HomeMy WebLinkAbout1979SELECTMEN'S MEETING
January 2, 1979
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Tuesday, January 2, 1979 at
7:30 P.M. Chairman Battin, Mr. Buse, Mrs. Miley, Mr. Kent and Mr. Crain,
Mr. Hutchinson, Town Manager; Mrs. Banks, Assistant to the Town Manager,
Miss Casey, Principal Clerk, Selectmen, were present.
Chairman Battin opened the meeting by reading a request from Stephen
L. Delaney, Administrative•Assistant to DPW Director of the Town of Dan-
vers to write to Governor Elect King supporting the retention of Robert R.
Kiley as Chairman of the MBTA.
After discussion, the Board agreed that it would not be appropriate
to write such a letter as a Board, but each member, as an individual,
could, if he choseto, write to express his wishes.
A request For Approval of Location of Chapter 180 Non -Profit Cor-
poration for Cooperative Elder Services, Inc., c/o Minuteman Home Care
Corporation, 365 Waltham Street was read by the Chairman.
Information given to Miss Casey by Susan Rothbaum of Minuteman Home
Care Corporation was not specific regarding the function of Cooperative
Elder Services, Inc. at the location. There was also some concern ex-
pressed by the Selectmen that there might be some duplication of services
with other agencies.
Mrs. Banks is to check into the matter and report back to the Board.
The Chairman referred the Board to their copies of a status report
from Ron Fitzgerald, Superintendent/Director of the Minuteman Regional
Vocational School regarding an invitation to the Selectmen to have a rep-
resentative at the Minuteman School Committee meeting on January 9 rela-
tive to a forthcoming hearing on proposed changes in State aid Regulations.
Mrs. Battin is to write to Mr. Robert C. Jackson to request him to
attend the hearing and testify as necessary on behalf of the town. Mr.
Hutchinson is to prepare written testimony on behalf of the Selectmen, a
copy of which will be sent to Mr. Jackson.
The Chairman referred the Board to its copies of a letter from Dean
H. Curtin requesting"No Parking" signs at the intersection of Lincoln
and School Streets where he is constructing an office building.
A report from the Traffic Safety Committee indicated that there was
no need for such signs at the present time. The Committee indicated in
its report that, upon completion of the building, the location will again
be observed and should there be a problem or a potential problem, a
course of corrective action will be recommended. Mr. Curtin is to be
so informed.
31/3
MBTA
Chairman
Kiley
Certif i-
cate of
Inc.
Coopera-
tive
Elder
Services
Minuteman
VOTEC
Meeting
Request
For
"No Park-
ing" Signs
Dean
Curtin
Merriam Hill
Assoc.
Meriam St./
Mass. Aven.
Traffic
Minutes
Licenses
Reports
- 2
Selectmen's Meeting January 2, 1979
The Chairman read the Traffic Safety Committee's report regarding a
request from the Merriam Hill Association for regular snow removal to the
curbs on both sides of Meriam St. from Mass. Ave. to Oakland St. and
Patriots Drive, stop signs in Oakland Street and Patriots Drive at Meriam
Street, construction of a bulge in the curbing on Mass. Avenue or place-
ment of a green crosswalk across Mass. Avenue or a combination of the buige
and crosswalk.
After a lengthy discussion of the problem, it was agreed that the re-
port of the Committee would be accepted as presented which stated that
the request for "Stop" signs was being referred to the Engineering Divi-
sion for further study; request for bulge in curbing be denied; unguarded
crosswalks be denied.
The question of snow removal and parking conditions in the area was
discussed again in detail and it was brought out that snow removal in
that particular area is often impeded by parked cars. The matter will be
referred again to the Traffic Safety Committee to consider the feasi-
bility of extending the "No Parking" up to Patriots Drive on the north
side of Meriam Street. Mr. Page will be informed as to the Traffic
Safety Committee's recommendations when the report has been received.
The whole problem of snow removal in the center was discussed at
length and the Manager brought out that the Chamber of Commerce has fully
supported the enforcement of the By -Law relative to snow removal. He
suggested, subject to the approval of the Selectmen, a new By -Law cover-
ing the whole town. There was some question as to how far out on the
sidewalk the merchants are responsible for and what the town is respon-
sible for. The whole question is to be reviewed including other areas
besides the center area.
Upon motion duly made and seconded, it was
minutes of the Selectmen's meetings of December
Upon motion duly made and seconded, it was
licenses for the following:
Lexington Chalet, Inc.
Pierce Transit Co.
Bedford Local Transit
voted to approve the
6 and December 13, 1978.
voted to sign the renewal
(Inndeeper)
(Common Carrier)
(Common Carrier)
The Chairman referred the Board to the copies of a letter from Weiant
Wathen-Dunn regarding a bicycle by-law. The Traffic Safety Committee
felt that no change was warranted, but they are responding and it will be
submitted to Town Meeting.
The Chairman informed the Board that four very thoughtful reports had
been received from sub -committees and Whitman & Howard that should be
discussed at a later date and acknowledged. They were reports from the
Senior Center Site Committee, Human Services, Housing report and the Solid
Waste report from Whitman & Howard regarding the landfill.
1
1
Selectmen's Meeting - 3 - January 2, 1979
Mrs. Miley informed the Board that the School Sites Conversion Parker
Committee has scheduled a meeting on January 11 to interview the -School
prospective buyers of the Parker School. She posed the question of
eliminating one interview by combining the interview by the Selectmen
and the Committee. As of this date the Committee had interviewed
twelve and the final interviews would be with four.
It was agreed that the Board would not interview all of the de-
velopers, but would leave it up to the Committee to weed it down to
the finalists. The Board of Selectmen would then make the final se-
lection of developer. There will be a joint meeting on January 17th
with the Selectmen and the Committee and the developers on January 24.
The Board and the Manager discussed the Town Warrant and Mr. Hutchin- Warrant
son informed the Board that the warrant should be ready for the Selectmen
by the end of January.
It was agreed that the general revenue sharing hearing would be
held on January 22.
The Manager requested and received approval of the Board for the
following appointments:
James Dhimos to the Recreation Committee to April 30, 1980.
Mrs. Bebe Fallick to the Historical Commission to April 30, 1980.
Mr. Hutchinson informed the Board that we have had additional re-
quests concerning the sewer program some of which were recommended by
the Board of Health. He is to update all of the information for the
Board by the loth.
/3
Appoint-
ments
Sewers
The Manager informed the Board that bids had been received for the Audit
audit and recommended that Arthur Anderson be designated for $9200 for
1979 and $9900 for 1980.
Upon motion duly made and seconded, it was voted to award the bid
for the audit to Arthur Anderson in the amount of $9200 for 1979 and
$9900 for 1980.
Mr. Hutchinson informed the Board that the Data Processing Advisory Data
Task Force would like to meet with the Board sometime in February to Process -
review their report. ing
The Manager reported that Gene Molloy is retiring from the town Gene
after 42 years of service and he would like to bring Mr. Molloy before Molloy
the Board to acknowledge his long years of service. Dick Spiers, Retire -
Superintendent of the Cemetery, will be replacing Mr. Molloy effective ment
January 15.
-Y/d
Fire Dis-
patchers
Salary In-
crease
Jere Frick
Appt. to
MAPC
II' Reports
From
Manager
Capital
Budget
Selectmen's Meeting - 4 - January 2, 1979
The Manager referred the Board to its report from the Personnel
Advisory Board relative to the request to review the Fire Dispatcher
salary increase. The Personnel Advisory Board approved the increase.
Upon motion duly made and seconded, it was voted to grant four
fire dispatchers an increase of $500.00 each to be effective January 2.
A transfer from Article 5 is authorized to implement this increase.
The Manager informed the Board that, subject to its approval, he
plans to reappoint Jere Frick to the MAPC as she is willing to serve
again for three years. The Board gave its approval.
Other items that the Manager reported to the Board were that the
B.C. interns had filed their human service report and it will be dis-
tributed to interested Boards on Tuesday.
Joan Tuttle of D.E.P. informed Mr. Hutchinson that Mrs. Murphy is ex-
pected to sign the authorizations for our grants this week.
He expects the final report of the Sewer Advisory Committee next
week.
Administrative Public Hearing regarding Chapter 90, Adams Street
will be held on January 10 and the Selectmen's hearing will be held on
January 22.
During a discussion of the capital budget, it was brought out that
several pieces of road machinery will need to be replaced at an approxi-
mate cost of $165,700. Included in this figure was $80,000 for a new
compactor at the landfill. It was felt that it would be more cost
effective to replace the old one rather than repair it. The new machine
could be utilized until the closing of the landfill about 1981.
Cemetery equipment replacement was a major consideration as it was
felt that better equipment would help to continue the expansion program
and produce better maintenance. Mr. Busa asked the Manager to look
into the possibility of drilling a 100 foot well to provide water for
cemetery uses. Mr. Hutchinson said that he would look into it and come
back with a report.
An additional $10,000 is needed for a sewer line for the center pool.
There was some discussion as to whether or not this amount should be in-
cluded in the sewer program or the pool project.
The Manager recommended an additional $140,000 for revaluation and
$200,000 for the reserve fund.
Conservation expenditures are covered by available money.
The Chairman thanked the Manager for these preliminary figures and
the meeting adjourned.
Upon motion duly made and seconded, it was voted to adjourn at 10:00 P.M.
A true record, Attest:
Principal Clerk, Selectmen
SELECTMEN'S MEETING
January 8, 1979
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, January 8, 1979 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; Chief Corr, Police Department; Miss Casey,
Principal Clerk, Selectmen.
The Board met with Temple Scanlan and Mary Shunney of the Lexington
Housing Authority to discuss the notification from the Department of
Housing and Urban Development that the Massachusetts Department of Com-
munity Affairs had applied to administer 1500 units of the 1900 units
to be allocated by HUD under Section 8 Existing Housing Program in
Middlesex, Norfolk, Suffolk and Essex Counties. Both Mrs. Shunney and
Mr. Scanlan informed the Board that the Housing Authority was opposed
to this because they felt that the Housing Authority knows the needs of
the community and have been doing a good job. Mr. Scanlan explained the
process of certification of eligibility to the Board and he felt that
the DCA farmed out the administration to sub -contractors who administer
the program poorly and inflates the present rental structure.
The Board assured Mrs. Shunney and Mr. Scanlan that they felt that
the Housing Authority has done an excellent job and would write to the
Area Manager of HUD, Mr. Marvin Siflinger, opposing the application of
the DCA for reasons cited by the Lexington Housing Authority.
Upon motion duly made and
man write to the Department of
the application of the DCA for
under HUD's Section 8 Existing
The Chairman thanked Mrs.
presentation.
seconded, it was voted to have the Chair -
Housing and Urban Development opposing
the authority to administer 1500 units
Housing Program.
Shunney and Mr. Scanlan for their
The Manager and the Board discussed the listing of articles to
inserted in the 1979 Warrant. The Manager reminded the Board that
they can delete some at a later date if they so desire prior to
ing to the printer.
Upon motion duly made and seconded, it was voted to insert the
articles in the Warrant for the 1979 Annual Town Meeting.
Y/7
HUD
Section
8
Applica-
tion
By DCA
be 1979
Town
send- Meeting
Articles
The Chairman read a request from Mr. Warren Empey, Acting Director
of Public Works/Engineering for an abatement in the amount of $318.64
of a sidewalk betterment against the Hancock School site.
Upon motion duly made and seconded, it was voted to abate the
sidewalk betterment against the Hancock School site in the amount of
$318.64
Upon motion duly made and seconded, it was voted to approve the
following pole locations:
Tucker Avenue: on the northerly side, approximately 78'+ (feet)
west of Tarbell Avenue, one (1) Pole 140/1.
Cushing Street: on the easterly side, approximately 94'+ (feet)
north of Sullivan Street, four (4) Poles 338/1-2-3-4.
Abatement
Hancock
School
Sidewalk
Betterment
Pole
Loca-
tions
1118
Snow Plowing
and
Removal
Policy
Lay Out
Powers Court
Tax Title
to
Cons. Comm.
Recycling
Program
Bleachers
High School
Selectmen's Meeting January 8, 1979
Banks Avenue: on the southerly side, approximately 86'+ (feet)
west of Baker Avenue, four (4) Poles 144/2-3-5-6.
The Board met with Mr. Empey and Chief Corr relative to the en-
forcement of the By-laws relating to the clearing of sidewalks in the
center of Town.
During a lengthy discussion of the Town's policy regarding the re-
moval of snow from the sidewalks in the center of Town, it was brought
out that the By-law seems to be rather ambiguous. Due to the fact that
the.sidewalk on one side of the center is much wider than the other,
there was a question as to how far the merchants are required to clear.
Chief Corr feels that the By-law is very restrictive at this time.
The Manager explained that there has been no change in the plowing
and snow removal policy except that the removing of the snow is not done
on overtime, and, therefore, takes longer to clear the area. The Mana-
ger is to find out how many man hours it takes to remove the snow and
whether it would be most cost effective to have this work done on over-
time or during the.day at regular_hours.
After further discussion, it was agreed to defer a decision on the
snow removal and plowing policy until further information from the
Manager and Mr. Cohen is received so that it may be decided what policy
to adhere to. -
Mr. Empey and Chief Corr retired from the meeting.
Upon motion duly made and seconded, it was voted theintent. to .lay
out and sign the warrant to the Town Constable to notify all abutters
of the intention of the Board of Selectmen to accept Powers Court as a
town way and notice of street hearing to be held on Monday, January 29,
1979 as follows:
Powers Court - from Paul Revere Road 300'+
southerly to end.
The Chairman read a request from Town Counsel to sign the deed
transferring three small tax title lots to the Conservation Commission.
Upon motion duly made and seconded, it was voted to sign the deed
transferring the following tax title lots to the Conservation Commission:
Avon Street
Moreland Avenue
Bowker Street
Map 79
Map 15
Map 13
Lot 11
Lot 54A
Lot 316
The Manager referred the Board to the recycling report that was
prepared by one of the intersn. Although the tonnage has increased,
revenue has not and a major portion of households in the Town do not
participate in the recycling program. He pointed out that unless there
is a mandatory program instituted, which can be discussed in the coming
months, the program has not been cost effective. The program has cost
about $50,000 and we are getting back approximately $9,000.
Mr. Hutchinson informed the Board that the Appropriation Committee
had rejected a transfer for completing the bleachers at the High Sohool.
He said that he had spoken to Otis Brown, Chairman of the School Com-
mittee, who will speak to Dr. Lawson and work with him to see if there
are any monies that might be available from the school budget that
could be integrated with the $4,000 that is now available.
1
1
Selectmen's Meeting January 8, 1979
Mr. Buse suggested that it might be feasible to transfer some
money from the Recreation funds for the bleachers and delay some of .:_
the improvements in the playgrounds.
It was suggested that chairs could be rented for graduation be-
cause even if Town Meeting did appropriate the money, it would not be
available as quickly as needed. Mr. Hutchinson feels that delay will
cost the Town more money as the cost of materials is rising steadily.
Mr. Hutchinson is to get figures on the cost of materials and
the cost of renting chairs for graduation and the matter will be dis-
cussed again on Wednesday.
The Manager informed the Board that the Town of Bedford has re-
ceived additional authorization to continue to draw water from the MDC
as their water system is still in unsatisfactory condition. They can
now draw up to 1,000,000 gallons per day subject to their executing an
agreement with the Town of Lexington. They are now drawing water
through the temporary connection that was authorized on a temporary
basis via Hanscom Field and have put in a permanent connection on
Great Road.
Mr. Hutchinson informed the Board that the Millbrook Valley re-
lief sewer project is continuing (that is the alternate line for the
Town of Bedford). He stated that the MDC is going to put the line in
and that interations is beginning with their engineers who are working
with the MDC. He feels that it will take some time, but will monitor
it very closely for long range implications with problems in our
sanitary sewer system and will try to get an idea as to where the line
is going to be established.
The School Committee feels that Bowman School would
location than Clarke Junior High for a polling place for
The Manager is to talk with Town Meeting Members and the
Chairman regarding this change.
be a better
Precinct 3.
Precinct 3
The Chairman read an application for a certificate of incorpora-
tion from "Cooperative Elder Services, Inc." for a location at 365
Waltham Street, Lexington.
Upon motion duly made and seconded, it was voted to approve the
application of "Cooperative Elder Services, Inc." for a location
c/o Minuteman Home Care Coproration, 365 Waltham St., Lexington for
a mail drop only.
The Board and the Manager discussed personal services. The
Manager informed the Board that there are 304 full time employees
and 165 part time of which 176 positions are covered by collective
bargaining. At the present time, he is still negotiating with the
firemen and policemen. He stated that the collective bargaining
talks are going better than was expected. He is proposing a per-
sonal services budget of $5,304,579 which reflects a $300,000 in-
crease over the actual appropriation of last year. He is recom-
/9
Town of
Bedford
Water
Millbrook
Valley
Relief
Sewer
Precinct
3
Polling
Location
Certifi-
cate of
Inc.
"Coopera-
tive Elder
Services"
�za
mending in Article 5 $280,000 of which in excess of $10,000 is pention
costs. There is a continuing decline in the number of employees and
he expects to turn back to E & D $45-50,000. It is his suggestion
that the landfill be hun 40 hours per week rather than six days and
close it on Sundays. This would eliminate two positions in the pub-
lic works department. There was some discussion regarding the
feasibility of closing the landfill ,on Sundays as it had been tried:
before and met with citizen protest. Mr. Hutchinson is going to have.
a survey made of surrounding towns to determine how many hours per week
they are open and on what days.
Mr. Hutchinson informed the Board that Workmen's compensation con-
tinues to be a problem for the Town. The Public Works Department and
the School Department continue to be the biggest problem. It is his
suggestion that the Town look into self-insuring.
The three-year sick leave figures were reviewed. The Board felt
that the over-all figures were good and was getting better.
Executive Upon motion duly made and- seconded, it was voted by Mrs. Battin,
Session Mr. Buss, 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 discussing the purchase, exchange, lease
or value of real property.
After discussion, it was voted to adjourn.
Upon motion duly made and seconded, it was voted to adjourn at
9:30 P.M.
A true record, Attest:
2-7
Principal Clerk
Selectmen
Lc"7
SELECTMEN'S MEETING
JANUARY 10, 1979
A meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Wednesday, January 10, 1979,
at 7:30 p.m. Chairman Battin, Mr. Buse, Mrs. Miley, Mr. Kent and
Mr. Crain; Mr. Hutchinson, Town Manager; Mrs. Banks, Assistant to
the Town Manager; Mrs. McCurdy, Executive Clerk, were present.
The Board discussed the Governor's capping proposal and agreed
to talk with our legislators at the joint meeting scheduled for
January 16 and to urge Senator Rotondi and Representative Cole to
be as persuasive as possible during deliberations in the legislature
in support of the best interests of Lexington.
Mr. Hutchinson and Mr. Coscia updated the Board on the need
for repairs to the remaining 1300 bleacher seats at the High School
field. The Appropriation Committee had not approved the previous
request for a $15,000 transfer from E & D.
Later on, the Appropriation Committee came into the meeting
and the Board pointed out the necessity of affirmative action due
to insufficient seating capacity for the upcoming graduation cere-
monies. The Appropriation Committee would not commit itself and
it was left that reconsideration would be given to the request.
The Board reviewed a list of questions generated by the Ap- FY 80
propriation Committee on budget accounts for the Selectmen, Manager, Budgets
Fire, Police, D.P.W., etc. and Mr. Hutchinson is to prepare answers
for the committee.
Gov.'s
Cap Prop.
Bleachers
Members of the Appropriation Committee and the Capital Expenditures
Committee came into the meeting for a preliminary review of the budgets.
After discussion, Mr. White said that the Appropriation Committee is not
necessarily saying we don't agree with the budgets submitted but we would
like to be aware of the rationale and justification of questionable items.
Mr. Hutchinson agreed to submit an information sheet for joint dis-
cussion at the next meeting.
Upon moi'ion duly made and seconded, it was voted to adjourn at
10:45 p.m.
A true record, Attest:
;01). 41)4 4:10.0,fre
E ecutive Clerk, Selectmen
5422.
Legislators -
Tax Caps
SELECTMEN'S MEETING
JANUARY 16, 1979
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Tuesday, January 16, 1979,
at 7:30 p.m. Chairman Battin, Mr. Busa, Mrs. Miley, Mr. Kent, Mr. Crain;
Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Mrs. Banks,
Assistant to the Town Manager; Mrs. McCurdy, Executive Clerk, were
present.
Chairman Battin welcomed Senator Rotondi and Representative Cole
for a joint discussion on the Governor's tax capping proposal. Mr.
Brown, Chairman, and members of the School Committee, Dr. Lawson,
Superintendent of Schools, Mr. Silverman, Chairman of theAp�'..:.'.
'p r'p.'pxi.stion• Committee, and representatives of theC'a;p:Expeind'itures
Committee were also present. Chairman Battin said that, as of now,
the Mass. Municipal Associations do not have a posture regarding tax
limitations and are waiting to see what the Governor proposes. We now
have a coalition of not only the Managers, Mayors and Selectmen but also
with School Superintendents and School Committees. This group will work
to preserve the rights of the taxpayers to make the decisions concerning
governments at the local level. Mrs. Battin turned the meeting over to
Mr. Kent, our Legislative Liaison.
Mr. Kent said that the School Committee has asked that we devote
the first segment to matters of interest and concern to them, and the
School Aid picture is of concern to us.
Senator Rotondi said that Governor King was talking about a position
on School Aid which would guarantee that communities would get at least
10 percent of what they received the prior fiscal year. Many of the
people who supported the legislation decided they wanted 15 percent;
in the Senate, it was reduced to 7 percent. He was co-sponsor of a
bill for reimbursement to the level of FY 79,'and then we hope to
add the cost of inflation. It is important that municipal associa-
tions get together with us to put a guaranteed percentage factor into
that. He will be dealing with that issue directly and has also been made
Chairman of the Public Service Committee, which deals with the issues of
collective bargaining, binding arbitration, and the impact of these types
of programs on municipalities.
Mr. Brown said that you don't know exactly what the percentage would
be; if you follow Boston's cost of living index, it would not be fair to
the rest of the state.
Representative Cole stated his position on the subject of caps. He
did not see how the state can mandate programs on,municipalities and then
say we are going to put a cap on what you spend. There is no possibility
of balancing the budget the way you would like to do it. He had difficulty
accepting caps unless the mandatee programs are state funded. If caps are
imposed on municipalities, he expected that both school and general govern-
ment would be lumped together.
1
1
1
Selectmen's Meeting
- 2 - January 16, 1979
Senator Rotondi hoped the state would turn to itself and talk about
the way in which it operates its shop and runs its budget; about agencies
and their growth, welfare fraud; that's part of the whole deal. The
municipal association is going to have a special obligation this year to
make sure they are monitoring the situation and getting input from every-
body.
Chairman Battin said that she is a member of the Governor's Local
Advisory Committee and, at a recent meeting, he said that all monies
cities and towns receive from new -development was going to be mandated
to be applied to reduce the tax rate. We could not use it to pay for
services, and this narrows the amounts we can work with.
Mr. Hoffman, School Committee, stated that when you talk about cap-
ping school expenditures, you are flying in the face of the concept of
fiscal autonomy.
Mrs. Battin added that there are two bills filed both by the Special
Commission on State Mandated programs and the Local Government Caucus
about full funding of .mandates.
Board members expressed concern about the impact on Lexington and
Mr. Crain said that the concept assumes everything has been done as it
should in the past and the future is controllable. When we confront the
horrendous situation on unfunded pensions, liabilities on the state level
and the local level, solid waste, energy costs that are completely out of
control, we are beginning to understand the implications of it. The
philosophy and basic concept of capping just doesn't make sense.
Mr. Hutchinson agreed and hope that some freedom is given to those
at the local level to decide how much they want to spend, and capping is
not the answer. Depending upon the way legislation is written, there
could be an:effect'<of approximately $1 million on the FY 80 budget.
The sanitary landfill was discussed and Mr. Hutchinson said there will
be a broad article' in the warrant enabling the Selectmen to commit the
tonnage, and Northeast seems to be the one. This seems to be the only
longterm viable solution and we are planning to be out of the landfill
fusiness in the next couple of years or a little longer. Eventually, it
would seem that resource recovery is the way to go and the private sector
is geared to handle this.
Mr. Busa felt that some of the landfills could be extended and this
could mean a substantial savings for some of the municipalities. Maybe
some of the leachate could be filtered or cleaned up.
Chairman Battin said that there other bills were important to the
Municipal Associations, (1) Review and comment on human services projects:
if a project is going to come into a local community, the chief executive
would be notified and there would be the opportunity, if desired, to re-
view and comment on it. (2) The sick pay buy-back has been filed, and
that is something they feel strongly about. Mr. Hutchinson said there
has been a legal ruling that sick pay - and I believe it relates to the
school system - can now be computed as part of your retirement level.
It does have an effect on retirement benefits, so there is a long-term
cost as well. Mrs. Battin said the bill would correct that. (3) Binding
and compulsory arbitration. This bill would be coming before Senator
Rotondi.
Yz3
Selectmen's Meeting - 3 - January 16, 1979
Senator Rotondi said he:had filed a bill which would have the MBTA
deed back to the respective communities the road rights of the right-of-
way that runs through Arlington and Lexington, subject to reconveyance at
a time when the MBTA decided what they wanted to do with it.
He had also filed a bill to authorize the Department of Public Works
to install a direction light at Bedford and Eldred Streets. This will
allow people coming from Eldred Street to take a left turn. He had in-
vestigated it with John Carroll and would let the Selectmen know the
hearing dates. Mr. Busa said the Commonwealth was going to enlarge
Bedford Street in 1975 and that would probably have been the solution.
Senator Rotondi said they didn't do it years ago because they didn't
want to interrupt the flow of traffic; now, there is no flow and it is
stopped up to 128 anyway. There could be a 25 second triplight to allow
them to intercede during those stalled periods.
He said that another issue going on now is dealing with the Burlington
tract of land and MAPC is considering being involved in that question.
There is no legislation involved.
Chairman Battin said there was one bill filed by the Middlesex County
Association that changed the way of filling vacancies on the County Com-
missioners. They must now choose from three nominees recommended by the
County Advisory Board, and that gives us more control.
Mr. Kent thanked Senator Rotondi and Representative Cole not only for
meeting with the Board this evening but for the help always given when asked
for. Both agreed to work in the interests of Lexington and to keep the
Selectmen informed. They retired from the meeting.
Mr. George Silverman informed the Board that'theAgprapriation:
Committee would not meet with them until next week because of the need
for additional information on unresolved questions.
Bldg. Mr. Hutchinson recommended the Board's approval of building fees.
Fees Upon motion duly made and seconded, it was voted to approve a fee
of $10.00 for a Certificate of Zoning Compliance, in accordance with
Section 11.5 of the Building Code. Also, to approve a fee under
Mechanical Permits for $5.00 for the first fixture and $1.50 for each
additional fixture.
Trustees Mr. Hutchinson recommended approval of a request to the Trustees of
Public Public Trusts for the expenditure of $384.00 for temporary financial
Trusts assistance to enable a Lexington man and wife to continue with meals
on wheels at $32.00/week until May 4, 1979.
Upon motion duly made and seconded, it was voted to request the ap-
proval of the Trustees of Public Trusts for the expenditure of $384.00
from an appropriate trust fund for a deserving Lexington couple.
Selectmen's Meeting - - 4 January 16, 1979
Mr. Hutchinson recommended that the Board sign the agreement between Bedford
the Town of Bedford and the Town of Lexington concerning the construction Water
of a water line from Bedford's meter pit to Lexington's water line in Agreement
Bedford Street, Lexington. The Town of Bedford has received all re-
quired approvals for the connection and the supply of system water to
Bedford from the Metropolitan District Commission and all required
state agencies, including the Department of Environmental Quality
Engineering, and has deliveredlevidence of suAh'approvals to the Town
of Lexington. The Bedford Board of Selectmen has signed the agreement.
Upon motion duly made and seconded, it was voted to sign the agree-
ment between the Town of Bedford and the Town of Lexington as follows:
1. The Town of Lexington authorizes the Town of Bedford to lay and maintain
a water line from the Town of Bedford's meter pit located in the Great
Road, Bedford, to the Town of Lexington's water line located in Bedford
Street, Lexington.
2. The Town of Bedford grants to the Town of Lexington the right of in-
dependent access to the meter pit and agrees to provide suitable means
for such independent access at all times for the purpose of inspecting
the equipment and reading the meter.
3. The Town of Bedford agrees to release and hold harmless the Town of
Lexington from any and all claims for injury, death or property damage
arising out of said activity including, but not limited to, the construc-
tion, installation or operation of said water line or meter pit. The
Town of Bedford specifically agrees to indemnify the Town of Lexington
against any and all losses due to or related to any loss of water caused
by leaks or other caus4s in said water line or meter pit or in any part of
the Bedford water distribution system, at the least by paying for all water
used or lost on the Bedford side of the said connection regardless of
whether the cause or source of the water loss has been determined.
4. The Town of Lexington may terminate water service to the Town of Bedford
at any time when, in the sole judgment of said Town of Lexington, it de-
termines that it is in its best interests so to terminate.
Upon motion duly made and
_A true record, Attest:
seconded, it was voted to adjourn_ at 9.45•p•m.
17 217 • 2)-1e-4444".°
Clerk, Selectmen
Executive
SELECTMEN'S MEETING
January 17, 1979
A meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Wednesday, January 17, 1979,
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, were preset,
Mr. Hutchinson submitted a list of 25 streets for FY 80 sewer
construction, consisting of three categories: Group X -generally
agreed upon during previous discussion; Group Y -areas where design
changes have taken place or areas of limited controversy; Group Z -
the most controversial streets.
GROUP X
1.*Wellington Lane Ave. $36,025
*Meadow Brook Ave.
2.*Rockville Ave.
3.*Bird Hill Road
Davis Road
4.*Maple Street
5.*Allen Street
6.*Pitcairn Place
7.*Middleby Road
8.*Somerset Road
9.*Edgewood Road
10.*Warren Street
11.*Chandler Street
12.*Follen Road
10,000
46,750
45,925
18,700
51,000
196,350
22,000
14,500
27,560
5,500
$474,310
25,000
9,350
16,500
$ 50,850
GROUP Y
13.*Lowell Street
*North Street
14.*Grant Street
15.*Stratham Road
To Woodberry Rd.
16.*Oakland Street
17.*Meriam Street
18.*Abbott Road
19.*Glen Road South
20.*Round Hill Road
GROUP Z
21. Fair Oaks Terrace
22. Wachusett Drive
23. *King Street
24.* Carville Ave.
25.*Robinson Road
$ 30,000
31,900
17,500
19,875
77,000
$176,275
$126,500
82,500
44,000
59,000
6,000
4,950
11,242
18,150
35,750
$388,092
6,500
$ 6,500
*Sewer Advisory Committee concurs with D.P.W. recommendations.
Messrs. Chalpin and Leahy, Engineers; Mrs. Fricker, Chairman, and
Mr. Code, member, of the Sewer Advisory Committee were present.
After discussion, it was agreed -
GROUP X: (a) To delete Warren: Street, Chandler Street, and
Follen Road, as previously recommended by D.P.W.
(b) To approve the construction of sewers in the re-
maining 9 streets. However, Mr. Hutchinson is
to confer with the Planning Board for further
review of the Allen Street project and submit
additional information to the Board.
I/z
FY 80
Sewers
#27
Powder
Horn
Develop-
ment
Art. 13
Selectmen's Meeting
GROUP Y
- 2 - January 17, 1979
(a) To delete Woodberry Street (off Stratham Road). The owner of
the one house involved had previously expressed his opposition
to the betterment charge and a long service connection.
(b) Mr. Hutchinson is to confer with the Planning Board regarding
their concern about Glen Road South being an adequate road to
provide frontage under the subdivision control law. Also,
to allay their concern about the Grant Street sewer effectuating
a back-up in the Saddle Club Road area.
(c) According to Engineering, the Meriam Street sewer proposal would
in no way affect the water table of Granny's Pond; Conservation
is to be so advised.
(d) Mr. Hutchinson is to investigate the possibility of providing
service to #25 Oakland Street, owned by Janet Page.
GROUP Z
(a) Mr. Hutchinson is to make arrangements for a meeting with the
residents of Wachusett Drive, who are opposed to the proposal,
and the residents of Fair Oaks Drive, who requested that
there be more dialogue with the neighbors.
(b) Although a majority of the residents on King Street are opposed
to the project, Engineering recommended sewering the entire area.
(c) A decision on Carville Avenue was deferred until one of the
three proposals is submitted for final consideration by the
Board.
(d) Mr. Hutchinson is to make arrangements for a hearing to be held
on the Robinson Road sewer proposal.
A final decision on the FY 80 sewer program is to be made by the
Board of Selectmen on Tuesday, February 20, 1979.
A brief discussion was held on the request from the developer of
the Powder Horn Golf Course, located on Walnut Street, for the Board's
consideration of sewer service being provided by the Concord Avenue
sewer.. It was agreed that Mr. Hutchinson is to come back with more
information.
In response to Chairman Battin's request, Mrs. Fricker agreed to
talk with members of the Sewer Advisory Committee relative to working
with the Board and the Manager if Article 13 is approved by the 1979
Town Meeting. This article requests a report from the Board of Select-
men on Sewer Policy and Plans.
Selectmen's Meeting - 3 - January 17, 1979
The Board discussed snowplowing costs and Mr. Busa recommended that Snow
they stay with the policy we have always had on snow removal, to pick it Removal
up when it is necessary to be picked up, day or night. Mr. Hutchinson Policy
said there is a contractural problem that provides for a 6 -hour break
before bringing them back in, but we have had times when we brought them
right back in because of the work in front of us and we continued to pay
time and a half. We have also spoken about bringing them in a little
later and putting them on straight time. He takes the position that we
can do that.
The Board agreed to continue with the current policy on removing
snow as necessary, even if it involves overtime.
The sidewalk snow removal By -Law was discussed and Mr. Hutchinson Sidewalk
said that the Chamber of Commerce has agreed to go along with the By -Law. Snow
Ninety-five percent of the people shovel their walks but some have not Removal
been as active as they should. Mr. Crain suggested the way to handle By -Law
it is to strike dialogue with the Chamber of Commerce and the Rotary
Club to talk about the exceptional incidents and develop a way to com-
municate through their system. If there are exaggerated instances, a
letter from the Board of Selectmen would get their attention. If it
doesn't, we could decide the next step. Mr. Kent said the next step
is by-law enforcement. Mr. Busa pointed out that the by-law does not
cover all the business areas in town; so noted by Mr. Hutchinson.
Mr. Hutchinson is to continue to monitor the sidewalk situation in
the Center.
Mrs. Uhrig, Chairman of the Recreation Committee, and Mr. Rogers,
Architect, met with the Board to discuss the Center Pool. Mrs. Touart,
Chairman, and members of the Permanent Building Committee were also
present. Mr. Rogers said that, as of December 6, 1978, the estimated
cost is $669,050. The changes from last year are the refinement and
better judgment of what things would cost in 1979. On individual items,
the gross change is estimated to be a $25,000 increase in the project.
The bathhouse is more than it was a year ago because of escalated costs;
a year ago, we had not done the final design, construction to occupancy,
of the bathhouse. Mr. Crain said that a 35 percent increase from last
year is extraordinary, and Mr. Rogers replied that it is not if you
take the bottom figure. Mr. Kent felt that $16,000 for a tennis back-
board was high and suggested they consider something for a fraction of
that cost.
Mrs. Touart said that the Permanent Building Committee wants to bid
it both ways as building costs go up at the rate of 10 percent a month.
We are going to ask our contractors to bid for May and for September
to see if there is an appreciable difference in costs; in which case,
Town Meeting will have the opportunity to decide whether it wants to
close the pool for the summer. There are many contractors who aren't
as busy throughout the summer and we might get a better price. So,
to close the pool for the summer, build .it over the summer, and we may
get an appreciable saving. Mr. Hutchinson said we can bid on the dates
but he would have to review some of the implications of debts incurred
prior to July 1, 1979 as being part of any tax cap program. The Governor
said if any debt is not in place before July, 1979, you won't be able to
, fur 'that debt.
Center
Pool
41247
Selectmen's Meeting - 4 - January 17, 1979
In response to Mrs. Miley's question of what the Board of Health is going
to do about whether the pool stays open or to close it, Mrs. Uhrig said
they are essentially saying they have been keeping this pool open because
they realize we were coming up with another one. Should the plan be
turned down by Town Meeting, the Board of Health will require a plan
to be submitted that will provide for the closing of the existing
facility or will provide for complete rehabilitation of the existing
complex. The Board of Health indicated to us they will close it as of
the summer without a complete plan. Mr. Busa asked if they had an
alternative plan and Mrs. Uhrig said they did not as Town Meeting gave
them the go-ahead for a plan. Mr. Busa said if it is approved and bid
in May to construct July 1, you have an impact on the Reservoir.
Ms. Halverson, Recreation Coordinator, said she had looked into
other facilities in terms of relocating swimming lessons and we might
be able to rent the Minuteman School facilities a couple of days a
week and have the remainder of the lessons at the Res; we could keep
all lessons at the Res if we had floats. In terms of not having facili-
ties this summer, it would not wipe out the total cost of the pool operation.
The cost for lessons is approximately $5,000 and, anticipating some increase
in attendance there, we also might have to increase the staff; so you
wouldn't wipe out the total pool budget. She saw problems with conducting
swim team program at the Res this summer. The question is if the Res can
handle the increase. Mr. Busa asked if they had looked into the pollution
problem and Mr. Prentiss, Recreation Director, said that both the pool and
the Res fail seasonally in the summer and every year we are at the verge
of closing when we get a break in the weather. The Res would not take
the additional impact over a long period of warm temperatures, and we
would have to augment the water supply, which we have monies for, and
possibly treat the water, and reduce the bather load.
Bandstant Mrs. Touart discussed the proposed location of the bandstand. The
Location Historic Districts Commission has voted 4-1 against the Buckman Tavern
grounds and the Bandstand Committee has requested another hearing and it
looks as if we probably will go to Hastings Park. The Committee will meet
tomorrow and would like to come back to the Selectmen next Monday. Mr.
Kent was in favor of the Buckman Tavern grounds and questioned whether it
is within the statutory function of HDC to judge merely on architectural
plans and not on the use of the land. The Board will ask Town Counsel's
opinion. 'It was agreed that Mrs. Touart will request an appointment with
the Board for next Monday's meeting to present the Committee's recommenda-
tion.
Recreation
Tot Lots &
Playgrounds
Mrs. Uhrig said that the Manager had deleted Tot Lots -$30,000; Bike-
ways -$15,000; Athletic Lighting -$7,000. There was a development going in
the area we were considering for bikeways and we will go along the existing
roadways to connect Bowman to Franklin and Clarke, so there was no need for
the money. Athletic lighting was not a priority item for us. We requested
tot lots and playgrounds as this was supposed to be an ongoing program. The
play area we would like to do this year is in the Southerland Road area.
1
yj
Selectmen's Meeting
- 5 - January 17, 1979
We have had numerous complaints as to why nothing had been done in this area.
We plan to open it up by cleaning out the undergrowth, upgrade the basketball
court and the baseball diamond and put in play apparatus, and clear a small
pond for skating. If we do this and police it, we hope to decrease vandalism.
Mr. Hutchinson said he was still not in favor of the project as he
felt they should not jeopardize their chances with the pool. Chairman
Battin said that the Board will not decide this evening and will take it
under advisement.
Mrs. Uhrig asked if the Board had discussed the Conservation Revolving
Fund Article and Mr. Hutchinson said that it will be a self-supporting
program for adoption of enabling legislation to allow them to set up a
revolving fund so they can have a number of programs, i.e., ballroom danc-
ing or some specialized program. This is going to save the town money in
the long run. There is no money involved.
Mrs.Uhrig said there is a problem as the state law reads there is a
$5,000 upper limit.
The Recreation Committee retired from the meeting.
The Board discussed expense budgets and capital items. Mr. Hutchinson Budgets
is to submit information on answers to the Appropriation Committee's
questions. He had met with them last evening and the Appropriation Com-
mittee had voted to set a goal of keeping expense budgets at last year's
level. He had reminded them that at a joint meeting with them, this
Board of Selectmen had said that the Appropriation Committee is not saying
to freeze all spending at last year's levels and we will look carefully and
explore expenses. Mr. Hutchinson said their posture now is to get back to
last year's level. He reminded them of $100,000 for people actively re-
tired, $100,000 to start to meet our obligation to meet an unfunded liabil-
ity and $80,000 for the overlay program. He is recommending $280,000 for
Article 5 , which includes $10,000 for active pensioners if there is a
cost of living adjustment. Now, we have about $60,000 in Article 5 to
return to E & D.
It was agreed to continue budget discussions at future meetings.
t was also agreed that Chairman Battin and Mr. Hutchinson are to meet with
the Chairmen of the Personnel Advisory Board and the Appropriation Committee
for an understanding of the Personnel Advisory Board's role and relationship
in the areas of personal services/Article 5 and the affirmative action program.
Upon motion duly made and seconded, it was voted to
Respectfully submitted from a tape recording,
adjourn at 10:45 p.
Clerk, Selectme
SELECTMEN'S MEETING
January 22,.1979
A regular meeting of the Board of
Meeting Room, Town Office Building, on
Chairman Battin, Mr. Busa, Mrs. Miley,
Town Manager; Mr. Cohen, Town Counsel;
present.
Selectmen was held in the Selectmen's
Monday, January 22, 1979 at 7:30 p.m.
Mr. Kent and Mr. Crain; Mr. Hutchinson,
Mrs. McCurdy, Executive Clerk, were
4131
Chairman Battin opened the hearing on the Wood --Street sidewalk and Wood St.
read the notice sent to all abutters. Mr. Hutchinson reviewed the Sidewalk
administrative hearing held on January 10, 1979 in Cary Memorial Hall.
He informed the Board that after working with the citizens, we anticipate
we could save $20,000 of the $50,000 sidewalk construction estimate; if
so, we could extend the sidewalk all the way to Bates Road. The pro-
posal is for that portion of Wood Street between Conestoga Road and Bates
Road, a distance of approximately 1200 feet. Mr. Peter Chalpin, Senior
Engineer, said the original plans called for constructing stone masonry
walls but the abutters at 135, 137 and 139 Wood Street will be submitting
a letter to the Board indicating their willingness to permit sloping of
the land in the front of their respective properties. Sloping in this
area, and along the Boston Edison property, will eliminate the necessity
of constructing retaining walls and will result in very significant
dollar savings; however, planting of trees to replace those removed in
the sloping process will reduce that savings to approximately $25,000.
We will be working with the owners and we do not anticipate any problems.
Mr. Rosenberg, 165 Wood Street, Mr; Kennedy, 135 Wood Street, and
Mr. Sacco, 139 Wood Street, discussed the trees/sidewalk and Mr. Chalpin
said we would like to take the sidewalk in back of the layout and we are
proposing to keep the sidewalk compatible with the grade of the street.
We recommend, in this area, that the sidewalk be along the layout line.
Mr. Sacco said for safety sake, the trees form a hazard because of no
visibility and the tree should come out. Mrs. Whitman said that the
Bicycle Subcommittee is urging the widest possible dimension and curb
cuts. Mrs. Caviness, 149 Wood Street, said she endorsed the program
and would like to make a plea for the trees. Mr. Russian, 2 Conestoga
Road, asked if two pine trees could possibly be saved. Mr. Chalpin
said that it has been the practice of DPW, where possible, to re-
locate shrubs on the property. Mr. Crain commented that the attitude
of the abutters is commendable. Mr. Hutchinson stated that the portion
of the sidewalk to be extended to Bates Road will require that another
hearing be held; it will be scheduled. No further questions being
asked, Chairman Battin declared the hearing closed.
All involved persons retired from the meeting. Later in the
meeting, the Board agreed to the added portion of the sidewalk.
Upon motion duly made and seconded, it was voted to leave the
article in the warrant for the construction of a sidewalk from Holton
Road to Bates Road.
/J2
Chapter 90 -
Adams St.
Selectmen's Meeting
- 2 - January 22, 1979
Chairman Battin opened the hearing on Chapter 90 construction of
Adams Street, and read the notice of the hearing sent to abutters.
Mr. Hutchinson said the administrative hearing was held on January 10
and the objection against the total repairing of Adams Street was
substantial, if not almost unanimous. There was concern within the
neighborhood that it become a safe road in a number of areas and,
in that context, the Engineering Department has recommended, and he
supports, certain spot corrections, such as the intersection of North
and Adams Street, which continues to be a problem. In the light of
the almost unanimous objections to any other rewidening, at this
point in time we would recommend that it be withdrawn from Town Meet-
ing consideration and that we work to the idea of correcting those
areas where we can, i.e., the intersection of North and Adams Street.
We had excellent cooperation from the neighborhood and quite a bit of
interaction as well, looking at all kinds of alternates. It certainly
gives us a better feeling of how people feel in that area.
Mr. Chalpin, Engineering Department, said he had presented a plan
at the January 10 administrative hearing showing a 26 ft. wide pavement
with vertical curbing on both sides, sidewalk on one side and the road-
way to vary and not be centered within the layout; to minimize tree
damage. The project is $300,000 and would include revitalization of
and new drainage. Trees to be removed would be 24 definitely, 9
possibly. North Street will be addressed and included in this
project and guardrails. There were 21 residents against and 1
for this proposal.
Mr. Hutchinson pointed out that there are no provisions in the
current budget for correcting problems in the North Street area.
Mr. Kent asked what might we do about the guardrail, and Mr.
Chalpin said he had discussed, basically, one alternative, to cut
the slope down in front of Adams Street, which would increase visi-
bility around that curve and, in itself, would be a great improvement.
Mr. Chalpin informed Mr. Kent that there were no administrative figures
on doing something on the blind corner at North Street. Mr. Kent
questioned Mr. Chalpin's statement at the administrative hearing that
the speed limit should remain at 30 mph, that he saw no reason for it
to increase, and that the chances of it being decreased are nil.
Mr. Chalpin replied that the posted speed zones are established by
the cooperation of the town, the Mass. D.P.W. and the Registry of Motor
Vehicles. They send a special unit of two men with a radar -equipped
automobile and clock 100 vehicles in each direction at every quarter
of a mile along the proposal for speed zoning. They tabulate the
figures and arrive at an 85 percentile for that speed below which
85 percent of the vehicles that pass that particular point are travel-
ing. It is that speed which is established as the speed limit. The
chances of it going down anywhere today are non-existent. The town
cannot lower the speed limit; the process is that the Board of Selectmen
can request the state to do this. Mrs. Miley asked when the tests were
done and Mr. Chalpin said that we do not know when they come into town
as they use an unmarked car. Mrs. Miley said she uses that corner a
lot and at the end of the work day the traffic goes through pretty fast.
1
1123
Selectmen's Meeting - 3 - January 22, 1979
Mrs. Margaret Brook, 26 Hancock Street, suggested a blinking light
at the North Street intersection. Mr. Chalpin said it would have to be
requested by the Board of Selectmen to the state. We have discussed
this in the Traffic Safety Committee and currently there are two stop
signs on North Street which are plainly visible and we do not feel
the expenditure for flashing red light would improve the situation.
Naastatements'.were made in favor of the proposal. When asked
for statements in opposition, one resident said that he would like
to keep Adams Street as a country road; the surface is acceptable;
he would like consideration of correcting the visibility, and North
Street is the tough one.
Chairman Battin said that we do have a sense of the abutters,
taken from the hearing, that everyone is in essence against the pro-
posal. The administration now is recommending to the Board that we
withdraw it, that we consider spot improvements, which we aren't going
to be able to do during this budget cycle but to think them through
very carefully. If the Board agrees with the administration, it
would be a year before we could do that.
Mr. Kent said that the condition at the North Street corner is
a very serious business and his enthusiasm for the Chapter 90 project
related to doing something at that corner. If the department and the
residents have reached this position, he was comfortable with it save
for one aspect and that is the delay. If it were not for what Mr.
Chalpin said that the department is not ready to proceed with this
corner, he would be pushy about doing something about it. It has to
be done right and if the department feels it .needs more time with
respect to this, so be it. But he hoped they would make it a high
priority item in presenting to the Board a concrete proposal with
respect to do something about the corner. In the meantime, he would
plead with D.P.W. to be ever vigilant about keeping the grass cut back
because during the summer months the height of the grass is a substan-
tial contributor.to the blindness that exists at that particular corner.
Mr. Charles Code agreed with Mr. Kent's sense of urgency. He said
that a blinking light would be no good at all as it would be invisible
unless it is at the top of the hill. Mr. Edward Orange, 82 Adams Street,
said that if the North Street intersection is taken care of with town
money rather than Chapter 90, it could be done next year.
There were no further questions and Chairman Battin declared the
hearing closed. Later in the evening, the Board agreed to withdraw
Adams Street and delete the article.
Upon motion duly made and seconded, it was voted to withdraw the
proposal for Chapter 90 reconstruction of Adams Street and delete the
article from the warrant.
Hearing -
General
Revenue
Sharing
Funds
Selectmen's Meeting - 4 - January 22, 1979
Chairman Battin opened the hearing on General Revenue Sharing Funds.
She said that Lexington's proposed budget this year is $29,119,826-
$12,392,622 for general purpose government and $16,727,204 for educa-
tion. General Revenue Sharing Funds coming to us are $492,290, and the
Manager has his recommendations to the Board.
Mr. Hutchinson said these are only estimates of what we would be
receiving and we had estimated $108,000 a quarter but we have been ad-
vised we would get $93,000 for this next fiscal year, which is approxi-
mately $60,000 less than we had anticipated. In other words, from
$432,000 to $372.00. There was an administrative hearing held and
the Senior Center Cite Committee had requested that money be provided
for the Munroe School but he had not provided any money in this recom-
mendation as the town is not in a position to commit itself to drawings
or a study of -the Munroe School for a Senior Citizen Center. Other
requests were made from the Youth Commission regarding a youth service
directory and summer employment service but we feel those can be ab-
sorbed in the existing current operating budget. We have recommended
the expenses to be supported by this budget, and there will be some
modifications, - Council on Aging Expenses -$26,820; Mystic Valley
Mental Health Expense -$30,853; Community Services -$34,617; Police
Motor Vehicles -$25,000; Street Lights -$250,000; DPW Equipment -$125,000.
