed to the Town for that lot; the previous Planning Board, Mr Zaleski, indicated that the lot was not suitable for building and was a non-conforming site He had appealed to the Planning Board and the Selectmen for that site as a construction lot It was denied beacuse of the size; he had appealed to both again to share that lot with his next door neighbor so that we may keep it in its present environment, and that was denied We have been in- structed not to concern ourselves regarding that lot since it is a non- conforming lot and an unbuildable lot, and now we find that it is a lot sited for housing In our initial offer to purchase, we indicated that we would like to keep this lot in its present environment and yet the various boards within the community have denied us this lot; in view of the situation as it is now arising, it seems to me that we have been de- nied our due process Mrs Miley said that she knew that Mr Golini had built an addition to his house, and she asked if it was his plan to use that lot if he bought it by extending out a little more? Mr Golini replied that they might have changed their plans Mr Buse said that the record will show that we have sent him a letter informing him of the moratorium on selling lots to individual people and this would not take place until the Housing Authority had notified us that they were not interested in that particular lot It would be of interest to us if you had something to prove that some Planning Board member or someone before us said that it wasn't a lot to build on He had been on the Board of Selectmen for 8 years and it would have to have been made before that time Mr Golini said that it was duly recorded in the Minute-man news- paper at the time, and he was sure that the Planning Board would have minutes on those meetings Mr Crain was concerned about the time line as to when HUD would be heard from and what, if any, action after that time would take place If there is a real press for time, then Mr Golini deserves to know Mr Scanlon said that they hope to hear from HUD by July 1, and at that time, they will advertise for a developer's package and bids go out At the time of the bid opening, the Authority will select #1 and #2 altern- ates; they will then be submitted to HUD for approval Under the proposal they will present to us will show the siting of a unit of either 2, 3, 4 bedrooms on each site and we will specifically identify the 25 sites which that particular developer has selected When HUD approves our 1, 2, 3 selections, at that time we would then notify the Board of Selectmen Not until the developer has done in with a proposal for the 25 lots would we come to the Board of Selectmen to request the transfer of the lots Mr Kent asked if it would upset the arrangement with HUD if the Board said that it didn't want to turn over any particular lot? Mrs Shunney replied that it would not We would go to HUD and say that these are all the lots we .have If HUD doensh't approve a lot, there is nothing we can do and it is a dead issue If we get X number of lots approved and at that time we come before the Board of sV`t Selectmen's Meeting - 13 - June 19, 1978 Selectmen for the transfer it would seem that the process of things at that time would be for the Board of Selectmen to advertise and notify abutters that the lots have been approved and the Housing Authority had permission from HUD, and then you would have to decide to turn the lot over to us or not Chairman Battin said that this is what we plan to do Mr Cohen suggested that Mr Golini be asked to provide the whole history of the lot as he will have some idea of when it was in the last 18 years Mrs Golini said that she would be glad to go through the records here of the last 18 years plus the material she had at home It was agreed that the Golinis would research the matter Executive Upon motion duly made and seconded, it was voted 5-0 to go into Executive Session for the purpose of discussing strategy with respect to litigation and the personal reputation of individuals who are aware of it, with no intention of resuming the open meeting Upon motion duly made and seconded, it was voted to adjourn at 12 15 P M A true record, Attest fine atitr Executive Clerk, Selectmen 111 I 985 SELECTMEN'S MEETING July 3, 1978 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, July 3, 1978 at 7 30 P M Chairman Battin, Mr Buse, Mrs. Miley, Mr Crain; Mrs Banks, Assistant to the Town Manager; Mr Cohen, Town Counsel; Miss Casey, Prin- cipal Clerk were present. At the request of the Town Clerk, the following jurors were drawn Jurors Marilyn Jones 4 Leroy Road Robert J Ploof 70 Blossomcrest Road Norman R. Maclnnis 37 Normandy Road Chairman Battin read requests for Estabrook and Cary Halls Upon motion duly made and seconded, it was voted to grant permis-, Cary Hall sion to the Recreation Department for the use of Cary Hall Mondays and Thursdays from 9 - 12 noon, July 10 - August 17 Area kitchen hallway for Arts & Crafts classes Friday, July 21 and August 11 from 1 30 - 4 30, p m. Area front foyer for Senior Citizen activity Monday, July 31 from 1 - 4 00 p.m Area Cary Hall for Senior Citizen "Night at the Races." Upon motion duly made and seconded, it was voted to grant permission to the institute of Electrical and Electronic Engineers, Boston Section, for the use of Cary Hall on Thursday, September 7, 1978 from 7 00 p.m to 11 00 p.m to conduct an organizational "Presidential Candidates Night" Permission is granted subject to payment of $35 00 hall rental fee and the custodian's fee. Upon motion duly made and seconded, it was voted to grant permis- Estabrook sion to the Lexington Field and Garden Club for the use of Estabrook Hall Hall on October 18, November 15, 1978 and February 14, March 21, April 18, 1979 to donduct a meeting and/or lecture on horticulture education and flower arranging from 9 30 a.m to 12 30 p.m. No fee is to be charged Chairman Battin read in part the warrant to the Animal Control Unlicensed Officer regarding 1,040 unlicensed dogs in the town and recommended that Dogs it be signed. Upon motion duly made and seconded, it was voted to sign the Warrant to the Animal Control Officer to investigate the list of 1,040 unlicensed dogs in Lexington The Board discussed a letter received from Mr Sam Nablo, regarding 1977 Town the Town Report He anticipated calling a meeting of the committee mem- Report bers within a few weeks to elect officers and get organized for next Mr Nablo year's report He requested constructive comments the Board might have received about the more austere format of the 1977 report Mr Crain and Mrs Miley stated that they had heard very complimentary reports about the enthusiasm of the committee and the report ‘)86 Selectmen's Meeting - 2 - July 3, 1978 Common Upon motion duly made and seconded, it was voted to sign the Victualler Common Victuraller License for Louis J Carbonaro d/b/as Brigham's new License franchise owner, 38 Bedford Street Sewer Upon motion duly made and seconded, it as voted to sign the Fern St Order of Taking for sewer easement on Fern Street. Nancy Banks, Assistant to the Town Manager requested that the Board sign Common Carrier license for six months for the Metropolitan Coach to provide express bus service between Lexington and Boston She reported to the Board that the previous license expired at the end of June and Mr Goodman, of Metropolitan Coach, desired to continue the service through the summer months Ridership is approximately 70-75 passengers daily with the hope of increasing the number to 120 She informed the Board that the bus stop has been moved from the recreation area to the parking area of Grace Chapel, who have donated the space She reported that it is the intent to insert flyers advertising the service into the tax bills to alert the citizens of the service The printing costs are to be paid for by Metropolitan Coach. Mr Busa felt that this was being discriminatory as the privilege was not extended to all businesses in town and he felt that the town mail should not be used for this purpose After discussion, it was agreed by the Board to defer action on approval of advertising the bus service in the tax bills, but the Board did vote to extend the license for six months Upon motion duly made and seconded, it was voted to issue a six- months' license to Metropolitan Coach to provide express bus service between Lexington and Boston Water bill The Chairman read a request from the Department of Public Works/ Abatements Engineering to sign abatement sheets Upon motion duly made and seconded, it was voted to abate the following water charges Occupant Acct. #A-14-40 40 Albermarle Ave $13 50 incorrect billing Occupant Acct #A-31B-45 45 Sanderson Rd $22 50 billed against incorrect add. Guide The Chairman read the application of Robert Pitha to become an official guide Rev Handley, Director of Guides recommended the appoint- ment and the new candidate had successfully passed the examination given by Rev Handley Upon motion duly made and seconded, it was voted to sign the license for Robert Pitha, 23 Longfellow Road to be an Official Lexington Guide J 287 Selectmen's Meeting - 3 - July 3, 1978 The Chairman informed the Board of an application from the Vine- Vinebrook brook Corporation for a hearing for a change of location to a tempor- Corp ary location at 1666 Massachusetts Avenue and a permanent location at New Location 55 Bedford Street to a one floor building containing 1,650 square feet to be constructed During discussion of the request it was brought out that the Massachusetts Avenue address was part of the Colonial Garage, now owned by Rowe Chevrolet Written permission from the owners will be obtained and presented to the Board together with a complete set of plans for the new location on Bedford Street Upon motion duly made and seconded, it was voted 3-0 to set a hearing date of July 31, 1978 for a transfer of location for Vinebrook Corporation to a temporary location at 1666 Massachusetts Avenue and to a permanent location to be constructed at 55 Bedford Street Mr Busa abstained Mrs Banks, Assistant to the Town Manager, informed the Board EDCO lease that a letter had been received from Dr. Lawson, Superindendent of Parker Schools, enclosing a copy of a letter from John H Green, Executive School Director of Education Collaborative for Greater Boston, expressing interest in the possibility of leasing Parker school for EdCo pro- grams for the handicapped. An agreement was worked out to lease about 5500 square feet of space at $3 00 per square foot to EDCO to occupy the building until December 31, 1978 During discussion it was brought out that because of the vandal- ism potential it was felt that it would be a good thing to have it occupied Mrs Banks said that the Town would continue to maintain the outside and EDCO would take care of everything else Upon motion duly made and seconded, it was voted to approve the leasing of part of the Parker School to Education Collaborative for Greater Boston until December 31, 1978 Mr Hutchinson and Mrs Banks had met with representatives of Council on the Church of Our Redeemer to discuss moving the Council on Aging into Aging these quarters There would be satisfactory office and conference move to space on the top floor and access to larger rooms for expanded pro- Church of gramming Mrs. Banks stated that the rent would be $300 00 per month Our and they would like to request from the Trustees of Public Trusts Redeemer $3300 00 from the Bridge Charitable Fund for the purpose of renting the space from August 1, 1978 to June 30, 1979 Upon motion duly made and seconded, it was voted that the Chair- man on behalf of the Board would request the Trustees of Public Trusts for $3300.00 from the Bridge Charitable Fund for the purpose of renting space in the Church of Our Redeemer for the Council on Aging from August 1, 1978 to June 30, 1979 I1 988 Selectmen's Meeting - 4 - July 3, 1978 Recreation Mrs Banks informed the Board that Cliff Prentiss would explain Department the proposal of the Recreation Department for the upgrading of the Upgrading fields in the Center Playground complex Park Drive Mr Prentiss informed the Board that it had been decided to spend most of the time and money on the Center Field complex which, he stated, was in dire need He brought out that the original request of $36,000 was cut back to $10,000 by Town Meeting. He informed the Board that it is planned to take out all asphalt, poles and old guard rails from Park Drive which would enable them to extend the right field of Field #1 about 300 feet He stated that Capt Lima of the Police Department has been interested in closing this area off as it is a hide- out at night and that Ralph Lord had expressed interest in it because it can be used for field events The major project is to redo the soccer field which is inside the track and was planned to take place as soon as the Lions Club carnival was gone and the work force became -available. He stated that the Lions Club had expressed concern that they would not be able to use the area next year as they have done in the past Mr. Prentiss stated that if a good growth of grass is not accomplished by fall that it would be detrimental fot the Lions Club to use it next year At the present time $9200 has been spent for materials and that they hope that the Lions Club would donate some money for sodding for the project Mr Crain stated that he felt that if the project were done in two stages, the reseeding done on the soccer field and Park Drive not disturbed at this time, it might allow for the heavy equipment the Lions Club brings in to be used on Park Drive and not be on the re- seeded field. He felt that the possibility of doing Park Drive and lengthening the baseball field simultaneously and reseeding the soccer field increased the jeopardy for the carnival next year Mr Prentiss stated that the reason for doing it in this manner was that Park Drive would not be a prime playing area but just for low key activity He said that the prime activity takes place on the track and soccer fields Mr Crain stated that several Lions Club members had spoken to him about the project when they had heard about it and they were apprehensive ' about the capability of using it next year. He stated that he felt that this is a service organization that works very hard in the town and has extended a number of gratutious advantages He requested that a good deal of communication between the Recreation Department and the Lions Club go on so that the Club isn't surprised by the time schedule of the work Mr Busa expressed concern that no one had earmarked specific areas where the money was going to be spent at any budget meeting He felt that it meant that Lincoln Street, Estabrook School and Harrington School, playgrounds that may have problems will not get any attention this year and that it would mean any expectations for upgrading in those area would not be met 289 Selectmen's Meeting - 5 - July 3, 1978 Mrs Miley felt that the Town Meeting, as it was composed last year, would have let them know if they felt it was a problem not to leave it up to the discretion of the Recreation Committee as to where the money was to be spent Mr Busa questioned who has the jurisdiction of spending the money the Recreation Committee, the Town Manager or the Board of Selectmen He stated he felt that the Recreation Committee did not have the juris- diction to allocate where the money would be spent Mrs Battin stated that technically, the Recreation Committee is under the jurisdiction of the Town Manager and that it should be left up to his recommendations where the money would be spent She felt that the matter should be deferred until the Town Manager returned, with the understanding that the problems of the Lions Coub carnival be considered The Board met with Mr William Sawyer, former selectmen from Acton Mr William and Chairman of the Area Wide Planning Advisory Committee of the Metro- Sawyer politan Area Planning Council in connection with the 208 study He ex- 208 Water plained that it was a three-year water quality project costing $30,000/,000 Quality which is now coming to a close The MAPC is doing the study as a con- Study tracting agent for the Federal Government producing a report that will be essentially used by the Federal Government in its disposition of Federal funds in connection with towns within the area This study is being done Nationwide The staff is collecting data of all the towns within the 102 cities and towns that are involved in the study The particular ef- fect at this time is that they do have a controlling effect on the degree to which the Federal Government will respond to the requests of the towns for funding Mr Sawyer cautioned the Seiettmen to be alert for erroneous information which could affect decisions He informed the Board that the MAPC is concerned about what they think should happen in Lexington, and if they don't hear from them, and are not involved in formulating the program reports, decisions will be formulated anyway and they will govern how the Federal Government reacts to town government overtures The report is a 1200 page draft report which should be arriving about July 19 and the town will have• 45 days to respond to it He pre- sented a seven part summary for Lexington which will be distributed to the various town boards and committees directly involved The Chairman requested Mrs Banks to distribute copies of the sum- mary to the staff to read it first and correct any misinformation The staff is to take relevant sections to their own boards to attend to and make decisions after which there should be a joint meeting of boards con- cerned for final recommendations The Chairman thanked Mr Sawyer for coming before the Board and for the valuable summary that was drawn up for Lexington Mr Sawyer retired from the meeting I 2 90 Selectmen's Meeting - 6 - July 3, 1978 Appointments Mrs Banks informed the Board that she and Chief Bergeron had Firefighters reviewed the pool of candidates for the firefighter positions open and had interviewed the top ten candidates It was recommended that Arthur Raithel, Jr. and Peter W Torode be appointed She stated that appointment is provisional on their successful completion of their course at the firefighters academy it is hoped that they can begin in October and should be completed by December Both will be working on the ambulance during the summer There were no Lexington residents in the final pool of candidates. Northeastern A letter from Mr Wayne E Wright, Marketing Engineer of Univer- Mass Resource sal Oil Products, was received relative to the Northeastern Massachu- Recovery setts Resource Recovery Project inviting representatives of the Town of Project Lexington to meet with the other community officials to discuss the project and answer any questions that may arise Mrs Banks stated that the Town Manager will be meeting with the Solid Waste Committee on July 11 at which time the matter will be discussed and that he will be meeting with Mr Wright Street In response to Angela and Frederick Frick's letter of June 16 Acceptance regarding the condition of Tavern Lane, the Engineering Department has Petitions prepared a cost estimated of upgrading the street and will forward a Tavern Lane street acceptance petition to the Fricks shortly A street acceptance Garfield petition is also being forwarded to the residents of Garfield Street MBTA Mrs Banks informed the Board that Peter Chalpin of the Engin- Standardized eering Department will be working with the MBTA relative to its Bus Signs standardized bus stops sign program as explained in Mr Robert T Kiley's letter of June 22 to Mrs Battin Scattered Site As a result of a petition from the residents of the Valley- Informational field/Grassland Street section concerning the scattered site program, Meeting the Town Manager will schedule an informational meeting to discuss what the scattered site program is and talk generally regarding it Residents from other areas being considered for scattered sites will be invited to attend the meeting. Grapevine Ave The Grapevine Avenue sewage problem is still being investigated Sewage will be reported on at a later date Marguerite Mrs Battin reported that she had received in the mail today a Barnard report from Mr Martin of the Engineering Department relative to the Sewer Connection anticipated sewer connection to the home of Marguerite Barnard, #3 Allen Street which she had written about to the Chairman Mrs Battin said that she will discuss Mr Martin's report with the Manager and it will be taken up at the next Selectmen's meeting 291 Selectmen's Meeting - 7 - July 3, 1978 Mrs Banks reported to the Board in the realm of human services, Human Services other towns in the area have established an Area Strategy where six of Area Strategy the human services departments have been reorganized and their areas Committee have been made contiguous Lexington is part of the Mystic Valley Area which consists of six other communities and each area has a board which does policy making and planning and sends recommendations to the State so that they can determine where the money should go and what should be spent The Mass League has felt strongly that it is necessary to get some municipal input on those boards as presently there is only a rep- resentative from each of the State agencies At the request of Arthur Johnson of Arlington, a group met about a month ago to discuss what role the various towns could have She stated that they felt at that meeting that the State has the money for human services and if delivery consis- tant with local goals is achieved more impact on the State will be needed. Mrs. Banks stated that they feel that they are not a stage where they can become a formal committee and they would like to continue to meet informally to get a better understanding of what the Area Strategy is and what type of role they should have They also felt that they would like to sit in on several of the Area Strategy meetings to get a feel as to what kinds of activities they are engaged in and possibly in the fall they will have a better understanding of the various strategies and come hack to the various Boards of Selectmen and request that a designee be named to the committee They will be looking as to what types of in- formation they should be requesting from agencies we subsidize, such as Mystic Valley Mental Health and possibly youth organizations and how re- sources can be shared. She stated that this group is on a fact finding mission and if they decide that there is something to be gained by a more formalized structure they will be back Mrs Battin informed the Board that the Local Government Advisory Committee is very concerned about human service planning having taken place at the top and State money being spent with State goals in mind and no relationship to necessary local goals She stated they have urged having some input at the local level and the Governor and Jerry Stevens, realizing that there ought to be planning on the area level have set up this Area Strategy and they have included everybody except municipal officials, who know perhaps a little better than the State area repre- sentatives what the people want and need at the local level and where the money can be spent most appropriately She thought that probably there would be one representative from the six towns She asked Mr Crain, and he agreed, to be a back-up for Mrs Banks on the committee in order to insure input from elected officials Upon motion duly made and seconded, it was voted 4-0 by roll call Executive vote to go into Executive Session, with no intention of resuming the Session open session, to discuss two items that involve reputations, and both people know they are being discussed After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 9 05 P M A true record, Attest k (at- AA °CUT Principal Clerk, Selectmen 292 SELECTMEN'S MEETING JULY 17, 1978 Jurors A regular meeting of the Baord of Selectmen was held in the Selectmen's Meeting Room on Monday, July 17, 1978, at 7 30 P M. Chairman Battin, Mr. Busa, Mrs Miley and Mr Crain; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assistant to the Town Manager; Mrs McCurdy, Executive Clerk, were present At the request of the Town Clerk, the following jurors were drawn Nicholas A. Sorrentino, 15 Crescent _Hill Avenue; Roberta J Servente, 128 Lowell Street; Pauline Solomos, 48 Circle Road; Nora E Cataldo, 43 Rindge Avenue; Kathleen Jung, 70 Emerson Gardens; Jeanette M Abbruzzi, 526 Marrett Road; Judith K. Sherman, 62 Buckman Dirve; Robert Gennaro, 108 Winter Street. Conduit Chairman Battin opened a hearing on the Boston Edison petition to Bos Edsn install 5 feet of conduit on Worthen Road southwesterly of Bedford St Worthen Rd. Notices of the hearing were sent to the abutters and filed with the Public Works Department Ms Carol Clinton, representative of the Boston Edison Company, requested approval of the petition which would provide service for the addition to Grace Chapel Chairman Battin read a recommendation from the Driector of Public Works that permission be granted. No one appearing in favor or in opposition, the hearing was de- clared closed. Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison Company for the installation of conduit at the fol- lowing location Worthen Road, northwesterly approximately 1,680 feet southwest of Bedford Street, a distance of about 5 feet of conduit Poles Chairman Battin opened a hearing on the Boston Edision petition to Bos Edsn install three poles on Hayden Avenue west of Waltham Street, with a guy Hayden Ave wire and anchor on the third pole Notices of the hearing were sent to the abutters and filed with the Public Works Department Ms Carol Clinton, representative of the Boston Edison Company, requested approval of the location of the three poles to provide service for the Hayden Office Trust An additional petition has been submitted for the installation of a fourth pole in this area and ar- rangements are being made for a hearing to be held at the next meeting of the Selectmen Chairman Battin read a recommendation from the Diaector of Public Works that permission be granted for the three poles No one appearing in favor or in opposition, the hearing was declared closed Upon motion duly made and seconded, it was voted to grant permission to the Boston Edision Company for the installation of three poles in the ' following location LAYS Selectmen's Meeting - 2 - July 17, 1978 Hayden Avenue, northerly side, approximately 625 feet west of Waltham Street, three (3) poles - guy wire and anchor on third pole; Also, that permission be and hereby is granted to said company to lay and maintain underground laterals, cables and wires in the above or inter- secting public ways for the purpose of making connections with such poles and buildings as desired for distributing purposes The Transportation Advisory Committee met with the Board to discuss Trans.Adv the MBTA intra-town bus proposal Mrs Joyce Hals, Chairman, introduced Com /MBTA Mrs Sally Castleman to present the information compiled by the committee Intra-town Mrs Castleman recommended that the Selectmen submit a letter of sup- Buses port for the proposal that the committee has been working on since the last meeting with the Board, and which must be submitted to the MBTA by August 30, 1978 The bus system would provide reasonably priced, con- venient transportation service for all Lexington residents, especially the young and elderly; more students could participate in after school activ- ities without imposing on their parents, and the elderly could get around Town without feeling dependent on family or friends There would be four buses with fixed routes, eight would meet in the Center on the half hour and the hour; service would be during the hours of 7 30 A.M. to 6 00 P.M during the week, with shorter hours on Saturday An application is to be made for a grant, and the total gross cost is estimated at $140,000 with $40,000 to be collected in fares and the MBTA would subsidize the rest at a rate of 50 percent The Town would be asked for an appropriation of $50,000 which would be matched by the MBTA If the MBTA accepts the pro- posal, then Town Meeting would be asked for approval of the $50,000 appro- priation The current MBTA assessment to the Town is unrelated. to this proposal If Lexington is selected, the money could be used to have a private bus system within the Town Chairman Battin asked if the Town would have to guarantee to put up the $50,000 if Lexington's proposal were to be accepted A member of the com- mittee replied that the MBTA understands (the procedure needs to have Town Meeting approval) as there are a number of Towns submitting proposals Questions were raised on the costs to the Town if Town departments are in- volved and, also, on the experiences of other committees The Board was informed that a half-time person would be hired to supervise the operation and it was proposed to "contract out" to provide buses and drivers An MBTA report on Needham, Natick and Bedford's experiences could be made available to the Selectmen The Board agreed that the Transportation Advisory Committee is to come back on August 14 with a draft of a letter to the MBTA to be signed by the Board of Selectmen in support of the intra-town bus proposal In the interim, Mr Crain was designated as the Board's representative to work with the Com- mittee Mr Benjamin Goodman, President of Metropolitan Coach, met with the Express Board for an updated report on the express bus service He said that Bus they are thinking about putting on one more run in the evening The oper- ation hours have been excellent and the ridership should increase, espec- ially if there is more publicity He recommended that the Board issue a new license to the Vocell Bus Company, one of the subsidiaries of the Metropolitan Coach 294 Selectmen's Meeting - 3 - July 17, 1978 Express BusUpon motion dulymade and seconded, it was voted to sign the Common P Publicity Carrier license to the Vocell Bus Company, Mooney Street, Cambridge for services to be provided as part of express bus service between Lexington and Boston between the hours of 6 00 A.M. to 9 00 A.M and 4 00 P.M to 6 00 P.M along routes mutually agreed to with the Town Manager's Office; license expiring December 31, 1978 Lease Parking- Discussion was held on publicizing the express bus service and it was Behind voted to include publicity on the schedule of express bus service in the Woolworth's next mailing of tax bills to homeowners of the Town Mr Goodman and the Transportation Advisory Committee retired from the meeting The Board agreed to accept Mr. Cohen's recommendation to sign a lease for parking land Upon motion duly made and seconded, it was voted to sign the lease with Real Estate Investment Trust of America for the parking area behind Woolworth's at $1.00 per year for the next five years Traffic Chairman Battin read a report from the Traffic Safety Committee Harrington stating that in response to concerns of the Harrington P T.A. Committee School regarding the safety of school children at Harrington School crossings, Crossings the matter was referred to the State Highway Engineer for review of the existing 40 MPH speed limit on Maple and Lowell Streets A letter has been received from Mr. Mistretta, District Highway Engineer, in- dicating that the existing 40 MPH speed limits are warranted and con- cluded that no change be made; the Traffic Safety Committee concurs with this finding and wished to reassure the Board and the Harrington P T.A that the presence of a crossing guard at those school locations is the ultimate in protection Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Committee that no change be made in the 40 MPH speed limits on Maple Street and Lowell Street in the vicinity of the Harrington School Upon motion duly made and seconded, it was voted to approve the following Bond Bond in the amount of $2,000 for Barbara S Smith, Assistant Town Clerk. Recreation Family picnic at Center Field on Sunday July 23, from 4 00 to 8 00 Picnic P M with folk dancing Ambulance Abatement of ambulance bill in the amount of $15 00 for David Rich Bill Pelham Road, who is receiving Veterans' Benefits Com. Vict Common Victualler license for Antonio Mendes Gaspar d b a Christo's Minutes Selectmen's Meeting minutes of July 3, 1978 29Z) Selectmen's Meeting - 4 - July 17, 1978 Mr Hutchinson discussed the renewal of the Lodging House license for Wild Acre the Wild Acre Inn and recommended that the license be extended for forty- Lodging five days with the full understanding that if the conditions outlined by House the Public Works Department and the Board of Health are not complied with, the permit would be revoked. The Town has waited too long for Dr Yudowitz to resolve the sewer problem and, therefore, it is essential that he com- ply with all requirements during the forty-five day period. Upon motion duly made and seconded, it was voted to renew the Lodging House license for the Wild Acre Inn, 50 Percy Road, for a forty-five day period ending September 1, 1978, subject to compliance with the require- ments of the Public Works Department and the Board of Health Mr Busa discussed the hearing held on July 13 on the written complaint Vlajinac/ of Mrs Radmila Vlajinac, 33 Sherburne Road, that a Doberman-type dog, Bateman Tripper, owned by Ms. Pamela Bateman, 197 Waltham Street, Lexington is a Dog nuisance by reason of vicious disposition Mrs. Bateman did not appear at the hearing Ms Vlajinac testified that the dog comes into her yaad at all hours, sometimes with other dogs and this results in dog fights On May 31, the dog was in her yard, jumped on her and knocked her down, and showed viciousness The police have been called and, after talking with the owner, reported to her that Ms Bateman was uncooperative about adhering to the leash law Mr Littleton, Animal Control Officer, testified that the dog was unfriendly and anyone who tried to remove the dog or capture him had to contend with his growling and snapping He felt that the dog was dangerous Mr Busa recommended that the dog be removed from the Town within fifteen days. Upon motion duly made and seconded, it was voted that the dog, Tripper, owned by Ms Pamela Bateman, 197 Waltham Street, is a nuisance by reason of vicious disposition and violation of the leash law, and the owner is to be notified that, by order of the Board of Selectmen, the dog is to be removed from the Town of Lexington within fifteen days of the receipt of the order. The Board approved Mr Hutchinson's recommendations for appointments Manager's Upon motion duly made and seconded, it waas voted to appoint Mr Robert Appts Eby a member of the Recreation Committee to fill the vacancy created by the resignation of Mr Daniel Busa Upon motion duly made and seconded, it was voted to appoint Mr. John Orcutt, 41 Lincoln Street; Mrs Elizabeth W Reinhardt, 10 Eliot Road; Mrs Anne Grady, 10 Trotting Hourse Drive, as members of the Historical Commission Also, to reappoint Mr William Potter a member of the Bd of Assessors Mr. Hutchinson recommended that the Board approve the request received Gompers- from Mr David E Gompers that Kiln Brook Office Park, situated on Hartwell Flood Map Avenue, be removed from the Flood Boundary Flood Way Map of the Town of Lexington The Federal Insurance Administration has reviewed the map as it pertains to Kiln Brook west of Hartwell Avenue and this review, to- ll' gether with information provided by the Joseph W Moore Company, Engineer for Mr Gompers, has determined that the Kiln Brook Office Park does not lie within the regulatory floodway based on minimum criteria for flood plain management regulations as established by FIA Mr Hutchinson added that this proposal has already been reviewed by Conservation, Planning Board, and the Board of Appeals Selectmen's Meeting - 5 - July 17, 1978 Upon motion duly made and seconded, it was voted to authorize the Town Manager to write a letter to the Federal Insurance Administrator to amend the regulatory Flood Boundary Map of the Town of Lexington by removing the proposed Kiln Brook Office Park from the map Audit Mr Hutchinson reported to the Board in response to the recommen- Recommenda- dations contained in the Arthur Anderson audit report Mr Perry, tions Comptroller, was present Mr Hutchinson said that suggestions were made about developing an integrated system plan which involves a rather comprehensive effort by the Town It is a worthwhile proposal but we are not administratively Integrated geared to do something of a comprehensive nature at this time However, Systems we have contracted with Arthur Anderson to work with the Town Manager Plan and a citizens' committee and the appropriate accounting people to study not only some of the items we would like to address but specifi- cally the integration of the school computer in the Town facilities, and this would be one of the major thrusts of that study They are also going to work with the Comptroller's office and the Town Manager on the Internal establishment of a full encumbrance system; most of that work will be Reporting done by Dick Perry but we feel their experience will help us as well in addressing this area We would have that study completed by January, or, sooner, and we will address some of the questions which may arise Fixed Asset Fixed Asset Accounting Detailed records do exist for insurance pur- Accounting poses of all fixed assets of the Town We do not have prepared a detailed property record system and do not give this high priority Cash Cash Receipts Cash is deposited on a timely basis, normally daily Receipts The Town Manager is requesting that the Treasurer summarize accommodation accounts being maintained in various banks with minimum balances We maintain accounts at banks who submit bids on our notes and bonds We do not need a check protector as other security measures are in effect The Treasurer's bank balance reconciliations are now certified by the Comptroller on a quarterly basis to the Bureau of Accounts As recom- mended, the detail redonciliation will be reviewed by a representative of the Comptroller's office on a monthly basis starting September 1 Legally, we cannot integrate Library Trustee accounts Dual signatures will be instituted after a review of the minimum with the Treasurer Purchasing Purchasing• Encumbrance accounting should resolve problems referenced in the auditor's report Our invoice procedures will be reviewed as part of this system Accounting Accounting Records Presently, the Bureau of Accounts is schooling its Records personnel, using the C P.A 's in generally accepted accounting methods It is understood that the State Accounting Manual is being re-written, and instruction classes will be held some time this winter for all municipal accounting personnel The target changeover date of the State system is July 1, 1979 Balances are carried over from one fiscal year to another only when evidence is furnished that the project is incomplete and that financial activity is still eminent 297 Selectmen's Meeting - 6 - July 17, 1978 III Miscellaneous Balancesare carried over when activity remains open in Miscellaneous the account The revolving funds referenced must legally remain open as there is still work to be done in those areas Maintenance of all Town-owned vehicles by D P W is under review We do provide support services to ohter departments through D P W Water Department We are investigating utilizing our new terminal for Water Dept water department billing after we get our tax collection operation squared away We do not believe that we should charge for the meters since they are the property of the Town and it is the Town's responsibility to main- tain them Pension Cost Accounting A start towards funding was instituted in Pension the 1978-79 budget with $100,000 and we plan to build on that start in Fund future years Internal Control The installation of the terminal in the Collector/ Internal Treasurer office will provide us the tools to perform more seasonable Control reconciliation of outstanding accounts Assessors' Records As part of the revaluation, these records should Assessors' be placed in a microfiche system. We have investigated Arthur Anderson's suggestion on Personal Property taxes and found no useful information available The abatement and collection receipt records will be revamped in the new system and the real estate tax collection follow-up is being set up by Town Counsel IIIPayroll- Change procedures and revised forms will be printed Payroll Trust Fund Accounting The records of the Trustees of Public Trusts have been set up on an anticipated income basis and records are now on a comparable fiscal year with the Town Mr Hutchinson added that we are working on a number of other items and we feel these are major steps being taken in the right direction, and we found the audit a good management tool Mr Crain commented that, with this input, he would review his notes from the original audit data and at the next meeting with the Board could have a meaningful discussion in further detail The Board agreed Mr Hutchinson informed the Board that the bleachers at the High School High School have been condemned as they are in need of repair and/or replacement Bleachers Quotations are now being received and a decision will be brought to the Board on costs Mrs Miley asked if it would be feasible for the Vocational High School to be involved as they are going to build their own addition to the school? Other Vocational Schools build houses and perhaps this would be an economy and would be a practical experience for some of the young people Mr Hutchinson replied that it might be possible but most of our money is going into lumber costs Serious consideration is being given to just repairing the bleachers Chairman Battin, asked that he also check with the Lexington High School Woodworking on the possibility of helping and Mr Hutchinson agreed to do so III He also added that this should be a joint venture with the School Department as the bleachers will be there primarily for their use but are a maintenance responsibility of the Town t�98 Selectmen's Meeting - 7 - July 17, 1978 Affirmative Mr Hutchinson asked the Board to sign the Affirmative Action Plan Action of the Town, as adopted by the Board on June 5, 1978 Policy Upon motion duly made and seconded, it was voted to sign the Affirmative Action Plan of the Town of Lexington Mr Hutchinson advised the Board that he had met with representatives of the Post Office today and they are hoping to look at how their employees park their vehicles so that their employees might utilize their own parking lot more, rather than congesting the streets It had also been suggested that we look at stronger posting in certain areas of Grant Street and along Mass. Avenue to discourage them from parking in those areas Pinball - Mr Hutchinson recommended that the Board deny the request for a permit Elks Club for a pinball machine at the Elks Club The Police Department recommends that the permit not be issued, and Mr Hutchinson understood that this re- quest was generated without the approval of the