We have tried to blend some form of commitment to human services as well
as what we consider basic operations within municipal government. The
Selectmen have the right to designate the money in.a rather wide range
of categorical areas and there are very few limitations on how you choose
to allocate that money.
Mr. Rooney, Chairman of the Senior Citizens Site Committee, said
the Selectmen have a copy of the committee's report. We have come to
the point where we have to recognize our senior citizens. We have taken
28 locations within the town and have decided on the Munroe School as it
has excellent possibilities. There is a lack of space in the present
facilities. We came to the Revenue Sharing hearing to ask for $38,000
and we can cut that figure down to $17,500.. it-wras":pointe4 aut _thaii the
Selectmen had just received notification from the School Committee on
the Munroe School and it was premature to have dialogue on the possible
use of the school. Mr. Hutchinson agreed and said that he could not
possibly recommend $18,000 or $19,000. Chairman Battin said we have
heard Mr. Rooney and the Manager and we will have to take it under ad-
visement.
Mr. Roy Hebert, 18 Bowker Street, asked if it would be more appropriate
to ask for $5,000 from revenue sharing rather than the citizens' article
submitted? The Board agreed that the article would stay in the warrant.as
it was reluctant to introduce something of a new character. (The article
requests $5,000 for the Central Middlesex Association for Retarded Citizens.)
Mrs. Judy Zabin commented that the League of Women Voters is not making
a specific request on the use of GRS funds this year but we applaud the
use of them for human services over the past few years and hope in the
futureyou will consider allocating GRS funds for other human services,
some of which have been funded previously in the town budget. Mrs. Jackie
Davison said that personally she was concerned that the commitment of GRS
funds to human services continue as it appears there will be cutbacks at
the state and federal levels. Also, to put a real effort forth next year
to increase human services allocations and put street lights and D.P.W.
in the town budget.
Chairman Battin declared the hearing closed.
y3.5
Selectmen's Meeting - 5 - January 22, 1979
Mrs. Touart, Mr. Burnell and Mr. Grossimon met with the Board. Mrs. Bandstand
Touart said that the committee had met and decided on recommending Hastings Location
Park as the site for the location of the bandstand. They had advised th&
Historic Districts Commission and a meeting will be arranged to discuss
approval.
The Board agreed to unanimous support of the proposed new location.
The -committee retired from the meeting.
The Board approved applications for.licevses.:.: Licenses
Upon motion duly made and seconded, it was voted to renew the Com-
mon Carrier license for Boston Tours, 89 Arcadia Street, Waltham, for Common
the transportation of passengers for hire by motor vehicle along Pleasant Carrier
Street and Massachusetts Avenue to the Battle Green to Route 2A to Concord;
One stop at the Battle Green. License expiring December 31, 1979.
Upon motion duly made and seconded, it was voted to issue an Auctioneer
Auctioneer's license to William G. Marley, 22 Phinney Road, expiring
March 31, 1979.
Mrs. Miley asked if the Bus Companies could be requested to move Tour Buses
their buses out of the tenter of town and not keep the motors running. Fumes
Mr. Hutchinson agreed to contact the bus companies.
Chairman Battin read a letter from_the Lexington School Committee Munroe
stating that the committee hadunanimously voted at its meeting on School
January 16, 1979 "To authorize the Chairman of the School Committee
to send a letter to the Board of Selectmen informing them that the
School Committee will no longer need Munroe School and the land site
for school purposes from and after July 31, 1979, and furthermore the
School Committee requests the Board of Selectmen to assume responsibil-
ity for the building and grounds no later than July 31, 1979."
Upon motion duly made and seconded, it was voted to accept the
responsibility -of the Munroe School.
Members of the Board of Health and Mr. Smith, Health Director, Bd.Hlth.
met with the Board to discuss a proposed by-law: "No person shall Article -
throw, dump or cause to be deposited in any brook, stream, water Brooks,
course or drainage facility within the town any trash, rubbish, Debris
debris, refuse or other material such as grass clippings, brush,
tree limbs or similar items which will obstruct or impede the
free flow of water. The penalty for violation shall be $100 for
each offense. " Mr. Smithsaid that throughout the year, we have
a lot of trouble with people dumping and causing a lot of nuisance
problems. The idea is to give someone other than the Board of
Health the authority to enforce it.
Upon motion duly made and seconded, it was voted to support the
by-law article proposed by the Board of Health dumping debris in
brooks, streams, water course or drainage facility within the town.
gf3b
Selectmen's Meeting
- 6 - January 22, 1979
Bicycle The Recreation Committee and Mr. Wathen-Dunn met with the Board to
By -Law discuss' the proposed bicycle by-law. Chairman Battin said the state
statute does say bicycles may be ridden on sidewalks outside business
districts when necessary in the interests of safety unless otherwise
directed by local ordinance. Our by-law says that no person unless
authorized by regulation shall use or oerate on any sidewalk any bicycle
or vehicle unless propelled by hand except on such as are designated by
the Selectmen and marked as bicycle paths or routes. So, they are ex-
cluded in Lexington unless otherwise specified, and the state allows
the reverse to happen, that they are permitted everywhere unless it is
specifically excluded, As background information,. the Town Meeting
directed the Recreation Committee to come in with a proposed by-law
about bicycles. Mr. Wathen-Dunn presented the following: "No person
unless authorized by regulation shall use or operate on any sidewalk
or independent bicycle path any vehicle, except a wheelchair, not being
propelled by hand. Non -motorized bicycles may be ridden on independent
bicycle paths, designated by the Selectmen and marked as bike paths or
bike routes, and when necessary in the interest.+of public safety, non -
motorized bicycles may be ridden on sidewalks except within business
districts and within such other areas as may be designated by the
Selectmen. Otherwise, bicycles shall be operated according to Chap.85,
Section 11B, of the General Laws of Massachusetts."
Discussion was held and Mr. Buss asked who determines it is in
the best interest of public safety? Mr. Wathen-Dunn said that it
should be the Police Department. Mrs. Hinkle, Recreation Committee,
said they would be working with the Traffic Safety Committee and we
hope to publicize and educate the people. Mr. Busa suggested that
they look at the areas around schools.
The Board agreed to insert the Article and would take a position
later.
The Recreation Committee retired from the meeting.
Bleachers Mr. Hutchinson recommended approval of a transfer request of $10,500
-Transfer for the bleachers. He said that he was asked to further refine the estimate
Request for the materials needed based upon anticipated price increases, and the
Appropriation Committee said it would look at the request again.
Upon motion duly made and seconded, it was voted to request approval
of the Appropriation Committee of a transfer in the amount of $10,500 to
Account #6000 -Parks for the High School bleachers.
Appts. - Mt. Hutchinson requested the Board's approval of his appointment -'of
Youth members of the Youth Commission.
Commsn. Upon motion duly made and seconded, it was voted to approve the
Town Manager's appointment of Steven Doran, 16 Village Circle, and
Alan Gorman, -9 Vine Brook Road, as members of the Youth Commission
for terms expiring in 1981.
Town Report- Mr. Hutchinson recommended approval of the low bidders on the
Warrant printing of the Town Report and the Town Warrant.
Printing Upon motion duly mdde and seconded, it was voted to award the
contract to Rene Press, Fitchburg, in the amount of $4,806.50 for
printing the 1978 Town Report.
Upon motion duly made and seconded, it was voted to award the
contract to Semline, Inc., Braintree, far'.:print.ng the 1979 Annual
Town Meeting Warrant: 48 pages and cover-$3,245;$67.60/page;
56 pages and cover-$3,799;$67.84/page.
1
137
Selectmen's Meeting - 7 - January 22, 1979
Mrs. Banks recommended approval of a Certificate of Incorporation Cert.of
location. Upon motion duly made and seconded, it was voted to approve Incorp.
the address at 330 Bedford Street, Lexington as a mail drop for the Address
Friends of the Lexington Counc[ilon Aging, Inc.
The Board agreed to sched a meeting will' the Chairmen of Meetings
Committees on Friday, February 16, 1979, at 7:30 a.m. in the Select-
men's meeting room. Also, to schedule a Selectmen's meeting at the
Diamond Junior High School on February 26, 1979, at 7:30 p.m.
Upon motion duly made and seconded, it was voted 5-0 by roll call Executive
vote - Mrs. Battin, Mr. Buse, Mrs. Miley, Mr. Kent,Mr. Crain - to go Session
into Executive Session for the purpose of discussing strategy with
respect to litigation and a matter involving the sale of 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
10:40 p.m.
A true record, Attest:
Executive Clerk, Selectmen
*38
SELECTMEN'S MEETING
January 24, 1979
A meeting of the Board of Selectmen was heldin the Selectmen's
Meeting Room, Town Office Building, on Wednesday, January 24, 1979,
at 7:30 p.m. Chairman Battin, Mr. Buse, Mrs. Miley, Mr. Kent and
Mr. Crain; Mr. Hutchinson, Town Manager; Mrs. Banks, Assistant to
the Town Manager; Mrs. McCurdy, Executive Clerk, were present.
Mr. Lloyd Gilson, President of the North Lexington Association, MAPC
and Mrs. Angela Frick, Lexington's representative to MAPC, met with Burlington
Board. Mrs. Miley said that Mr. Gilson is here to discuss a study Study
being made by MAPC at the request of a member of the Planning Board
of Burlington, who is also on the executive council of the MAPC and
Burlington's representative, and to ask this Board to take a stand.
Mrs."i1iLey•.said:#t is her understanding when the report is completed,
it will be sent to Peter Murphy, State DPW, and he will report to the
federal government to see what their feeling is about any change in
Route 3 regarding that Burlington industrial land. Mrs. Miley, Mr.
DiMatteo, Building Commissioner, Mr. Prentiss, Conservation Director,
and Mr. Gilson had attended a meeting to discuss this before MAPC
started the study. The last time this Board discussed it, they did
voice their opinions that they felt MAPC should not be doing the study.
At that time, Mrs. Frick did communicate that sense of the Board to
MAPC. Since then, we have received a copy of a report which was sent
by Mr. Gilson to MAPC. Mr. Gilson, as a member of the North Lexington
Association, has had a meeting with MAPC. Our Planning Board discussed
the MAPC study last Monday night and plans to write a letter that they
had not been notified of a study being undertaken and such a study
should be areawide and have the participation of all affected towns.
Mr:. Gilson said the Bedford Selectmen and the Planning Board have taken
a stand that MAPC should not become involved in a study because it
serves a private interest; also, they oppose development because of
traffic, water problems, and citizens not being given protection'
because of current zoning by-laws. The legislators are aware of our
position. The point is the State DPW can give the developers per-
mission for curb cuts without permission of the legislators; curb cuts
mean access to Route 3. It was his understanding that the draft will
come out the first or second week in February and we should get our
comments in before the report is written.
The Board agreed to get input from.the Planning Board and draft
a letter to MAPC, which will be discussed at the next meeting.
Mr. Hutchinson discussed the following accounts:
139
Selectmen's Meeting
- 2 - January 24, 1979
Budgets #1080 -Office Furniture & Fixtures -$1,000; Appropriation Committee -$500.
Mr. Hutchinson said that $1,000 is not unreasonable. The Police
Department has requested $775 and $225 to be used as a contingency
fund. The level of replacement within the last three years has
been in excess of $1,000. Board agreed.
#1200 -Town Clerk -$8,727; Appropriation Committee -$5,000. Mr. Hutchinson
said the Appropriation Committee recommends not doing all the micro-
filming now. Board agreed to talk with the Appropriation Committee.
#1700 -Group -Insurance -$762,000. Board had no objection. Mr. Hutchinson
recommended that the Board set up a committee to investigate self-
insurance. Mr. Crain suggested George Silverman be approached,
and to make an effort by the newspaper to elicit knowledgeable
people. Board agreed.
#1750 -Municipal Property & Workmen's Compensation -$306,503. Under in-
vestigation.
#5250 -Town Office Building Maintenance -Enclosed office space for Mrs.
Banks, Assistant to the Town Manager. Kent, Crain, Miley, Battin
supported; Mr. Busa had reservations.
#5850 -Sanitary Landfill -$77,000. Mr. Hutchinson recoimmended deducting
$9,000 from the $55,000 for fill vs. $80,000 last year; new figure
$46,000. If we shut down the landfill on Sunday, we could go to a
40 -hour work week. He quoted landfill hours in surrounding towns -
4 to 6 days, none open on Sundays. We could open Monday, Tuesday,
Thursday, Friday and Saturday from 8 to 5 and save $9,000 in cover-
ing material and a minimum of $21,000 in labor costs; we will be
reducing by two positions. Board agreed to new figure of $68,290
by deducting $9,000.
#4150 -Fire Expenses: Mr. Hutchinson said the Appropriation Committee
is questioning the use of the study on the building. Board agreed
to defer discussion until meeting with the Appropriation Committee.
Mr. Hutchinson recommended a revised Personal Services figure of
$1,028,000,.reducing DPW $21,190 by cutting out two positions.
Mr. Hutchinson discussed the Capital budget items and said that
he would submit copies to the Board of the Capital Expenditures Com-
mittee's recommendations.
The Board agreed to meet with the Appropriation Committee on
Saturday morning.at 8:00 a.m.
Upon motion duly made and seconded, it was voted to adjourn at 10:15 p.m.
A true record, Attest:
120'07.///G
xecutive Clerk, Selectmen
1
SELECTMEN'S MEETING
January 27, 1979
A meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Saturday, January 27, 1979,
at 8:12 a.m. Chairman Battin, Mr. Busa, Mrs. Miley, Mr. Kent and
Mr. Crain; Mr. Hutchinson, Town Manager; Mrs. McCurdy, Executive
Clerk, were present.
Mr. Hutchinson reviewed budgets with the Board until the
Appropriation Committee arrived at 9:15 a.m. Mr. White said the
committee had looked at 24 different accounts, with a net reduc-
tion of $66,693. This is indicative of how we looked at the budgets
in the light of our concerns, taxpayers' concerns, and the new
Governor's concerns. We don't feel it is a mandate but we have to
deal with realities; essentially, we have gone back to last year's
level and we felt our differences would not hurt the function of
these departments.
Agreement was reached on the following accounts reduced by the
Appropriation Committee:
1141 -Tuition and Training -$12,200 (reduced from $14,000).
1148 -Safety Program -$770 ($1,000).
3000 -Assessors -$8,300-$8,425).
3300 -Board of Health -$10,000($10,575).
3550 -Animal Control Officer -$4,875 ($4,975).
4350 -Local Disaster Services -$500 ($1,000).
2480 -Recreation Committee -$21,000 ($24,400).
Agreement was not reached on:
1050 -Selectmen's Expenses -$7,473 (Selectmen);$6,500 (App. Com.).
1065 -Town Manager -$6,600 (Selectmen);$6,000 (App. Com.)
1080 -Office Furniture & Fixtures -$1,000 (Selectmen); $500 (App. Com.)
1090 -Professional Services -$15,000 (Selectmen); $9,200 App. Com.).
1135 Out -of -State Travel & Training -$6,000 (Selectmen); $4,500 (App.Com.).
1200 Town Clerk & Vital Statistics -$11,600 (Selectmen); $5,000 (App.Com.).
2380 Council on Aging -$26,820 (Selectmen); Hold (App. Com.) pending more
information from Town Manager on Minuteman Care).
3800 -Police -$143,000 (Selectmen);$140,525 (App. Com.)
4150 -Fire & Ambulance Maintenance -$75,650 (Sel.); $71,475 (App. Com.).
4500 -Inspection -$1,295 (Selectmen); $1,213 (App.. Com.>.
5150 -Engineering -$4,800 (Selectmen); $4,550 .(App. Com.).
5250 -Town Bldg. Maintenance -$178,143 (Sel.); $152,700 (App. Com.).
5450 -Road Machinery -$124,500 (Selectmen); $145,300 (App. Com. eut.out
compactor in capital budget and added approx. $20,000 to repair
current machine.)
5550 -Traffic Regs. & Street Signs -$24,300 (Selectmen); $23,500-App.Com.).
5700 -Sewer Maint. & Water Serv.-$63,338 (Sel.); $60,000 (App. Com.).
5850 -Sanitary Landfill -$65,290 (Selectmen); $62,290 (App. Com.).
6000 -Park -$46,600 (Selectmen); $46,600 (App. Com.)..
4196
App. Com.
- Budgets
Selectmen's Meeting - 2 - January 27, 1979
Discussion was held on capital budget items and Mr. Hutchinson
will submit an updated report to the Appropriation Committee.
The Appropriation Committee retired from the meeting.
Upon motion duly made and seconded, it was voted to adjourn at
12:00 Noon.
A true record, Attest:
Executive Clerk, Selectmen
1
1
iY2
SELECTMEN'S MEETING
January 29, 1979
A regular meeting of the Board of Selectmen was held in the
Selectmen's Meeting Room, Town Office Building, on Monday, Jan-
uary 29, 1979, 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.
Chairman Battin opened the hearing on Powers Court, a sub divisdon Powers
street. Notices of the hearing had been sent to the abutters. Mrs. Court
Battin read a letter from the Planning Board recommending that the Lay Out
street be laid out. Mrs. Gabrielson, 3 Powers Court, said that due
to the heavy snow and recent heavy rain, she had experienced diffi-
culty caused by the drainage system at the Paul Revere Road catch
basins; within an hour, two catch basins had overflowed into her
yard, going to the back of her lot and the street behind her. Two
other residents stated that the catch basins are not adequate. Mr.
Hutchinson said there have been problems throughout the town because
of the heavy rain but he assured the residents they should call his
office and he would get a report for the Selectmen. He pointed out
that the developer had obligations to conform to the specifications
and the subdivision had been approved by the Diann:ing Bpardy: tide".._'
CbnsC±vation Commission and the Engineering Department. The Board
noted the residents' concerns and agreed that the Manager would in-
vestigate the drainage system and the catch basins in the area.
Chairman Battin declared the hearing closed. The residents retired
from the meeting.
A group of high school students met with the Board regarding the High School
bleachers at the high school field. They urged the Selectmen to stress Bleachers
this need to the Appropriation Committee, and they were informed that
the Appropriation Committee had again denied the request for a transfer.
Mr. Hutchinson said that bth&.are being received on lumber and steel in
order to get an idea of the costs involved. The Board assured the
students that every effort will be made to have the bleachers ready
in time for graduation. The students retired from the meeting.
A discussion was held on mosquito control. Dr. Cosgrove, Chairman Mosquito
of the Planning Board, spoke in favor because of children being bitten, Control
and the comfort value. Dr. Jere Downing, Entomologist of the Department
of Agriculture at the University of Massachusetts, said that, in his
professional opinion, the overall health benefits and enhanced stand-
ard of living for the community provided by comprehensive regional con-
trol vastly outweigh the criticisms that opponents often bring forward.
There are 40 different typea'_in:Massachusetts and we do not know what
species of mosquito transmits the virus from birds and horses to humans.
Routine mosquito control can reduce bites that cause annoyance and
discomfort, secondary infection and allergic response. A water man-
agement program and the use of safe insecticides help0 reduce the population.
Selectmen's Meeting
- 2 - January 29, 1979
Dr, Manfred Friedman said he couldn't imagine being exposed to
things that destroy life can be beneficial. There is concern that
malaria is on the increase in the world because mosquitoes have
become immune. He recommended to the Board of Health that a con-
trol program be funded for ditching and flood control work.
Three Selectmen were not ready to take a position but would
vote to leave the money in the budget.
Upon motion duly made and seconded, it was voted that $9,000
would remain in the budget for mosquito control..
All persons involved in the discussion retired from the meeting.
Master Mr. Albert Zabin, Chairman, and Mrs. Laura Nichols, Planning
Housing Board, and Mrs. Mary Shunney, Chairman of the Housing Authority and
Plan member of the Master Housing Plan Subcommittee, met with the Board
to discuss the Report of the Joint Government and Citizen Report on
Housing Policy. Mr. Busa raised objections to the report being written
without the input of the subcommittee, a meeting being held when he was
told it was cancelled, and he had no knowledge of the committee being
disbanded. Mr. Zabin said there was no circumventing; Mr. Busa had
missed the meeting when the reports were voted unanimously by those
present. Mrs. Nichols agreed and said there was a misunderstanding
about the meeting Mr. Busa mentioned. Mrs. Shunney said technically
the report is correct but she had problems with some areas and was
interested in submitting a minority report for Town Meeting. We were
not concerned with seeking funds for subsidized housing and we felt
we should try and work within the zoning by-laws. She had a problem
with the emphasis on Chapter 774 as we would lose home rule. Mr.
Busa said that his subcommittee had discussed methods of being able
to create low and moderate housing and to encourage private builders.
We at no time were looking for subsidized housing.
Chairman Battin said the committees established four criteria
to determine Lexington's housing needs: (1) Town objectives;
(2) State and federal requirements; (3) Local needs; (4) Regional
needs. Under town objectives, the committee concluded that a
heterogeneous population mix can be maintained only if there is
low and moderate cost housing. Preservation of the character of
the town precludes any large high rise housing project but scattered
site single family or duplex houses on individual lots. Under
state and federal requirements, one fact is if we don't work with
them, we will lose federal housing. Mrs. Shunney said there was
a problem as to whether we were addressing ourselves to regional or
local needs, but she did realize we can't remove ourselves from the
region. Chairman Battin found the report on local needs very helpful.
The Board agreed to an on-going discussion and another meeting
is to be scheduled to discuss the warrant article on the resolution
relating to a housing policy plan for the town.
TMMA
Members of the TMMA met with the Board to discuss Article 4 and
Article 5 and it was agreed to have a detailed presentation by Mr.
Hutchinson at a TMMA informational meeting.
Selectmen's Meeting
- 3 - January 29, 1979
Mr. Nyles Barnert informed the Board that the Capital Expenditures
Committee agrees with the recommendations of the Manager, with two ex-
ceptions - the compactor for the landfill and the Westview Cemetery
building. At Chairman Battin' gge~stiah, hetiakreed to make arrange-
ments for an inspection of the lding at Westview.
Mr. Hutchinson recommended that the Transportation Management
limousine licenses be renewed to May 1, 1979. Since the last time
they were in, everything has been going well. We are looking at the
details of all the other permits there and will have a report for
the Board.
Upon motion duly made and seconded, it was voted to renew the ten
limousine licenses for Transportation Management Corporation until
May 1, 1979.
Upon motion duly made and seconded, it was voted to accept the
recommendation of the Acting Director of Public Works to abate water
bills in the total amount of $1,362.70.
Upon motion duly made and seconded, it was voted to accept the
recommendation of the Acting Director of Public Works to abate the
sewer betterment assessment of Peter Sowkow, 64 Valleyfield Street,
in the amount of $777.00; land acquired by the Conservation Com-
mission.
Upon motion duly made and seconded, it was voted to approve the
minutes of the Selectmen's meetings of October 30, 1978 and January 2,
1979.
Upon motion duly made and seconded, it was voted to approve bonds
of $5,000, each, for Deputy Collectors Paul E. Kelley, Patrick J. Moynihan,
Arthur W. Degnin, subject to review of the bonds by Town Counsel and the
Town Manager.
Upon motion duly made and seconded, it, was voted to sign the Warrant
for 79 Articles for the 1979 Annual Town Meeting to be held on March 19.
The Board agreed to send a letter to the Metropolitan Area Planning
Council expressing concern relative to the MAPC study being conducted
on the Burlington parcel at the Lexington/Bedford lines. It is the
position of the Board that development not take place until all con-
cerns are answered to the satisfaction of all Lexington boards. MAPC
is requested to keep our MAPC representative and the Planning Board
informed of the progress of this study.
Upon motion duly made and seconded, it was voted to declare the
week of February 4 - 10 as Lexington Rotary Club Week.
Upon motion duly made and seconded, it was voted to adjourn at
10:45 p.m.
A true record, Attest:
Cap.Expend.
Committee
Licenses -
Limousine
Abatements
Minutes
Bonds
Warrant
1979 Town
MAPC -
Burlington
Land
Proclamation
Executive Clerk, Selectmen
SPECIAL
SELECTMEN'S MEETING
January 31, 1979
A special meeting of the Board of Selectmen was held in Estabrook
Hall at 7:30 p.m. and adjourned to Cary Memorial Hall at 8:15 p.m. on
Wednesday, January 31, 1979. Chairman Battin, Mr. -Kusa, Mrs. Miley,
Mr. Kent and Mr. Crain; Mr. Hutchinson, Town Manager; Mrs. Banks,
Assistant to the Town Manager; Mrs. McCurdy, Executive Clerk, were
present. Also present were members of the Lexington Housing
Authority, Mrs. Shunney, Chairman, Mr. Sullivan, Mr. Rooney, Mr.
Spencer, Mr. Beamon.
Chairman Battin opened the hearing on scattered sites and said Scattered
that the purpose is to help the Board of Selectmen determine which Sites
tax title lots to transfer to the Housing Authority for scattered Hearing
sites purposes. She read the following request, dated January 1,
1979, from the Housing Authority:
"The Lexington Housing Authority duly created pursuant to the
authority of the Constitution and Statutes of the Commonwealth of
Massachusetts, including, particularly, Chapter 121B, duly organized
on the 10th day of February 1964 and, since the date of its organiza-
tion, has continued to exist without interruption in the performance
of its public corporate purposes, hereby petitions the Board of
Selectmen of the Town of Lexington to convey to said Authority the
following properties: Lot 145 Tarbell; Lot 24 Valleyfield; Lot 50
Grapevine; Lot 204 Balfour; Lot 31 Earl at Ash; Lots 36, 37 Garfield;
Lots 422, 423, 424 Avon; Lot 80 Rangeway; Lot 82 Skyview; Lot 63
Moreland at Buckman; Lot 45 Avon; Lot 60 Marrett Road; Lot 33 Earl
at Ward; Lot 21 Grassland; Lot 14 Rockville at Davis; Lots 48A, 49A
Wood at Alpine; Lots 27, 28, 32 Alpine; Lots 184, 185 Reed; Lot 161
Spring Street, and the three lots LHA Site Numbers 4, 24 and 26 known
as a parcel of land located on the northerly side of North Street.
Sites 8 and 9, Assessors' map 59, Lots 56B and 56C are now owned by
the Authority and therefore require no action under this petition by
the Board of Selectmen. The Authority will construct or cause to be
constructed on these sites 25 single family dwellings for families of
low income pursuant to the United States Department of Housing and
Urban Development Contract Reservation Mass. 067-001 dated Sept. 16,
1977; Regulations 7417.1, dated March, 1977; pursuant to Sections 4
and 5 of the United States Housing Act of 1937 and the Cooperation
Agreement entered into the 23rd day of May, 1977 by and between the
Lexington Housing Authority and the Town of Lexington."
Chairman Battin said that notices of the hearing were sent to
the abutters by the Town Manager. She outlined the procedure to
be followed by the Seiectmeu.and Housing Authority, and announced
that a final decision would be made by the Board of Selectmen on
February 5, 1979.
TTL
Special Selectmen's Meeting 2 January 31, 1979
Mr. Spencer of the Housing Authority gave the background information:
Article 87 of 1970 created RH subsidized housing zone; Article $$ of 1970
authorized the Planning Board to engage a consultant to do a study on
housing needs; in 1971, unsuccessful attempts were made at two Town
Meetings to zone land in Meagherville for subsidized housing and then
the Lexington Commission on Suburban Responsibilities undertook a
study on housing needs; Article 99 of 1972 gave the Housing Authority
$500 to develop a scattered sites' plan; Article 83 of 1972 was an
authorization to the Selectmen to sell and convey to any public agency
non-profit corporation or cooperative certain lots within the town.
Article 78 of 1974 appropriated $21,000 seed money to implement the
scattered sites program. Since that time, the Housing Authority has
applied for funding from state and federal agencies and finally in
September, 1977 did receive a grant from HUD to construct 25 homes
for low and moderate income families. To develop a. plan, the Authority
engaged Hammer, Keefer and Todd and Mr. William Hammer, a Lexington
resident, is our principal contact within that firm. For civil engin-
eering, we relied upon Roger Corbin of Joseph Moore Co. of Bedford,
and legal support comes from Attorney William Dailey and Attorney
Frederic DeAngelis. These people helped develop a packet and our
concerns were for the design of the units and compatibility with the
neighborhoods and the town.
Mr. Hammer said that the proposal is well done and is particularly
favorable to the natural contour of the lands. Of the 25 sites, there
are only two which will require a variance and we have two that will
have to go to the Conservation Commission for wetlands hearings.
Slides were shown of all the lots and Mr. Hammer described the
location of the house on the site.
At 8:15 p.m., the Selectmen and the Housing Authority agreed to
adjourn to Cary Hall in order to accommodate the overflow of abutters
and residents present at the hearing.
Chairman Battin continued the hearing and announced that each lot
would be discussed.
Mr. Ephraim Weiss, Lowell Street, requested that Assessors' maps
be made available, showing the complete site, the location of streets
and neighborhoods.
Mrs. Shunney explained that the purpose of the hearing was to ask
the Selectmen to turn these lots over to the Housing Authority and it
was their feeling that the people present this evening would be abutters
and therefore familiar with the houses and the streets. People who were
interested had come to the Housing Authority office and they did work
with them from the Assessors' maps. Those maps were not available
tonight but anyone interested has the opportunity to go to the
Housing Authority office or the Board of Assessors for additional
information.
Special Selectmen's Meeting
- 3 -
January 31, 1979
Chairman Battin read each lot listed on the Housing Authority's
request.
Site #1, Map 13, Lot 145 Tarbell Avenue
No comments or statements; no one in favor or opposition.
Site #3, Map, 24, Lot 24 Valleyfield Street
Site #19, Map 24, Lot 21 Grassland Street
Mrs. Mary Masciulli, 59 Valleyfield Street; Mr. George Kahaly,
54 Grassland Street; Mrs. Dolan, 68 Grassland Street
were concerned about the existing problem of flooding and the
effectuf=newiconstruction in the area, plus a brook which
has never been dug out.
Mr. Hammer said that, to his knowledge, the Valleyfield site
is not in a wetlands area; if it is, we will have to go to
Conservation. There is a headwall at the lower left with a
culvert to drain the water through. Now, there is a catch
basin in the street for the water and perhaps Public Works
could take a look at it.
Mrs. Susan Solomon, Conservation Commission, said that Lot 21
Grassland Street will come to Conservation for a wetlands
hearing and we will respond on Lot 24 Valleyfield Street to
see if any restrictions should be put on.
Site #4 North Street
No comments or statements; no one in favor or opposition.
Site #5, Map 32, Lot 50 Grapevine Avenue
Site #17, Map 32, Lot 60 Marrett Road
Mr. Peter Agnes; Mr. and Mrs. George Nichols, 303 Marrett Road,
expressed their concern, (1) Not tax title lots -acquired by
the town for installation of drain and sewer; (2) would homes
be compatible with neighborhood; (3) effect of surface water
on abutters; (4) would banking be cut down?
Mr. Hammer replied that the design and color of house would be
compatible with neighborhood; the construction wouldn't worsen
the existing situation, and he couldn't answer on whether the
banking would be cut down.
The Board of Selectmen agreed to check the purpose for which
the above lots were acquired by the town.
Site #7, Map 58, Lot 204 Balfour Street
Mr. Hammer said that this will require a variance.
Mr. Benjamin Golini, 35 Balfour Street, said that he has tried
far yearsto buy this lot. He read a letter from the Planning
Board dated January 4, 1968, "After due consideration, the
Planning Board recommends against the sale of this tax title
lot for the purpose of re -subdivision and the creation of an
additional substandard building lot. The Planning Board would
be in favor of conveying this tax title lot to one or both of
the adjacent owners for a nominal sum, with a restriction against
the.use of this land for additional houses. Subsequent to this
letter, the Planning Board indicated that this is a substandard
lot and could not be built upon; now, we find that this lot will
be built upon. He was opposed to this lot and all other lots
which are substandard, and he asked anyone else in opposition
to stand. A majority of the audience stood up. There was no one
in favor.
g98
Special Selectmen's Meeting - 4 - January 31, 1979
Site #10, Map 72, Lot 31 Earl at Ash Streets
Site #11, Map 72, Lots 36 and 37 Garfield Street
Mrs. Eleanor Yasaitis, 20 Ward Street; Mr. Bruce Neale, Ward St.
spoke of high concentration of low and moderate income housing
in the area. Mr. Neale spoke on the change in the water table
and the effect on his abutting property by new construction.
Rita l6' -
He commented that his
s2 motherwasunable to purchase the lots.
Site BM and716c1;1iap479,4Lotaz ddAvonA treetreet
Mr. David Lavender, 20 Avon Street, said that these homes will
double the population on the street. He did not speak in favor
or in opposition but was concerned about Garfield, Ward and Ash
Streets, which are unaccepted streets. The traffic, no matter
how light, will become an impossible situation; will the town
upgrade the streets?
Mr. Hammer said that the agreement with the town is to improve
all unaccepted ways in conformance with town engineering
standards; it will be a gravel road.
Site #13, Map 90, Lot 80 Rangeway
Mr. Hammer said that this lot will require a variance.
Mr. Riley Hayford, 32 James Street, was in opposition because
of the proximity of the houses and the grade.
No one else commented or was in in favor or in opposition.
Site #14, Map 90, Lot 84 Skyview Road
Mrs. Elaine Marcus, 32 Skyview Road, asked about the location
of the house. Her neighbor had tried to buy the lot and had
been told by the town that it was not a buildable lot.
Chairman Battin said that the Selectmen will note her comment,
and Mr. Hammer explained the site and location of the house.
Site 415, Map 15, Lot 63 Moreland Avenue at Buckman Drive
No comments; no one present in favor or in opposition.
Site #20, Map 15, Lot 14 Rockville Ave at Davis Road
No comments; no one present in favor or in opposition.
Site 421, Map 59, Lots 48A and 49A Wood Street at Alpine Street
Site 422, Map 59, Lots 27, 28, 32 Alpine Street
Mr. Donald Lindsay, 47 Wood Street, questioned whether considera-
tion had ever been given to traffic access for these lots by
going through Haywood Street (paper street) to Fairview Street
instead of Alpine Street and thence to Wood Street?
Mr. Hammer replied that the cost would be prohibitive; it was
considered and rejected.
Selectmen's Meeting
- 5 - January 31, 1979
Site #23, Map 72, lots 184 and 185 Reed Street
Mr. Harry Mackay, 122 Reed Street, stated that one is a 24 ft.
lot and the other is 25 ft.
Mr. Hammer explained that there was an error on the plan and
the combined lots would be 50 feet. He suggested that Mr.
Mackay talk with Mr. Scanlon for clarification of the plan.
Mr. Scanlon said that title to Lot 184 is held by the town
and Lot 185 was owned by the Curtin Realty.
The question was raised on how the town acquired the lot from
Curtin, and Mr. Hutchinson explained that the Board of Select-
men had received a request from the Housing Authority for a
transfer of land to Mr. Curtin in order to come up with a
buildable lot on Reed Street to be considered for scattered
site housing. That proposal was considered by the Board of
Selectmen and the transfer was authorized. Mr. Curtin is
proposing to build another house on Spring Street. We had
independent appraisal of values and it was a financially
solvent thing for the town. He added that he would pursue
the reference to the 49 ft. for both lots.
Site #25, Map 25, Lot 161 Spring Street
Mrs. A. Flynn, 35 Spring Street, said that there was a severe
water problem with that lot. In 1972, you passed an order not
to have more than 30,000 sq. ft. lot for this purpose; this
particular lot has more.
Mr. Hammer said that the rear of the lot is in wetlands zone
and will have to go to Conservation.
Mr. Hutchinson added that Town Counsel has prepared a provision
for Town Meeting approval of more than 30,000 sq. ft.; an en-
gineering report will be requested for that,lot
In response to the question of the responsibility, Mrs. Shunney
responded that the Housing Authority will do the reviewing and will
administer the program; the Authority will decide who will go into
the sites, and we do have the right to have Lexington people first.
Chairman Battin declared the hearing closed.
Upon motion duly made and seconded, it was voted to adjourn at
10:25 p.m.
A true record, Attest:
Executive Clerk, Selectmen
7
1
1
'SO
SELECTMEN'S MEETING
February 5, 1979
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, February 9, 1979, 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.
Chairman Battin conducted two hearings on petitions from the Boston Boston Edsn.
Edison Company for the installation of underground conduit in North Conduit -
Street and Concord Avenue. Abutters had been notified of the hearings
and notices were filed with the Public Works Department.
Ms. Carol Clinton, representative of the Boston Edison Company, in-
formed the Board that approval was requested for 10 feet of conduit in
North Street to provide electric service for two homes. The installa-
tion of 36 feet of conduit In ..Concord Avenue would provide service to
14 lots in a new subdivision. Reports from the Public Works Department
recommended that permission be granted for the two conduit locations.
No one appeared in favor or in opposition.
Upon motion duly made and seconded, it was voted to grantpermissionNorth Street
to the Boston Edison Company for the installation of underground conduit
in the following locations:
North Street, northeasterly, approximately 2,340 feet south
of Burlington Street, a distance of 10 feet, -- conduit.
Concord Avenue, opposite and westerly of Blossom Street, Concord Ave.
a distance of about 36 feet, -- conduit.
Chairman Battin announced that the Board of Selectmen would not be
able tn. make -a thoughtful.:and informed decision on the scattered sites
this evening and will schedule it for the February 20 meeting.
Mr. Kenneth Skinner, President, Mr. Herbert Grossimon and members
of the Lions Club presented a gift to the town of a new public address
system to be used for ceremonies held on the Green. There were two
microphones and stands, four large outdoor horns and stands, and an
amplifier. Funds to purchase the equipment were raised at the
July 4th carnival and the equipment is to be assigned to the care
of the Public Works Department.
On behalf of the town, Chairman Battin accepted the gift and
thanked the members of the Lions Club for their generosity in re-
placing the worn equipment.
Scattered
Lions Club
Gift -
Public Ad-
dress System
Members of the Lions Club and the Recreation Committee discussed Lions Club
a new site for the July 4th carnival. Objections had been raised Carnival
by the Recreation Committee and abutters concerning the previous
location at Parker Field, which had been reseeded last year.
Selectmen's Meeting
- 2 - February 5, 1979
Lions Club Mr. Hutchinson recommended that the Board grant permission to
Carnival the Lions Club for the use of the 3 -acre site located opposite Parker
(cont'd.) Field and closer to Worthen.
Mr. Dhimos, Recreation Committee, said that the committee is
fully cognizant of the worthwhile fundraising efforts of the Lions
Club and their contributions to the Town. There are many recrea-
tional activities taking place during .that time of year and we
must be concerned with them; there would be damage done to the
surface and recreational activities would have to be suspended
because of field conditions after the carnival. We discussed sites
and discarded Parker Field because it was resurfaced last year;
fields #1 and #2 were also discarded because many organizations
use that area during the summer recreational period. We are
recommending the Lincoln Street area and field #5, the site used
before the carnival was moved to Parker Field, as being the
least disruptive areas to be used during the 7 or 8 days the
carnival would be held.
* During discussion, the question was raised about people walking
through the reseeded area during carnival time and Mr. Hutchinson
assured the Board that he will talk with the Lions Club about pos-
sible solutions and the details will be worked out.
Mr. Kent recommended that the Board look at the condition of the
grounds after the carnival has left in order to determine a future de-
cision concerning land which is used for recreational purposes.
Chairman Battin shared his concern and said that she will walk it
within two weeks after the carnival has ended.
* Mr. Skinner, President of the Lions Club, said that the Town
Manager has kept us informed that we may not be in the same area as
last year, and the new site would be accessible to the facilities.
and utilities needed to hold the carnival.
Upon motion duly made and seconded, it was voted to accept the
Town Manager's recommendation to grant permission to the Lions Club
to conduct a carnival on the evening of June 30 through July 4, 1979
on the 3 -acre site located between Center field #1 and #2.
Powers Crt. Discussion was held on voting to lay out Powers Court, a sub-
Layout division street. Mr. Hutchinson recommended deferment until he has
received answers to questions raised at the street hearing held on
January 29, 1979..relative.to drainage problems in the area. Mr.
Cohen advised the Board to vote to lay out Powers Court and he
explained the time sequence necessary for laying out_str.eets.`
Prior -:to `.the :final mote at Town Meeting, more detailed information
will be sought as to whether the street and the drainage system
were put in properly and functioning properly.
Upon motion duly made and seconded, it was voted to lay out
Powers Court as shown on a plan entitled "Plan of Powers Court
in Lexington, Mass., January 4, 1979, Whitman & Howard, Inc.,
Engineers & Architects, 45 Williams Street, Wellesley, Mass."
which plan is on file in the Town Clerk's Office in the Town
Office Building and a copy of which will be recorded with the
Middlesex South District Registry of Deeds with a copy of this
Order. And said Board having considered the question of damages
sustained by the owners of lands across and through which said
way hereby determines that no damages are sustained and no
damages are awarded. Powers Court, a distance of 300' feet,
from Paul Revere Road to the end.
Selectmen's Meeting
- 3 - February 5, 1979
The Board approved the following requests:
Upon motion duly made and seconded, it was voted to grant per- Battle
mission to the Lexington High School Bank to use the Battle Green on Green
Sunday, May 27, 1979, at 3:00 p.m. for a concert. Concert
Upon motion duly made and seconded, it was voted to sign the
One -Day Liquor license for St. Brigid's Couples Club for Friday,
February 16, 1979, from 7:00 p.m. to 12:00 M.
Upon motion duly made and seconded, it was voted to approve
the amounts set by the State Commissioner of Revenue for bonds for
the Treasurer -$170,000; Collector of Taxes -$160,000; Town Clerk -
$6,500.
Bonds
Upon motion duly made and seconded, it was voted to approve Abatement -
the recommendation of -Mr.. Empey, Acting Director of Public Works, Bos.Gas Co.
to abate the amount of $40.00 which had been previously paid by
the Boston Gas Company for street opening permits.
No questions were raised by members of the Board concerning
Town Counsel's Annual Report
Upon motion duly made and seconded, it was voted to sign
the proclamation declaring February 4 to February 10 as Rotary
Club Week.
No action was taken by the Board on the request from the
American Citizens for Honesty in Government to review and endorse
the Code of Ethics for Government Service.
Rotary Club
Proclamation
The Board agreed to schedule a meeting with representatives Town
of Arthur Andersen & Co., Boston, to discuss the Town Audit from Audit
July 1, 1978 to June 30, 1979.
The Board discussed the extension to October 13, 1979 of
the Vocell Bus Co. Common Carrier license for express bus service
to Boston. Mrs. Banks said that the participation has been heavy
at times and we hope to add another bus. Mr. Crain emphasized
that there is a need for constant maintenance. Mr. Michelson,
Center businessman, asked if the police could encourage the bus
patrons to use the parking areas at the Grace Chapel, etc.
rather than park all day in the Meriam Street lot. Mrs. Miley
commented that she had been saying since 1973 that there shiiuld,:
be meters in there. The whole area ought to be studied.
Upon motion duly made and seconded, it was voted to sign
the Common Carrier license to the Vocell Bus Company, Cambridge,
for services to be provided as part of express bus service between
Lexington and Boston between the hours of 6:00-9:00 a.m. and 4:00-
6:30 p.m. along routes mutually agreed upon with the Town Manager's
office; license to expire October 13, 1979.
Express Bus-
Vocell Bus
Company
Selectmen's Meeting - 4 - February 5, 1979
Executive Upon motion duly made and seconded, it was voted 5-0 - Chairman
Session Battin, Mr. Busa, Mrs. Miley, Mr. Kent and Mr. Crain - by roll call
vote to go into Executive Session, with the intention of resuming the
open meeting, for the purpose of discussing strategy with respect to
litigation and real estate.
After discussion, it was voted to go out of Executive Session.and
resume the open meeting.
Mrs. Miley 'publicly anuauineed=that. the Board:and theLSOhObl Sites
Conversion Committee -have met with two -developers to discuss' proposals
for the Parker School. The Board of Selectmen voted to accept the
proposal submitted by Urban Design, Newton Center, for the develop-
ment of the Parker School, with modifications to the existing building,
and the 311 acres of land adjoining, for 28 to 30 condominium units,
7 of which are to be given to the Lexington Housing Authority, at
an estimated cost of under $60,000 for the units; the purchase price
of the building and the land to be negotiated. The developer plans
to use a substantial part of the property as open space. Mr. Peter
Conant of Urban Design has attended neighborhood meetings and will
be working with them on this proposal. Plans will be filed with the
Planning Board on February 12, 1979.
Parker
School
Upon motion duly made and seconded, it was voted to adjourn at
10:35 p.m.
A true record, Attest:
A1;0). A.614§t-
xecutive Clerk, Selectmen
4Lf9
SELECTMEN'S MEETING
FEBRUARY 12, 1979
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, February 12, 1979,
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, Executive Clerk, were
present.
Chairman Battin opened the hearing upon the petition of the Boston Conduit
Edison Company to install underground conduit in Summer Street. Notices Bos.Edsn.
of the hearing were sent to abutters and also filed with the Public Summer St.
Works Department.
Mr. Stephen Kane, representative of the Boston Edison Company, in-
formed the Board that this installation was requested by the Metropolitan
District Commission to provide electric service to a water meter.
A report from Mr. Empey, Acting Director of Public Works/Engineering,
recommended that the petition be approved.
No one appearing in favor or in opposition, Chairman Battin declared
the hearing closed.
Upon motion duly made and seconded, it was voted to grant permission
to the Boston Edison Company for the following location of conduit:
Summer Street, westerly approximately 88 feet northwest of the
Lexington -Arlington town line, a distance of about 4 feet -
conduit.
Chief Corr introduced four new Police Cadets: Paul Jenkins, Police
George W. McCravy of Bedford, John Gregory Smith, and John Richard Cadets
Sullivan. The Board welcomed the cadets and wished them success
as new members of the Police Department.
Mr. James Reilly, Chairman of the Solid Waste Advisory Committee, Articles
met with the Board. Landfill -
Chairman Battin said that we have four problems that we will have Recyclables
to act on eventually„-' collection,'transfer, hauling, and final
disposal.
Mr. Hutchinson said that it is our intent to continue to pursue
the Northeast project, and they are in a position at this time of
waiting for towns to commit their tonnage or allowing the governing
bodies to do that. We have received correspondence from Commissioner
Kendall strongly urging communities to move forward on resolution of
their solid waste problems. We are in the process of completing
specifications regarding mandatory recycling/trash collection and,
before we go out for bid, we will list all the options in the speci-
fications to get a broad range of comments. The Article permits the
capability to commit the town's tonnage to an appropriate resource
recovery facility; Northeast is the only one that ties in with our
timetables. As for a transfer station, a lot of towns are in our'pOsi-
tion and, once you know the tonnage of the town, then it can be decided
Abatements
Street -
Sewer -
Water
•Selectmen's Meeting
- 2 -. February 12, 1979
where transfer stations are going to be built. We have $40,000 ap-
propriated for the design, plans and specifications towards a trans-
fer station and it still remains possible that that money would have
to be utilized once a decision is made or, if possible, it could be
returned to E & D if there is going to be a transfer stationbuilt
somewhere else.
Chairman Battin said that the Article would not be a commitment to
Northeast but would be an enabling act. By the time Hartwell Avenue
closes, if that is not open, we could go into the Newton/Wellesley
transfer station for a year or so.
Mr. Reilly said that, in the coming year, we hope to produce
alternatives in case we have six months to a year hiatus between the
closing of the dump and the Northeast project. In terms of curbside
recycling, we have had 20% participation in 1978 and we need 75%. We
recommend an educational program and, if higher participation, we are
at least beginning even with the recovery costs; if 75%, it would be
cheaper. He sees growth and response to the educational program.
Mr. Crain talked about the Governor's capping proposal and the
effect on the town, and he did not think we could afford it.
Mr. Busa agreed. He questioned an analysis by the Solid Waste
Committee that the figures would be increased when those presented
show less than 23% participation.
Mr. Kent commented that the existing program has turned out to
be an expensive business. He asked Mr. Hutchinson if consideration
is being given to the possibility of not permitting the indiscriminate
mixing at the landfill of recyclables and non-recyclables; Mr. Hutchin-
son agreed to investigate it.
Mrs. Miley expressed her disappointment in the Selectmen's non -
participation in the recycling program as they had not pushed it to
be successful.
Chairman Battin said that she will be responsible for the landfill
Atticie;. Mrs. Miley the recyclable brOc1e, and reports will be pre-
sented to Town Meeting. She thanked Mr. Reilly for the work involved
in the Committee's excellent study, and Mr. Reilly retired from the
meeting.
The Board approved a request to sign abatements.
Upon motion duly made and seconded, it was voted to abate the
following betterment assessments on land acquired by the Conservation
Commission:
Street: Moreland Avenue, owned by Daisy Wilson, $373.80.
Sewer: Mealow:Brook Avenue -Y owned by Frank J. & Charlotte
Sanderson, Lot 298-$321.48; Lot 299-$687.97.
Blossomcrest
Lot 291-$169
Blossomcrest
$213.60; Lot
$184.68; Pt.
Road, Lot 289-$436.14; Lot 290-$356.03;
.10; Lot 292-$338.20; Lot 293-$338.20.
Road, owned by Richard Johnson, Lot 283-
284-$213.60; Lot 285-$104.40; Pt. Lot 286 -
Lot 287-$140.88; Pt. Lot 288-$176.16.
Selectmen's Meeting
3 - February 12, 1979
Water: Blossomcrest Road, owned by Frank J. & Charlotte Sanderson,
Lot 289-$169.50; Lot 290-$90.00; Lot 292-$66.00; Lot 293-
$66.00.
Blossomcrest Road, owned by Richard Johnson, Lot 288-$30.18.
Mr. Kent recommended approval of a resolution, prepared by the Mass.
Municipal Association, for local control over County budget expenditures.
Upon motion duly made and seconded, it was voted to sign the resolu-
tion that municipal officials urge the members of the General Court to
enact legislation in this session to grant control over County budgets
to County Advisory Boards made up of local officials. A copy of the
signed resolution is to be sent to the Governor and the Mass. Municipal
Association.
4466
County
Budget
Resolution
Chairman battin urged Board members to attend the joint legislative
conference of the Mass. Municipal Association to be -held in Boston on
Saturday, March 10. Seh recommended that Representative Cole and Senator
Rotondi be invited as guests of Lexington. The registration fee is $22.
for Selectmen and $15. for guests.
Upon motion duly made and seconded, it was voted to invite Representa-
tive Cole and Senator Rotondi to attend the joint legislative conference
of the Mass. Municipal Association on March 10, 1979.
Mrs. Battin is to contact Arlington and Winchester relative to sharing
the registration fee for Senator Rotondi.
The Board accepted Mr. Hutchinson's recommendation not to consider
changing the Precinct 3 polling place from the Bridge School until after
the Town Election on March.
Mr. Hutchinson discussed the original and alternative designs of the
sewer on-Waltham,Street> between_Grapevine.and Wachusett Drive and itmas
agreed that representatives of theEngineering Department. meet with .the
Board to present additional information on the cost differences.
Mr. Temple Scanlon, Director of the Lexington Housing Authority, met
with the Board to request formal support of LHA's application to HUD for
assistance for sixty units under the Public Housing Program.
Upon motion duly made and seconded, it was voted to sign the follow-
ing resolution:
1. That there exists in the Town of Lexington a need for such
low -rent housing which is not being met by private enterprise;
2. That the application of the Lexington Housing Authority to the
Government for a preliminary loan in an amount not to exceed
$12,000 for surveys and planning in connection with low -rent
housing projects not to exceed approximately 60 dwelling units
is hereby approved.
Mass. Munic.
Assoc. Confer.
Precinct 3
Polling
Place
Waltham St.
Sewer Design
Hous. Auth.
Application
to HUD
57
Selectmen's Meeting - 4 - February 12, 1979
Human The Board discussed the Human Services Report submitted by the Boston
Serv- College Interns.
ices Chairman Battin said that there are four issues to be acted upon by
the Town Meeting that are addressed in this report - transportation,
services to the elderly, housing, and the funding of existing human serv-
ices. We have to provide a broad overview, ensure an ongoing needs
assessment, and provide for coordination and evaluation of services as
well as planning and policy development
Mrs. Banks suggested one committee to look at broader issues and
determine one answer. Now, we have the Senior Center Site Committee
looking at the issue of developing a senior center, an Ad Hoc Committee
looking at the Forum on Aging recommendations; the Council on Aging,
and the Youth Commission.
Regarding the methodology used by the B.C. Interns, Mrs.Swanson
stated that the School Committee's problem was that we disagree on how
the report was handled; we had no input at all.
Dr. Cosgrove, Chairman of the Board of Health, felt that the Mystic
Valley Mental Health Center and Re -Place show an overlapping of services.
Mrs. Friedman of the Human Services Advisory Committee urged the
Selectmen to act to appoint a formal group with a clear charge (1) looking
at town policies for the consideration of the Board of Selectmen, Town
Meeting and the public in general; (2) writing an annual report - the
committee to review the previous year and budgets of last year; (3) make
recommendations on the human services article. As it begins, it should
focus on beginning a process of evaluating services.
Mr. Rosenberg said that the committee should be a broad committee
to the Board of Selectmen; the Transportation Advisory Committee would
like to have some central place to get information.
After much discussion, including the lack of agreement on a defi-
nition of human services, it was agreed that Chairman Batti8 an4 Mr. Crain
are to work on the development of a Human Services Advisory ThmatDeTto be
well mapped out); define the human services problems as the Selectmen see
it; look at the town's role, which may be carried out by the committee,
and what the town's goals should be.
Powder Mr. W. Francis Smith, potential developer of the Powder Horn Golf Course
Horn located on Walnut Street, met with the Board to request consideration of
Condo- an extension of the sewer line from Concord Avenue to service the develop-
miniums/ ment. A citizens' article is to be presented to Town Meeting for a zoning
Sewer change to permit condominiums. Mr. Hutchinson advised the Board that the
Concord Avenue sewer project is now scheduled for FY 81 and, in his opinion
it should be considered for that year.
After discussion, it was agreed that Mr. Hutchinson is to ask
the Planning Board whether any other proposal .coming into this year's
Town Meeting requires a sewer. It was decided not to hold any hearings
prior to Town Meeting as this could be misconstrued.
It was the sense of the Board that there would be further considera-
tion of Mr. Smith's sewer request if the Powder Horn proposal passed Town
Meeting.
Selectmen's Meeting - 5 - February 12, 1979
The Board discussed the proposed tax limitations and the effect on
the town, and the loss of home rule. Mr. Hutchinson commented that it
is inconsistent if the state budget is going to increase while everyone
else is frozen. Chairman Battin recommended further discussion with
our legislators.
Upon motion duly made and seconded, it was voted 5-0 by roll call Executive
vote - Mrs. Battin, Mr. Buss, 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 liti-
gation 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
10:45 P.M.
A true record, Attest:
Executive
>12e444.0,.
Clerk, Selectmen
459
Minutes of Breakfast Meeting
Board of Selectmen
February 16, 1979
The meeting was called toorder by Chairman Battin at 7:35 a.m. Those
present included Mrs. Battin, Mr. Busa, Mrs. Miley, Mr. Kent, Mr. Crain,
Mr. Hutchinson, Mrs..Banks and guests: Mr:..Otis Brown, Chairman of
School Committee, Mr. Albert Zabin, Chairman of Planning Board, Mrs. Mary
Shunney, Chairman Housing Authority, Mrs. Ruth Morey, Vice Chairman Board
of Appeals, Mr. David Williams, Chairman of Conservation Commission,
Mrs. Judith Uhrig, Recreation. Committee, Dr. William Cosgrove, Chairman of
Board of Health, Mr. William Sen, Chairman of Council on Aging, Mrs. Marcia
Feakes, Chairman of Youth Commission.
Mrs. Battin opened the meeting and asked for comments on the minutes. It
was moved to accept the minutes as seconded.
Voted.
Mrs. Battin briefly outlined the meeting of the Local Government Advisory
Committee with the Governor on Thursday, February 15th. One of the major
concerns of the LGAC is the use of other revenue sources to offset increased
cost. This was discussed at length Thursday. LGAC members also discussed
how to handle the scheduling of Town Meetings while this legislation is
pending. Presently no meetings are being rescheduled but some Town officials
are planning not to dissolve the meeting pending passage of this bill.
Mr. Brown informed the Selectmen that the School Committee is making
contingency plans pending passage. The Board also noted that each Department
Head as part of this year's budget submission include a budget with a 10%
reduction. Mr. Hutchinson noted that while it is premature to discuss this,
these proposals will be used to determine possible cuts if necessary.
Mrs. Battin noted that the bill also includes $1 million for management
assistance. She noted that it is most important to insist on a provision
to allow Town Meetings to override the cap and not a State Appeals Board.
Committee Chairmen discussed some of the alternates being looked at, parti-
cularly those which may be more logical for Lexington. It was agreed that
these should in some manner be brought to the Governor. Because of
the amount of information being funneled to him, it wassuggested that the
Board of Selectmen focus on 3 or 4 critical issues. Mr. Crain commented
that it is imperative as we approach this issue that all committees and
boards work together and not become devisive.
Mr. Williams asked about this year's budget and the chance of tax stabilization
in future years.. Mr. Hutchinson responded that this year's budget is in
good shape because of E & D, which has been helped particularly by monies
returned from the Schools, Town Department, and Conservation purchases.
We anticipate that E & D will be in good shape for several more years and will
in fact continue to serve as a tax stabilization fund.
460
Minutes of Breakfast Meeting (Continued -2)
Board of Selectmen
February 16, 1979
All committee• chairmen were asked by Mrs. Battin to submit their concerns
about the legislation to Bob by Tuesday so these can be put together for
the Governor.
Mrs. Battin then moved the discussion to the Warrant. Mr. Morey raised
a question to Mr. Zabin about the term SPGA in the ,planning Board's
proposed amendments to the Zoning By -Law. Mrs, Morey felt SPGA should be
clarified so it is understood that this..refers to the Board of Appeals.
Mr. Busa raised questions about the Planning Board's proposed revision to
the parking requirements. He noted that the requirement does not affect
the central business district and is not based on realistice economic
considerations. Mr. Zabin responded that these were based on acceptable
planning practices. The question was raised as to whether these require-
ments could be reduced if public transit were increased.
The discussion turned to the Housing Authority's Scattered Site program
and the pending decision by the Board to transfer the tax title lots.
Mrs. Uhrig briefly discussed Article 39 to establish a revolving fund for
the Recreation Department. Because their budget request in Article 4 may
change, she questioned how the order of the articles should be handled.
It was suggested that the Recreation Committee discuss this with the
Moderator.
Dr. Cosgrove noted that the Appropriation Committee cut the Board of Health
$500 and did not touch the Mystic Valley Mental Health Center, even after
the Center had agreed to a 10% cut. Mr. Hutchinson responded saying that
he had not been formally told about this cut. His own office had looked
at the services provided and number of people served. The numbers did not
seem to indicate that a cut was warranted this year. The Manager, however,
did say he would look into the 10% cut.
A question was raised on the Housing Policy article. The work on this is
still not final, pending submission of a minority report. The Selectmen
and other concerned Boards will discuss it at their respective Board meetings
and then meet with the Planning Board to resolve differences prior to
drafting' the final motion.
The meeting was adjourned at 9:00 a.m. It was agreed to schedule another
meeting in a couple of months.
Respectfully submitted,
044.6,
Nancy E Banks
Assistant to the Town Manager
SELECTMEN'S MEETING
FEBRUARY 20, 1979
A regular meeting of the Board
Hall on Tuesday, February 20, 1979,
Mrs. Miley, Mr. Kent and Mr. Crain;
Town Counsel; Mrs. Banks, Assistant
Executive Clerk, were present.
of Selectmen was held in Cary Memorial
at 7:30 p.m. Chairman Battin, Mr. Buss,
Mr. Hutchinson, Town Manager; Mr. Cohen,
to the Town Manager; Mrs. McCurdy,
Mr. John Butler, Chairman, and Mr. Frank Hazel, Personnel Advisory
Board, met with the Selectmen. Chairman Battin read the existing charge
to the Personnel Advisory Board, dated January 21, 1974.. Mr. Butler's
comments were related toa policy statement. of the Personnel Advisory
Board, filed with the Town Clerk on October 10, 1974. The current mem-
bers of the Board of Selectmen were not aware of this 1974 document and
copies were available for reference.
Mr. Butler said that, on all matters, the PAB reports to and ad-
vises the Board of Selectmen. If requested by the Appropriation Com-
mittee, PAB would be available to them; we are not a decision-making
group and being available is part of our function. Regarding the role
of PAB, we, the Selectmen and the Appropriation Committee have been
consistent but there has not always been agreement as to the responsi-
bility of PAB. In the October, 1974 document, accountability is not a
question; we are appointed by the Board of Selectmen and advise the
Board of Selectmen and we interact with. the Town Manager. The people
(users) who interact with the Personnel Advisory Board have the fol
'lowing concerns: the Board of Selectmen in the personnel area having
to do with long-range planning and, as kind of a feedback source, we
are available for advice and counsel. From 'the Town Manager's per-
spective, he feels that we would, focus more on technical assistance in
specific areas that might come along, i.e., wage and salary administra-
tion - specific focuses that are highly technical. The taxpayers'
and Town Meeting's interestis.they want to be sure they are getting
good value for dollars expended for the large personal services com-
ponent of budgets. At Town Meeting, PAB has been asked to indicate
some position on something the Selectmen are 'proposing. We think that
the employees are interested in having positive working conditions in
the town and interested in having an apolitical system for deal
with personnel affairs where fairness is paramount vs. a system that
might be oriented toward other ways that other towns have handled
personnel matters. We .think that other Boards, Appropriation Committee,
are concerned about operational control as a way in which we might be
useful. If there is, in the statements just made, a reasonable posi-
tion taken by various users, there is quite a divergence in what other
people want from the Personnel Advisory Board, and we feel that clarity
is important in order for the. Personnel Advisory Board to be most
effective.
Rather than an annual PAB report, Mr. Butler suggested a 5 -year
assessment. He said that a lot has happened in five years, and three
major accomplishments of the Personnel Advisory Board were (1) Meeting
the requirements that were on the list indicated in the spring of
1974,.aFid seeing that the Arthur D. Little study had not begun, to
move forward on the salaries and the plan itself; (2) The process by
Personnel
Advisory
Board
Selectmen's Meeting
- 2 February 204 1979
which the Town_Managerwas seledted and-the:contributions. made to bringing
this about; (3) The development of an affirmative action program, which
we have developed asa, personnel policy. We think it important for
direction to be established for what, the Selectmen and the Town Manager
want in the next five years, and the charge.
Mr. Hazel said that what Mr. Butler stated as his personal views
pretty much represents the consensus of the Personnel Advisory Board;
many of those items have been discussed as individuals and as members
of our Board.
Chairman Battin summarized the possible roles of the Personnel
Advisory Board as seen by other segments of the town: they would be
involved in long-range planning - personnel planning; technical assist-
ance to the Manager as needed on different personnel problems; the
taxpayers' and the Town Meeting's concern for getting good services
for the personnel monies spent; the employees want positive working
conditions; the Appropriation Committee wants operational control.
A brief discussion followed concerning the relationship of the
Board, the Manager, and the Personnel Advisory Board, and it was agreed
that the Selectmen would explore the history of the Personnel Advisory
Board before determining,.the direction it is to take. Also, the Per
sonnel Advisory Board was requested to submit a memorandum stating the
position it wished to follow, and a joint meeting will be arranged in
the future.
ChairmanBattinthanked Mr. Butler and he and Mr. Hazel retired
from the meeting.
FY 80 Mr. Peter Chalpin and Mr. Frank Leahy, Engineers; representatives
Sewer of the Board -of Health, Planning Board, Conservation Commission, and
Program the Sewer Advisory Committee were present at the meeting.
Chairman Battin announced that a.decision would be made this even-
ing by the Board of Selectmen on the FY 80 sewer program. She said
that a commitment had been made to Town Meeting last year for a com-
plete sewer package at a total cost of $2.5 million to be done in six
installments. Parcel #1 will be done this year; parcels #2 and #3
will be agreed upon tonight; next year, we will be asking for par-
cels #4 and #5, and the third year we would be asking for parcel #6.
They are in the order we previously proposed to Town Meeting, and we did
say that conditions could escalate and we might propose to, do it in three
rather than five years, depending on considerations of the health factor
and the construction and financial market. We did say that the town can
comfortably assume $800,000 to $1 million new debt a year, and the
proposal we are looking at is approximately $1,005,000, to be perma-
nently bonded over a 2 -year period.
At the Selectmen's meeting on January 17, 1979, Warren Street,
Chandler Street, Follen Road, and the Stratham Road connection to
Woodberry Road were deleted; questions were raised on several other
streets. The Selectmen agreed on January 17 to include Wellington
Lane Avenue/Meadow Brook Avenue, Rockville Avenue, Bird Hill Road,
Davis Road, Maple Street, Allen Street, Pitcairn Place, Middleby
Road,,,and Edgewood Road.
1
SELECTMEN'S MEETING,
FEBRUARY 20, 1979
y-4/
A regular meeting of the Board of Selectmen was held in Cary Memorial
Hall on Tuesday, February 20, 1979, 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. 1 D
Mr. John Butler, Chairman, an r. ranj[ z Personnel Advisory
Board, met with the Selectmen. Chairman Battik re the existing charge
to the Personnel Advisory Board, dated January 21, 1974. Mr. Butler's
comments were related to a policy statement of the Personnel Advisory
Board, filed with the Town Clerk on October 10, 1974. The current mem-
bers of the Board of Selectmen were not aware of this 1974 document and
copies were unavilable for reference.
Mr. Butler said that, on all matters, the PAB reports to and ad-
vises the Board of Selectmen. If requested by the Appropriation Com-
mittee, PAB would be available to them; we are not a decision-making
group and being available is part of our function. Regarding the role
of PAB, we, the Selectmen and the Appropriation Committee have been
consistent but there has not always been agreement as to the responsi-
bility of PAB. In the October 1974 document, accountability is not a
question; we are appointed by the Board of Selectmen and advise the
Board of Selectmen and we interact with the Town Manager. The people
(users) who interact with the Personnel Advisory Board have the fol-
lowing concerns: the Board of Selectmen in the personnel area having
to do with long-range planning and, as kind of a feedback source, we
are available for advice and counsel. From the Town Manager's per-
spective, be feels that Wm would focus more on technical assistance in
specific areas that might come along, i.e., wage and salary adminis-
tration - specific focuses that are highly technical. The taxpayers'
and Town Meeting's interest is they want to be sure they are getting
good value for dollars expended for the large personal services com-
ponent of budgets. At Town Meeting, PAB has been asked to indicate
some position on something the Selectmen are proposing. We think that
the employees are interested in having positive working conditions in
the town and interested in having an apolitical system for dealing
with personnel affairs where fairness is paramount vs. a system that
might be oriented toward other ways that other towns have handled
personnel matters. We think that other Boards, Appropriation Committee,
are concerned about operational control as a way in which we might be
useful. If there is, in the statements just made, a reasonable posi-
tion taken by various users, there is quite a divergence in what other
people want from the Personnel Advisory Board, and we feel that clarity
is important in order for the Personnel Advisory Board to be most
effective.
Rather than an annual PAB report, Mr. Butler suggested a 5 -year
assessment. He said that a lot has happened in five years and three
Personnel
Advisory
Board
Selectmen's Meeting - 2 - February 20, 1979
major accomplishments of the Personnel Advisory Board were (1) Meeting
the requirements that were on the list indicated in the spring of
1974 and, seeing that the Arthur D. Little study had not begun, to
move forward on the salaries and the plan itself; (2) The process by
which the Town Manager was selected and the contributions made to
bringing this about; (3) The development of an affirmative action
program, which we have developed as a personnel policy. We think it
important for direction to be established for what the Selectmen and
the Town Manager want in the t e years, and the charge.
Mr. Hazel sai a at r. ler stated as his personal views
pretty much repres t con ensus of the Personnel Advisory Board;
many of those items 2i ave been discussed as individuals and as members
of our Board.
Chairman Battin summarized the possible roles of the Personnel
Advisory Board;, as seen by other segments of the town: they would be
involved in long-range planning - personnel planning; technical assist-
ance to the Manager as needed on different personnel problems; the
taxpayers' and the Town Meeting's concern for getting good services
for the personnel monies spent; the employees want positive working
conditions; the Appropriation Committee wants operational control.
A brief discussion followed concerning the relationship of the
Board, the Manager, and the Personnel Advisory Board, and it was
agreed that the Selectmen would explore the history of the Personnel
Advisory Board before determining the direction it is to take. Also,
the Personnel ADvisory Board was requested to submit a memorandum
stating the position it wished to follow, and a joint meeting will
be arranged in the future.
Chairman Battin thanked Mr. Butler and he and Mr. Hazel retired
from the meeting.
F.Y. 80 Mr. Peter Chalpin and Mr. Frank Leahy, Engineers, and representa-
Sewer tives of the Board of Health, Planning Board, Conservation Commission,
Program and the Sewer ADvisory Committee were present at the meeting.
Chairman Battin announced that a decision would be made this
evening by the Board of Selectmen on the FY 80 sewer program.
She said that a commitment had been made to Town Meeting last year
for a complete sewer -package at a total cost of $2.5 million to be
done in six installments. Parcel #1 will, be done this year; parcels
#2 and #3 will be agreed upon tonight; next year, we will be asking
for parcels #4 and 465, and the third year we would be asking for
parcel #6. They are in the order we previously proposed to Town
Meeting, and we did say that conditions could escalate and we night
propose to do it in three rather than five years, depending on con-
sideratio.ns of the health factor and the construction and financial
market. We did say that the town can comfortably assume $800,000
to $1 million new debt a year, and the proposal we are looking at
is approximately $1,005,000, to be permanently bonded over a 2 -year
period.
At the Selectmen's meeting on January 17, 1979, Warren Street,
Chandler Street, Pollen Road, and the Stratham Road connection to
Woodberry Road were deleted; questions were raised on several other
streets. The Selectmen agreed on January 17 to include Wellington
Lane Avenue/Meadow Brook Avenue, Rockville Avenue, Bird Hill Road,
Davis Road, Maple Street, Allen Street, Pitcairn Place, Middleby
Road, and Edgewood Road.
Selectmen's Meeting - 3 - February 20, 1979
Chairman Battin read each remaining street on the FY 80 list of Sewers
sewers. During discussion, Mr. Busa reiterated his objections to (cont'd)
Lowell Street because of hardship to the majority of residents who
are retired and statements made at the hearing that there were no
problems with existing systems.
Mrs. Miley abstained from discussion and taking a position on
Robinson Road.
Mr. Busa was not in favor of moving up Robinson Road from the
FY 81 list. He stated that there were other streets - a section
of North Street, Amherst Street and Concord Avenue - with problems
which had not been given consideration.
The Board agreed to include the following streets, in addition
to those agreed upon at the January 17 meeting:
Stratham Road, Meriam Street, Abbott Road, King Street,
Fair Oaks Terrace, Wachusett Drive, Lowell Street,
North Street, Carville Avenue (through an easement
to Trotting Horse Drive), Robinson Road, Round Hill
Road.(lower end).
TA as clslo end ofd orr Hint akl wda treet, byn tis Boatrd.
ec3§ton was a erred on Oa an rat free and
Glen Road South pending a meeting on March 5 with the Planning Board
for clarification of recommendations in its report. Mr. Zabin,
Chairman of the Planning Board, was requested to submit documentary
material to the Selectmen prior to the March 5 meeting.
The Lexington Housing Authority, Mr. Chalpin and Mr. Leahy,
Engineers, and representatives of the Planning Board, Conservation
Commission, and Mr.: DiMatteo, Building Commissioner, were present
at the meeting.
Chairman Battin announced that the purpose of the meeting is
for a decision to be made by the Board of Selectmen on the convey-
ance of tax title lots to the Housing Authority for the scattered
sites program. Public hearings have been held for citizen input
and reports have been received from Public Works, Planning Board,
Conservation Commission, and the Building Commissioner.
Mrs. Shunney, Chairman of the Housing Authority, gave a brief
history of background information (covered in 1/31/79 minutes).
We were awarded a grant from HUD for twenty-five single family homes
and no charges will be levied against the town for support of this
program. In our developers' instructions, heavy emphasis was placed
on the design of the unit and compatibility with the neighborhood.
We have not been able to obtain.a minimum number from HUD but we are
anxious to go forward with the project and are looking to the Select-
men to convey the lots they find appropriate to do so. After looking
at the Planning Board report, there are some problems of great cost
to the developer.
The Housing Authority voted tonight to turn back to the Board of
Selectmen whatever lots we are unable to use and cannot go forward on;
we will return those lots.
Scattered
Sites
Selectmen's Meeting
- 4 - February 20, 1979
Planning Mr. Zabin, Chairman of the Planning Board, said that the Planning
Board Board has visited almost all the sites and has held the public hear -
Report - ing. Under Article VI, s. 11, of the Town By -Law, the Planning Board
Scattered report is based on the following criteria: (1) All lots to be con -
Sites veyed will have a frontage of not less than 45 feet. (2) All lots
to be conveyed shall meet the requirements of the Lexington Zoning -
By -Law for buildability under Section 26.5 of the By -Law. (3) The
sale of such lots shall be consistent with local policies concerned
with housing and land use and the lots shall be suitable for develop-
ment with regard- to the surrounding area.
All lots with. the. exception of Site 18, Earl Street have 45 feet
of frontage; therefore, Site 18 will have to be conveyed with the
condition that Earl Street (at that point is a paper street) be
constructed with actual frontage of not less than 45 feet. Our
conclusions are that all the lots meet the zoning requirements of
Section 26.5.
All the lots are consistent with the local policies concerned with
housing and land. Of the 17 sites requiring variances, 14 are minor and
can be obviated by moving the homes a few feet or relocating utility
rooms. All sites, with the exception of 5, 14, 15, 17 and 19 are
suitable in the sense of the Town By -Law for the development of low
and moderate income housing under the scattered sites program and
should be conveyed to the Housing Authority. Sites 1, 8 and 13 have
existing grading problems and the Town should review site plans.
Sites 3, 13 and 26 will require Conservation approval and all sites
should be reviewed by Conservation for applicability of the Wetlands
Protection Act. In future planning, other areas of the Town should
receive a proportionate number of subsidized units.
The 1972 Town Meeting approval of the Scattered Sites Program con-
stituted a reversal of prior Planning Board policy that tax title lots
which did not meet current zoning standards were not to be developed.
Therefore, the opinions previously rendered by the Planning Board in
support of that policy no longer had validity. It is consistent with
the mandate of Town Meeting to recommend conveyance of these lots.
Several are not tax title and cannot be conveyed under this program
but it is hoped that the Selectmen will consider the possibility of •
acquiring these lots under another scattered sites' program, rezoning.
to include some low/moderate income housing, and to keep that option
open.. The issue was raised as to whether or not the style of archi-
tecture was comptaible with neighborhoods and our conclusion was that
the stule of the building proposed is compatible - no better or worse
than houses built over the years in Lexington.
Conservation Mr. David Williams, Chairman of the Conservation Commission, re -
Report ported that Conservation had looked at each lot from the point of how
the lot related to the Wetlands Act; we have questions on five lots,
four of which will have to have a Hatch Act Hearing, and we have
serious reservations on one lot. We concur with the Planning Board
report.
Building Reports had been received from Mr. Empey, Acting Director of Public
Com. - Works, and Mr. DiMatteo, Building Commissioner, who responded to all
D.P.W. pertinent questions raised on particular sites.
1
1
Selectmen's Meeting
- 5 - February 20, 1979
The Board approved Mr. Hutchinson's recommendation that the follow-
ing sites are not tax title lots and, therefore, should not be conveyed:
Site #5, Assessors' Map 32, Lot 50, Grapevine Avenue.
Site ##17, Assessors' Map 32, Lot 60, Marrett Road
Site #15, Assessors' Map 15, Lot 32, Moreland Ave.. Taken for street purposes.
It was agreed to hold the following site in abeyance until the title
is clarified:
Taken for sewer purposes.
Site #14, Assessors' Map 90, Lot 82 Skyview Road.
Discussion was held on Site #3 on Valleyfield Street, Site #7 on
Balfour Street, and Site #19 on Grassland Street. The reports indicated
that there were problems with these lots, which are wet with poor drain-
age, and the Board voted as follows:
Upon motion duly made and seconded, it was voted 3 - 2 (Battin/Miley
in the minority) against conveyance to the Housing Authority of the fol-
lowing sites:
Site 1/3, Assessors Map 24, Lot 24, Valleyfield Street.
Site #7, Assessors Map 58, Lot 204 Balfour Street.
Upon motion duly made and seconded, it was voted unanimously against
conveyance to the Housing Authority of the following site:
Site 419, Assessors' Map 24, Lot 21 Grassland Street.
The complete list having been discussed, the Board agreed on the lots
to be conveyed.
Upon motion duly made and seconded, it was unanimously voted to convey
the following sites to the Housing Authority for the scattered sites program:
Site #1, Assessors' Map 13, Lot 145, Torben Avenue.
Site 410, Assessors' Map 72, Lot 31, Earl Street (house to be relocated).
Site#11, Assessors' Map 72, Lots 36 and 37 Garfield Street (unaccepted private way).
Site ##12, Assessors' Map 72, Lots 422, 423, 424 Avon Street (Town to construct
and funds reimbursed by HUD).
Site #13, Assessors' Map 90, Lot 80 Rangeway Road, subject to Planning Board/
Conservation requirements.
Sites #16-B and 164C, Assessors' Map 79, Lot 45, Avon Street, subject to
Planning Board requirements
1166
Selectmen's Meeting - 6 - February 20, 1979
Site #18, Assessors' Map 72, Lot 33, Earl Street at Ward Street, subject
to provisions for construction of an adequate road being met.
(paper street). Planning Board requirements.
Site#20, Assessors' Map 15, Lot 40, Rockville Avenue at Davis Street.
Site #21, Assessors' Map 59, Lots 48A and 49A Wood Street at Alpine Street.
Site #22, Assessors' Map 59, Lots 27, 28, 32 Alpine Street.
Site #23, Assessors' Map 72, Lots 184 and 185 Reed Street, subject to
Planning Board requirements. (move house),
Site #26, Assessors' Map 25, Lot 161 Spring Street, subject to Conserva-
tion/Planning Board requirements.
and the three lots LHA Site Numbers 4 - 24 - 25 known as a parcel of land
located on the northerly side of North Street, Lexington, Middlesex County,
Massachusetts being shown as lots 1, 2, 3 on Proposed Subdivision Plan of
Land in Lexington, Massachusetts dated March 1, 1978, Joseph W. Moore Co.,
Surveyors - Civil Engineers.
Mrs. Shunney thanked the Board for conveying the tax title lots and
stated that the Housing Authority intends to do a job that everyone will
be proud of.
The Housing Authority and others involved retired from the meeting.
Traffic Chairman Battin read a report from the Traffic Safety Committee
Safety - stating that the petition submitted by Karen Williams and Sharon Dike
requesting a traffic and pedestrian signal installation at the installa-
Bedford/ tion at the intersection of Bedford and Hill Streets has been discussed
Hill Sts. by the committee and referred to the Engineering Division for study
relative to conformance with the applicable traffic signal warrants.
The Board will await a report from Engineering.
Traffic Chairman Battin read a report from the Traffic Safety Committee
Safety relative to a request from William M. Redpath, 29 Barberry Road, for
Barberry/ the installation of traffic signs on Concord Avenue.
Concord Upon motion duly made and seconded, it was voted to accept the
Avenue recommendation of the Traffic Safety Committee for (1) a single
Stop yellow center line to be painted on Barberry Road approximately
Sign 50 to 75 feet long, beginning at Concord Avenue; (2) the installa-
tion of a Stop sign on Barberry Road at Concord Avenue.
Upon motion duly made and seconded, it was voted to amend the
Traffic Rules and Orders of the Town of Lexington to include the
following Stop Street, subject to the approval of the Mass. Department
of Safety:
Minutes
Street Location Regulation
Barberry Road Northbound at Concord Avenue Stop
Upon motion duly made and seconded, it was voted to approve the
minutes of the Selectmen's meetings held on January 8, 1979, January 31,
1979, and February 5, 1979 (Executive).
Selectmen's Meeting
- 7 - February 20, 1979
'L 7
Chairman Battin read a request from Mr. Winston Flynn, 32 Water- Youth
town Street, to award a medal on each Patriots' Day to the most out- Recognition -
standing youth of Lexington. Patriots'
Upon moiton duly made and seconded, it was voted to grant per- Day
mission to the Lexington Youth Recognition Committee, a subcommittee
of the Lexington Youth Commission, to strike the Paul Revere side of
the Lexington, Bicentennial medal with silver, imprint the appropriate
inscription, and award the medal to the most outstanding youth of
Lexington at a ceremony to be conducted on each Patriots' Day.
Chairman Battin read a request from Mr. Cohen, Town Counsel, to Conserve.
sign a deed transferring land to the Conservation Commission. Land
Upon motion duly made and seconded, it was voted to sign the
deed transferring the following parcels to the Conservation Com-
mission to be held under its care, custody, management and control
for conservation purposes including outdoor recreation as provided
by section 8C of Chapter 40 of the General Laws:
Parcel One, unregistered land shown on Assessors' Map No. 23,
Lot 27; Parcel Two, unregistered land shown on Assessors' Map No.
23, Lot 28; Parcel Three, unregistered land shown on Assessors' Map
No. 31, Lot 54B; Parcel Four, unregistered land shown on Assessors'
Map No. 31, Lot 80; Parcel Five, unregistered land shown on Assessors'
Map No. 31, Lot 81; Parcel Six, registered land shown on Assessors'
Map No. 15, Lot 68.
Mrs. Miley discussed the bill filed by Senator Rotondi for a Bedford St.
traffic light at Bedford and Eldred Streets. In 1974, a proposal Eldred St.
to widen Bedford Street to a 6 -lane highway with a traffic light Light
was rejected. In 1977, through the efforts of Senator Carol Amick
after we had contacted her, it was proposed to widen the jughandle
at Harwell Avenue; Plans were brought to the Selectmen and this
proposal was rejected by the town::`: Early this year, Senator
Rotondi recommended that we go to the State DPW and try again.
Senator Rotondi was asked by a Precinct 7 Town Meeting member to
file a bill on a light at Bedford and Eldred Streets, and in our
last request to the State DPW, we asked them to include a light
in their study in order to come up with a possible solution. The
Committee on Transportation was concerned that there has not been
a formal letter sent by this board supporting Senator Rotondi's
bill. Mrs. Miley hoped there could be come consensus of what
we would like to be done.
The Board agreed to request the Traffic Safety Committee to
study the area again and come back in two weeks with a report.
Mrs. Nancy Banks recommended approval of the locations for Cert. of
Certificates of Incorporation, as requested by the Secretary of Incorp.
the Commonwealth.
Upon motion duly made and seconded, it was voted to approve,
as a mail drop, the following iocations.ofAncorporations:
New England Coalition of Educational Leaders, Inc., 1620 Mass. Ave.
Professional Equipment for the Needy, Inc., 73 Laconia Street.
Bleachers
Selectmen's Meeting - 8 - February 20, 1979
Mr. Hutchinson recommended approval of a transfer request for
the High School bleachers.
Because of the $1,458 increase in the cost of lumber, and be-
cause of the 45 days it takes to get delivery of the lumber, the
Board voted unanimously to request the approval of the Appropriation
Committee for a transfer from the Reserve Fund to Account #6000 -Parks
to construct 1300 seats at the High School; the amount requested is
$10,000.
Capping A brief discussion was held on proposed legislation on capping
Levels and it was agreed to discuss the matter further, and the possibility
of a dialogue with the citizens at the meeting at the Diamond Junior
High School on February 26, 1979.
Executive Upon motion duly made and seconded, it was voted 5 - 0 by roll call
Session vote - Mrs. Battin, Mr. Busa, Mrs. Miley, Mr. Crain and Mr. Kent - to go
into Executive Session, with no intention of resuming the open meeting,
for the purpose of discussing strategy with respect to union negotiations
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 11:05 p.
A true record, Attest:
>7744:444pp,„
Executive Clerk, Selectmen
469
BOARD OF SELECTMEN MEETING
February 26, 1979
Chairman Battin called the meeting to order at 7:30 p.m. Members present
include Mr. Busa, Mrs. Miley, Mr. Kent, Mr. Crain, Mr. Hutchinson, Town Manager,
Mr. Cohen, Town Counsel and Mrs. Banks, Assistant to the Town Manager.
Mrs. Battin opened the meeting and asked Mr. Hutchinson to introduce the Data
Processing Advisory. Committee consisting of Mr. Robert Leone, Chairman, Mr. Lewis
Werlin, Mr. Robert Monaco, Mr. William Rabkin and Mr. Richard Perry. Mr. Leone
presented the Committee's report at the conclusion of Mr. Leone's presentation.
Mrs. Battin thanked the Committee for their excellent report and hard work, which
was concurred with by the other Board members.
Mrs. Battin asked the Manager if there would be any problem preparing the manage-
ment report recommended in the report. Mr. Hutchinson said this would be no
problem. Mrs. Miley then asked about the use of computers in revaluation. Mr.
Leone described some of the techniques used with computers in revaluation and
subsequent updates. Mr. William Page asked if any of the recommendations in the
report would appear as capital items in future budgets. Mr. Hutchinson responded
that revaluation includes a component for automatically updating property assess-
ments through a computer system, but in other areas, we do not foresee any capital
expenses in the. immediate future..
Mrs. Battin turned to the Town Manager's agenda. Mr. Hutchinson briefly discussed
a meeting he attended Friday on tax caps. A major concern is that while the thrust
is to control spending, MBTA assessments and county charges may be exempt from the
cap. He also noted that the proposed capping legislation raises a question about
the scheduling of Town Meeting. Mr. Hutchinson recommended that the Town go ahead
with Town Meeting and recess as it is unlikely the legislation will be in place
even when we are ready to dissolve. Mr. Kent concurred noting that any form of cap
seems a long way away and we should do business as well as we can. We can't an-
ticipate state actions. Mrs. Battin asked the Board members to think about Town
Meeting for discussion at a later time.
Mrs. Battin moved to the citizens' questions. She briefly outlined the format.
Mr. William Spencer asked when Hancock Street will be built and what streets under
Chapter 90 considered. Mr. Hutchinson noted that the Town is running out of streets
meeting political and community acceptability, as well as state warrants. Mr. Ed
Jervis asked if this meant East Street and Adams Street will not become annual
Chapter 90 request. Mr. Hutchinson responded that we cannot say never as regula-
tions may change. Mr. Kent added that he hoped that the Town would not let absence
of State funds deter community action on the North Street intersection on Adams St.
Mr. William Page asked about the level of funding to maintain the road overlay
program and expressed concern about recurring pot holes. Mr. Hutchinson noted that
this year $100,000 has been recommended and approved by the Board.
Mr. Jack Downey raised a concern about the overhead in the Town Engineering Depart-
ments as Town looks to 100% sewerage, and a completed road building program. When
will Town begin to start cutting back? Mr. Hutchinson responded that the Town has
cut out some positions and is looking at cutting out more. Mr. Busa noted that
470
Selectmen's Meeting
- 2 - February 26, 1979
an engineer staff is also needed to maintain systems. Mr. Charles Code asked if
the Town has any intention to hire a licensed engineer. He is concerned about
costs we are paying for consulting fees for professional engineer services. Mr.
Hutchinson responded that we have hired a consultant on an hourly basis to pro-
vide professional engineer's services. In our recruiting for a DPW Director,
we are looking for a professional engineer.
Mt. Crain noted his concern about the proposed capping because of the temptation
to curtail maintenance. He expressed the need to build up as much influence as
we can in legislation to limit capping.
Mr. Ephraim Weiss asked where the Town is going on sewer program.and expressed
concern abour rezoning which may increase sewer flow,- Mr. Hutchinson responded
that Phase I - analysis of system - was completed and shows level of inflow and
infiltration. We also did smoke testing. Study was sent to Federal Government
with request for funds for these problems.. Funds are based on cost benefit of
repair. Based on that, we propose to deal with inflow during this upcoming year.
As a general rule contribution of additional sewerage from development has little
impact on the system. Mr. Charles Cdde asked how the Town legally gets into areas
where you suspect an illegal connection. Mr. Crain responded that first we con-
centrate on what we can get done within our present limits. Mr. Cohen responded
that each instance must be looked at on a case by case basis.
Mrs. Ruth Nablo asked about the plans for Hanscom Field in light of Governor's
King's proposal to change th autonomy of Massport. Mrs. Battin noted that the
Board has referred this to Mr. Bailey, Lexington's Hanscom Field Advisory Com-
mittee representative who would get back to her on this issue.
Mr. Ephriam Weiss asked what the status was on assessments and if it would in-
clude provision to automate future assessments. Mr. Hutchinson gave Mr. Weiss
a brief summary about the status and noted the proposal would include provision
for automation of future assessments.
Mr. Bill Spencer asked about the by-law to allow accessory apartments. Mr. Caain
noted that it deserves consideration as an alternative because of limited land
available. Mr. Busa discussed proposed by-law from Housing Sub -Committee's point
of view. Mr. Alan Bedford also asked about accessory by-law noting that is more
than just providing low income housing. It will also discourage people from ex-
panding homes illegally. He also expressed concern that Boards operate indepen-
dently of each other and that there is a need for a unified way of expressing how
the Town feels about property. Mr. Cohen noted that Town has no obligation to
give legal opinion•on true value of property. Mr. Hutchinson agreed, but noted
that the problem of centralized information is one we are trying to correct. Mr.
Ephriam Weiss asked about the by-law noting that he does not feel we should treat
violators of the law by legalizing what they are doing. He is concerned that en-
forcement is inadequate and any over utilization of property costs the Town money.
Mr. Crain said that if he could be shown that a new inspector will increase rev-
enue to offset the cost, he would consider such a position even this year.
1
1
1
-Selectmen's Meeting
- 3 - .- February 26, 1979
471
Mr. William Page expressed concern about Meriam Street and parked cars and poor
visibility going to Mass. Ave. It was pointed out the Selectmen had referred
the question of eliminating all Meriam St. parking to the Traffic Safety Committee.
It appears to be tied with larger issue as to how we revitalize the center, and
how we live.
Mr. Jack Downey asked about Civil Defense and if the Town could save this $1500
and put.it back in Fire Department. Mr. Hutchinson responded that the money is
used to pay one employee and also to qualify for Federal and State grants.
A final question was asked about the conservation easement along the Vine Brook
at East Street and whether this has been acquired. There was a question as to
what Mr. Mark Moore was proposing to do in this area.
Mr. Busa asked Mr. Zabin, Chairman of the Planning Board, if there are any plans
to extend Emerson Road. Mr. Zabin responded that there was no intent to do this
at this time.
Chairman Battin then turned to the Housing Policy Plan. Mr. Crain asked how the
Planning Board Chairman, Mr. Zabin, expects to meet the goals of 35 housing units
each year in light of the Town's available land and current housing stock. Mr.
Zabin noted that there are 18 scattered sites units anticipated in 1980. The
Board is also looking at land bought for school purposes for housing and school
conversion. Chairman Battin asked if in fact the goals could not be viewed as an
average of 35 units per year over X number of years.
Concern was also raised about the language "the Town shall use its best efforts
to provide not less than 35 newly constructed or rehabilitated family units for
low and moderate income families and 15 new units for elderly each year over the
next six years". The Board asked if wording could be changed to better reflect
Town role"to try to provide 35 units". It was agreed to drop the following
clause "the exclusion of people simply because of economic status is harmful to
diversity".
In the fifth paragraph a concern was raised by the use of the term"urging" with
respect to the Housing Authority's use of Chapter 774. The Board felt the language
was inappropriate and suggested that it be included as one type of option, or
urging use of all appropriate legislation rather than singling our Chapter 774 as
one option.
The Board also expressed concern about the second reference to Chapter 774 in the
eighth paragraph and felt that it should be revised. Mr. Zabin noted that the
references were placed in the policy to emphasize its role in housing and provide
Housing Authority with understanding that Town Meeting is approving use of
Chapter 744.
Mrs.Battin suggestelthat she and the Chairmen of. the Planning Board and Board of
Appeals meet to begin to revise the resolution in light of the Board's comments
and discuss the revision with the Board March 12.
472
Selectmen's Meeting
- 4 - February 26, 1979
Mrs. Battin moved to the Middlesex County Advisory Board meeting. It
was voted to designate the Town Manager, or his designee. to attend the
Advisory Board Meeting as the Town's official representative Wednesday,
February 28•,• 1979.
The meeting adjourned at 10:30 p.m.
Respectfully submitted,
` (— �"
Nancy H. HAnks
Assistant to the Town Manager
-X73
SELECTMEN'S MEETING
March 5, 1979
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, March 5, 1979, at 7:30 p.m.
Chairman Battin, Mr. Buse, Mrs. Miley, Mr. Crain; Mr. Hutchinson, Town
Manager; Mr..Cohen, Town Counsel; Mrs. Banks, Assistant to the Town Man-
ager; Mrs. McCurdy, Executive Clerk, were present. Mr. Kent was absent.
Mr. Ephraim Weiss met with the Board to discuss three citizens' Energy
articles on energy conservation. (1) Article to authorize the Board Articles
of Selectmen to appoint an energy committee. Mr. Weiss said the com-
mittee could be comprised of engineers, architects, and some adminis-
trative employees; $200 requested. (2) Article to authorize the
Board of Selectmen to conduct energy audits in public buildings;
$5,000 requested to do a minimum of three or four buildings, i.e.
Bridge, Bowman schools. (3) Article to authorize the Board of
Selectmen to create the -position of Energy Manager. Mr. Weiss sug-
gested an appropriation of $18,000, with a starting salary of $15,000.
Mr. Hutchinson recommended the Board support the first and second
articles, with provisions for an amount of money in professional serv-
ices for the energy audit.
The Board members indicated support of the first article. Chairman
Battin, Mr. Busa, Mrs. Miley would support the second; Mr. Crain would
take it under advisement. Chairman Battin and Mr. Crain were not in
support of the third article. Mr. Buse requested more information.
Mrs. Mile+y,4aggehtett.than a:person: titith dxper£ise in the'energy field
might be willing to solunteer his services at no cost to the town.
Mr. Cohen asked Mr. Weiss to submit the motions for the three articles.
Mr. Weiss agreed and retired from the meeting.
Chairman Battin requested the Board's position on proposed legisla- Legislation
tion to reorganize the Mass. Port Authority. A letter:had::been received Massport
from Senator Amick asking for input on the four bills which had been Authority
filed, with hearings to be held on March 12. The matter was referred
to Fred Bailey, Lexington's representative on the Hanscom Field Advisory
Committee, who reported back that the relationship between the Authority
and the Committee is very good and the Committee would have no basis for
recommending changes. The proposed legislation gives the Governor a
chance to appoint all of the members of a.reorganized Authority or, in
one case, replace up to three of the incumbents. This seems to be an
obvious attempt to place the Authority under the thumb of the Governor
and clearly jeopardizes the political independence of the Authority.
Mr. Bailey recommended that Senator Amick be advised to do all she can
to kill House Bills 725, 727, 2464 and 2659. Mr. Buse felt the Board could
not take a stand without hearing the full debate on the bills. Mr. Crain
disagreed as it would be too late when the bills are on the floor of the
legislature. In light of Mr. Bailey's long experience on this board and
his professional competencies, he,found Mr --.Bailey's pasitidn:persuasitrev
ppon action duly made and seconded, it was voted to write to Sen. Amick,
outlining Mr. Bailey's recommendations; copies to Rep. Cole and Sen. Rotondi.
Selectmen's Meeting - 2 - March 5, 1979
Poles- Chairman Battin read a request from the New England Telephone
Curve St. Company and the Boston Edison Company for a joint pole relocation
in Curve Street. A report from the Public Works Department recom-
mended approval.
Upon motion duly made and seconded, it was voted to grant per-
mission to the New England. Telephone Company and the Boston Edison
Company for the following location: Mr. Crain abstained.
Curve Street, on the southerly side approximately
346 feet more or less, north of Mass.
Avenue, one pole 25/4; one pole to be
removed.
Auction-
eers
The Board approved the following agenda items:
Upon motion duly made and seconded, it was voted to approve the
renewal of Auctioneers' licenses, expiring March 31, 1980, for
William G. Marley, 22 Phinney Street; Robert N. Cann, 5 Castle Road.
Abatement- Upon motion duly made and seconded, it was voted to approve the
Water Bet. recommendation of Mr. Wenham, Town Assessor, to rescind the vote of
February 12, 1979 for an abatement of the water betterment assessment
on Lot 288, Blossomcrest Road, to Richard Johnson; 2 Meadowbrook
Avenue, in the amount of $30.18; amount was paid on January 24, 1968.
Permit- Upon motion duly made and seconded, it was voted to grant permission
Road to the Cambridge Greek Orthodox Church to conduct a 10 -mile rade, with
Race police cruiser escort, from the Minute Man statue to the Arlington line
on Sunday, March 18, 1979, at 1:00 p.m.
MAPC Mrs. Angela Frick, Lexington's representative to the Metropolitan
Exec. Area Planning Council, met with the Board. Chairman Battin discussed the
Com. list submitted by the MAPC Nominating Committee for selection of candidates
for MAPC's Executive Committee, and recommended Mrs. Frick, Bill Sawyer,
Acton; Alan McClennon, Jr., Arlington; Genevra Counihan, Concord. Mrs.
Frick informed the Board she was not interested in the nomination; she
would have to check with the other three persons to see if they were
interested. Mr. Hutchinson strongly recommended that.MAPC remain
strictly an advisory agency that studies issues, prepares reports, and
recommends policies, and not seek to implement the regional policies
endorsed by its members. The Board and Mrs. Frick agreed.
Mrs. Frick agreed to work with Mr. Hutchinson on answers to questions
relating to the role of candidates.
Chairman Battin read a report from the Traffic Safety Committee
regarding Bedford Street/Eldred Street/Hartwell Avenue. The report
stated that the committee did not have the opportunity at its meeting
on February 27 to review questions posed at the Selectmen's meeting
75
Selectmen's Meeting - 3 - March 5, 1979
of February 20, 1979 but, after reviewing the history, agreed that a written
review would be beneficial during the deliberations of the Board with regard
to any proposals before it. The committee will 'address questions concerning
this intersection -as soon as they are received and a chronological report
will be prepared. Also, the committee recommends that the State DPW be re-
quested to performa volume analysis of Bedford Street in this area and to
update the -equipment in their signal installation at the Hartwell Avenue.
Mr. Hutchinson said one of the questions raised on February 20 concerned
the signs and turns at Bedford/Eldred Streets and the committee felt they
should wait until they get the full details and, once again, to regenerate'
the request the request to the•State DPW. They felt it an appropriate time
to put together a cronology for this Board. Chairman Battin said the minutes
of February 20 will be approved next Monday and Board members should let us
know if there is anything missing in the minutes. The Board agreed to Mrs.
Battin's suggestion that the Transportation Advisory Committee work with
the Traffic Safety Committee on this matter.
Mr. Hutchinson informed the Board that he had met with the Mass.; Housing
Commission Against Discrimination regarding the.Housing Policy, which is Policy -
still under review by the Board. It was a productive meeting and they MCAD
were impressed by the work done so far. We must complete a number of
administrative details after the Board votes on the policy; these are
referenced in a memo of understanding that he had signed, on behalf of
the Board, some time ago. Lexington is not interested in established
goals they cannot meet, and there are more variables than empboyent.
Chairman Battin said the Board will continue the discussion on the
Housing Policy on Monday as we have to have something we agree to and
present to Town Meeting.
Mr. Hutchinson discussed the memo of February. 26 from the Appropria- Budgets
tion Committee regarding budget items. He had met with the committee last
Tuesday and there was a suggestion that Article 4 be presented as in -the
past to include all authorized personnel at the current salary level but
reflecting one additional day's pay in 1980; that has been done. Also,
Article 5 to include money for settled and unsettled union contracts and
anticipated merit changes only; that has been done. Article 5 to be con-
sidered at the end of Town Meeting to allow time to settle our contracts;
we fully concur with that recommendation.
Mr. Hutchinson updated the Board and submitted recommendations on
the differences between the Appropriation Committee and the Selectmen/
Manager in the expense accounts. It was agreed that Mr: Hutchinson is
to respond by memo to the Appropriation Committee on the differences,
and invite the committee to meet with the Board on March 12.