Elks Board of Trustees. Upon motion duly made and seconded, it was voted to deny the request of Mr Alan R Levy, 173 Bonad Road, Brookline, for a permit to install a cocktail table coin operated pingame at the Elks Club, 959 Waltham Street. Center Mr Hutchinson informed the Board that it is planned to go forward with Playground maintenance of the soccer field at the Center Playground He felt that the Soccer Fld Lions Club could be accommodated next year but details on the carnival would have to be worked out He assured the Board that the concerns which they had expressed at the last meeting should now be alleviated Mr Hutchinson asked for the direction of the Board regarding calls being made to his office from concerned people about lots to be used for scattered sites He recommended that he work with Mr Temple Scanlon, Housing Director, to coordinate an information meeting, on an adminis- trative basis, to educate the people as to what lots have been submitted to HUD, with the understanding that it is not known at this time which lots HUD will approve Chairman Battin was in favor of the meeting as there have been many calls to Board members and the Selectmen's office also Mrs Mary Shunney, Chairman of the Housing Authority, was in favor of the meeting The Housing Authority Attorney has put together a description and other pertinent information on the lots on the list. The Board agreed that the Town Manager, working with Mr Scanlon, is to make arrangements for an administrative informational meeting to be held soon for a discussion with concerned citizens regarding the list of lots for scattered sites housing in Lexington Sewer The Board discussed the Sewer Moratorium. Moratorium Chairman Battin said that this is a hard choice for the Board of Select- men We asked the Town Manager to review the moratorium and its effects very carefully and, a month ago, every member of the Board was prepared to lift the moratorium. However, during the debate that went on with other boards, the question was raised of a limited moratorium - just lifting it in part. The one that the Board was most likely to look at and thought- fully reject or accept if necessary would be a geographical limitation 299 Selectmen':s Meeting - 8 - July 17, 1978 if it proved the impact of new connections is greater if closer to the trouble than farther away The majority of the Board feels that they would have difficulty with a limited moratorium. Almost the entire Board now feels that there would be difficulty with a limited moratorium which exempted certain categories of persons, such as single families as opposed to developers We decided to wait a month until this date to make up our minds, and directed Mr Kent to meet with members of other concerned boards to review what might be done in terms of a limited moratorium and answer some questions which were generated at that meeting There was a meeting on that Saturday with Mr Kent, Mr Zabin of the Planning Board, Dr Frick (who had raised some questions at our meeting) , the Town Manager, and there was input from both the Conservation Commission and the Board of Health The questions were written out and sent to the appropriate persons for answers; we did send the whole matter to our Sewer Advisory Committee, who does advise the Board of Selectmen on sewer matters Mrs Battin asked Mr Hutchinson to discuss remedial actions which he proposes to take and then comment on the questions and answers Mr Hutchinson said that the Hayes Lane relief sewer, which we feel should have the greatest impact especially in the Saddle Club area, will be put in in August; we are going through the engineering plans now and it will be in place before the rainy season. In response to our notice in the water bills, five people have come forward on a voluntary basis to work with us on disconnecting their sump pumps He had spoken to the Building Commissioner and the Health Director about coordinating the enforcement of this starting this month re- lating to those people who are illegally connected to the Sewer system Com- plaints to them, subject to a procedure devised by Town Counsel, should be sent within the next few months. We are further going forward with out Inflow/ Infiltration study, Phase 2, and the experience of other canities has been that there could be a dramatic relief of inflow problems as the study is in progress With a combination of these efforts, we feel there should be solutions to these problems The moratorium has given us a chance to assess the methods we might utilize but we have no guarantee that without fail these measures will work through the winter months, but they are the types of corrective measures that should be in place rather than the moratorium itself They are based primarily upon finding illegal connections, finding a storm sewer system that might have been put in years ago tied into the sanitary sewer system, and they would be corrected on the spot. Questions that have been generated have been forwarded to the Board but they overlap those generated by Mrs. Kent and Mr Zabin, so answers are generally in place and have given us additional bases for any decision that the Board is considering Imposing a limited moratorium would be of no value or impact; it is not an acceptable approach because it won't control the problem. Mr George McCormack, Sewer Advisory Committee, said that the committee met on July 11 and decided that the effectiveness of the existing sewer moratorium cannot be evaluated; the committee felt that the moratorium alone would not alleviate the existing problem and unanimously voted to recommend that the moratorium be rescinded Soo Selectmen's Meeting - 9 - July 17, 1978 Chairman Battin said that we have had letters from the Planning Board and the Board of Health recommending that the moratorium be continued, but they were written prior to the time that answers to questions were received. Mr Hutchinson said that the Board of Health does not have answers to questions so they can't comment Mr Zabin, Planning Board Chairman, said that his Board had not caucused but he would reiterate points The Planning Board suggested that if the.mora- torium were lifted that it be lifted on the basis that as new sewer connec- tions added effluent to the system, sources of inflow/infiltration be re- moved and suggested that it be done on a basis that would mean positive, concrete measures resolving the problem and reducing it on a 1 to 1 basis In general, the answers to the various questions that were referred to really support the necessity to take that approach but Mr Cohen was doubtful about the legality There are two components to the problem, (a) sewers and (b) water Anything you add to an already overburdened system is going to make the problem worse The data supplied doesn't answer the question The second assumption as far as removal of the moratorium is that new sewer connections would be made over a period of time; positive measures could be taken to relieve the problem in view of the fact that he understood the developers' feelings and conservation would probably support it (Mr Zabin) One of the points made to him which he thought worth considering is that the basic assumption for hiring Whitman and Howard is that a very substantial amount of the problem is caused by inflow; that may be right, and if it is and it is due to illegal connections, then the wetland problem in the town had been far worse over the years than the strongest advocate of wetlands zoning ever imagined it to be Looking at what water in the basement means realistically in quantitative terms, there are an incredible number of houses that are draining their basements, into the sewers; that may be so; he also doubted that a significant contribution to the problem is due to improper connections from storm drains into the sewer system; that may be so but we can speculate If the sewer assumptions turn out to be wrong than quite obviously the major culprit is infiltration, and that indicates that much of the system is deteriorating probably because it has been built in wetlands The ground is sinking under the pipes and cracking and the water table is raised. The financial implications of dealing with this problem are imme- diately obvious; what it really needs is reconstruction of a substantial portion of the sewer system If all this is so and then the Board decides to remove the moratorium, you should remove it with the very clear under- standing and intention of reimposing it very quickly if it turns out that the hopeful assumptions are incorrect To remove it with any idea of finality would be very dangerous and something that we might regret Chairman Battin said that the Planning Board had suggested a limited moratorium and to adopt a system that for every 2 gallons of inflow/in- filtration removed from the system that the Board should permit a maximum of 1 additional gallon sewage for a new connection The decision as to how you would do this would be by setting up a priority of new connections and adopt a list of relevant criteria; this could be subject to bias both in the development of objective criteria and then in the application and there would be legal questions as to how we do this Questions were raised by Mr Cohen and Mr Kent and she felt that the Board would be very 301 Selectmen's Meeting - 10 - July 17,1978 uncomfortable with such a system and therefore would not be prepared to follow this recommendation; however, the Board appreciated the thought behind it Mr. Hutchinson said that we do feel our problems are substantially due to illegal pumping, roof leader connections and possible drain connections Mr. Martin, Assistant Town Engineer, said that they met with the sub-con- tractor of Whitman and Howard who is the engineer on the job and they are begin- ning to develop some of the hard data that will become part of the final report and the findings that are presented this evening tend to substantiate the opinions put forth in our memo of June 28 We should point out that the problem is definitely one of inflow; if we didn't have infiltration there would be room for the inflow. We should all be aware that the way the study is set up is a little unusual in that of the 14 mini-systems that are being studied, two of them are in the contract for advance work In other words, we will be doing phase 2 through a system evaluating survey on mini-systems in the downtown area and the Sherburne Road/Kendall Road area, which are known problem areas On the conclusions that the subcontractor reached on the basis of the study, we know there is an excess of 2 million gallons generated from those two mini-sytems The final report will be available in a month, done on a line-by-line survey We know where we are having problems and it is a matter of going into those sections and isolating them. This is work that can be done almost immediately by contract The one danger in doing it is the possibility of losing state and federal aid on the project but those are the areas directly tributary to the Saddle Club area and correction of the problems in the two areas would be in excess of 2 million gallons, which would go a long way to substantially resolving many of our problems Mr.Hutchinson recommended that the moratorium be lifted. Chairman Battin to Mr Zabin The Board knows we have a serious problem and if we vote to lift the moratorium, we are going to continuously review the cor- rective measures we institute as well as the assumptions we have made, and look at future suggested solutions and we will then increase or reinstitute measures as it appears necessary We are not just going to do something and go away and leave it Mr Ron Sahatjian, Saddle Club Road, said that he is confused as to what is the basis of the Sewer Advisory report We haven't gone into the flood season yet. Dr.Nill, Sewer Advisory Committee, said that we were unable to decide, to conclude that there was any benefit of the moratorium He was a strong sup- porter of some very strong action by the Board of Selectmen and the DPW to solve your (Saddle Club) problems; everyone is concerned about the problems in the area but the real problem is inflow If we say to leave the moratorium on, you would be somewhat happier, in fact we probably all would be Everybody is concerned abour sewage and saying that we have the moratorium on, so the problem is solved The fact of the matter is the moratorium probably doesn't make a bit of difference and if we all went away and said that we have done something for the poor Saddle Club Road, we would all be mistaken We have to have answers to the inflow problem so your basements are going to be dry He would do anything to get the problem resolved so don't delude yourselves in thinking the moratorium is going to help you at all Saddle Club resident, Mr Sahatjian said that only five sump pumps were found If that was going to help, how do we know that the number of sewer connections between now and next winter aren't going to overcome those sump pumps? Dr Nill replied that if strong actions are taken, presumably we can eliminate some of these sump pump connections and it takes a very few sump pump connections 30Z Selectmen's Meeting - 11 - July 17, 1978 to be removed to make up the difference for all the things that are going to be put on - all the Ridge Estates and all the building out on Hartwell Avenue; they don't put much water into the system compared to sump pumps, which are a tremendous burden on the system, and if we have to recognize that as the premise we advance on, the moratorium isn't going to buy us much, and we all recognize that Having it or not having it doesn't make that much difference. Chairman Battin said that this is a concern shared by the Selectmen- the Saddle Club area has a serious problem that the moratorium doesn't address and we have to do something right away; the Hayes Lane relief sewer, removing illegal connections and taking care of sump pumps, and, as Dr Hill said, we are doing something If we keep the moratorium on, it is not addressing it. Mr Hutchinson said that we will provide separate information to the Saddle Club residents and of all the actions we are taking in the sequence of events As one who recommended the moratorium initially, it did give us some time to look at the problem. Dr Ni].]. has said that it is not going to solve the problem you have Mr Sahatjian said that it doesn't leave me with a good feeling that it is going to stop the manhole covers from rising Dr Hill agreed and advised him to be a strong advocate of other action to get the dump pumps taken off, by more publicity by way of legal action, which is available to us, and that's where his energies ought to be. The moratorium does so little when you weigh it against other considerations of the Selectmen, namely the people who want to build, etc ; this doesn't have much force Mr Charles Code, Sewer Advisory Committee, said that the committee did not recommedd lifting the moratorium; what we said was we were unable to make a recommendation regarding the extension as its further effectiveness cannot be evaluated. We did not recommend lifting it As an engineer, he would further comment that the moratorium, by itself, doesn't solve anything; in fact it may serve to make people think that the problem has been solved, and we should make it clear that is not the case Something must be done or we are going to have a repeat of the problem In his mind, the only thing the moratorium does is to keep the problem in focus and keep everyone aware of it As far as inflow/ infiltration go, he would have to believe the figures as he had no other informa- tion but, for one thing, infiltration will continue to get worse if it is not corrected In other words, if we have a deteriorating sewer system, which seems a good probability at least in some areas, that's not going to add less flow to our sanitary sewer system unless we do something to correct the infiltration Five or ten people have called up and asked naively what are we going to do about our connections, and there are a lot more of them, probably in the thou- sands, and this is something that must be corrected There is an additional problem of public information as people don't know that if they have a storm drain in their streets they can pump that clean water into it and they shouldn't put it into the sewer as it was not designed to handle it; they do it because it is the most convenient He thought that the Hayes Lane by-pass should be expedited as much as possible but he wondered how much help it will actually be. In his opinion, the moratorium at this point is not doing us any good and we can't say it is doing us any harm, except that other things must be done. You have to get on with the by-pass and any other engineering solutions to the problem 303 Selectmen's Meeting - 12 - July 17, 1978 Mrs Elaine Dratch said that it has been mentioned that the connections of homes in Ridge 2 would not have a significant effect but it must be remembered that Ridge 2 and any other new developments that are built are on some of the remaining wetlands of the Town Most of the properties that will be used will be in maybe not officially wetlands but in land with a high water table, and that will influence people to hook up not only their waste water but their sump pump water when they discover their basements wet; so we are not just talking about hooking into the sewer systems but those illegally from their homes. Dr Frick had said that when the moratorium was lifted, immediately there will be about 350 applications for new building permits and, once they are given, that will be officially it and the building on them will probably be for several years Mr Dratch suggested that something be put in the mora- torium saying that when the building permit is given and if no actual building has been done on that piece of land, you could reimpose the moratorium on those pieces of land and those building permits that have not been acted upon Mr Cohen said that the permits are only good for six months and then expire Mr. Buse said that the Ridge Estates would probably be the best constructed according to the water table because, under Ridge 2, they have to build 4 feet above the high water table, so it would be impossible to have water in basements if they are 4 feet above the water table Mr Crain said that he had reviewed the records and within them was an in- dication that it was felt that to add substantial volumes of sewage to existing problems at this time might further aggravate and the moratorium clearly last November was instituted to buy some time to find out the implications of putting on the moratorium which, as he understood it, obviously did not alleviate the problem. He had also heard from several people that it has not helped solve the problem. Someone said tonight that it hasn't done any harm and, as his respon- sibilities encompass everything in this Town, he believed it is very clear that it has done some harm. It is very clear that it is oppresive to people who own land in the Town, some of whom are people who would find moving into Town econom- ically a very marginal opportunity and with inflation on building rates if the moratorium continues, and what has already happened to them is that real harm has been done Since it isn't proven that the moratorium has had a positive impact, we could be accused of being a party to officially allowing homes pre- sently connected to sewers to increase in value He felt there are some harmful aspects of the moratorium, and the Selectmen, with their responsibilities have to consider everything that is available to them Therefore, he finds himself in a position where he cannot support the moratorium as he can find nothing to prove it has alleviated and he believes it is clear that it has done some harm Dr Cosgrove, Chairman, Board of Health, said that his board had verbally expressed and had written to the Selectmen regarding their feelings on the mora- torium. Dr Erdos has covered their feelings on the matter pretty thoroughly, and he asked that he be recognized Dr Erdos said that, as the Board of Health, they are concerned about safety, health and wellbeing of all citizens and with the surcharge in the last few years being a major problem with raw sewage in homes and pumping into streams, they are greatly concerned They initially supported the moratorium and supported the con- tingency plan which was established, and strongly supported positive action of the 3-phase study which was to lead to the solution of all the problems, utilizing 304 Selectmen's Meeting - 13 - July 17, 1978 federal funds for the 3-phase study To date, we have seen no tangible progress and we felt very strongly about the direction the Town might take and approve the appointment of the Sewer Advisory Committee and we realize full well that the emergency contingency plan did nothing except to continue to ruin the environment and increase the danger of raw sewage. He mas glad to hear that remedial steps will be taken and the Hayes Lane by-pass will begin next month but he was not sure of the results Regarding the moratorium itself, we have been assured on a number of occasions that this would have little or no effect on the system, and the verbal assur- ances heard tonight are not backedup by any hard data, and he would like an engineering study We certainly are aware that the moratorium is only a small bandaid on a gaping wound. This moratorium, however we can argue differently, served the purpose and until strict date proves otherwise, he could consider the moratorium at least about as effective as a thumb in the dike until we get the real measurement of rain, and perhaps more importantly, rather than indicating that nothing would be done, keeping the moratorium in the public eye the Board of Health feels is very important To discontinue it may give many people a very false sense of security Many people had asked him, not just those at Saddle Club, if things are better now, can the moratorium be lifted? He would have to say that things are not better now and we can tolerate some reasonable calculations that the same unfortunate situations will not be repeated next fall. In all good conscience, he and the Board of Health cannot really recommedd lifting the moratorium. Mr Busa moved, and Mr. Crain seconded the motion, that the sewer moratorium be lifted. Mrs. Miley said that she had listened for several weeks and months to opinions, and she had looked at independent opinions besides the boards etc in the Town, and she felt that the moratorium should be lifted now She realized that there are many concerns of the Town and we should be vigilant and should take steps immediately to see if we can't correct the situation. Enough people have be n heard from tonight, plus all the others heard from in the past, that we can do something to change the system and correct it, and if the moratorium is there only to keep it before our eyes, we ought to be able to do better than that Therefore, she would go along and vote to lift the moratorium. Sewer No one else in the audience wished to comment. Moratorium Upon motion duly made and seconded, it was voted unanimously to lift the Vote sewer moratorium. Mr Hutchinson reminded the Board of the Nation League of Cities and Towns conference in Boston on July 20 and 21 Chairman Battin is to attend and she urged other Board members to make an effort to be there. Parker Mr. Hutchinson informed the Board that Ed Co is occupying 5,500 sq.ft. School of the Parker School and will also be utilizing another 2,000 sq ft. Parker Mrs. Miley, Chairman and Mrs. Wheaton of the School Sites Conversion School Committee, discussed the Parker School The committee had met on July 13 SSCC and recommended that the newspaper ad use "3 acres, more or less" of land involved rather than 6 7 acres in the entire package. 43O Selectmen's Meeting - 14 - July 17, 1979 Chairman Battin said that she would not be in favor of selling recreation land and,furthermore, the neighborhood looks upon it as park land It was the sense of the Board not to dispose of recreation land,and therefore, 3 acres, more or less, of land would be involved in the sale of the Parker School Chairman Battin requested that the Board discuss a questionnaire MSA Annual from the Mass Selectmen's Association on preferences for subjects Meeting to be covered in workshops at the MSA Annual Meeting on October 20-21 The Board agreed on the following workshops Human Services, Tax Limitation Proposals, How to Lobby the Legislature, Solid Waste Dis- posal, Budgeting, Collective Bargaining and Binding Arbitration, Im- proving Financial Management, and Municipal Tort Liability Upon motion duly made and seconded, it was voted 4-0 by roll call Executive vote to go into Executive Session for the purpose of discussing strategy Session with respect to litigation and one 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 00 P.M U A true record, Attest ( Executive Clerk, Selectmen J 306 SELECTMEN'S MEETING JULY 31, 1978 1 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, July 31, 1978 at 7 30 P M. Chairman Battin, Mr Busa, Mrs Miley and Mr Crain; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assistant to the Town Manager; Mrs McCurdy, Executive Clerk, were present Mr Hutchinson introduced John Quinlan, Arthur Washburn, Robert Walton, Richard Sullivan and Theodore Setterland, who have been appointed as Lieu- tenants in the Fire Department Chief Bergeron explained the extensive process involved in passing the requirements for the position, and Miss Mary R. McDonough, Town Clerk, administered the oath of office to the five Lieutenants Members of the Board congratulated them and wished them success in their new positions Liquor- Mr Busa left the meeting room during the following hearing Vinebrook Chairman Battin opened the hearing on the application from Vinebrook Corporation Corporation, Daniel P Busa, Manager, for approval of a transfer of location Location to a temporary location at 1666 Massachusetts Avenue, Lexington, comprising Changes one floor ground level containing 1650 square feet with an entrance or front door off the parking lot and a rear door to the right of the leased premises,. and for a transfer of location from 1666 Mass Avenue to a permanent location upon completion of a building at 55 Bedford Street, Lexington, comprising 4700 square feet, one floor ground level with front entrance from parking area in front of the building and side door to the left rear, together with a basement thereunder Attorney Alfred P Tropeano, representing the petitioner, submitted the affidavit that notices of the hearing were sent to all abutters; the letter sent to Lillian Nielson, 16 Vine Brook Road, was returned but neither the letter nor the certified mail card for Re-Lex Realty Co., 13 A Medford Street, Arlington, was received back from the Post Office Chairman Battin asked for the letter of permission to use the leased space Atty Tropeano did not have the letter but presented the lease, signed by Mr George Rowe, owner, for the Vinebrook Corporation to use 1650 square feet of the premises, terminable on a 1-month notice by Mr Daniel Busa as soon as the new location is ready for occupancy; an extension of the lease is for up to one year Mr Cohen read the lease and stated that it fulfilled the requirements Atty Tropeano said that Vinebrook was formerly owned by Connors Brothers and has been at the same location for 20-25 years. Two years ago, Vinebrook was given notice to vacate and they were able to extend the lease for two years During that period, they had investigated temporary sites and finally reached an agreement for a land-lease with the Lexington Lumber Company; to lease 22-24,000 square feet of land upon which a house is now situated. The owners at the present location did not wish to wait until the building was completed and they want occupancy by September; therefore, we were forced to negotiate for a temporary site and Mr Rowe has leased us 1650 squqre feet of his building The building plans for the Bedford Street site have been 3©? Selectmen's Meeting - 2 - July 31, 1978 completed and will comply with all the building by-laws, etc. When and if the permits are granted, application will be made forthwith for a building license and construction will proceed Mr Rowe wants us out by November 1 but did condescend to extend it beyond that time if it took longer to build the building; but they must be out of the present site Mrs Miley commented on her concern for traffic in the future location; the whole area is difficult and it is going to be more difficult. Atty Tropeano said that the plan for the building to be erected is that it be set back to the present line of the Lexington Lumber Company building and there will be parking for 20+ cars; there will be parking on the side and in the rear for employees It will be more than adequate to take care of the parking He did not think that liquor stores generate that much traffic. Mrs Miley replied that the one across the street does No one appearing in favor or in opposition, Chairman Battin declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the transfer of location of the Vinebrook Corporation fromv1700 Massachusetts Avenue to a temporary location at 1666 Massachusetts Avenue; also to approve the transfer from the temporary location at 1666 Massachsuetts Avenue to the permanent location at 55 Bedford Street, Lexington Mr Buse returned to the meeting at 7 45 P M. Chairman Battin requested approval of the appointment of Democratic Election and Republican Election Officers The Chairman of the Democratic Town Officers Committee had submitted a list of thirty-four persons for appointment and, because there was no response from the Republican Commitee, the Town Clerk recommends the re-appointment of the twenty-eight officers now serving Upon motion duly made and seconded, it was voted, in accordance with G.L. Chapter 54, s 12, to appoint thirty-four Democratic and twenty-eight Republican Election Officers for terms of office expiring September 1, 1979 Upon motion duly made and seconded, it was voted to approve the follow- Permits ing requests for permits September 9, 10 00 a m , Diane Porter political motorcade September 12, 7 30 p m -9 00 p.m , Cary Hall, Fernald School Seminar September 17, 1 00 p m Annual American Cancer Society Bike-a-Thon raindate September 24 October 15, Annual Walk for Disadvantaged Youth Chairman Battin read a report from the Traffic Safety Committee rel- Traffic ative to a request from Mr. Otis Brown, Chairman of the School Committee, Paddock for an investigation and advice on the safety conditions in the Paddock Lane/Pollen Road area. The report stated that in the opinion of the Committee while it is possible to determine the relative safety of a spe- cific intersection, it cannot define the safety of any area at any given time; in addition the committee strongly feels that we have no unsafe areas in Town Therefore, after review of traffic records, the committee voted to reiterate traffic safety problem. 3 © 8 Selectmen's Meeting - 3 - July 31, 1978 Upon motion duly made and seconded, it was voted to accept the recom- mendation of the Traffic Safety Committee that the Paddock Lane/Follen Road area does not have a traffic safety problem. The Chairman of the School Committee is to be so informed Water Chairman Battin read a recommendation from Mr. Warren Empey, Acting Abate Director of Public Works, for abatement of water bills ments Upon motion duly made and seconded, it was voted to abate the follow- ing water bills Frederick A. Gemerizio 255 Marrett Road $151 65 Owner incorrect reading Lexington News 135 Mass. Avenue 11 25 Biller's error Beatrice M. Casey 9-11 Maple Street 103 50 Meterman Incor reading Edward Stoddard 8 Fairlawn Lane 77 85 Owner incorrect reading Thomas Baird 57 Baker Avenue 25 65 Biller's error Robert Merkle 6 Brent Road 76 50 Meterman Incor reading Edward Dubois 207 East Street 73.80 Owner incorrect reading Hanscom Air Base Bedford 180 00 Biller's error Mr Maxtant 52 Bellflower St 36 00 Owner incorrect reading David Wellinger 11 Fifer Lane 11 25 Biller's error Donald Cordell 76 Grassland St. 35.55 Meterman incor reading Alice Salhaney 539 Concord Ave. 22.50 Biller's error Primary Chairman Battin read quotations on printing 9,500 copies of the Warrant Warrant for the State Primary on September 19, 1978; Maran Printing Service Inc , Printing $258 00; Lexington Press, $297.00 111 Upon motion duly made and seconded, it was voted to award the contract to Maran Printing Service, Inc , Arlington, in the amount of $258.00 for printing 9,500 copies of the Warrant for the State Primary on September 19, 1978. "Minutes Upon motion duly made and seconded, it was voted to approve the minutes of Selectmen's meeting of March 6, March 13, June 5 and June 19, 1978 Cert. of Chairman Battin read a request from Secretary Guzzi to approve the loca- Incorp. tion at 13 Hazel Road for a Certificate of Inco!poration for Clarendon Hazel Rd. Family Day Care Inc The Board voted to table the matter pending further information from State Secretary Guzzi's office as to whether this was simply a request for approval of a mail drop or if it is proposed to locateia day care center at 13 Hazel Road Common Chairman Battin read an application for a Common Victualler's license. Victualler Upon motion duly made and seconded, it was voted to sign the Common Victualler license for the Minuteman Restaurant, 1715 Massachsuetts Avenue; new owner, George Zaharopoulos; hours of 6 00 A M. to 10 00 P M. 7 days Hancock For informational purposes, Mr Hutchinson advised that the State has Street terminated the contract on Hancock Street because of the excessive price for Contract drainage provisions of the contract He has requested that it be re-bid and it is anticipated that it will be re-bid in the fall Hancock Street will not be done this year 309 Selectmen's Meeting - 4 - July 31, 1978 Mr Hutchinson discussed the end of the year balances He,reported T Manager that there is available for E & D $1,082,919, which should assist in our Available efforts towards tax stabilization The School system turned back $300,000, Funds the Town $250,000 in this year's operating budget; also, $150,000 from past budgets where old articles were closed out We generated approximately $400,000 of revenue above our estimates because of varying factors, one being that the State is getting its excise bills and cherry sheet reim- bursements to us in a more prompt fashion We are working our way back towards tax stabilization even with some of the constraints that we have and the School Committee and the municipal department heads deserve some real credit for working towards this and providing good services despite austerity demands placed upon them A new statute requires us, at an additional cost to the Town, to include on individual tax bills what the additional revenue from the State was going to save the taxpayer on the local property tax We are designing a form to put in the tax bill what the charges are to the Town He hoped that people would not be mislead by the additional revenue, and it is important to know that the Town has no idea of what the additional charges are for the MBTA, court system, Middlesex County Hospital and County Government Once they are received, we will then be able to find out how well we really did rather than reference the fact that if everybody held their budgets and had no expenses go up on the State government in excess of 10 percent that there would be no tax increase Chairman Battin opened the hearing on the Boston Edison Company and the J/0 Poles- New England Telephone Company petition for the location of three poles on Concord Concord Avenue east of Spring Street Avenue Notices of the hearing had been sent to abutters and also filed with the Public Works Department Ms Carol Clinton, representing Boston Edison, and Mr Roland Pinault, representing the Telephone Company, were present Mr Pinault informed the Board that the joint petition is for approval of the location of three poles to provide service for a new home at #575 Concord Avenue. Chairman Battin read a recommendation from the Director of Public Works that the petition be approved No one appearing in favor or in opposition, the hearing was declared closed Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison Company and the New England Telephone Company for the fol- lowing location Mr Crain abstained Concord Avenue, on the northerly side, approximately 83- feet east of Spring Street, three poles, 16/564-565-566 Chairman Battin opened the hearing on the Boston Edison Company petition Bos Edsn for the location of one pole on Hayden Avenue Pole - Notices of the hearing had been sent to abutters and also filed with the Hayden Ave 111 Public Works Department 310 Selectmen's Meeting - 5 - July 31, 1978 Ms Carol Clinton, representing the Boston Edison Company, said that on July 17, the Board had approved the location of three poles in this area but because of a change in the customer's plans, an additional pole is being re- quested She has talked with the abutters, who have no objection Chairman Battin read a recommendation from the Acting Director of Public Works that the petition be approved No one appearing in favor or in opposition, the hearing was declared closed. Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison Company for the following location Hayden Avenue, northwesterly side, approximately 1,005 feet southwest of Waltham Street, one pole, one guy wire and anchor Also, that permission be and is hereby granted to said Company to lay and maintain underground laterals, cables and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as desired for distributing purposes. Poles- Chairman Battin read petitions from the Boston Edison Company and the Great Rock New England Telephone Company to relocate Pole 3 on Great Rock Road and Pole 3 Road on Briggs Road Mr Pinault, representing the Telephone Company, explained that these Briggs Rd are lateral moves for existing poles in connection with highway construction on both roads Chairman Battin read a recommendation from the Director of Public Works that the petions be approved Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison Company and the New England Telephone Company for the following relocation of poles Mr Crain abstained. Great Roack Raod, on the southerly side, approximately 169±feet west of Crescent Road, one pole 247/3; one pole to be removed Briggs Road, on the southerly side, approximately 270±feet east of Crescent Road, one pole 169/3; one pole to be removed N.E T &T CO Mr Roland Pinault, Mr Daniel Yauckoes and Mr William Mirley, repre- Service sentatives of the New England Telephone Company, met with the Board to dis Concepts cuss proposed design concepts for telephone service to a given studied area with a minimum amount of maintenance and reduction of hardware Mr. Yauckoes explained that the area serving concept consists of three integral parts, (a) the distribution area in the neighborhood; (b) the interface, a unit from which service to any location within an area is dis- bursed; (c) a feeder cable, the main route of service from the interface through the switching or central office to any place in the world In the Town of Lexington, the key part of the concept is the serving area interface which is a new unit and is to be used to connect the various neighborhood distribution cables to the feeder cable Interface will enable the Tele- pone Company to more accurately forecast the need for additional main feeder cable to a given neighborhood area; it will also pinpoint any maintenance problem and eliminate aerial congestion. Because the interface will be easily accessible, new service will be provided quickly Once a distribu- tion area has been established, there will be virtually no changes to the neighborhood cables; this is because the serving area concept is intended 311 Selectmen's Meeting - 6 - July 31, 1978 to provide the ultimate amount of distribution cable needed from the interface to every street in the neighborhood Many aspects of maintenance would be re- duced and there would be a reduction of workmen activity on the line which would prolong the life of the cable There would be fewer delayed service orders due to the flexibility of this new concept and, with the established distribution areas, fewer out-of-service troubles would occur Inherent to this concept in the shortened cable distance between the switching office and the subscriber, which enhances the quality of transmission Whenever possible, feeder cables will be placed underground and existing aerial feeder systems will be removed, thus improving the appearance of an area In most areas, a single distribution cable will replace numerous cables on congested pole lines A typical example of the rehabilitation of an area would be at Cedar Street/Massachusetts Avenue north, and the overall picture is to replace many of the numerous cables on the pole lines, remove the many older cables and in- stall one of these new units opposite #6 Hastings Road This would enable us to have the means to remove older area feeder cables which were necessary from, roughly, Hastings Road back to Worthen Road A considerable amount of engineering has gone into this project in this area as it is extremely critical to pick well established areas to rehabilitate when and where required. Our intent is not to go in and mushroom all over the town indiscriminately We pick and choose our areas when we know we need to do something under one of those new concepts Chairman Battin asked Mr Pinault if the Board of Selectmen decides whether it wants to institute it or not? Mr Pinault replied that this is the newest concept; it is system-wide and has been established throughout the country very successfully and we feel it is in the best interests of the subscribers, the municipalities, we well as the Company This is the way we have been asked to go with the feeder distribution, so the important issue is, because of the equipment, that the pedestal terminals not be placed so they would be vulnerable to traffic. Our engineers looked for those sites where they would be out of the line of traffic and still not be offen- sive aesthetically We are trying to describe the concept to you and then we will be formally applying for those locations Mr. Yauckoes said that if permission is granted by the Board, when all arrangements are made we would start construction in the fall and have every- thing changed over to the new system and all the older cables would be removed possibly by December or most likely Fdbruary Mr Busa said that he understood that they are trying to eliminate the excess wiring on the poles but at what time in the future will everything be buried and going directly into the homes, or will that ever happen? Mr Pinault said that the design for this first unit is for it to go on Hastings Road, just opposite Mass Avenue, strategically located so that it could tie into the system with a minimum amount of conduit It is also placing it so that it could be off the travelled way in the historic districts' area He had appeardd before the Historic Districts Commission and they felt that this was not the location for it so we are looking to place it within the public way rather than encumber the area with this sort of distribttion. The feeder cables beyond the serving area terminal would be upgraded and there would be a I III great number of the older cables removed Once these things are installed, it is wired directly to the interface in its cabinet and in turn comes back to the 312 Selectmen's Meeting - 7 - July 31, 1978 central office where it can be distributed everywhere This particular area was chosen because it is a trouble area and we had a study made to see what could be done to eliminate this particular situation. This is where the con- cept came into being and that is why we are making our presentation to you. All of the new areas in town are required to go underground and we have been working on designing the feeder jobs and to have as much underground as possible This particular location would eliminate some of the aerial feeder distribution We would do something about removing some of the cables within the Hastings Park area, but, again, it is no elimination of all of your over- head wires Mr Busa commented that some people feel that once this happens, everybody will be fed underground and all the poles in the streets will be eliminated except the Edison ones. Mr Pinault said that this is not so; if this were the way to go, there would be a certain amount of expense in those established areas to the property owners that we serve. You just can't come in and make the complete change. Mr Hutchinson said that the concept seems to be sound from a maintenance' standpoint and the Board could endorse the concept with the understanding that each proposal would still come before them on a case-by-case basis Mr. Briggs, Planning Director, asked if there would be a charge to a sub- scriber if he was overhead and went underground? Mr Pinault replied that if we were going to the concept of underground in the whole area, that would be required as there would be a responsibility to meet. Mr Hutchinson felt this was an important question He asked if the Tele- phone Company, while trying to protect its maintenance costs would also expend an additional charge to those homeowners that are currently being served by overhead lines since they are not a new subdivision? IS there a company posture on this? Mr Mirley said that there is a statute; we can't go in and do one without doing the other as it wouldn't be fair to charge one person a fee and not another There would be a flat cost to everybody and that would have to be figured out as to how far you are from the street, etc With the completion of this job, there would be a small cable out there with the individual services to the building. Everything else would be underground Mr Hutchinson stated that the cost would have to be a component of an engineering process when they came before the Board Mr Pinault said that the Telephone Company will be formally petitioning the Board for Hastings Road. He, Mr Yauckoes and Mr Mirley retired from the meeting Transpor- The Transportation Advisory Committee, Mrs Angela Frick, Lexington's tation MAPC representative, and Mr Kenneth Briggs, Planning Director, met with Adv.Com.- the Board. Discussion followed on a request from the Central Transportation CTPS Pro- Planning Staff for recommendations on proposed steps to be taken on trans- posals portation proposals and it was agreed to recommend the following A Proposals to be advanced la MassPool (CPTA) The ongoing MaSSPool efforts, concentrated at the Northwest Industrial Park in Burlington and the Hanscom industrial 313 Selectmen's Meeting - 8 - July 31, 1978 area will continue This effort is being conducted primarily by Mass DPT in cooperation with BITS The impacts of the ambitious carpool/ vanpooling program will be closely monitored The responsibility agency is Mass DPW Recommendation Lexington supports this proposal and suggests they work harder in this endeavor 3a Minuteman Vocational Technical School Access Improvements (CTPA) The need to develop short range solutions to the school access problem, particularly in emergency situations, will be addressed this summer. Longer range solutions will be the subject of further study Recommendation Lexington supports its advancement Its resolution is of critical importance to Lexington B. Proposals to be dropped from consideration in the study lb. Veteran's Hospital Connector to Rte 3 in Bedford (CTPS) Present traffic problems associated with the hospital are primarily due to the use of the complex by Middlesex College This use will be phased out as the college moves to a new site on land to be acquired this summer near the Bedford- Billerica line Recommendation At this time, the Board cannot determine a stand but has asked the Transportation Advisory Committee to review the situation and notify us of the possible impact on Lexington if the proposal is dropped CTPS will then be notified of Lexington's position 2b Relocation of Route 2A in Lincoln and 3b Selective Closings of Route 2A in Minuteman Park Recommendation Lexington supports dropping these from the study 4b Western Ring Road and new East-West Road in Bedford (CTPS) These pro- posed roads would extend from Hartwell Avenue in Bedford to North Road and from North Road to the Middlesex Turnpike respectively They would pass through environmentally sensitive areas and newly developed resi- dential areas and, therefore, do not seem to be feasible (Other ways of facilitating movement from Route 3 around Bedford to the Hanscom Complex will be investigated in the study ) Recommendation Lexington withholds support pending additional information from the Central Transportation Planning Staff on the reasons for drop- ping this proposal from the study 6b Hartwell Avenue Extension (CTPS) The proposal to extend Hartwell Ave in an easterly direction toward Burlington would encroach on wetlands and recently developed residential areas Justification for the project is virtually non-existent in light of the severe impacts which would result Recommendation Lexington supports dropping this from the study 314 Selectmen's Meeting - 9 - July 31, 1978 7b Fringe Parking 128 in Lexington (CTPS) Fringe parking in Lexington near sanitary landfill and Bedford Branch MBTA indicates express service to the core area and the necessary support services, such as fringe parking, will be examined in their study Recommendation Lexington supports dropping this from the CTPS study C Proposal for further study 2c Hartwell Avenue Connector Recommendation Lexington supports continued study of this connector which all recent Boards of Selectmen have unanimously endorsed The Board shares the concern of the Transportation Advisory Committee that the connector not lead to Massport expansion of Hanscom Field 3c Hanscom Ring Road (including consideration of alternatives using a proposed extension of Wiggins Avenue and a proposed Hanscom Drive Connedtor Recommendation Lexington supports further study Mr Briggs, Planning Director, agreed to submit to the Central Transportation Planning Staff the requested population and employment numbers to be used in the comprehensive planning effott October Discussion was held on a request from the Town of Carlisle and it was agreed Trans- to participate in the Minuteman Area Alternative Tranportation Week of October 16 porta. to October 20, 1978, which is to encourage individuals to use an alternative means Week of transportation in the conduct of business including commuting to work. Northeast Mr Hutchinson recommended that the Board authorize membership in the Solid Waste Northeast Solid Waste Council in the amount of $200 000 This would give Council the Town an opportunity to participate in the decision-making process of Dues the proposed North Andover plant, which may be our alternate disposal site Upon motion duly made and seconded, it was voted to join the Northeast Solid Waste Council in the amount of $200 000 High School Mr Hutchinson requested approval of a transfer up to $10,000 for re- Bleachers pairs to the bleachers at the High School This would not allow for full repairs but would allow for approximately 1,300seats We could utilize the Town's work forces and hope to get a favorable bid on lumber to replace the wood. Mr Coscia had submitted the information to him today and we would propose as part of our normal budgetprocess to work on a 3 to 5 year program to replace what bleachers we have The lumber that we would replace right now would still last for a substantial period of time and we feel that it would get us by an immediate situation This is what we feel we can do with a minimum request and it does assume a transfer of some monies which are encumbered in the building maintenance account amounting to $13,000; we think we can meet our fall deadline to do that He had spoken to Dr Lawson and there is some reluctance at this point in time to participate in the fixing 315 Selectmen's Meeting - 10 - July 31, 1978 of the bleachers it is a Town maintenance responsibility but the bulk of use is for the school system He understood Dr Lawson's reluctance as the School Department has geared the budget to a certain type of program. Mr Coscia, DPW Manager, said that 1,300 seats are rotted and condemned and will be taken down. He felt comfortable with having 1,300 seats as the High School Recreation Director has said that the maximum at a game is 1,000 Mr. Busa recommended a budget program of less than 5 years because of escalating costs Also, to meet with the School Department for input on the number of seats necessary Mr. Crain felt that this is a reasonable compromise to an immediate situation and at the next budget sessions to attempt to establish priorities and consider how far to proceed M . Miley agreed. Upon motion duly made and seconded, it was voted to request the approval of the Appropriation Committee for a transfer from the Reserve Fund to Account 6000-Parks in the amount of $10,000 Mr Hutchinson discussed amendments to the Traffic Rules and Orders as Tref Rules recommended by Police Chief Corr Chief Corr and Capt Lima were present at Meter Fees- the meeting Penalties The amendments cover increased parking meter fees, penalties, and by Towing adding a new Section 7A (Towing and holding vehicles) to Article II-Authority and Duties of Police and Board of Selectmen A memo from Capt Lima stated the "one of the problems encountered during the processing of parking viola- tions is the repeat offender of intentional and deliberate scofflaw, one who is a contemptuous law violator Characteristically, this motorist ignores the parking ticket, then ignores the court summons and, accordingly, is de- faulted and subject to arrest if and when he/she is located Therein lies the problem because location of the individual is not always possible It is possible, however, to locate the motor vehicle by its description and regis- tration number if parked within the confines of the town and found to be in violation of a traffic rule and/or order This proposed amendment would authorize us to tow the vehicle and hold it until all parking fines, past and present, were paid in full at the district court It is significant that the usual storage fee is $6 per day while, under this proposal, the storage fee is $2 per day." A memo from Chief Corr stated that the present regulations allow one hour Traffic metered parking on the streets and two hour metered parking in the two lots Rules - The present fee is 104 for two hours, 54 for one hour and 12 minutes pro- Meter Fees portion thereof The amendment, in effect, will eliminate the use of the penny in the meters The new fee will be 5 (nickel) for each 30 minutes and 10 (nickels or dime) for each hour of parking The parking lots which allow for 2-hour parking will have meters that will charge as abovementioned (up to 20 for 2 hours) but will also be designed to accept the "courtesy" quarter (254) to give 2 hours of parking therefor The present police parking meter expense budget has money provisions for the changeover of the present meters to accept the new coins. Upon motion duly made and seconded, it was voted to amend the Lexington Rules and Orders, adopted by the Board of Selectmen November 13, 1967, by 316 Selectmen's Meeting - 11 - July 31, 1978 eliminating the use of the penny in the parking meters The new fee will be 5 (nickel) for each 30 minutes, and 104 (nickels or dime) for each hour of parking The parking lots which allow for 2-hour parking will have meters for up to 20 for 2 hours and designed to accept 254 for 2 hours of parking Chief Corr and Captin Lima retired from the meeting Sewer Mr Hutchinson said that a number of requests for sewer extensions have Extension been received and he felt they should be integrated into the budget process Policy consistent with the current sewer and water extension policy After discus- sion, it was agreed that Mr Hutchinson and Mr. Cohen are to review the policy and the Board will continue the discussion at a future meeting Sewer Adv The Board agreed with Mr Hutchinson's recommendation that the charge Com. Charge to the Sewer Advisory Committee be expanded This will also be discussed at a future meeting Town Audit Mr Hutchinson recommended that the Board sign the memorandum of under- Andersen standing with Arthur Andersen, in the amount of $8,000, for an audit of Lexington's accounts for the period ending June 30, 1978 Upon motion duly made and seconded, it was voted to sign the agreement with Arthur Andersen & Co , 100 Federal Street, Boston, in the amount of $8,000 to audit the accounts of the Town of Lexington for the period of July 1, 1977 to June 20, 1978 Parker School Mr Hutchinson informed the Board that EdCo is now occupying 7,740 sq ft EdCo of the Parker School, generating a revenue of $1,935 per month Employees' Mr Hutchinson requested approval of a handbook covering a summary of Handbook policies and benefits of interest to Town employees. Bereavement leave was briefly discussed and it was agreed that employees may be granted up to a maximum of three days on the death of a member of the immediate family. A decision would be made by the Department Head on an employee's request for four or more days Upon motion duly made and seconded, it was voted to approve the Town of Lexington Employee Handbook Acting Mr Hutchinson requested the Board's approval of an Acting Town Manager Town during his vacation in August Manager Upon motion duly made and seconded, it was voted to approve the appoint- ment of Chief James F Corr as the Acting Town Manager during the period of August 7 through August 14 and Richard M Perry, Comptroller, as the Acting Town Manager during the period of August 15 through August 20 Mr Hutchinson will return from vacation on August 21, 1978 DPW Mr. Hutchinson informed the Board that the bid for the new dozer has been Equipment awarded to Hedge & Mattheis Company in the amount of $22,000 (Budget-$25,000) Personnel Mr Hutchinson recommended the appointment of Mr Harold Page, 3 Bushnell Adv Bd Drive, as a member of the Personnel Advisory Board for a term of office to May 31, 1981 The Appropriation Committee has endorsed the appointment 317 Selectmen's Meeting - 12 - July 31, 1979 Upon motion duly made and seconded, it was voted to appoint Mr Harold Page, 3 Bushnell Drive, a member of the Personnel Advisory Board for a term expiring May 31, 1981, effective immediately Chairman Battin informed the Board that she had attended the regional Nat'l meeting of the National League of Cities held in Boston Workshops covered League taxpayers' revolt and the impact of all federal and state government legis- Cities lation She had attended the workshops on controlling Social Service costs Seminar which were geared to the New England States and small municipalities, partic- ularly for recreation programs that involve the handicapped, retarded and the elderly, and a very important workshop on downtown revitalization in small communities She suggested that the Planning Board contact the speakers for information on their successful endeavors Chairman Battin stressed the im- portance of these workshops and urged Selectmen participation at future meet- ings Chairman Battin informed the Board that the Middlesex County Selectmen's Mdlsx. Association had voted unanimously to appoint a committee to work with Mr County Edward McCann, State Director of Accounts, to develop a rational County Budget budget prosess The Association has appointed a committee consisting of three Selectmen (1 laywer, 2 former finance committee members) , the former V. Chairman of the Mass Association of Town Finance Committees and the Lexington Comptroller, Richard M Perry Chairman Battin discussed the Planning Board's Central Business District Pln Bd Study and the importance of insuring Selectmen's input on transportation and Center traffic Mr Crain agreed to work with the study sub-Acommittee and Mr Study Hutchinson is to talk with the Planning Board Chairman regarding the Select- men's interest in receiving the study committee reports The Board agreed with Chairman Battin's recommendation for periodic, Breakfast informal meetings with major boards and committees to discuss working to- Meeting gether to set goals and priorities, to identify and anticipate problems and Boards & plan for their joint resolution Arrangements are to be made to send letters Committees of invitation to the Chairman of the Planning Board, School Committee, Housing Authority, Board of Appeals, Recreation Committee, Board of Health, Conserva- tion Commission, Council on Aging, and the Youth Commission to attend an informal breakfast meeting on September 6 at 7 30 a.m. in the Selectmen's meeting room Upon motion duly made and seconded, it was voted 4-0 by roll call vote Executive to go into Executive Session, with no intention of resuming the open meeting, to discuss strategy with respect to litigation and a personnel matter 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 �C V ,n111``61\c"a� Executive Clerk, Selec en 318 SELECTMEN'S MEETING AUGUST 14, 1978 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, August 14, 1978, at 7 30 P.M. Chairman Battin, Mr Busa, Mrs Miley, Mr Kent and Mr Crain; Mrs Banks, Assistant to the Town Manager; Mrs McCurdy, Executive Clerk, were present 1979 Mr Perry, Comptroller, informed the Board that the Board of Assessors Tax has not finalized the numbers yet but the projection is for an estimated tax Rate rate of $90 00 Mr Wenham, Assistant Assessor, discussed State Aid of $4,071,786 and State charges of $3,018,835, including the County Assessment of $819,688, MBTA charges of $537,000, County Hospital charges of $56,908,etc. The Board of Assessors will notify the Selectmen of the finalized tax rate and Mr Hutchinson agreed to make arrangements to include in the envelope with the real estate tax bills an explanation to the taxpayers of the breakdown of the 1979 tax rate Library Mr. Hilton and Mr Otis Brown met with the Board to request approval of Roof a transfer of $8,000 to replace a portion of the Cary Library roof, which is about 25 years old and leaks have developed Bids ranging from $7,150 to $7,900 have been received and the contractors are being investigated After discussion, it was agreed to approve the request, subject to approval of the Appropriation Committee 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 #7550-Library Expenses in the amount of $8,000 Transp Mrs Joyce Hals, Chairman, and members of the Transportation Advisory Com Committee met with the Board to present a proposal for intra-town bus service. Intra- The Board discussed the proposal on July 17 and had designated Mr. Crain to town represent the Board at the Transportation Committee meetings Mrs Hals said Bus Sery that they had checked with other communities and then formed their own ideas on what is best for Lexington. We anticipate running four buses over eight routes, eight hours a day, six days a week, from 7 30 a.m to 6 00 p.m We discussed fares and would want to run as small a deficit as possible; children 6 - 10, 154; 11 - 54, 25 ; 55 and over, 15 ; children 1 to 5 years, free of charge We don't think the Town should try to run the service itself but contract it out We have talked to contractors and there is the possibility of using school buses and also using station wagons; if there is not enough capacity we would use extra wagons We would want to hire immediately a parttime trans- portation coordinator for a 20-hr week; we have included $5,000 for promotion to leaflet the Town and have promotion in the schools The cost is estimated at $132,000 to $176,000 and the income would be primarily from fares; we are hoping to get $1,000 in advertising from local merchants Total income-$33,000; net operating costs-$99,676; Lexinton's costs per year-$49,838; 150,000 riders the first year The Committee has received support from the Council on Aging, Recreation Committee, Youth Commission, Chamber of Commerce, Planning Board, Conservation Commission, PTA Council, League of Women Voters, Re-place and Rep. Lincoln Cole of the MBTA Advisory Committee Many towns will be competing for the two grants and the Committee has given us a draft of a letter to the MBTA indicating our strong support for the proposed mini-bus system. The 319 Selectmen's Meeting - 2 - August 14, 1978 MBTA will guarantee $50,000 the first year and, if it proves to be successful program, they would continue to fund it the second year; then the Selectmen and the META would sit down and decide whether it would be an ongoing program. The META understands that implementation would still require Town Meeting approval and, therefore, is not asking for a total commitment at this time. The Board agreed to support the proposal Mr Crain added that by the time the Selectmen put together the priorities for Town Meeting, they might not be able to give priority to this item. Mr Buse said that he would support it at this time but would reserve his vote at Town Meeting. Upon motion duly made and seconded, it was voted to support the proposal for the intra-town mini-bus system in the Town of Lexington Upon motion duly made and seconded, it was voted to set the polling hours State for the State Primary on Tuesday, September 19, 1978, from 7 00 a.m to 8 00 Primary p.m. and to sign the Warrant for the State Primary Chairman Battin read a letter from the Massport Director of Planning Massport/ regarding the implementation of Step 1 of the Master Plan for Hanscom Field Hanscom Mrs Battin said that the Planning Board and Conservation Commission are in agreement with the proposal, which was submitted to the Board on June 5,1978 Mr Bailey, Lexington's representative on the Hanscom Field Advisory Committee, recommends that the Board sign the letter of agreement with Massport and the towns of Lincoln, Lexington, Bedford and Concord that Massport will (1) develop a noise monitoring program for Hanscom Field; (2) provide guidelines and direc- tion for the planning and development of contiguous noise-impacted property in the four towns and will seek their assistance and guidance Upon motion duly made and seconded, it was voted to authorize Chairman Battin to sign the letter of agreement with Massport regarding the imple- mentation of Step 1 of the Master Plan for Hanscom Field Chairman Battin recommended that the Board approve the requests for Theatre licenses Upon motion duly made and seconded, it was voted to sign the Theatre Common licenses for Cinema I and Cinema II for week days and Sundays Also, to Victual]n sign the Common Victualler license for the Lexington House of Pizza, 399 Lowell Street (new owner) Upon motion duly made and seconded, it was voted to grant permission Block for a block party on Oak Park Circle on Sunday, September 17 from 3 00 p m Party to 11 00 p m., with a raindate of September 24, 1978 Upon motion duly made and seconded, it was voted to approve the minutes Minutes of the Selectmen's meeting held on July 17, 1978. Mr Kent said that the next step to be taken, following the passage of Forum on resolutions by the Forum on Aging, calls for action by the Selectmen, Aging notably in the area of the establishment of committees He, Mr Page Resolu- and Mrs Battin had met and had determined that there should be an inter- tions mediate step taken and would therefore propose that the Selectmen authorize the creation of a temporary ad hoc committee, under the aegis of the Town Manager's office, to review these resolutions, particularly No 8-"That the 320 Selectmen's Meeting - 3 - August 14, 1978 Board of Selectmen appoint a Lexington Community Health Committee whose func- tions will include the following A. Innovating community health education programs in cooperation with the Lexington Public Schools, and with the other g P 4 organizations concerned with local and area health education and services for people of all ages, and B Gathering and publicizing information on develop- ments in nutrition, medicine, medical research and physical fitness That this Lexington Community Health Committee have an organizational relationship to an appropriate existing town agency " The ad hoc committee should include a representative of the Council on Aging, the local chapter of AARP, Human Services Council, Board of Health, Board of Selectmen, and the Forum on Aging This is a proposal to deal with the requests which have come from the Council on Aging - that we first run them by a committee of this character, with the request that tt come back to this Board with a recommendation as to what struc- tural creations we should make In response to Mr Busa's question as to a time limit, Mr Kent replied that the time span has to work in relation to the warrant for the Town Meeting and there should be a date in the vicinity of the first of November; to ask for a report from this committee so that the formation of any appropriate warrant article could follow upon that. Mrs Miley questioned if other groups in town who deal with the elderly might be concerned that one particular group, AARP, was included, and if the Council on Aging adequately represents all of them. Mr Page replied that the question could be raised at the next meeting of the Forum on Aging The Board agreed to Mr Busa's recom- mendation that the School Committee representation be included Mr Page, Mrs Banks and Mr Kent are to determine the representation from each committee and the Manager's office is to convene the first meeting Upon motion duly made and seconded, it was voted to establish an ad hoc committee comprised of a representative of the Lexington Forum on Aging, Board of Selectmen, Council on Aging, American Association of Retired Persons, Human Services Council, Board of Health and the School Committee MVMH Chairman Battin advised the Board that she and Mrs Miley had been in- Proposal formed only today by the Office for Children and that there is a proposal being Emerg written by the Mystic Valley Mental Health Center and an agency in the Metro- Shelter politan Beaverbrook area (Belmont, Watertown and Waltham)for an emergency shelter for young people, and this has long been a priority within Lexington agencies dealing with youth LEAA money, $100,000 is available; the proposal must be submitted by this Friday A letter of approval is necessary from one of the towns involved (5 MVMH towns, 3 Beaverbrook towns) The town so approv- ing must indicate a willingness to accept, disburse and monitor the LEAA funds. After discussion, the Board agreed that no action could be taken at this time because of the lack of available information Mrs Banks is to work with MVMH and the Human Services Committee on a proposal to be submitted to the Board of Selectmen Sewer Mrs Banks informed the Board that Mr Hutchinson had reviewed the Sewer Exten Extension Policy with Mr Fred Bailey and, based on discussion, it is recom- Requests mended that Mr Gompers and Mr Collangelo submit the necessary documents to Engineering for consideration and, if all conditions were met, proposals could be submitted for the Board's approval The Board agreed that the documents are to be submitted to Engineering and then to the Board for approval 321 Selectmen's Meeting - 4 - August 14, 1978 Upon motion duly made and seconded, it was voted 5-0 by roll call vote Executive to go into Executive Session, with the intention of resuming the open meet- Session ing,for the purpose of discussing strategy with respect to litigation After discussion, it was voted to go out of Executive Session and resume the open meeting at 10 20 P.M Chairman Battin said that the Board had received a communication today McSweeney from Mr McSweeney's counsel and, as a result, the time of the hearing is uncertain now and we will know more tomorrow Mrs Banks informed the Board that the International Association of Permit Firefighters has requested the use of Depot Square on September 1 to con- duct a blood pressure station; this is being done in conjunction with the Mass. Telethon for Muscular Dystrophy The Police Department has no ob- jection. Upon motion duly made and seconded, it was voted to grant permission to the International Association of Firefighters to use Depot Square on September 1, 1978 to conduct a blood pressure station Mrs Banks submitted a request from the Institute for Government Ser- Cary Hall vices to conduct two time management workshops in Cary Hall on October 10 and October 17 She recommended that the custodian's fee be absorbed by the Town Because of the Selectmen's policy on governmental units paying for the custodian's services, it was agreed to grant permission for the use of Cary Hall on October 10 and October 17, subject to payment of the custodian's fee. Mrs Banks informed the Board that the ad hoc Human Services Committee Human met last week to discuss ways of assuring community interaction with the Services Boston College Interns conducting the human services needs assessment this fall It was decided to create a task force, representing a more broad- based citizen group than they represent, to work with the Boston College group The committee should be formed by late September Mrs Banks reported that the Police Department has received $2,863 Police from the Highway Safety Bureau for pedestrian safety. Expenses for the Dept grant will come out of the Police Department expense budget and a transfer Grant may be required later in the year to cover these costs Mrs Banks requested the Board's approval of a memorandum of agree- Recrea- ment concerning Fair Housing plans and practices As part of the Civil tion Pool- Rights' review of the Conservation/Recreation application for a grant to Commission cover part of the costs of the proposed pool, the Town must provide the Against Commission Against Discrimination with certain assurances that we have an Discrim affirmative action plan on employment and housing if approved, the grant would cover up to 80 percent of the cost of the pool We do have an affirmative action employment plan but we need to show that we have a fair housing plan or that we are moving in the direction of developing one In Illfact, one is being done by the Planning Board for the Housing Authority and Ken Briggs, Planning Director, has read the memorandum of agreement and finds no problem with it We suggest that we furnish the Commission Against Dis- crimination with a date of December 1, 1978 that a draft of a fair housing 32 Selectmen's Meeting - 5 - August 14, 1978 plan would be available and, subject to any necessary Town Meeting action, a document would be available by May,1979 The Commission must act on this by August 31, 1978 Mr Busa Said that he would not accept a fair housing plan as it is now before him until he saw a further draft of what we are committing ourselves to He is working on the Planning Board Housing Committee and they are not in a position to put forth a report by December 1 Further, there is no housing belonging to the Town of Lexington; the only housing we have is under the auspices of the Housing Authority and we would be going on record that we are to have a fair housing policy at some time in the future Mrs Banks said that the Town is simply saying that we would work to enhance fair housing opportunities and she did not feel that rice are com- mitting ourselves in any way to building housing or providing housing We are simply saying that various zoning laws of the Town do not stand in the way of housing opportunities Mr Kent said that Mrs Banks is asking us to authorize the Planning Director, in the preparation of these materials, to indicate our intention to prepare a fair housing plan in draft form by December 1, 1978 for potential adoption at the Town Meeting in March, 1979, if necessary Upon motion duly made and seconded, it was voted 4-1 to authorize the Planning Director to prepare a fair housing plan in draft form by December 1, 1978 for potential adoption at the Town Meeting in March, 1979, if necessary Mr Busa voted in the negative Street Upon motion duly made and seconded, it was voted to accept the recom- Light- mendation of the Town Manager and the Department of Public Works for the Wingate installation of a mercury vapor street light to replace the existing Road incandescent light at the end of Wingate Road, as requested byMr g 9 � Daniel Coughlin, 11 Wingate Road Garfield Mrs Banks informed the Board that the Engineering Department has re- Street ceived a second petition from Garfield Street residents opposing its construction. A letter was sent to the petitioners by the Assistant Town Engineer assuring them that if a proposal is made for Garfield Street within the next fiscal year, a public hearing will be held and they will have the opportunity to voice their position Whitman & Mrs. Banks recommended approval of the contract with Whitman and Howard- Howard for Phases II and III of the Comprehensive Drainage Study in the Comp total amount of $69,900 Phase I was submitted and accepted by the Town Drainage and there are six phases Engineering has worked with Conservation and Study the Planning Board and they feel the contract meets many of their con- cerns It provides for a monthly report over a 12-month period and monthly meetings with staff and members of the various boards It is felt that this will allow more specific recommendations than the first phase Upon motion duly made and seconded, it was voted to authorize the Town Manager to execute the contract with Whitman and Howard for Phases II and III of the Comprehensive Drainage Study in the total cost of the study in the amount of $69,900 323 Selectmen's Meeting - 6 - August 14, 1978 Mrs Banks requested that the Board endorse the recommendation of Mr Edgewood Martin Assistant Town Engineer, that Mr Ronald Brown of 27 Edgewood Road Rd Sewer connect to the Edgewood Road sewer, which is scheduled for 1979, rather Connection than the requested connection to the Wadman Circle sewer which is in the final design stage Upon motion duly made and seconded, it was voted to endorse the Assistant Town Engineer's recommendation regarding the request from Mr. Ronald Brown for a connection to the Wadman Circle sewer system Mrs Banks informed the Board that the Town Manager requests authority Chap 90 to officially withdraw Adams Street and East Street from consideration as Adams St - Chapter 90 projects Mrs Banks answered Mr Busa's question and said East St that the Town Manager has no alternate plan for Chapter 90 money She agreed to follow up on Mr Kent's suggestion to prepare a more detailed Hancock statement for public distribution regarding the status of the problems on Street Hancock Street and to let the townspeople know about the drainage contract problems Mr Busa said that at some point in time we must proceed with the finishing of East Street as it is dangerous and someone could be seriously injured Mr. Kent said that we have committed ourselves to pretty much of a policy of not going forward with Chapter 90 projects until we have gotten at least preliminary blessing from the Town Meeting and he would go back to that body another year with respect to both Adams and East Streets We were right about those streets and we ought to go forward, and at the moment he would like to hang onto East Street, but he wondered if it could be done this year Mr Busa was not in favor of withdrawing streets and then resubmitting them as there might be problems involved with the State The Board agreed with Mr Kent's recommendation that the Town Manager communicate to the State DPW the temporary difficulties that the Town is having with both streets The Board agreed to Mr Hutchinson's recommendation to terminate the Hancock contract with William P Capone Corp for the construction of Hancock Street Street and to readvertise for bids in the late fall However, Mrs Banks is to Contract submit information to the Board as to why the Town must pay $3,000 for termination of contract Mrs Banks reported that the recent sump pump survey conducted by Sump Pump the Engineering Department revealed one illegal connection, one possible Connections illegal connection, one air conditioner cooling water system illegally connected to sewer, one major potential source of infiltration in an unplugged, abandoned sewer, which will be plugged when the Hayes Lane connection is made within the next two weeks Investigation will continue to be made. The Board agreed to start talking about the sewers in late September in order to keep the public advised The Board agreed with the recommendation from the Animal Control Dogs- Officer that the Board of Selectmen authorize the posting of "No Dogs Play- on Playgrounds" signs on all public playgrounds However, the matter grounds was referred to Town Counsel for his opinion before final action is taken by the Board 324 Selectmen's Meeting - 7 - August 14, 1978 Dogs- The Board discussed a report from the Animal Control Officer stating Check that in an effort to alleviate the number of leash law violations, it is Viola- recommended the fee for the first offense dog pick-up fee to $25 00 and tions 50 00 for the second and subsequent offenses Also, because bad checks have been received and people stopping payment on checks, the department proposed to no longer accept checks However, if the Board of Selectmen or the Treasurer's office does not agree, it is felt that the responsi- bility should be with the Treasurer's office to collect the money for the bad checks The matter was taken under advisement until August 28, pending advice of Town Counsel and the Comptroller on the proper method of handling payment by bad checks to the Town Executive 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 a matter of personal reputation After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 11 35 P M A true record, Attest C 9 / Executive Clerk,Selectmen n Y . 325 Ill SPECIAL SELECTMEN'S MEETING August 21, 1978 A special meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, August 21, 1978 at 7 30 P.M Chairman Battin, Mr Kent, Mr Busa, Mrs Miley, Mr. Crain; Mr Hutchinson, Town Manager; Mrs, Banks, Assistant to the Town Manager, Mr Cohen, Town Counsel; Phyllis Smith, Acting Clerk were present The Town Manager asked to be excused for a few minutes to answer questions of the Appropriation Committee with respect to the request for transfer of $10,000 from the Reserve Fund to repair the high school bleachers. Discussion ensued about future plans for the bleachers Mrs Battin indicated the Board had received a request for transfer Transfer from the Reserve Fund for repair to the Library roof in the amount of $7,150, Library the low bid received. She asked the Board if if was their wish to rescind Roof a previous vote of the Board to request $8,000 It was voted to rescind the previous vote of the Board in the amount of $8,000 and it was further voted to request 7,150 from the Reserve Fund to repair the Library roof Mr Hutchinson indicated he had received a request and also an invitation from the International City Management Association asking that Manager's a representative of the Board attend the City Manager's Conference which Conference will be held in Cincinnati in October, the hope being that the Town Manager and Board member could sit in on a goal setting session and make a presentation about where we are in the goal setting process He indi- cated the ICMA has agreed to waive the registration fee for the Board Member and also pick up the cost of the round-trip air fare, amounting to $305 00 The cost to the Town would be approximately $96 00 for two nights' accomodation and meals Mr Busa indicated his opposition to taypayer's money being used for that purpose Mr Crain said he felt it would be a valuable experience. After further discussion the Board voted, four in favor andone opposed to authorize a member of the Board to attend the ICMA Conference in October It was further decided to have the Chairman represent the Board at the Conference Upon motion duly made and seconded, it was voted to approve the bond Bond for the Assistant Town Treasurer, Doris E Barclay, in the amount of $40,000 Upon motion duly made and seconded, it was voted to approve a request Permit for a block party at Woodpark Circle on Saturday,August 26 from 4 00 to 9 00 P.M with a rain date of August 27 Upon motion duly made and seconded, it was voted to approve the suitability of 13 Hazel Road for the Clarendon Family Day Care, Inc as a Incorp mail drop only Upon motion duly made and seconded, it was voted to approve the re- Water quest of Mr. Warren Empey, Acting Director of Public Works, to abate water Abate- bills which were billed in error or from incorrect meter readings submitted ments by the owner. 