Selectmen's Meeting - 4 - March 5, 1979
Waltham Mr. Chalpin and Mr. Leahy, Engineering Department, met with the
Street Board. Mr. Hutchinson said that a request has been received from En -
Sewer gineering regarding the Waltham Street sewer, a previously approved
project that called for different cost parameters to essentially
sewer at a certain level vs. going in a deeper cut. The original
design called for full basement service and the alternate design
would jaet 8erve:thempper:.fixturesmajority of the residents
were in accord with the alternate. Based on the economic impact on
the town and the assessment against the homeowners, we recommend that
the alternative design be constructed. Mr. Buse raised the question
on February 12 if there is ledge in the area, and there is.
Upon motion duly made and seconded, it was voted to authorize the
DPW/Engineering Department to go forward with -the alternative design to
construct the sewer on:Waltham Street, which would provide for a.sfiaa±ow
cut.
Warren Mr. Hutchinson said we have had a proposal come in on Warren Street
Street from a developer who had the legal right to construct the sewer and as
Sewer long as he meets our specifications, with the Board's approval he can go
forward.
Upon motion duly made and seconded, it was voted to accept the
Town Manager's recommendation that the developer on Warren Street go
forward with the construction of the sewer, subject to meeting the
Town's specifications.
Boulder Mr. Chalpin said that Boulder Road is in our contract going out to
Road bid on March 29. Boulder Road was a subdivision done originally by
Sewer & Whitman & Howard some years ago and there were two catch basins on the
Drain Burlington Street end of Boulder Road, which are dry wells. In our
Easement sewer proposal, we are proposing to bring the sewer down to the existing
sewer in Burlington Street. When we found out that these two basins were
in fact dry wells, it seemed to make good sense that we should also take
a drain easement and run the drain down to Boulder Road. There have been
over the years, while not serious, aggravating problems to the people be-
low Boulder Road and one gentleman, Mr. Fletcher, on Burlington Street.
Unfortunately, we do not have money to construct this drain under the
sewer article; however, there is money in Article 17 of 1973 -drain con-
struction and we would ask the Board to use this to install the drain
in the easement for Boulder Road to Burlington Street. The rough estimate
is::$5,000 and we have $5,100+ in that article. In response to Mr. Busa's
question if the land owners are in agreement, Mr. Chalpin said all land
owners were notified and all of them have been into the engineering office.
Appraisals have been received from Mr. Lyon regarding the easement and
everyone seems satisfied to this point. Basically at this point, it is
a matter of constructing methods. We will do whatever we can to accommo-
date people, particularly Mr. Fletcher who has nothing to gain by this
project. We request the Board to vote the intent to take that easement
as a sewer and drain easement.
1
Selectmen's Meeting - 5 - March 5, 1979
Upon motion duly made and seconded, the Board, voted the intent to take
a sewer and drain easement for the construction of the Boulder Road to
Burlington Street sewer and drain, with an award of no damages. Authoriza-
tion for sewer construction is contained in Article 19 of 1977. Authoriza-
tion is hereby granted for the drain construction under the appropriation
for Article 17 of 1973 -Drain Construction.
Mrs. Miley retired from the meeting.
Upon motion duly, made and seconded, it was voted 3-0 by roll call
vote - Mrs. Battin, Mr. Busa, Mr. Crain - to go into Executive Session,
with the intention of resuming the open meeting, for the purpose of
discussing strategy.with respect to collective bargaining.
After discussion, it was voted to go out of Executive Session and
resume the open meeting.
Mrs. Nichols and Mr. Sandy, members of the Planning Board; Messrs.
Chalpin and Leahy met with the Board.
Mr. Leahy said in order to do two houses on Oskiand:•.9.treet, we would
have to extend the sewer up further on Glen Road South. We would be taking
an easement behind the houses; one gentleman was opposed and the other did
not come back; we tried to contact him two or three times. So, it is
probably one opposed and one for.
Chairman Battin said there were two sewers the Planning Board dis-
agreed with us and the Sewer Advisory Committee, and we would like further
information from the Planning Board. Mr. Sandy said if a developer wanted
to build on those lots, we would require that he upgrade Glen Road South.
All we want to make sure of is that the town in the process of building the
sewer does not upgrade Glen Road South at the town's expense, when it should
be at the developer's expense. That's our primary objection. Mr. Hutchin-
son said the only obligation the town has is to leave the road essentially
in the same condition as it is now; we do not intend to improve it. Mr.
Sandy added that if the abutters want to pay for it, it might make sense
at the same time to do some upgrading. Chairman Battin commented that the
Planning Board's concernwas about upgrading the road not the sewer per se.
Upon motion duly made and seconded, it was voted that Glen Road South
Would 1, AUciuded;:in,the sewerc.packa,ge-;
Mr. Sandy discussed the Grant Street sewer and expressed two concerns
of the Planning Board, (1) total sewage going into the moratorium area
from any new sewers in that area. Any one of those sewers which flows
through the Saddle Club area would equally contribute to the problem there;
(2) since these areas are very low and very comparable to Saddle Club, that
the basements of the houses on Grant Street would be subject to the same
problem. Without detailed engineering, we couldn't say whether that is a
very likely occurrence or very unlikely. So that needs to be looked into
before a decision to allow a house on Grant Street to connect into that
sewer. Mr. Sandy believed Engineering could run an elevation check from
Grant Street to Saddle Club, and it could be higher.
The Board agreed to table the matter until next week; elevation checks
are to be made.
1/77
Boulder Rd.
Sewer &
Drain
Easement
Executive
Session
Sewers -
Glen Road
South
'ja!!.l end 3t.
Grant St.
Sewer
Y78
Selectmen's Meeting
March 5, 1979
Upon motion duly made and seconded, it was voted to adjourn at 9:45 p.m.
A true record, Attest:
r
Executive Clerk, Selectmen
1
1
177
SELECTMEN'S MEETING
MARCH 12, 1979
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, March 12, 1979, at 7:30 p.m.
Chairman Baran, Mr. Busa, Mrs. Miley, Mr. Kent and Mr. Crain; Mr. Hutchin-
son, Town Manager; Mr. Cohen, Town Counsel; Mrs. Banks, Assistant to the
.Town Manager; Mrs. McCurdy, Executive Clerk, were present.
Members of the Town Report Committee presented copies of the 1978 1978 Town
Annual Town Report to the Board. On behalf of the Board, Chairman Report
Battin.thanked Mr. Sam Nablo, Chairman, and his committee for an ex-
cellent and:impressive report.
Mrs. Mary Shunney, Mr. Woodruff Brodhead, and Mr. Albert Zabin
met with the Board for a continuation of the discussion on Article 74 -
Housing Resolution, and the presentation of a minority report on housing.
Mrs. Shunney said that she thought they were going to adopt a master
housing plan and she sees Article 74 as not being totally descriptive
of the master housing plan for the town. There was a lack of reporting
and eoihmnitieation of what went on at separate committee meetings, and
there was a lack of the full boards together.- She had not heard at
any meeting that there was going to be a resolution such as this, which
was going to be drafted for town meeting. Mrs. Shunney, Mr. Busa and
Mr. Brodhead had served as members of the master housing plan committee
and had drafted the minority report. They had concerns about the ap-
proach to local needs and how the CommUnity handled those local needs
and they also had difficulty with the suggestion of using Chapter 774.
There are ways of providing housing through the zoning by-laws and
we are suggesting that town boards give consideration to seeking ways
of providing housing under the zoning by-laws. She would not want a
town board to go to 774 because it will be faster, easier, and less com-
plicated. The minority report states that we believe there are alterna-
tives to the use of Chapter 774 which are compatible with both the
physical character of the town and desires of the majority of its
citizens. Mr. Busa said that we stated in our report we should be tak-
ing care of the needs of Lexington. We have an obligation to Lexington
and the state but the standards of Lexington should be met first. We
realize that while it is not a complete solution, it is one that a
majority of the residents would fully support. Mr. Crain said he had
investigated the use of Chapter 774 in other communities and the re-
port he had received reenforced his grave concern about any directive
indicating a board should purposely and aggressively use 774. Mr. Kent
said that what Mr. Crain has suggested basically accords with his point
of view, with one nuance which may be a little different. He agreed with
the notion that 774 ought to be resorted to only after an attempt to use
the normal processes of the town, and therefore to that degree he would'
agree that our statement ought not to include the suggestion that that
Housing
Minority
Report -
Housing
Resolution
'/80
Selectmen's Meeting
- 2 - March 12, 1979
section be a primary device for achievement of low and moderate heckeding
However, not in terms of its use elsewhere but in terms of its use here,
Chapter 774 furnishes a useful purpose as a safety valve. Our own
handling of 774 in the past leaves something to be desired but he felt
that's the role it ought to take. He did not want to leave the im-
pression that we regard 774 as a bad thing and not to be resorted to
by anybody in this community - he could not subscribe to that.
Mr.Crain said, as he understands it, 774 is a proviso that is avail-
able if a builder comes in and conceives a way and wants to invoke the
use of 774. That is an existing statute that is available. In no way
would he suggest changing what exists as a statute, but he was concerned
with any suggestion that we should underscore or encourage the use of
something that is quite as traumatic as 774. It does exist; it is
available. Mr. Kent agreed. Mr. Zabin said he was positively impressed
with the minority report and thought it less of a minority report that
the title indicates. The difference between this and the majority report
is primarily one of emphasis. The minority report contains language
which might be suitable and he thought the Planning Board could accept
the language that the Housing Authority should use provisions under Ch.
774 as a last resort. Mr. Crain was concerned that specific urging and
reference to 774 would stimulate an unusual use of that measure, with
the result that potentially even the Appeals Board would be superseded
by a decision well beyond this community and, therefore, he was unalter-
ably opposed to any specific reference to 774, singling it out. The
statute exists and everyone knows it exists. We should make a strong
statement of our desire to increase low and moderate income housing by
the use of all provisions, but he was strongly opposed to any singling
out of 774 as a specific reference. Mrs. Miley said she was willing to
leave out the reference to Chapter 774 as long as down the line, a year
or two from now or whenever, it is not thrown back that since that report
did not use 774, therefore the town did not want to use 774. She wanted
that to be clear for the record. Mr. Kent shared Mrs. Miley's concern..
Chairman Battin said she agreed with Mrs. Miley and Mr. Kent; we would
want an open option that people will look at fairly and not give an
automatic "no." Mr. Brodhead said as a member of the Board of Appeals,
that board would consider each particular case purely on the merits of
the situation as it existed at that time. We had two instances on
774 and most people would agree there were very difficult decisions to
make; St. Brigid's had already bee; turned down by Town Meeting on re-
zoning, and the other one (Interfaith) on Garfield Street was on an un-
accepted street and there was rather a dense development, and the Board
of Appeals was justified in making the decision it did, and not because
774 was rearing its ugly head. Those are the only two cases we've had
and he wished to assure everyone that in the future if 774 comes up,
it will be considered impartially and the way it should be. Mr. Crain
understood and could identify with Mr. Kent's emphasis but he would be
equally troubled if any action this board took seemed to presume that any
774 proposal that went to the Board of Appeals should get endorsement by
the Board of Appeals. The picture and process is established and tends
that body to. give a fair -reason judgment regarding the quality of the
proposal. He has everyconfidence in the individuals on that board to
do that. Chairman Battin said she hears everyone saying, and Mr. Brodhead
underscoring, that they would look at it fairly and openly and there would
not be an automatic yes or no because it is 774 - that the process really
doesn't matter, it is the proposal.
1
1
Selectmen's Meeting
- 3 - March 12, 1979
Mr. Zabin said he accepted the assurance of the attitude the Board of
Appeals would take; some members of the Planning Board are troubled that the
fees for special permit application under 774 to the Board of Appeals is
$250 vs. $25/50 for other applications. Mrs. Shunney set forth arguments
on the housing report vs. the resolution an�l Mr. Kent said, as -he hears
it, regardless of how worded, the briefaaoes not represent in Mrs. Shunspyls
view an adequate response to Lexington's need for a master plan. He was
more than willing to pursue within this board both the majority and minor-
ity reports -that have been filed by that committee, with a view to having
this board adopt as its own view a master housing plan, presumably drawn
out of portions of both of these after some hammering has been done. He
understood the concern and felt the Board ought to be responsive to it.
Mrs. Shunney and Mr. Buse were disturbed that a housing plan had been
submitted to the state. Chairman Battin said in order to meet our affirma-
tive action plan, every town in the Commonwealth has to file a fair housing
plan. We do have to have a specific one which ought to be done in concert
with Housing, the Planning Board and the Board of Selectmen, but an overall
policy has to be established by Town Meeting. We sent a draft to the state.
Goals were discussed and Mr. Crain and Mr. Buse were not in favor of
35 units; "that. the Town shall use its best efforts to provide not less than
an average of 35 newly constructed or rehabilitated family units for low and
moderate income families and 15 new units for the elderly, each year over
the next six years." Mr. Crain said it has taken six years to come up with
16 or 17 units of scattered sites, and he would be more comfortable with 25
units He was concerned about setting the figure much too high and then not
having people identify with it because it's not realistic. Mr. Kent agreed
because of a lack of a basis for a higher figure. Mr. Buse said that we
might fall short and it might take 10 to 15 years to get the number of
units we need. If we are all sincere in what we are supposed to do and
say we are going to make a concerted effort to continue to provide homes
for low/moderate income people, to me, I can accept that. If you put a
higher figure there, they can say you didn't even come close and we are not
going to give you conservation or recreation money. Mrs. Miley and Chairman
Battin felt comfortable with 25 units. Board members agreed to maintain the
15 units for the elderly. Mrs.•Shunney said that 35 was=alae MAPC figure;
her committee had recommended 25 but the report came out with 35.
Mr. Brodhead suggested that references to the Board of Appeals be
eliminated from Article 74 as the Board of Appeals has no control over
what matters come beforeit and they cannot give priority to something
they have no control over. The Board of Selectmen agreed to support
deletion of references to the Board of Appeals,:to change from 35 units
to 25 units for low/moderate income families, and the figure of 15 units
for the elderly is to remain. Mr. Zabin said he felt the Planning Board
would have no objection and the changes in Article 74 would be made for
the motion.
Mrs. Shunney, Mr. Zabin and Mr. Brodhead retired from the meeting.
181
#82
Town
Audit
Selectmen's Meeting - 4 - March 12, 1979
Mr. James Russell and Mr. John Mackay, auditors of Arthur Andersen
and Co. of Boston presented a financial statement and management letter.
Mr. Russell said that Lexington has increased its net asset position by
more than $1 million in the last fiscal year, from $4.6 to $5.7 million.-.
The debt decreased from $7.4 million to $6.5 million. The growth in a
net asset position from June 30, 1977 to June 30, 1978 resulted from
an excess of operating budgetary revenues over budgetary expenses of
in excess of $800,000. The primary factor accounting for it was re-
ceiving over $500,000 more in motor vehicle excise taxes than had
been forecast by the town. We noted no violations with revenue shar-
ing regulations and therefore the town complies with the Bureau of
Account regulations, federal regulations, and has a set of financial
statements which it can and has included in its bond offerings. The
town is making progress toward funding its pension fund. A year ago
we pointed out that the town's funding falls considerably short of
what we consider to be a sound actuary practice. Mr. Mackay said the
management letter is the result of the audit not a detailed system review.
We do try to come up with a number of business suggestions and internal
control systems. The administration has already prepared a report sum-
marizing the progress of the town in these areas and it is succinct but
accurate. The primary areas we wish to cover are: integrated systems
planning which the town has recently completed an initial study on;
that is progressing well. It is a summary of the present condition.
Within the next year and a half, municipalities in Massachusetts will be
moving to a statutory system of acccounting from the present Mass. system.
The-townislhsmitoringthe Bureau of Accounts' information available to
assist them in moving towards generally accepted accounting principles_
The Bureau of Accounts is in a learning process themselves and things
will progress over a time period. We feel it is necessary for the town
to continue to monitor this and at some point in time to take progressive
steps.
The town, in the past, had not performed certain reconciliation
procedures primarily related to revenue on a monthly basis. The town is
now performing these procedures monthly. The other area that ties into
some of the recent announcements by the Governor is the Enterprise Fund
Accounting situation with regard to the water department. Under this,
the theory is that the specific activity (water dept.) be on a break-even
basis in terms of recovering its costs, and we refer not only to the
variab le cost for providing the service but also to the cost of replac-
ing fixed plant - retirements, debtb..that exist, etc.- to identify all
of the costs of providing water service.
We point out in our management letter the internal control suggestions
that are new this past year are presented in a different format. We feel
it presents a capsule picture of our obligations.
Mr.. Busaretired from the meeting at 8:45 p.m.
Mr. Crain asked when they had finished the audit? Mr. Mackay responded
that it was in the early part of September on field work; then went through
approximately two months' process of drafting financial statements and
recommendations. This was submitted to the administration of the town
in a draft form and then we got together with the administration. We go
around once with the Comptroller and once we.'.have his comments, then with
the Town Manager. We had included a caption of the town's comments in
the back of the management letter but we reached the agreement that we
would delete that.
Selectmen's Meeting - 5 - March 12, 1979
Mr. Crain suggested group meetings with department heads for feedback
on major points in order to get an immediate reaction. He was very con-
cerned that the end results of the audit were some inaccuracies that he
had noted _1; initial impressions are very hard to change and some of
the department heads were put in the position of things being reported
in writing that proved not to be accurate; any process that allows that
to happen is a negative process. Mr. Mackay apologized for the unfortun-
ate experience which was the result of a breakdown of communiciation be-
tween the auditors and the .town. They did not have group meetings but
there is no reason why they couldn't have them. Mr. Crain said he was
interested in their proposal for this year as to what the timeline
would be for completion of the audit and a specific commitment on the
date we will receive the management letter. Mr. Mackay said he hoped
to get a draft of the financial statement to the town before the end of
September. Mr. Crain said he would underscore,whatever the process is,
it. is absolutely imperative that the major points, particularly the
critical, be reviewed with department heads so, if there is misunder-
standing',.,they be ironed out before the Board sees them. Mr. Mackay
agreed. Mr. Hutchinson said he will address the fixed assets ledger
this summer, working withsummer help for us tiro put,-.ih..together. We
do maintain an insurance listing now.
Chairman Battin thanked the auditors and they retired from the meeting.
Mr. Lincoln Cole, Lexington's representative on the MBTA Advisory Board,
met with the Board. Mr. Crain expressed his concern about the MBTA supple-
mentary budget; he was bothered that an operation that ran a $5:6 million
deficit could categorize that 1978 was a good year. An operation that
spends more than its budget should have a process built in that makes it
impossible. Mr. Cole said that a system is being designed now and Mr.
Foster has assured me they will be adhered to. He agreed to monitor the
situation. Mr. Cole retired from the meeting.
4183
MBTA Sup.
Budget
Mr. Hutchinson recommended that the Board approve a transfer of Transfer
$5,000 to Account #4150 -Fire Department; he said this essentially re- Fire
fleets underbudgeting in building maintenance and energy, expenses.. Dept.
Upon motion duly made and seconded, it was voted: to request the
the Appropriation Committee for a transfer from the Reserve Fund to
Account #4150 -Fire Department in the amount of $5,000.
Also recommended. were transfers of $1,600 to Account #4500- Bldg.
Building Inspection because of changes in state mandated procedures Inspection
for forms, applications and permits for building, plumbing, gas,
electrical and mechanical; $1,500 to Account #1125 -Fire & Police Fire &
Medical because work-related injuries have been above average this year. Police
Upon motion duly made and seconded, it was voted to request the Medical
Appropriation Committee transfers from the Reserve Fund to Account
4{'4500 -Building Inspection in the amount of $1,600, and Account #1125 -
Fire &Police Medical in the amount of. $1,500.
Selectmen's Meeting
-6 - March 12, 1979
Mr. William Page met with the Board to discuss the Ad hoc Task Force
report on the establishment of a Community Health Committee. Mr. Page
said that a Human Services Council would be in existence as an umbrella
under which some relationship would be established. As he understood,
an ad hoc council exists but there has been no formal appointment.
Chairman Battin said the Board. of Selectmen is now contemplating set-
ting up an advisory human services committee to us and 'She and Mr.
Crain are charged with developing a charge, of which this might well be
too many single focus committees. Mr. Jacob Gardner said the American
Association of Retired Persons voted to support the establishment of
a Lexington community health committee and it is our hope the Selectmen
will act favorably on implementing Resolution 8. The committee will
help coordinate efforts to promote improved community health. Mrs.
Martha Wood said to establish a subcommittee before the committee is
established seems to be out of order. She felt the Board of Health
should be more definitely spelled out and be stronger, and perhaps
it is appropriate to consider even enlarging the Board of Health. She
was also concerned with this sort of a committee. that is tied in too
clo:yely with the schools, the elderly or one profession or agency.
It doesn't include a comment about a Health Educator or Health Planner
or community organizer to start the planning process. The original com-
mittee should be a smaller committee rather than a 15 member board.
There should be.a more definite idea of the direction this committee
ought to go. Ms. Sue Rogowitz, a former health nurse, said she saw it
as a clearing house, a way to get into focus what is available in town
in relation to health. By working together to arrange health programs
applicable for all age groups; in the schools, there is no definite
program for kids on health teaching. There is no one place you could
go to find out about health. Chairman Battin agreed there is no one
place for either human services or health, and this is sort of a com-
ponent.of human services; perhaps we should consider it. Mr. Kent un-
derstood this:-and�Mrs. Woods concerns but it is a question of structure.
The data which has grown out of the forum on aging is very relevant and
points to a specif community need that needs attention. There is a
tremendous amount of information that people in a community ought to
have.which needs to be organized and needs to be disseminated. This
Board has at the moment a certain reluctance to relate new bodies in
the field of human services, which bodies are going to be torn apart.
He had talked with Mr. Page and there is a regular momentum involved
in this and if we simply put this on the shelf until such time as we
finish with our human services structure, not only is time lost but
for want of any serious input because it's not already in the ground..
He agreed with Mrs. Wood's suggestion of a committee of five, appoirihed.'.
by the Board of Selectmen, with its make-up to be determined after con-
sultation with the forum on aging; a committee of five to further elabor-
ate just what it is we would like this committee to do and what its
potential relationship is with the Board of Health, and whether or not
it ought to be served through an expansion of the Board of Health.
Chairman Battin said that Dr. Erdos thinks the Board of Health should
have input. The Board of Selectmen agreed.
Selectmen's Meeting 7 - March 12, 1979
Mr. Hutchinson suggested a meeting with some of the groups who would
interact with this agency; to hear their perceptions of what form this
committee might take, recognizing that we have some input from the Board
of Health. We could also ask the School Committee to come in. The
Board agreed.
Chairman Battin read a letter of resignation from Mr. Allan Kenney
as a member of the Hanscom Community Council.
Upon motion duly made -and seconded, it was voted to accept, with
regret, the resignation of Mr. Allan Kenney as a member of the Hanscom
Community Council.
Upon motion duly made and seconded, it was voted to appoint
Selectman Alfred S. Busa as..Lexington's representative on the Hanscom
Community Council.
Upon motion duly made and seconded, it was voted to approve the
minutes of Selectmen's meetings of November 6, 1978; February 16,
February 20 and February.26, 1979.
Upon motion.duly made and seconded, it was voted to accept the recom-
mendation of Mr. Warren Empey to abate water bills totaling $243.75.
Mr. Hutchinson reported that the inward elevation on the sewer
manhele•>on :Grant Street is 186 feet; the sewer elevations of the houses
on Grant Street dre 195, 193, and 192, respectively; the connection
to a proposed sewer to an existing manhole is 182 feet. Assuming the
services of the outlets which would go into the houses would be 8`feet
below the sills, there is still no problem in connecting these sewers
to the sewer system. This more than adequately serves them.
Upon motion duly made and seconded, it was voted to include Grant
Street in the sewer package.for FY 80.
Mr. Kent said that Town Counsel has indicated we do not yet have a
motion or our position with respect to the Selectmen's Article to act
on a report of the Senior Center Site Committee. Mr. Kent proposed that
under thatarticle the Board support a motion to instruct us to consider,
as part of our consideration as to the uses of the Munroe School, its
potential use as a Senior Center - that that be one use to which we direct
our attention. The Manager said we don't need money at this point in
order to do that. Mr. Crain wanted clarification that they are not
committing it to be "a" use. Chairman Battin-said iio.-: we could seriously
consider it as a -possible use and we do not need money to make that in-
formal decision. The Board agreed.
Mr. Donald White, Chairman, and members.of the Appropriation Committee
metwith the Board. Mr. Hutchinson said that the Solid Waste Committee re-
port is being completed.and will be ready tomorrow. Article 5 will be
taken up at the end of Town Meeting because we are waiting for settlements.
We have no additional information on Inflow/Filtration article 14. We have
been dealing with the state and some confusion developed with them over
whether they would allow us to go forward and just go with the inflow por-
tion. If that's the case, we can pull back the $25,000 we have in and
S
Appt. -
Hanscom
Community
Council
Minutes
Water
Abatements
Grant St.
Sewer
Elevations
Senior
Center Art.
App.
Com.
X86
Selectmen's Meeting 8 - March 12, 1979
allow for the next year. Ifthey require us to show an appropriation
to handle the total inflow/infiltration program, which is a 2 -year
program, then we would be required to bring in another $75,000 beyond
last year's appropriation of $25,000, and it would be another $50,000
as presented on the levy right now. We have been trying to get a
judgment determination.
Mr. Hutchinson informed the Appropriation Committee that informa-
tion is being developed on Article 47-$750,000 available funds.
Chairman Battin discussed the Energy articles and said the Board
agreed an energy committee made sense by putting more technical people
on the School's energy committee; to expand the School's committee
and make it a joint committee; the Board felt there should be no
manager. Mr. White asked if they would go after available funds
and Chairman Battin said that the people in place can pursue that.
Mr. Hutchinson discussed the Fire Department and said that there
have been revised.estimates of approximately $1,000 for repairing the
wall, assuming we use our own equipment for digging, etc. We have al-
lowed up to $2,000 for additional work if necessary. We have estimates
on the generator, Chief Bergeron has asked for more time to study the
box alarm area. Mr. White said that the Appropriation Committee is
supportive of an expanded maintenance program within the Fire Department;
we think the Central Station needs a lot of work on it. We ought to get
into the box alarms. at Town Meeting and point out that we have an obsolete
system.
Mr. White said that they.yhave made cuts'oft.$55,000 in Article 4 and
it is their goal to maintain at current funding levels. We voted to recom-
mend that the School Budget be carried at the present level, and we will
meetwith them on Monday night.
The Appropriation Committee retired from the meeting.
The Board had a short discussion on other articles and agreed to
go into executive session.
Executive Upon motion duly made and seconded, it was voted 5-0 by roll call
Session vote - Chairman: Battin, Mr. Busa, Mrs. Miley, Mr. Kent and Mr. Crain -
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 11:00 p.m.
A true record, Attest:
V
Executive Clerk, Selectmen
1
4187
SELECTMEN'S MEETING
MARCH 19, 1979
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, March 19, 1979, at
7:00 p.m. Chairman Battin, 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. Mr. Busa
and Mr. Crain were absent.
Mr. Zehner made a thorough and comprehensive report of the town's Treasurer
debt picture. He stressed that the 5 -year bonding period had worked
extremely well for the town.
Chairman Battin read a letter from the Department of Urban De- Housing
velopment requesting comments on the Housing Authority's application Authority
for 60 units at Countryside and 25 single family units by acquisition
without rehabilitation and/or new construction turnkey.
Upon motion duly made and seconded, it was voted to write a letter
to the Department of Urban Development supporting the Housing Authority's
application for 60 units at Countryside
It was agreed to defer a decision on the 25 single family units
pending a meeting with the Housing Authority for additional information.
Chairman Battin read a letter from Mr. David Reiner, Chairman of Registrar
the Democratic Town Committee, recommending, in accordance with G.L. of Voters
Chapter 50, s. 15, three nominees for the appointment of a Registrar
of Voters.
Upon motion duly made and seconded, it was voted to re -appoint
Mrs. Lilah H. Grossier, 510 Concord Avenue, a Registrar of Voters for
a three year term expiring March 31, 1982.
The Board approved the following agenda items:
Upon motion duly made and seconded, it was voted to approve the Abatement -
recommendation of Fire Chief Bergeron to abate ambulance bill X49 for Ambulance
Mr. Peter Woodsun in the amount of $15.00s which was issued in error. Bill
Upon motion duly made and seconded, it was voted to approve the
minutes of the Selectmen's meeting of February 12, 1979. Minutes
Upon motion duly made and seconded, it was voted to approve the LWV - Town
request of the League of Women Voters to set up a table in the foyer Meeting
of Cary Hall for the sale of League publications.
Upon motion duly made and seconded, it was voted to approve the Bond -
bond for Mary R. McDonough, Town Clerk, in the amount of $6,500. Town Clerk
Approval of the State Department of Corporations and Taxation will
be requested.
3/438
Town Meeting
Selectmen's Meeting
- 2 - March 19, 1979
Because of Passover on Wednesday, April 11, the Board agreed to
recommend to Town Meeting that only one session be held that week on
Monday, April 9.
Mosquito Chairman Battin read a letter from the Citizens for Lexington
Control Conservation recommending withdrawal from the East Middlesex Mosquito
Control project and, if approved by Town Meeting, CLC plans to ask
the Selectmen to consider the appointment of an insect control ad-
visory group.
It was agreed that although a majority of the Selectmen voted
to include, but not necessarily support, the line item under Article 4,
it is the responsibility of the Board of Heal for the presentation and
support of the mosquito control project at Town Meeting.
School Mr. Hutchinson informed the Board that the School Committee has
Budget adjusted their budget $60,000; $50,000 in the expense area and
$10,000 of additional revenue, which further brings the tax rate
down to $89.85 (in the beginning of Town Meeting).
Executive Upon motion duly made and seconded, it was voted 3-0 by roll call
Session vote - Mrs. Battin, Mrs. Miley and Mr. Kent - to go into Executive
Session, with no intention of resuming the open meeting, for the pur-
pose of discussing litigation.
After discussion, it was voted to go out of Executive Session.
Upon motion duly made and seconded, it was voted to adjourn at
7:55 p.m.
A true record, Attest:
xecu�erk Selectmen
X9
SELECTMEN'S MEETING
MARCH 21, 1979
A regular meeting of t e Boa4d o electmen was held in the
Selectmen's Meeting Room, T Office`Building, on Wednesday,
March 21, 1979, at 7:37 p.m. Chairman Battin, Mrs. Miley and
Mr. Kent; Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel;
Mrs. McCurdy, Executive Clerk, were present. Mr. Buse and Mr.
Kent were absent.
Mrs. Angela Frick, Lexington's representative on the MAPC
Metropolitan Area Planning Council, met with the Board and Executive
it was agreed to write to Representative Cole and Senator Committee
Rotondi urging their support of MAPC reorganization bill
H3544, which aims to increase cities and towns' representa-
tion on the MAPC Executive Committee and concurrently de-
crease the number of ex -officio and gubernatdrial appointees
on that committee.
Mr. Hutchinson informed the Board that Mr. Peter Conant
of Urban Design will attend the meeting on March 28 to dis-
cuss the Parker School.
Upon motion duly made and seconded, it was voted to adjourn
at 7:45 p.m.
A true record, Attest:
Parker
School
Executive Clerk, Selectmen
Y90
SELECTMEN'S MEETING
MARCH 26, 1979
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, March 26, 1979 at
7:00 P.M. Chairman Battin, Mty,,,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.
Chairman Battin recommended that the Board amend the minutes of Powder
February,12, 1979 which were approved at the meeting on March 19 when Horn
Mr. Busa and Mr. Crain were absent. The amendment provides additional Condo -
information on the Board's discussion with the developer of the Powder miniums/
Horn Condaminiums for consideration of an extension of the sewer line Sewer
from Concord Avenue to service the development.
Upon motion duly made and seconded, it was voted to amend the
minutes of the Selectmen's Meeting held on February 12, 1979 by add-
ing the following to that portion of the minutes concerning the Powder
Horn Condominiums/sewer extension request: "After discussion, it was
agreed that Mr. Hutchinson is to ask the Planning Board whether any
other proposal coming into this year's Town Meeting requires a sewer.
It was decided not to hold any hearings prior to Town Meeting as this
could be misconstrued. It was the sense of the Board that there
would be further consideration of Mr. Smith's sewer request if the
Powder Horn proposal passed Town Meeting."
Mr. Temple Scanlon, Director of the Lexington Housing Authority, Housing
met with the Board to request approval of amending the Cooperative Authority
Agreement between the Town and the Housing Authority by adding fifty Agreement
additional units of low -rent housing, thereby changing the number Amendment
from 85 to 135 units. The present agreement covers twenty-five
scattered site units, which have been funded, and sixty units of
elderly/handicapped for which an application is pending. On
February 28, the Authority had applied for an additional twenty --five
units of Family, "Acquisition W/0 Rehab," and twenty-five units
"Family New Construction Turnkey." In these February 28 applica-
tions, we stated that the manner by which these would be made
available to us by the condominium developers is uncertain at
this time and we were submitting applications for fifty units
of which only twenty-five would be utilized. We were advised
by HUD Counsel that, while they understand our intent, each ap-
plication must stand on its own. Therefore, we are requesting
that our cooperation agreement be amended to include the fifty
additional units.
Upon motion duly made and seconded, it was voted unanimously
to amend the Cooperation Agreement between the Town of Lexington
and the Lexington Housing Authority, dated May 23, 1977, to in-
clude fifty additional units; therefore, Page 1, Paragraph 2, is
amended by striking "85 units of low -rent housing" and inserting
"135 units of low -rent housing."
Selectmen's Meeting
- 2 - March 26, 1979
The Board approved the following agenda items:
Wild Acre Upon motion duly made and seconded, it was voted to renew,7theu:
License Lodging House Unease to:.12V31f79 for ..Wi1dFAcre.inn, 50cperoy Road,
subject to periodic inspections by the Board of Health.
It was agreed to recommend to the owner, Dr. Yudowitz, that he
continue to take corrective measures to upgrade the facility.
Utility Upon motion duly made and seconded, it was voted to approve the
Poles - petition of the N.E.T.&T. Co. and the Boston Edison Co. for the fol -
Mason St. lowing location of poles: Mason Street, westerly side, from a point
approximately 400 feet south of White Pine Lane, Two poles; guy wire
and anchor on first pole.
Bonds
Minutes
Auctioneer
Bonds
Upon motion duly made and seconded, it was voted to approve the
bonds for Mrs. Doris E. Barclay, Collector of Taxes, in the amount of
$160,000; for Mr. Louis A. Zehner, Town Treasurer, in the amount of
$170,000.
Upon motion duly made and seconded, it was voted to approve the
minutes of Selectmen's meetings held on November 13, 1978 -Open and
Executive; February 5, 1979 -Open and Amended Executive; February 20 -
Amended Open; March 19 -Open and Executive.
Upon motion duly made and seocnded, it was voted to sign the
renewal of an Auctioneer's license for Mr. William Sennott,
10 Douglas:: Road, expiring March 31, 1980.
Mr. Hutchinson requested approval of bonds.
Upon motion duly made and seconded, it was voted to approve
the bond for Robert M. Hutchinson, Jr., Town Manager, in the amount
of $50,000.
Upon motion duly made and seconded, it was voted to approve
the bonds for Constab]e.s John J. Shine, Jr. and Roy J. Murphy in
the amount of $3,000, each.
Gift - Mr. Hutchinson requested approval of a gift to the town.
Refresh- Upon motion duly made and seconded, it was voted to accept a
ment check from the William E. Maloney Foundation in the amount of
Stand $14,820 to be used for a refreshment stand at the High School
football field.
Revenue Mr. Hutchinson and the Board discussed reports received that the
Sharing Congress is considering cutting out the General Revenue Sharing Program.
Funds At the present time, this represents $1.50 on Lexington's tax rate.
Mr. Kent, our Legislative Liaison, agreed to write to Congressman
Shannon to exert his best effort towards.:.a continuation of state and
federal governments receiving General Revenue Sharing Funds.
- 3
Selectmen's Meeting March 26, 1979
The Board discussed with Mr. Silverman, representative of the
Appropriation Committee, the question of a tax cap and the ramifica-
tions of the Moderator taking /3 vote on money articles if the
vote was not unanimous. Later n, Moderator Cole came into the
meeting.
Mr. Silverman said that the Appropriation Committee is in
favor of tax caps and, personally, he did not recommend the tak-
ing of a 2/3 vote, and money articles should not be left open.
At this point, Mr. Cole, having been unavoidably detained at
the State House, a majority of the Board agreed to recommend to the
Moderator that he not ask for a 2/3 vote when the vote was not
unanimous and they preferred not to attempt to have reconsidera-
tion of money articles.
When Mr. Cole came into the meeting, he said that, as the
Moderator, he felt the basic approach to it was, that with a tax
cap, in all probability it would require a 2/3 vote of Town Meet-
ing, Therefore, he decided to ask if the vote was not unanimous,
a standing vote should be taken so there would be a recorded vote.
Chairman Battin explained the position of the Board, and
added that we felt we should proceed as usual and call a Special
Town Meeting when we know what the caps are. Then, we would come
in with priorities and ask for a 2/3 vote; we would be dealing
with a known situation.
It was agreed that the decision is to be made by the Moderator.
Upon motion duly made and seconded, it was voted to adjourn at
7:52 P.M.
A true record, Attest:
02.
Town Meet-
ing Vote
Executive Clerk, Selectmen
SELECTMEN'S MEETING
MARCH 28, 1979
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Wednesday, March 28, 1979,
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. Banks,
Assistant to the Town Manager; Mrs. McCurdy, Executive Clerk, were present.
X93
The Board discussed the expiration on March 31, 1979 of the mora- Tax Title
torium on the sale of tax title lots. A letter from the Housing Moratorium
Authority recommended a one year extension to 1980, and the Planning
Board had informed the Selectmen that, for now, it would go along with
the Housing Authority.
Upon motion duly made and seconded, it was voted to extend the
moratorium on the sale of tax title lots until May 1, 1979, pending
further discussion by the Selectmen, the Housing Authority, and the
Planning Board.
The Board received and noted the list of nominees, submitted by Hanscom
Mr. Fred C. Bailey, for future appointment of an alternate on the Adv.Com.
Hanscom Advisory Committee. It was agreed to add Mrs. Jacqueline Alternate
Smith, as suggested by Mrs. Miley.
A proclamation to be presented at Town Meeting next Monday Bantam
was approved. Hockey
Upon motion duly made and seconded, it was voted to sign the Champions
Proclamation in recognition of the Lexington Bantam AA Youth Hockey
Team as the State Champions for the Bantam Division.
Chairman Battin read a letter from the Chairman of the High Sr. High
School Fund Raising Committee for the Senior Prom requesting a Fund
special permit for a beauty salon to be opened on Sunday, April 1, Raising
from 9:00 a.m. to 1:00 p.m. All proceeds were to be given to the Sunday
prom fund. Mrs. Miley cited a similar request from another organize- Project
tion which had been advised, after a ruling by Town Counsel, not to
open a shop for fund-raising on a Sunday.
It was the general consensus of the Board to request the opinion
of Town Counsel as to whether either of these activities falls within
the scope of the statute or whether the Board of Selectmen has any
function in relation thereto.
Mr. Hutchinson is to advise the Senior Prom Committee not to
hold the fund-raising project on Sunday, April 1. However, they will
be contacted again when a decision is made on Town Counsel's recom-
mendation.
Selectmen's Meeting
- 2 - March 28, 1979
Housing A. brief discussion was heal on the Planning Board's motion under
Policy Article 74 -Housing Policy Plan. Mr. Busa raised objections and said
Plan that he did not concur with the concept or the written word. The other
four members of the Board support the motion, as written.
Executive Upon motion duly made and seconded, it was voted 4-0 by roll call
Session vote - Mrs. Battin, Mr. Busa, Mrs. Miley, Mr. Kent and Mr. Crain - to
go into executive session for the purpose of discussing real estate,
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
7:55 p.m.
A true record,
Executive Clerk, Selectmen
198
Bond -
Town Manager
SPECIAL
SELECTMEN' S MEETING
March 29, 1978
A special meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Wednesday, March 29, 1178,
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.Nancy
Banks, Assistant to the Town Manager, Mrs. McCurdy, Executive Clerk, were
present.
Chairman Battin requested approval of the Town Manager's bond.
Upon motion duly made and seconded, it was voted to approve the
bond for Mr. Robert M. Hutchinson, Jr., Town Manager, in the amount
of $50,000.
Special Chairman Battin read a recommendation from Police Chief Corr for
Police the appointment of Special Officers for a term of two years.
Officers Mr. Hutchinson said that he had talked with Chief Corr and some
on the list are special officers, in some cases it is an honorary
position, and others are used in the April 19th parade. Chief Corr
is now reviewing a statute which calls for a certain level of train-
ing and, until we have a ruling on whether this applies to Special
Police Officers, it is recommended that appointments be made for one
year.
Auctioneer
Upon motion duly made and seconded, it was voted to appoint the
following as Special Police Officers for the Town of Lexington for a
term expiring March 31, 1979:
NOTE: COMPLETE LIST TO BE TYPED INTO SELECTMEN'S RECORDS.
Chairman Battin read an application for renewal of an Autioneer's
license.
Upon motion duly made and seconded, it was voted to sign the
Auctioneer's license for Mr. Arnold Clickstein, 318 Lincoln Street,
to expire March 31, 1979.
Cemetery Lots- Mr. Hutchinson agreed to come back to the Board with additional
Abatements information on the request from Mr. McSweeney to abate the balance
due on the sale of two Westview Cemetery lots.
Cary Hall Chairman Battin read a letter from Ms. Laura C. Stein, 9 Kendall
Permit Road, submitting additional information on the previously tabled re-
quest for the use of Cary Hall by the Sacred Harp singing group on
September 30, 1978. The letter states that they are prepared to pay
the $35.00 rental fee, custodial fee and any necessary fees for police
and fire details. Buses will be coming from many states and arrange-
ments have been made with the First Parish Church for parking and
having luncheon there. There will be no admission charge and the
public is invited to attend.
1
1
1
ACHESON, Eugene A.
BAILEY, Fred C.
BALLOU, Sidney R.
BARNES, Raymond B.
BARRETT, Elliott J.
BARRY, George C.
BARRY, James E.
BARRY, John M.
BATTIN, Margery M.
BERGERON, John
BERMAN, Joel G.
BRIGGS, Kenneth G.
BROWN, Otis S. Jr.
BRUCCHI, John W.
BUSA, Alfred S.
BUSA, William A.
CATALDO, James
CATALDO, Robert
CHALPIN, Peter M.
COLE, Lincoln P.
CONNOLLY, Charles E. Jr.
CORAZZINI, Richard M.
CORR, James F. 111
COSCIA, Emanuele, Jr.
COSTELLO, James T.
COSTELLO, Thomas F.
CRAIN, James F.
DeFLICE, Dominic J.
DOOLEY, Henry W.
DOUGHTY, George Jr.
EMERY, Alan
EMPEY, Warren A.
ERNST, Karl
FOSS, Robert N.
FREEMAN, George
GILMAN, Edward M
GILMAN, Philip
GRENIER, Louis F.
SPECIAL POLICE OFFICERS
2634 Massachusetts
48 Coolidge Avenue
38 Highland Avenue
59 Gleason Road
2 Bushnell Drive
36 Forest Street
241 Worthen Road
34 Forest Street
15 Paul Revere Road
20 Walnut Street
10 Crescent Hill Ave.
100 Blossomcrest Road
3 Bond Road
31 Duren Avenue, Woburn
38 Circle Road
38 Circle Road
43 Rindge Avenue
1970 Massachsuetts Avenue
11 Freedom Road, Woburn
16 Hill Street
67 Cedar Street
40 Phillip Road
8 Park Street
6 Millbrook Road
34 Allen Street
36 Allen Street
68 Ashbury Street
17 Larchmont Lane
77 Baker Avenue
75 Paul Revere Road
441 Lowell Street
3 Eldred Street
37 Eldred Street
8 Spencer Street
13 Grant St., Concord
56 Bloomfield Street
129 Burlington Street
147 Maple Street
1978
Resident
Citizen
Resident
Resident
Resident
Resident
Resident
Resident
Selectwoman
Fire Chief
Resident
Town Planner
Resident
Firefighter
Selectman
Resident
199
Firefighter
Resident
Traffic Engineer
State Representative
Resident
Police Dispatcher
Resident
Public Works
Police Cadet
Resident
Selectman
Resident
Resident
School Dept.
Firefighter
Public Works
Resident
/Bail Commissioner/
Town Employee
Police employee
Firefighter
Resident
Town Employee
200
HUTCHINSON, Robert M. Jr.
JACKSON, Lee B.
JEFFERSON, Charles E.
JONES, Leonard N.
KELLEY, Kenneth P. Jr.
KENNEY, Allan F.
KENNEY, Walter T. Jr.
KENT, Robert B.
LaROSE, Eric A.
LITTLETON, Barry W.
MacARTHUR, Lillian
MacLEAN, Ralph D.
MARTIN, William J.
MARTINEZ, Daniel C.
MAZERALL, Paul
McCARRON, Francis
McSWEENEY, John
MERCER, Charles R.
MICHELSON, Richard
MULLER, Eugene T.
MULLER, Leonard E.
MALONEY, William E. Jr.
MANFREDI, Vincent A.
MALONEY, John W.
MILEY, Mary W,..
MULLINS, Donna C.
ORMISTON, Stephen W.
PAYNE, Robert M.
PEKINS, George
PEZZULO, Michael
PERRY, Richard M.
REDMOND, James F.
ROONEY, Joseph 0.
SAMUEL, Frank T.
SAUNDERS, Robert W.
SAVAGE, David T.
SCIGLIANO, Anne R.
SILVA, Richard J.
SIMMONS, Robert G.
SPECIAL POLICE OFFICERS
51 Dexter Road
62 Bow Street
8 Alcott Road
71 Lowell Street
54 Ward Street
10 Frost Road
16 Dane Road
15 Patriots Drive
17 Lockwood Road
40 Cold Spring Rd. Westford
33 Charles Street
9 Spring Street
31 Babicz Road, Tewksbury
4 Macintosh Road, Bedford
20 Wilson Road
5 Hillside Terr.
9 Tucker Avenue
6 Park Street
54 Asbury Street
24 Ewell Avenue
19 Fairbanks Road
59 Albermarle Avenue
28 Taft Avenue
157 Emerson Road
29 Robinson Road
156 Woburn Street
38 Charles St.
15 Chase Avenue
28 Chase Avenue
247 Marrett Road
16 Ellison Road
9 Utica Street
222 Waltham Street
8 Burnham Road
295 Marrett Road
9 Manley Court
3 Augustus Road
500 Lowell Street
82 North Street
1978
Town Manager
Resident
Civil Defense
Town Employee
Firefighter
Resident
Resident
Selectman
Police Cadet
Dog Officer
Resident
Resident
Public Works
Citizen
Park Superintendent
Firefighter
Dir., Public Works
Resident
Resident
Firefighter
Firefighter
Citizen
Resident
Citizen
Selectwoman
Police Cadet
School Dept.
Resident
Firefighter
School Dept.
Comptroller
Firefighter
Resident
Resident
Resident
Firefighter
Resident
Resident
Police Cadet
SMITH, Howard A.
STEVENS, Edward P.
STUCKE, Alden F.
SWAN, Duncan F.
SWAN, Robert J.
SWANSON, Patricia A.
SWEET, Frederick B.
TRANI, Joseph A.
TWOMBLY, Charles A.
WEISINGER, Wallace
WENHAM, Thomas
WHITING, William
WRIGHT, Glenn
YEWELL, Paul G.
ZUPPE, Joseph
SPECIAL POLICE OFFICERS 1978
16 Childs Road
4 Chandler St., Salem
31 Hancock Street
24 Bedford Street
18 Bedford Street
36 Charles Street
133 Russell Street, Waltham
11 Slocum Road
24 Woodcliffe Road
193 Bedford Street
1 Frances Road
341 Lowell Street
67 Simonds Road
6 Leeland Terrace
Resident
School Dept.
Resident
School Dept.
Police Cadet
Resident
Town Employee
Resident
Resident
Resident
Town Employee
Firefighter
Resident
Resident
12 Albermarle Ave., Waltham Library Custodian
201
')o2
Special
Selectmen's Meeting -2- March 29, 1978
Mr. Busa suggested that a policy be established regarding the
responsibility of fees involved in the rental of Cary Hall. Also, to .
inform the applicant that with such a large group attending, a monitor
should be stationed outside to make sure there is no impact on traffic
and parking in the immediate area.
Upon motion duly made and seconded, it was voted to grant per-
mission to the Sacred Harp singing group to use Cary Hall on Saturday,
September 30, 1978, from 9:00 a.m. to 4:00 p.m., subject to the under-
standing that parking be monitored in the immediate area.
Transfer- Mr. Hutchinson requested approval of a request from the Public
Acct. 5450 Works for a transfer of $30,000 from the Reserve Fund to Account
DPW #5450 -Road Machinery. Unexpected expenditures were incurred during
the severe snowstorms and we have estimated DPW needs of $30,000 for
the remainder of the year. For the information of the Board, fuel
costs from January 21 to February 6 were $6,223; February 6 to 21-
$7,253; Chain repairs -$2,786, and repairs to equipment from January
21 to 28 $16,514.
Upon motion duly made and seconded, it was voted to request approval
of the Appropriation Committee of a transfer from the Reserve Fund .to
Account #5450 in the amount of $30,000.
Girl Scouts The Board had no objection to the Camp Fire Girls selling stickers
Permit to encourage residents to recycle, provided Mr. Hutchinson investigates
the possibility of a By -Law prohibiting the sale on the streets.
Hartwell Mr. Hutchinson informed the Board that he had met with Palmer &
Landfill Dodge on the landfill and had told them that the Board generally
approved the timetable involved with Whitman & Howard. A letter with
supporting information on the timetable, will be sent to the State.
Upon motion duly made and seconded, it was voted to adjourn at
7:20 p.m..
A true record, Attest:
Executive Clerk, Selec en
1
1
SELECTMEN'S MEETING
APRIL 2, 1979
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, April 2, 1979, at 7:00 p.m.