4 326 Special Selectmen's Meeting - 2 - August 21, 1978 1�Day Upon motion duly made and seconded, it was voted to approve a request Liquor from W R. Grace Co for a one-day liquor license for an employees party on August 24, 1978 Council on Two other items, not on the Agenda were discussed. The Chairman Aging indicated the Board members had received a memo from Bill Sen saying the Lexington Council on Aging cordially invites you to attend the formal opening of its new offices at the Church of Our Redeemer, 6 Meriam Street, on Thursday, August 31, 1978 at 3 00 P.M All Board members expressed a desire to go, with Mrs Battin and Mrs Miley saying they will be going and Messrs Busa, Kent and Crain saying they would try to be there Mrs Battin distributed copies of a letter and draft agenda to go to Town Boards and Committees for a meeting on September 6 The Chairman asked for comments from Board members by Thursday, August 24, on the draft agenda Hancock The Board indicated they could not support a request from the School Historical Commission for funds to clean the exterior of the Hancock Hist Com Condominium Building, Executive Upon motion duly made and seconded, it was voted 5-0 by roll call vote Session to go into Executive Session, with no intention of resuming the open session, to discuss an item that involves reputation and two items that involve litigation After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 11 10 P.M A true record, Attest ting Clerk, Selectmen I 327 Selectmen's Meeting August 28, 1978 The Meeting was called to order by Chairman Battin at 7 30 p m Present were Board Members Robert Kent, Alfred Busa, Chairman Margery Battin, and Mary Miley Absent was Board Member James Crain Also present were Robert Hutchinson, Town Manager and Nancy Banks, Assistant to the Town Manager Phyllis Smith acted as Clerk for the Board The first order of business was the drawing of 8 jurors With each member present picking two names, the following names were drawn Alice Moran of 2648 Mass Avenue, Anne G Davies of 18 Prospect Hill Road, Patricia V Sacco of 2 Payson Street, Martha N Sayre of 8 Hutchinson Road, Marjorie C Jackson of 33 Partridge Road, Elizabeth F Gurley of 42 Laconia Street Nancy T Cote of 6 Bennett Avenue and Victoria T Costa of 315 Lincoln Street Frederick Frick, spokesman for residents of Tavern Lane, sought the Board's help in getting some repair work done on Tavern Lane and to correct some drainage problems. He indicated that if the present drainage problems were corrected and the ravages of the sewer repairs were fixed; the abutters could maintain the Lane He also expressed the concern of the residents that the Lane not be widened, should the Town accept Tavern Lane as a Town way The Board agreed that the Town will take care of the manhole tight away and then explore what is needed to take care of the drainage, we will clean and maintain the existing system necessary and if construction is needed, then the Town Manager will bring it up through the budget process Once it is decided what is need to get the drainage back to the original condition, the Board can then be talking with the abutters as to whether they want to maintain it once we get it back to that condition or whether they want acceptance of it as a scenic route The Town Manager indicated that DPW would go into the area and try to correct things to the satisfaction of the abutters and consistent with the Board's direction At the request of the Acting Chairman of the Traffic Safety Committee, in order to bring about uniformity relative to the issuance of permits for "stop" signs The Board voted to deny the original requestwhichthe Board signed on June 5, because of the alteration in the required language and the Board further voted to sign an amendment for the Cary Avenue "stop signs" The Board voted to qualify the following groups for membership on the Hanscom Field Advisory Committee, with the stipulation that they have a limited number of representation United States Department of Transportation Federal Aviation Administration, New England Region 12 New England Executive Park, Burlington, Massachusetts, 01803 328 Selectmen's Meeting - 2 - August 28, 1979 Citizen's Aviation Policy Association, Box 563, Lexington, Massachusetts, 02173 North Lincoln Association, Brooks Road, Lincoln, Massachusetts, 01773 Sierra Club, Thoreau Group, New England Chapter, 42 Sandy Pond Road, Concord, Massachusetts, 01742 The Board members were given a copy of the intra-town mini-bus system proposal to read and were asked to sign a letter of submission of this proposal to Robert B Kiley of the Mass Bay Transportation Authority The Board members indicated they wanted time to read the proposal and would make arrangements to sign the letter to Mr Kiley The Board voted to approve a request for a Block Party on Dewey Road on Saturday, September 16 from 3 00 p.m to 9 00 p m with a rain date of September 17 The Board voted to approve a request for a change of date for the American Cancer Society Bikeathon from September 17 to October 8 with a rain date of October 15 The Board voted to approve a one day liquor license to ARP Instruments for111 an employee party on September 6 with a rain date of September 7 Mr. Busa asked that Town Counsel look into the legality of charging a $25 00 fee for the license when alcohol beverages are not being sold The Board voted to approve a request from Five Fields for a Square Dance at Stonewall Road on September 2 from 7 00 p.m to 11 30 P.M. The Chairman gave the Board members a suggested additional charge to the Sewer Advisory Committee which she indicated she would like the Board to act on at its next meeting The Town Manager reviewed several items from his Agenda One was a request by the MBTA for a facility to register senior citizens for MBTA identifiaation cards He indicated that Joan Melcher is coordinating this and Cary Hall will be the registration place on September 14 Mr. Hutchinson also stated that the Department of Public Works is reviewing the request from Arlington regarding signs. 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 session, to discuss an item involving a reputation After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was/yoote to adjo rn a 8 45 p m. Ac ng Clerk, e ectmen 329 IIIMINUTES OF BREAKFAST MEETING - BOARD OF SELECTMEN - SEPTEMBER 6, 1978 The meeting was called to order by Chairman Battin at 7 30 A.M. Those present included Mrs Battin, Mrs. Miley, Mr Busa, Mr Kent, Mr Crain, Mr. Hutchinson, Town Manager, Nancy Banks, Assistant to the Town Manager and guests -- Mr Otis, Brown, Chairman of School Committee, Mr Al Zabin, Chairman Planning Board, Mrs Mary Shunney, Chairman Housing Authority, Mr David Williams, Chairman Conservation Commission, Mrs Judy Uhrig, Chairman Recreation Committee, Dr. William Consgrove, Chairman Board of Health, Mr William Sen, Chairman Council on Aging,and Mrs Marcia Feakes, Chairman Youth Commission Mrs Battin opened the meeting briefly outlining the purpose of the meeting and the nedd for committees to work together Beginning with the first item on the agenda, Mrs Battin asked for ideas and comments on how the Boards and committees can better relate to one another in discharging on-going duties and responsibilities Comments included - it is not enough to work with just committees; additional communication is needed - school conversion is a committee of committees and has a built-in communication systems; the problem is when there is no formal communi- cation structure - committees tend to be filled with too many pro people, they need to represent broader view points - must institutionalize communications, but not to the point of abdicating committee responsibility - problem is timing -- decision to communicate often comes too late in process to allow full communication - boards work well on particular issues when boards seek our communication; dialog is started and issues come to the forefront - committees should operate on basis of "no surprizes' Mrs Battin read a section of the Selectmen's proposed policies and procedures, placing responsibility for committee interaction in the Town Manager's office Generally the Chairman agreed that this was an appropriate move I 33® Selectmen's Breakfast Meeting - 2 - September 6, 1978 From the discussion, the Chairmen identified the following list of examples in which interboard relations are working well, need improvement, and do not exist but should. Working Well Need improvement Do not exist but should Transportation Promolgation & Enforcement Brook cleaning School Conversion of Town by-laws Board of Appeal decision Scattered Site Sewage Development Grant Proposal-writing Housing Upkeep of grounds, school for Federal & State and library monies Maintenance of park, recreation and conservation lands Youth Employment Mrs Battin moved to the second item on the agenda, establishing a process for long-range planning, describing the Board's present efforts, looking particularly at fiscal policy and projected tax rates It was agreed that long-range planning is desirable and that a .process for this type of planning should be the responsibility of the Board of Selectmen The Chairman discussed briefly the area of enforcement Recognizing that selective enforcement is unhealthy, it was agreed that by-laws should be reviewed and those that are uninforceable or no longer represent the needs of the community should be changed Mrs Battin moved to the final item on the agenda, committee relationships with staff Comments and suggestions included - staff should better utilize Town Manager's Office - materials sent to committees should be routed through staff It was agreed that this type of dialog was very useful and that it would be valuable to meet again in two months 0 1h Nancy H ks Assistan to the Town Manager I 331 SELECTMEN'S MEETING SEPTEMBER 11, 1978 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, September 11, 1978 at 7 30 P.M Chairman Battin, Mr Busa, Mrs Miley, Mr Kent and Mr Crain; Mr Hutchinson, Town Manager, Mr, Cohen, Town Counsel; Mrs McCurdy, Executive Clerk, were present The Board agreed to sign sewer betterment assessments Upon motion duly made and seconded, it was voted to sign the list Sewer Bet of sewer betterment assessments for Blossomcrest Road Blossomcrest Chairman Battin read a letter from the Traffic Safety Committee in- Traf Safety forming the Board that 25 ft of granite curbing had been installed at the Fottler Avenue entrance to the Hamel Gas Station, 329 Mass Avenue as the existing configuration constituted a potentially hazardous con- dition. Chairman Battin read a letter from the Minuteman School Committee Minuteman regarding the appointment of a representative of Lexington to serve on School the Minuteman School Planning Committee to explore the possibility of Planning expanding the membership of the School District This appointment Com. 11 would be in addition to Lexington's current representative to the School District, Mr Robert Jackson The Board agreed to make the appointment at the September 25 meeting Upon motion duly made and seconded, it was voted to grant permission Permit to the Lexington Arts and Crafts Society for the use of the Visitors' Center grmuadefor an art exhibition on Saturday, September 16, 10 00 A.M- 4 00 P.M Chairman Battin read a letter from Mrs Joyce Hals asking that she Resignation be relieved of the responsibility of attending meetings at the 128 West Council Subcommittee meetings The Board agreed and Mr Hutchinson is to see if a replacement is necessary Ms Sara Chase, Chairman, and Ms Anne Grady of the Lexington Historical Historical Commission met with the Board to submit a statement as re- Commission quested by the State Historidal Commission, regarding major policy issues facing historic preservation today Ms Chase said that as this statement indicates, preservation touches Lexington and we are creating an awareness of something that could be done with special buildings of the town There are older houses that need some atten- tion and there were issues that came up with the Hancock School Some areas in town are not applicable and we are primarily thinking of older nieghborhoods These are suggestions for consideration of issues and are not intended to be binding The Board endorsed the submitted statement plus the recommendation of the additional item that any exercise in planning should include provision for preservation 332 Selectmen's Meeting - 2 - September 11, 1978 111 Upon motion duly made and seconded, it was voted to write to Secretary Paul Guzzi, Chairman of the Massachusetts Historical Commission, submitting the statement of the Lexington Historical Commission for inclusion in the Commonwealth statement of the current issues facing the State historic preservation programs, as follows "Historic preservation must be linked with housing rehabilitation and with neighborhood conservation Preservation can no longer be thought of only as a means of preserving major national landmarks or an an elitist movement for a privileged few Shifting the emphasis to housing and older neighbor- hoods could give many Americans that sense of place and of individual identity which can come only from recognition and appreciation of the past, as it is embodied in architecture Some specific means to this end include 1 Funds for rehabilitation of housing must include provisions for pre- serving historic features and details of buildings 2 Zoning laws must be examined and perhaps altered to permit owners of larger older homes (even in Lexington) to offset costs of maintaining their homes by legally installing rental apartments in their buildings 3 Guidelines for rehabilitating housing and for new construction in ex- isting neighborhoods should include provisions for design and scale compatibility and, in many cases, for design review 4 Building codes must be developed which will make it economically and physically feasible to rehabilitate and adaptively reuse older buildings, keeping historic features intact when they do not create undue hazards to the occupants 5 Any exercise in planning should include provision for preservation In addition, more "consciousness raising" and education about our built environment must be undertaken at every level in the schools Only as architectural history is taught in terms of each town's own neighborhoods and buildings will the felt need to preserve our cultural environment became urgent A third policy issue is the need of far greater application of scientific technology and research to the problems of building conservation At present, architectural conservation is in the hands of many who have no firmly based scientific approach to solving the difficulties of preserving old buildings Energy conservation in preservation is a vital issue Researchers are be- ginning to be able to compute with some clarity the actual energy savings obtained by reusing already-existing buildings, rather than indulging in I 333 Selectmen's Meeting - 3 - September 11, 1978 wasteful demolition and new construction In addition, more and more possi- bilities for retrofitting insulation in older buildings are appearing Finally, the relationship between historic preservation and conservation of our natural resources should be more clearly defined Both contribute sig- nificantly to the quality of everyday life Especially in Lexington, where the few remaining farmsteads are reminders of a part of the town's history which has nearly disappeared, these buildings should be preserved in their original settings, with as much of the accompanying land as possible left open " The Board agreed to forward a copy of the Lexington Historical Com- , mission's statement to the Planning Board, Housing Authority, School Sites Conversion Committee, and the Building Commission, with a memo suggesting that they may wish to address the involved policy planning and enforcement issues with the Lexington Historical Commission Ms Chase and Ms Grady retired from the meeting The Board agreed to extend the Wild Acre Inn license Wild Acre Upon motion duly made and seconded, it was voted to extend the License Lodging House license for the Wild Acre Inn, 50 Percy Road, from Sep- tember 1, 1978 to December 31, 1978 Mrs Shunney, Chairman, and members of the Lexington Housing Author- Housing ity met with the Board Authority Chairman Battin said that the School Sites Conversion Comittee has asked that the Housing Authority meet with us to discuss the future use of released school buildings and, also, housing needs in the town She read a letter from the Board to the Housing Authority stating, " since we are lacking in housing accomendations for those of modest means who do not qualify for elderly units, town policy should be directed to address this shortage We and our staff would be pleased to work with the Authority and whatever developers or groups are interested to initiate whatever pro- cess is needed to find funding, etc for such programs in Lexington " Mrs Miley said that an emergency law, which sets forth the authority of Housing Authorities, was approved on July 24, 1978 and this would mean that non-profit organizations would work in concert with Housing Authorities on this type of thing. In response to Mrs Shunney's question, Mrs. Miley is to get the information on whether a non-profit organization would be able to apply for funds and then ask for the cooperation of the local Authority In order to satisfy the law, we need a total of 1,000 units of low and moderate housing, which they call family housing (MAPC figures were for 1,300 but this number was reducted) Now we just have housing for the elderly, 16 at St Bridgid's and six for Interfaith We can't keep saying that, down- stream, we are going to do this because downstream will take years and years We didn't get the 60 units at Countryside and it is questionable whether the town could get the 60 units without a further commitment for family housing Mr Scanlon, Housing Director, said that under Section 8, the Housing Authority could go out and issue its owne bonds This new legislation may have done something enabling the Housing Authority to issue their (developers) bonds In talking with HUD, there is llb money available to private de- velopers 334 Selectmen's Meeting - 3 - September 11, 1978 During the discussion, Mr Busa, Mr Kent and Mr Crain felt that because of a lack of information the Board could not make a statement that non-profit developers should become involved at this time and, also, there should be a master plan that proposes elements of the needs of the town Mrs Shunney said that the charge to the Planning Board's Housing Master Plan Subcommittee is to make some ,proposals to the Town Meeting We all have to think seriously about how much we want to accept and how much to give up, and we can't disregard the people of Lexington. Mr Kent pointed out that the Board of Selectmen, in conjunction with a recent grant application (pool) , had committed itself to a housing plan It was agreed that Mr Busa, a member of the Housing Subcommittee, is to ask the subcommittee to address the concerns of the Board. Members of the Housing Authority retired from the meeting Sewer The Board reviewed and voted an addition to the charge previously Advisory given to the Sewer Advisory Committee - to serve as an integral part of Committee the Selectmen's review and hearing procedures before the commitment of Add'l funds to any sewer projects The procedures outlined to Town Meeting Charge were 1 Administrative review of proposed sewer project or package Sewer Advisory Committee to participate and then review and comment 2 Review and comment by other concerned boards, e g , Board of Health, Planning Board, Conservation Commission, Board of Appeals 3 Selectmen's full hearing at a regularly scheduled meeting of the Board -- the sewer Advisory Committee to attend and ask questions and comment as requested by the Board Before making its final decision, the Selectmen agreed to have the following information The specific recommendation of the Board of Health. Petition results -- number of proponents and opponents The construction cost per house and the betterment to be assessed per house The potential development of adjacent land if a sewer is installed The Sewer Advisory Committee is to work closely with the Town Manager to put this review process into operation, as promised the Town Meeting Mr. Hutchinson is to report back to the Board after a discussion with the committee on the betterment formula, the legality of the town constructing private sewer disposal systems, and the cost effectiveness of the town DPW doing much of the actual sewer construction 335 Selectmen's Meeting - 4 - September 11, 1978 Mr. Hutchinson recommeded approval of requests for the use of Cary Cary Hall Hall Upon motion duly made and seconded, it was voted to grant permission to the following for the use of Cary Hall Masterworks Chorale on December 2, 3, 15 and 16, 1978; May 12 and May 13, subject to payment of custodial fees and Policemen and Firemen when necessary Lexington Pre-School PTA/Lions Club Eye Screening Clinic on October 15, 1978, subject to payment of custodial fee Lexington Recreation Department for the kitchen area to conduct children's arts and crafts classes on Thursday afternoons from September to April, 1979 Mr Hutchinson recommeridedapproval of the recommendations of the Classifica Classification Review Board to upgrade the classification of the Super- Review Bd - intendent of Cemeteries from an M-3 to M-4 position; also, to establish D P W the position of Mechanic's Helper (W-3) in the Department of Public Works Under Warren Empey's proposal, a W-2 position in the Highway Division is being abolished and a new W-3 position is being established in the Mechanic's division The cost of the new position will be ap- proximately $200, annually We are trying to get an apprentice program going for mechanics rather than just an entry level labor program at W-2 No additional personnel would be involved Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager and the Classification Review Board to establish the position of Mechanic's Helper at the W-3 level in the Public Works Department Mr Buse stated that the ADL report did not indicate upgrading the position of Cemetery Superintendent He asked if Mr Spiers has taken on additional duties? The Board agreed to table the matter pending a report from the Town Manager referencing the responsibilities of the Cemetery Superintendent and the reasons for the recommended change in classification Mr Hutchinson reported to the Board that bids on the bleachers Bleachers will be received on September 24 and by the middle of October we antic- ipate having approximately 1300 seats available Dr Lawson and Mr Lord will recommend to the School Committee that the Minuteman Vocational School grounds be used for the first two football games In response to Mr Kent's question whether a judgment had been made on the need for the original 2500 seats, Mr Hutchinson pointed out that if Lexington has a winning season, we have quite a following This is an area to be discussed during the budget review process The Board agreed Mr Hutchinson recommended that Contract 79-2-E be awarded to the lowest Contract bidder, Starrett Paving Corporation, in the amount of $55,786 25 79-2-E Upon motion duly made and seconded, it was voted to award Contract 79-2-E III to Starrett Paving Corporation, in the amount of $55,786 25, for street re- surfacing on Waltham Street, Idylwilde Road, Fletcher Avenue, Sherburne Road, 336 Selectmen's Meeting - 5 - September 11, 1978 Kendall Road, Worthen Road, School Street, Muzzey Street, Center Playground- Basketball Court; subject to approval of Town Counsel as to bid form. Mr Hutchinson reported that - Tax Bills 1 Tax bills are being sent out this week, with the message to the taypayers on the breakdown of the tax rate Parking 2 The new parking meters are being installed (increased feet Meters 3. The informational meeting on scattered sites will be held on Scattered September 21 at 7 30 P M in Estabrook Hall on the scattered Sites sites The Town Manager and the Housing Authority will be Meeting there. This will involve the process, timetable, and the location of the sites It is being emphasized that this is for informational purposes only and it is not the time to ask about what decisions are to be made as the proposals are still not available Mr Hutchinson agreed to report to the Board in September on sewer rehabilitation and the cherry sheet Land Gift Mr Cohen recommended that the Board sign the acceptance of a gift Conserv from Prescott D and Charlotte Crout of a conservation easement for the Eastment protection of the natural and watershed resources of the Town This is Crout adjacent to the Daisy Wilson land, which we have not acquired yet Mr and Mrs Crout signed the deed last Friday and, after the Board signs, it will be sent to the Secretary of Environmental Affairs for his approval Upon motion duly made and seconded, it was voted to sign the deed accepting the gift of a conservation easement from Prescott D Crout and Charlotte L. Crout of Lexington The Board discussed and agreed that - 1 Meetings on the first and third Mondays would be devoted to Selectmen's routine business; policy and planning issues would be dis- Items - cussed on the second and fourth Mondays in the month Meetings Assignments 2 A draft of the Policies and Procedures Manual would be given to the Board on September 22 for discussion on September 25 3 In addition to Mr Crain, Chairman Battin is to work on de- veloping a process for town-wide long range planning, to include the setting of goals and priorities 4 Four of the Selectmen's meetings are to be held at evenly spaced intervals in four quadrants of the town Regular Board business will be covered and special attention will be given to the issues and concerns of the citizens presents Mrs. Miley is to make arrangements for the first meeting to be held on October 30; also to come back to the Board with recommendations on improving better communication with the citizens 337 $electmen's Meeting - 6 - September 11, 1978 5 Mrs. Miley and Mr Kent are to continue relaying the concerns of the Selectmen and the major Boards and Committees to the County (Miley) and the State (Kent) 6 Board members are to continue with the following assignments Mrs. Battin;. MAPC Representative; Liaison Mass Municipal Associations; Long range planning Mr. Busa Dog Hearing Officer; Housing Master Plan Subcommittee; CATV Committee Mrs Miley Middlesex County Advisory Board Representative; Sdhool Sites Conversion Committee; Board of Appeals' decisions Mr. Kent Legislative Liaison; Executive Committee of Library Trustees; Police Manual Policy Committee; Lexington Forum on Aging Mr. Crain Human Services Liaison; Center Revitalization Study; Intra-town transportation proposal; Long range planning The Board discussed the reorganization of the Selectmen's Office Selectmen's Chairman Battin read the recommendations of the Chairman of the Board of Office Selectmen, the Executive Clerk and the Town Manager stating "In view of Reorgani- the increasingly onerous burden of property taxes, we recognize the zation Selectmen's responsibility to carefully scrutinize all budgets, in- cluding our own, in order to effect economies of staffing wherever possible, and recognizing that certain functions of the Selectmen's Office are a holdover from the days prior to the establishment of the Town Manager when the Board of Selectmen functioned as chief admin- istrative officers of the town - and recognizing the wish of the Board of Selectmen to emphasize the importance of the "executive" rather than the clerical role of the Board's Executive Clerk, recommendations are made to the Board for restructuring the Board's office, that the responsibility for functions of primary importance should logically remain with the Selectmen's Office, although the clerical help needed to accomplish them may be drawn upon from other departments through the Manager's Office Other functions currently handled by the Selectmen's Office should be transferred to the Town Manager's Office, the Department of Public Works/ Engineering, and the Town Clerk " During the discussion, Mr Busa did not agree with the recommendations and stated that he felt there would be an erosion of the responsibilities of the Board of Selectmen if the changes were implemented Upon motion duly made and seconded, it was voted 4-1, Mr. Busa voting in the negative, that the following functions are to remain with the Select- men's Office, with the clerical help needed to accomplish them being drawn from other departments through the Manager's Office 338 Selectmen's Meeting - 7 - September 11, 1979 *1 Complete, detailed set-up and follow up (including minutes) of Selectmen's meetings, budget meetings and special meetings of the Selectmen, including scheduling D P W hearings as part of regular Selectmen's meetings *2 Answer correspondence addressed to the Board and assist the Chairman and the Town Manager in answering the public's questions about the decisions and work of the Board *3. All secretarial work for Town Counsel, including processing requestsfor payments under Town Meeting Articles *4 Liaison with the public on all personal and telephone contacts. *5 Prepare warrants for Annual Town Meeting; Special Town Meetings, Primaries and Elections; arrange for printing and delivery of same 6 Handle all dog complaints and set up hearings as required 7 Process applications and issue licenses, i.e , taxicabs, auctioneers, common victualler, guides, all liquor licenses, theatres, etc 8. Prepare list of annual appointments 9 Prepare jury list 10 Schedule Board appointments and hearings on requests from Boston Edison Company and the New England Telephone Company for pole and conduit installations (all clerical work necessary prior to and following hearings to be handled by D P.W - see below) 11 Prepare budgets for Selectmen's Office, Law Expenses and Fees, Elections and Town Meeting Warrant expenses 12 Notorize documents for the Board of Selectmen Process liquor identification cards Purchase Selectmen's Office supplies File all Selectmen's correspondence Certify the Selectmen's Office payroll. * Functions of primary importance The following functions currently handled by the Selectmen's Office are to be transferred to The Town Manager's Office 1 Scheduling and staffing Town Office switchboard 339 Selectmen's Meeting - 7 - September 11, 1978 (Town Manager, cont'd) 2. The clerical preparation and publication of the Town Report (the administrative responsibility for this was assigned to the Town Manager last year) 3 Scheduling Cary Hall. 4 All secretarial, clerical work associated with street,sewer and water hearings To the Department of Public Works/Engineering 1. All secretarial and clerical work associated with Boston Edison Company and the New England Telephone Company petitions and hearings 2 Preparation and publication of Town maps. To the Town Clerk Notification to Election Officers of appointment by the Board of Selectmen The Town Manager and the Executive Clerk are to come back to the Board on November 6 with a report on the operation of the Selectmen's Office under the above-voted changes The Board agreed to table the discussion on the staffing pattern of the Selectmen's Office until the meeting of September 18 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 meeting, to discuss strategy with respect to litigation, land negotiations, and a matter of personal reputation After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10 45 P.M. A true record, Attest xec�lerk Selectmen 340 SELECTMEN'S MEETING September 18, 1978 , A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, September 18, 1978 at 7 30 P.M. Chairman Battin, Mr Busa, Mrs Miley, Mr Kent and Mr Crain; Mr Hutchinson- Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assistant to the Town Manager; Mrs McCurdy, Executive Clerk, were present NET&T Co Chairman Battin opened the hearing on the New England Telephone Company Conduit petition to lay conduit on Lincoln Street, east of Marrett Road Lincoln St Notices of the hearing had been sent to the abutters, as listed on the petitioner's plan, and filed with the Public Works Department Mr Daniel Yauckoes, representative of the Telephone Company, said that this petition is to request permission to install the underground conduit to service the Curtin Realty Trust Office Building. A report from Mr Warren Empey, Acting Director of Public Works/Engineer- ing,recommended approval of the petition No one was present in favor or in opposition and Chairman Battin declared the hearing closed Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone Company for the following location Mr Crain ab- stained Lincoln Street on the northerly side, from existing pole 55/43 located. approximately 183'+ east of Marrett Road, westerly, approximately 75'+ to private property #271 Lincoln Street; approximately 75'+ of conduit. NET&T Co Chairman Battin opened the hearing on the New England Telephone Campany Conduit/ petition to lay conduit on Massachusetts Avenue and to install one manhole Pedestal and one pedestal terminal on the easterly side of Hastings Road Mass. Ave Notices of the hearing had been sent to the abutters, as listed on the Hastings Rd. petitioner's plan, and filed with the Public Works Department Mr Daniel Yauckoes, representative of the Telephone Company said that this a rather large conduit request to rehabilitate the Massachusetts Avenue/ Cedar Street area and it is designed to improve the service Chairman Battin read a report from Mr Coscia, Acting Director of Public Works/Engineering, recommending that the petition be approved All excava- tions near the tree roots shall be done by hand-digging and the pedestal terminal shall be landscaped to the satisfaction of the Lexington Tree Warden. A letter from the Chairman of the Historic Districts Commission stated that the Commission had no objection to anything done below ground However, we do oppose the erection of a pedestal terminal in Hastings Park as the Tele- phone Company well knows by a Notice of Determination dated April 12, 1978 disapproving their application If it is their position that the pedestal terminal is not in Hastings Park, we disagree We consider that the Park includes the entire area up to the paved road used by motor vehicles Any other interpretation would make a mockery of a statute designed to protect the beauty of the park We, therefore, recommend that the petition be dis- approved. , 341 Selectmen's Meeting - 2 - September 18, 1978 Mr Coscia was present and informed the Board that the plan shows the layout line and the Historic District's line as one and the same However, there is a distance of 12 feet from the edge of the pavement to the H D line and we own it as a public way; therefore, there is no jurisdiction of the Historic Districts Commission The proposed pedestal size is 6 feet instead of the one shown on the plan as being 5 feet high At this point in time, he only opposed the height of the pedestal Mr Louis Visco, 2118 Massachusetts Avenue, Mr James Sullivan, 14 Hastings Road and Steven Sitzman, 6 Hastings Road, were present as abutters and asked for more information from the Telephone Company on the location of the pedestal terminal and the effect on their property. The Board agreed that more information should be presented by the Telephone Company on the location and size of the pedestal terminal. Upon motion duly made and seconded, it was voted to table the New England Telephone Company petition to lay conduit and install a pedestal terminal in the Massachusetts Avenue/Hastings Road area Mr Crain did not take part in the discussion and abstained from voting The Board voted to approve a request for a bake sale and a block party Permits Upon motion duly made and seconded, it was voted to grant permission to the Pilgrim Church for a bake sale on the Visitors' Center grounds on October 5 from 10 00 a.m to 2 00 p.m Also, to grant permission for a block party on Clyde Place on September 30 from 2 00 p.m. to 7 00 p.m Upon motion duly made and seconded, it was voted to approve the minutes Minutes of the Selectmen's meetings held on July 31, 1978, August 21, 1978, and the executive session of August 28, 1978 Upon motion duly made and seconded, it was voted to proclaim the week Prodla- of October 2 through October 7, 1978 as United Way Week mation Upon motion duly made and seconded, it was voted to sign Contract Contract #79-2-E, awarded on September 11, 1978 to Starrett Paving Corporation, #79-2-E Marlboro, for street resurfacing in the amount of $55,786.25 subject Street to approval of Town Counsel as to form. Resur- Mr Hutchinson recommended that the Board award the contract for a facing fire truck to the second lowest bidder, Continental Fire Truck of Hopkinton, Mass which includes a trade-in vehicle The lowest bidder, Maynard Fire Fire Apparatus did not meet the specifications Truck Upon motion duly made and seconded, it was voted to award the contract for a fire truck to Continental Fire Truck of Hopkinton, Mass Upon Mr Hutchinson's recommendation, the Board voted to send a letter MAPC 208 to the Executive Director of the Metropolitan Area Planning Council concern- Water ing a review of the draft copy of the 208 Area-wide Water Quality Plan and Quality to include specific comments from town boards and staff Generally, the town agrees with the recommendations and in a number of cases has already implemented them, including the proposed model Sewer Use Law now effective in Lexington; a number of other recommendations will be implemented in the near future Some areas, valuable to Lexington, are not addressed, such as 342 Selectmen's Meeting - 3 - September 18, 1978 no reference to the Shawsheen and Mystic River Watersheds The Town could have a substantial impact on these and they should be reviewed to obtain a more comprehensive review of drainage in Lexington There is incorrect information in the report stating that the Lexington landfill is located on the Munroe Brook and is one of the two primary pollution sources to the brook There is no landfill on the Munroe Brook. Also, the cost data used appears to be out-of-date, based on our cost estimates Sewer Ext Mr Hutchinson recommended that the Board approve the requests of Mr Colangelo & Colangelo and Mr Gompers to extend sewers to service property that they Gompers own on Hartwell Avenue Sewer lines would be in the public way and it would be necessary for the town to put them in as part of the overall sewer program The advantage that we would gain is that we do not have to expend that money to put in sewer lines for the developers These lines should be authorized as they pose no technical problems and they must meet the requirements of the Board of Selectmen's sewer Policy DPW is somewhat concerned abut this process but Fred Bailey has pointed out that the policy was designed to accomodate these types of requests The Colangelo project would require the installation of approximately 600 linear feet of 8" gravity sewer main along the westerly sidelines of Hartwell Avenue from lot 10 on Assessors' Map 74 to the existing Sewer near the common boundary line between lots 8A and 9 on Hartwell Avenue. The Gompers project would require the installation of approximately 700 linear feet of sewer force main along the westerly shoulder of Hartwell Avenue from a proposed privately owned and maintained sewer pumping station on lot 4, Assessors' Map 80, to the existing sewer at the intersection of Hartwell Place After discussion, the Board agreed to both sewer extensions Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager and to grant permission to Mr Michael Colangelo to extend the sewer at 20 Hartwell Avenue, and to Mr David Gompers to extend the sewer line to service Kiln Brook Office Park at Hartwell Avenue, subject to the requirements outlined in the Selectmen's Sewer Policy Mr Hutchinson agreed to make the necessary arrangements with Mr Colangelo and Mr Gompers Hancock Mr Hutchinson informed the Board that the lottery had been held for Condominiums the Hancock School condominiums and nine of the eighteen units are to be for Lexington residents Sump Pump Mr Hutchinson reported that at the present time we have had twelve Violations responses to the notice concerning sump pump violations; 7 have been con- firmed violations, 3 have proposed taking action for correction, and we are dealing with the others In most areas, it was found to be a simple correction Also, dye-testing will be conducted in the Grant Street/Saddle Club area, and the Hayes Lane By-pass is now completed and being reviewed with Whitman and Howard in order to alleviate some of the problem areas, especially in the Center Mr Hutchinson will report back in a month 343 Selectmen's Meeting - 4 - September 18, 1978 Chairman Battin discussed a memorandum from the Lt Governor's Lt Gov.Memo office concerning federal-state-local issues which were reviewed at a Fed/State meeting of the Local Governor's Advisory Committee Several items are of Local interest to Lexington The most serious cuts proposed are for CETA; Massa- Issues chusetts could lose $49 million if all cuts go through The one they were particularly pleased about was the Labor Intensive Public Works, which is for a reconstruction and rehabilitation program. This relates to the re- habilitation and reconstruction of sewers The Lt Governor's office sug- gested that in order to take advantage of this, each town's Public Works Department should make a rough inventory of what they would like to do and in what order Regarding Section 312- HousBRehabilitation Loans, it looks as though the Adminstration-proposed $150 million increase will go through. The Board agreed to notify the Housing Authority to be ready if and when that money comes through Livable Cities (HUD) - the Admin- istration proposed a $20 million program to provide grants to local govern- ments, private non-profits, community organizations for projects which have the potential for revitalizing communities, enhancing community identity or pride and for contributing to expanded cultural opportunties for low and moderate income residents in cities Chairman Battin said that possibly our Senior Center might qualify for this and we should keep informed Urban Parks-the Administration had proposed a $150 million a year 5-year pro- gram for matching grants to rehabilitate parks and recreational facilities in hard-pressed urban areas - they suggested that even suburban areas do an in- ventory on our recreation and open space needs, and it was agreed that the Town Manager is to alert the Recreation Committee of this potential increase On August 16, the President signed four executive orders, one of which es- tablishes a process to study the urban and community impact of agency activities by requiring agencies to prepare impact analyses on major policy initiatives This is similar to an environmental impact statement but would also cover the financial impact of any proposed federal action The Board continued the discussion of the memorandum of recommendations Selectmeris of the Chairman of the Board, the Town Manager, and the Executive Clerk Office concerning the staffing pattern to accomplish the Selectmen's Office re- Reorganize organization Chairman Battin said that we three agree that the Executive Clerk and her assistant should be permanently stationed in the Selectmen's Office The Chairman and the Executive Clerk believe that the assistant should be an employee of the Board, chosen by and responsible to the Exec- utive Clerk, with the approval of the Board However, the Manager has mixed views and feels that the assistant could also be on the Manager's staff and permanently assigned by him to the Selectmen's Office Chairman Battin said that,under this option, she raises the question of divided loyalties Upon motion duly made and seconded, it was voted that the position of the Chairman of the Board and the Executive Clerk be adopted relative to continuing the procedure that the Executive Clerk's assistant be am em- ployee of the Board, chosen by and responsible to the Executive Clerk with the approval of the Board 344 Selectmen's Meeting - 5 - September 18, 1978 Sel/Mgr's Chairman Battin said that it is unclear- at this time where a third Staff person should be assigned It is the opinion of the Manager and the Chairman that all additional staff needed should be the Manager's staff and be on call of the Executive Clerk as needed to carry out the work of the Selectmen, with the understanding that the Board will decide what priority is to be given its business There are certain things we will say we need to be done by a certain date The Executive Clerk disagrees with this position and feels that a third person should be a permanent part of the Selectmen's staff but available to work on other town busi- ness when not occupied with Selectmen's duties Mr Hutchinson said that we feel that, administratively, we can carry out the duties of this organization by working with staff under the Manager Mrs McCurdy said that the third person should be part of the Selectmen's staff because of the heavy workload and the necessity of fulfilling the Board's requests immediately Mr Busa was in favor of the third position being assigned to the Selectmen's Office Upon motion duly made and seconded, it was voted 4-1 to approve the recommendation of the Chairman of the Board and the Town Manager that all additional staff is to be the Manager's staff and be on call of the Executive Clerk, as needed, to carry out the work of the Select- men, with the understanding that the Board will decide what priority is to be given its business Mr Busa voted in the negative The Board agreed to assess the matter in two months, or earlier if the situation warrants discussion Executive Upon motion duly made and seconded, it was voted 5-0 to go into Session Executive Session, with no intention of resuming the open meeting, for the purpose of discussing strategy with respect to litigation and real estate After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 8 55 P M. A true record, Attest J? Eju1I \CCLL4JLj cutive Clerk, Selectmen 345 SELECTMEN'S MEETING SEPTEMBER 25, 1978 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room on Monday, September 25, 1978, at 7 30 P M. Chairman Battin, Mr Buse, Mrs Miley, Mr Kent and Mr Crain; Mr Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Mrs Banks, Assistant to the Town Manager; Mrs. McCurdy, Executive Clerk, were present. At the request of the Town Clerk, the following jurors were drawn Jurors Leighton S. Foster 30 Roosevelt Road Carmela Sepa 5 Bryant Road Marvin J Gaut 6 Pheasant Lane Sherman M Wolf 3 Lawrence Lane Gary J Geissler 214 Lincoln Street Marco C Lanza 1994 Massachusetts Avenue Patricia Wood Nichols 303 Marrett Road Edna Louise Smith 140 Worthen Road Mrs Martha Wood, Chairman, Mrs Lilah Groisser and Mr Robert Bowyer, TMMA TMMA Executive Committee, met with the Board to discuss the possible in- terest of the Board in clarification of articles in the warrant for the next Town Meeting They suggested changing the format of the wording of the articles and that more information be given on the location of land Warrant articles and perhaps insert maps in the warrant Also, to include a Study caspule description of what the Town Meeting is going to consider They felt that more "understandable language" would be of great assistance to TMMA and citizens, and they would be willing to study and make recommen- dations to the Board for the next warrant The Board agreed and TMMA is to make arrangements to meet with the Appropriation Committee to obtain their views, consult with the Town Manager and Town Counsel, and then come back to the Board before Novem- ber 1 with recommendations The TMMA members retired from the meeting Chairman Battin welcomed the Boston College interns who are conduct- Human Servs ing a survey of human resources and needs of the Town of Lexington She B C Interns said that the Appropriation Committee had asked us to develop a plan and a planning process, and we are fortunate that an agreement with Boston College enables us to use their students Four of the five interns were present and Ms Mary Forgey explained the projest on human needs assessment and how they can be met The ad hoc Human Services Council and several other citizens are working with them. Chairman Battin added that Selectmen Crain is our liaison and would be the Board's representative to work with them and Mrs Nancy Banks, Assistant to the Town Manager, is coordinating the project 346 Selectmen's Meeting - 2 - September 25, 1978 Ms Forgey said that it will be a 3-way approach, (1) talking to key informants and identifying issues; (2) identifying agencies and conducting agency surveys We will be going there next year to get information on the client and utilization pattern; (3) a citizens' survey on what they perceive for the community, general awareness of elective agencies and familiarity with them, and to let the citizens identify priorities and let them decide where their budget money should go Right now a sampling technique is being worked out and consultants at the school are working to get representative samples Discussion followed on what constitutes a human service in the town budget and Mr Hutchinson said that his concern, administratively, is on identifying that portion of the budget related to human services Chairman Battin reiterated that the Boston College interns will be working with Mr Crain, and they retired from the meeting Resignation Chairman Battin read letters of resignation from the Town Celebra- Town Cele b. tions Committee and the Traffic Safety Committee Committee Upon motion duly made and seconded, it was voted to accept with re- gret the resignations of Leo M Gaughan and Edward W. Turner as members Traffic of the Town Celebrations Committee, and Elaine Dratch as a member of the Safety Com. Traffic Safety Committee. Upon motion duly made and seconded, it was voted to appoint the following members of committees Town Celebrations Committee Miss Karen M Gaughan, 32 Liberty Avenue. Traffic Safety Committee Mr Fred D Rosenberg, 165 Wood Street and Mr Robert P Trask, 217 Waltham Street Minuteman School Planning Committee Mr James Wood, 51 Gleason Road Permits Upon motion duly made and seconded, it was voted to approve the fol- lowing requests Lexington Minute Men to use the Battle Green on October 22, 1978 for the installation of officers W R. Grace Employee's Association for a 1-Day Liquor license for October 5, 1978 Hanscom Field for the use of the Lexington Town Seal on the com- missary wall To approve a change of address (mail drop) for The Master Singers,Inc to 1 Carley Road, Lexington, on the Certificate of Incorporation Menotomy Minutemen to march from the Arlington line to the Bedfor line on October 8 at 10 00 a.m - to be coordinated with the Police Department Jot Selectmen's Meeting - 3 - September 25, 1978 Mrs. Miley discussed the request from the Board of Appeals for comments Board of before a decision is made on petitions for variances on existing setbacks Appeals She said that, apparently, some of them are to correct past decisions A Variance form is circulated to us, the Planning Board, Conservation Commission and the Engineering Department, asking for input The request is on individual petitions and we do not have to go through every one and make a decision After discussion, it was agreed that the Selectmen could not set a policy as decisions are within the guidelines of the statutory functions of the Board of Appeals However, the Selectmen could make comments on a petition for a variance for a new building to be constructed Mrs. Miley informed the Board that Mr Wadsworth, Chairman of the Colangelo- Board of Appeals, had asked for the Board's comments on the Hartwell Hartwell Avenue commercial area, which is being built up A petition has been Ave area received from Mr. Michael Colangelo for a BOA hearing for a special per- mit under the Zoning By-Laws to build a 2-story addition to the rear of 24 Hartwell Avenue for office use and cafeteria space for employees of Data Resources, Inc The Selectmen agreed that although the Town Meeting has rezoned the area, the problem now is how to control expansion and possible future violations Mr DiMatteo, Building Commissioner, is to be asked for his recommendations on requests for new buildings in the Hartwell Avenue area Mr White, Chairman, and members of the Appropriation Committee, Mr. Perry, Comptroller, and Mr. Wenham, Asst Assessor, met with the Board Mr. Hutchinson said that the Town is now operating on a budget of ap- App Com proximately $32 million and we are raising $23,746,408 on the tax levy; specifically, as it relates to the town, we are running in excess of $16 million for our schools, $12 million for our municipal operation, and state and county assessments, etc amounting to almost $4 million We will look at the general picture and some of the major costs that are carried in this budget right now and where we are going The Appropria- tion Committee will express their feelings for the next year and the Board, who has been working on this, will have some ideas of how to tie it together Mr Perry summarized the cherry sheet items, including state aid and state and county charges Mr Wenham explained the tax rate computation resulting in an increase from $88 40 to $90 20 Mr White said that he had no comments about a magic formula that they are going to come up with about the next fiscal year but it is obvious that we are going to see a lot of political action on cost reduction, more efficient government and, certainly, stabilizing and hopefully declining taxes Thre is no question butthat Proposition 13 or 2.5 will take some form in the town We look at the area of personnel and think in terms of cross-training police and fire; there will be some problems in using our employees more efficiently We are adamently opposed to any new programs, including transportation and human services; if you are going to add ser- vices, you will have to subtract someplace We will be working with com- mittees and saying that we want to look at budgets a little differently 348 Selectmen's Meeting - 4 - September 25, 1978 I this year and we must consider using the bottom line approach We are .going to have much more citizen support than ever butne was mot sure that the town really understands that if you are going to stabilize the tax rate, you aren't going to get everything you want the way you want it Chairman Battin said that at a meeting with the presidents of five municipal associations, the Senate president said that the first order of business of the legislature was sure to be budget capping and what the legislature is going to impose on municipalities, what would be raised by property taxes and what would be allowed to be spent. Mr. Hutchinson stated that it is important for people to understand that the legislature cannot tell us to put a cap on if they are also going to tell us at the same time to pay county charges,etc. and $500,000 for an MBTA which doesn't even serve the town in any signifi- cant manner. If we didn't have any constraints, it would be fine, and he was sure that we can put the discipline in what is outlined by a cap on spending, as he felt that he and the department heads are fully cape- able of following the guidelines of the Selectmen and others to do that Mr Crain said that what is being suggested is a cap on the budget With inflation rates that are running 6 to 8 percent, there is no way one can have a budget in the face of that kind of escalation and infla- tion for fuel costs, personnel, services and debt without eliminating things that exist Chairman Battin said that we are not going to stay constant in terms of services Mrs Miley mentioned the Town's fuel cost adjustment of $4300 a year; through legislation, ten states have done away with this and the consumer is not paying She asked if our legislative liaison could see if :he can find a way that Mass citizens and municipalities can get that one off our backs so that utility companies will pay Mr Buse did not recommend taking that route Mr Kent said that he could not accept the notion that we should expect, and should not object to, the imposition of arbitrary caps from the legislature as he felt this to be a violation of the home rule principle Our constituents are perfectly capable of telling us what they want and we should not take the position that we advocate legislative imposition of mandatory capping Also, to the extent of what Mr Crain has said, when cuts in service are being considered, one motto that has gat to guide us is that there be no surprises; those things have to be put out there and sub- jected to public scrutiny and there has to be a very ordered fashion in terms of considering reduction in services We very well may have to do it but it's got to be done in a carefully planned and well-advanced notice Mr Crain said that we control 30 percent of the budget and so if we ate committing ourselves to a cap on the budget then we who control 30 per- cent are going to absorb what other people do with the 70 percent, not only IIIthe schools but county and state charges If we commit ourselves, even if 349 Selectmen's Meeting - 5 - September 25, 1978 the schools find ways to cap their budgets and the remaining percent doesn't, he was not sure that it would be a realistic commitment Chairman Battin said that what we have got to do is to responsibly be willing to cap ourselves, involve citizens in the beginning to help them plan and then put pressure on the state to do likewise, as well as to manage their own houses, with the understanding that we are heading this way but each town is going to have to do it in its own way Mr Crain asked if the Board is committing itself that the town budgets would be the same as this year? Mr White responded that the appropriation committee is not prepared to answer that but we think we would recommend it townwide Mr. Crain said that you have got to develop a strategy in being very per- suasive with the other components which are in effect greater than what we control ourselves Mr Busa said that we should inform the School Department of the direction in which we are heading, and that we are doing our best and they should do the same Mr Hutchinson said that he will meet with the department heads this week and articulate some of the things expressed this evening, with tax stabilization being the goal Police and fire, who are covered by binding arbitration statutes, will be coming in and submitting proposals to the town It is im- portant to point out that we have worked very hard on certain levels of manning and certain levels of service and we will continue to work on those It isn't the type of thing to say that everything will be the same as last year but certain types of things will have to be done as well Mr White said that his committee is looking for a zero-based budget He had mentioned cross-training of public service departments only because it is one of the things we have to do to get more efficiency out of- people who are in our employ. He urged the Selectmen and the Town Manager to look very closely at this kind of thing and they would expect it to be a funda- mental issue in the School Department The Appropriation Committee, Mr Perry and Mr Wenham retired from the meeting Chairman Battin urged the Board members to attend the annual meeting of Mass the Massachusetts Selectmen's Association in Hyannis on October 20-22 Mr Selectmen's Kent spoke briefly on two of the resolutions that appear in the MSA Warrant, Assoc (1) "The Legislative Committee unanimously recommends a position on the part Annual of the association supporting a position of endorsing the classification Meeting amendment; " (2) "To see if the Association will vote to oppose the mandat- ing by the state of a code of ethics for local officials and favor the development by the Association of a model code of ethics for local officials " Mr. Kent said that the nub of that problem relates to a feature of the state code, with some indication that the legislature would like to extend beyond themselves to local officials such as selectmen on the requirement of full financial disclosure of one's assets, liabilities and income. The Legis- lative Committee believes that we have a responsibility to develop a cdde of conduct to govern ourselves and we ought to undertake that task We do 350 Selectmen's Meeting - 6 - September 25, 1978 not believe that the office of municipal officials such as selectmen is such that warrants the degree of public disclosure of one's private affairs which is properly in our view attendant upon the very sub- stantially paid position of a member of the general court That is really what is involved in this particular resolution We need a code of ethics and there is great concern that the resignation of some officers such as this would be very large in the event of full disclosure for reason that financial status is required of all selectmen and top officials Joint Chairman Battin said that each selectmen votes his own conscience by Dues voting independently She recommended support of the joint dues proposal (Mass Selectmen's Association and the Mass League of Cities and Towns) which is something Mr Busa felt strongly about last year We have notified both organizations that unless they formally amalgamate with a joint dues proposal that we would seriously consider dropping out of one of the other The Selectmen's Association would lose none of its integrity and identification and would have its own budget The Mass League of Cities and Towns would be phased out and the amalgamation would be called the Mass. Municipal Association The Managers and Mayors are also a part of it and officers of each would then become the Executive Board of the organization We would contract with the parent organization for there would still be the joint legislative office that we have now If amalga- mation occurs, dues would go up 50 percent; the formula is based on equal- ized valuation Upon motion duly made and seconded, it was voted that Lexington support the article in the warrant for the Mass Selectmen's Association joint dues proposal The Board approved Chairman Battin's expenses for attending the Mass Selectmen's Association Annual Meeting, Upon motion duly made and seconded, it was voted to approve $30- Registration; $87-Meals and Room, for a total of $117 00 for Chairman Battin's expenses at the Mass Selectmen's Association Annual Meeting Meeting- The Board agreed to set the date for the second meeting with major Bds - boards and committees on November 10 at 7 30 a m. Committees Regular meetings of the Selectmen are to be held on Tuesday, October 3, October Wednesday, October 11, Mondays on October 16 and 23 The meeting on Monday, Selectmen's October 30, will be held in the Clarke Junior High School and residents Of Meetings Precincts 3, 4 and 9 will be invited to meet with the Board to discuss local concerns EdCo Lease Mr Hutchinson recommended the extension of the EdCo lease at the Parker Parker School School Upon motion duly made and seconded, it was voted to extend the lease with EdCo for space at the Parker School from October 1 to December 31,1978, at $1,935 per month Scattered Mr Hutchinson reported that the Scattered Site Housing information Sites meeting was held last Thursday, September 21, and a number of people were concerned about specific lots, especially when it abuts them or is in the neighborhood Some people were willing to give the proposal a chance and would wait until the Housing Authority recommends to the Board. 351 Selectmen's Meeting - 7 - September 25, 1978 The Board agreed to await the Housing Authority recommendations and then allow people to be heard at an appropriate time Mr. Hutchinson recommended approval of his appointment of members of Council the Council on Aging on Aging Upon motion duly made and seconded, it was voted to approve the Town Manager's appointment of Barbara Luckman, 69 Emerson Gardens, and the reappointment of Steven A. Clark, 13 Rumford Road; both appointments expiring April 1, 1981. Mr Hutchinson informed the Board that a grant proposal had been sub- Grant mitted to the New England Regional Commission for a management analyst to Proposal- work With the Building Commissioner on coordinating long-range planning Building within Planning, Conservation, Health, Buildings, etc , which would be the Comm basis for a structure for an Office of Community Development If approved, the grant would be for one year for up to $15,000 with $3,000 of support by the Town. Mr Hutchinson informed the Board that bids have been received on the Bleachers bleachers and they were very favorable; Hussey of Maine was the low bidder It is anticipated that the bleachers will be ready by the next home game Mr Hutchinson advised the Board that a Data Processing Committee Data is being put together and we will work with Arther Andersen in the in- Processing vestigation of possibile utilization of school computer facilities or a combined approach and also to expedite our encumbrance system Mr Hutchinson updated the Board on recycling He said that we are Recycling conducting some additional work this week in the field with the contractor, Miller. The revenue figures are holding pretty much the same but we may realize a few more thousand dollars Mr Busa asked about the expenditures and Mr Hutchinson responded that the appropriation was $48,000 and we have taken in about $12,000 Mr Busa asked about the actual collection of sof housesinvolved; he recyclable picked up at the curbside, the number would like the figures Mr Kent said that the tonnage of recyclable material collected would have to be substracted from the amount collected at the landfill He commented that this is certainly an area in which we ought to be able to save some money Mr Busa agreed and said that if we can't do it, we should get out of it, or if there should be one pick-up a month, we should go that way Mr Hutchinson agreed to submit an updated report Mr. Hutchinson discussed the letter from concerned parents of Maria Mass Ave Hastings School students concerning the lack of curbing along the sidewalk Sidewalk- on the north side of the 2200 block of Massachusetts Avenue and the hazards Maria of trucks and cars blocking the sidewalk at the Concord Hill Market Hastings Students Selectmen's Meeting - 8 - September 25, 1978 Mr Hutchinson said that we have embarked upon a project of painting lines and would go to curbing if this doesn't work A report will be submitted after a meeting is held on the matter on November 3 Upon motion duly made and seconded, it was voted 5-0 by roll call vote to go into Executive Session, with the intention of not 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 at 10 35 P.M Upon motion duly made and seconded, it was voted to adjourn at 10 35 P.M. A true record, Attest 464444-7 Executive Clerk, Selectmen I I 353 SELECTMEN'S MEETING OCTOBER 3, 1978 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Tuesday, October 3, 1978, at 7 30 p m. Chairman Battin, Mr Busa, Mrs Miley, Jr Kent and Mr Crain; Mr Hutchinson, Town Manager; Mrs Banks, Assistant to the Town Manager; Mrs McCurdy, Execu- tive Clerk, were present. Mrs Joyce Hals, Chairman of the Transportation Advisory Committee, Transporta- met with the Board. After discussion, the Board approved the reommenda- tion Adv. tions that (1) A letter is to be sent from the Board of Selectmen to Committee large Lexington business firms urging the participation in employee carpools; (2) Town employees are to be encouraged to arrange carpools; (3) A carpool information center for citizens is to be set up in the Town Office Building; (4) An article in the Minute-man will stress the high cost of driving and urge residents to participate in alternatives Chairman Battin read a recommendation from the Transportation Advi- Appointments sory Committee to expand the committee and appoint four new members Upon motion duly made and seconded, it was voted to appoint the following members of the Transportation Advisory Committee; Margaret Olsen, 3 Brigham Road; Laurence P Chait, 25 Fairlawn Lane; Sally Castleman, 3 Kimball Road; Fred D Rosenberg, 165 Wood Street Mr Louis Zehner, Town Treasurer, met with the Board to request ap- Treasurer proval of borrowing $750,000 in anticipation of taxes He recommended that the bids be awardedto the banks bidding the lowest interest rates Upon motion duly made and seconded, it was voted to borrow $750,000 from the following banks, with notes to be dated October 6, 1978 and maturing on October 31, 1978; $250,000-New England Merchants at 3 32%; $250,000-First National Bank of Boston at 3 38%; $200,000-Bay Bank/ Harvard Trust at 3 45% $25,000-Bay Bank/Middlesex at 3 48%; $25,000- Newton Waltham Bank at 3.48% Chairman Battin read a request from the League of Women Voters for L W V.- a voter registration banner to be strung across Mass Avenue and a Voter table set up in front of the Town Office Building Registration Upon motion duly made and seconded, it was voted to grant permission to the League of Women Voters for a banner and a table to be set up in front of the Town Offices on Saturday, October 7, 1978 Chairman Battin read a letter of resignation from George E Williams Resignation Upon motion duly mae and seconded, it was voted to accept with re- Registrar of gret the resignation of George E Williams (D) as a Registrar of Voters, Voters effective December 31, 1978 The Board agreed to abate a water bill which was liened in error Abatement Upon motion duly made and seconded, it was voted to abate the 111 water bill of Gary P Bucciero, 14 Sylvia Street, in the amount of $6.00 354 Selectmen's Meeting - 2 - October 3, 1978 Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meeting held on August 14, 1978 Certificate Chairman Battin read requests from Secretary Guzzi for approval of of Incorp addresses for applicants for certificates of incorporation Upon motion duly made and seconded, it was voted to approve 755 Mass Avenue as a mail drop for Share-a-Home, Share-a-Life, Inc., at the Follen Church. Upon motion duly made and seconded, it was voted to table the applica- tion for Eastern Business Education Association Inc at 35 Balfour Street pending further information on the use of the premises Mass Ave / Mr. Hutchinson reported that the town is ready to go forward with the Cedar St installation of curbing along Mass Avenue in the Cedar Street block. Mr Curbing Breslin will cooperate with us in order to resolve the situation; the sidewalk will be narrow and the curbing will keep cars off the sidewalk in front of Breslin's market Mr Crain commented that the shrubs have been cut back and it is very effective; he hoped this will continue to be done in addition to maintaining the sidewalk and the crosswalk Mr Kent agrees Upon motion duly made and seconded, it was voted that the Town Manager is to proceed with plans for the installation of curbing in the Mass Avenue/ Cedar Street block, subject to review of traffic Conditions in the area with the Traffic Safety Committee Sidewalk Mr Hutchinson requested approval of a cost overrun of $2,772 to Construc- replace defective curbing during the sidewalk project conducted in the tion Center The contract had been awarded to LiDonni Incorporated, Newton- Overrun ville, at $32,790, and we would still be within the appropriation of $49,193. Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager for payment of $2,772 under Contract #77-2-E, sidewalk construction Chapter 90 Mr. Hutchinson recommended that the Board approve Adams Street from Adams St East Street to the Burlington Town Line as our primary Chapter 90 street, East St with East Street from Lowell Street to the Woburn Town Line as our alternate street On October 10, the State DPW Commissioners are con- ducting the annual highway hearing on a list of projects submitted by various communities He explained that it would not be something that would be geared to restrictive standards and we would be working with the residents in the hope of coming up with a design basis that will accommodate both the state and the residents We would then submit the design to the state Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Manager to submit to the State DPW Com- missioners the following streets for construction under Chapter 90 Adams Street from East Street to the Burlington Town Line, approx- imately 3600 feet, at an estimated cost of $250,000 with an estimated 355 Selectmen's Meeting - 3 - October 3, 1978 town expenditure of $60,000 As an alternate, East Street from Lowell Street to the Woburn Town Line, approximately 800 feet, at an estimated cost of $60,000 The Conservation Commission met with the Board to discuss brook Brook cleaning and recommended that the Public Works Department follow the Cleaning guidelines adopted by the Commission on May 22, 1973 If DPW had work to do on a brook, which could be accomplished under the guidelines, to in- form Conservation of the area involved and then proceed. If DPW antic- ipated major reconstruction or alteration to culverts, etc , then they could either file for a determination of file for a hearing Mr Hutchinson said that we would like to file for a determination in each instance and would then feel more comfortable when we execute the project We will be requesting $15,000 for a minimum maintanance program t and we will identify areas on a project-by-project basis for a determination by Conservation The restraints that would be placed upon the town would be outlined by Conservation He added that the issue of maintenance over private property is one that probably would continue We have no interest in serving private developers as a whole but we do feel there is an obligation to maintain the streams to benefit the town When the drainage study is completed, more information will be available If a complaint is received, it was recommended that a meeting could be arranged for a citizen to discuss a possible resolution of the problem with DPW and the Conservation Commission The Conservation Commission agreed to the process outlined by the Town Manager and retired from the meeting Mr Hutchinson recommended that the Board approve a smoke-testing pro- Sewer gram to be conducted in the Saddle Club Road area. Quotations of $2,000 to Smoke $4,000 have been received and we have $8,000 in the Article The Inflow/Infil- Testing tration study is almost completed and there was one mini-system in the Saddle Club area that had inconclusive results about inflow/infiltration; that mini- system has been ascertained to generate 2 2 million gallons a day of direct inflow, which is about one-third of the total inflow of the total 14 mini- systems Upon motion duly made and seconded, it was voted to approve the recom- mendation of the Town Manager to proceed with the smoke-testing program in the Saddle Club Road area Chairman Battin discussed the fair housing plan According to the Fair memorandum of agreement with Mass Commission Against Discrimination,the Housing Selectmen have the responsibility of a fair housing plan being developed by May This is being carried out by the Housing Planning Committee and they hope to have a preliminary report done by November 1; this would go back to all the committees concerned for review and comment When we talked with the Housing Authority, the Selectmen felt there ought to be some over- all policy regarding land use and development, not only on housing but also 111 commercial and industrial land use We also talked about maintaining the 35(5 Selectmen's Meeting - 4 - October 3, 1978 heterogeneous mix within the town by an active low and moderate income housing program. Mr Busa gave a report on the progress of the Housing Master Plan Com- mittee, which has been divided into subcommittees on (1) finance and federal funding; (2) available land; (3) survey of population and income Mr Busa is on the subcommittee on land and they are looking over the town to make a determination on how it would be feasible to have private builders come in and make houses or apartments available for people of moderate income, similar to the development of Hancock School it was agreed that four units per acre was a determining factor that would push the price range out of the reach of moderate and low income people We are now looking into the possibility of having four per acre and then allow a percentage of a number of units on an acreage basis to be constructed or rented, leased or authority given to the Housing Authority to rent or lease those houses Because of the controversy on low to moderate income housing when subsidized housing was an issue, we are at the discussion stage of looking into rather than 8, 10 or 12 acres to have smaller areas of '2 1/2 to 3 acres, similar to Russell Square or East Village Square, and adding a number of units depending on the acreage Mr Busa added that the subcommittees hope to complete their assign- ments in October and have a policy, plan, or a majority/minority report on what we think would be the best direction to go to create these homes Mr Hutchinson advised the Board to wait until these reports are sub- mitted Chairman Battin said that we would not want to make any policy de- cisions for uses of any land or any building We all still subscribe to the statement of the growth policy of the town and all the boards repre- sented in 1976 that our objectives would be to find ways to encourgage a more heterogeneous mix in the town's population by an active moderate to low income program; that, in essence, is our policy and we will wait for specific policy statements about programs until we get the report from the Housing Planning Committee The Board agreed Mr Hutchinson said that the School Sites Committee had looked at low to moderate income on Hancock School and he was sure the committee is going to look at it again Mr Busa said that he had received information that one or two of the Hancock condominiums were picked up by speculators and are now back on the market He wanted everybody to know that the Board and the town and Mr Sydney and Mr Noyes had made every effort to make them available to people of moderate means and he believed that the majority who did get them were of moderate means but unfortunately the system was challenged. Mr Hutchinson said that we have done everything we can legally within the province of the town Those types of comments can be con- veyed back to Mr Sydney and he can give whatever observations he wants and those who are identified as speculators can be focused upon for violating what is the best interest of the town as a whole Parker Mrs Miley reported that 20 proposals on Parker School had been re- School ceived last Friday and the School Sites Committee will meet to go over them. There are several housing proposals, many of them are condominiums, and not too many on a lower price level. The committee would like the Board to consider what the building should be used for as, in the final analysis, the Selectmen do make the decision to bring to Town Meeting. Oct 16 The Board discussed meeting on Monday, October 16, and voted not to Sel mtg meet on date because of a lack of a quorum 357 Selectmen's Meeting - 5 - October 3, 1978 Chairman Battin informed the Board that quotations had been received on printing the Warrant for the November 7, 1978 State Election Lexington Press, Lexington 9,500 copies of 8-page Warrant-$610,000; 9,500 copies Contract of 12-page Warrant-$880 00 Maran Printing Service, Inc , Arlington, Nov.. 7 9,500 copies of 8-page Warrant-$605 00; 9,500 copies of 12-page Warrant- Warrant $916 00. Chairman Battin said that we have not received the necessary information from the State as to the number of questions to be on the Warrant and therefore we are uncertain as to the number of pages involved Upon motion duly made and seconded, it was voted to award the contract to Lexington Press, Lexington, for printing the Warrant for the November 7, 1978 State Election A preliminary discussion was held on the operating procedures of the Board of Selectmen and it was agreed to continue the discussion at the meeting of October 11 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 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 50 P.M. A true record, Attest 71 NeLt� Executive Clerk, Selectmen I 060 0 SELECTMEN'S MEETING OCTOBER 11, 1978 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, October 11, 1978 at 7 30 P.M Chairman Battin, Mr Busa, Mrs Miley, Mr Kent and Mr Crain; Mr. Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assistant to the Town Manager; Mrs McCurdy, Executive Clerk, were present Juror At the request of the Town Clerk, one juror was drawn Irwin E Goldman, 30 Whipple Road Chairman Battin recommended that the Board set the polling hours and sign the Warrant for November 7, 1978 Upon motion duly made and seconded, it was voted to set the polling hours of 7 00 A.M to 8 00 P.M on November 7, 1978 and to sign the Warrant for the State Election on November 7, 1978 Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meeting held on September 11, 1978 Conser- The Board briefly discussed a copy of a letter from the Conservation vation Commission to State Secretary of Environmental Affairs, Evelyn Murphy, Comm./ stating "it is apparent to this commission that the Department of Environ- DEQE mental Quality Engineering hastens the demise of wetlands rather than assists the local administering body in protecting them." The Board agreed to treat the letter as a copy for the Board's infor- mation Mr Busa and Mrs Miley agreed to welcome a group of foreign diplomats to Lexington on Saturday, October 21, and arrangements will be made for a tour of the Green and Buckern Tavern Act The Board agreed to appoint an Acting Chairman and an Acting Town Chairman Manager during the Chairman's and Manager's absence to attend the Inter- , national City Management Association conference in Cincinnati Upon motion duly made and seconded, it was voted to designate Selectmen Alfred S Busa as Acting Chairman during the period of October 15 through October 17, 1978 Act Upon motion duly made and seconded, it was voted to designate Manager Mr Richard M. Perry, Town Comptroller, as Acting Town Manager during the period of October 15 through October 18, 1978 Chairman Upon motion duly made and seconded, it was voted to designate the Cincin- Chairman, Margery M Battin, to attend the International City Management nati conference to be held in Cincinnati Cap Expend The Board agreed to Mr Hutchinson's recommendation to schedule time Budget at a meeting in November to discuss the Capital Expenditures' budget which had been submitted to the Board and the Appropriation Committee 359 1/ Selectmen's Meeting - 2 - October\, 1978 Upon motion duly made and seconded, it was voted to sign the Test Borings contract for test borings in the amount of $5,600, as recommended by the Town Manager The Board authorized Mr Hutchinson to go forward on the storm sewer project on Dexter Road at an estimated cost of $3,800, work to Storm Sewers be done by town forces and using available funds under Article 17 of Dexter Road the 1975 Annual Town Meeting Mrs Nancy Banks updated the Board on the communter bus service Commuter which had commenced in April At that time, the Bus Company got a Bus Ser. temporary license from the MBTA to operate a bus service within the MBTA service area of the town and Lexington granted them a 3-month permit We are at the point where we have to get permanent rights in order to run the bus service The MBTA is reluctant to give permanent rights and has asked if they could contract with the town MBTA has suggested a 1-year contract and we have asked for a 5-year contract We are negotiating with MBTA on the lenghth',of time; the form of the contract has been reviewed by Town Counsel and MBTA has no problem with it The Bus Company had indicated that it could not live with anything less than a 5-year contract Mr Cohen said that there is no money involved and Town Meeting action is not necessary If the Bus Compnay maintains certains standards, we would be interested in giving it to them for 5 years and we can build in performance standards Mrs Banks is to come back to the Board at a later date Mr Hutchinson reported that Temple Scanlon of the Housing Scattered Authority had informed him that excellent proposals for scattered Sites - sites have been received by the Housing Authority LHA in the very Lex. Housing near future is going to designate a developer Of the four pro- Authority posals, three are going to be stick-built homes vs modular There was some feeling that they might wind up, because of the scope of the project, with modular housing and they did have one proposal in that area They were quite pleased with what was submitted and it looks as if there is some quality development, which would be com- patible with the goals of the town, coming out of the project The Board discussed the Operating Procedures of the Board of Selectmen's Selectmen Operating Upon motion duly made and seconded, it was voted to adopt the Procedures Operating Procedures of the Board of Selectmen, with the exception of I (F) - Selectmen's Expense Reimbursement Upon motion duly made and seconded, it was voted to authorize the Town Manager to grant permission for the use of Cary Hall, Estabrook Hall and the Visitors' Center; also, to issue permits for block parties, subject to the coordination of the Police and Fire Departments L 360 Selectmen's Meeting - 3 - October 11, 1978 Club Liquor Mr Cohen agreed to research the statute on Club liquor licenses Fee and to inform the Board whether the town is charging the maximum fee allowed ($250 00 current fee) Goal Chairman Battin said that she, Mr Crain and Nancy Banks had met Setting and had come up with a tentative goal setting process to be discussed Process later on by the Board as a beginning of a process for Lexington The Selectmen could determine what we think are the major needs and what the problems are,and then set fortified, preliminary goals; that they be 5-year goals; that they be measurable; that they be tied directly to the needs and problems identified The Board agreed to discuss the process at a later meeting 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 meeting, for the purpose of discussing matters concerning real estate negotiation and 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 11 40 P.M A true record, Attest xecutive Clerk, Selectmen I 361 SELECTMEN'S MEETING OCTOBER 23, 1978 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, October 23, 1978 at 7 30 P.M. Chairman Battin, Mr Busa, Mrs Miley, Mr Kent; Mr Hutchinson, Town Manager; Mrs Banks, Assistant to the Town Manager; Mrs McCurdy,Executive Clerk were present At the request of the Town Clerk, the following jurors were drawn: Jurors Eva Arond 52 Turning Mill Road Leo Clifford 11 Hilltop Avenue Michael Dimanbro 23 Moreland Avenue 1 Jan L Meades 523 Lowell Street Karen E Murphy 6 Goffe Road Benete M Hanauer 110 Spring Street Linda T Schwartz 30 Lillian Road Aphrodite M Pearce 4 Carley Road Chairman Battin, on behalf of the Board, thanked the Transpor- Intra-town ation Advisory Committee and Mrs Banks for the tremendous job done Mini-bus in developing the mini-bus proposal which was accepted by the MBTA 111 Lexington and Winchester are the two towns which won the mini-bus transportation grant and the MBTA has suggested that we work in con- cert with them. The Board approved a water bill abatement, as requested by Mr Water Warren Empey, Acting Director of Public Works Abatement Upon motion duly made and seconded, it was voted to abate a water bill submitted to William G Little, 24 Spring Street, in the amount of $357 73, which was an overcharge on labor and billed in error Chairman Battin read a letter of resignation Transp Com. Upon motion duly made and seconded, it was voted to accept the Resigna resignation of William J O'Neil as a member of the Transportation Advisory Committee. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's meeting held on September 18, 1978 Mr Hutchinson requested that the Board authorize him to file the Fed Aid application for federal aid on public works projects, which would Inflow/ enable us to go forward on Inflow/Infiltration work. Infiltra. Upon motion duly made and seconded, it was voted to authorize Mr Robert M Hutchinson, Jr as the representative of the Town of Lexington on any EPA/WPC financially aided projects c)62 Selectmen's Meeting - 2 - October 23, 1978 Upon motion duly made and seconded, it was voted to authorize Mr Robert M Hutchinson, Jr , Town Manager, to file an application for federal aid on Step 1 of the Infiltration/Inflow Analysis Complaint Mr Hutchinson reported to the Board on a letter from Mr Corydon Mass.Ave Wyman, 1106 Massachusetts Avenue, concerning conditions at the adjoining Gas Sta Shell Gas Station; lack of responsible management, loud radios,screeching tires and vulgar language A memo from Chief Corr stated that only one call was logged on August 16 and it was to disperse a small group of youths Since the gas station changed hands a few years ago, there has been less discipline and small groups of young people are there at night but it is generally conceded that they are there by request or permission He suggested that management should be convinced to police their owm em- ployees better The Building Commissioner is checking out the question of whether there is a variance between what was approved (full service station) and the current operation (gas pumping station) Mr Hutchinson is to write to the Manager of the gas station and to the Shell Oil Co asking for their cooperation in resolving the problem. Bedford Mr Hutchinson discussed the Town of Bedford water situation. The Town Water of Bedford has continued to ask us to allow a connection to the Lexington Connection water system. The MDC has authorized them to receive '.water on an emergency basis; however, that approval appears to read May through October, only Bedford has proposed that the pit be located in Bedford and our concern was that it was easier to monitor the water system and our maintenance effort by having the pit located in Lexington The closer it is to the source of the water supply the easier it is to investigate for leaks, etc Mr Hutchinson recommended that he and Town Counsel work with the Town of Bedford Upon motion duly made and seconded, it was voted to approve the Town Manager's recommendation that he and Town Counsel work with the Town of Bedford on an agreement that if the pit is to be located in Bedford, (1) Bedford would assume all liability for any lost water within the Lexington water system; (2) Lexington would have continued access to the water system; (3) Lexington would continue to have the right to deny water to Bedford if is does not comply with the MDC permit Revenue Mr Hutchinson informed the Board that he will be scheduling a hearing Sharing on General Revenue Sharing and the Board of Selectmen's hearing will follow Hearings shortly after the Manager's hearing Certain organizations, specifically The Council on Aging, must be notified Affirmative Mr Hutchinson said that the Board had received a copy of our Affirmative Action Action Plan. When the Recreation Committee was investigating grants for pos- Plan Bible funding of the pool, during the review process MCAD registered some concerns about our affirmative action plan and specifically stated that they 363 Selectmen's Meeting - 3 - October 23, 1978 would like to see our goals quantified in a more specific way In his dis- cussion with MCAD representatives, Mr Hutchinson had explained that he believed that Lexington had come up with a very good document He thought it importmant that it be Lexington's plan and not the Commonwealth of Massachusetts Mrs Banks said that the Per mel Advisory lord would like to dis- cuss it further at their next meet g on November 14 It was agreed to schedule a meeting with the Personnel Advisory Board after November 14 to discuss the affirmative action plan Mrs Erna Greene discussed an outline of material to be submitted by Town Report Boards/Committees/Agencies/Comm ttees/Agencies for the 1978 Town Report It was agreed that all reports are to be received by the end of November Mr Hutchinson requested approval of the replacement of the Fire Fire Dept Deputy Chief's car with a middle-sized station wagon $5,000 had been Car approved for a fire prevention van but due to the unanticipated de- terioration of the Deputy's car, it is recommended that the station wagon be substituted this year and a request made for a van next year After discussion, the Board approved the Town Manager's recommenda- tion to purchase, within the amount of $5,000, a middle-sized station wagon for the Fire Department The Board discussed the Selectmen's meeting to be held at the Clarke Sel Mtg Junior High on October 30 at 7 30 P.M Regular business will be held to a Clarke minimum and at least an hour and a half will be devoted to listening to Jr High and discussing the interests and concerns of citizens Residents of Pre- cincts 3, 4 and 9 will receive special attention If successful, at least three more meetings will be held during the year in the remaining quadrants of the town Chairman Battin reported that the Massachusetts Selectmen's Associa- Mass tion had voted 227-87 at the annual meeting in Hyannis to support the joint Municipal operation to be called the Massachusetts Municipal Association This is to Assoc. be an amalgamation of the former organizations of Selectmen, Mayors, Man- agers, and Finance Upon motion duly made and seconded, it was voted 4-0 by roll call Executive vote to go into Executive Session, with no intention of resuming the open meeting, for the purpose of discussing real estate negotiations After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 9 00 P M. r • A true record, Attest E cutive Clerk,Selectmen I VOID .36i/ SELECTMEN'S MEETING OCTOBER 30, 1978 A regular meeting of the Board of Selectmen was held on Monday, October 30, 1978 at 7 30 P.M. in the Clarke Junior High cafeteria Chairman Battin, Mr Busa, Mrs Miley, Mr Kent and Mr Crain; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs McCurdy, Executive Clerk, were present Mrs Martha Wood, Mr Robert Bowyer and Mrs Lilah Grossier of TMMA - the Town Meeting Members Association presented a report on suggested Warrant changes which they felt would improve the readability of the 1979 Warrant The following recommendations were made (1) 81" x 11" photo-ready copy; (2) A table of contents identifying each article by title and page number, and articles grouped by major subjects and identified as such; (3) A brief summary at the beginning, com- parable to the summary of the referendum questions prepared by the Secretary of the Commonwealth; for each article, the required legal language would still appear whether there is a summary or not; (4) Identifying title for each article; (5) Where relevant, refer to commonly understood locations, streets or recognized landmarks; (6) Insert maps or other graphics necessary for the clarification of articles; (7) On citizens' petitions, identify the sponsor/ initiator of the article and the first name on the petition Mrs Wood offered the assistance of Town Meeting members in the preparation of the layout, composition and paste-up of the warrant The Board was receptive to the recommendations and the matter was taken under advisement Chairman Battin opened the hearing at 7 45 p m on the application Liquor Lic of the 1775 Wine and Spirit Shop, Inc for the transfer of a Retail Transfer - Package Goods Store license to sell all alcoholic beverages from 1775 Wine & Joseph Trani, Inc , 1775 Massachusetts Avenue, Lexington Spir'it,Inc A notice of the hearing was advertised in the Lexington Minute- man issue of October 19, 1978 and copies were sent certified mail by the petitioner to all abutters Mr William F Foley, Jr , the peti- tioner, and his Attorney, Leonard F DePaola, were present There were no questions from Board members, and no one appearing in favor or in opposition, Chairman Battin declared the hearing closed Upon motion duly made and seconded, it was voted to approve the transfer of a Retail Package Goods Store license to sell all alcoholic beverages from Joseph Trani, Inc , 1775 Massachusetts Avenue, to the 1775 Wine and Spirit Shop, Inc , subject to the approval of the Alcoholic Beverages Control Commission Chairman Battin read a letter from Mrs Greene of the Town Report Town Report Committee recommending two appointments to the committee Com Appts Upon motion duly made and seconded, it was voted to appoint Ms Tasha Totman, 46 Moreland Avenue, and Mr Raymond I Culler, 209 Lincoln Street, as members of the Town Report Committee 365 Selectmen's Meeting - 2 - October 30, 1978 Meeting with Chairman Battin opened the discussion with Town Meeting members Citizens and citizens of Precincts 3, 4 and 9, She said that the Selectmen Prectincts recognized the need for strengthening communications with citizens 3, 4 & 9 and if this meeting proves successful, three more meetings will be held during the year in the remaining quadrants of the town Questions were asked from the audience Wood St Ms ,Madelaine Cavenough, 149 Wood Street, said that two petitions Sidewalk had been submitted to the Selectmen, one for the installation of a sidewalk on one side of Wood Street, and one concerning excessive speed on Wood Street and requesting the exclusion of industrial truck traffic Mr Hutchinson said that $56,000 will be provided in the Capital budget for Town Meeting consideration of a sidewalk on Wood Street up to Conestoga Road The Traffic Safety Committee will review again the speed limit and also look at the industrial truck traffic The Police Department will monitor the area regarding speeding Mr Cohen pointed out that the State DPW has jurisdiction over the exclusion of industrial truck traffic; however, we could look into it and recommend alternate routes The Board agreed to refer the matter to the Traffic Safety Com- mittee for a report in two weeks on the speed limit and industrial truck traffic on Wood Street Also, to define the responsibility of the Board and the State DPW concerning the exclusion of industrial truck traffic Warren St A citizen said that residents of Warren Street were notified of 111Sewer a hearing on the Warren Street sewer, to be constructed at a cost of $25,000, and one homeowner did not want it installed and the other lot was vacant Mr Hutchinson said that the Capital Expenditures Committee is looking at the list and so is the Sewer Advisory Committee We en- courage citizens to come to the Sewer Advisory meetings so they may register objections or support during the hearing process Chairman Battin explained that the Board had told the Town Meet- ing that a sewer process would be adopted and there would be an ad- ministrative review, at which the Sewer Advisory Committee would participate After it had been reviewed and commented upon by the Sewer ADvisory Committee and the Board of Health, the Selectmen will hold a hearing at one of our regular meetings Abutters are to be notified of both hearings If no one wants the sewer, and thereis no health hazard created in the neighborhood, the Selectmen will take that into consideration before spending $25,000 Sewer Bet Mr Hutchinson informed all that the sewer .betterment formula is Formula being reviewed by the Engineering Department and we may recommend using a 3-year average at present day costs A suggested formula will be submitted in December Drainage Mr Paul Riff in recommended that the drainage study program be con- Study tinued as there is a definite relationship between overloading the sewers and not having proper drainage Mr Hutchinson advised that the drainage study is being completed and the data indicates a groundwater problem. Tests are now being made111 in the Saddle Club Road area 3" Selectmen's Meeting - 3 - October 30, 1978 Mrs Ruth Thomas discussed the Center Playground and expressed her Center concern about violations of the 10 00 p.m curfew and the alcoholic+bew- Playground erages consumption ban Also, the neighbors are concerned about the Lions Curfew - Club carnival being extended to-run for seven or eight days last summer; Lions Club they feel it to be a terrible inconvenience and are disturbed by the noise, Carnival staying open too late, generators, lights on, etc They hope that when the Lions Club comes in for a permit, they will be told of the neighbor- hood's concerns Mr Hutchinson agreed that the 10 00 p.m curfew being violated is a problem and we have to keep monitoring the area He advised that if there is a specific problem, we should be informed and we will ask for police en- forcement It was agreed that Mr Hutchinson is to request the Police Department to monitor the Center Playground area more often Also, the neighbors are to be informed when the Lions Club meets with the Selectmen to discuss next year's request for a permit Ms Georgia Williams asked if there is a replacement program for the Diseased Elm diseased elm trees which have been removed Mr Hutchinson replied that Trees Mr Mazerall has saved some trees and he would ask for a report on plans for replacement Mrs Frick suggested that the money for the Harrington Seedling Forest be used for this purpose, and Mr Hutchinson is to look into the matter and report back to the Board Mrs Lilah Groisser requested reconsideration of a petition submitted three years ago to change the Precinct 3 polling place from the Bridge Prec 3 School The Clarke Junior High and the Franklin School were mentioned Polling as possible locations Place Mr Hutchinson was requested by the Board to reactivate the request and submit a recommendation Citizens of Precinct 3 are to be invited to the Selectmen's meeting when the topic is discussed A citizen raised the question of whether the Public Works Department Allen St was finished with Waltham Street She said that there is a very dangerous Sidewalk sidewalk at Allen Street because of a curve and the absence of a berm Mr Hutchinson agreed to obtain the necessary information, which would be available at his office The question was asked as to what format the Selectmen will use on Scattered low/moderate income housing, and if certain types will be discussed at Sites certain hearings? Mr. Hutchinson replied that the Housing Authority will review the proposals, select a developer, and reference the lots; then, people should talk to the Housing Authority Chairman Battin added that the Selectmen will decide the date of the hearings and the Board will look at it in one package The possible resale of one of the Hancock School condominiums was Hancock discussed by Sandra Shaw and Ruth Thomas and the Board explained that Condominiums the developer had cooperated fully and had been asked to investigate the possibility of a resale Mr Clarkson of Precinct 4 asked about the status of the landfill Landfill and a transfer station Mr Hutchinson responded that a report on the landfill will be filed with the Selectmen at the next meeting We will reserve an article in connection with mandatory recycling/trash collection and we will have a program for the Town Meeting Mandatory recycling is difficult without trash collection The Solid Waste Committee hopes to finalize a report to the Selectmen, as well as Whitman & Howard It would not be unfair to go to a recovery facility and to recommend No Andover 317 Selectmen's Meeting - 4 - October 30, 1978 There is a figure in the budget now for a proposed transfer station and this will be a major subject for discussion during the budget process Parker Mrs Miley discussed the Parker School and said that forty-two School proposals were received, including codominiums, offices, family hous- ing, rental housing, and some low/moderate income housing Human Ms Sandra Shaw asked what kind of an impact the Human Services' Services questionnaire would have on the articles? Mr Crain, the Board's liaison with the human services team, responded that we really don't know at this time There are 450 questionnaires going out on a random basis ,once the data has been collected, we can discern what the reactions are from that Chairman Battin added that we are trying to find out what the needs and desires are in Lexington Chairman Battin thanked all for coming and participating in the discuuponnmotion duly made and seconded, it was voted 5-0 by roll call Executive vote to go into Executive Session for the purpose of discussing a real Session estate transaction After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10 10 P.M \ - A true record, Attest ��- &G.d.tee? Executive Clerk, Selectme 111 :368 SELECTMEN'S MEETING NOVEMBER 6, 1978 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, November 6, 1978 at 7 30 P.M. Chairman Battin, Mrs Miley, Mr Kent and Mr Crain; Mr Hutchinson, Town Manager; Mrs Banks, Assistant to the Town Manager; Mr Cohen, Town Counsel, Mrs McCurdy, Executive Clerk, were present Mr Hutchinson introduced two new firefighters, Arthur Raithel of New Fire- Chelsea and Peter Torode of Acton, who have completed their probation- fighters ary program at the Firefighter Academy Chief Bergeron presented them with Fire Department badges and said that they will be sworn in this week. He added that they have Associate degrees in fire science and are registered EMTs The Board congratulated both and wished them success as new employees of the town Chairman Battin opened the hearing on the petition of the Boston Bos Edsn Edison Company to install underground conduit on North Street, south Conduit- of Burlington Street Notines of the hearing had been sent to abut- North St ters and filed with the Public Works Department A report from Mr Warren Empey, Acting DPW Director, recommended approval of the request Ms Carol Clinton, Boston Edison Company representative, informed the Board that approval is requested for the installation of 14 feet of conduit to service a new home at 54 North Street 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 grant permission to the Boston Edison Company for the installation of underground conduit at the following location. North Street, northeasterly, approximately 2150 ft south of Burlington Street a distance of about 14 feet of conduit Chairman Battin opened the hearing on the petition of the New England Telephone Company to install underground conduit on Massachusetts Avenue, Marrett Road and Forbes Road Notices of the hearing had been sent to N E T &T abutters and filed with the Public Works Department A report from Mr Conduit- Warren Empey, Acting DPW Director, recommended approval of the request Mass Ave Mr Roland Pinault, N E T &T Co representative, informed the Marrett Rd Board that the proposed work is necessary to provide additional ser- Forbes Rd vice to new office buildings being constructed on Forbes Road, and to conform to National Historic Park underground requirements No one appearing in favor or in opposition, Chairman Battin de- clared the hearing closed Upon motion duly made and seconded, it was voted 4-0, Mr Crain abstaining, to grant permission to the New England Telephone Company 111 for the installation of underground conduit at the following location. 369' Selectmen's Meeting - 2 - November 6, 1978 Old Massachusetts Avenue. on the northerly tide, from exist- ing manhole 54/202 located approximately 545- feet north- easterly froT Marrett Road, running westerly 60- feet, thence southerly 90- feet to p operty of Minute Man National Historic Park, approximately 151- feet of conduit; PP Y Marrett Road on the northeasterly side, from property of Minute Man National Historic Park, located approximately 3n- feet west of Massachusetts Avenue, easterly approx 29- feet to new manhole 54/200, thence easterly approx 727- feet to new manhole 54/199, thence southerly to the norrhwesterly corner of Forbes Road, thence easterly avrox 204- feet to existing pole 193/125, approximately 1005-+ft of conduit; also on the northeasterly side, approx 330- ft west of Massachusetts Avenue, one (1) mahole 54/200, and on the northeasterly side, approximately 75- feet west of Forbes Road, one (1) manhole 54/199 Forbes Road on the westerly side, from Massachusetts Avenue, southerly approximately 40- feet to existing Telephone Company conduits The Board voted to approve the following agenda items Resignation Upon motion duly made and seconded, it was voted to accept Town Celeb with regret the resignation of Richard F Perry as a member of Committee the Town Celebrations Committee Auctioneer Upon motion duly made and seconded, it was voted to sign an Auctioneer's license for Roger Neal Seltzer, 17 Blake Road The question was raised as to whether non-profit organiza- tions, such as P T.A. groups and churches, might be able to conduct auctions without the services of a town-licensed Auctioneer Mr Cohen agreed to review the statute and advise the Board Liquor Lic Upon motion duly made and seconded, it was voted to sign a W.R Grace 1-Day liquor license for W R. Grace Company employees to have a retirement party on November 30, 1978 Abatement Upon motion duly made and seconded, it was voted to abate a Water Bill water bill of $11 25 for the occupant of 11 Round Hill Road because of a billing error Cert of Upon motion duly made and seconded, it was voted to approve Incorp the following locations for Certificates of Incorporation. Eastern Business Education Association Inc , 35 Balfour Street; Indian Medical Association of New England, Inc , 4 Maureen Road Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's open meeting of September 25, 1978 and the executive session of October 11, 1978 370 Selectmen's Meeting - 3 - November 6, 1978 The Board discussed the possibility of a State subsidy for MBTA META Passes passes for State employees Chairman Battin agreed to inform Repre- State Empl sentative Cole that if and when the proposal is discussed, he should be guided by the monetary impact on the town Chairman Battin requested the Selectmen to submit a brief sum- Sel.Annual mary, by November 27, of the activities of his/her assignments during Report 1978 for inclusion in the Selectmen's Report section of the Annual Report Chairman Battin will then write the final report The Board agreed Chairman Battin reported on a meeting she had attended on Minuteman November 1 at the Minuteman Regional School to discuss a proposed School second access from the school to relieve the existing traffic Access problem Present were representatives of the Minuteman School, the Town of Lincoln, National Park Service, Mass DPW/Central Transportation Planning Staff and the Mass Department of Public Works Representatives of Lexington were Chairman Battin, Jerry Martin, Assistant Town Engineer; Sally Castleman, Transportation Advisory Committee; Robert Jackson, Minuteman School District Committee Chairman Battin said that several alternatives were discussed One would be to construct an access road from the school through a section of Minuteman National Park land to Route 2A; 530 feet at a cost of approximately $45,000 This would mean obtaining approval of the Minuteman Park Service and they seem to be quite adamant that they do not want the highway The other possibility would be to go from the school parking lot to Mill Street in Lincoln. This would cost approximately $200,000 because of ledge; Lincoln is concerned because it would cost them money Regardless of where the other access is, Route 2A will have to be widened down to Route 128, and it would be done within the existing right-of-way with no land takings in Lexington All that Lexington would be required to do is to design the widening; Mr Martin feels that it could be done in-house We did not commit Lexington Safety is an overriding factor and when the traffic light was discussed, we were asked if we would be willing to try a trip-light because traffic becomes backed up to Route 128 We are exploring which are the best solu- tions but before we give them any material, Jerry Martin will come to the Board with the whole package Lincoln will get data from their files and we will get together again to see what else is needed Mrs Battin pointed out that no one has done a detailed engineering analysis of what the problem is, what the peak times are, and what's causing the problems Mr Hutchinson commented that these problems were pointed out when the school was proposed Mr Hutchinson reported on the smoke detection program Twenty Smoke illegal connections have been found, most of which are roof leaders Detection and the owners are being notified to correct the violations We Program remain hopeful that we will find one of the major contributing fact- ors causing problems in the Saddle Club area and we will report back to the Board 3 `11 Selectmen's Meeting - 5 - November 6, 1978 Chapter 90 Mr Hutchinson informed the Board that the problems with the Hancock St Chapter 90 Hancock Street project appear to be resolved He has been dealing with the State DPW and he understands that the project will go out for rebidding The reason for this is that after the previous contract at $120,000 had been awarded, it was found that additional drainage calculations were necessary to go with the contract (which was designed by the State) and these amounted to $120,000 It was felt that this cost was excessive and it was requested that the job go back out for bid In the interim, the contractor had incurred minor administrative costs of about $3,000, and these have to be paid The project will go out for rebid and then construction will start in the spring. Mr Hutchinson agreed to furnish all pertinent information to be published in the newspaper for the benefit of all involved citizens Express Bus Mr Hutchinson requested authorization of the Board to Service execute a contract with the Vocell Bus Company for one year, retroactive to October 13, 1978. We have a contract with the MBTA which allows the town as an agent of the MBTA to run ex- press bus service to Boston This give us the authorization to execute an additional agreement with the Vocell Bus Company to use the rights-of-way being granted to the town The MBTA does not want to grant permanent rights to the town and we do not want them until we have had a chance to assess the results. Mrs Banks has been working with the Transportation Advisory Company on ways of monitoring the service more closely and it is our hope that if the service continues to upgrade itself by greater participation, we might be able to enter into multi- year agreements, after receiving the appropriate MBTA approval Upon motion duly made and seconded, it was voted to author- ize the Town Manager to execute a contract with the Vocell Bus Company, Cambridge, to provide express bus service between Lexington and Boston during the hours of 6 00-9 00 a.m and 4:00-6 00 p.m along routes mutually agreed upon with the Town Manager's office MAPC 208 Mrs Banks discussed the MAPC 208 Areawide Waste Treatment Waste Management Plan. In response to the Board's comments to MAPC in Treatment September, MAPC has corrected factual errors in the report and Plan has published an addendum We had no real problems with the recommendations in the report, which are very broad and general, and Mr. Martin and Mrs Frick recommend that the Board endorse the plan Upon motion duly made and seconded, it was voted to endorse the MAPC 208 Areawide Waste Treatment Management Plan, and to direct Mrs Angela Frick, Lexington's MAPC representative, to vote to support the motion to be presented at the next MAPC meet- ing to approve the MAPC 208 Areawide Waste Treatment Management Plan and Addendum. 3 72 Selectmen's Meeting - 5 - November 6, 1978 Mr Hutchinson informed the Board that he is working with DPW to Sewer develop a formula for a sewer use charge, and this would be designed Water around a high-user system. They are also trying to address the issue Charges of revising the water rates by having a formula which would allow for modest increase in residential rates but, at the same time, allow for a substantial increase for high volume users Charges in surrounding towns will be checked before proposals are subni1ted to the Selectmen Mr Hutchinson discussed recyclifig an71, because the program does Recycling not appear to be generating the necessary revenue, he recommended con- tinuing it for a short period of time and then terminating it, subject to Town Counsel's approval The cost of curbside pickup is $48,000 and we can expect to realize approximately $12,000 if participation continues at the present level A report has been filed with the Board that it is not cost effective An article will be inserted in the warrant for trash collection including recycling The Board agreed to accept the recommendations of the Town Meeting TMMA - Members Association Subcommittee for changes in the 1979 warrant format, 1979 Warrant as outlined in the minutes of October 30, 1978 A letter is to be sent to Mrs Wood, TMMA Chairman, thanking her and her committee for the thoughtful attention given to improving the warrant The Board agreed to meet on Monday and Wednesday evenings during Selectmen's the month of December The goal setting proposed process will be Meetings discussed on November 27 and December 4 meetings Upon motion duly made and seconded, it was voted 4 - 0 by roll Executive call vote to go into Executive Session, with no intention of resum- Session ing the open meeting, for the purpose of discussing strategy with respect to litigation and, real estate negotiations and collective bargaining After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 1055pm A true record, Attest (V.4444-.1 . //!C 61.4.41,::70,0 Executive Clerk, Selectmen 1 373 SELECTMEN'S MEETING NOVEMBER 13, 1978 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, November 13, 1978 at 7 30 p m Chairman Battin, Mr Busa, Mrs Miley, Mr Kent and Mr Grain; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assistant to the Town Manager; Mrs McCurdy, Executive Clerk, were present Mr Cohen requested the Board to sign an order of taking Conserva Upon motion duly made and seconded, it was voted to sign an order Land of taking by eminent domain for conservation purposes land owned by Malpher Margaret Kathleen Nickerson Malpher and Lexie K Malfa, located on Grant Street along the Vine Brook, in the amount of $750 00; authorized under Articles 75, 82 and 83 of the 1969 Annual Town Meeting The Board approved the following agenda items Upon motion duly made and seconded, it was voted to certify that State 14,480 ballots were cast on November 7, 1978, as submitted by Town Clerk Election Upon motion duly made and seconded, it was voted to grant per- Parade mission for a High School Homecoming Parade on Thanksgiving Day at Permit 9 00 a m. with a police cruiser escort Upon motion duly made and seconded, it was voted to approve Mr Club Frederick J Salata, Jr , Belmont, as the new Manager under the Elks Manager Club liquor license, subject to a good character reference by the Police Department; also, approval of the Alcoholic Beverages Control Commission Upon motion duly made and seconded, it was voted to call the 1979 Town Election Day on Monday, March 5, 1979, with polling hours of Town 7 00 a m to 8 00 p m Election Upon motion duly made and seconded, it was voted to call the first deliberate session of the Town Meeting on Monday, March 19, 1979 Town at 8 00 p m in Cary Memorial Hall Meeting Upon motion duly made and seconded, it was voted to close the Warrant Warrant on Friday, December 29, 1978 at 4 30 p m. for the submission Closing of articles for the 1979 Annual Town Meeting Chairman Battin read a letter from Mr and Mrs Frank Feakes, Feakes - 6 Juniper Place, concerning real estate taxes Taxes The Board recommended that Mr and Mrs Feakes meet with the Board of Assessors to discuss real estate assessment policies The Board approved Mr Cohen's recommendation to include an Article article in the warrant for acceptance of Chapter 956, Acts of 1977- further regulation of fees charged for furnishing certificates of liens 37 ` Selectmen's Meeting - 2 - November 13, 1978 Limousine Mr Zimmerman and Attorney Conroy met with the Board to request Service approval of an application of Transportation Management Corporation to Logan - Attorney Conroy said that this application is provided for under Transporta the Taxi Rules and Regulations adopted by the Board of Selectmen in Management 1973 and Transportation Management proposes to operate a private livery service from Lexington to downtown Boston and Logan Airport Rates will be $9 00 for the first person and $4 00 for each addi- tional customers; appointments to be made twenty-four hours in advance, from 6 00 a m to 9 00 p.m Mrs Miley was concerned about cars and buses parked in the street, and asked if they were adding more vehicles? Mr Zimmerman replied that they will not be adding more; once the vehicles leave in the morning, we don't anticipate they will be back He stated that he recognized there had been a problem but it had been corrected He added that the same rates would apply from Logan to Lexington and they would use their Medford telephone number for customer calls Mr Tippett, owner of the Arlex Cab Co , said that he had no ob- jection and pointed out that he gives immediate service and they are on 24-hour notice service Upon motion duly made and seconded, it was voted to grant permission to Transportation Management Corporation, 1668 Massachusetts Avenue, Lexington to operate a private livery service from Lexington to Logan Airport and return Licenses for ten 1979 Chevrolet Stationwagons will be issued when registration information is submitted Affirma- Mr John Butler, Chairman, and members of the Personnel Advisory tive Board, met with the Selectmen to discuss an addendum to the Affirma- Action tive Action Plan Mrs Banks said that the Massachusetts Commission Against Discrimination advised the Board last month that the goals section of the Affirmative Action Plan should specify the number of female and minority workers the community hopes to add to the work force Also, official word came in last week that Lexington's application for self-help money for eleven Conservation parcels had been denied by the Department of Environmental Affairs The proposed addendum to the plan would stipulate a goal of employing four minorities and one woman by the end of 1979 We have been preparing a 5-year man- power plan, which was to be completed at the beginning of 1979 Mr Butler said that a goal setting process with timetables is vital and, in the long run, a 5-year plan provides an opportunity for us to assess our level of effort It is not a guarantee of re- sults and it is not a quota system; it is a change and it is not limited to Lexington. Chairman Battin said that she had contacted Secretary Murphy of Environmental Affairs regarding reconsideration of the denial and, if she is in a position of rescinding the decision, we ought to have a demonstrable project in hand and be prepared to implement it right away It was agreed that the Town Manager and the Personnel Advisory Board would consider additions for a more complete document In the meantime, Mr Crain is to meet with Ms Jane Edmonds of MCAD to dis- cuss the goal of hiring four minorities and one woman by the end of 1979 375 Selectmen's Meeting - 3 - November 13, 1978 The Board discussed a letter from Mr Ron Fitzgerald, Superintendent Min.Man of the Minuteman Vocational School, regarding State Aid Mr Hutchinson School- explained that the old formula for a level of funding which was antici- State Aid pated by the school is now under the process of review for a regulation change When the schools are set up, there are guarantees and those guarantees are now being compromised by proposed changes in regulations which would allow for revenue estimates to be changed He recommended that the Board support the Minuteman School to ensure that they would not lose the aid which had been guaranteed to them under existing regulations The Board agreed to write to the State Board of Education in support of the Minuteman School and requesting that the present level of State Aid be continued Lexington's representatives on the Minuteman School Committee are to be invited to meet with the Selectmen on November 27 to discuss the school budget Arrangements are to be made to meet with the abutters of the Parker / Parker School on Monday, November 20, 1979 Abutters The Board discussed and approve the section on Expense Reimburse- Selectmen's ment under the Selectmen's Operating Procedures I-F Expenses Incidental Expenses Article VI, Section 2 of the General By-Laws pro- ' vides that the Selectmen "shall serve without salary or other financial compensation, but shall be allowed and paid Two Hundred Dollars per member per year as reimbursement for the costs and expenses incurred in office " Instate Travel Expenses in connection with in-state travel involving overnight accommodations or travel beyond 50 miles, round trip, may be reimbursed with the prior approval of the Board Items may include transportation, meals, lodging, and registration fees A voucher itemizing such expenses shall be submitted to the Manager in a form approved by him within 10 days following completion of the travel Registration fees may be reimbursed even though the other requirements of this section are not met Out of State Travel Expenses for out-of-state travel may be reimbursed on the same basis as for in-state travel, except that prior approval of the Manager as well as by the Board shall be 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 citizens 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 Lexington If a member of the Board under- takes 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 I support, etc ) 376 Selectmen's Meeting - 4 - November 13, 1978 Executive Upon motion duly made and seconded, it was voted 5-0 by roll call vote - Session Mrs Battin, Mr Busa, Mrs Miley, Mr Kent and Mr Crain - to go into Executive Session for the purpose of discussing strategy with respect to land negotiation, land acquisition, litigation, and real estate; with the intention of resuming the open meeting After discussion it was voted to go out of Executive Session and resume the open meeting Appt - Mr Hutchinson requested the Board approval of an appointment by CoA him of a member of the Council on Aging Upon motion duly made and seconded, it was voted to approve the Town Manager's appointment of Mr Arnold S Green, 2195 Mass Avenue, as a member of the Council on Aging for a term expiring April 1, 1981 The Board agreed to meet with representatives of the Belfry Hill Association regarding the Parker School on Monday, November 20, at 7 30 p m Upon motion duly made and seconded, it was voted to adjourn at I 10'45 p m A true record, Attest (d- ecutive Clerk, Selectmen 377 (� SELECTMEN'S MEETING NOVEMBER 20, 1978 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, November 20, 1978, at 7 30 p.m Chairman Battin, Mr Buse, Mrs Miley, Mr Kent and Mr Crain; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assistant to the Town Manager; Mrs McCurdy, Executive Clerk, were present Mr John Bradford and members of the Belfry Hill Association, Hancock Mrs Sara Chase, Chairman of the Historical Commission, and Mr John School Packard, Chairman of the Historic Districts Commission, met with the Board to discuss the Hancock School Mrs Chase said that there are certain deviations from the under- standings we had with the developer, especially the color of the trim and cleaning the exterior Mr Bradford said that if the developer had proposed orange paint in the original plans, they would have been rejected Mr Packard said that the building had been downgraded since the conversion and is not in a condition satisfactory to the Historic Districts Commission Mr Hutchinson stated that it is im- portant to keep in mind that the project is not completed Sydney and Noyes are substantially in compliance but there is work to be done; the site will be upgraded, they will enclose and screen the transformers, and landscaping will be done in the spring As to the color, we have not been able to resolve it as of last Friday The Board agreed that it had no intention of releasing the bond until they are fully satisfied that the tefms-_o.f the agreement and the permit of the town have been met Mrs Angela Frick met with the Board to discuss the Metropolitan MAPC Area Planning Council A-95 Review Process As Lexington's representa- tive on MAPC, she receives requests for comments, to be submitted within ten days Mrs Frick sends duplications of the request to every involved town board, Selectmen and the Town Manager If ap- plicable when completing the form, she stipulates that it has been identified as an area of need in Lexington and submits her recom- mendations If any town action or involvement is to be required, such as money, staff, space, or if it is going to compete for other- wise committed funds, it will come back to the Board of Selectmen for a decision We can continue with the process unless the Board has other ideas. The Board was satisfied with the current process on MAPC A-95 requests Mrs Frick advised the Board to wait until a letter is received MAPC from MAPC requesting the appointment of a voting alternate representa- Alternate tive of Lexington Rep It was noted that Mr Hutchinson will recommend a staff member for the Board's consideration 378 Selectmen's Meeting - 2 - November 20, 1978 Parker Chairman Battin stated that this portion of the meeting has been School scheduled with people who wish to express their ideas and concerns re- garding the conversion of the Parker School The Board will make a decision next Monday evening on the use of the school Members of the School Sites Conversion Committee were also present Mr Jack Sarmanian, spokesman for the residents, said that at their meeting yesterday, a number of concerns were brought up, and they feel the need for more study of the options On November 11, the School Sites Conversion Committee had announced that proposals were under consideration but there has been very little feedback on the actual land use, types of options, and financing Mrs Ione Caring, Precinct 8 TMMA, asked for consideration of keeping the land open Mr David Fine, 91 Simonds Road, said that no appraisal had been done because the value depends on the use of the building Without financial information, it is hard to do anything; he was in- terested in what the sale price would be and what revenue it would generate He also suggested keeping it for conservation land Mr William Scouler, 144 Simonds Road, said that there is not sufficient