Chairman Battin, Mr. Busa, Mrs. Miley, Mr. Kent; Mr. Hutchinson, Town
Manager; Mr. Cohen, Town Counsel (7:30 p.m.); Mrs. Banks, Assistant to the
Town Manager; Mrs. McCurdy, Executive Clerk, were present. Mr. Crain was
absent.
Chairman Battin announced that the Executive Office of Transportation Bikeways
and Construction has approved the construction of a bikeway in Lexington. State
in the amount of $66,000, subject to the town providing 25 percent of the Funding
total cost. Article 36 of the 1978 Annual Town Meeting approved the
appropriation of the town's share of $22,000.
Also, the Executive Office of Transportation and Construction has Clean
nominated the town to the American Lung Association of Massachusetts Air
for a 1979 Clean Air Award in recognition of Lexington's environmentally Award
conscious transportation activities.
Mr. Clifford Prentiss, Recreation/Conservation Director, met with Article -
the Board to discuss Article 41 -Sutherland Park to be presented to Town Sutherland
Meeting at $15,000. Originally planned at $30,000, the basic concept is Park
the same at $15,000. The items cut back included the deletion of (1)
parking, which was not received favorably by the residents; (2) the
amount of fencing involved with parking; (3) the amount of underbrush to
be cut and less grading to be done. It is proposed to install 600 ft.
of fencing along the Arlington line with gate openings and footpaths;
to clean out the pond; to install one standard light at the tot lot
with a floodlight on it at night; to utilize some play equipment from
closed schools, plus a backstop from the Hancock School.
The 4 Selectmen agreed to support the Article at Town Meeting.
The Solid Waste Advisory Commi-ftee met with the Board. Mr. Hutchin- Solid
son introduced Bruce Pollack, Management Intern, who had prepared the draft Waste
Report of the Solid Waste Advisory Committee to be submitted to Town
Meeting to provide Town Meeting Members with an account of the history
of the solid waste disposal issue and information on the implications
of the alternatives that are being considered for future refuse dis-
posal. Mr. Hutchinson said that five bids for the collection and
disposal of solid waste and recyclables were received on March 29,
and the two lowest bidders were Miller and Roketenetz. He answered
questions on the complicated list of alternative and combined bids,
and informed the Board that the program is still being reviewed
and a revised report will be submitted as soon as possible.
During discussion, a citizen suggested that an information meeting
be held by the Board; this was taken under advisement.
It was agreed to schedule further discussion as soon as the Manager's
report is submitted.
Transport.
Mangmnt.
Limo
Rates
Minutes
Plumbing
Inspector
Executive
Session
Selectmen's Meeting
- 2 - April 2, 1979
Chairman Battin read a request from Mr. John McGovern, New Jersey
World War II Veteran, for a photograph of the Minute Man Statue to be
used as arm insignia at reunions. Mr. Busa said that the Board has
no jurisdiction over photographs of the Minute Man and, as a courtesy,
we should send one..to Mr. McGovern. The Board agreed.
Chairman Battin read a letter from Transportation Management Corp.
informing the Board that, effective April 1, the rates for limousine
service between Lexington and Logan Airport would be increased from
$9.00 to $11.00 for the first person to be transported; the $4.00
additional person fee would remain unchanged.
Mr. Cohen came into the meeting at 7:30 p.m.
Mr. Hutchinson advised that Town Counsel is looking into the mat-
ter of whether the Board sets the fees.
Mr. Kent said that pending Town Counsel's opinion of what our
powers are, he would suggest that a communication, at least inform-
ally, should go to Transportation Management that the Board's initial
reaction is not very favorable, in particular about the timing.
Mr. Kent moved conditionally, seconded by Mrs. Miley, and it was
voted if the Board does have control over the rates of the Transporta-
tion Management limousines licensed by the Town of Lexington, that the
increase from $9.00 to $11.00 for the first person to be transported
should be suspended until further order of the Board of Selectmen.
Mr. Hutchinson agreed to contact Transportation Management Corp.
to inform them of the Board's feeling.
Upon motion duly made and seconded, it was voted to approve the
minutes of the Selectmen's meetings of December 11, 1978 and March 28,
1979 open session.
Mr. Hutchinson recommended the Board's approval of upgrading the
position held by John Byrne as part-time Plumbing Inspector by adding the
gas and mechanical inspection duties, with an increase in salary to
$6,687.00, annually. To implement this recommendation, the Gas Inspector
would be moved to Civil Service status as, under Chapter 142, s. 11, all
Gas Inspectors appointed after July 1, 1978 must be appointed from a
Civil Service list. Since Mr. Byrne is already on the Civil Service list,
we can request his promotion and ask for an unassembled examination which
provides for a title change if the person meets all minimum requirements.
The Classification Review Board concurs with this recommendation.
Upon motion duly made and seconded, it was voted to accept the Town
Manager's recommendation to upgrade the position held by John Byrne as
part-time Plumbing Inspector by adding the gas and mechanical inspection
duties, at an annual salary of $6,687.00.
Upon motion duly made and seconded, it was voted 4-0 by roll call vote
Mrs. Battin, Mr. Busa, Mrs. Miley and Mr. Kent - to go into Executive Session,
with no intention of resuming the open session, for the purpose of discussing
a real estate matter 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
7:50 p.m.
A true record, Attest:
Executive Clerk, Selectmen
1
1
)/97
S TMEN'S MEETING
AAFPRIL 4, 1979
A regular meeting of the Board of Selectmen was held in the
Selectmen's Meeting Room, Town Office Building, on Wednesday,
April 4, 1979, at 7:38 p.m. Chairman Battin, Mr. Busa, Mrs.
Miley and Mr. Kent; Mr. Hutchinson, Town Manager; Mr. Cohen,
Town Counsel; Mrs. McCurdy, Executive Clerk, were present.
Mr. Crain was absent.
Mr. Hutchinson informed the Board that he had contacted Limousine
Transportation Management Corporation and they had held up Fees
on raising their fees for limousine service between Lexington
and Logan Airport.
It was agreed to invite Transportation Management to
meetu,with the Board on April 9.
Mr. Busa requested more information and clarification of Art. 57 -
Article 57 -Drainage By -Law and will meet with the Manager and Drainage
the Building Commissioner for answers to his questions. By -Law
Upon motion duly made and seconded, it vas voted to ad-
journ at 7:52 p.m.
A true record, Attest;
Ohe
Executive Clerk, Selectmen
3'98
SELECTMEN'S MEETING
April 8, 1979
A special meeting of the Beard of Selectmen was held in the Select-
men's Meeting Room, Town Office Bil-V ding, on.Sun(lay, April 8, 1979 at
4:00 p.m. Chairman Battin, Mr. Bush, Mrs. Miley, Mr. Kent and Mr. Crain,
Mr. Hutchinson, Town Manager; Town Counsel, Palmer & Dodge represented by
Mr. Cohen and Mr. Howe.
Chairman Battin convened the meeting at 4:00 P.M.
Motion was made by Selectman Kent and seconded by Selectman Miley to McSweeney
go into Executive Session for purposes of discussing strategy relating to
litigation. It was voted 5 - 0 by roll call vote - Mrs. Battin, Mr. Buse,
Mrs. Miley, Mr. Kent and Mr. Crain voting in the affirmative - to go into
Executive Session.
It was announced that the meeting would not reconvene in open session.
Meeting adjourned
Respectfully submitted
Robert M. Hutchinson, Jr.
Town Manager
-Y99
SELECTMEN'S MEETING
APRIL 9, 1979
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, April 9, 1979, 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, Banks, Assistant to the Town
Manager; Mrs. McCurdy, Executive Clerk, were present.
Chairman Battin opened the hearing on the petition of the New England Jt.Pole
Telephone Company and the Boston Edison Company for a joint pole location Hillcrest
on Hillcrest Avenue north of Circle Road. Notices of the hearing were Avenue
sent to the abutters and filed with the Public Works Department.
Mr. Roland Pinault, representing the Telephone Company, and Ms. Carol
Clinton, representing the Boston Edison Company, were present. Mr. Pinault
said that they are in the process of doing new work in the entire area and
this pole is necessary to eliminate excessive cable span.
Chairman Battin read a report from Mr. Warren Empey, Acting Director
of Public Works, recommending approval of the petition. No one appearing
in favor or in opposition, Chairman Battin declared the hearing closed.
Upon motion duly made and seconded, it was voted 4-0;to:_grant permission
to the New England Telephone Company and the Boston Edison Company for the
following joint 'pole location - Mr. Crain abstained because of conflict of
interest:
Hillcrest Avenue: on the easterly side, approximately 125+ feet
north of Circle Road, one (1) Pole 112/8A.
Chairman Battin opened the hearing on the petition of the New England Pedestal
Telephone Company for the installation of conduit on Bow Street and Cliffe Conduit
Avenue, and pedestal terminal and manhole on Bow Street. Notices of the Bow St.
hearing were sent to the abutters and filed with the Public Works Depart- Cliffe
ment. Mr. Roland Pinault, representing the Telephone Company, was present Avenue
and informed the Board that they will be running a conduit from the first
pole in off Massachusetts Avenue, will go underground from that location,
under the railroad tracks to the pedestal location at the intersection.
From this intersection, we will be running two sections up on Cliffe Ave.
and across the street and, across the street, two sections on Bow Street.
When all of the new cables are in and the work is completed, the aerial
portion from the Mass. Ave. pole to both of those poles on Cliffe and Bow
Street will come down. The distribution will be through the underground
system in through the pedestal and the terminal facility, which we will
be placing on town property at the intersection. We have reviewed this
with the Public Works Department.
Chairman Battin read a report from Mr. Warren Empey, Acting Director
of Public Works, stating this is a serving area concept necessary to
establish a feeder route and eventually eliminate overhead wires within
the area. The pedestal terminal box shall be approximately 4'8" in height
and landscaped to the satisfaction of the Lexington Tree Warden. Since
the petition appears to be in order, we recommend it be approved.
Mrs. Miley asked about the width and Mr. Pinault showed a picture
of a 40" wide x 54" high pedestal.
sao
Elks Club
Hours
Permits-
Bike-a-
Thons
Permit -
Parade
Minutes
Cary
Hall
Lobby
Art. 56-
Burglar
Alarms
Art. 57 -
Drainage
By -Law
Acting
Chairman
Solid
Waste
Report
Selectmen's Meeting
- 2 - April 9, 1979
Mr. Busa said this would eliminate some Telephone Company overhead
wiring and he wondered if Boston Edison had plans to go underground 33i:
the<futurs:? Ms. Carol Clinton, Boston Edison representative, was present
and said she would check it out.
No one appeared in favor of thepetition.. Mr. Anthony Marques,
22 Bow Street, said the pedestal is not going to be on his property
but he would like to see a plan.
Upon motion duly made and seconded, it was voted to recess the
hearing until later in the evening after Mr. Pinault had discussed
the plan with Mr. Marques.
The Board voted to approve the following agenda items:
Upon motion duly made and seconded, it was voted to approve an
earlier opening at 11:30 a.m. under the Elks Club liquor license on
Wednesday, May 9, for a function to be held from 11:30 a.m. to
2:00 p.m. (approved opening is 5:00 p.m.)
Upon motion duly made and seconded, it was voted to grant permission
to the Arlington High School and the Lexington Educational Association
to conduct Bike-a-Thons on Sunday, April 29, 1979 at 1:00 p.m.
Upon motion duly made and seconded, it was voted to grant permission
for the Youth Baseball parade on Saturday, April 28, 1979.
Upon motion duly made and seconded, it was voted to approve the
minutes of Selectmen's meetings of April 2, 1979 and March 28, 1979.
Board members were unable to attend a meeting of the Newton Ad Hoc
Committee on Middlesex County on April 10, 1979.to be held in Newton.
Upon motion duly made and seconded, it was voted to grant permission
to the Senior Scout Troop 844 to sell cookies in the lobby of Cary Hall
before and during the Town Meeting on April 9, 1979.
The Board briefly discussed Article 56 -Burglar Alarm By -Law amendment
and it was agreed that more information is necessary. If notice for recon-
sideration is. made at Town Meeting, the recommendation will be to refer
back to the Board of Selectmen.
The Board agreed to invite the Building Commissioner to thn:rt&t±ng
on April 17 for a report on Article 57 -Drainage By -Law.
Chairman Battin said that she would be out of town for the Patriots'
Day weekend and recommended that the Board vote an Acting Chairman for
that period.
Upon motion duly made and seconded, it was voted to appoint Selectman
Alfred S. Busa as the Acting Chairman of the Board from 9:00 a.m. on Friday,
April 13, to 4:00 p.m. on Tuesday, April 17, 1979.
The Board agreed to schedule a meeting on Wednesday, April 18, at
7:30 p.m. to discuss the Solid Waste Committee Report with the Appropria-
tion Committee, the Capital Expenditures Committee, and the Solid Waste
Committee.
It was also agreed to recommend to the Moderator that a recess be
declared at the Town Meeting session of April 23 in order to conduct an
informational meeting on solid waste.
Selectmen's Meeting
- 3 - April 9, 1979
Attorney Frederick Conroy and Mr. Paul Sullivan, Vice President of Transporta-
Transportation Management Corporation, met with the Board. Mr. Hutchinson tion
said that the fitm had notified the Board of Selectmen on March 23 of a Management
change in the rate structure, effective April 1, from $9.00 to $11.00 Limousines
for the first person transported from:`.mach:.atop by limousine between
Lexington and Logan Airport. The Board would like information in order.
to give approval or disapproval of the structure.
Mr. Cohen said that the regulations say that a reasonable rate
may be charged, and the Board felt when that approval was originally
given ($9.00) they :were'xeshonalsie,:rates:r_::
Mr. Busa said it would be nice if we could all have an increase
of 221 percent every threemonths; it is a little extraordinary for
the Board to approve. The Board agreed. Mr. Busa asked Mr. Conroy
if he could substantiate the increase?
Mr. Conroy said that since Transportation Management started the
linousine service, Massport is charging them 5 percent of their taxicab
fare; 5 percent is levied by Massport against Transportation Management,
which Was not an expense they had when they initiated the business nor
had they anticipating having. Five percent alons is now going to Massport
under the contractural agreement that they have had to sign with them.
Gasoline costs have increased 12 cents a gallon -since Transportation
Management started the service, which is a 20 percent increase. The
average taxicab fare from Logan to Lexington right now is about $17.00,
depending on what part of Lexington you come from. So the increase
they notified the Board about was based upon their increased costs, and
it is not an attempt to increase income just to line the pockets of the
operator; it is reflecting an actual increase in costs. Town Counsel
refers to the rules and regulations with respect to rates of fares on
limousines, and what it does say is "the rates shall be fair." It
doesn't say who is going to set the rates or how you determine whether
they are fair or not. The notice from Transportation Management to you
of their proposed increase was done so you would be .informed. He did
not know who decides what is fair and what is not fair but he thought if
we can agree it is fair, fine, that ends the problem right there.
Mr. Crain asked if the 5 percent from Massport was a new tax levy
that was just instituted that no one else had ever had?
Mr. Conroy said in order to have any kind of parking facilities at the
airport for the vehicles, you have to sign a contract with the Massport
Authority and they are levying 5 percent of the fare.
Mr. Crain said his question is how long have they had that procedure?
Mr. Conroy didn't know; they didn't have it with Transportation Management
when the limousine service was approved or when they started the operation
it must have occurred subsequent to that.
Chairman Battin said that Mr. Crain is asking if other companies have
it so you knew it was likely to be imposed?
Mr. Conroy asked Mr. Sullivan, who said they didn't have any vehicles
at the airport.
Mr. Crain said that his point is in the research of this concept, it would
seem that one should have uncovered that this levy would occur. It doesn't
seem to be information that would be hard to ferret out as a known business expense.
Sot
Selectmen's Meeting
- 4 - April 9, 1979
Mr. Conroy said they didn't know about it. You could say they should
have known about it; in that event, they would have had a higher rate when
they were starting up and it wouldn't have been reflected as -an increase as
it does now.
Mr. Busa, said he was led -to believe that Transportation Management is now
parking at Logan Airport as a standby situation or is it a phone call service
from the Town of Lexington into Logan and vice versa.
Mr. Sullivan said if we have to go in and pick up somebody at Logan,
if we park there without a parking permit - say your flight was delayed
for a half hour, we actually have a choice of whether we receive a $7.00
ticket from_the state police or to parkin the signed parking place at
the terminal; the $7.00 tickets are outweighing the 5 percent to be quite
honest with you.
Mr. Busa asked if it is still by reservation service, and Mr. Sullivan
said it was.
Mrs. Miley said that as a business person, it seems unbelieveable
to her. You are not new at this business as Transportation Managerment
has been doing a big business for quite a while now. It seems incredible,
to continue what Mr. Crain and Mr. Busa said, that it never occurred to
you that..a cost you might have.
Mr. Sullivan said this was our first dealing with Massport.
Chairman Battin said that in business you anticipate what the costs
are going to be and you find out what is involved and this is what is
bothering the Board. In terms of who determines what is fair, it is
apparently that this is a decision of the Board of Selectmen. If so,
what is the Board's pleasure?
Mr. Busa said the only solution to what is fair - if they feel what
is fair and they impose such an increase, then the licenses are renewed
on May 1 and, at that time, we can make the determination of what is fair.
Chairman Battin askedif the Board wants to take it under advisement
now, not do anything about it now and wait until the licenses come up for
renewal on May 1?
Mr. Busa said we do not have any jurisdiction to determine what is fair
at this point in time. Chairman Battin said that there are rules and regula-
tions.
Mr. Cohen said he had misunderstood; he thought the Board was suggesting
that the fare increase go in and when the renewal came up, a determination
could be made from the reaction of people to it. You are the licensing
authorityand at that point when they come back, ydeu-".could determine then.
It is not a taxi service, it is a reservation, which seems to be different
than a taxi. When the rules and regulations were written, nobody had this
particular type of service.
Mr. Kent asked about the 5 percent item. In the light of a sometime
necessity of parking in terms of meeting reservations, that Massport im-
poses an across-the-board 5 percentrequirement so that coming either say
the company is required to report regularly to Massport as to the dollar
volume, and is charged a 5 percent figure based upon that report, i.e.
a tax report?
Mr. Sullivan said that it was; it is a tax to be able to go in there.
1
Selectmen's Meeting
- 5 - April 9, 1979
Mrs. Miley said she preferred to make a decision within a month;
to look at it until then.
Upon motion duly made and seconded, it was voted to request the
Town Manager to look into the matter more fully and by May 1 to make
a decision to grant the increase or amend the regulations.
Mr. Kent added that there is nothing of an authoratative character
from the Board tonight.
Mr. Conroy and Mr. Sullivan retired from the meeting.
Mr. Pinault and Mr. Marques came into the meeting to ddntiknndthhe
discussion of the Bow Street pedestal terminal. Mr. Marques said he
was in opposition, based on the photographs of the pedestal. They
have moved it into a more residential area and if it ware moved to
the other side of the street, it would be more in keeping with the
area. It is going to be 4 feet back from the road; there are
10 feet of grass -that is mowed by the town, and no trees.
Chairman Battin said that it was her understanding it would be
landscaped to the`. satisfaction of the tree warden.
Mr. Kent said in the light of the opposition to it, he would be
more comfortable with the opportunity to look at it.
The Board agreed and will inspect the area before another hearing
is set up.
Upon motion duly made and seconded, it was voted to table the
petition of the New England Telephone Company to install a pedestal
terminal at the intersection of Bow Street and Cliffe Avenue.
503
N.E.T.&T.Co
Bow Street
Pedestal
(cont'd from
Page 2)
Mr. Hutchinson recommended that the Board execute the. agreement Auditors -
with Arthur Andersen & Co. for an audit of the Town of Lexington's Arthur
accounts. Andersen
Upon motion duly made and seconded, it was voted to sign the
agreement with Arthur Andersen & Co., 100 Federal Street, Boston,
Mass., to:have the Town of Lexington's accounts audited for the
period of July 1, 1978 through June 30, 1979.
Mr. Crain said that Arthur Andersen made a commitment on the date
the audit would be finished and that the Management letter would be
available. He was very interested that this happens.
Mr. Hutchinson said that he will notify them of the commitment
and would state we would expect those dates to be met
Mr. Hutchinson recommended that the Board execute the lease Hinchey Rd.
for the Hinchey Road property, which the Board had approved. Lease
Upon motion duly made and seconded, it was voted to execute a ten
year lease between MBZ-Lexington Trust and the Town for the Hinchey
Road property .
Mr. Cohen said the Board had already voted to convey to the Hous- Scattered
ing Authority the lots on the scattered sites program, and he requested Sites Deeds
Board members to come in during the week to sign the deeds. The Board
agreed.
lay
Selectmen's Meeting
- 6 - April 9„ 1979
Executive Upon motion duly made and seconded, it was voted 5+=0 by roll call
Session vote -,Mrs. Battin, Mr. Buse, Mrs. Miley, Mr. Kent and Mr. Crain - to
go into Executive Session 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
7:58 p.m.
A true record, Attest:
,424
utive Clerk, Selectmen
SELECTMEN'S MEETING
APRIL 18, 1979
A regular meeting of the Board of
men's meeting room on Wednesday, April
Battin, Mr. Buse, Mrs. Miley, Mr. Kent
Town Manager; Mrs. Banks, Assistant to
Executive Clerk, were present.
Selectmen was held in the Select-
18, 1979, at 7:30 p.m. Chairman
and Mr. Crain; Mr. Hutchinson,
the Town Manager; Mrs. McCurdy,
The Solid Waste Advisory Committee, the Appropriation Committee,
the Capital Expenditures Committee, and Mr. Bruce Pollock, Manager's
staff, met with the Board.
Mr. Hutchinson said that the report on solid waste has been filed
and constructive questions have been raised by various interest groups
who are conducting independent studies by running their own figures
about budget costs vs. economic costs, and recycling vs. non -recycling.
Looking at the costs we have received regarding a "mandatory recycling
program," which he envisioned as viable only through trash collection,
he recommended the Board's consideration of including $244,000 in the
budget, based on the bids received. In this report, we have the over-
riding issue of giving the Board of Selectmen the right to make a com-
mitment of its tonnage to a resource recovery facility, and the only
immediate economic alternative is going to be the Northeast facility
proposed for construction by UOP, Inc. in North Andover. At this time,
there is only one existing resource recovery facility in the State and
that is in Saugus; UOP is the next proposal, which is based on a com-
mitment of tonnage; 128 West has just received proposals and as the
information comes in, we can make that available to the Selectmen.
The long-range solution would give the Selectmen the right to commit
the town's tonnage to whatever facility is in the best interests of
the town in the near future, based on the deadlines placed upon us by
the State, and in our opinion that decision would be for UOP and the
Northeast facility. Certain decisions have to be made about mandatory
recycling because the Town Meeting requested that a mandatory recycling
proposal be brought forward. Mr. Hutchinson recommended not having
mandatory recycling as he felt that people are not ready to participate
in it, but to continue with a recycling program under the trash collection
system. There are economic and budget costs addressed in the report re-
lating to that. He would strongly counsel against a recycling program
as recommended by people at the last Town Meeting, which calls for the
administration literally stopping people at the landfill and having them
open their trash; this is not enforceable and almost impossible to admin-
istrate.
Solid
Waste
Report
scoi
Selectmen's Meeting
- 2 - April E8, 1979
Mr. Hutchinson said that the recommendation is predicated on the
continued operation of the landfill and we are working on an operating
closure plan with Whitman & Howard to look at how much time we have
left at the landfill. From where we are now and working out to the
shed, we have 1+year left; going out to Hartwell Avenue, consistent
with state guidelines, we would hopefully have two to three years
and tie in with any long range solution the town embarks upon.
Tomorrow evening, we are going to a meeting in North Andover on
costs and alreview of progress with other communities.
Mr. Buse said he realized we would have to go to trash pickup
and at some point in time the dump would be cased, but we should not do
it until we have a time certain to go to North Andover and close the
dump. If we have three years, we":Shoulda_have'ahkgeyears of the same
participation as it would cost the town money. It would not be cost
effective. A figure not in the report was the "buy back" of the
garbage contratract, which is 15 percent of the contract for the
first year and 10 percent for the following year. Also, there is no
provision for businessmen's trash; they are a large part of the tax-
payers and some consideration should be given to them. He would not
support it this year, and next year he would look at it again.
Mr. Hutchinson's answers to Mr. Kent's questions were:
1. The low bidder proposed pickup on Tuesday, Wednesday,
and Thursday. If people miss the pickup, they may go
to the landfill.
2. Solid waste in one bag or in three separate compart-
ments; it is assumed garbage would be wrapped; up to
six bags curbside.
3. Garbage containers are not to be serviced.
4. The program is designed to keep the landfill open
five days a week.
Mr. Hutchinson gave information on UOP: The main plant is in
Chicago, with other plants in Harrisburg, Europe and Japan. Itn s
a German system called the Martin System, which is a conversion of
steam to electricity.
Mr. Bailey, Solid Waste Committee, said that the one thing
that":.convinced him was that the UOP process has no intermediate
stage; it goes from trash to electricity out. UOP has demonstrated
in the European plants that they can do it and can do it here by
transferring the technology and causing it to come off successfully
by making allowances for the quite different heat values in the
trash we generate here.
Resco was not recommended by the Manager and the Solid Waste
Committee, (a) the plant is not prepared to handle American waste
or the high intensity of the heat which is generated; (b) It is
too expensive-$15/ton just to take the rubbish; Lexington would
have transportation costs; non -controllable escalation factor;
Mr. Reilly, Chairman of Solid Waste Committee, said that the
basic point of discussion is the commitment to the resource recov-
ery facility.
(N'
c
/..
Selectmen's Meeting - 3 - April 18, 1979
Mr. Hutchinson said that UOP would build a plant for 1800-3000 +kaas
a day and they are talking about dealing with towns in New Hampshire,
this region, and others.
Mr. White, Chairman of the Appropriation Committee, said that it
would take about 32 towns besides Lexington to support it if you fig-
ure 56 tons a day from Lexington. If 6 towns were reasonably, close
and others were considering the proposal, how realistic is the June 30
deadline?
Mr. Hutchinson replied that it isn't that realistic and he could
not tell him they are going to have 32 towns by July 1. We are recom-
mending that we be one of the first and the Selectmen be given the
capacity to make that decision. It is a very complex issue and we
are going to give Town Meeting eerything that we can before you give
that decision.
T that are ready to sign would have 350-400 tons; towns with
warrant articles for commitment would add another 950 tons, and the hard
cell towns would bring it over the top. The agreement would be for a
20 -year commitment with a guarantee of a certain tonnage, with a fixed
cost tied to the consumer price index.
Mr. Busa said that the consumer price index would be over 8 percent
this year and can escalate as much as 15:percent. We should come up
with a 1 -year contract with some means of escalation other than the
consumer price index.
Mr. Crain said that the consumer price index is broken into com-
ponents and, in negotiations, he hoped we could agree on the relation-
ship of a reasonable lead time to components related to the facility,
not the total index.
Mr. Hutchinson said this is one of the issues that is being ad-
dressed right now and could be pursued further with UOP at Town Meeting.
Mr. White said that the major concern is net costs and we don't
have a handle on net costs for FY 80. We are trying to see what the
realistic impact on the tax rate will be, and it looks like $159,000.
Mr. Hutchinson said this is the only proven technology at this time
and nobody has come up with anything. In the interim, you have a problem
that has to be resolved.
Mr. Bailey added that they don't see anything happening for the
next 10-15 years. Ta answer Mr. White's question if an escape clause
could be built in, the key thing is in order for financing to be re-
ceived, UOP has to have some long term commitments; if you have leaky
agreements, they are going to have trouble getting financing.
Discussion was held on the $80,000 piece of DPW equipment in-
cluded in the budget figures and the garbage collection figure of
$72,000. Mr. Hutchinson said that the proposal is to pick up garbage
as part of curbside collection. His recommendation to the Board is
to put in $244,000 (new money) and he did not touch the $72,000
because of the variable of whether this would even be approved by
the Town Meeting.
Sol
J18
Selectmen's Meeting - 4 - April 18, 1979
Mr. Cataldo, Appropriation Committee, asked questions about the
difference in the present operation and the proposal, and Mr. Pollock
answered his questions by a breakdown of FY 79 costs for the solid
waste disposal program -$325,170, and future disposal system options
and cost estimates -$258,000 ($244,000 plus $14,000 penalty), which
did not include $72,000 for garbage collection. The proposal in-
cludes all residential dwellings of 4 units or below; does not in-
clude apartments or condominiums; once a week mixed garbage pickup.
Housing for the elderly/public facilities are referenced for pickup
and the Manager has the right under the contract to expand services
to certain areas,with the approval of the Board of Selectmen.
In response to Mr. Cataldo's question if any bids were taken
including commercial pickup, Mr. Hutchinson said there were none;
we designed the specifications based on practice in most communities.
Mr. Cataldo said that businesses would pay 24 percent and get
nothing. They would be willing to pay their share to have it picked
up like everybody else; commercial people should not be excluded.
The Manager is to get a figure for including commercials and
information on what other communities do.
Mr. Buss asked for figures to pick up trash in Lexington as long
as the landfill is open.
Mr. Karsten Sorenson, Vinebrook Road, presented alternate pro-
posals and requested that the Board seriously consider a program of
dropping the curbside pickup of recyclables and go into a mandatory
separation system at the sanitary landfill. If the article is voted,
you are locked in for 20 years. He did not agree with the Town Manager
and said that people realize there is a real savings of $300,000 if you
get 80 percent participation, as Marblehead does.
Mrs. Miley painted out that Marblehead is saying they have 50 per-
cent participation. She did not agree with Mr. Sorenson's recommenda-
tion for individual companies that pick up around the town to be charged
an extra fee if they chose not to recycle; if so, it would be expected
that any citizen who did not choose to recycle would be charged. Then,
it would almost get out of hand.
The Board agreed to discuss with the Town Moderator the possibility
of recessing a Town Meeting session for an informal dialogue, and then
vote on solid waste at the next session.
The Solid Waste Committee, Appropriation Committee, Capital Expendi-
tures Committee, and Mr. Pollock retired from the meeting.
Mr. Peter DiMatteo,.BtiiidingtComMdssioner, met with the Board to
discuss Article 57 -Drainage By -Law. Mr. Buss expressed his reservations
about the Article, (1) the authority giving the Building Commissioner
the latitude to come up with a solution for drainage for each individual,
whether builder or resident of the town, is too broad and, in his opinion,
would only create problems for the town and the Building Commissioner, as
he is the person making the judgment of how the drainage would be solved
on each individual parcel of land or subdivision -in the town; (2) there is
no cut specification of what the drainage program would be. He knew of
other towns that have a similar by-law and it becomes very sticky and
very argumentative, and the only solution for the homeowner dr developer
is the court or the Board of Appeals. In talking with Town Counsel, the
possibility is to go to the Board of Appeals. He had full faith in Mr.
DiMatteo but if he should leave we might -have one who is not sensitive
to the problems. Once an alteration is made in a piece of property,
X09
Selectmen's Meeting
- 5 April 18, 1979
a situation for the Building Commissioner to solve a drainage probkem.
In the construction of a home, you should have X number of degrees of
runoff from the foundation to the property line. If you are near a
catch basin, you can run off to a catch basis. If a slope is greater
than a certain percentage, dry wells of some size should be constructed
or a swale should be constructed to run into a catch basin, to the edge
of the road, to something. There is nothing specific.and there should
be specifications for people to look at.
Mr. DiMatteo said that the telephone calls on water problems with
faulty basements, improper grading, etc. are quite substantial and there
is nothing I can do as it is a civil matter.and_the great expense to tax-
payers can be a problem. The building code is limiting to me in the
jurisdiction of what I can do. During the construction procedures, I
can regulate how water is affecting the abutters but as soon as that
construction is finished and they put in the lawn and seed, I have no
control over how they grade the property, what they do to the abutters,
etc. Mr. Busa's concerns are well taken but i keep getting calls to
protect the homeowners. I think the by-law could be workable, and if
my:Isuccessor is not reasonable, then the by-law could always be revoked.
Mr. Crain asked for information on other communities; whether there
was such an article and whether it had been withdrawn.
Mr. DiMatteo said that he couldn't find communities that did have
it but he would work on it and get the information to the Board.
Mr. Busa felt that something could be worked into an article to
give the guidelines.
Mr. Hutchinson agreed that toehave the information for the Board.
Mr. DiMatteo retired from the meeting.
The Board approved Mr. Hutchinson's recommendations, as follows:
Upon motion duly made and seconded, it was voted4to award Contract Contract
#78-5-E to the lowest bidder, Crowlet Associates, Inc. of Leominster #78-5-E
forsanitary sewer construction in the amount of $346,910.00, subject Sewer
to the approval of Town Counsel as to bid form.
Mr. Crain abstained because of a personal relationship.
Upon motion duly made and seconded, it was voted to approve an Contract
increase from $409,750.00 to $455,000.00 for Contract #77-5-E, awarded #77-5-E
to-JFP Construction, Inc., Littleton, for sanitary sewer construction
in various locations, as authorized under Article 19 of 1978 -sewer
bonding.
Upon motion duly made and seconded, it was voted to approve the Symmes
request of the Symmes Hospital Community Relations Department to con- Road Race
duct "Run for Symmes" races on Saturday, May 12, 1979, with a rain
date of May 13, from the Arlington Heights line to Tower Park from
9:00 a.m. to 3:00 p.m., as outlined in a letter of April 12, subject
to the regulations of the Police, Public Works Department, and the
Fire Department.
Sf4
Selectmen's Meeting
- 6 - April 18, 1979
Upon motion duly made and seconded, it was voted 5e0 by roll call
vote e,Mrs. Battin, Mr. Busa, Mrs. Miley, Mr. Kent and Mr. Crain -
to go into Executive Session for the purpose of discussing real estate
negotiations 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
11:26 p.m.
A true record, Attest:
4E ecutive Clerk, Selectmen
SELECTMEN'S MEETING
APRIL 23, 1979
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, April 23, 1979, at
7:00 p.m. Chairman Battin, Mr. Buse, Mrs. Miley, Mr. Kent and Mr. Crain;
Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Mrs. Banks, Assist-
ant to the Town Manager; Mrs. McCurdy, Executive Clerk, were present.
The Board discussed the appointment of an alternate on the Hanscom Fld.
Hanscom Field Advisory Committee and approved Mrs. Miley's recom- Advisory Com.
mendation of Mrs. Jacqueline Smith, 49 North Hancock Street. Alternate
Upon motion duly made and seconded, it was voted to appoint Member
Ars. Jacqueline Smith as an alternate representative of the Town
of Lexington on the Hanscom Field Advisory Committee.
The Board appointed members of the Town Celebrations Committee. Town Celeb.
Upon motion duly made and seconded, it was voted to appoint Com. Appts.
Ms. Dawn Brenchick, 48 Lincoln Street, a member of the Town Cele-
brations Committee for a term expiring April 30, 1982; to re-
appoint Ms. Karen M. Gaughan, 32 Liberty Avenue, and Mr. Paul W.
Jenkins, 19 Childs Road, for ateema expiring April 30, 1982.
The Board approved the following agenda items:
Upon motion duly made and seconded, it was voted to approve
the request of the Lexington High Student Leaders to sponsor the
Run for Life race on May 19, 1979 td raise funds for the American
Heart Association.
Upon motion duly made and seconded, it was voted to approve
the change in date from April 29 to May 20, 1979 for the Lexington
Education Association Ride -a -Bike race.
Road Race
Bike-a-Thon
Upon motion duly made and seconded, it was voted to grant per- Buckman
mission to the Lexington Field & Garden Club to use the Buckman Grounds
Tavern lawn for the annual plant sale on May 30 from 10:00 a.m. to
12:00 Noon.
The Board had no objection to the Masterworks Chorale conduct-
ing an auction at the First Baptist Church on Saturday, May 19, 1979.
Flyers would be distributed and a member would walk with a sandwich
type sign through the business district on Saturday.
Upon motion duly made and seconded, it was voted to approve the Minutes
minutes. of Selectmen's meetings of November 20, November 27, 1978;
March 21, March 26, April 4, 1979.
d22
Auctioneer
Selectmen's Meeting
- 2 - April 23, 1979
Upon motion duly made and seconded, it was voted to sign the
Auctioneer licenses for Allen C. Lannom, 35 Webster Road;'Arnold Clickstein,
318 Lincoln Street.
Taxi Upon motion duly made and seconded, it was voted to sign the Taxi
Licenses licenses for nine taxicabs owned by the Arlex Taxi Corporation d.b.a.
Lexington Cab Company, expiring May 1, 1980; inspections had been made
by the Police Department.
Abatement
1 -Day
Liquor
Executive
Upon motion duly made and seconded, it was voted to approve the
request of the Acting Director of Public Works to abate the water bill
sent in error to J. T. Hourihan, 22 Butler Avenue, $11.25.
Upon motion duly made and seconded, it was voted to sign the 1 -Day
liquor license for an employee party at W. R. Grace on April 26, 1979.
Upon motion duly made and seconded, it was voted to accept Mr.
Hutchinson's recommendation to execute the Hancock Street Chapter 90
agreements, subject to review by Town Counsel.
Upon motion duly made and seconded, it was voted 5-0 by roll call
vote - Mrs..Battin, Mr. Busa, Mrs. Miley, Mr. Kent, Mr. Crain - to go
into Executive Session, with no intention of resuming the open meeting,
for the purpose of discussing the sale of real estate.
After discussion, it was voted to go out of Executive Session.
Upoa-motion duly made and seconded, it was voted to adjourn at
8:05 p.m.
A true record, Attest:
'Executive Clerk, Selectmen
SELECTMEN'S MEETING
APRIL 29, 1979
A meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Wednesday, April 25, 1979, at
7:00 p.m. Chairman Battin, Mr. Busa, Mrs. Miley, Mr. Kent; .:.Mr.:aButch-
inson, Town Manager; Mr. Cohen, Town Counsel; Mrs. Banks, Assistant to
the Town Manager; Mrs. McCurdy, Executive Clerk, were present.
Mr. Crain was absent.
Mr. Kent discussed Article 24 -road machinery. The original motion
read $79,500 :ta be.raised in the tax levy and it was changed to $69,200
with $10,200 from the Gilmore Trust Fund. He agreed with the Ton
Treasurer that trust funds should not be used for a piece of equipment
for the cemetery. Therefore, Mr. Kent recommended that the motion -re-
tn_the_original figure of $79,500.
After discussion, it was agreed to table the matter pending a re-
port from Mr. Busa.
The Board agreed to defer discussion on Article 57 -Drainage By -
Law until Mr. Crain returns.
Mr. Grush, Chairman, and Mr. McWeeney of the Board of Assessors,
Mr. Wenham, Town Assessors, Mr. White, Chairman, Mr. Perry, Mr. Hall,
Mr. Cataldo of the Appropriation Committee met with the Board on
Revaluation.
Mr. Grush said that four bids were received for doing the revalua-
tion of the town: Systems Technology; Cole-Layer-Trumble, with an
alternate bid; McGee & Magane; Patten Associates, with an alternate
bid. Systems Technology was the low bidder; it is a small concern
relatively untried. Cole-Layer-Trumble is:a national concern owned
by United Appraisal; they did the revaluation of the town in 1961
and we were satisfied with the job they did. McGee & Magane is well
known in Mass. and has done a lot of towns. Patten Associates is a
new company created by the corordinator in charge of Cole-Layer-
Trumble work. We need time to explore the bids and evaluate them
carefully; therefore, we do not feel comfortable making a recom-
mendation at this time.
Chairman Battin said that in essence we will not be voting a firm
we will be voting an amount at Town Meeting and it will cover the
most promising of these bids; as we look at them, that figure ought
to be $240,000. ($236,00 plus $3,000 for personal property)
Mr. Grush agreed and said that the Board of Assessors will be
submitting a complete report to the Selectmen.
Art. 24
Motion
Art. 57 -
Drainage
Art. 33
Revaluation
S1 it -
Selectmen's Meeting
- 2 - April 25, 1979
Art. 43- Mr. Hutchinson informed the Board that a settlement had been
Conserve. made this morning, consistent with the conservation bonding authori-
zation, in the amount of $200,000 for 1215 acres of land on Revere
Street owned by Mr. Tropeano.
Mr. Busa said that he had questions to be answered; Mr. White
thought the price was high at $16,000 an acre, but the Appropriation
Committee must submit a report.
The Board agreed not to bring up this Article at Town Meeting
tonight.
Upon motion duly made and seconded, it was voted to adjourn
at 7:55 p.m.
A true record, Attest:
. A�
ecutive Clerk, Selectmen
1
5/5
SELECTMEN'S MEETING
APRIL 30, 1979
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, April 30, 1979, 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.
Mrs. Mary Shunney, Chairman, and Mr. Temple Scanlon, Director Moratorium
of the Housing Authority; -Mrs. Iris Wheaton, representing the Tax Title
Planning Board, met with the Selectmen.
Mrs. Shunney recommended an extension of the moratorium on the
sale of tax title lots tus:enable::the Authority to complete all trans-
actions on the scattered sites lots. Mrs. Wheaton informed the Board
that the Planning Board feels that the list of tax title lots located
throughout the town should be reviewed, particularly the individual
lots which may be buildable and, in some cases, those which may be com-
bined with an abutting town -owned lot to provide an area suitable for
building.
The Board agreed that the list should be reviewed and a joint
meeting will be held prior to June 15.
Upon motion duly made and seconded, it was voted to extend the
moratorium on the sale of tax title lots from May 1, 1979 to June -15,
1979.
Mr. Cohen requested the Board to sign the deed on the Curtin lot. Curtin
Upon motion duly made and seconded, it was voted to sign the deed Lot -
conveying Lot 225 Spring Street to Dean H. Curtin, Trustee et als. Spring St.
for $5,000, subject to easements and restrictions of record, if any,
only insofar as the same are now in force and applicable.
The Board briefly discussed nominees for appointments as Trustees. Appts.
Upon motion duly made and seconded, it was voted to appoint Mr. Trustees
Frank T. Parrish, Jr., 5 Juniper Place, a Trustee of Public Trusts
to fill an unexpired 6 -year term to May 31, 1982; to appoint Mr.
Parrish a Trustee of the Bridge Charitable Fund for a 3 -year term
expiring May 31, 1982.
Upon motion duly made and seconded, it was voted to approve the Minutes
minutes of Selectmen's meetings held on April 8, April 18, and
April 23, 1979.
Upon motion duly made and seconded, it was voted to approve the
request for a Bike Ride for Diabetes on Sunday, May 20, 11:00-4:00 p.m.
with a rain date of June 3.
Bike Ride
Selectmen's Meeting - 2 - April 30, 1979
Art. 43 - Chairman Battin asked for the Board's position on Article 43-
Tropeano acquisition of land for conservation purposes on Revere Street,
Conserve. owned by Mr. Tropeano.
Upon motion duly made and seconded, it was voted unanimously
to support Article 43.
Patricia Mr. Hutchinson recommended that the Board vote an intent to
Terrace take a sewer easement.
Sewer Upon motion duly made and seconded, it was voted an intent
to take a sewer easement off Patricia Terrace.to service the property
owned by Mr. DiBacco, 5 Patricia Terrace, with an award of no damages.
Executive
Session
Upon motion duly made and seconded, it was voted 5-0 by roll call
vote - Mrs. Battin, Mr. Busa, Mrs. Miley, Mr. Kent and Mr. Crain - to
go into Executive Session, with no intention of resuming the open
session, for the purpose of discussing a real 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 7:50 p.m.
A true record, Attest:
Executive
Clerk, Selectmen
,r/7
SELECTMEN'S MEETING
.MAY 1, 1979
A meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Tuesday, May 1, 1979 at 8:00 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, Executive Clerk, were present.
The Board discussed Article 57 -Drainage By -Law. Mr. Busa recom- Art. 57 -
mended indefinite postponement at Town Meeting until guidelines are Drainage
received from the Manager's office; then, it can be addressed again By -Law
next year.
Questions were raised and it was agreed to defer until the
May 7 meeting, pending additional information from the Building
Commissioner.
The Board discussed the solid waste proposal. Mr. Reilly, Solid
Chairman of the Solid Waste Committee, said that the committee Waste
felt strongly that pickup and recycling were necessary and would
help with the tonnage; in addition, there has to be an educational
process to go forward. Mr. Otis Brown, 1 Militia Drive, requested
consideration of including the pickup of business trash with a
charge to each; this would mean a return to the town.
Mr. Hutchinson reported that the cost to include 354 apartments
and 267 condominiums would be approximately $7,000 -apartments and
$6,000 -condominiums. He recommended that $13,000 be added to the
base contract of $244,000, total of $257,000. He informed the
Board that the bidders have said it would be at least double the
base bid; or another $1.00 on the tax rate, to do the business
community. Their experience has shown that it is on a separate
fee system where they do business. The Board agreed that this
would..'reguire separate specifications.
Questions were raised and Mr. Hutchinson said that $257,000 will
mean 80 cents on the tax rate.
Chairman Battin and Mrs. Miley were in favor of Article 38 and
Mr. Busa, Mr. Crain were opposed; Mr. Kent was undecided at this
point and would listen.
Mr. Hutchinson is to write a memo to the Board with information
on using $750,000 from.E &_D to reduce the tax rate.
Upon motion duly made and seconded, it was voted 5-0 by roll call Executive
vote to go into Executive Session, with no intention of resuming the Session
open meeting, for the purpose of discussing 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 10:15 p.m.
A true record, Attest:
Executive Clerk, Selectmen
S/8
SELECTMEN'S MEETING
MAY 7, 1979
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, May 7, 1979, at
6:00 p.m. Chairman Battin, Mr. Busa, Mrs. Miley, Mr. Kent and Mr. Crain;
Mr. Hutchinson, Town Manager, were present.: Motion Wasrmade and seconded
and,it:was voted 5-.0 by roll call vote -.:Chairman Battin, Mr. Busa, Mrs.
Miley, Mr. Kent and Mr. Crain - to go into Executive Session for the pur-
pose of discussing strategy with respect to litigation, with the intention
of resuming the open meeting. At 7:00 p.m., Mrs. Banks, Assistant to the
Town Manager, and Mrs. McCurdy, Executive Clerk, were present.
N.E.T.&T.Co. Chairman Battin opened the hearing on the New England Telephone Co.
Conduit petition to install underground conduit and manhole work on Waltham
Street, Forest Street and Farmcrest Road. Notices of the hearing had
been sent to the abutters and filed with the Public Works Department.
Mr. Roland Pinault was present as the representative of the Tele-
phone Company and informed the Board that this project is necessary to
provide a new feeder route system in the area. Chairman Battin read a
report from the Public Works Department recommending approval of the
petition, with all excavations near existing trees on Farmcrest Avenue
to be done by hand, with prior notice being given to the Town Tree Warden.
No one appearing in favor or in opposition, the hearing was declared
closed.
Upon motion duly made and seconded, it was voted to grant permission
to the New England Telephone Company for the following location of conduit
and one manhole: Mr. Crain abstained because of conflict of interest.
Waltham Street on the easterly side, opposite Forest Street, one manhole
Forest Street #54/220; also, on the easterly side, from existing man-
hole #54/211 located approximately 315_+ feet north of
Forest Street, southerly 315+ feet to new manhole
#54/220, thence southerly 180+ feet to Point (A) where
conduit will be dead -ended for future use; also, from
said new manhole, westerly 60+ feet to existing manhole
#54/72, thence 30+ feet to Point (B) Forest Street where
conduit will be dead -ended for future use; also, on the
Waltham Street southerly side, from existing conduit at Point (D) south
Farmcrest Rd. erly 227+ feet to existing pole 91/2 Farmcreat Road.
Masspool Mrs. Joyce Hals, Transportation Advisory Committee, submitted a draft
letter on ride -sharing strategies.
Upon motion duly made and seconded, it was voted to support the Masspool
Program/Ride Sharing Proposal and to write to the Mass. Secretary of Trans-
portation urging the application for National Ride Sharing Demonstration
Program Funds.
Selectmen's Meeting 2 - May 7, 1979
Upon motion duly made and seconded, it was voted to approve the
minutes of Selectmen's meetings of April 25 and April 30, 1979.
Chairman Battin announced that the Board had voted in Executive
Session 4-1 by roll call vote - Mr..Crain, Mrs. .Miley, Mrs. Battin
and Mr. Kent in the affirmative; Mr. Busa in the negative - that
Town Counsel be directed to proceed with an appeal in the case of
McSweeney vs. Hutchinson, et als., and petition the Supreme Judicial
Court for direct review of judgment of the SuperiorCCourt.
Mr. Hutchinson recommended indefinite postponement at Town
Meeting this evening on Article 57 -Drainage By -Law. After talking
with the Building Commissioner, he does have some room within the
-code if he chooses to exercise it.
The Board concurred with the recommendation.
The Board agreed to defer until Wednesday evening a decision to
use $750,000 from E & D to reduce the tax rate, pending the Governor's
decision on tax capping.
The Board agreed to make the annual appointments on Monday,
June 4, when a full Board would be present. A letter of appreciation
is to be sent to Mr. George Wadsworth, Chairman of the Board of Appeals,
who would not be reappointed in accordance with the Appointment Criteria
Committee recommendation (adopted 1977) that a -full member of the Board
of Appeals who has served consecutively for the equivalent of two full
terms (10 years), or more, shall not be reappointed until after a lapse
of at least one year.
The Board agreed to meet briefly on Wednesday, May 9, immediately
following the Town Meeting Session, for the purpose of reorganization
and election of a Chairman.
Mr. Hutchinson requested the Board to sign a sewer contract
which was awarded on April 18, 1979.
Upon motion duly made and seconded,it was voted 4-0 - Mr. Crain
abstaining because of a peraania -relationship to sign Contract 78-5-E
awarded to Crowley Associates, Inc. of Leominster for sanitary sewer
construction in the amount of $346,910.00; Lowell Street from East
Street to Thoreau Road, Waltham Street from Grapevine Avenue to Worthen
Road, Wadman Circle, Allen Street from Waltham Street to Stedman Road,
Boulder Road, Patricia Terrace and Pleasant Street. Authorization is
contained in Article 19-1978; Article 19-1977; Article 20-1976.
Mr. Hutchinson requested approval of the use of the Visitors'
Center Lawn.