information to make a judgment on how it would impact our neighborhood and whether the quality of life is going to de- teriorate Ms Jody Luther asked for an additional meeting on the Parker School use Mr Martin Hagerty, Bedford Street, asked about the traffic volume The residents were informed that neighborhood representatives serve on the School Sites Conversion Committee Mr Harry Williams, Bedford Street, said that he had never heard any reports from neighborhood representatives Mrs Mary Miley, Chairman of SSCC, said that we did bring to the neighbors the information at exactly the same time as we gave it to the Selectmen Actually, we are all at about the same point In order to get appraisals, which we do have to have, a use does have to be decided upon We asked you this evening for your input; we do know your concerns and, in the final analysis, it will be Town Meeting's decision on what happens to Parker School There will be many hearings and we will be discussing whatever problems and concerns there are, and we will make sure that any developer chosen for the development of this building will be someone who will please the town It was agreed that the School Sites Conversion Committee would conduct an informational meeting with the residents and abutters of Parker School on Saturday, November 25, at 10 00 a m in Estabrook Hall All interested persons retired from the meeting Town of Mr David Williams, Chairman of the Conservation Commission, and Dennis Mr Albert Zabin, Chairman of the Planning Board, recommended that Wetlands Lexington become a friend of the court regarding the case pending By-Law before the Supreme Court relative to the legality of a Wetland By- Law of the Town of Dennis They requested that Town Counsel work with them to prepare the necessary support statement Upon motion duly made and seconded, it was voted to authorize Town Counsel to exercise his judgment as to the measures in the best interests of Lexington with regard to itsB -Law and the in- volvement -volvement of that Bt-Law in the Dennis case 379 Selectmen's Meeting - 3 - November 20, 1978 Mr Hutchinson recommended that discussion on a Precinct 3 polling Precinct 3 place be tabled Polling Upon motion duly made and seconded, it was voted to table the Place matter of a Precinct 3 polling place pending the Town Manager's re- view with the School Administration. Mrs Mary Lou Touart, Chairman of the Permanent Building Committee, Bicenten and members of the Bicentennial Bandstand Committee met with the Board Bandstand- to request approval of the Buckman Tavern grounds for the location of Buckman the Bicentennial bandstand Mr Burnell said that the Lexington Rotary Tavern Club has offered to sponsor the cost of the bandstand as a gift to the town Mr Moore explained that the bandstand is 30 to 34 feet across in diameter, cedar shingle roof, removable stairs for inside storage, wooden railings, platforms to elevate the band More details would be available in a few weeks for Historic Districts hearings It would be over 100 feet from Buckman Tavern, set back from the road, and would not interfere with any of the buildings Mr Wilbur Jacquith said that the Historical Society has unanimously voted to oppose the installation of a grandstand on Buckman Tavern grounds The Society feels it would be incompatible with the historic area; a permanent structure which would be used only 10 weeks a year; a great concern about vandalism Mr Fred Bailey also represented the Society and the Church of Our Redeemer, which is greatly concerned about the possible spread of vandalism to buildings in the area After a brief distussion, the Board agreed to the Buckman Tavern grounds, and the Bandstand Committee is to go forward with preparation of detailed material to .be submitted at a requested hearing before the Historic Districts Commission Upon motion duly made and seocnded, it was voted to approve the recommendation of the Buckman Tavern grounds as the site location of the proposed Bicentennial Bandstand The Committee retired from the meeting The Board approved the following agenda items Upon motion duly made and seconded, it was voted to approve the Sheraton request of the Sheraton Lexington Inn for an extension of hours under Lex New the Innholder liquor license to 1 00 a m on New Year's Eve Year's Eve Upon motion duly made and seconded, it was voted to sign the 1-Day 1-day liquor license for a W R. Grace employees' party on November 20 Liq Lic and November 21, 1978 Upon motion duly made and seconded, it was voted to approve the Hanscom Fld following groups who have made applications for membership on the Adv Com Hanscom Field Advisory Committee National Business Aircraft Association, Inc , Washington, D C ; Merriam Hill Association, Lexington; William E Ziminsky, Technical Aeroservice Inc , Bedford; Raytheon Company Missile Systems Division, Bedford The Hanscom Field Advisory Committee had recommended the ap- proval of the Board of Selectmen 38o Selectmen's Meeting - 4 - November 20, 1978 Tax Chairman Battin read a recommendation from the Lexington Housing Title Authority that the moratorium on the sale of tax title land be ex- Moratorium tended to March 31, 1979 Upon motion duly made and seconded, it was voted that thee ! moratorium on the sale of tax titlelots on the scattered sites list be extended from November 30, 1978 to March 31, 1979 Appt Mrs Miley nominated Mrs C Jean Coates, 30 Donald Street, for Town appointment to the Town Celebrations Committee Celeb Upon motion duly made and seconded, it was voted to appoint Mrs C Jean Coates a member of the Town Celebrations Committee for a term of office expiring April 30, 1980 Chairman Battin announced that one vacancy still exists and the Board would appreciate receiving names of persons interested in music who would assist the committee in the selection of bands Affirm Mr Hutchinson informed the Board of the meeting this morning Action with the Massachusetts Commission Against Discrimination on the town's numerical goals and timetables, as outlined at the Select- men's meeting last week, these should bring us into substantial com- pliance with this part of our work program We have had some helpful suggestions from the Personnel Advisory Board on what the format should be and we have inculcated those into our proposal We pointed out to MCAD that we are also working on completing the system with a Fair Housing Plan, which the Planning Board is undertaking and a rough draft would be ready for review the first week in December We have also agreed to work with other appropriate town agencies and bring them under the aegis of the plan where it is deemed advisable to do so, even though they might have legal power beyond the scope of the Selectmen and the Town Manager The last item we would be working on would be the issue of contracting procedures, which would require some detail and MCAD has agreed to work with us on this because it is a little more complex The meeting was very positive and MCAD has agreed they would file a prompt response with the appropriate agencies Mr Hutchinson recommended that the Board consider adopting these numerical goals as they are compatible with our intent, and this does have an impact on funding for the town. Mr Busa said that he disagreed with the whole procedure as once we start putting quotas on, we are no longer an equal oppor- tunity employer No one in the state house or state government should be telling us what our goals should or should not be when we have thoroughly committed ourselves under the affirmative action program toward those goals; once you start putting numbers and dates and time, that was not his idea of affirmative action and an equal opportunity employer Mr Crain took exception to Mr Busa's change of the word "goals" to "quotas," which would imply follow-through in the face of whatever conditions exist At the Board's request, Mr Crain had met with Ms Edmonds of MCAD last week and he felt it was healthy what the 111 state is requesting as our best estimate of reasonable goals and 381 Selectmen's Meeting - 5 - November 20, 1978 timetable, with the opportunity, if conditions change, to describe why those weren't met; that is different than a quota He was convinced it was the right thing to do as there will be other aspects of funding considered, i e , pool, scattered sites It was clear to him that various State Secretaries are going to ask Ms Edmonds for an appraisal of the status of the town's affirmative action program, and if there is a lack of goals and timetables, she will have to say that we are not in compliance Chairman Battin, Mrs Miley and Mr Kent agreed with Mr Crain Upon motion duly made and seconded, it was voted 4.1 to approve an amendment to the Town of Lexington's Affirmative Action Plan, provid- ing numerical goals and timetables Mr Buse voted in the negative A copy of the amendment is to be hand-delivered to the Mass Commission Against Discrimination with a covering letter signed by the Town Manager, stating that the Board of Selectmen had approved the amendment and the Town of Lexington, as part of its work plan, would continue to evaluate recruitment procedures so we can increase the number of minorities and women candidates AMENDMENT TO THE TOWN'S AFFIRMATIVE ACTION PLAN Employment Goals Employment turnover in the Town is generally low, and, therefore employment goals must be both long-term and short-term recognizing the goal of developing a workforce which is ultimately characteristic of the SMSA workforce * During 1979 and 1980 there is only one reorganization scheduled The Fire Department will create 5 new Lieutenant positions and elimin- ate an equal number of Fire Fighter positions It is anticipated that the recruitment for the new positions will be within the Department Other reorganizations may take place in 1980, but at this time the Town Manager does not see any new positions resulting from such actions Turnover among present employees is very low During 1977 there were approximately 12 turnovers (16 2%) in the Department of Public Works, 1 turnover (less than 1%) among the clerical employees and 1 turnover (less than 1%) in the management level In DPW, about half of the turnovers result in new employees, the remaining in promotions Under Chapter 32B, Sec 118 passed in 1977, there is no longer a mandatory retirement age for municipal employees A review of the ages for recent retirees shows, however, that the average is between 62 and 65 years There are presently 33 employees who are or will reach 62 years of age in the next two years Approximately 75% of these can be expected to retire, assuming the same retirement trends continue under the new law *Workforce characteristics in Boston SMSA are presently 7 5% minority including 5% black and 2 5% Hispanics and 46 7 women Source Guidelines for Affirmative Action, Division of Employment Security ��I 382 Selectmen's Meeting - 6 - November 20, 1978 Projections for FY 79 show that there will be approximately 14 vacan- cies Employment goals for minority and women are outlined below' Projected Openings Women Minority Full-time paid employees Promotions New Hire Employment Employment ' Office Clerical 46 2 1 - 50% Management 46 1 3 1 - 25% Unorganized Service/Maintenance 9 Organized Public Works 74 15 5 1 - 20% Organized Fire 58 2 1 - 50% Organized. Police 52 1 1 -100% TOTALS 285 16 13 1 - '7 6% 4 - 30 8% The establishment of these goals recognizes some areas of concern Within the Public Works Area, the Union agreement requires promotion from within the organization, "except if the Director of Public Works determines that no employee who has so applied is qualified for the position " Under this agreement, efforts to recruit minorities and women is focused on entry level positions In these positions we give serious consideration to CETA employees whose employment meets other social goals To date under the CETA program we have only em- ployed one minority, and we are working with CETA to increase the numbers of minorities in the program In the Fire Department we have limitation this year as we are working off a 3-year list due to expire December 31, 1979 On that list there are no minority candidates remaining A minority appl,ica- cant was offered employment and turned down the appointment There are, however, women still on the list who are confident will meet the qualifications for appointment The five year goal will be to achieve employment parity with the minority representation of the Boston SMSA During the first quarter of 1979, the Town will complete a five year manpower plan, which will clarify specific numerical goals in various categories All employment goals are based on projections Goals will have to be revised based on actual turnovers s / Margery M Battin, Alfred S Busa, Mary W Miley, Robert B Kent, James F Crain Transfers- Mr Hutchinson recommended that the Board approve the list of trans- ' Art 5 to fers in the amount of $233,725 from Article 5 to line item accounts in Art 4 Article 4 to provide for the payment of approved salary increases Generally, we are in a favorable position on Article 5 because of vacan- cies not being filled However, there will be minimum requests coming to the Board on classifications which are still under review I 383 Selectmen's Meeting - 7 - November 20, 1978 IIIUpon motion duly made and seconded, it was voted to authorize Transfers transfers from Article 5 to Article 4, in the total amount of (cont'd) $233,725, as follows Acct Personal Appropriated Transfer from No Account - Services Art 4, 1978 Requirements Art 5, 1978 1060 Town Manager's Office $ 81,204 $ 82,322 $ 1,118 1075 Clerical Services 8,348 8,765 417 1150 Town Clerk's Office 49,640 52,589 2,949 1500 Board of Appeals 10,815 11,572 757 1600 Planning Board 38,655 40,178 1,523 2000 Board of Registrats 6,550 7,061 511 2470 Recreation 107,170 109,533 2,363 2500 Treasurer & Collector's 73,629 77,876 4,247 2800 Comptroller's Office 90,657 96,062 5,405 2950 Assessor's Office 55,561 58,061 2,500 3250 Health Department 39,198 41,840 2,642 3500 Animal Control Office 15,850 16,383 533 3760 Police Officers & Staff 293,665 308,689 15,024 3770 Patrolmen & Sergeants 790,331 859,285 68,954 4120 Fire Dept Coll Brgn Unit 965,771 993,800 28,029 4450 Inspection Department 65,142 70,382 5,240 4900 DPW-Coll Brgn Unit 973,689 1,014,574 40,885 111 4950 DPW Management & Staff 294,270 309,929 15,659 5100 Engineering 180,770 189,075 8,305 5200 Town Bldg Maintenance 57,296 62,468 5,172 7100 Veterans Benefits Off 8,910 9,494 584 7500 Library 360,805 375,713 14,908 7825 Non-Contrb.Ret Pension Fund 175,000 181,000 6,000 Totals $4,902,798 $5,136,523 $233,725 Article 5 Appropriations $300,000 Less Transfers 233,725 Total Available $ 66,275 The Board agreed to table the proposals for increased rates at the sanitary landfill, and building permit fees Upon motion duly made and seconded, it was voted 5-0 by roll call Executive vote * Mrs Battin, Mr Busa, Mrs Miley, Mr Kent and Mr Crain - to Session go into executive session, with no intention of resuming the open meeting, for the purpose of discussing strategy with respect to litigation, legal negotiations and the purchase of real property After discussion, it was voted to go out of executive session Upon motion duly made and seconded, it was voted to adjourn at 1100pm 9 A true record, Attest t III ›)) .. 2)?.c.......,„,f2; xecutive Clerk, Selectmen I SELECTMEN'S MEETING NOVEMBER 27, 1978 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, November 27, 1978 at 7 30 p.m Chairman Battin, Mr Busa, Mrs Miley, Mr Kent and Mr Crain; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assistant to the Town Manager; Mrs McCurdy, Executive Clerk, were present MAPC Mr Hutchinson informed the Board that he will contact MAPC regard- ing their letter on an energy conservation program and advise them that Mr Fred Sweet had been appointed as the Town's Energy Officer, and he has been attending a number of meetings with the State Energy Office MAPC In response to a-request from Mrs Frick, Lexington's MAPC repre- Alt sentative, the Board agreed to appoint an alternate Rep Upon motion duly made and seconded, it was voted to appoint Mrs Nancy Banks, Assistant to the Town Manager, as an alternate representa- tive of Lexington on MAPC Appt - Mr Busa submitted a nominee for appointment to the Town Celetrations Celebra Committee Committee Upon motion duly made and seconded, it was voted to appoint Mr Gerald Hagerty, 115 Reed Street, a member of the Town Celebrations Com- mittee, to fill an unexpired term of office to April 30, 1981 111 1979 Chairman Battin recommended approval of 1979 liquor licenses Liquor Upon motion duly made and seconded, it was voted 4E-0 _toapprotia re- Licenses newel of the following liquor licenses &impitisig December 31, 1979 Mr Busa abstained Restaurants Bora-Bora, Inc ; Lexington Enterprises, Inc d b a Peking Garden; Yangtze River Restaurant Package Goods Berman's Inc , 1775 Wine & Spirit Shop Inc , Lexington Liquor Mart, Inc , Busa Bros Liquors,Inc Vinebrook Corporation Clubs Lexington Council No 94 Knights of Columbus; Lexington Golf Club; Benevolent and Protective Order of Elks, Inc Resign - Mr Hutchinson informed the Board that he has received a letter of Martin resignation from Jerry Martin, Assistant Town Engineer, effective on December 8, 1978 He said that he had been extremely pleased with Jerry's work during his service with the town but an opportunity has opened up for him to work in the private sector, which will give him a broader breadth of experience now that the town is moving into a maintenance program. I 385 Selectmen's Meeting - 2 - November 27, 1978 Mrs Ruth Wales, Chairman of the Minuteman School Committee; Mr Minuteman James Wood, Lexington's Representative to the Minuteman Expansion Reg Voc Planning Committee; Mr Otis Brown, Chairman of the, Lexington School School Committee, met with the Board Chairman Battin said that the meeting was arranged to discuss the preliminary school budget, expansion of the school district membership and how it relates to our Lexington school program and filling our quota Mrs Wales said that the expansion is not in the budget as we have had only one meeting on it Our budget meetings start in November and go to January How much information is carried back to the towns is up to the town's representative Our proposed budget will be 3 5 percent higher this year and we won't know the real im- pact until we find out the amount of State Aid Five towns have expressed interest membership - Lancaster, Bolton, Hingham, Dover, and North Regional; Needham and Brookline may join The issue we dis- cussed is primarily how the new towns would participate in the capital expenses; they would be apportioned and would pay some reasonable sum The State pays 65 percent of the construction project Mr Wood presented a report and said that from Lexington's point of view we would look at how the addition of new towns would affect our cost, space available for our students, and the ability to in- fluence policy and planning Ron Fitzgerald will attempt to give us the answer to the question of what federal or state programs exist or may be planned which might impact enrollments The present enrollment is about 1200, with a capacity of 1400-1500; by law, class size is a maximum of 20 and Lexington has 115 students Proportionately, our percentage dropped a little so the cost per student dropped but the total cost went up To add five or six towns, you would have one vote out of eighteen Mrs Wales commented that there has never been a vote reflecting a town and nothing to suggest that anybody is trying to dominate You should consider something more than twelve towns Mr Brown said that, until recently, there hasn't been any input with the School Committee, except in an educational aspect There has not been enough emphasis and effort on our behalf to encourage youngsters to go there, and we hope to address this more seriously in the future One observation to the expansion of the district is that it would increase your per pupil cost, particularly on transportation to expand the district further out The town transports students for approximately one-half the cost for Minuteman to transport theirs Mrs Wales responded that the committee had discussed that, and for any town that is further away, there would be a transportation differential It was agreed that the Appropriation Committee representative is working with the Minuteman School Committee and Bob Jackson, Lexington's representative who also attends all meetings, would be invited to meet with the Selectmen annually for an update on school budget matters 38I Selectmen's Meeting - 3 -- November 27, 1978 A second access to the Minuteman School was discussed with the Transportation Advisory Committee and Dr Clarke of the Planning Board. Chairman Battin said that Engineering has advised that the aituatinnVill not be resolved until an engineering study of the area has been made After discussion, it was agreed that Mrs Wales, Chairman of the Minuteman School Committee, is to contact the Town Manager to discuss a possible police detail, opening the Boston Edison easement, the widening of Route 2A and working with the State DPW MBTA The Board approved the recommendation that the Transportation Bus Advisory Committee write to the MBTA suggesting modifications in the Route present bus route to Harvard Square inbound/outbound via Worthen Road, with a stop in front of Cary Library; morning inbound and after- noon outbound buses to travel Route 2 main roadway except to drop off and pick up transfers at Route 60 Chair- The Board approved the request of the Transportation Advisory Com- Car mittee to write to surrounding towns relative to sharing the cost for Van the use of the chair-car van for the elderly and the handicapped This van will be given to the town under the MBTA Suburban Transit proposal, which was awarded to Lexington in October subject to Town Meeting ap- proval Solid Mr James Reilly, Chairman, and members of the Solid Waste Ad- Waste visory Committee met with the Board to present recommendations for Report the town to join the Northeast Waste Disposal Council and the pro- posed incinerator in North Andover The facility would consume all the trash from surrounding communities and will generate electricity The town would deposit at a central transfer station and then it would be trucked to North Andover The committee felt that special education and planning programs should be initiated on mandatory town-wide trash collection and recycling and two articles should be in the warrant for the Town Meeting The Board thanked the committee for the report and agreed to give serious consideration to the proposal Permit Mr Hutchinson recommended that the Board approve increases in Fees - charges for Building Department fees, use of the landfill, and dog fees During discussion, the Board agreed to delete the fees for nursing home inspections until more information is submitted Bldg Upon motion duly made and seconded, it was voted to approve in- Dept creases in the list of fees submitted by the Building Commissioner, including building permits, building inspections, plumbing, gas, and electrical fees Landfill Upon motion duly made and seconded, it was voted to adopt the Fees following increased rates for sanitary landfill permits Daily commer- cial permits-$5 00; Yearly commercial residential permits-$10 00; yearly commercial stickers-$50 00; Yearly commercial stickers-$500 00 387 Selectmen's Meeting - 4 - November 27, 1979 Upon motion duly made and seconded, it was voted to adopt the fol- Dog lowing increased fees for pick-up of dogs First Offense-$25 00; Fees Second Offense-$50 00 Upon motion duly made and seconded, it was voted 5-0 by roll call Executive vote - Mrs Battin, Mr Busa, Mrs Miley, Mr Kent and Mr Crain - to Session go into Executive Session, with the intention of resuming the open meeting, to discuss strategy with respect to litigation and the sale of real property After discussion, it was voted to go out of Executive Session and resume the open meeting Mrs Miley announced that the Board had discussed the use of the Parker Parker School School Mrs Miley moved that the Selectmen designate Parker School as residential rental with a maximum of 30 units and would go to the developers to ask for two different types of proposals, one using only the present building and the other with some additions to the present building; that the town maintain walking easements, and that 25 percent of these units be low income housing Chairman Battin said that she would like to specify that she intended to vote for the motion but would like to abstain on the 25 percent low income housing as she would prefer 50 percent low and moderate income housing - 25 percent low and 25 percent moderate - and she would abstain on that section Mr Kent said that he would vote for the motion but he would have preferred that the low and moderate income housing be 50 percent rather than the 25 percent He would vote for the motion as made Mr Busa said that he would vote the entire motion with reserva- tions of what the definition of low to moderate income housing is Mrs Miley said that the moiton only has low in it Mr Buse said that he wanted a definition of low income Chairman Battin called for a vote on the motion as presented by Mrs Miley Upon motion duly made and seconded, it was voted unanimously to designate Parker School as residential rental with a maximum of 30 units and would go to the developers to ask for two different types of proposals, one using only the present building and the other with some additions to the present building; that the town maintain walking easements and that 25 percent of these units be low income housing Mrs Battin abstained on the percentage Upon motion duly made and seconded, it was voted to adjourn at 11 15 p.m A true record, Attest 11 lc441tort,,,e7 2h . ecutive Clerk, Selectmen 388 SELECTMEN'S MEETING December 4, 1978 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, December 4, 1978 at 7 30 P M. Chairman Battin, Mr. Busa, Mrs Miley, Mr Kent and Mr Crain;. Mr Hutchinson, Town Manager; Mr Norman Cbhen,Town Counsel; Mrs Banks, Assistant to the Town Manager; Miss Casey, Principal Clerk, were present Boston Chairman Battin opened the meeting with a hearing on the Boston Edison Edison petition to install guy wire and anchor on pole 195/99 on Waltham Street at Guy Wire Hayden Road and Notices of the hearing had been sent to the abutters as listed on the Anchor petitioner's plan and filed with the Public Works Department. A report from Emanuele Coscia, Jr , Acting Director or Public Works/ Engineering was read recommending approval One abutter present requested an explanation of the term "guy wire and anchor" and just where it would be located Mrs Carol Clinton of the Boston Edison explained the term and pointed out the location to the satisfaction of the abutter Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison Company for the following location Waltham Street, easterly side, opposite Hayden Road - One (1) guy wire and anchor N.E TEL Chairman Battin opened the hearing on the New England Telephone Company & TEL for permission to install one pedestal terminal on Hastings Road and the in- Conduit stallation of conduit on Massachusetts Avenue at Hastings Road Mass. Ave Notices of the hearing had been sent to the abutters as listed on the Pedestal petitioner's plan and filed with the Public Works Department Hastings Several of the abutters were in attendance and expressed concern for the Road trees in the area plus some expressed concern regarding visability for motor- ists driving into and out of Hastings Road Mr. Pinault and Mr Yauckoes, representatives of the Telephone Company went over the plans with the abutters, and after considerable discussion, it was felt that the abutters were satisfied that all precautions would be taken to preserve the trees and visability in the area It was also pointed out by Mr Pinault that the Telephone Company would be responsible for any damages incurred. A report from Mr. Coscia stating that he had reviewed the revised re- quest from the New England Telephone Company and he felt that the Telephone Company's answers and his department's inspection of the proposed pedestal were in order and recommended approval. Upon motion duly made and seconded, it was voted to grant permission to the New England Telephone and Telegraph Company for the following location Mr. Crain abstained: Massachusetts Avenue on the northerly side, starting from exist- ing manhold 54/82 located approximately 137'+ (feet) west of Hast- ings Road, to point A, thence northwesterly on Hastings Road approxi- mately 224'+ (feet) to existing pole 340/5, and again from point A 389 Selectmen's Meeting - 2 - December 4, 1978 III southeasterly on Hasings Road approximately 128'+ (feet) to new manhole 54/82A thence 75'+ (feet) to existing pole 43/2, then from point B. westerly 50'+ (feet) to existing pole 75/159 approximately 614'+ (feet) of conduit Hastings Road on the easterly side approximately 80'+ (feet) south of Massachusetts Avenue, one (1) manhole and one (1) pedestal terminal Chairman Battin called upon Mrs Nancy Banks who addressed the Board Human and stated that she and Ralph Halperin of the Boston College Interns were Services to present a brief preliminary report on their study of human services in Report the Town of Lexington. She explained that the team has been here since Boston September and would have a completed report ready for the Board on Decem- College ber 18 She explained that the team had done three surveys a citizens Interns survey, agencies and Town Meeting Members surveys and had obtained hard data as to just what the human services needs are in the town and what is now being provided. As a result of the data that had been obtained, the team felt comfortable with the preliminary report as presented. They had also met with a task force of citizens Mr. Halperin explained in detail the report that the Selectmen had received and explained that more collating of data will be done before final recommendations can be made He suggested the need for a human re- sources commission that would be a formal and permanent committee, made up of representatives of the Council on Aging, Youth Commission, School Committee and Recreation Committee and also five citizens chosen at large Selections would be made by the Town Manager and approved by the Select- men Essentially, the conclusions of the team were that Lexington does not have adequate capacity for addressing human services needs, that there is no coherent framework or policy for human services in the town although the town does provide services, agencies look at specific needs and how to fill them, but no one looks at broad social development, the town hasn't developed the capacity to be an "equal partner"with state, federal and private human services providers, the town government needs a monitoring and evaluation program for human service delivery and that human services provision is growing at every level of government and should be controlled with rational planning Mr Busa felt that the report had a built-in bias as the students were all graduate students in social work and that Lexington is already providing human services Mr Crain stated that he felt that the report was objective inasmuch as the students' relationship with the community was concerned, and not their major fields of study, and pointed out that the Board has allocated funds for many of the activities surveyed He felt that the interns may provide hard data with which the Selectmen can make judgments on allocations After further discussion, Mrs Battin thanked Mrs Banks and Mr Halperin for their time and efforts in compiling the report Mrs Banks and Mr. Halperin retired from the meeting 3900 Selectmen's Meeting - 3 - December 4, 1978 Use of the The Chairman read a request from the Lexington Minute Men for the Battle Green use of the Battle Green in April, 1979 for the battle reenactment Lex. Min.Men. Upon motion duly made and seconded, it was voted to grant approval for the use of the Battle Green in April, 1979 for the reenactment of the battle Abatement A request from fire Chief Bergeron for abatement of an ambulance Ambulance bill was read by the Chairman. bill Upon motion duly made and seconded, it was voted to abate the following ambulance bill NAME AMOUNT WHY ABATED Donna Bellino $2 50 Incorrect amount Certification The Chairman read a request for a Certification of Incorporation ex- of Moor- plaining that it was merely a mail drop off poration Upon motion duly made and seconded, it was voted to approve the request of the Greater Boston Association of Black Executives, Inc. for the location at 26 Taft Avenue Liquor Upon motion duly made and seconded, it was voted to approve the Licenses following liquor licenses for the year 1979 Common Victualer Lee Ann's Restaurant and LeBellecour Restaurant Innholder Sheraton Lexington Motor Inn Elks extension The Chairman read a request from the Lexington Elks Club for an ex- of hours tension of hours under their Club Liquor License until 2 00 a.m on Liquor Lic New Year's Eve New Year's Mr Busa moved that the license be extended to 1 00 a.m. as granted Eve in previous years Upon motion duly made and seconded, it was voted that the hours on the Club Liquor License of the Lexington Elks Club be extended to 1 00 a.m on New Years Eve. Sewer Defer- The Chairman read a request from Five Fields, Incorporated for a ment further deferment of sewer betterment on property fronting on Concord Five Fields Avenue and Barberry Road In response to a question by Mrs Miley as to what other communities do with similar requests, the Town Manager explained that it is customary to grant such deferments and recommended that the request be granted sub- ject to the conditions stipulated by the Board of Selectmen Upon motion duly made and seconded, it was voted to grant a further deferment of a sewer betterment charge of $300 60, on land owned by them fronting on Concord Avenue and Barberry Road, under the provisions of Chapter 159 of the Acts of 1950, without interest, until said land or any part thereof is further developed, sold or until the expiration of three years from the date hereof, whichever occurs first;provided, how- ever, that this extension of time shall terminate immediately if said land or any portion thereof is further developed or sold 391 Selectmen's Meeting - 4 - December 4, 1978 A letter of resignation from Frank H Totman, Jr. as a member of Resignation the Town Report Committee was read by the Chairman Frank H. Totman Upon motion duly made and seconded, it was voted to accept, with Town Report Comm. regret, the resignation of Frank H Totman, Jr as a member of the Town Report Committee. A recommendation from the Co-Chairmen of the Town Report Commit- Appointment tee submitting the name of Robert B Sawyer to replace Mr. Totman. Robert B. Sawyer Upon motion duly made and seconded, it was voted to appoint Mr Robert B. Sawyer to the Town Report Committee for a term of office to expire May 31, 1979. The Chairman read a letter from David Reiner, Chairman of the Appointment Lexington Democratic Town Committee submitting three nominees for the Lilah H office of Registrar of Voters Groisser Upon motion duly made and seconded, it was voted to appoint Registrar of Lilah H. Groisser, 510 Concord Avenue, Registrar of Voters to fill Voters the unexpired term George E. Williams, to expire March 31, 1979 Upon motion duly made and seconded, it was voted to approves the Minutes minutes of the Selectmen's Meeting of August 28, 1978. The Chairman read a memo from the Co-chairmen of the Town Report Town Counsel Committee requesting that a report from Town Counsel be submitted for report for the town report giving the general picture of the Town Counsel's role Part I of and an idea of the cost of his services Town Report Mr. Cohen agreed to submit the report as requested The Town Manager submitted the proposed municipal budget calling Town Manager's for total spending of $32,655,661 ($712,262 more than last year) an Proposed increase of 2 2% He pointed out that this does not include the Municipal school budget as the School Committee was still in the process of re- Budget viewing its budget and some increase may be anticipated subject to 1979-80 whatever policy decision they make Additional assessments for State and County Government against the town or reduction of State aid would further increase his proposed tax rate of $89.20 or $1 00 less than last year's rate of $90.20 He pointed out to the Board that he is required by law to submit .a tax rate at this time, but it is subject to change He pointed out that efforts of cost containment by the town and school system have provided available surplus within the E & D Fund which has available funds of $1,680,000 which is $685,282 over last year He feels that this revenue combined with estimated limited economic growth will help to control the tax rate. He briefly reviewed the report that had been given to the Select- men outlining the goals, operating expenses, capital expenditures and mandatory recycling and trash collection The budget will be reviewed in detail with Department Heads, Town Meeting, Appropriation Committee, Capital Expenditures Committee and other interested groups at a later date. 392 Selectmen's Meeting - 5 - December 4, 1978 He informed the Board that he felt that to obtain tax stabilize- tion and meet the goal of no tax increase, forces beyond our control must be influenced by the Board and citizens, namely, the Legislature in the area of charges to the Town for State services He feels that there should be no cut back in revenue supporting services that the State mandates He feels that the Town is moving in the direction of tax stabilization for the next several years if those forces can be addressed Mr Kent informed the Manager that he had difficulty in one area and that was the proposed tax reduction of $1 00 He felt that it might possibly be misinterpreted by the citizens at the present time and a $1 00 reduction in the tax rate would be expected while there is still much work to do before the final figure is obtained Mr Crain agreed that no prediction should be made at this time The Manager agreed with Mr Kent and Mr. Crain and pointed out that he had stated that the school department budget figures were not in and that an increase was expected which would affect the budget pointed out that by law he must submit an estimated tax rate at this time The Manager informed the Board that the Recycling Committee has requested permission to insert another flyer in the water bills re- lative to the curbside pickup Recycle Upon motion duly made and seconded it was voted to authorize the Flyer Recycling Committee to insert flyers in the water bills requesting Water Bills citizens to participate in the Curbside pickup of recyclables Fire Dispatchers The Manager requested that the salaries of the fire dispatchers Increase be raised by $500 00 to place them at a salary more competitive with surrounding communities He said that he has completed a review of six towns and felt that the starting salary of Lexington was low Mr. Crain stated that he felt that the Personnel Advisory Baord should be consulted in the matter before a decision was made. It was agreed that a decision would be deferred until after the Personnel Advisory Board had reviewed the problem. Sewer The Manager informed the Board that he was in the process of Hearing updating the report of the sewer hearing that was held on Thursday evening The Sewer Advisory Committee will be submitting its report. Mr. Hutchinson stated that it will be recommended that certain streets be deleted from the program. He stated that he hoped that some under- standings could be reached if the Board decides to delete these streets that we do not intend to come back at a later date for the extension of sewer line The Selectmen's hearings will be held on December 11, at which time complete reports from the involved committees will be avail- able Revenue The Manager informed the Board that he had held the Administrative Sharing hearing that he is charged to do on the revenue sharing and the proposed Hearing use of monies He stated that $525,000 was expended last year on various 393 Selectmen's Meeting - 6 - December 4, 1978 human services and other traditional line services He stated that he expects to receive less this year or about $420,000 It was agreed that the Selectmen's hearing would be deferred until after the closing of the warrant. The Manager informed the Board that he had contacted the Department Village of Public Works regarding the maintenance problem at Village Circle and Circle the letter that was sent in by the residents in that area The entire area is to be seeded in the spring which should resolve the problem The Board and the Manager discussed the goals for the next five Goals and years and the Manager referred to spread sheets which he said would have Procedures to be updated It was brought out that there have been significant fluctuations in the tax rate in which there was no systematic pattern as one in dealing with outside forces such as State and County assessments. He informed the Board that he will be meeting with Mr. Crain, Mr Brown and Dr. Lawson to discuss the school budget which has significant impact on town spending Mr Hutchinson pointed out that there are many areas that have a great influence on town spending He brought out the point that the taxable list- ings have been growing at a rate of 2% and the town's expenses have been increasing at a rate of 5%. Mr: . Battin suggested that each member of the Board try to figure out the areas in which he saw the greatest need and most pressing problems and have that discussed and from that agree on four or five and set goals on those for the next discussion of the goals and procedures There will be a further discussion regarding the goals and procedures to meet these goals again in a few weeks. Upon motion duly made and seconded, it was voted by a 5-0 roll call Executive vote to go into Executive Session, with no intention of resuming open Session meeting, for the purpose of discussing strategy with respect to litigation and to consider the purchase, exchange, lease or value of real property After discussion, it was voted to go out of Executive Session. Upc.n motion duly made and seconded, it was voted to adjourn at 10 45 P M. A true record, Attest (� \ " ded_L:cx, 577 0 Principal Clerk Selectmen (! 