Upon motion duly made and seconded, it was voted to grant per-
mission to the Lexington -based New England Wood Carvers Organization
to conduct the annual exhibit on the Visitors' Center lawn on June 23
and June 24, 1979.
Minutes
McSweeney
Art. 57 -
Drainage
By -Law
Tax Caps
Annual
Appts.
Bd. of
Appeals
Date for
Reorganiza.
of Board
Sewer Contr.
78-5-E
Visitors'
Center Lawn
Permit
J
Revalua-
tion
Article
Transp.
Manage-
ment
Limousines
Selectmen's Meeting - 3 - May 7, 1979
Mr. Hutchinson informed the Board that the Board of Assessors is
meeting with the Appropriation Committee this evening to discuss the'
recommended figure of $240,000 for revaluation of the town. The
Assessors did not accept the lowest bidder because there was no
demonstrated track record of that firm and it would not be in the
best interests of the town.
Mr. Hutchinson recommended that that the Board sign the ten
limousine licenses for the Transportation Management Corp. for a
period of 30 days, and arrangements will be made to invite TMC to
meet with the Board for a discussion of fees for transporting
passengers to and from Lexington and Logan Airport.
The Board agreed.
Upon motion duly made and seconded, it was voted to sign ten
limousine licenses for Transportation Management Corp., 1668 Mass.
Avenue, to transport passengers between Lexington and Logan Airport,
in accordance with an application filed with the Board of Selectmen
on October 30, 1978; licenses expiring June 7, 1979.
Upon motion duly made and seconded, it was voted to adjourn at
7:40 p.m.
A true record, Attest:
t .)ne
eeLsitr
Executive Clerk, Selectmen
Minutes of Board of Selectmen Organizational Meeting- May 9, 1979
The meeting was called to order by Mr. Hutchinson serving as acting
Clerk at'.11:08 P.M. Those present included Mrs. Battin, Mr. Busa, Mrs. Miley,
Mr. Kent, Mr. Crain, Mr. Hutchinson, Mr. Cohen, and Mrs. Banks.
Mr. Hutchinson opened the meeting and asked for nominations for Chairman.
Mr. Kent nominated Mrs. Miley. It•was:movedto close the nominations and
voted. Mr. Hutchinson called fot a vote on the nominations. Mr. Miley was
elected 4 to 1, with Mrs. Battin,-Ars. Miley, Mr, Kent and Mr. Crain voting
in the affirmative, Mr. Busa in the negative.
The meeting adjourned at 11:10 p.m.
Respectfully submitted,
W ,6144
Nancy H. Ba il s
Assistant to the Town Manager
521
1
1
SELECTMEN'S MEETING
MAY 14, 1979
A regular meeting of the: Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, May 14, 1979, at 7:00 p.m.
Chairman Miley, Mr. Busa, Mrs. Battin; Mr. Kent; Mr.Hutchlnsan,:Town.:danager;t,
Mrs.. Banks, -:Assistant to the Town Manager; Mrs. McCurdy, Executive Clerk,
were present.
The Board welcomed Mrs. Miley as the new Chairman.
The Board discussed and approved the application from the Lexington
Lodge of Elks #2203 to::conduct.Beano games on Tuesday evenings at 959
Waltham Street, pending clarification by Town Counsel of the Elks Club
qualification under the statute.
Upon motion duly made and seconded, it was voted to approve the
request of the Elks Club to conduct Beano at 959 Waltham Street on
Tuesday evenings from 7:00 p.m. to 11:00 p..m.
Upon motion duly made and seconded, it was voted to approve the
of Selectmen's meetings held on December 18, 20,1978; January 10;
May 1, 1979.
523
Elks Club
Beano Lic.
Minutes
Chairman. Miley read a letter of resignation from Mr. Sam Nablo. .Resignation
Upon motion duly made and seconded, it was voted to accept, with Town Report
regret,the resignation of Mr. Sam Nablo as Chairman of the Town Report
Committee.
Upon motion duly made and seconded, it was voted to grant the fol-
lowing reqests:
The Krebs Scheel Foundation for One -Day liquor license for benefit 1 -Day Liquor
dance at 453 Concord Avenue on Saturday, June 9 from 8:30 p.m. to 12:30 a.m.
Elks Lodge for the use of the Battle Freen for Flag Day cememonies Flag Day -
on June 14, 1979. Mr. Busa is to represent the Board. Battle Green
Lexington Bicentennial Band concerts on the Battle Green on Band Concerts
Thursday evenings, June 28 through August 23; Wednesday, July 4, 7:00 p.m.
Mr. John E. Osborn D.B.A. Colonial Tours, Concord, for Common Carrier Com.Carrier
license to conduct tours in Lexington. License
The Board had no objection to St. Brigid's Youth Group conducting Car Wash
a car wash at Depot Square on Saturday, May 19 or May 26 from 11:00 -
4:00 p.m., subject to permission being given for the use of private
property.-
Permit
Permit
VFW -
Poppies
EDCO
Lease -
Perker
School
Transfer
Conserve./
Sun Valley
Farm
Sewer
Charge -
Abatement
Kiln Brk.
Off.Park
Storm
Drain
Downing Rd.
Moon Hill
Sewer
Connection
Selectmen's Meeting - 2 - May 14, 1979
The Board approved the Town Manager's recommendations for the
following requests:
Upon motion duly made and seconded, it was voted to grant per-
mission to the Lexington Drama Club to set up a sandwich -type sign
on May 18 and May 19 at Wai ham Streetentrance`to the High School,
subject to the signs being removed before sunset each day.
Upon -motion duly made and seconded, it was voted to grant per-
mission to the Veterans of Foreign Wars to sell poppies through the
town on May 17, 18, 19, 1979, subject to the provision that the
Board's approval is necessary.
Upon motion duly made and seconded, it was voted to approve the
extension of the EDCO lease of the Parker School until July 1, 1979.
Also, to authorize the Manager to negotiate with EDCO regarding con-
tinued occupancy of the building.
Upon motion duly made and seconded, it was voted to approve the
request of Fire Chief Bergeron for a transfer, and to request approval
of the Appropriation Committee for a transfer from the Reserve Fund
to Account 4150 -Fire Department in the amount of $3,900.
The Board approved Mr. Hutchinson's recommendation that no action
be taken on the Conservation Commission's request for support of Sun
Valley Farm's application under the agriculture preservation restriction
program, pending additional information from the Conservation Commission.
Mr. Hutchinson ififormed the Board that the developers of Kiln Brook
Office Park are prepared to go forward with the construction on Hartwell
Avenue and he recommended the approval of the abatement of sewer charges
in lieu of betterments as the developer will be paying for the con-
struction of the sewer main, with no cost to the town.
Upon motion duly made and seconded, it was voted to approve the abate-
ment of a sewer charge in lieu of betterments in the amount of $7,296.83 to
Mr. Thomas Dupree, 1010 Massachusetts Avenue, Cambridge, Mass., for the
Kiln Brook Office Park located on Hartwell Avenue, Lexington.
Upon motion duly made and seconded, it was voted to approve the
request of Mr. Thomas J. Allen to connect his driveway storm drain
at 27 Downing Road to the storm sewer in Downing Road, subject to
the approval of the Public Works Department.
Mr. Hutchinson informed the Board that he is reviewing with the
Engineering Department the letter from Mrs. Elise Morehouse concerning
a sewer connection to service her home at 37 Moon Hill Road.
Selectmen's Meeting
- 3 May 14, 1979
Mr. Hutchinson discussed a letter from Mr. William Spencer, 32 Hancock
Street, stating "he understands from. the Planning Director that the Traffic
Safety Committee has been discussing the possible opening of the Hancock
Avenue -Camelia Place railroad crossing," and he requested information
relative to the matter for discussion at a future meeting of the neighbor-
hood. Mr. Hutchinson informed the Board that he would have to research
it more with the Traffic Safety Committee, but he pointed out that we have
made no provisions in this budget for any work that would bring that street
up to standards allowing it to be opened - and he would be opposed to doing
so. The. Board agreed that, in accordance with accepted policy, no request
had been generated from the Chairman or the full Board of Selectmen to the
Traffic Safety Committee for any investigation or recommendation in this
area. Therefore, as an advisory. committee to the Selectmen, the Traffic
Safety Committee: has no reason to undertake this project at this or any
other time unless so requested by the Board of Selectmen.
Chairman Miley informed the Board that she and Mr. Fred Rosenberg,
Chairman of the Transportation Advisory Committee, had attended a luncheon
in Sturbridge to accept, on behalf of the Town of. Lexington, a Clean Air
Award from the Massachusetts American. Lung Association. Lexington was
nominated for the award by the Executive Office of Transportation and
Construction for a series of transportation programs to provide alterna
tives to private automobiles and thus improve air quality; express bus
service to downtown Boston; suburban bus system between town and nearby
activity centers, partially subsidized by MBIA with town share approximately
$90,000; extensive bikeway planning to be shared locally between MDPW and
town; strong promotion of MBTA services and MASSPOOL, resulting in increased
ridership and ridesharing opportunities for local residents.
Mrs. Shunney, Chairman, and Mr. Scanlon, Director, of the Lexington
Housing Authority met with the Board to request a vote authorizing Chair-
man Miley to sign the amendment to Section 8 Housing Assistance Payments
Program Annual Contributions Contract. The Housing Authority held a
special meeting on May 9 to execute this contract. This will take care
of Section 8 funding of the additional fifteen units which have been
awarded to the Authority. At that time, the Board of Selectmen had voted
to support the application and this is the last step.
Upon motion duly made and seconded, it was voted to authorize Chairman
Miley to sign the amendment to the Section 8 Housing Assistance Payments
Program Annual Contributions Contract between the Lexington Housing Authority
and the Department of Housing and Urban Development.
Traffic
Safety
Conmzitte
-Camelia
Place
Lex.
Clean
Air
Award
Housing
Authority
HUD
Contract
Mr. Buse asked about the recent notice from the Mass. Department of
Public Works abandoning the State's interests in a parcel of land taken
in Lexington for the construction of Route 3.
Mr. Hutchinson said that the land was taken for public purposes and,
in his opinion, it is being given back to the town; there was no obliga-
tion to give it back to the owners. The law provides for this and we
applied for the use of three lots for public purposes for the Housing
Authority's scattered sites program.
Rte. 3
Land -
Mass.
D.P.W.
426
Selectmen's Meeting - 4 - May 14, 1979.
Route 3 Mr. Busa added that the former owner of part of the land claims
Land when the town took it from him for $1.00, if the land was not to be
(cont'd) used as a state highway, it would revert to him or his heirs. Mr.
Busa had asked him to produce such a letter.
Chairman Miley said that when the letter is received, we will
refer it to Town Counsel. Because the Housing Authority is involved,
Mr. Hutchinson offered to investigate the matter.and report back to
the Board.
Treasurer
Mr. Zehner met with the Board to request approval of renewing
two notes with the Old -Colony Bank and Trust Company. Also, for
approval of a-$795,000 bond issue for a 5 -year term.
Upon motion duly made and seconded, it was voted to authorize
Mr. Zehner, Town Treasurer, to renew notes for $70,000 and $274,000
with the Old Colony Bank and Trust Company at the existing rate of
5.04 percent, notes to mature on June 18, 1979.
Upon motion duly made and seconded, it was voted to approve a
5 -year term for the bond issue in the amount of $795,000.
On behalf of the Board, Chairman Miley thanked Mr. Zehner for
his astute financial negotiations which have benefited the town and
placed it in an advantageous rating position.
Executive Upon motion duly made and seconded, it was voted 4-0 - Mrs. Miley,
Session Mr. Busa, Mrs. Battin and Mr. Kent - by roll call vote to go into
Executive Session, with no intention of resuming the open meeting,
for the purpose of discussing real property and matters of possible
litigation.
After discussion, it was voted to go out of Executive Session.
Upon motion duly made and seconded, it was voted to adjourn at
7:50 p.m.
A true record, Attest:
4e/10~7 �.��41"Wr
cutive Clerk, Selectmen
sz 7
SELECTMEN'S MEETING
MAY 21, 1979
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building,. on Monday, May 21, 1979, at 7:30 p.m.
Chairman Miley, Mr. Busa, Mrs. Battin, Mr. Kent; Mr. Hutchinson, Town
Manager; Mr. Cohen, Town Counsel; Mrs. Banks, Assistant to the Town Manager;
Mrs. McCurdy, Executive Clerk, were present. Mr. Crain was absent.
Chairman Miley read a letter of resignation from Ms. Frayda T. Cooper. Resigna.
Upon motion duly made and seconded, it was voted to accept, with re-
gret, the resignation of Ms. Frayda T. Cooper, 50 Asbury Street, as a
member of the Transportation Advisory Committee. A letter of appreciation
is to be sent to Ms. Cooper, who has moved to Australia, thanking her for
her many contributions in behalf of the town while serving as a member of
the committee.
Chairman Miley read a letter from Mr. Roger Trudeau expressing his Traffic -
concern about potential traffic problems at Hartwell Avenue and Westview Hartwell
Street due to the development of a rezoned parcel of land in the area. Ave. Area
He requested the Selectmen, through the Traffic Safety Committee, to study
the present traffic situation and begin to take appropriate action to re-
solve not only the present congestion but also the increased congestion
which will occur during and after construction of the bank building.
Upon motion duly made and seconded, it was voted to request the
Traffic Safety Committee for preliminary consideration of potential
traffic problems which may arise in the Hartwell Avenue/Westview Street
area.
Upon motion duly made and seconded, it was voted to approve the
minutes of Selectmen's Meetings held on January 16, 17; May 7,(Execu-
tive), May 9, 1979.
Minutes
The Board approved the following requests for the use of the Permits -
Visitors' Center grounds: Visitors'
Upon motion duly made and seconded, it was voted to grant per- Center
mission to the Pilgrim Congregational Church to conduct a bake sale Grounds
on June 8 from 10:00 a.m. to 2:00 p.m.
Upon motion duly made and seconded, it was voted to grant per-
mission to the Painters' Guild of the Arts and Crafts Society to
conduct an art exhibit on September 29 from 10:00 a.m. to 4:00 p.m.
with a rain date of October 6, 1979.
Chairman Miley informed the Board that calls are being received
as to whether the town will celebrate Patriots' Day in 1980 on
Saturday, April 19, or the state holiday on Monday, April 21.
It was agreed to discuss the matter with the Town Celebrations
Committee and also be receptive to sentiment expressed by residents
before consideration is given to a celebration on Saturday.
Patriots'
Day, 1980
3.18
Committees
Selectmen's Meeting
- 2 - May 21, 1979
Chairman Miley asked the Board to give consideration to the establish-
ment of a charge to committees to be formed as a result of Town Meeting.
action. Board members agreed to workoon the following committees:
g
Insurance (o ittee:K rrut/Mana/ger sgufrficeffice.
Human Services: Mrs. Battin/Mr. Crain.
Ad hoc Health Committee: Mr. Kent/Mr. Page/Board of Health; Mr.
Kent informed the Board that plans are already underway and he
has met with Mr. Page; arrangements will be made to set up a
meeting with the Board of Health.within the next ten days.
Chairman Miley said that the Selectmen's annual appointments will be
made at the meeting on June 4 and nominees could be recommended on that
evening for appointment to the new committees. Mrs. Battin added that
appointments must also be made to an Energy Committee.
Mental Mr. Busa commented that the full Board of Selectmen had not been
Health notified of plans for the Commissioner of Mental Health to visit Lex-
Commr. ington. He asked for more information on the date, etc.
Mrs. Banks said that Lexington was one of the communities suggested
by the League of Cities and Towns for the Commissioner to visit and meet
with local government to see how we addressed human services and to what
extent we are involved in the services. She was contacted by the League
and, after meeting with a group of towns in the Mystic Valley area, it
was thought to be a good idea to have an elected official and one staff
member meet with the Commissioner. At that time, Mrs. Battin was Chairman
and now we would be working with Chairman Miley.
Mrs. Battin added that Mrs. Banks was notified as Lexington's repre-
sentative to coordinate human services; it is not to be an official visit
to meet all town officials but to look at a facility in each of the five
towns. It was felt there would not be the dialogue if there were too many
people there. Because of the pressures of Town Meeting, Mrs. Battin had
not sent a memo to Board members. Mrs. Banks said that the date of the
Commissioner's visit to Lexington was just changed to June 22. Mr. Kent
said that the visit is not until June and there is ample time for Mrs.
Banks and the Manager to work out the details. Chairman Miley agreed
and said there are communication difficulties at every town meeting time.
Pool Chairman Miley announced that a petition with approximately 1600
Referen- signatures for a referendum on the pool has been received. When we have
dum a full Board, we will have to set a date for the election and to sign
the warrant. Mr. Cohen advised that within ten days of the filing of
the petition, the Selectmen shall call a special meeting which shall
be held within fourteendays after the issuance of the call.
Upon motion duly made and seconded, it was voted to authorize the
preparation of notices calling for the referendum on the pool on Tuesday,
June 12, with a view to formally issuing that notice at a meeting to be
held on Tuesday, May 29, 1979, at 8:00 a.m.
Costs were discussed and Mr. Hutchinson estimated $7,000, including
the Town Clerk and the Selectmen's expenses.
•
Selectmen's Meeting - 3 - May 21, 1979
Fire Chief Bergeron met with the Board. Mr. Hutchinson requested a Transfer -
transfer of $1,800 in addition to the $3,900 transfer to the Fire Depart- Fire Dept.
ment authorized by -the Board on -May 14. These transfers are for problems 4150
with fire equipment. Chief Bergeron said that Engine 2 has front end,
brake and steering problems; Engine 3 needs a new brake job; Engine 4
a water tank. Mr. Busa recommended approval because of the safety factor
involved. Mr. Kent said that we ought to be on top of this during the
budget process and not have them appear at the end at -.the time of the
standard motor vehicle inspection period. Mr. Hutchinson said there is
a safety and operational dimension here and while we think we would be
in better shape next year because of better equipment, these things can
happen, especially with fire trucks.
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 4150 -Fire Department Expenses in the amount of $1,800.
Mr. Hutchinson requested a transfer of $8,000 to the DPW Road Transfer -
Machinery account due to the increased cost of fuel for vehicles and DPW 5450
the installation of back-up alarms and dump alarms in all motor trucks:.
which were mandated by the Registry of Motor Vehicles for this in-
spection period.
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 5450 -Road Machinery in the amount of $8,000.
Mr. Clifford Prentiss, Lexington Conservation/Recreation Director, Conserve.
met with the Board to discuss the application by Sun Valley Farm, located Sun Valley
on Lowell Street, under the new agricultural preservation restriction Farm
program, which is funded by the Mass. Department of Food and Agriculture.
The intent of the program is to maintain land in its natural state for
a period of "x" number of years, and the fee would be paid to the owners
for giving up development rights. They have $5 million and applications
for over $19 million have been received. The Conservation Commission
supports this program and this particular application as being part of
their land use plan for the community and in the best interests of the
town and regional agriculture. The Planning Board also supports the
program and the application.
Mr. Dennis Buse was present and said it is not an outright sale to
the state. He asked Mr. Prentiss to explain the ownership rights to
the Board. Mr. Prentiss said the owner is still Sun Valley Farm and we
simply have a restriction upon the land. The Conservation Commission
would be willing, with the Selectmen's support, to use Town'Counsel's
services in closing on this easement. We would be co -holders of this.
As it stands now, the state pays the restriction costs for the easement
and they oversee the restriction. Some towns are now putting money in
for Town Counsel services, which is not a great deal of money, so we
can be co -holders of it and can also monitor it. The owner can still
operate the farm, he can exclude the public and can erect fences or do
anything that is suitable under agricultural use. He can sell the land
to another individual or corporation, but the easement -goes with the land.
The owner still pays taxes to the town so there is no loss of tax revenue.
•
X30
Moon
Hill
Sewer
Ab at e-
ment
Burroughs
Sewer
•Fld. &
Garden
Club
Red Cross
Bldg.
Selectmen's Meeting - 4 - May 21, 1979
Mr. Kent asked about the advantage of Lexington being co holder of
the easement, and Mr. Prentiss said that some people have said they are
unhappy with the state exerting so much power at the local level, by
holding an easement over local farmlands, and the Commission felt it is
best to have the town also be a party to this. Mr. Kent said if the
state holds it and the town holds it, then as a practical matter, the
state has the control and one cannot make a change without the approval
of the co -holders. If there is some concrete advantage to have it,
he was not averse to a modest expenditure out of our legal fees' budget
but would like to have some indication of the value of that to the town.
Mr. Hutchinson said the form calls for negotiating what our level of
participation will be; whether we provide counsel or not - looking at
cost exposure - that is a subject of negotiation. Mr. Prentiss said
it is an open-ended form if we choose not to be a part. Mr. Kent said
that we would still have the option available not to be part of the
process even if we indicate our support of the project. In response
to Mrs. Battin's question of whether there is a definite benefit to
the town, Mr. Cohen said he would be glad to look into it. Mr. Hutch-
inson added that the endorsement can actually stipulate that the Board
is exploring our involvement further.
Mr. Kent moved to support the application; seconded by Mrs. Battin;
Mr. Busa said he wholeheartedly supports the concept but he would not
sign because of conflict of interest.
Upon motion duly made and seconded, it was voted 3-0 to acknowledge
and endorse the application by Sun Valley Farm under the new agricultural
preservation restriction program,.subject to Town Counsel's review.
Mr. Busa abstained.
Mr. Hutchinson reported on the letter from Mrs. Morehouse, 37 Moon
Hill Road, regarding a sewer connection. He said that Engineering ad-
vises that it would be possible to extend the sewer in that area but
hearings should be held. The Board agreed that administrative hearings
should be scheduled.
Mr. Hutchinson recommended approval of the abatement of a sewer
charge to the Burroughs Corp. as they have installed their own line
to correct a long-standing problem.
Upon motion duly made and seconded, it was voted to sign the
abatement of a sewer charge of $9,384.10 for the Burroughs Corp.,
92 Hayden Avenue, as the work is to be done at no cost to the town.
Mr. Hutchinson informed the Board that the Field and Garden Club's
request regarding the building occupied by the Red Cross is still under
review as the Red Cross has not vacated the property. A letter to that
effect will be sent to the Garden Club.
Selectmen's Meeting - 5 - May 21, 1979
Mr. Hutchinson informed the Board that a request has been received
from DPW/Engineering to go forward under Article 22 of 1976 to recon-
struct a trunk sewer from Oxbow Road to Constitution Road, a distance
of 350 feet. There has been settlemen of the existing sewer line,
which has been verified, and back-up problems experienced in the
Oxbow Road area.
Upon motion duly made and seconded, it was voted to approve the
reconstruction of a trunk sewer from Oxbow Road to Constitution Road,
a distance of 350 feet. Work to be done by Great Northern Construction
under the appropriation of Article 22 of the 1976 Annual Town Meeting.
Mr. Hutchinson said that he is interviewing people for re -appoint-
ment to existing town agencies and will request the Board's approval soon. •
Mr. Cohen informed the Board that the Elks Club meets the statue
for application for a Beano license; the statute states, "any fraternal
organization having chapters or branches in at least one other New
England state desiriag::to toperatieoor _conduct the game commonly
called beano ... may upon application to the state lottery commission
be granted a license to conduct said game in a city or town, .. approved
by the board of selectmen."
The Board agreed to sign the Elks Club application to the State
Lottery Commission, under the vote of the Board on May 14, 1979.
Mrs. Miley said that the application also says to sell lottery
tickets. Mr. Cohen advised that the statute says the Director of the
Mass. Lottery Commission may license any organization licensed to
conduct the game of Beano AD sell lottery tickets, providing such
lottery tickets are sold in conjunction with the license called Beano
and the funds shall be used exclusively for educational, charitable
or religious purposes. The Board had no problem with that.
Oxbow Rd. -
Constitu-
tion Rd.
Sewer
Beano -
Elks Club
Mrs. Battin said that people have been asking for clarification on Pool
the pool opening this summer. Mr. Hutchinson said there are no monies
budgeted; the pool has been ruled to be closed by the Board of Health.
The Director of Public Health has said that it will not only remain
closed this year but other years. Mr. Buse urged the Manager to see
what expenditures it would take to open the pool in the same manner
as last summer and if not too great perhaps it could be opened up with
some modifications that would meet state standards. Mr. Hutchinson
said that we can't open it unless we rehabilitate or correct or recon-
struct the pool, and rehabilitate could mean a number of things. There
is monerlfar.rsamensttaffing _but. ±t `wouidlkkdepend on the scope of the staff-
ing involved. They are trying to work out something with Hayden and we
would be providing a certain level of staff.
Upon motion duly made and seconded, it was voted 4-0 by roll call
vote - Mrs. Miley, Mr. Busa, Mrs. Battin, Mr. Kent - to go into Executive
Session for the purpose of discussing 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 9:30 p.m.
A true record, Attest:
4 ??c
Executive
Session
Executive Clerk, Selectmen
SELECTMEN'S MEETING
MAY :,29, 1979
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Tuesday, May 29, 1979, at
8:00 a.m. Chairman Miley, Mr. Busa, Mrs. Battin, Mr. Kent and Mr. Crain;
Mr. Hutchinson, Town Manager; Mrs. Banks, Assistant to the Town Manager;
Mrs. McCurdy, Executive Clerk, were present.
The Board met to call the referendum on the pool.
Upon motion duly made and seconded, it was voted to call the
referendum on the Center pool for Tuesday, June 12, 1979, with
polling hours of 7:00 a.m. to 8:00 p.m.
Upon motion duly made and seconded, it was voted to sign the
warrant for the referendum on June 12, 1979, to be mailed to resi-
dents under the requirements of the statute for 14 days notice.
The Board agreed to schedule a seminar in Marlborough and
requested Mr. Crain to make arrangements for a convenient date
during the week of June 18. Mr. Hutchinson is to work on a list
of items to be discussed at the seminar, including evaluations
of the Executive Clerk, Town Manager, Comptroller (withclob
description) and Town Counsel.
The question was posed as to whether there should be one or two
committees involved now that we have two schools, Parker and Munroe,
to deal with. Mr. Hutchinson recommended expanding the current com-
mittee by neighborhood representation, and not start the process
again on Parker. All agreed the charge on both buildings is impor-
tent. The matter is to be discussed in more detail.
A meeting is to be scheduled with the Personal Advisory Board
to discuss personal services and the role of PAB.
Mr. Hutchinson said that we have received notification of
approval of funding for our Conservation land and will try to
get it by June 30.
Upon motion duly made and seconded, it was voted to adjourn
at 8:35 a.m.
A true record, Attest:
Executive Clerk, Selectm.
Pool
Referendum
Warrant
Sch.Sites
Conv. Com.
Personnel
Adv. Bd.
Conservation
Self -Help
Funding
SELECTMEN'S MEETING
JUNE 4, 1979
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, June 4, 1979, at
7:30 p.m. Chairman Miley, Mr. Busa, Mrs. Battin, Mr. Kent and Mr. Crain;
Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Mrs. Banks,
Assistant to the Town Manager (9:14 p.m.); Mrs. McCurdy, Executive
Clerk, were present.
The Board removed from the table, as voted on April 9, 1979, the
petition of the New England Telephone Company to install conduit, man-
hole, and pedestal terminal on Bow Street; conduit and manhole on
Cliffe Avenue. Notices of the continued hearing were sent to abutters
and filed with the Public Works Department.
Mr. Pinault, representative of the Telephone Company, informed
the Board that he had met with Mr. Marques, an abutter at 22 Bow Street,
and explained that it is a service -area concept pedestal, 56" high,
40" wide, 12" deep, to be located at the corner of Bow Street and
Cliffe Avenue. This is a new distribution -type cabinet, which would
eliminate some of the overhead wires in the area.
Chairman Miley read a report from Mr. Empey, Acting Director of
Public Works, recommending approval of the petition. Mr. Busa, as a
resident of the area, was in favor of the petitioned' location of the
pedestal:which would eliminate the visible pollution from the wires
and poles. This particular intersection has quite a bit of overgrowth
and debris,.and after the installation the Telephone Company has agreed
to landscape around the pedestal; this should enhance the location.
Mr. Anthony Marques-, 22 Bow Street, asked to be recorded in opposi-
tion as his home was situated across the street from the proposed
pedestal and he would look directly out on it. He suggested an
alternate location between the railroad right-of-way and one of the
trees, and it would be set back so that it would not encumber his
property. Mr. Pinault was not aware that this proposal would be pre-
sented and it was agreed to table the petition for one week, pending
meetings between the Telephone Company Engineer, Mr. Marques, and the
Public Works Department. At Chairman Miley's suggestion, Mr. Marques
agreed to look at pedestal installations in Lexington and surrounding
towns.
Upon motion duly made and seconded, it was voted to table the
New England Telephone.Company petition for a pedestal terminal until
June 11, 1979.
Reverend Handley, Director of Guides, met with the Board to recom-
mend the appointment of Official Lexington Guides. All new candidates
had successfully passed the examination given by Reverend Handley.
N.E.T.&T.
Pedestal
Bow St./
Cliffe Ave.
Guides
Guides
Board of
Appeals
Member
Assoc.
Members
Selectmen's Meeting - 2 - June 4, 1979
Upon motion duly made and seconded, it was voted to appoint the
following Guides for a term expiring June 1, 1980:
Appointments
Ted Ford
David Hamburger
Melissa Hart
John Nordhal
Nat Taylor
Peter Wasserman
Re -appointments
Stephen Bertolini
Charles V. Ford
David Harrington
John Hayden
Richard John
Judd Levingston
James Lyons
Peter Ostrow
Charles Soparkar
David A. Wasserman
Deborah Zeltzer
Bruce Baron
4 Grove Street
18 Cooke Road
69 Bloomfield Street
13 Meriam Street
9 Washington Street
188 Waltham Street
9•Brown Street
4 Grove Street
240 Worthen Road
4 Davis Road
19 Saddle Club Road
350 No. Emerson Road
12 Chase Avenue
7 Castle Road
12 Saddle Club Road
188 Waltham Street
5A Eliot Road
236 Worthen Road
Chairman Miley, on behalf of the Board, congratulated the Guides and
thanked them for giving their time to conduct tours. They have quite a
responsibility as, many times, they are the only persons the visitors
have contact with in our town.
The Board discussed the list of annual appointments and agreed to
the following:
Upon motion duly made and seconded, it was voted to appoint Mrs.
Natalie H. Riffin a member of the Board of Appeals for a five year term
expiring May 31, 1984.
Upon motion duly made and seconded, it was voted to reappoint
Robert A. Bowyer, Eric T. Clarke, Robert M. Gary, William J. Scouler,
Clarence D. Turner as Associate Members of the Board of Appeals for
one year terms expiring May 31, 1980. Also, to appoint Robert V.
Whitman an Associate Member of the Board of Appeals for a one year
term expiring May 31, 1980.
Personnel Upon motion duly made and seconded, it was voted to reappoint
Adv. Bd. Frank Hazel a member of the Personnel Advisory Board for a three .year
term of office expiring May 31, 1982.
Mr. Crain agreed to come back to the Board with a recommendation
for one more appointment to P.A.B.'
5.345-
Selectmen's
3,s
Selectmen's Meeting - 3 - June 4, 1979
Upon motion duly made and seconded, it was voted to reappatnt Town
Erna S. Greene, Raymond J. Culler, Rev. Harold T. Handley, Robert B. Report
Sawyer, and Louis A. Zehner as.members of the Town Report Committee Committee
for one year terms expiring May 31, 1980. Also, to appoint Phil
Blampied and Frederick C. Frick members of the Town Report Committee
for one-year terms expiring May 31, 1979.
Upon motion duly made and seconded, it was voted to reappoint Fence
Louis A. Zehner and Rev. Harold T. Handley as Fence Viewers for one Viewers
year terms expiring May 31, 1980.
Upon motion duly made and seconded, it was voted to reapIoint Police
Robert B. Kent, Alexander J. Cella, Hugh M. Chapin, James F. Corr, Manual
William C. Hays, Irving H. Mabee as members of the Police Manual Policy
Policy Committee for one year terms of office expiring May 31, 1980. Committee
Also, to appoint Gerald: L.. McLeod a member of the Police Manual
Policy Committee for a one year term of office expiring May 31, 1980.
Upon motion duly made and seconded, it was voted to reappoint Sewer
Katherine G. Fricker, Gordon E. Barnes, Jr., Charles J. Code, Jr., Advisory
George F. McCormack, Kenneth W. Rill, Richard J. Rycroft as,members Committee
of the Sewer Advisory Committee for one year terms of office expiring
May 31, 1980.
Mr. Crain agreed to come back to the Board with a recommendation
for one more appointment to the Sewer Advisory Committee.
Upon motion duly made and seconded, it was voted to reappoint
Charles L. MacManus the Youth Counselor for the Town of Lexington
for a one year term expiring May 31, 1980.
Upon motion duly made and seconded, it was voted to reappoint
Eleanor M. McCurdy the Executive Clerk to the Board of Selectmen for
a one year term expiring May 31, 1980.
Upon motion duly made and seconded, it was voted to reappoint Gamel
Helena R. Butters and Leona W. Martin as Trustees of the Gamel Legacy Legacy
Income for one year terms expiring May 31, 1980. Income
Mrs. Battin brought to the attention of the Board that this is Trustees
a small trust with a principal of $500.00 and an income accumulation
of $485.00. In the past, we have received requests from people for
funds and we should -be using these trusts more actively.
Mr. Hutchinson agreed to review the trusts to have them available
as sources of need.
The Board agreed to defer fox a short time the appointments to
the School Sites Conversion Committee.
School
Sites Com.
Limousine
Licenses-
Transporta.
Management
Cert. of
Incorp.
Bike -a -
Tho n
Minutes
"'Art. 52
Peking
Gardens
Easement
Selectmen's Meeting - 4 - June 4, 1979
Mr. Paul Sullivan, Vice President of Transportation Management,
and Attorney Conroy met with the Board to discuss the rate structure
and the renewal of ten limousine licenses, which expire June 7, 1979.
The Board had been informed by letter from Transprotation Management,
dated March 23, 1979, that the rates for limousine service between
Lexington and Logan Airport would be increased from $9.00 to $11.00
for the first person transported from each stop; $4.00 for each addi-
tional person would remain the same.
Mr. Cohen advised that, as the -licensing authority, it is the
Board's responsibility to set the rates for limousine service.
Mr. Kent asked Mr. Sullivan how long did he foresee operating
under the revised rate structure before coming back to the Board
requesting an increase? Mr. Sullivan couldn't say; it depended on
the anticipated increase in the cost of gasoline to approximately
95 cents a gallon, and how long he could afford to absorb increased
costs. We want to make it go and hope the volume will take care of
the increase.
Chairman Miley brought up the question raised at the meeting with
Transportation Management on December 20, 1978 relative to three
businesses operating at this one location, and the effect upon the
traffic flow. Mr. Hutchinson said a report is being compiled and will
be completed shortly. The Police Department has received only one com-
plaint recently regarding congestion in the area. The Board agreed to
discuss the matter when the Manager's report is submitted.
Upon motion duly made and seconded, it was voted to approve ten
limousine licenses for Transportation Management Corporation, 1668
Massachusetts Avenue, for public vehicles for hire, specifically
limousine service to Logan Airport, in accordance with a letter filed
with the Board of Selectmen and dated March 23, 1979. The rates shall
be as specified by the Board of Selectmen, $11.00 for the first person
transported from each stop, and $4.00 for each additional person.
Licenses shall expire May 1, 1980.
The Board approved the following agenda items:
Upon motion duly made and seconded, it was voted to approve the
request of Secretary Connolly for a change in address on Certificate
of Incorporation for Middlesex Tennis & Swim Club, Inc. from 114 Waltham
Street to 475 Bedford Street.
Upon motion duly made and seconded, it was voted to approve the
change in the date for Ride -a -Bike for Retarded Citizens from May 20
to Sunday, June 10, from 1:00-4:00 p.m.
Upon motion duly made and seconded, it was voted to approve the
minutes of Selectmen's meetings held on May 7, 14, 21, 1979.
Upon motion duly made and seconded, it was voted to approve the
request of Town Counsel to sign the release of a land easement held
by the town and given to Lexington Enterprises, Inc. (Peking Gardens)
as voted under Article 52 of the 1979 Annual Town Meeting.
Selectmen's Meeting
- 5 - June 4, 1979
637
Mr. Hutchinson recommended that the Board approve the abatement of Colangelo
a sewer:charge for Mr. Michael Colangelo for .property at 125 Hartwell Sewer
Avenue in the amount of $4,211.48 as the installation is to be done at Abatement
Mr. Colangelo's expense and at no expense to the town.
Upon motion duly made and seconded, it was voted to.abate the
sewer betterment charge for Mr. Michael Colangelo for the property at
125 Hartwell Avenue in the amount of $4,211.48.
Mr. Hutchinson:requested approval of transfers of $1,000 to the Transfers
Town Clerk's Election Account and $650.00 to the Selectmen's Election Town Clk.
Account to cover additional expenses resulting from the upcoming Selectmen
Referendum on June 12, 1979.
Upon motion duly made and seconded, it was voted to request the
Appropriation Committee for approval of a transfer from the Reserve
Fund to Account 1950 -Town Clerk Elections in the amount of $1,000.00;
also, a transfer from the Reserve Fund to Account 1900 -Selectmen's
Elections in the amount of $650.00.
Mr. Hutchinson discussed the Morehouse sewer connection and recom- Morehouse
mended that the Board schedule an administrative hearing, inviting Sewer
members of the Sewer Advisory Committee, to decide whether it would
be advisable to include this with the Bird Hill sewer program to be
completed in FY 80. TWe-will::inclufle other homes t: 4o'be serticed
and Engineering is working up cost estimates of including them with
the FY 80 program. The Board agreed to schedule the hearing at the
Selectmen's meeting on June 25.
Mr. Hutchinson discussed the letter from the Recreation Committee Recreation
requesting outside engineering help be hired to do whatever has been Bicycle
requested by the state •to get the bicycle path project underway. It Path
is Recreation's understanding that the town engineering department Engineer -
has too much else to deal with and cannot perform these services at ing
this time. Mr. Hutchinson said that engineering has commitments for
the sewer program, road construction, the sanitary landfill, etc.
and people should be aware it is a matter of prioritising. It was
agreed we would provide certain engineering services before we got
the grant for the bicycle path project and we will check with the
state to see exactly what is required:. Mr. Kent recommended that
every effort be made to do the engineering work this fall;otherwise, the
practical impact would be a year's delay. Mr. Hutchinson said he would
file a report with the Board.
Mr. Hutchinson requested the Board toapprove.
tne technical agreement Patricia
between Arlington and Lexington for the Patricia Terrace Sewer; also to Terrace
vote an intent to take an easement on Lot "F? in Lexington. The re- Sewer
mainder of the easement is in Arlington and therefore may have to be Agreement
taken, by Arlington's Board of Selectmen. Intent to
Upon motion duly made and seconded, it was voted to approve the Take Ease -
technical agreement between Arlington and Lexington for the Patricia ment
Terrace sewer.
Upon motion duly made and seconded, the. Board'. voted an intent to
take a sewer easement on Lot "F" in Lexington for the Patricia Terrace
sewer, with an award of no damages.
.5349
Selectmen's Meeting - 6 - June 4, 1979
Summit Rd. Mr. Hutchinson discussed the letter from Mr. Douglas Allred of
.:Sewer 38 Summit Road stating that the roadway was damaged during sewer
Project -construction and should have been replaced with a road surface
equivalent to its prior condition. A report from Mr. Empey, Acting
Director of Public Works/Engineering, stated that the Engineering
Division had looked closely at this location and it was determined
that since this project was intended only to provide sanitary sewer
to Summit Road and funds are not available to relandscape or repave
private property, or to reconstruct the street, the town should re-
store the roadway as it does on nearly all sewer projects, i.e., to
patch the trench to the original grade of the street and not to over-
lay the roadway. By doing this, we have met -our obligations with
respect to restoration and have eliminated the possibility of water
puddling on the abutting lawns and driveways.
Mr. Hutchinson agreed to respond to Mr. Allred that the town does
not have an obligation to totally resurface the road on the sewer
project; however, the current work does address protecting the lawns
and driveways in the area.
Sewer Mr. Hutchinson informed the Board that requests for sewer extensions•
Requests to North Street, Amherst Street, Hayward Avenue area, and Concord Avenue
from Chadbourne Road to the Belmont line will be considered as part of
our bond authorization and the normal budget process,,and the appropriate
hearings will be held. We would support moving as much into the FY 80 budget
as we can handle within our financial capacity.
Tax Title Mrs. Mary Shunney, Chairman of the Housing Authority, and Mrs.
Moratorium Iris Wheaton, Planning Board representative, met with the Board.
Chairman Miley said it was agreed_ at our last joint meeting on
April 30 to extend the moratorium on the sale of tax title lots
from May.1, 1979 to June 15, 1979. The minutes of that meeting
recorded the recommendation of the Housing Authority for an exten-
sion ofthe moratorium to enable the authority to complete all trans-
actions on the scattered sites lots. Also, Mrs. Wheaton had informed
the Board that the Planning Board feels that the list of tax title
lots located throughout the town should be reviewed, particularly the
individual lots which may be buildable and, in some cases, those which
may be combined with an abutting town -owned lot to provide an area
suitable for building.
Mrs. Shunney said that it is not the intention of the Housing
Authority to ask for a further extension of the moratorium as the
scattered sites program has been presented to HUD and we do not see
the possibility of adding more. It is our understanding that as
these tax title lots come up, if someone else wants to purchase them
or take some sort of action on the lots, that the major boards be in-
formed of such requests; that is the Housing Authority's concern. We
We have been advised informally that we are going to get our Country-
side and our 25 family units, which will be used for the developers
of condominiums. We feel we have done as much as we could under
scattered sites; we do have a few problems we are trying to iron out
with HUD but we Are going to be able to go forward with the program
and, hopefully, the contract is going to be signed by June 15.
X39
Selectmen's Meeting - 7 - June 4, 1979
Mrs. Wheaton said that the Planning Board feels the town should keep Tax Title
all of the tax title lots that might be combined with other tax title lots Moratorium
that might be used for the Housing program. The Housing Authority has (cont'd.)
worked hard in getting this one underway but in five years they may be
able to undertake another such venture, and if we don't have the land
available to us, if itis sold, then we have lost out. We feel that we
don't always know when the tax title lots are coming up; most of the
time, we realize we do get notices but at one of our meetings it -was
brought up that a 13,700 sq. ft. lot with 50 ft. frontage located on
North Street opposite Carl Wad was apparently sold -last November, and
none of us remembered hearing about it. She had no idea of whether it
was a tax title lot or not and if it could possibly have, gone for a
scattered sites program. We don't .know when an isolated request comes
in if there 'is tax title land adjacent to is and it could be incorporated
with it. If there is a potential for it to be used byitself or in con-
junction with another piece of land, we feel that the town should save it;
otherwise, if it is obviously too small and obviously cannot be combined
with other town land, then the town should dispense with it.
Mr. ,Cohen said that when Mr. O'Connell was the Town Manager, he had
his assistant go through every single tax title lot and he came up with
38 lots throughout the whole town, and that was the basis of the scattered
sites proj:ect,. The only lots that have come on the market that the, town
has acquired within the last 16 years were all of low value and were
small lots. The North Street lot mentioned was of low value and, under
the statute, you must have an auction when you foreclose any property of
low value. We have had two auctions since he has been Town Counsel, and
all of those lots were in the paper, with an announcement. of an auction.
The lots were checked out very carefully before the town made the decision
to foreclose. There were some on tax title that had never been foreclosed
and all of those had been reviewed as to which were not buildable and could
not be used for scattered sites, and so they could go on this low value
process.
After a lengthy discussion, Mr. Hutchinson agreed to get the list of
tax title lots, noting the lotsthat have been deleted, update the list,
provide all interested boards with the list, which will be consulted
when individual requests to purchase lots are received..
Mr. Cohen agreed to meet with Mrs. Wheaton to explain the process
of the town acquiring tax title lots.
Mrs. Wheaton retired from the meeting.
Mr. Hutchinson recommended the Board'§ approval of the request of the
Town of Bedford for 700,000 gallons of water to be provided through the
Lexington system.
Upon motion duly made and seconded, it was voted to authorize the Bedford
Town Manager to draw up the appropriate agreement to provide the Town Water
of Bedford with 700,000 gallons of water through the Lexington system, Agreement
subject to the approval of the Metropolitan District Commission.
1
5310
Selectmen's Meeting
June 4, 1979
Mr—Hutchinson requested approval of his appointments to committees.
Upon motion duly made and seconded, it was voted to approve the Town
Manager's appointments to the following commissions:
Sara Chase to the Historical Commission for
April 1, 1979 through March 31, 1982.
Frank Fields to the Conservation Commission
April 1, 1979 through March 31, 1982.
the period
for the period
Drainage Mr. Hutchinson informed: the Board that correctiveaction has been
Leaks taken on Mr. Frank Sandy's letter concerning a street drain in Hayes
Lane, and a small gasoline leak into the Vine Brook culvert under
Mass. Avenue in the vicinity of the former Colonial Garage.
Center Chairman Miley said the Board has a mandate from Town Meeting re -
Traffic garding the center of town and Mr. Busa has been asked for his assistance
on traffic and businesses, and in forming a committee to get the ball
rolling.
Executive Upon motion duly made and seconded, it was voted 540:by roll call
Session vote - Mrs. Miley, Mr. Busa, Mrs. Battin, Mr. Kent and Mr. Crain -
to go into Executive Session for the purpose of discussing strategy
with respect to collective bargaining, iitigation,.::and a land item.
After discussion, it was voted to go out of Executive Session.
Upon motion duly made and seconded, it was voted to adjourn at 10:00 p.m.
A true record, Attest:
Executive Clerk, Selectmen
=SELECTMEN'S MEETING
JUNE 11, 1979
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, June 11, 1979, at 7:30 p.m.
Chairman Miley, Mr. Busa, Mrs. Battin and Mr. Kent; Mr. Hutchinson, Town
Manager; Mrs. McCurdy, Executive Clerk, were present.
Chairman Miley read a letter from the New England Telephone Company
requesting.: "leave to withdraw" the petition for the installation of
two manholes on Massachusetts Avenue -near School Street and Paul Revere
Road. The Board agreed to approve the request, thereby cancelling the
scheduled hearing at 7:30 p.m. No abutters were present in favor or in
opposition. Mr. Pinault, Telephone Company representative, was present.
Upon motion duly made and seconded, it was voted, to approve the
request of the New'England Telephone Company for a "Leave to withdraw"
the petition for the installation of two manholes on Massachusetts Avenue.
Chairman Miley read a request from the New England Telephone Company
for permission to .relocate o•ne pole on Fletcher Avenue near Sherman Street.
Mr. Pinault, Telephone Company representative, said that this relocation
is necessary due to the construction.of a new driveway. A report from
the Public Works Department recommended approval of the request.
Upon motion duly made and seconded, it was voted to grant permission
to the New England Telephone Company and the Boston Edison Company for
the following location:
Fletcher Avenue, on the northerly side, approximately 91+ feet
west of Sherman Street, one pole 33/4; one
pole to be removed.
The Board removed from the table, as voted on June 4, 1979, the
petition of the New England Telephone Company to install conduit,
manhole and pedestal terminal on Bow Street; conduit and manhole on
Cliffe Avenue.
Mr. Pinault, Telephone Company representative, was present and
informed the Board that the location had been reviewed by Mr. Marques,
22 Bow Street, the TelephoneCompanyEngineer, and Mr. Coscia of the
Department of Public Works. They came up with an alternate location
of the manhole within 5 feet of the original request, and a difference
of 20 feet for the location of the pedestal. If approved, the Telephone
Company will submit an "as built" plan after it has been completed.
We are in agreement with the shrubbery requirements that have been
suggested to us.
NET&T
Manholes-
Mass.Ave.
School St.
J/0 Pole
Fletcher
Avenue
NET&T
Pedestal
Bow St./
Cliffe Ave.
Street
Acceptance
Permit
ROTC -
Green
License
Chadwick
Permits -
Block
Parties
Minutes
Selectmen's Meeting - 2 - June 11, 1979
Mr. Marques thanked the Board for its sensitivity and consideration
of the matter. He approved of Mr. Coscia's.suggestion of putting the
pedestal in a grove of trees,.which will hide it in the summer and the
winter; also, Mr. Mazerall's agreement to put evergreens' in to hide it
from view.
No one else appearing in favor or in opposition, Chairman Miley
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:
Bow Street,
Cliffe Ave.,
Bow Street,
on the westerly side, from existing telephone conduit
located approximately 10+ feet north of Massachusetts
Avenue in a northerly direction approximately 300+
feet of conduit to a new manhole 4654/39, thence
sweeping northeasterly approximately 150+ feet of
conduit to existing pole #13/5, also
from new manhole #54/39 northerly approximately 179+
feet of conduit to existing pole 46120/2, approximately
629+ feet of conduit, also
on the westerly side approximately 300+ feet north of
Massachusetts Avenue, one manhole and one pedestal
terminal.
Chairman Miley recommended that the Board sign the Order of Acceptance
of Powers Court, a subdivision street.
Upon motion duly made and seconded, it was voted to sign the Order of
Acceptance of Powers Court, as authorized under Article 19 of the 1979
Annual Town Meeting.
The Board approved the following agenda items:
Upon motion duly made and seconded, it was voted to grant permission
for the Northeastern University Army ROTC Commissioning Ceremony on the
Green on June 16, 1979 from 10:00 a.m. to 11:00 a.m.
Upon motion duly made and seconded, it was voted to sign the Enter-
tainment license for Chadwick's Ice Cream Parlor, 903 Waltham Street,
for a 4 -piece band on June 21, 22 and 23, 1979 from 7:00 p.m.
to 11:00 p.m., subject to monitoring by the Police Department.
Upon motion duly made and seconded, it was voted to approve the
requests for block parties on
York Street from Woodland Road to Grant Street on June 16
from 6:30 p.m. to 12:00 M.
Bloomfield Street on June 20 from 6:00 p.m. to 10:00 p.m.
raindate of June 21.
Upon motion duly made and seconded, it was voted to approve the
minutes of Selectmen's meetings of January 22 and April 9, 1979(open
meeting). Upon motion duly made and seconded, it was voted to table
the executive session minutes of April 9, 1979.
Selectmen's Meeting
- 3 - June 11, 1979
Chairman Miley recommended that Mrs. Battin be appointed as
Lexington's voting representative at the Massachusetts League of
Cities and Towns meeting on June 27, 1979.
Upon motion duly made and seconded, it was voted to appoint
Mrs. Margery M. Battin as Lexington's voting representative at the
'Massachusetts League of Cities and Towns meeting on June 27, 1979.
The Board discussed and agreed to the request that a letter be
sent to the Board of Banks concerning the petition of approval sub-
mitted to them by the Depositors Trust Company for an additional
bank structure to be located at Hartwell Avenue and Westview Street
in Lexington.
Upon motion duly made and seconded, it was voted that a letter
be sent to the Board of Banks, Incorporated stating that the Board
of Selectmen had no objection to the Board of Banks, Incorporated
granting the petition of the Depositors Trust Company, and it is
hoped it will improve the tax base of the Town of Lexington.
The Board agreed to adjourn the meeting and attend the Planning
Board`'s.`:meeting and discussion of a Carr/Lynch draft plan for Hanscom
Field and its neighbors.
Upon motion duly made and seconded, it was voted to adjourn at
7:48 p.m.
A true record, Attest:
. ))c
Appointment
Lex.'s Rep.
Mass. League
Depositors
Trust Bank
Planning Bd.
Hanscom Report
Executive Clerk, Selectmen
A regular meeting of
Meeting Room, Town Office
Chairman Miley, Mr. Busa,
Hutchinson, Town Manager;
to the Town Manager; Mrs.
SELECTMEN'S MEETING
JUNE 18, 1979
the Board of Selectmen was held in the Selectmen's
Building, on Monday, June 18, 1979, at 7:30 p.m.
Mrs. Battin, Mr. Kent and Mr. Crain; Mr.
Mr. Cohen, Town Counsel; Mrs. Banks, Assistant
McCurdy, Executive Clerk, were present.
Transp. Mr. Fred Rosenberg, Chairman of the Transportation Advisory Committee,
Adv.Com.- met with the Board. He said that the minibus will start in September and
Minibus - one of the problems we saw all along was that we have no service to
MBTA Hartwell Avenue as (1) it is at the edge of town; (2) it is difficult to
Hartwell include in a half-hour minibus route. At Town. Meeting's suggestion, we
looked into how to service Hartwell Avenue and suggested to the MBTA the
possibility of re-routing, the Five Forks bus to operate from Lexington
Center to Bedford Street to Hartwell Avenue, thereby eliminating service
to Five Forks. We received a letter from the MBTA with the proposal of
still running the bus to Five Forks but instead of running it directly to
Five Forks, to run it down from the Center, up Bedford Street, up Hartwell
Avenue to Wood Street 'and around to Five Forks andback into town again;
in the evening, to run the reverse loop. This:would...mean about. $3,000
more on our MBTA assessment. We also had the possibility of changing the
Bedford bus to go down Hartwell Avenue but the committee didn't think it
was a good idea because of turning the bus around at the end and also be-
cause of the time factor; this would cost us less money.
To serve Hartwell Avenue with a minibus, it would just about make it
to go Bedford Street and back; the estimated annual cost would be about
$15,000 for that number of hours, probably a little less.
In response to the suggestion that the Transportation Advisory Com-
mittee investigate the possibility of increasing the minibus loop'from
30 to 45 minutes to serve commuters in some of the industrial areas,
Mr. Rosenberg said that there are about 200 Lexington residents that work
in.the area and it is not optimistic that they would use the service. We
had thought about trying some special service for the commuters in the
Spring Street area. On Hartwell Avenue, we could do it in the morning'
but the problem is getting them home in the afternoon. During the
afternoon, the regular routes would be necessary, where we really expect r:
the highest levels of travel, so we felt that wouldn't be a possibility.
Chairman Miley said the intent of Town Meeting was for commuters to
use the minibus not only to go to the express bus but also to get to work
within the town. She felt the committee was right in trying to work out
a commuter ride for people within the town, and suggested the committee
keep trying to get the people back and forth to work in the morning and
afternoon. Mr. Rosenberg said he didn't see how they could get extra
buses into an area they wouldn't normally be serving. Mr. Kent said
that Town Meeting's very positive response to the busing program and
the amendment, increasing it so substantially, did directly relate to
the use of the buses for commuter purposes, and that is one reason why
you are addressing the Hartwell Avenue problem. If it can be solved
Selectmen's Meeting - 2 - June 18, 1979
more effectively. through the tie-in with the MBTA rather than the use of Minibus
the minibus, that is fine, but he felt that in the formulation of our (cont'd.)
minibus routes, consideration be given to some service into the area.
Mr. Hutchinson said that Lexington's MBTA assessment is in excess of
$500,000, before the adjustment of a $26 million deficit.. The operating
deficit was $264 million, certified by the MBTA, of which one-half is
picked up by the town; if the news is correct about the $26 million
we will have to pick up one-half of that. He was concerned about making
a commitment at this time as we do not have the experience of the minibus
program. Assuming there will be successes and failures, and one is a
dismal failure,.you might want to change one route to go into an area
such as Hartwell Avenue. .There is that flexibility before we pick up
another $3,000 assessment. Mr. Rosenberg said that if we were going to
readjust the routes, he thought it would be more cost effective to let
the MBTA pick this up for actually what we think is a very low figure
than if we picked it up. If we just eliminated one group, we would be
saving more than $3,000. Mr. Hutchinson said it would be premature to
make a commitment to increasing the assessment in any fashion to the
MBTA, including serving Hartwell Avenue. Mr. Busa agreed with the
Manager,and said we .should have some history and experience with the
minibus. Mr. Hutchinson recommended that the Transportation Advisory
Committee work with the MBTA on what might be done in the interim about
getting into Hartwell Avenue. The Board agreed to Mr. Kent's recom-
mendation that the committee take another look at its route structure
to see if there is any possibility of working out another route to go
to Hartwell Avenue.
Mr. Rosenberg informed the Board that a very qualified person has
been hired by the Manager to coordinate the minibus program. Also, bids
for the minibus transportation service will come in next Friday.
Mr. Louis Zehner, Town Treasurer, informed the Board that Smith Treasurer -
Barney, Harris Upham and Co. Inc. of Boston, with its bid of 4.85 per- Bond Sale
cent, was the low bidder on the June 14 sale of Lexington's $795,000
bond issue.
Upon motion duly made and seconded, it was voted to approve the
following certifications prepared by Bond Counsel:
a. Sale to Smith Barney, Harris Upham Co. Inc. of the $795,000
issue dated June 18, 1979 as outlined in the Proposal of
Sale dated May 30, 1979.
b. Authorized use of the facsimile signatures of the Selectmen
to' be engraved on the bonds.
e. Approved the "Signature and No. Litigation" certificate
identified as SRH/RPV, Rev. May 24, 1977.
d Approved the "No Arbitrage" certificate idendified as
Rev. March 22, 1979.
Copies of the certificates are on file in the Selectmen's Office. Mr.
Zehner stated that he and Mr. Perry would sign a joint official statement
certifying to the complete disclosure in the Proposal of Sale of all rele-
vant facts of the sale. Mr. Zehner and Mrs. McCurdy, as Clerk of the
Selectmen, would sign a joint statement certifying to the complete ob-
servance of all aspects of the so-called "Sunshine Law."
Appt.
Hanscom
Adv.Com.
Abatement
Water Bill
Minutes
Sewer
Orders
Conserve
-
tion Land
Easements
Sewer &
Drain -
Boulder Rd.
Patricia
Terrace
Wadman
Circle
Selectmen's Meeting - 3 - June 18, 1979
Chairman Miley read a letter from Mr. Fred Bailey requesting
the Board to reverse his and Mrs. Jacqueline Smith's roles on the
Hanscom Advisory Committee.
Upon motion duly made and seconded, it was voted to appoint
Mrs. Jacqueline Smith as Lexington's representative on the Hanscom
Advisory Committee, and to appoint Mr. Fred C. Bailey as the
alternate member representing Lexington.
Upon motion duly made and seconded, it was voted to abate the
water bill submitted to Berman's Package Store Inc., 55 Mass Avenue,
in the amount of $2,739.60, defective register on meter, as re-
quested by Mr. Warren Empey, Acting Director of Public Works.`
Upon motion duly made and seconded, it was voted to approve the
minutes of Selectmen's meetings held on January 24, 27, 29; March 5,
April 9, 1979 (Executive).
Upon motion duly made and seconded, it was voted to sign the Orders
for Construction of Sewer on the following streets: Allen Street,
Boulder Road, Lowell Street, Patricia Terrace, Pleasant Street, Waltham
Street. Also:,sign Order of Sewer Taking on Wadman Circle; Mr. Kent did
not participate and abstained from voting.
The Board approved Town Counsel's requests for the following:
Upon motion duly made and seconded, it was voted to sign the deed
to transfer 20 lots of land to the Conservation Commission, as authorized
under Article 48 of the 1977 Annual Town Meeting.
Upon motion duly made and seconded, it was voted to sign the Order
of Taking, by eminent domain, of four lots for Conservation purposes
subject to receiving the request of the Conservation Commission; as
authorized under Article 48 of the 1977 Annual Town Meeting.
Upon motion duly made and seconded, it was voted to sign the taking
of sewer and drain easements from Burlington Street to Boulder Road, as
authorized under Article 19 -Sewers of the 1977 Annual Town Meeting, and
Article 17 -Drains of the 1973 Annual Town.
Upon motion duly made and seconded, it was voted to sign the order
of taking of sewer and drain easements on land located in Lexington
on Patricia Terrace.
Upon motion duly made and seconded, it was voted to sign the order
of taking of sewer and drain easements on Wadman Circle. Mr. Kent did
not participate and abstained from voting.
Selectmen's Meeting
- 4 - June 18, 1979
Ms. Martha Wood,
Mr. William Page, Chairman, Ms. Sandra Small and Mr. Howard Cravis, CATV Com.
members of the Cable Television Advisory Committee met with the Board.
Mr. Page said the last decision of the Board was to give the committee
permission to talk with cable television companies, not to start the offi-
cial franchising program but to get some idea about the match between what
Lexington would expect from cable television and what the companies would
be willing to provide. The Board also asked us to sound out the town again
with a questionnaire. The results of the 250 questionnaires received were:
87% would like cable television; 11.5% -No; 1% -undecided. 70.5% would pay
$2-10 more per month for movies uncut by commercials; 15.5% -No; 14% -unde-
cided. We talked with five companies and three of the five are interested
in a franchise in Lexington; the fourth is interested in a regional ar-
rangement with adjacent towns. There are some people who are very in-
terested in getting cable television in Lexington, and once in town about
40% would subscribe and 80% of those would pay more.
The committee's recommendation is that you ask us to come back to you
in late August for a proposal for starting the franchising process. You
will still be deciding -at that time whether you want to proceed or not
but what you would have before you at that time is what it means to start
the franchising at that time; how long it takes to complete it; what ex-
penses would be if you did start it; what the advantages would be to the
town of starting it. The town would be in more control of the process
as it could put the request out for franchise proposal submissions and
get a much wider choice of companies coming in to look us over and make
proposals. It takes between nine and eleven months for a typical town to
start the licensing franchising process, to come to the point of public
hearings, two sets of submissions, and then to the point of making deci-
sions. The town, after all this, is not obligated to choose the cable
company. The company has the legal right to request further considera-
tion but there is not a decision needed. With all the work which has gone
into this for several years, we think we are in good shape for your recom-
mendation to start as we feel a. significant proportion of residents are
interested in cable television. We have written specifications and have
reviewed them with you. He submitted to the Board eopies of an abbreviated
procedural set of regulations, showing the licensing process as it now
operates.
Mr. Page said that 10 months from the time -::that requesa_.for•';submission of
proposals, the time st is then. You.`officiallyput out a':request for proposals,that's
0 -ran � O.rno ths, so ° Ve roughly June or July of 1980 when you could
have made,a decision; then the clock starts running on the 15 months.
Mr. Buse did not see the need for cable television as only 250,
of the 4,000 homes receiving the newspaper, had returned the question-
naire and 211 showed interest in having it. There has been no growth in
CATV since 1972 and for us to get the ball rolling too soon, we might in
the distant future be tied to a company that would be obsolete. In the area,
Woburn has had it the longest and still has only 40% subscription. There are
parents who are having problems with their children watching movies when they
are not at home. He saw no benefit to the town other than recreational.
..(98
Selectmen's Meeting
- 5 - June 18, 1979
Mr. Crain said that while he shared Mr. Busa's concerns, he sees it
differently. The time line is extended from the period that we suggested
interest and the potential of selecting someone for a franchise is a year
away. He was concerned that we drag our feet in the natural building
blocks that are required to reach that point .-- then he thought the Board
should consider every aspect. He felt the implications of the energy crisis
carry with it significant impacts on the potential of television, and par-
ticularly interactive. He would like to see them progress along the build-
ing block approach to reach that point where the Board could make the hard
decision, and not lose any time to reach that.
Mrs. Battin said she understood Mr. Busa's concern that the Board not
proceed too hastily. The committee has worked very carefully and thought-
fully and she agreed with Mr. Crain that the process is important and that
by starting it ourselves, we control it in essence - and it's a year before
we make the decision. As Mr. Crain said, the importance is the interactive;
it's more -than recreational. It would be useful when people can't get to
town hall. She hoped the Board would proceed as the committee had recom-
mended.
Mr. Kent moved, Mrs. Battin seconded the motion, and it was voted to
request the Cable Television Committee to proceed with the formulation as
outlined by the committee this evening.
The committee is to meet with the Board in late August.
Mr. Kent temporarily left the meeting to attend the Board of Health
meeting.
Hinchey Rd. Mr. Hutchinson requested that he be authorized to act as the Board's
Property — agent in entering into an agreement to sublet property on Hinchey Road.
Sublease Upon motion duly made and seconded, it was voted to authorize the
Town Manager to enter into an agreement for the subleasing of the Hinchey
Road property that is currently the subject of a lease between the Town
and MBZ-Lex Trust.
Tax Mr. Hutchinson requested authorization to negotiate with Mrs. Erin
Title - O'Brien, 34 Homestead Street, on an appropriate price dealing with the
O'Brien conveyance of the property she had asked to_purchase from the town.
This land is located on Edna Street and abuts her home.
Chairman Miley requested that this item be tabled for one week as
the Planning Board is discussing this evening some further criteria that
they may be interested in or considering for tax title lots. This is as
a result of a meeting between Mr. Cohen and Mrs. Wheaton of the Planning
Board.
Upon motion duly made and seconded, it was voted to table for one
week the matter of the Erin O'Brien request to purchase land on Edna Street.
Mr. Hutchinson agreed to Mr. Busa's request that he pursue the request
of an abutter to purchase land at Laconia and Woburn Streets.
Selectmen's Meeting
- 6 - June 18, 1979
s�9
Mr. Hutchinson requested authorization for replacement of a 30" cor- Drain
rugated metal pipe across Massachusetts Avenue at #40 in East Lexington. Project -
The Highway Division of DPW has reported that this aged pipe has rotted Mass.Ave.
and begun to collapse, creating a potential hazard and drainage problems
during moderate and heavy rains. Engineering has designed a replacement
culvert and Great Northern Constructors has ~quoted a price.tlf $5000'to-
complete this work, exclusive of any ledge which may be encountered.
Ledge would be paid at the Crescent Road Area Contract unit price of
$20.00 per cubic yard. Approval is requested for an extra work order
in an amount not to exceed $5,500, which will cover replacement of
60 feet of pipe, two catch basins and any ledge excavation.
Upon motion duly made and seconded, it was voted to authorize an
extra work order to Great Northern Constructors, in an amount not to
exceed $5,500, for the drain pipe project across Massachusetts Avenue
at #40 in East Lexington.
Mr. Hutchinson recommended awarding the contract to Boston Mutual, Employees'
the lowest bidder on the 42,000 life insurance policy for employees Insurance
and retirees. The town would continue to contribute one-half the
premium cost. We may look into the expansion of the policy up to $5,000
at a later time, subject to the Board's direction and working with the
appropriate committees, i.e., the Personnel Advisory Board.
Upon motion duly made and seconded, it was voted to award a 3 -year
contract to the Boston Mutual Life Insurance Company in the amount of
$19,272+ per year covering the employee/retiree insurance policy.
Upon motion duly made and seconded, it was voted to approve the
amount of 73 cents per month `per a$1,O.00 life_ insurance, for employees'•
-
and retirees.
Mr. Hutchinson requested approval of appointments. Appointments
Upon motion duly made and seconded, it was voted to approve the Town Town Mgr.'s
Managees.;. re -appointment of the following members:
Roy Weinstein and Shirley Goodwin from June 1, 1979 to May 31, 1982
as members of the Council on Aging.
Alice Hinkle and Judith Ubrig from April 1;;1979:";to March 31, 1982
as members of the Recreation Committee.
Paul Riffin from April 1, 1979 to March 31, 1982,as a member of
the Conservation Commission.
Mr. Hutchinson informed the Board that he had re -appointed James
Scanlon a member of the Permanent Building Committee for a term ex-
pring April 30,,1982; also, Mr. John J. McWeeney a member of the
Board of Assessors for a term expiring April 1, 1982.
Mr. Hutchinson recommended that ;Boston Edison ,be:a.audhoarizad :to Pole Re -
relocate one pole and install one new pole in the Waltham Street park- location
ing lot, as requested by the town. This work will be done at no cost Waltham St.
to the town, and removal of the street light will constitute an annual Parking Lot
saving of $50.52.
Upon motion duly made and seconded, it was voted to authorize the
Boston Edison Company (1) to remove a pole and street light in the
sidewalk at Peking Garden; (2) to relocate the overhead cable which
currently is supported by this pole.
Sewer
Washington
Street-
Santosuosso
July 4th
Carnival
Licenses
Center
Pool
Woburn St.
Barclay
Town
Revalua-
tion
Contract
Stop
Signa
Signalzd
Inter-
sections
Selectmen's Meeting - 7 - June 18, 1979
Mr. Hutchinson requested approval of the request from Mr. Santosuosso
for an extension of the sewer in Washington Street, at his expense, to ser-
vice his vacant lot on Washington Street (future home to be built). A
report from the Engineering Division states that the plan has been re-
viewed and, as designed, meets Engineering's requirements for sewer
construction. However, prior to the start of construction and the is
suanee by DPW of a street opening permit, the contractor who will be doing
the work must meet the approval of Mr. Warren A. Empey, Acting Director of
Public Works. The amount of surety necessary to guarantee completion of
thisproject has been estimated by the Engineering Division to be $5,550.00.
Upon motion duly made and seconded, it was voted to grant permission
to Mr. Santosuosso for an extension of the Washington Street sewer, at his
expense and at no expense to the town, subject to Mr. Empey's approval of
the complete project.
Mr. Hutchinson recommended that the Lions Club permits for the
July 4th carnival be signed.
Upon motion duly made and seconded, it was voted to authorize the
Chairman to sign the Sunday:: lidensescfor:::concessions at the Lions Club
carnival; licenses to be forwarded to the State Department of Public
Safety for approval.
Mr. Hutchinson informed the Board that he had executed the agreement
with the swimming pool contractor, who expects -to start construction within
the next two weeks and complete by June 30, 1980.
Mr. Hutchinson informed the Board that a letter had been received
from Mr. Robert L. Barclay, 295 Woburn Street, requesting that the
Town -owned dirt road between 295 and 303 Woburn Street be closed off.
In 1974 and 1976, the town had authorized the road to be closed off
but it -had not been done.
Mr. Hutchinson said that Public Wotks has now:blocked off the
road but we are not sure how it will work out.
Mr. Hutchinson informed the Board that the Board of Assessors had
voted on June 11, 1979 to recommend that the revaluation job for the
Town of Lexington be awarded to Patten Appraisal Associates, Inc.,
160 Fox Street, Portland, Maine, subject to finalization of a satis-
factory contract. Mr. Hutchinson said that the Assessors are com-
pleting the ocntract and more information will be given in the future.
Chairman Miley read a letter from State Department of Public Works
requesting that every signalized intersection in the town be inspected
and any stop signs found are to be removed.as these signs are superfluous
and confusing. Mr. Hutchinson said there are number of stop signs at
intersections and we are moving forward as part of the work program to
to review them and take them` down. Some question was raised on right -on -
red turns and none of our lights that are under control of the town apply;
they all have pedestrian walks with them as well. Also, all of the state
lights are limited in the sense that they can't have a right -on -red.
Mr. Hutchinson agreed to pursue Chairman Miley's request to in-
vestigate the possibility of having 4 -way stop signs,:ai.e. Adams and
North Streets.
1
1
1
651
Selectmen's Meeting - 8 - June 18, 1979
Mrs. Battin discussed suggestions which Mrs. Joyce Hals is drafting Gasoline
for the state concerning the gasoline situation, by limiting the hours
of gas sales; stations in the same general area staggering the days they
are closed; minimum/maximum volume or dollar -limitations; adoption of
the flag system; establishing a local telephone number for information
on stations that are open and the availability of gasoline, and identifi-
cation of the person who would coordinate efforts. The state is starting
to put a plan in action in case it is needed, and Mrs. Hals thought the
Board and the Manager might like to make suggestions. Some of the towns
are getting in touch with the gas station operators, -by sending someone
out or telephone from the Manager's office on options of handling the
situation. Mrs. Battin said that she was not suggesting the Board try
to regulate the hours but to have'a central place to pull it all together.
Mr. Hutchinson said that he would work with the retailers on gas and
there might be something the Chamber of Commerce would be interested in.
The Board agreed that the Chamber of Commerce should be contacted.
The Board and Mr. Hutchinson agreed to review the Carr Lynch report
on Hanscom Field and Its Neighbors for input to be submitted to the
Planning Board.
Pln.Bd./
Carr Lynch
Regarding the parking problem in the Center, Mr. Busa informed the Center
Board that he had talkedwith one person and will meet with her and other Traffic
interested groups.. He recommended that another committee not be established
as the Planning Board has a committee studying the situation, and he would
talk with the groups and then coordinate the information with the Planning
Board. The Board agreed.
Mr. Kent came back into the meeting at 9:05 p.m.
Mr. John Butler, Chairman, Ms. Joanne Small, Mr. Frank Hazel net with Personnel
the Board to discuss the role of the Personnel Advisory Board. A state- Adv. Bd.
went, dated May 30, 1979, summarized the view of PAB; that the time had
come for an evaluation of performance and reaffirmation or revision of
the charter. .. We are a creation of the Board of Selectmen and have
a prdmary relationship with that body; but we also are a resource to the
Town Manager when it seems to be useful. We consult with other Town Com-
mittees as requested, notably the Appropriation Committee. A potential
relationship with the School Committee remains problematical. ...From our
perspective, a drifting has occurred within the last few months and the.
purpose for the PAB is less and less clear to us. We seem to be becoming
a vehicle for displacement of concerns rather than effective catalyst or
contributor to their being confronted and resolved. Little of our energy
is now directed to long-termpersonnel issues relating to human resource
planning and development. Our view of the functions of the PAB can
best be described as a three-level role: (1) Advice on maintenance/
operational questions as brought to the PAB by the Town Manager's Office/
Board of Selectmen. (2) Advice and/or technical assistance on specific
tasks or issues. (3) Advice and assistance to the Board of Selectmen in
conceptualizing the philosophical and policy issues inherent in a personnel
system.
SSS
Selectmen's Meeting
June 18, 1979
Mr. Butler said that the statement has been discussed in full mem-
bership and reached this point of common understanding as to what seems
to be the current expectations with respect to the PAB. There have been
concerns by individual PAhrembetra_hether or not the immediate past is
indicative of the kind of role and responsibility that best utilizes
their talents as.they see them. What we have presented to you is an
attempt to analyze the situation and to look at the various ways which
we feel different groups within town government and the town look to
PAB, and the different levels of functions of the board which, from
time to time, we are called upon to render.
Mr. Buse said that he had no problem with Mr. Butler's statement.
He was a i tuber of the Board at the inception of the Personnel Advisory
Board and he thought it was to be an advisory board, to review and give
information when the Board of Selectmen and the Town Manager requested
it. There had been some reference to getting into negotiation and col-
lective bargaining.
Mr. Butter said there was some reference in the early history.
The sense of the current board is not one of looking at the past or
the evolution of the body, but what is the role of the PAB? We are
advisory to the Selectmen and the Manager, and what is the charter,
the role you wish fulfilled? The other body that was party fo those
original negotiations between the Board of Selectmen that created the
PAB, the Appropriation Committee,has a different view of what role we
should be playing. There has to be clarity in instructions if what we
kind of sense in the way in which the PAB has moved is not consistent
with the direction you wish. The PAB had a 5 -year history with an
unusual beginning and whatever it is you wish to have, let's say for
the next 5 years, it should be rather clear. Based on that, individual
members of the PAB can determine whether or not it is something they feel
at this time they can participate in effectively, or if there are others
who can more effectively do that.
Mr. Crain said his impression was that the PAB felt they were seem
as a body which should be responsibleto the Board of Selectmen and the
Town Manager. Appendix A captures what he understood to be, and what
he would encourage to continue to be, the charge. That specific activi-
ties with the number of action phrases like, "review," "Initiate studies
of, or review and make appropriate recommendations." That is the way he
would. identify with the proper role of the committee, in addition to
being responsive and available as a resource to us. Withthis ap-
pendix, to be able to determine its priorities where it would take ^_
actions,obviously subject to the Board of Selectmen's review, and
make conclusions.
Mrs. Battin agreed. That the PAB review when something is brought to
their attention, but they also initiate where they see a need exists.
Initiating doesn't meanthat you proceed on the review but you propose
to us that you undertake something. Being lay people, we often don't
know enough about it to come to you; you probably see, where we don't,
where you ought to be involved.
1
1
Selectmen"s Meeting
- 10 - June 18, 1979
Chairman Miley said that the Personal Advisory Board's initiative in
the affirmative action program is a perfect example of how well'they
brought that to us and how well they dealt with it. It was adopted by
the town and, as a result, we are one of the few towns that really got
going on this, and people are copying it.
Ms. Small said she would like some help on the question of agenda set-
ting. Now, we have a professional in the Town Manager but the professional
management of the town is different than it was 5 years ago when the charge
was written. It becomes a question of what do we initiate, what do we re-
view, and how does the process happen? Within what parameters do we initiate?
Affirmative action and the way we set our agenda several years ago was based
on some very clear needs and mandates. All of these would have to be re-
viewed, and is it still important to do all of these things? How do you
and the Manager feel about it, and where are we in it?
Mr. Crain said that he sees it as a committee of resource, a committee
rich in professional background; that in addition to responding to specific
directions and requests, they might seize upon something like an area of
employee total communications and say in your priorities you are going to
spend some time analyzing where the town is on total employee communica-
tions, conceiving what you would recommend and improve that process. Making
that available with the Manager and then reviewing with us. (We might just
say, thank you but it's too sophisticated). Mr. Crain said that he would.
like to see the PAB working calmly on some priority that's not a response
to a minor crisis or an immediate focus.
Mr. Kent asked if, therefore, there is a need for the Board to outline
in the charge, at least in general terms, the areas in which the Board would
hope the PAB would do that? As he heard Mr. Butler, there is essentially a
pleas for the Board to delineate anew the charge to this Board.
Mr. Butler said the::PAB needs clarity as to wheh you want us to move
on. You have used us in a response mechanism; therefore, we understand that
is what you would like, and that's part of the frustration. One other point
is, if the expectation of the Town Manager is not the same as the Board of
Selectmen, then there' is: further conflict. We are trying to respond. We
can initiate but our purpose isn't to initiate. He would not want to
initiate something, put effort into it, and then hear that it was a good
idea but the Board of Selectmen didn't want to do it.
Mrs. Battin said that we have used you to respond to things when we had
a crisis. We did think that if you saw a need to initiate, you would do so -
and if you hadn't then there was nothing you saw particularly necessary and
needed at the time. There are areas that we and the Manager don't know about
and we'd like to have you come in and say you would like to work on a particular
thing. What we need to do, with all of us agreeing, is to re -write the charge.
Mr. Hutchinson said that his concept is similar to the Board's. There is
one area he felt is inappropriate at this time,,and it is not necessary to have
a member of the PAB costing out fringe benefit demands. However, looking at
all of the contracts is something he would welcome; if someone is interested
in working on that or makiing suggestions to him or the Board, fine, but not
to become part of the bargaining process itself. He would like to see some
of the initiation that has been raised by the Board, and the PAB did raise it
to him about training. We have a very limited capability in training and we
are not doing what we should be doing.
Selectman's Meeting
- 11 - June 18, 1979
Mr. Crain asked if Mr. Hutchinson saw the PAB as a natural and con-
tinuing.resource with whom he,waiuld interface as he approached final
stages of bargaining? Mr. Hutchinson said he did, and he had asked
about the wage policy.
Mr. Butler said the way in which we can be helpful is in the policy
areas, not on a day-to-day basis. We can't be a substitute for a per-
sonnel department in the town.
Mr. Kent said that only oneperson can conduct collective bargain-
ing negotiations. The Manager conducts (ando:rding:to:thecstatute), and
he was perfectly •content to have him do that. Is there any utility in
the PAB - someone• knowledgeable in collective bargaining - is there an
advisory relationship to the board in regard to the board's general
assessment of the Manager's conduct of this particular aspect of per-
sonnel work where the PAB could be useful?
Mr. Crain said it is suggested to be evaluative, he would have a
concern because unless one sits at the table (he was not recommending
anyone sit there other than the key person), one really doesn't know
except if the treatment is harsh or unfavorable. But, in terms of a
resource available to us in addition to the Manager - advisory as to
strategy - he could see that.
PAB It was agreed that Mr. Hutchinson, Mr. Buss, and Mr. Butler would
Revised work on a draft of a revised charge to the Personnel Advisory Board,
Charge to be submitted by the first part of August.
MrHiitthinsancsajd:ilie::felt -that Items 1. and -2. of the PAB state-
ment are agreed upon, but Item 3 -Advice and assistance to the Board of
Selectmen in conceptualizing the philosophical and policy issues inher-
ent in a personnel system, these are addressed perhaps not as well as
we might.
Mrs. Battin recommended that this area be spelled out as part of
the charge - as to how it gets started, how it gets done, and what it
entails.
Ms.. Small supported this recommendation. When Nancy Banks was re-
writing the personnel policy and brought it to the PAB, some of us had
a lot of difficulty because we didn't know whet the philosophy behind L'
the policy was.
The Board noted Mrs. Battin's recommendation.
Mr. Kent said that one important aspect to this re -draft is
that we have clear indications of the relationship between the Per-
sonnel Advisory Board and the Appropriation Committee, and at some
point to have some discussion with Dick Perry and Don White. He
requested that this subject be specifically and thoroughly addressed.
The Board agreed.
Mrs. Miley thanked the Personnel Advisory Board members and they
agreeUternaet with:.the^Board in Executive Session this evening.
Selectmen's Meeting
- 12 - June 18, 1979
The Board discussed the communication from the League of Cities and Mass.League-
Towns requesting the Board to sign the proxy for the special meeting on Mass.Municp.
June 27 regarding the Massachusetts Municipal Association, Inc. The Assoc , Inc.
letter stated that,:.:based on the advice of counsel, it has been decided
to retain the existing articles of organization of the League of Cities
and Towns, and to change its name and structure. The special meeting is
to be held to go through a formal voting and, meeting process in order to
change the name to the Massachuse4:1 Muntcip'h.Association, Inc. and to
permit the Board of Directors to blipand am the new by-laws.
During discussion, the Board agreto go on record as strongly opposing
Article I1, section 1(b) -Participating Members, in the proposed by-laws,
which allows a county government to become a voting member of the Associa-
tion. The Board felt it inappropriate to involve as voting members another
level of government.whose interests may often be at variance with municipalities.
Upon motion duly made and seconded, it was voted to request Mrs.
Battin to convey to the appropriate Directors of the Massachusetts
Ieagud. of Cit&ea .aiidr.Tovins. the view of this Board that county govern-
ment should not be a voting member of the Massachusetts Municipal
Association, Inc.
Upon motion duly made and seconded, it was voted to sign the proxy for
the special meetingof the Massachusetts League of Cities and Towns on
June 27, 1979 to vote (1) For amendment of Articles of Organization;
(2) For amendment of the Articles of Organization to authorize the
Directors to make, amend or repeal the By -Laws.
Upon motion duly made and seconded, it was voted 5,41 -by roll call
vote - Mrs. Miley, Mr. Busa, Mrs. Battin, Mr. Kent and Mr. Crain - to go
into Executive Session for the purpose of discussing strategy with respect
to collective bargaining, with no intention of resuming the open meeting.
After discussion, it was voted to go out of Executive Session.
Executive
Session
Upon motion duly made and seconded, it was voted to adjourn at 10:45 p.m.
A true record, Attest:
Executive Clerk, Selectmen 1 r
55L
SELECTMEN'S MEETING
JUNE 22, 1979
A special meeting of the Board of Selectmen was held at the
Telephone Training Center in Marlboro, Mass., on Friday, June 22,
1979 at 9:30 a.m. Chairman Miley, Mr. Busa, Mrs.. Battin, Mr. Kent
and Mr. Crain;, Mr. Hutchinson, Town Manager were present.
The Board conducted a wide ranging discussion involving the
following areas:
A. FINANCE AND TAXATION POLICY - The Manager advised the Board
he would be working on during the summer an update of a five-year
tax projection once State aid and Cherry Sheets are available. The
Board advised the Manager that it had reservations about raising fees
such as the water rate to assist in efforts towards property tax
stabilization, requesting more information on how the water system
could be more self-supporting. The Manager said that data was being
developed now for an enterprise system approach consistent with the
audit recommendations, yet also recommended that rates go up on a
gradual basis if necessary rather than inconsistent fluctuations in
the rate. Use:fees will be addressed in the five year tax projection.
The Board advised the Manager that they wanted periodic reports
from the Board of Assessors about the status of revaluatioGso that
this sensitive matter could be closely monitored. The Manger said
he would design an appropriate reporting system and report back to
the Board.
It was pointed out that the utilization of E&D should be con-
sidered closely as it relates to next year's budget and the budget
after that which would involve the new tax rate under revaluation.
B. ENVIRONMENTAL CONCERNS
Sanitary Sewer Program - The sewer program seemed to be
functioning well. The Manager did say that he would have a recommended
revised ass sment policy within 30 days. The Sewer Advisory Committee
has worked out well as a structure to interact with citizens and the
Board on a proposed sewer program.
Solid Waste - The Manager said that the Solid Waste Advisory
Committee would have a report ready by September 30 reviewing tonnage
commitments, legal questions and any alternates other than NESWC.
This would give the Board 60 days for review.
Conservation/Development - The Board raised concerns about
the level of maintenance that the Town was expected to provide for
its growing conservation property and lands in general. The Board
psi
Selectmen's Meeting
-2- June 22, 1979
felt that this should be a matter for discussion dealing with groups
such as Conservation and Recreation. The general reaction was that
the appearance of our public lands should be improved but that the
development of new items such as trails in conservation properties
should be a development matter rather than a maintenance matter.
C. HOUSING - Mr. Busa pointed out that the minority report
regarding the housing policy statment had never been officially
accepted. It was agreed that Mr. Zabin should be contacted to
convene the housing group again to reaffirm its position on the
majority and minority reports and that the Board should clarify whether
it is accepting and adopting the report as part of its housing assis-
tance plan.
It was agreed that the Town is moving in the right direction on
housing and that the Board as a whole will try to cooperate with
efforts towards balanced housing while sometimes possibly disagreeing
on the approach to that balance.
D. SCHOOL CONVERSION - The Board stated that it felt that Parker
School should remain with its original concept with up to 30 units
being allowed for development confined to the existing structure with
25% to be committed.to low and moderate income housing. The Board
said to continue the process with Munroe School with.a particular
emphasis on investigation of the viability of a senior citizen center.
The Board said it would continue to work for a balance on the School
Conversion Committee while utilizing appropriate neighborhood interests
as resource groups within the decision making process. it was agreed
that a single committee should be maintained with appropriate involve-
ment in each school, e.g., neighborhoods, in the process. The Board
asked Mrs. Miley, the Chairman of the Board, to contact the developers
of Hancock School to clean up remaining problems there. The Manager
was requested to contact the Hancock School condominium owners regard-
ing their feelings about the paint.
E. HUMAN SERVICES - Mrs. Battin advised the Board that she and
Mr. Crain would have a draft of a charge for a Human Services Committee
during August or September. The Board agreed it did not want to have
duplicating committees in this area. Mrs. Battin further agreed to
continue to work on the goal setting process, specifically re scheduling
dates because of the delay of a long Town Meeting. The Board indica-
ted to the Manager that they wanted to assure that the Traffic Safety
Committee was working through the Board rather than responding to
specialized requests.
F. PERSONNEL ADMINISTRATION - Salaries - Upon motion duly made
and`.seconded, it was voted to adopt the pay plan as submitted by the
Manager, with the understanding that the Building Commissioner's
position should be reviewed under a reclassification process prior
1
Selectmen's Meeting
- 3 - June 22, 1979
to any additional adjustments beyond the range.
It was agreed that Mrs. Miley will continue as a member of the
School Sites Conversion Committee.
The Manager left the meeting at this time in order that the
Board could discuss his evaluation and that of Mrs. McCurdy.
Upon motion duly made and 1ise6onded, itwa4Aroted to grant a
6% adjustment for the Executiveerk and the Awn Manager. Employees
would be advised of their performance evaluations by the Chairman. It
was agreed that it had been a productive year and that the Board would
continue to address the wide range of goals discussed at this meeting
and continue to test how these goals were being addressed.
Upon motion duly made and seconded, it was voted to adjourn at
2:45 p.m.
Respectfully submitted,
oly
Robert M. Hutchinson, Jr.
Town Manager
.s'f8
1
SELECTMEN'S MEETING
June 25, 1979
A regular meeting of the Board of
Meeting Room, Town Office Building, on
Chairman Miley, Mr. Busa, Mr. Kent and
ger and Mrs. Nancy Banks, Assistant to
Clerk, Selectmen were present.
Selectmen was held in the Selectmen's
Monday, June 25, 1979 at 7:30 P.M.
Mr. Crain; Mr. Hutchinson, Town Mana-
the Town Manager; Miss Casey, Principal
The Chairman opened the meeting with an administrative and Selectmen's Moon Hill
hearing regarding the request of Mr. & Mrs. Richard S. Morehouse to extend the Sewer
proposed sewer at Davis and Bird Hill Roads through an easement in order to
service their house at #37 Moon Hill Road.
Mr. Frank Leahy of the Engineering Department informed the Board that the
time schedule calls for the construction of a sewer in Davis and Bird Hill
Roads in the fall. This makes it possible to service the four homes on Moon
Hill Road by extending the sewer from this intersection southwesterly 85 feet,
then going southeasterly with a sewer eastment of 180 feet to service the
Morehouse property. From this point it is possible to service the other three
houses on Moon Hill Road via a sewer easement behind the three homes.
During the discussion it was brought out that for several years there has
been considerable opposition to this project from the people living in the
area. Mr. Chalpin, Senior Engineer, stated that plans have been gone through
with the neighbors, step by step, and the present plan arrived at is the final
of five. There will be four houses assessed for the project, one of which is
Mrs. Thompson's who was not at the hearing and who had previously objected to
the project. Mr. Arthur Dempster, #39 Moon Hill Rd., Mrs. Louis Quagliata,
38 Moon Hill Rd. and Mrs. Richard Morehouse were in attendance and expressed
concern relative to the destruction of trees and shrubs in the area but were
in agreement that the project go forward.
Mr. George Smith of our Board of Health and Mr. Charles Code of our Sewer
Advisory Committee agreed that the sewer should be constructed because there
is so much ledge in the area and any failure of septic systems at the top of
the hill would create a health problem in the lower areas.
The Town Manager informed the Board that a report will be filed on the
estimated betterment:assessments and that he will try to contact Mrs. Thomp-
son with the intent of trying to resolve
Department can proceed with the project.
August, he will stay in contact with the
The Chairman thanked the residents,
of the Board of Health for being present
any problems so that the Engineering
As the cOntract::bids go out in
neighbors and keep them informed.
Sewer Advisory Committee and Mr. Smith
and declared the hearing closed.
The Manager requested the Board to authorize additional funding in the Additional
amount of $26,457.52 against the $2.5 million dollar bond issue to complete Funding
the Moon Hill Sewer Project bringing the total project cost to $308,400.00. Moon Hill
Upon motion duly made and seconded, it was voted to authorize additional Sewer
funding in the amoung of $26,457.52 against the $2.5 million dollar bond issue
to complete the Moon Hill Sewer Project.
The Manager requested the Board to authorize the transfer of $6,775.00
to Account #1775 (Legal Fees) to cover unanticipated costs of the Dennis
and Hall cases and a transfer of $1,837.16 to Account #1800 (Legal Expenses)
Transfer
Requests
JCO
- 2 -
to cover the cost of the Dennis case and the cost of having Zorka Engineer-
ing testify on the Town's behalf. He also informed the Board that the
Public Works Department came to himtoday and requested a transfer in
Account #5700 (Sewer Maintenance) for a complete overhaul of the North
Street pumping station and an overhaul of the main pumping station on Bed-
ford Street and a court judgement by Middlesex District Court. The total
request was $4,000.00.
The Board expressed concern that there was no time to review the figures
and present any questions concerning the transfers. Mr. Hutchinson is to
file a complete report regarding the requested transfers.
Upon motion duly made and seconded, it was voted to authorize the trans-
fer of $6,775.00 to Account #1775 (Legal Fees), $1,837.16 to Account #1800
(Legal Expenses) and $4,000.00 to Account #'5700 (Sewer Maintenance.)
Life Insurance The Manager requested the Board to table the award of any commissions
Commissions or binders fees on the life infurance policy awarded last week to the Boston
Mutual.subject to his getting additional information from the Boston Mutual.
Mr. Crain asked whether or not it was normal for the Board to be in a posi-
tion of having to select the broker. Mr. Hutchinson informed the Board that
it had been before the Board before and he will check with Town Counseland
find out who the appropriate awarding authority is. Mr. Kent expressed the
same concern and Mr. Hutchinson is to get a report for the Board.
Public Offic- The Manager requested authorization of the Board to obtain a formal
ial Ins.
quote from Unimark McDonald of Dallas, Texas and enter into an agreement on
the Public Official Liability insurance for the period July 1, 1979 to
July 1, 1980 so the Town would be covered as of July 1.
To Mr. Kent's question, the Manager stated that the policy had not been
reviewed by Town Counsel, but would be this week. He had reviewed the policy
administratively checking the coverage and details without legal advice.
Mr. Kent stated that he felt that Town Counsel should review the policy
coverages and its soundness before acting on it.
Mr. Busa felt that a quote and coverages should be obtained before en-
tering into any agreement.
The Manager informed the Board that the present policy expires on July 1
and that it was very difficult to obtain this type of coverage. He stated
that he had obtained quotes on the phone and was trying to get them formalized.
Mr. Crain stated that something should be obtained in writing prior to,
July 1 that assures that.there-is coverage as this is a critical official and
personal area. He requested that the procedure be tightened up and that the
advice of counsel be obtained. The Board agreed to table the matter along
the lines indicated by Mr. Crain.and the Manager is to get a binder on the
coverages.
Kendall Rd.
Street of
Acceptance be
Apptoint-
ments
Council on
Aging
Mr
of
to
The Manager~ -informed the. Board that.he-hadreceived'Ta`:peition from some
.the residents of Kendall for street acceptance of Kendall Road. It will
in the budget considerations for next year's street construction.
The Manager requested the approval of the Board for the appointment of
. Joseph Rooney and Mr. Louis Tropeano to the Council on Aging.
Upon motion made and seconded, it was voted to approve the appointment
Mr. Joseph Rooney and Mr. Louis Tropeano to the Council on Aging for terms
expire April 1, 1982.
1
- 3
Selectmen's Meeting June 25, 1979
The Manager requested the approval of the Board in the reclassifica-
tion of the clerk in the Inspection Department. Under Mr. DiMatteo's ad-
ministration, he has reassigned the Inspectors so that they are out of the
office 75% of the time and are no longer available in the office to assist
the Clerk. As a result, the clerk must work more independently responding
to inquiries and overseeing the permit process. The Classification Review
Board has approved this reclassification.
Upon motion duly made and seconded, it was voted to reclassify the
position of the clerk in the Inspection Department from Class 3 to Class 4.
Mrs. Banks informed the Board that a group called the "Friends of the
Lexington Council on Aging" which was incorporated last year wish to embark
on a fund raising campaign to raise funds for a senior center. They wish to
prepare the legal documents so that contributions can be tax deductible.
They wanted to inform the Board so that if there were any concerns they
would like to know before starting the fund raising process.
The Manager informed the Board that this would be a private agency and
the Town would have no part in it.
Mr. Busa expressed concern regarding whether or not there would be two
groups going in different directions to establish a senior center -- or would
this group be coordinated with the Council on Aging.
Mr. Hutchinson stated that, as he understood it, it would be a joint
venture in the sense of monies being made available and there would be rep-
resentation on it of the Council on Aging.
Mr. Crain pointed out, and the Board agreed, that it would be in no
position to formally recognize such an undertakingand should not get in-
volved.
Mr. Kent agreed and stated that such a group has no obligation to
obtain the permission or blessing of the Board of Selectmen. It is strictly
a private enterprise. It is private activity and really cannot have
and does not need the official sanction of the Board.
Mr. Hutchinson will reply to Steve Clark .who had contacted'him and
articulate the position that what they do is on their own and the town does
not endorse the venture but appreciates being informed.
The Transportation Committee met with the Board to discuss the winner
in the "Name the Mini -Bus" contest. Mrs. Sally Castleman and Mr. Fred Rosen-
berg were present. Mrs. Castleman requested the approval of the Board rela-
tive to the selection of the name which they felt met the criteria they had
set forth. The first choice was LEXPRESS.
Upon motion duly made and seconded, it was voted to approve the name
"LEXPRESS" for the mini -bus.
The Chairman thanked the committee for itshard work on the mini -bus
proposal and Mrs. Castleman and Mr. Rosenberg retired from the meeting.
The Manager brought to the attention of the Board a letter that had
been received from the Governor on his proposedgasoline control -:program that
was received today. He asked the Board of Selection working through its
administration, specifically the police department to coordinate the opening
and closing of retail gasoline stations in order to be sure that one or more
retail gasoline stations would be open and selling gasoline from 7:00 a.m.
to 10:00 p.m. seven days per week. It was requested that the local police
departments make this information available to local:residents as well as to
communicate the names, addresses, telephone numbers and opening and closing
.561
Reclassi-
fication
Clerk
Insp. Dept
Friends
of the
Lexing-
ton
Council
on
Aging
Mini-
bus
Name
Contest
Gas
Short-
age
.Sd
- 4 -
hours of the stations to the State Energy Phone each Friday morning for week-
end dissemination to the public. Certain amounts of state set-aside gasoline
would be available and may be used to supply stations willing to remain open
on Sundays and holidays.
Mr. Hutchinson informed the Board that he would like to work with the
Chamber of Commerce, who had told him previously thatit would be willing
to glad to work with him. He felt that by outlining the Governor's set-
aside program to the retail dealers there may be some who would be willing
to stay open on week -ends.
Mr. Kent pointed out that the Governor specifically requested that the
police as the localagencyto handle this and he felt that Mr. Hutchinson
feels that it is an administrative function within his office. Mr. Kent
feels that the Manager should handle it. The Board agreed and Mr. Hutchinson
feels that the Governor would be comfortable with this arrangement.
MAPC Grant The Board discussed at length the request of the Manager for approval of
Application an application to MAPC for a grant in the amount of $5,000. The funds to be
used to hire a part-time management analyst who would work with Mr. DiMatteo,
the building commissioner, in the creation of an 'Office of Community De-
velopment." The town, as part of the grant, must provide matching funds for
the project. The Manager stated that $3,000 may be allotted for personnel
compensation from budget #1070 (temporary and part-time personnel) and the
remaining $2,000 will be contributed through in-kind services. He stated
that temporary help is a budget the manager controls, but the grant requires
the the elected officials' approval of the petition. It would be a one-
year project the objective to coordinate and bring under one head the plan-
ning, building and conservation areas.
To questions posed by the Board, the Managerstated that the individual
would report on .a day to day basis to the building commissioner and report
back to the manager's office and a report would be filed with the Board.as
well. He pointed out that the intent is to look at the whole permit process
and the overlaps that are in existence now as there are separate filing
systems in all areas and separate permits in all areas. He feels that there
should be a way to centralize the systems. He informed the Board that
specific skills for the job had not been established but a job description
had been and what was required was some management experience, administra-
tive experience and knowledge of the building area. He stated that the
process was to investigate the current procedures'land also that of an
office of community development, if that is desirable in the process.
Mr. Kent expressed concern for the need for the creation of an Office
of Community Development. He stated that if the grant presentsan opportunity
to obtain some outside funding to enable the manager's office to attempt a
coordination of all the permit procedures in the community with a view of
making the whole structure within the office of the building inspector and
related departments smoother or more effective it'was fine. His concern
was the seeming permanent structural addition to the town of an Office of
Community Development and he did not want to endorse that.
Mr. Busa felt that it was another step in the bureauracy of town
government and he would like to see the money used for part time help.
Mr. Crain stated that he felt that the points were well taken but he
felt that it was an appropriate use of 14% of part time funds with the
proviso that the Board would have a report by the July 23 meeting contain-
ing the specific objectives of the use of the position and what specifi-
ca11y the building blocks are that are intended to lead to those objectives
so that periodically, after once understanding the process that will be
employed, the Board could have check points wehreby it could see what
progress is being made. He requested that the specific skills that are
1
1
1
5
Selectmen's Meeting June 25, 1979
envisioned be well delineated so that as the position is advertised and
candidates come in they can be candled against them.
To Mr. Kent's question, the Manager assured the Board that it could
withdraw the application or decline the grant at any time.
Mrs.. Banks .informed the Board. that Mrs. Frick,. Lexington's repre-
sentative
epresentative to the MAPC had discussed the application with her and had two
concerns that she would like cleared up before she would endorse the
application. The application requires the endorsement of the MAPC rep-
resentative. Mrs. Frick requested a changeinthe definition of what the
Conservation Commission does to expand its administration of the Wetlands
Protection Act and some small language changes. Mrs. Banks stated that
the changes would be made.