1 394 Special Meeting of Board of Selectmen - December 6, 1978 The meeting was called to order at 7 30 p.m. Present were Mr Kent, Mr. Busa, Chairman Battin, Mrs. Miley and Mr Crain Also present were Mr Hutchinson, Warren Empey, Acting Director of Public Works and Emanuele Coscia, Director of Planning and Administration for Public Works. The Manager reviewed the expense accounts of the Public Works Departtent with the Board of Selectmen outlining areas of increased and decreases. The accounts reviewed were 5000 DPW office 5150 Engineering 5250 Town Building Maintenance 5400 Highway Maintenance 5450 Road Machinery 5500 Snow Removal 5550 Traffic Regs & St Signs 5600 Street Lights 5700 Sewer Maintenance & Sewer Service 5800 Garbage Collection 5850 Sanitary Landfill 5900 Water Maintenance & Water Service 6000 Park 6050 Insect Suppression 6100 Shade Trees 6150 Dutch Elm Disease 6400 Cemeteries Questions were generated by the Board asking for a brief overview of streets that would be done in the overlay program recognizing that these might change somewhat Mr Crain asked what was the ratio of the payroll to expenses in the Public Works Department The Manager responded that approximately 2/3 of the DPW budget- direct and indirect - was for payroll One third was for expenses Mr Crain requested a brief review of sick leave experience within the Public Works Department and the Manager said that he would obtain this data. The Board instructed the Manager to pursue money for the bleachers for a transfer from the Reserve Fund with the Appropriation Committee in order that the bleachers might be completed this year. Mr Coscia pointed out that our timetables would be tight even with this transfer and some other projects would have to be delayed to get the bleachers done The Board instructed the Manager to pursue getting the bleachers repaired Chairman Battin asked the Manager and the Board of Health to review insect suppression as to whether the mosquito that carries encephalitis was really being controlled with this limited program 390 Special Meeting of Board of Selectmen - December 6, 1978 The Board of Selectmen asked for a review of the Building Maintenence proposals and the Manager outlined them, which included certain roof repairs on the Town Office Building, maintenance, energy conservation measures on Cary Memorial Hall, replacement of hydraulic lifts at the DPW barn, etc The Board agreed to review the Police and Fire expense budgets the following week with the overall approach being to look at details of various Departments after assessing the total picture and then to review the total picture again after the administration generates responses to the specific questions generated by the Board The Board asked for updated information on equipment being requested at the Cemetery and man hours that would be saved by new equipment The Manager said he would get this for them The Board completed its original review of the Public Works expense area at 900 P M Upon motion duly made and seconded,it was voted by Mrs Battin, Mr. Buse, Mrs. Miley, Mr Kent and Mr Crain, in a 5-0 roll call vote to go into Executive Session, with no intention of resuming the open meeting, for the purpose of dis- cussing the purchase, exchange, lease or value of real property. After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10 00 P.M. Respectfully submitted, 44-4), Robert M. Hutchinson, Jr Town Manager 397 SELECTMEN'S MEETING DECEMBER 11, 1978 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, December 11, 1978 at 7 30 P.M Chairman Battin, Mr Buse, Mrs Miley, Mr Kent and Mr Crain; Mr Hutchin- son, Town Manager; Mr Cohen, Town Counsel; Mrs Nancy Banks, Assistant to the Town Manager; Mrs McCurdy, Executive Clerk, were present Chairman Battin opened the sewer hearing and said that the Selectmen FY 80 are to review and determine which sewers are to be included in the FY 1980 Sewer sewer package This is the first package to be done under the Sewer Mas- Hearing ter Plan which was authorized under the bonding passed by the 1978 Annual Town Meeting and we will be going through the preliminary streets that were suggested to the Town Meeting, with two additions which were suggested by the Board of Health in May, 1978 She read the notice that had been sent to abutters that the Town has adopted a comprehensive sewer master plan that calls for completion of sewering the Town over the next five years Priorities have been established based upon existing or anticipated health problems and also what would be logical construction packages An adminis- trative hearing would be held on November 30 and the Selectmen's hearing on December 11 A postcard was enclosed requesting that the abutters in- dicate whether for or against the sewers and any additional comments prior to the hearings The administrative hearing was held on November 30 and the full Sewer Advisory Committee was present We had also asked that the Planning Board, Conservation Commission and the Board of Health send staff members to that hearing and a formal review and comments to be sent to the Selectmen by tonight Before making its final decision, the Selectmen agreed at the Town Meeting to have the specific recommendations of the Board of Health; petition results - number of proponents and opponents; the construction cost per house and the betterment to be assessed per house and, from the Planning Board, the potential development of adjacent land if a sewer is installed Mr Hutchinson said that at the hearing on November 30, there was some support for and a number of objections to the sewer plan After reviewing those objections, the Public Works Department has recommended that Follen Road and Warren Street be deleted, based upon excessive costs for installa- tion and no immediate or anticipated need for sewers in the area Peter Chalpin and Frank Leahy, Town Engineers, and Don Dargie of Whitman and Howard were present Dr Cosgrove, Chairman, and James Lambie of the Board of Health; George Smith, Director of Public Health, were also present to submit comments There were no formal comments submitted by the Planning Board or the Conservation Commission 398 - 2 _ Selectmen's Meeting December 11, 1978 Mr Frank Leahy presented the information on the proposed list of sewers, including the recommendations of DPW/Engineering and, in some instances, the Board of Health Chairman Battin read the recommendations of the Sewer Ad- visory Committee relative to each street Wellington Lane Avenue and Meadow Brook Avenue Recommended by Engineering, Board of Health particularly because of a serious problem at 51 Well- ington Lane Avenue, and the Sewer Advisory Committee Stratham Road; Recommended by Engineering, Board of Health, and Sewer Ad- visory Committee Engineering's report stated that Stratham Road was recently added to the FY 80 proposal, based on an August, 1978 recom- mendation from the Board of Health as a result of the failure of the septic systems at #10 and #14 While these systems have been repaired, these repairs are of a temporary nature and the systems may fail again at any time Also, the system at #10 is on land owned by #11 and #19 Stratham Road From an economic viewpoint, the recommendation is that the sewer be extended to the intersection of Woodbury Road Mrs Francis Cooke, 2 Stratham Road, and Mr John White, 10 Woodbury Road, voiced objections Mrs Cooke said that she had experienced only one problem in 34 years Mr White stated that his home is on an isolated lot; the assessment of $4,000 is excessive Mr Hutchinson said that the assessments are somewhat high but cer- tain accommodations could be made for extending the sewerage to the house He pointed out that we would be effectively sewering all of Stratham Road and the Board should consider that we would be delet- ing one house that might potentially be sewered Mr Smith said that Board of Health records show that repair work was done on one home on Stratham Road about four and a half years ago and it was believed that the system would not function for a prolonged period of time When we performed repairs on one house in September, we found that the direct connection was borken; test holes were done and we found a high water table, and we believe that the system is leaking into the North Lexington Brook The house is within 200 feetof Worthen Road and the houses are all in one cluster The water table is unusual as the area has ledge, hard- pan and blue gravel Carville Avenue Recommended by Engineering, Board of Health, and Sewer Advisory Committee, with the suggestion that the easement to Trotting Horse Drive be investigated Mr James Bergman, 47 Carville Avenue, was present and was in favor of the sewer construction as there is no remedy for his problem but to tie into the system. Follen Road Engineering and the Sewer Advisory Committee recommend de- letion from the list Residents of #77 and #99 are opposed as there are no problems Two houses and two lots involved; some lots drop off a cliff 399 Selectmen's Meeting - 3 - December 11, 1978 t King Street Recommended by Engineering; Sewer Advisory Committee recom- . i&dnds consideration of running sewer only to #8 as the owner is the only one who wants it; 9, 10, 14 and 16 do not Mr Dennis Lowry of 14 and 16 said that he and the residents of 9 and 10 were satis- fied with the systems; also, the street would be a hazard when the sewer was under construction Mr Hutchinson assured him that there will be access for public safety vehicles He pointed out that the systems are old, ownerships can change, and if we decide to extend the sewer, we would recommend doing the whole thing, not part Mr Smith said that the Board of Health had received no complaints in that area There are four or five houses on relatively small lots; there appears to be some ledge in the area #8 put in a swimming pool and that would take away any area for expansion; we require a distance of 25 feet from the pool for a leaching facility At the present time, #8 does not have a problem. Allen Street Recommended by Engineering, Board of Health and Sewer Ad- visory Committee Mr Hutchinson said that questions were raised at the November 30 hearing about the Trinity Covenant Church area, and that can be developed with or without this sewer because there is other sewer available He agreed to look into the question raised by Mr Martin Hopkins, 69 Allen Street, as to what happened to the recommenda- tion made 15 years ago to round off a corner of Allen Street to go through to Clematis Road Pitcairn Place. Recommended by Engineering, Board of Health and Sewer Ad- visory Committee It was noted that this sewer would not be available until construction takes place in Allen Street Lowell Street. Retommended by Engineering, Board of Health; the Sewer Ad- visory Committee reluctantly recommended construction as some of the residents did not want it because of the hardship Mr Leahy said that in order to do Lowell Street, part of North Street from Lowell Street to .the -Adams Street pumping station would have to be done Mrs Solglad Burch, 684 Lowell Street, and Mrs Jeannette Cochran, 662 Lowell Street, spoke in opposition and stated that there were no problems with the present septic systems; also, there would be a financial hardship because all but one of the ten homeowners in- volved were retired and living on fixed incomes Mrs Laura Nichols said that the Planning Board recommends that the sewer be constructed- as there are two parcels of land abutting the Burlington line which we will be recommending for public housing sites Mr Sam Silverman, 18 Ingleside Road, said that a majority of the residents were against it and unless there is a compelling need, he was not convinced Mr Hutchinson replied that there are two concerns, (1) to provide adequate sewers for existing problems; (2) to serve housing needs, we must get access to the sewer system. This Board is sensitive to the needs of people who have referenced concerns relating to hard- ship, income, and where the sewers will go; that must be considered in light of the extension of sewers - with a very conscious decision to be made whether to extend or not - so that five years from now, this Board is not confronted with the question of extending sewers on property that is petitioning you to have sewers made available because of a problem. SOO Selectmen's Meeting - 4 - December 11, 1978 Rockville Avenue Recommended by Engineering (to flow towards Philip Road, and the Board of Health because of existing health conditions; the Sewer ADvisory Committee recommended that Rockville Avenue return to the original proposal towards Swan Lane Bird Hill Road Recommended by Engineering because of the age of present systems and no room to expand or repair them. To sewer the street, 340 feet will be in Davis Road The Sewer Advisory Committee recom- mends construction Chandler Street Recommended by Engineering to be extended to service 1i3 Chandler Street because of the age of the present system and lack of a good alternative solution The Sewer Advisory Committee recom- mended further study, depending on the solution to Oakland Street and Glen Road South. Mr Code said that there is ledge in the area and the houses are on the downward side of the hill The suggestion has been made to connect one house to Oakland Street Mr Leahy said that the sewer is available above these houses but it would require pumping systems in their houses It was agreed to review the proposal Edgewood Road Engineering recommended construction of the sewer; the Sewer ADvisory Committee recommended further study because of high costs and difficult connections Mr Ronald Brown, 27 Edgewood Road, said that since he was the only one to use, he had suggested that consideration be given to the service coming out of Wadman Circle as the town would spend far less by this connection Mr Leahy pointed out that the sewer is already in Edgewood Road, coming up Patriots Drive Somerset Road Engineering recommended construction because of the age and substandard size of the systems; Board of Health recommended because of health problems; the Sewer ADvisory Committee recom- mended construction Oakland Street The Sewer Advisory Committee recommended going behind the houses on Oakland Street and down Glen Road South Mr Leahy said that the sewer is available to those houses but it would re- quire pumps to get there. Abbott Road: Engineering and the Sewer Advisory Committee recommended construction of an extension of 320 feet of sewer to connect the last two houses on Abbott Road; this extension is also necessary to service two houses on Oakland Street Glen Road South. Engineering and the Sewer Advisory Committee recom- mended construction to service one house on Glen Road South and one house on Round Hill Road Round Hill Road Engineering recommended sewering three houses on Round Hill Road with one house to be serviced from Glen Road South; for the other two houses, it is proposed to eliminate the originally proposed 8" sewer mains with 6" laterals; part of this cost will be paid for by the town Not recommended by the Sewer Advisory tot Selectmen's Meeting - 5 - December 11, 1978 Committee as it would be too costly to the resident Mr Myron Blanchard, #16 Round Hill Road, was present and spoke in opposition and asked to be connected to the Grant Street sewer Mr Leahy said that #16 would be flowing into the Grant Street sewer After discussion, it was agreed that Oakland Street, Glen Road South and Round Hill Road require further study and a meeting is to be arranged for more dialogue with the residents Meriam Street Engineering recommended an alternate proposal by utilizing an easement on the properties at #56 and #60 The Sewer Advisory Committee recommended further study by investigat- ing an alternate plan for #57 only; the connection for ther residents being too difficult Mr John Buchanan, 56 Meriam Street, suggested that the sewer be brought up to the edge of his property Mr Code, Sewer Advisory Committee member, said that #57 had previously requested to be connected and #60 is against construction; unless you are considering them, he saw no point in bringing the sewer all the way up the street; he mentioned the difficulties, including ledge Mrs Laura Nichols, Planning Board member, was concerned that blasting could affect Granny's Pond and lower the water table. Chairman Battin assured her that Engineering will investigate and come back with information Grant Street Engineering and the Sewer Advisory Committee recommended construction; also, the Board of Health because of the age of the systems Wachusett Drive Engineering and the Board of Health recommended con- struction for health problems and the need to service Fair Oaks Terrace; the Sewer Advisory Committee recommended further study, coordinated with Fair Oaks Terrace Mr Chalpin, Engineer, said that there are two proposals, (1) in Fair Oaks Terrace approximately 20 ft deep; (2) an easement over private land and constructing the sewer down to Wachusett Drive To do this second proposal, the sewer on Wachusett Drive must be constructed Fair Oaks Terrace* Recommended by Engineering, the Sewer Advisory Com- mittee recommended further study as the residents had not been in- formed on the alternate proposal (see above) Engineering to come back with more information Warren Street. Engineering recommended deletion; the Sewer Advisory Committee recommended further study Middleby Road. Recommended by Engineering, Board of Health and the Sewer Advisory Committee for construction I 0 Yaz Selectmen's Meeting - 6 - December 11, 1978 Maple Street Engineering, Board of Health, Sewer Advisory Committee recommended construction as the systems are at least 16 years old Mrs Walsh, 28 Maple Street, was opposed and stated that she had no problems with her existing system Robinson Road Mrs Jane Kenealy, 20 Robinson Road, requested the Board's consideration of sewer construction on Robinson Road; she and her neighbor at #22 were the only people to sign the petition Mr Hutchinson pointed out that Robinson Road was scheduled for next year on the master plan but consideration would be given to her request Robbins Road. Deleted Summit Road Included in the Moon Hill project Chairman Battin declared the sewer hearing closed and informed the residents that the Manager will work with those who wish to dis- cuss any problems Treasurer Mr Louis A. Zehner, Town Treasurer, met with the Board to recom- mend borrowing $344,900 - $70,000 for cemetery land and $274,900 for conservation land Bids had been received and he requested approval of borrowing from the bank offering the lowest interest rate Upon motion duly made and seconded, it was voted to authorize the Treasurer to borrow $344,900 from the Old Colony Bank and Trust Co of Middlesex County at 5 04 percent interest, notes to be dated December 19, 1978 and mature on June 18, 1979 Police Chief Corr met with the Board to discuss the Police budget in the Budget amount of $143,000 An increase of $4,500 is requested to upgrade the police teletype by the use of the cathode ray tube for video readout instead of the existing printer; the response will be quicker and allow the department to implement the criminal justice information system $1,200 is requested for the purchase of three resuscitators for police vehicles and $1,500 for automotive items, including escalation of gaso- line prices and new vehicles to be purchased Chief Corr said that because of being in a rural area and the safety factors involved with speed, we should stay with the V8 cars; they are now using the Impala model Specifications are made up, bids advertised in the newspaper, and packages sent to Plymouth and Chevrolet companies The authorized strength for the police department is 54 We have five 1-man cars in the four quadrants of the town and, whenever possible, we have 1 or 2-man cars We would like to increase by 5 to 10 men but due to existing budget pressures, we are operating at the minimal level of strength Our general demand for services is still on the increase and we are almost understaffed when we talk of manpower per thousand Of the 35 towns in the immediate vicinity, Lexington ranks 30th in manpower per thousand We have six cadets, three in school and three working with us; all six are with us from June to September Mrs Banks added that the Personnel Advisory Board had looked at it in terms of recruitment and goals and their recommendation was to broaden the recruitment This we did by adding one cadet from out of town Chairman Battin thanked Chief Corr for his presentation and he retired from the meeting Selectmen's Meeting - 7 - December 11, 1978 The Board discussed and approved the following recommendations of the Traffic Safety Committee Traffic - Upon motion duly made and seconded, it was voted to accept the report of the Traffic Safety Committee supporting the recommendation of Chief Corr that it is not possible to comply with the request of the President of the Chamber of Commerce for assignment of a police Depot Square officer to the pedestrian crossing at Depot Square during the noon- time period due to priorities of existing manpower Upon motion duly made and seconded, it was voted to accept the Shirley St recommendation of the Traffic Safety Committee that no action be taken at this time on the request from Mr Frank Sandy, on behalf of Greeley Village residents, for the installation of appropriate speed control signs on Shirley Street Mr Hutchinson agreed to write to the President of Greeley Village Association that the traffic volume on Shirley Street does not warrant posting and, in some cases, posting can potentially cause accidents However, the police department will continue to monitor the area Upon motion duly made and seconded, it was voted to accept the Mass Ave recommendation of the Traffic Safety Committee that no action be taken Oak Street at this time on the request of Mrs Charles Park, 10 Lois Lane, for the installation of warning signs at the curve on Mass Avenue in the vicinity of Oak Street The report stated that the 44 ft pavement is essentially flat, is speed zoned at 30 MPH and two "Go Slow Children" signs are installed in each direction Accident records revealed that no pedestrians were involved in the four accidents reported in 1978 Upon motion duly made and seconded, it was voted to accept the Muzzey St recommendation of the Traffic Safety Committee to amend the Traffic No Parking Rules and Orders of Lexington by adding the following to Article V, Park Drive to Section 2, Schedule 1 No Parking on Muzzey Street, Easterly Side Forest St from Park Drive to Froest Street This added regulation was requested by the First Church of Christ, Scientist, 16 Forest Street, to protect new trees and grass in the area Chairman Battin read a report from the Traffic Safety Committee Grapevine recommending that no action be taken at this time on the request of Avenue Mr Robert Kulin, 22 Grapevine Avenue, that parking be prohibited on Grapevine Avenue from 9 00 a m to 5 00 p m on Monday through Friday The report stated that some parkers are utilizing public transportation and others are employees of the Minuteman Home Care Corporation, and such a prohibition would encourage parkers to move over to Waltham Street or Marrett Road, which is a congested and accident-prone area During the discussion, it was noted that the Minuteman Home Care Center plans to move from the present location and, hopefully, this should alleviate the situation 4(o 0 Selectmen's Meeting - 8 - December 11, 1978 The Board agreed to refer back to the Traffic Safety Committee the matter of parking on Grapevine Avenue, with the recommendation that the committee reassess parking conditions after the Minuteman Home Care Center has left its present location When this committee meeting is held, the Board suggested that citizen members be present for their input LeBelle- A letter from LeBellecour Restaurant requested an extension of hours cour - Upon motion duly made and seconded, it was voted to approve the ex- New Year's tension of hours to 1 00 a m on New Year's Eve for Le Bellecour Restaurant located in Lexington Center Upon motion duly made and seconded, it was voted to approve the Minutes minutes of Selectmen's meetings of October 3 and October 11, 1978-open sessions, and October 23, 1978-open and executive sessions Licenses Upon motion duly made and seconded, it was voted to approve the renewal of the following licenses COMMON VICTUALER LICENSES Walnut Farm Trust d/b/a Powder Horn 7 00 a m -10 00 p m 7 days Golf Club Lexington Enterprises, Inc d/b/a 11 00 a m -11 00 p m. Mon.-Sat Peking Gardens 1 00 p.m -11 00 p m. Sunday Three A's Foods, Inc d/b/a Chadwicks 6 00 a m -11 00 p m 7 days111 Howard Johnson's 24 hours per day 7 days Yangtze River Restaurant 11 00 a m.-12 00 Mid 7 days Baskin-Robbins Store #1723 8 00 a m -12 00 Mid 7 days Christo's 6 00 a m.-10 00 p m. 7 days Lexington House of Pizza 10 00 a m.-11 00 p.m 7 days Arno's Deli 6 00 a m - 6 00 p m 7 days Bora-Bora, Inc 11 30 a m -11 00 p m 7 days Pine Meadows Country Club 7 30 a m -until dark 7 days Lee Ann's Restaurant 11 00 a m -12 00 Mid Mon -Sat 1 00 p m -12 00 Mid Sunday Sheraton-Lexington Motor Inc:. 7 00 a m -12 00 Mid 7 days Pewter Pot 7 00 a m -12 00 Mid 7 days ENTERTAINMENT LICENSE Sheraton-Lexington Motor Inn Dinner dancing in the main dining room from 5 00 p.m to 12 00 Mid Friday and Saturday evenings only CLASS I LICENSES Rowe Chevrolet, Inc 1668 Massachusetts Avenue Rowe Chevrolet, Inc 33 Bedford Street Lexington Toyota Motor Sales, U.S A Inc 409 Massachusetts Avenue Auto Engineering, Inc 436 Marrett Road CLASS III LICENSE John P Carroll Co , Inc 31 Allen Street Selectmen's Meeting - 9 - December 11, 1978 I Chairman Battin informed the Board that Transportation Management Transporta Corporation has submitted the list of registration numbers for limousine Management licenses for the remainder of 1978 and renewal of licenses which would Airport expire on December 31, 1979 Approval of the application for Lexington/ Service Logan Airport service was granged by the Board on November 13, 1978 Mrs Miley urged that measures be taken to correct the parking of Transportation Management cars in the immediate area; some are parked in the middle of the street while waiting for gasoline, and this creates a traffic hazard This problem was corrected only while they were wait- ing for approval of the limousine service After discussion, it was agreed to write to Transportation Manage- ment expressing the Board's concern about the character of the current operation at 1668 Massachusetts Avenue, specifically the issue of cars backing up and blocking traffic while waiting for gasoline Because this is inconsistent with Mr Zimmerman's presentation on November 13, the Board will consider the matter further and review the parking situation with the Police Department The Board signed 1978 licenses for Transportation Management limousines for service to Logan Airport, and the 1979 renewal licenses will be con- sidered at the meeting on December 20 The Board approved the Town Manager's recommendation for inspection Fees - fees for Nursing Homes Bldg Comm' Upon motion duly made and seconded, it was voted to approve the fees for periodic inspections and re-certification (required by law) as follows Institutional restrained (up to 100 beds) $50/2 years , $1/10 beds over 100 Institutional Incapacitated (up to 100 beds) $50/2 yrs $1/10 beds over 100 Mr Hutchinson informed the Board that the Conservation Commission Bergmeyer- and the Recreation Committee are opposed to selling the stable located Hennessey on the former Hennessey land Dr John Bergmeyer, 11 Mountain Road, Stable has a lease until 1981 and has requested, in writing, that the town consider selling the stable to him In his letter, Dr Bergmeyer stated that the Public Works Department has been repairing the de- struction to the building caused by vandalism According to the lease, Dr Bergmeyer is responsible for the condition of the stable and it was the feeling of the Board that he had not maintained it properly Furthermore, it was not DPW's responsibility to repair any damage due to negligence on the part of Dr Bergmeyer Upon motion duly made and seconded, it was voted not to sell the stable located on the former Hennessey land Upon motion duly made and seconded, it was voted to lay on the 111 table the matter of the lease of the stable to Dr John Bergmeyer *Vat Selectmen's Meeting - 10 - December 11, 1978 Fahey- Mr Hutchinson discussed the request received from the family of Trustees Kathy Fahey for payment of $175 00 for Kathy's attendance at Camp Public Reach in Arlington last summer For the past few summers, we have Trusts paid for two weeks but this year Kathy was enrolled for a longer period of time without the approval of the town There are a number of other Lexington children attending this particular program and we have not received requests for payment Mr Hutchinson said that he will address this matter with the Recreation Committee as to what programs are available for special children of special needs He recommended that the Board approve the amount of $75 00 to cover partial payment of the bill Upon motion duly made and seconded, it was voted to request the Trustees of Public Trusts to consider the expenditure of $75 00 from the appropriate trust fund to cover partial payment of Kathy Fahey's attendance at Camp Reach last summer The Board agreed with Mr Hutchinson that future requests not be honored unless a demonstrated hardship can be shown, and access to town recreation programs that are available should be considered by parents of children of special needs Parker Mr Hutchinson recommended the extension of Edco's lease School Upon motion duly made and seconded, it was voted to extend the Lease EdCo lease of the Parker School until April 1, 1979 Transfer The Board approved a request for a transfer to complete emergency Bleachers refurbishing of the high school bleachers Upon motion duly made and seconded, it was voted to request ap- proval of the Appropriation Committee of a transfer in the amount of $15,000 to Account #6000-Parks Upon motion duly made and seconded, it was voted to adjourn at 1045 p m e\ . A true record, Attest ktoitoge00." 1;14- #451141'V Executive Clerk, Selectmen I 396 Special Meeting of Board of Selectmen - December 13, 1978 The meeting was called to order at 8 00 p m. Present were Mr Busa,Mr. Kent, Mrs Miley and Mr. Crain Also present were Mr Hutchinson and Chief Bergeron Mr. Busa called the meeting to order and the Board embarked upon a tour of the Central Fire Station with Chief Bergeron Mrs Battin joined the Board shortly after the tour began The Chief reviewed the expense area of the budget that calls for additional maintenance support for the fire house and also reviewed the structure of the Fire Department The Chief reviewed the sick leave record of the Department Board members commented that it seemed to be a favorable picture. It was noted that the heating system of the fire house is erratic and that the Chief should do something about that now Chief Bergeron also reviewed the per capita costs for the Fire Department pointing out that they continue to be less than comparable communities He pointed out that in excess of 95% of the budget is for payroll As a Fire Department, it is a people service The Board indicated that they would pursue further questions to the Fire Department in its continuing review of municipal budgets OTHER MATTERS Mrs. Battin advised the Board that Secretary Murphy's office had con- ' tacted her stating that we should be receiving Conservation monies because our Affirmative Action Plan was now in compliance The meeting adjourned at 9 45 p.m. J1) Respectfully submitted, Robert M. Hutchinson, Jr Town Manager X07 SELECTMEN'S MEETING DECEMBER 18, 1978 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, December 18, 1978, at 7 30 p m. Chairman Battin (9 00 p.m.) , Mr Busa, Mrs Miley, Mr Kent and Mr Crain; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assistant to the Town Manager (9 00 p m.) ; Mrs McCurdy, Executive Clerk, were present Acting Chairman Busa conducted the meeting until 9 00 p m. The Board approved the renewal of the following licenses for 1979 1979 Licenses COMMON VICTUALLER. Kentucky Fried Chicken 11 00 A.M.-9 00 P.M 7 days Bellino's Bakery, Inc 6 00 A.M.-6 00 P.M. Mon.-Sat Com Viet 6 00 A.M -2 00 P.M Sunday Mario's 11 00 A.M.-11.00 PMI.. 7 days Minuteman Restaurant 6 00 A.M.-10;00 P.M 7 days Lexington Golf Club, Inc 7 00 A.M -6 00 P.M 7 days Rosina's Kitchen Deli 8 00 A.M -7 00 P.M 7 days Brighams - 1775 Mass Ave 7 00 A.M.-12 00 M 7 days Brighams - 38 Bedford St 7 00 A.M.-12 00 M 7 days LeBellecour Restaurant 11 00 A.M.-11 00 P.M Mon-Sat 12 00 N -11 00 P M Sunday Alexander's Pizza 10 00 A.M.-11 00 P.M 7 days Dunkin Donuts 6 00 A.M -11 30 P.M 7 days Friendly Ice Cream Corp 60 Bedford 7 00 A.M -11 00 P.M Sun -Thurs 7 00 A.M -12 00 Mid Fri -Sat " " " 1060 Waltham 6 00 A.M -12 00 Mid. 7 days CLASS I Class I Lawless Mawhinney Motors, Inc COMMON CARRIER Common Birmingham Bus Service to travel on Route 128 from Waltham City Line Carrier to Burlington Town Line - No Stops The Board deferred action on the Wild Acre Inn lodging house license pending a report from the Health Director and the Fire Department Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meeting held on December 4, 1978 Upon motion duly made and seconded, it was voted to amend the Motels- liquor regulations for motels and restaurants for Sunday hours of Restaurants operation from 11:00 p.m closing time to 12 00 Midnight Liquor Regs 1/os Selectmen's Meeting - 2 - December 18, 1978 Conserve Mr Cohen requested the Board to sign notices that the Town Land Ac- exercises its option to purchase parcels of Conservation land quisition voted at the 1978 Annual Town Meeting and to sign orders of 1978 Arts taking involved on some to clear up title problems 40 & 43 Upon motion duly made and seconded, it was voted to sign the notice to Conrad A Philipson and Elizabeth C Philipson, 4 Garden Avenue; Richard Johnson, 50 Wellington Lane Avenue; Frank J Sanderson, 5 Meadowbrook Avenue; Ellen K. LeGraw, Duncan F. Swan, Estate of Robert D Swan, 24 Bedford Street,, that the Town of Lexington exer- cises its option to purchase land owned by them; also, to sign orders of taking, where necessary, to clear up title problems Pln.Bd The Board agreed to defer action on Mr Hutchinson's recommendation Subdiv that consideration be given to a land swap within the proposed Willow Ridge subdivision located in the Barrett Road/Worthen Road area The Planning Director is to be invited to meet with the Board next Monday evening DPW Con- Mr Hutchinson recommended that the Board approve the low bidder tract on the air conditioning of,ithe. Public Works Building Upon motion duly made and seconded, it was voted to award the contract to Rental & Frost, Roxbury, in the amount of $8,990, for air conditioning the Public Works Building; appropriation under DPW Account #5250-building maintenance Expense Mr Hutchinson gave a preliminary review of some of the FY 80 Budgets expense budgets and it was agreed to continue discussion at the next meeting Mrs:. -Bahtin came .into .the ioeeting._and chaired the remaining portion Human Mrs Nancy Banks and the team of the Boston College Interns met with Services the Board to discuss the study of human services needs and programs con- ducted in the town The Board was informed that 350 out of 9,000 households were con- tacted and the results of their study show that the birthrate is de- clining, the number of school children decreasing, and the elderly population is increasing Eighteen percent of the households ex- pressed the need for transportation, particularly the hardship for the elderly The team recommended that the town make an effort to address this with the Transportation Advisory Committee, who could work with the Council on Aging There was a need for child care assistance; elderly service and meals on wheels; the lack of a pattern of interrelationship with agencies; there should be a greater capacity for planning and needs assessment, and a better vehicle for participa- tion in state and regional planning; more citizen input; the creation of a citizens' committee, either by-law or advisory to the Selectmen, with the responsibility of assessing community needs, and to file an annual report highlighting goals; the creation of a staff person to act as coordinator and liaison 901 Selectmen's Meeting - 3 - December 18, 1978 The Board thanked Mrs Banks and the Boston College Interns and Mr Hutchinson said that the human services report will be available in early January and the Board will arrange a meeting to discuss it 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 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 10 50 p.m A true record, Attest ege„.4,04•94,0; P . Executive Clerk, Selectmen I 171/0 SELECTMEN'S MEETING DECEMBER 20, 1978 A meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Wednesday, December 20, 1978, at 7 30 p m. Chairman Battin, Mr Busa, Mrs Miley, Mr Kent and Mr Crain; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs McCurdy, Executive Clerk, were present Land Mr Briggs met with the Board to discuss the Planning Board's Swap- recommendation of the Board's consideration of a land swap within Willow the proposed Willow Ridge subdivision located in Barrett Road/ Ridge Worthen Road area In designing the subdivision, the Planning Subdiv Board had suggested to the owner, Mr Tuttle, that he offer to purchase a town-owned 5,000 sq ft lot for $1 00 in exchange for a 10,000 parcel of land at the end of the Barrett Road extension Mr Briggs showed a plan of the area and explained that the 10,000 sq ft piece would allow for a path (not a roadway) to the Bowman School and also give the town the opportunity to build a bike path Mr Busa raised the question of the effect on the abutters and Mr Briggs assured him that they would be notified of hearings to be held and would have the opportunity to present their views Upon motion duly made and seconded, it was voted to allow Mr Tuttle, developer of the Willow Ridge subdivision, to pur- chase 5,000 sq ft of land located on Hanson Avenue for the sum of $1 00 in exchange for approximately 10,000 sq ft of land located at the end of the Barrett Road extension plan Transporta Attorney Fred Conroy, representing Mr Zimmerman, owner of Management Transportation Management Corp , 1668 Mass Avenue, met with the Board Limousines regarding the 1979 renewal of limousine licenses The Board expressed great concern about the recurrence of violations in the area once per.- mission had been granted on November 11, 1978 to operate a limousine service between Lexington and Logan Airport Mr Hutchinson said that he had spoken to Mr Zimmerman, who has sent a letter to all his drivers to alert them not to queue up and disrupt traffic We have also spoken to the Police on ticketing the cars so that enforcement can go forward Within the last few days, there have not been problems Atty Conroy said that Mr Zimmerman understands the situation on Mass Ave is difficult because of the Post Office, the bus stop and his own fueling up, and he has been working to control his operation Mr Busa stated that at some point in time we should investigate to see how many vehicles should legally be operating out of that confined area There is another business added to that same location - a fleet towing service He questioned whether all these businesses could be operating under one license in one location; this is probably part of the problem of traffic congestion and violations that are occurring The reference Selectmen's Meeting - 2 - December 20, 1978 to the bus stop and the Post Office has nothing to do with his operation He came in here and assured us there would be no more traffic violations and once we gave him permission to go to Logan, shortly thereafter the same problem existed. Mr Rowe, owner of Rowe Chevrolet, was present and said that Transportation Management leases that building from Alfred Viano and there are approximately 9 years left on that lease Mr Rowe is a subtenant of Mr Zimmerman and leases the showroom and the three front bays; he sells new and used cars out of the showroom. Mr Rowe is responsible for that area and Mr Zimmerman is responsible for the gas pumps, the tow trucks, and what goes on in the back of the building Mr Rowe is willing to clean up the front of the building and has a pro- posal before the Historic Districts Commission to do something with the front of the building Mr Crain said that he would like to see a sense of urgency exhibited whereby Mr Zimmerman or his agent would personally be involved to the de- gree that the situation be corrected on a sustained basis The Board agreed to renew the licenses for 30 days and review the matter at that time Upon motion duly made and seconded, it was voted to renew the ten licenses for Transportation Management Corp , 1668 Mass Avenue, for the period of January 1, 1979 to January 30, 1979, for limousine service between Lexington and Logan Airport in accordance with an application filed with the Board of Selectmen filed on October 31, 1979 The Board discussed the 1979 renewal of the Wild Acre Inn Lodging Wild House license. A report from the Health Director stated that the Acre premises had been inspected and there is a need for immediate improve- Lodging ment in sanitary conditdons The Board agreed to renew the license for House three months and instructed the Town Manager to inform the owner, Dr License Yudowitz, that if the pattern of violations continues, the license will be revoked Upon motion duly made and seconded, it was voted to renew the Lodging House license for the Wild Acre Inn, 50 Percy Road, for the period of January 1, 1979 to March 31, 1979, subject to inspection by the Director of Public Health Mr Temple Scanlon, Director of the Housing Authority, requested Housing the Board's official support of the Authority's application for hous- Authority ing assistance payments Upon motion duly made and seconded, it was voted unanimously to writezto the Department of Housing and Urban Development expressing the Board of Selectmen's support of the Lexington Housing Authority's application for housing assistance payments for 50 units in the Town of Lexington under the Section 8 program The Board discussed with Mrs Shunney and Mr Scanlon of the Housing Authority the proposal received from Mr Dean Curtin to build and rent a house at 15 Spring Street for $682 00 a month Mr Hutchin- son is to continue investigation and discussion with the Housing Authority YLZ Selectmen's Meeting - 3 - December 20, 1978 1979 A 1979 renewal license was approved by the Board Com.Vict Upon motion duly made and seconded, it was voted to approve the Denny's 1979 renewal Common Victualler license for Denny's Restaurant, 438 Bedford Street Appts - The Board agreed to reappoint a member and associate members of Historic the Historic Districts Commission Districts Upon motion duly made and seconded, it was voted to reappoint Comm. Mr S. Lawrence Whipple a member of the Historic Districts Commission representing the Arts and Crafts Society for a term of office expiring January 1, 1984 Also, to reappoint Ms Linda J McAuley, represent- ing the Arts and Crafts Society, and Mr Richard S Morehouse, repre=t senting the Historical Society, as associate members of the Historic District Commission for terms of office expiring January 1, 1984 Budgets Mr Hutchinson gave a preliminary review of the FY 80 budgets in the financial area, human sertices ,. and fevenUe Upon motion duly made and seconded, it was voted to adjourn at 9 45 p.m ' A true record, Attest .414444 xecutive Clerk, Selectmen I