Upon motion duly made and seconded, it was voted to approve the re-
quest to apply to the MAPC for a grant in the amount of $5,000, and the
Town to provide matching funds with the proviso that a report would be
filed with the Board by July 23 outlining the specific objectives, what
the building blocks are that are intended to lead to the objectives, and
the check -points to monitor the progress and the specific, well delinea-
ted skills of the candidates.
The Board voted to approve the following agenda items:
Sign an additional Order of Taking for sewer easements in Patricia
Terrace. Town Counsel advised the Board that the Order_of Taking
approved at the meeting on June 18, 1979 would not be recorded.
Request from the Conservation Commission to sign Exercise of
option to purchase E A T Realty Trust land for conservation
purposes.
Sign Warrant to Animal Control Officer re: 841 unlicensed dogs.
Approve addresses for Certificate of Incorporation as
Tri Community Health Services, Inc. 353 Mass.
Lexington Chamber of Commerce 1875 Mass.
follows:
Ave.
Ave.
Approve minutes of Meetings of March 12 and May 29, 1979
Accept resignation of Mr. Theldon E. Phinney as a member of the
Board of Registrars, effective June 30, 1979
Appoint the following guides:
Andrew S. Macey 359 No. Emerson Road
David Marin 68 Old Colony Road
The Board discussed the charge to the newly formed Community Health
Committee that was drafted by Mr. Page and the appointment of the members
to the Committee. Mr. Kent stated that Mr. Page expressed a preference
to hold one appointment pending as he would like to have someone related
directly to the committee to be formed on the human services structure
organization. The Board agreed.
543
Easement
Patricia
Terr.
E A T Realty
Trust Option
Unlicesed
Dogs
Cert. of
Inc.
Minutes
Resignation
Theldon E.
Phinney
Guides
Community
Health
Committee
- 6
_: Upon motion duly made and seconded, it was voted to approve the follow-
ing charge to the Committee:
1. To participate with the Human Services Council in drawing up
a charter for a permanent Community Health Committee struc-
tured appropriately under the Human Services Council umbrella.
2. Collect information on medical and other health services
available to the citizens of Lexington as suggested by
Dr. Michael S. Erdos and reviewed with the Board of Health
at its June 18, 1979 meeting.
3. In defining a charter, this Ad Hoc Committee will take into
account the proposed charter contained in the January 10,
1979 memorandum to the Board of Selectmen as endorsed by the
American Association of Retired Persons Executive Committee,
The _Lexington Council on Aging and the Health Legislation
Sub -Committee of the Lexington Forum on Aging.
Upon motion duly made and seconded, 'it was voted to appoint the follow-
ing people to the Community Health Committee:
William R. Page
Jacob B. Gardner
Jacquelyn H. Ward
Lore Jean Kern
25 Oakland Street
17 Normandy Road
15 Robinson Road
43 Circle Road
The Board discussed the formation of the Burglar Alarm Committee.
Upon motion duly made and seconded, it was voted to approve the follow-
ing charge to the Burglar Alarm Committee:
1. The Committee is charged with reviewing and recommending appro-
priate solutions, including by-law adoption if desirable, to
communication problems at the Police and Fire Departments.
2. These studies should further involve investigation of alternate
communications systems and the apporpriate processes for in-
stalling alternate systems to resolve the problem of communica-
tion overload during certain periods at the Police and Fire
Departments.
3. A preliminary report shall be filed by September 1 and a com-
pleted report with recommendations by October 1. The dissolu-
tion of this Committee is scheduled for October 1, 1979.
Upon motion duly made and seconded, it was voted to appoint the follow-
ing members to the Burglar Alarm Committee:
Fred C. Bailey
Daniel L. McCabe
Howard Cravis
Chief James F. Corr
Chief John D. Bergeron
48 Coolidge Avenue
225 Waltham Street
6 Rogers Road
Police Department
Fire Department
- 7
Selectmen's Meeting June 25', 1979
The Chairman requested the Board's approval of the charge to the
School Sites Conversion Committee.
Upon motion duly made and seconded, it was voted to approve the
charge to the School Sites Conversion Committee as follows:
1. Determine the best short term handling of Parker and Munroe
Schools.
2. Determine the best possible development of Parker School with
the use being 25-30 condominiums, 25% given to the Town of Lex-
ington for family housing as described by HUD
3. Determine the most advisable disposition of Munroe School build-
ing and site, the Committee to cinsider fully the possibility
of use for a senior citizen center.
The Chairman informed the Board that the Planning Board was to dis-
ctiss the request of Mrs. Erin O'Brien to obtain the land that abuts #34
Homestead Street at its meeting this evening and came up with a report
to the Selectmen before their meeting adjourned.
The Manager stated that he had talked to Mrs. O'Brien and informed
her that any land that would be conveyed would not be allowed to be built
upon. She said that she was unaware of this restriction.
Mr. Busa informed the Board that, if at sometime in the future, they
petition Town Meeting these restrictions could be lifted.
Mr. Kent stated that there seemed to be no clear cut definition of
what was intended by the restriction -- adding on to a present structure
or a whole new structure. He felt, and the Board agreed, that in the
future restrictions will have to be very carefully drawn to describe just
what is intended.
As no information had come from the Planning Board, the Chairman
adjourned the meeting.
Upon motion duly made and seconded, it was voted 4-0 by roll call
vote, Mrs. Miley, Mr. Busa, Mr. Kent and Mr. Crain - to go into Executive
Session, with no intention of resuming the open meeting, for the purpose
of discussing strategy with respect to collective bargaining and a matter
of .possible litigation.
After discussion, it was voted to go out of Executive Session.
Charge
School
Sites
Conversion
Committee
Request
to Obtain
Land
Erin
O'Brien
Upon motion duly made and seconded, it was voted to adjourn at 9:30 p.m.
A true record, Attest:
rincipClerk, Selectme
SELECTMEN'S MEETING
JULY 9, 1979
A regular meeting of the Board of Selectmen was held in the Select-
men's meeting room, Town Office Building, on Monday, July 9, 1979, at
7:30 p.m.. Chairman Miley, Mr. Buse,. Mrs. .Battin, Mr. Crain; Mr.
Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Mrs. Banks, Assistant
to the Town Manager; -Mrs. McCurdy, Executive Clerk, were present.
Mr. George H. Pierce, Jr., 63 Valleyfield Street, and his Attorney,
Mr. Whittemore, met with the Board.
Chairman Miley said that Mr. Pierce had requested an appointment
with the Board to discuss a. piece of land which was purchased in 1976
by Mr. Ralph J. Masciulli, 59 Valleyfield Street; tax title lot 26,
Assessors' Map 24, located on Valleyfield Street. The Board has copies
of the:minutes of the Selectmen's Meeting held on June 7, 1976, when
the matter was discussed. Also, a letter from Mrs. Battin, then Chair-
man of the Board, respondingto Mr. Pierce's letter of July 20, 1977,
stating that the Board had discussed the letter on August 8 and before
any further discussion could be held, we would need a copy of the legal
agreement with Mr. Masciulli and a sketch plan showing the proposed loca-
tion of the building Mr. Pierce wished to construct on the lot.
Atty. Whittemore said there was an agreement between the two abutting
neighbors, Pierce and Masciulli, to apply for this tax title land in the
name of Masciulli and they would then divide it for the purpose of both
parties adding a garage to their homes. There was no problem and the
land was sold to the Masciullis. The kicker came when we found the re-
striction in the deed from the town to Mr. and Mrs. Masciulli that,
"This conveyance is made subject also to the restriction that said lot
shall be combined with the adjacent lot owned by the grantee (Masciulli)
and that for a period of ninety-nine years from the date hereof no build-
ing shall take place on said lot except for the construction of a garage
attached to the existing dwelling on the adjacent, such garage to extend
onto such lot no more than fourteen feet plus any overhang therefrom..."
Atty. Whittemore said this leaves out totally any shot M=..'_and.Mra.. Pierce
have:of being able to put on their proposed garage. We don't know what to
do first as we have not had a deed from the Masciullis, basically because
we don't know whether we can get this restrictionamended to cover one
situation, namely to put on a garage. Mr. Cohen said the agreement had
no date, and Mr. Whittemore agreed. He said it was approximately March
of 1976 and it followed a notice to the abutters in February or March that
the town would put the low value land up for sale only to those two parties,
and it was at that time they agreed they would both go in on the cost
for the purpose of both agreeing on a garage. Mr. Cohen said on June 7,
when Mr. Buse was Acting Chairman, there wasn't anything in the minutes
about an agreement, and he assumed the town didn't know anything about an
agreement at that time. Mr. Whittemore said that is probably correct. We
are not trying to represent to you that it was brought out at that meeting.
What we are trying to do is get this thing worded or amended in such a way
that we would be allowed to put a garage on.
Pierce-
Masciulli
Land
45-6 7
MAPC -
Minuteman
Bicycle
Highway
Cert.
of
Incorp.
Resigna.
Solid
Waste
Com.
Minutes
Guide
Selectmen's Meeting - 2 - July 9, 1979
Mr. -Cohen asked if there is any litigation on this? Mr. Whittemore
said there had been some suggested but he had just come into it this
weekend; there might have been. There is still a sale price on this
property right now and what he is tryingto determine is whether or
not it would be worthwhile. to purchase it or not. Mr. Cohen said his
advice to the Board is that the agreement doesn't concern the Board,
and Mr. Whittemore's question is if he did purchase half of the lot,
would the Board be willing to. 'review and support it as Town Meeting.
The Board agreed that research is required before any decision
could be -made. When the questions are answered, it will againlbe
scheduled as an agenda item for further discussion. In the meantime,
the Building "Commis± ner woul"d: a canaul"ted :arid Town Csunsel. would
advise as to whether it could be taken to Town Meeting.
Mr. Pierce and Attorney Whittemore retired from the meeting.
Chairman Miley read a draft of a letter recommended by Mr. Tom
Fortmann, Chairman of the Lexington Bicycle Committee, to be sent to
MAPC supporting the MAPC application for. EPA funds to study the poten-
tial impact on air quality of the proposed Minuteman Bicycle Highway,
which would follow the B & M right-of-way through Bedford, Lexington,
Arlington, Cambridge and Somerville to Boston. "This route is so ideal
that its potential for luring both commuters and local shoppers out of
their automobiles is enormous. Significant improvements in air quality,
noise, traffic congestion, and parking problems can be expected if this
project comes to fruition."
Upon motion duly made and seconded, it was voted to send a letter
to MAPC supporting the MAPC application for EPA funds to study the
potential impact on air quality of the proposed Minuteman Bicycle
Highway, as such a study would be an appropriate and beneficial use
of air quality funds.
The Board voted to approve the following agenda items:
Upon motion duly made and seconded, it was voted to approve 11 Muzzey
Street as a mail drop for the Massachusetts Consortium for Alcohol Educa-
tion, Inc. Also, to approve 5 Patterson Road as a mail drop for the
Assemblies of God Christian Center, Inc.
Upon motion duly made and seconded, it was voted to accept the
resignation of Mrs. Iris G. Wheaton as a member of the Selectmen's
Solid Waste Advisory Committee.
Upon motion duly made and seconded, it was voted to approve the
minutes of the Selectmen's meetings of June 4 (open), June 11 (open),
June 25 (open and executive).
Upon motion duly made and seconded, it was voted to sign the Guide
license for Kamala Soparkar, 12 Saddle Club Road, designating her an
Official Guide of the Town of Lexington.
Selectmen's Meeting - 3 - July 9, 1979
Chairman Miley read a letter from Mr. Clifford Porter, President of
the Republican Town Committee, submitting three nominees for an appoint-
ment to the Board of Registrars to fill the vacancy caused by the resigna-
tion of Mr. Thelden Phinney.
Upon motion duly made and seconded, it was voted to appoint Mr.
William Simmons, 82 North Street, a Registrar of Voters to fill an un-
expired term of office from June 30 to March 31, 1980.
Chairman Miley read a request from Mr. Edward Tippett, President
of Arlex Taxi Corp. to increase the fleet of taxicabs from nine to
twelve in order to service the needs of the town.
Mr. Busa said he had no problem with the request but he would
like to know where Mr. Tippett is going to park the extra vehicles.
We do have a problem in the Depot Square area and some arrangements
should be made for him to park those vehicles and not be in the business
section of the town. Are we going to give up three more parking spaces
in Depot Square or is Mr. Tippett going to move them toother sections
of town. He has a taxi stand in East Lexington and Mr. Busa had never
seen a taxi there.
Mr. Hutchinson agreed to
the Board.
Upon motion duly made and
quest Mr. Tippett's request to
talk with Mr. Tippett and come back to
seconded, it was voted to table the re -
increase the fleet of taxicabs.
Chairman Miley read a request from Attorney John Devine for a con-
nection of the Baptiste property at 140 Marrett Road to the Bacon Street
sewer main. Apparently, this has been discussed with the Engineering
Division, and Mrs. Miley and Mr. Busa felt it should be brought to the
Board but to be referred back to Engineering for additional information.
Mr. Busa said that Mr. Devine had been asked to write the letter and we
have to determine whether we have the right to grant him a sewer connection
orr whether it is a private way that he has no rights to. Before we can
make a decision, it should be referred to the Engineering Division and
Town Counsel for a recommendation. Mrs. Miley said in the future she
would suggest that people send a letter to the Board and we will refer
it to the proper departments for recommendations; this will expedite.
matters.
Chairman Miley said that at our last meeting we did bring forth the
charge for the School Sites Conversion Committee, one charge for both
Parker and Munroe Schools, and we are ready to make the appointments.
Mr. Busa nominated, seconded by Mrs. Battin, Arthur C. Smith, James C.
Wood, Jr., Francis G. Fuery. Mr. Crain nominated, seconded by Mrs.
Battin, William T. Spencer, Roland B. Greeley, Joseph 0. Rooney,
Robert M. Hutchinson, Jr.
Upon motion duly made and seconded, it was voted to appoint the
following members of the School Sites Conversion Committee for terms
expiring May 31, 1980: Arthur C. Smith, James C. Wood, Jr., Francis G.
Fuery, William T. Spencer, Roland B. Greeley, Joseph 0. Rooney, and
Robert M. Hutchinson, Jr.
.568
Registrar
Voters
Taxicabs
Devine -
Baptiste
Sewer Req.
School
Sites
Conv. Com.
Appts.
Appts.
Bd.Hlth.
CoA
Parker
School-
Edco
Lease
Transporta-
tion Man-
agement
Licenses
Selectmen's Meeting - 4 - July 9, 1979
Mr. Hutchinson recommended approval of his re -appointment of
Dr. Michael Erdos and the appointment of Mrs. Barbara Ruben.
Upon motion duly made and seconded, it was voted to approve the
Town Manager's re-rgpointment of Dr. Michael Erdos as a member of the
Board of Health for a 3 -year term expiring April 30, 1982. Also, to
appoint Mrs. Barbara Rubin a member of the Council on Aging to
fill.a term of office expiring June 1, 1980.
Mr. Hutchinson recommended approval of the extension of the Edco lease.
Upon motion duly made and seconded, it was voted to approve the exten-
sion of the lease with Edco for space in the Parker School until August 1,
1979.
Mr. Martin Hagerty:: came into the meeting and nominated Mr. David Fine
of Simonds Road for appointment to the School Sites Conversion Committee.
Mr. Hagerty was informed that board members had gone through the talent file
and the appointments had been made in order to have a balance on the com-
mittee. Mr. Wood had been appointed and would represent the Parker School
neighborhood. It was felt that a small, working committee would be more
effective but, in the future, the Board might consider additional appoint-
ments.
Mr. Paul Sullivan, Vice President of Transportation Management Corp.,
Attorney Conroy, and Mr. Peter DiMatteo, Building Commissioner, met with
the Board.to discuss the licenses issued for the premises at 1668 Mass.
Avenue.
Mr. DiMatteo said that Rowe Chevrolet has a Class I license for the
sale of automobiles. Transportation Management has a license for
limousine services; the question is,;;.arettbey licensed to operate a
fleet towing service or for the school buses that are there. In talking
with Attorney Conroy, they are based in Medford and they aren't really
operating out of there; although they use the colonial garage for repair
of school buses and the fueling up of the cars which operate in this:•.area.
This is a little bit of a gray area because their administrative offices
are in Medford - whether the cars that are based or operating out of
there are part of the license. Mr. Sullivan can give more information
on the actual basis of operation. Rowe Chevrolet and the limousine ser-
vice are licensed from the Colonial Garage. Mr. Hutchinson asked if that
addressed the towing operation as well? Mr. DiMatteo replied that's the
fleet auto, and is part of the maintenance and repair service; it is a
sub -function. Mr. Hutchinson said that everything's fine, except for the
interpretation of how this operation meets that. Mr. DiMatteo said it was
our assumption that the school buses and the fleet auto were based there.
The way to answer that would be whether the cars were registered in
Lexington. Chairman Miley asked if the excise taxes are paid to Lexington?
1
1
1
..570
Selectmen's Meeting
- 5 - July 9, 1979
Attorney Conroy said there are about 800 vehicles registered in
Lexington that are owned by Transportation Management; 800 out of 1100
to 1200 that they own. TMC makes an effort to register all of their
vehicles in Lexington if they can; they do register some out of Lexington.
There are about 800 cars or buses that are registered in Lexington for
1979 and the auto excise tax on those vehicles would be about $175,000.
Probably 500 ox-600,'.or-.all of those vehicles, would be in Lexington
one day a -month for maintenance and repairs. Mrs. Miley said that
obviously you aren't garaging 800 over there. Mr. Crain said that
Mr. DiMatteo had referred to a gray area and he wondered if the Board
would need the advice of Counsel on that. Mr. DiMatteo added tllat the
Winchester minibus is also operating out of there and has been there
for whatever reason, and that throws a little more into the gray area.
Counsel could answer what constitutes operating out of their' facility.
Mr. Crain requested clarification in order to resolve the matter.
Attorney Conroy said TMC has approximately 60 employees in Medford who
handle operations of the business, i.e., dispatching, signing contracts,
safety. Repairs and garaging do not occur at that office but do occur
in Lexington. Under our zoning by-law, there may be a requirement that
if you operate a bus out of a garage, you may require licenses or permits,
or both. Nobody knows the answer to this. We are trying to bring the
facts out for you to make a decision on special permits or licenses that
are required, and he thought Town Counsel would agree in terms of zoning
that if you've had a use that predates the Lexington zoning code, it may
be considered a non -conforming use. Mr. Conroy added that he had been re-
quested to tell the Board that Transportation Management is trying to be
a good neighbor in the Town. It is responsive to the requests of the
town and is trying to run an operation that the Board will be satisfied
with. Mr. Crain said that based on the lack of any negative impressions
that have been forwarded to him since the last discussion with Transporta-
tion Management, he was confident that remains the case. He was also im-
pressed with the significant tax revenue that TMC is bringing'iu::thetown.
He, -recommended clarification in order to resolve the gray area. Mr.
Hutchinson agreed to submit a report to the Board on the gray area.
Mr. Conroy asked about the status of the minibus contract, and Mr.
Hutchinson said it is stilluesitrrrtvcipTitand Transportation Management
is the apparent low bidder. He will attempt to award the contract this
week, subject to additional review of that contract.
Mr. Sullivan and Attorney Conroy thanked the Board and retired from
the meeting.
Mr. Hutchinson recommended that the Board vote an intent to take Temporary
temporary construction easementsrelating to street and sidewalk con- Construction
struction. Appraisals are being obtained and will be submitted soon. Easements
Upon motion duly made and seconded, the -Board voted an intent to
take temporary construction easements on Cushing Street -Authorized under
Article 51 of 1978; Banks Avenue -Authorized under Article 52 of 1978;
Tucker Avenue -Article under Article 53 of 1978; Wood Street -Authority
in Article 22 of 1979.
S-1
Mills
Req.for
Land
Masciulli-
Pierce Req.
r_./e41-7-4
0:01-4 YY/ryG,
Cov/ye-/L
Selectmen's Meeting - 6 - July 9, 1979
Mr. Hutchinson informed the Board that the Planning Board and the
Conservation Commission recommend against selling the land at the
corner of Lee -and Avon Streets, as requested by Mr. and Mrs. Kenneth A.
Mills, 33 Cedar Street. Mr. Mitchinson will write a letter to Mr.
Mills and inform them that the land is not for sale.
Mr. Hutchinson advised the Board that the Masciulli property
will require additional investigation.
Ms. Joanne Bluestone, Executive Director of the Greater Boston
Health Planning Council, Ms. Sherry Liebovitz, and Mr. William Sawyer,
Northwest Metropolitan Health Council, met with the Board. Chairman
Miley welcomed them and said they have the report of the human services,
which they may have used as a reference for discussion this evening.
Ms. Bluestone said she had read the report and would address it. In
1974, Congress passed the National Health Planning legislation estab-
lishing, among other things, that there would be a network of health
planning agencies throughout the country. There are 205 agencies,
funded by HEW, and the Boston agency covers major urban center, near
and far suburban areas, and they are the regional planner for applica-
tions and the determining factor for recommendations. HEW places greater
stress on costs and the major impetus now is in trying to put the system
together and reduce duplication. We see ourselves as a catalyst.
Lexington is one of the highest per capita income communities;
has one ofthe lowest infant mortality rates, which would indicate
the quality of pre -natal care; it is clear there is good access to
good health care providers. If we were to dig out some of the areas
we would express concern about, it would be problems of the elderly
and transportation - and you have already thought about them.
Looking at some of the health problems in other areas similar to
Lexington, we would raise some questions and wonder if some exist in
Lexington and just didn't come out as a result of the questionnaire.
Your unemployment rate is about the national average and you must
have some pockets of poor in the area. Particularly in affluent
areas, there is a tendency not toidentify the needs of the poor in
quite the same way as in populations that are larger. We frequently
find that medical indigency is something that is slow to be picked up
people who are unemployed and health benefits have lapsed; people who
may be elderly but not quite old enough to receive medicare benefits.
Very frequently we find they are simply going along and only seeing
their physician or going to the hospital only when they have an ab-
normally acute situation. They just aren't getting the kind of care
to keep them well.
Alcoholism is another thing; your report states your community doesn't
feel there is a problem with. If that is the case, Lexington is somewhat
different than our other cities and town. Massachusetts has the second
highest rating, and that is a problem facing us. It is:a hidden disease
and we would be surprised if Lexington didn't have some need for alcoholism
treatment. We might want to probe drinking problems with adolescents.
An issue you might want to look at is the number of groups that tend to
be isolated, particularly the elderly, and some of the problems that
portend to poor transportation services in the town increase that.
1
1
1
Selectmen's Meeting
- 7 - July 9, 1979
Ms. Bluestone said the situation with adolescents is acute; there is
a virtual epidemic of teenage pregnancy; increased use of alcohol; some
of the drugs used today are more dangerous than in the past. In going
from town to -town, we hear about the discontent with the adolescent
population on the part of townspeople and this nationwide problem could
be relieved by providing youth with increased outlets. That may not be
the case in Lexington. One of the things the report does'not address is
health/hospital service. Symmes-Arlington, Winchester Hospital, and
Choate -Woburn are talking consolidation and merger, and this should be
of great interest to Lexington. There has to be a reasonable relation-
ship between the consolidation and the Leahy Clinic. We brought out a
report on this and have put it in limbo until the three hospitals get
themselves closer together, but we will continue to play an active role.
Ms. Bluestone said Mrs. Battin:had:written her -:!that onetaf,the things that
yon,are_struggling With -As a notion,:'What is it'.aeasonable.:for a town to
provide? She didn't know; it depends on the town and what they are willing
to pay per family to provide for people. It depends on some of the
differences in the population in that town. As an individual, she suggested
that what towns have a responsibility to do is to try to make certain there
is some coordination of existing services; that doesn't mean that the town
has to provide those but perhaps it means that the town has to take, some
leadership in the coordination and in letting citizens know what is available
Even people who are. -quite skillful in taking care of themselves can have a
difficult time. One needs to look at one's own population to seek out how
muchofa vulnerable population you have and what do you perceive with the
elderly? She did a lot of advocating for the elderly, and it is getting
increasingly difficult for the elderly to stay in the towns they have been
living in all their lives. One thing her agency is actively interested in
is to try to add to services to keep people at home. Research has.been done
as to what happens to them when they leave their homes and become institution-
alized. To hold the line .on nursing homes and try to keep them at home; in
their own community to have congregate housing.
Mrs. Battin said one of the problems we are going tohave to define is
human services that the town ought to have any, involvement in which ought to
be coordinated or not. There are various ways of doing it, to just help those
who have an economic need - to the very broad one, the United Way. Any
activity which promotes, improves or maintains better living conditions
for people, which is everything we do practically, and the Boston College
report used just what you do which appealed to me, was looking at the
vulnerable population; thatwe determine ourselves what we think are.
vulnerable and in looking at what services are needed to take care of
the ways they are vulnerable. This seemed a valid way to start.
Mr. Crain said we have to start somewhere and then present it to the.
Board. There is a lot of argument in looking at their report - should the
library be, included, 766, etc. He was trying to decide which human services
we ought to be considering that the town has some role to play. What Ms.
Bluestone said had helped him.
Ms. Bluestone is one of the problems is cities and towns tend to add
on and add on; one of the things you really need to do is to just stop from
time to time and really look at what you have been doing and say, "Is this
viable, is this valuable?" She encouraged more than a community exercise.
.5Zt
J/73
Selectmen's Meeting - 8 - July 9, 1979
Technical assistance is one of the roles the agency plays and they would
be happy to be of help. In mental health service, you are fortunate in
having Mystic Valley Mental Health. We're finding cities and towns are
reluctant to establish community-based services. We are trying to get
our Metropolitan Council working closer together with the area mental
health coordinator.in and around the issue of community residence.
Mrs. Battin said reports that have been done for the Planning Board
it was suggested that conversations begin with M.V.M.H. We have just
passed at Town Meeting congregate housing for the elderly and perhaps
the next thing will be the handicapped in various ways, and this is being
talked about favorably at Town Meeting and byeinterested boards and committees.
Lexington is well down the road to being aware of the responsibility, and
thinking about how to meet it. Ms. Bluestone said maybe you could share
some concerns with me.
Mr. Crain said Ms. Bluestone has hit upon several critical areas,
one of which is the elderly situation. There can be a tendency in a town
like ours to assume that elderly people don't have problems that they do
in other towns. His own experience is, in addition to financial concerns,
loneliness is a major factor and he would applaud Ms. Bluestone's reference
that our challenge would be how to prioritize as we determine needs that we
have that presently aren't being sufficiently addressed; to eliminate some
things that used to be high priorities that perhaps now in the current
spectrum shouldn't be. That is a tough job and one we are going to have
to address as he didn't believe we can add money for everything we are
going to be persuaded we should do.
Mr. Busa concurred with Mr. Crain. He was concerned on where the
poor problems are in Lexington. He knew some of the families that the
affluent do not think we have. He is a Trustee of Symmes Hospital and
that project is going smoothly; also, he is on the committee to make
use of Symmes if and when they do merge into one main hospital - sites
have already been selected and they are going forward.
Mr. Hutchinson said he was curious about work done on resource
allocation and manning. We never talk about school nurses and we are
talking about spending money on highly trained, capable people on probably
the healthiest part of our population, our school children, and only in
the big cities do you find community health nursing services under the
Board of Health and it seems that we are failing as communities in towns
by not addressing the issue. The system has been designed this way and,
at the same time, with the growing elderly population it is inconsistent
to maintain a nursing staff for healthy people. Ms. Bluestone agreed.
Committees she has sat on have come up with the recommendation that
school health needs to be put under a health related agency; each time
it becomes such an enormous, political question. It needs to be put
together with a better approach to prevention, health education, etc.
and historically the educational facilities have not done it.
Mrs. Battin thanked Ms. Bluestone for a splendid job. She agreed
with Mr. Crain that it has been an enormous help. She and Mr. Crain
have to come in with a draft of what an advisory human services council
to the Board. of Selectmen might do. She particularly liked the suggestion
of going back to the beginning and see what we are doing now that we
don't need to continue, and what might be added. This certainly should
be one of their charges. Also, the fact that the report did not bring
Selectmen's Meeting - 9 - July 9, 1979
up;:all of the problems. Ms. Bluestone touched on alcoholism; we did that
from the perspective of People who treat alcoholics, not the people who
see the problem themselves, and it is much greater in Lexington than
was pointed out. Also, the problem of isolation. She agreed with -
Mr. Busa that we do have poverty pockets and we tend to forget about
the medically indigent. That is something that hasn't been tapped.
Regarding the hospital merger, perhaps Mr. Fred Bailey, Mr. Busa and Linda
could have a community dialogue for some kind of input.
Dr. Cosgrove, Chairman of the Board of Health, thought all bases
were touched, and some do not affect theaocal.Board of Health. Lexington
has a unique situation in the health problem, we touch all the bases
but strictly with the health needs of the community, starting with the
premature baby to death certificates. We have run immunization clinics
for years; school nurses have done a good job; we have started a blood
pressure clinic, sponsored by the Rotary Club, and a glaucoma clinic
sponsored by the Lions Club. We have wonderful cooperation with Symmes
Hospital on cancer and diabetic clinics; we have clinics at Greeley
Village, Vynebrooke Village, and East Lexington. Our Director works
with the Housing Director on lead paint problems.
Mr. Jacob Gardner, Forum on Aging, said he had a problem in communica-
tion with the Health Council when he had asked for assistance on a Forum
on Aging Resolution. The matter was resolved, and the Board accepted
Mr. Sawyer's recommendation that one person be designated by the Board
and one from the Health Council as communication contacts. Mrs. Banks
is to represent Lexington and Ms. Liebovitz as the Council's representative.
Chairman Miley thanked Ms. Bluestone and Ms. Liebovitz and they
retired from the meeting.
Mr. DiMatteo, Building Commissioner, met with the Board regarding a Bldg.
letter from Mr. Ralph Hall, Building, concerning the issuance of a build Commr.
ing permit. Mr. Busa said he would like the Board and the Building Com-
missioner to sit down and go over the procedure openly so that regardless
of what it says in the rules and regulations, everyone would know what is
happening and what has changed in the construction field of the issuance
of permits in the town of Lexington. There have -been changes since the
Commissioner has come to the town and people should understand how long
it should take, how long he can hold before a permit can be issued. Mr.
Busa wanted to know why the issuance of a permit had been delayed in such
a manner that has changed the policy of the town and the Building Com-
missioner's office. 'Previously, same-'perm&ts'ihad been issued within
48 hours; now, they are taking much longer.
Mr. DiMatteo said he had instituted the system that applications be
numbered. The law is pretty specific but, across the state, procedures
in various offices differ. He had tried to follow the law, not to the
point of being an obstri�ctionist or delaying, but to assure himself and
the eventual homeowned,Swhom he is trying to protect, that what is being
constructed is sound and is a quality structure . To that extent, it
takes some time to review a set of plans.
Selectmen's Meeting
- 10 - July 9, 1979
Mr. Crain agreed with Mr. Busa's proposal. When something comes to
this board, that is the time for us to learn about that subject. He
asked that the Building Commissioner look over the operation and come
back proposing parameters,to enable the board to understand what the
process will be; then, we can publicly make it known to people who
will appreciate what they will expect.
It was agreed to schedule a meeting with Mr. DiMatteo. In the
meantime, Mr. Hutchinson said he will write to Mr. Hall.
Executive Upon motion duly made and seconded, it was voted 4-0 by roll
Session call vote 4: Mrsi.,Miley, Mr. Busa, Mrs. Battin and Mr. Crain - to
go into Executive Session, with the intention of resuming the open
meeting, for the purpose of discussing matters of litigation and
collective bargaining.
After•.diaeussion, it was voted to go out of Executive Session
and resume the open meeting.
Part-time Mr. Hutchinson said we have completed our review of our part-time
Pay Plan employees recommended for an increase. In general, our part-time
salaries have to be upgraded substantially to make them more competitive
or, in some case, meet prevailing wage rate guidelines. He requested
approval of the Board.
Upon motion -duly made and seconded, it was voted to accept the
proposed pay plan for part-time employees, as presented by the Manager.
Gasoline Mr. Hutchinson reported that a productive, positive meeting had
Stations been held with the owners of gas stations. The Chamber of Commerce
representatives had arrived late but arrangements are being worked
out on hours of operation. Four came forward to open on Sunday and
two will be open from 9x00 a.m. to 3:00 p.m. A representative of the
Department of Energy was also present.
Mrs. Battin said that the Municipal Associations have set up a
task force on state and local coordination on the impact of the energy
crisis, and the names of Selectmen/Managers that are involved are in-
cluded in the energy packet in case you want to talk with them. Also,
a copy of the Governor's Executive Order. She informed Mr. Hutchinson
that any input he had regarding our municipal problems should go to them.
Millbrook Mr. Hutchinson informed the Board that Mr. Peter Chalpin has been
Valley appointed to the Millbrook Valley sewer project with the technical
Sewer representativeeswe have contacted; Mr. Charles Code and Mr. George
McCormick are to serve on the citizens' public advisory group.
Mr. Hutchinson asked for the Board's comments on the proposed in-
crease of $92,000 in the MBTA assessment. Mr. Crain said that the Board
should register strong opposition to that deficiency budget. Chairman
Miley said she had talked with Mr. Lincoln on three different occasions
since the Board's last discussion, and had told him the Board feels very
strongly that we want a "no" vote on the increase in the MBTA budget,
which would mean $92,000 additional for the town - a 16 percent increase -
and we are opposed to this and hope that many other communities will fol
low suit. There will be a vote on Thursday morning and she and Mr. Cole
willbe there. Mr. Crain said consideration should be given to making
the point that it is a lame excuse to lay all the blame on the former
MBTA Director; the Advisory Board is the same.
MBTA
Add'1.
Assess-
ment
Selectmen's Meeting
- 11 - July 9, 1979
.57B
The Board discussed the annual membership fee of $2,751.00 for the Dues -
Massachusetts Municipal Association, and the Home Rule Legal Defense Mass.
Fund payment of 10 percent per year, optional. Municipal
It was agreed that Mrs. Battin is to submit additional information Assoc.
to the Board on the Legal Defense Fund.
Mr. Hutchinson requested that authorization be given to him and Concord
Town Counsel to come back with a proposed agreement with Mr. F. William Ave.Sewer-
Smith regarding the construction of a sewer ejection station required Potter
for the Concord Avenue sewer line in advance of constructing the. sewer Condomin-
line to service the Potter Pond Condominiums. iums
Upon motion duly made and seconded, it was voted to authorize the
Manager and Town Counsel to proceed and come back to the Board with
an agreement between the Town and the developer of Potter Pond Condo-
miniums regarding sewer service.
Mr. Hutchinson informed the Board that he did not believe Mrs.
Erin O'Brien would be interested in purchasing the land abutting
her property at 34 Homestead Street if no building is to be allowed,
as recommended by the Planning Board. He will pursue the matter
with Mrs. O'Brien.
Tax Title
O'Brien
Mrs. Battin said that three resumes have been received, and one Additions
more is expected, on possible nominees for appointment to the Energy To Energy
Committee. Mr. Hutchinson agreed to review the resumes and interview Committee
the candidates.
Mrs. Battin said that the Board has received the proposed legis- Mass.
lative packet for Municipal Associations for the year. These are Municipal
items we have been interested in for a year; they are really broad Assoc.
policy issues and the Legislative Committee (for which Bob Kent sits)- Legislation
has approved it. She asked Board members to let her know if they have
anything they want changed.
Chairman Miley informed the Board that the Governor's Property Gov.'s
Tax Rebate Proposal will come before the Taxation Committee on July 11 Property
regarding the new $166 million which will be sent back - a 6 percent Tax
reduction in every person's tax bill; they will receive a check as Rebate
well as their tax bill. Mrs. Battin said that Municipal Associations Proposal
are apposing anything that reduces increased state aid. Chairman Miley
is to attend the meeting.
Upon motion duly made and seconded, it was voted to adjourn at 10:56 P.M.
A true record, Attest:
Executive Clerk, Selectmen
-5-77
Taxicabs -
Fare &
Fleet
Increase
Taxicab
Regs.
SELECTMEN'S MEETING
JULY 23, 1979
,A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, July 23, 1979, at 7:30 p.m.
Chairman Miley, Mr. Busa, Mrs. Battin, Mr. Crain; Mr. Hutchinson, Town Man-
ager; Mr. Cohen, Town Counsel; Mrs. McCurdy, Executive Clerk, were present.
Mr. Kent was absent.
Mr. Edward Tippett, owner of Arlex Taxi Corp., met with the Board to
request an increase in the fare structure, to add three taxis to their
fleet of nine, and to discuss taxicab parking.
Mr. Tippett said the request for the fare adjustment is for economic
reasons in order to survive; everyone know the escalated cost of gasoline.
The increase would amount to 20 cents a mile. We would like approval of
three additional taxis as our business has increased 30 percent in the
summertime. Service is slow because we do not have enough cabs available.
The surrounding towns have rates that are so high that the people of
Lexington would rather ride with us; with an increase in fares, we would
still not be on a level with them. One or two cabs would be added daily
in September and the other would be held back in case of accidents or
breakdown. If you are worried about parking the nine taxis, none would
be parked more than 15 minutes a day. We have seven spots allocated by
the town, six in Depot Square and one in East Lexington. The town has
has three motels that desire our services to park also. We also have a
contract with Home Care and would need more taxis to service these people.
Mr. Busa asked if the cabs, when not used, would back up on the public
metered parking area, or do they double park? Mr. Tippett replied that
they are not supposed to and if he had any complaints from the Police
Department, they would be removed immediately. He added that he had
been here three years and never had a problem with the Police.
Upon motion duly made and seconded, it was voted to amend the Town
of Lexington Rules and Regulations Governing Hackney Carriages, Taxicabs,
and Other Public Vehicles for the Carrying of Passengers for Hire,
effective immediately, as follows:
VI. RATES OR FARES: METERS
a. For public vehicles for hire, the rates within the
limits of the Town of Lexington shall be:
804 for the first one-sixth of a mile.
204 for each one-sixth mile thereafter.
$10.00 per hour waiting time.
Upon motion duly made and seconded, it was voted to approve the request
of Mr. Edward Tippett, owner of Arlex Taxi. Corp., to increase the fleet from
nine to twelve taxicabs.
1
1
1
578
Selectmen's Meeting - 2 - July 23, 1979
Mr. Crain discussed the request from Public Works to abate water bills Water
totaling $4,803.50. He asked if the rather high,number of misreadings could Abate -
be attributed to, and focused on, individuals in the water department? Mr ments
Hutchinson said there were many errors, which will not happen again. The
method of meter -reading has been changed and all of the men are being used
instead of two men.
Upon motion duly made and seconded, it was voted to abate water bills
in the amount of $4,803.50, due to wrong readings recorded by meter readers,
billing errors, and wrongreadings submitted by owners.
Chairman Miley read a request from the Sheraton -Lexington Motor Inn Liquor -
requesting approval of anew Manager, Mr. Jeff Brown, under the Innholder Sheraton
liquor license. Manager
Upon motion duly made and seconded, it was voted to approve Mr.
Jeff Brown as the new Manager of the Sheraton -Lexington Motor Inn
under the Innholder liquor license. The approval of the Alcoholic
Beverages Control Commission is to be requested by the Board.
Chairman Miley read a request from the Town Clerk for approval of a Bond
bond.
Upon motion duly made and seconded, it was voted to approve the bond
for.Mrs. Barbara.A. Smith, Assistant Town Clerk, in the amount of $2,000.
Upon motion duly made and seconded, it was voted to approve the Minutes
minutes of Selectmen's meetings of June 4 -Executive Session, June 18 -
Open and Executive Session, June 22 -Open (no Executive), July 9 -Open
meeting. The Board agreed to defer the vote on the July 9 Executive
minutes until Mr. Kent's return.
Mr. Busa discussed the dog hearings he had conducted on July 18 Dog
concerning written complaints by two residents against two dogs in town; Hearings
(1) Mrs. Florence Sullivan, 6 Ross Road, that a German Doberman Pinscher
owned by Mr. William Corbett, 8 Ross Road, is a nuisance by reason of
excessive barking; (2) Mr. Jonathan Brand, 271 Marrett Road, that a
German She pherd owned by J. R. Jenkins, 45 Grapevine Avenue, is a
nuisance by reason of excessive barking.
Mr. Busa said the problem is more of a neighborhood nuisance than
it is to society itself. When.a dog is on a leash for long periods
of time, he is tormented by persons in the street. Mr. Busa recommended
that an area be fenced off at the rear of the houses; the dogs be muzzled
for a short period of time, or the dogs wear an anti -barking collar.
Upon motion duly made and seconded, it was voted to be the determina-
tion of the Board of Selectmen that the dogs owned by J. R. Jenkins, 45
Grapevine Avenue, and William Corbett, 8 Ross Road, are each declared a
nuisance by reason of excessive barking and it is ordered that, within
14 days of the date of said order, the dogs are to be kept under the
following restraints: (1) Erect a pen for the dog to roam in and:dog:Co be
brought into the house at 9:00 p.m. or (2) Equip the dog with an electronic
Bark -Training Collar,dog to be brought into the house at 9:00 p.m. or
(3) Equip. the dog with a muzzle and dog tolhe brought into the house at
9:00 p.m.
X79
Mini -bus
Selectmen's Meeting - 3 -
July 23, 1979
Mr. Fred Rosenberg, Chairman, members of the Transportation Advisory
Committee, and Mrs. Sara Arnold, Mini -bus Coordinator, met -with the Board.
Mr. Rosenberg said there are problems with the EastLexingtonto Arlington
Heights routes, and the MBTA union claims that mini -buses are usurping
routes that the MBTA would normally be riding. The union has asked that
the route not go to Arlington Heights and that it be taken off Mass. Ave.
as much as possible. In making up the routes, we tried to avoid duplica-
tion as much as possible as we would rather service as many other streets
as possible. There is really no alternative to going down Mass. Ave. as
there are no decent parallel roads. The Transportation Coordinator re-
worked the routes and tried to put something down Marrett Road, getting
off Mass. Ave. and avoiding the Arlington Heights connection. We would
like the Board's input on how the town should respond to the problem.
The MBTA Board of Directors will meet in two weeks to approve the con-
tracts for the town. The MBTA Community Affairs Department is getting
people to .interface between the MBTA and us in putting up $60,000 in-
stiad of $50,000; they have already approved $60,000. for Natick. The
grievance will be discussed at this meeting by MBTA management and the
union and if they cannot arrive at a solution, it will go to arbitration,
and that might take weeks or months.
Mr. Hutchinson said the MBTA staff has been responsive to us in
saying this is an issue with the union. It is important, in whatever.
decision you may make, that perhaps we should ask for more from the MBTA;
maybe the answer is submitting our desired routes, and even alternative
routes, subject to that grievance. It seems inappropriate to have the
service cut before we even start, based upon a potential union grievance
that hasn't even been arbitrated yet.
Mr. Rosenberg said there was one possible way of doing it, in that
we could say in advance that we want these routes, you give us the license
to operate over those routes, but we recognize your power to take us off
those routes.
Mr. Crain said that, obviously, the MBTA knows its authority and if
we feel at this time we would like to retain those routes, we would in-
dicate that i5 our desire and it would be up to them whether or not they
contemplate it. He would not want to suggest to the MBTA that they have
the authority not to grant them.
Mr. Rosenberg said we certainly should not let this hold up sign-
ing the contract. Chairman Miley and Mrs. Battin agreed.
Mr. Busa questioned the rationale in cutting back the East Lexington
route in the Bow Street area, originally planned from Mass. Ave. to Lowell
Street, to service only Cliffe Ave. to Pottier Ave. and back onto Mass. Ave.;
this is the most heavily populated area in the town. Mr. Rosenberg said they
are still worrying about the routes and there is a problem with the bus getting
up the Bow Street hill and back down again. Mr. Busa commented that he lives
in the area and trucks and snowplows are operated there and they had never
had a grade difficulty; it is a lot less in degree than the Taft Ave. /Oak
Street area. Mrs. Arnold said she had made recommendations and had cut some
of the areas as we wanted to make sure these routes can run in a half hour.
It is very important to have an efficient route that runs on schedule; then,
if we can add streets, we will do so. The question is, if one route is con-
sistently late, do the other drivers wait for them to meet up at the Center?
There have been other neighborhoods that have been slightly cut from the
original proposal.
1
1
1
Selectmen's Meeting - 4 - July 23, 1979
Mr. Rosenberg said we might be able to pick up a few minutes and go
up and around the hill at Bow Street. There are a couple of other places
that the map is slightly changed from the original one. On Reed Street,
there were changes in the Middle Street area and also at Freemont Street
to try to t:gv in at least down Reed Street a little bit. In North Lex
ington, if time will allow, we would like to go down Eldred Street, Bed-
ford Street, up Winter Street and then Turning Mill Road, but we feel
that for now we shouldn't, try that because of timing. There is one of
two possible solutions, (1) to serve Turning Mill and Grove Street; (2) to
serve Eldred Street and Winter Street. You can't serve both.
Mr. Busa said if 100 percent of the people are going to foot the bill,
they should have some kind'of service whether it is late, early, or whatnot.
Mr. Rosenberg said that we are going to have some people walk a few blocks
more than they would have in order to be able to serve the outskirts as
much as possible. We have deleted places where we would have gone in a
few blocks and come out again. Mr. Busa asked if the routes, as laid out,
are not made in a half-hour's time, they will be further condensed?
Mr. Rosenbert said the committee feels that what we have is a very con-
servative thing that we're sure we can satisfy at lunch time when the
traffic is at its maximum. Mr. Busa was troubled with Volunteer Way.
From Winter Street to the nearest terminal is quite a walk. Mr. Rosenberg
said originally the service went all the way up. The alternative is, you
can take away the service from Turning Mill and could put it on, Eldred/Winter
Street which comes out by Volunteer Way. In response to Mrs. Battin's
question, Mr. Rosenberg said that Wood Street was deleted because the MBTA
goes there, and part of the service is from Bedford Street and Hanscom Field.
He agreed with Mrs. Miley that they didn't accept the recommendation on
Eldred, Bedford Street and down Grove Street instead of Turn Mill Road
because Bedford Street was serviced by the MBTA.
Chairman Miley said that what Mr. Busa mentioned about the hills is
correct, in that we all travel these roads all the time and we don't know
of any cases where hills can't be passed in the wintertime. DPW does a
great job and get us through; therefore, she didn't feel that was a con-
sideration. Actually, there would be good reason to have a bus on a route
like that because it is a difficult hill for people to walk, especially
older people. For cars, trucks, buses, she saw no problem with them.
The heavy traffic situation on Bedford Street/Hartwell Avenue was dis-
cussed and Chairman Miley said it is probably due to people coming in from
New Hampshire at Route 3, over 128 and up Bedford Street to Hartwell Avenue
at peak hours and they go back the same way. There are not too many cars
that come in Eldred Street and down Robinson Road.
Mr. Busa said that the purpose for us to get into the transportation
business is (1) to service the people of Lexington; (2) to minimize the
use of vehicles and energy. If the traffic flow is heavy in given areas
and there is the possibility of picking up riders in those areas during
peak hours, then that's enough criteria for even trying. What he heard was,
too much traffic here, the hills are too steep, we don't want to service
that section as it would go over the 30 minutes, and we just want. to run
a neat loop into Lexington Center - and then run a deficit on top of that,
he becomes very disturbed with that.
38D
X81
Mini -bus
Parking -
Depot Sq.
Selectmen's Meeting - 5 - July 23, 1979
Mr. Crain said the intent of tonight's process is specifically for
discussion, and the input from Mr. Busa and Mrs. Miley is invaluable
to the Committee. They have been working very hard on this and now
they have the opportunity to ventilate; he was sure the committee would
consider the paints that are being made and would see what arrangements
can be made.
Mr. Rosenbert said we realize we can't really serve 100 percent of the ,:o
poluilation. We've seen the areas of the town where people need it most.
An attempt was made to go halfway down Reed Street, which we recognize is
a difficult problem. In North Lexington, people would have the choice of
either walking up to Grove Street or Bedford Street. We realize there is
a problem and there would still be people in that area who would have to
walk a long way; we could change that loop to go the other way, leaving
Turning Mill Road out as this has a lower population.
The Transportation Advisory Committee agreed to meet and come back
to the Board on August 6.
Mr. Rosenberg said the committee recommends the four mini -buses using
six parking spaces on the right side of Depot Square in front of the
Yangtzee Restaurant and the Village Decorator. The businesses should
like this as four buses will be dropping people off. Mr. Busa asked if
the committee had considered creating the terminal behind the Depositors
Trust in the municipal lot off Meriam Street, where there would not be
a congestion of people on the sidewalk waiting for buses. Mr. Rosenberg
said there is a problem of visibility; the young kids would be near the
street where they couldn't cross safely if they wanted to go to the
library, etc. The buses would be taking up just as many spaces in the
Meriam Street lot. The other alternative would be at BuckmanTavern,
but that would be a very dangerous location. Mrs. Miley was concerned
about children getting off the buses in back of Depot Square where the
cars are coming in and turning around. At Depot Square, they would be
getting off at the sidewalk.
Mr. Ernest Giroux,said that his prime tenant, Yangtzee Restaurant,
was very upset as this would become a bus terminal. People would be
coming in and asking to use the telephone, restrooms, and to change
money. As the owner of the building, Mr. Giroux was not happy about
the situation as the sidewalk would have to be policed daily because
of the litter problem. He was not against the buses but his tenants
feel it would not help their businesses. He did not feel the taxicabs
belong there either. He asked that consideration be given that the
business not be located in that particular area, and mentioned that
the Meriam Street lot is used by the banks and the Adams Building
and by the time his tenants get there, there are no available spots.
Mr. Crain said it would be helpful to him if someone could provide the
whole history of cab parking, how long it has been established, and the
basis for parking. Mr. Rosenberg pointed out that there is the problem
of a timetable and we would like to start service on September 8; if.
the Depot Square spaces are approved, we would need approval of the
state, also.
The Board agreed to postpone a decision until the Transportation
Committee meets on Thursday evening and comes back to the Board on
August 6 with possible alternatives for parking the four mini -buses.
Mr. Busa is to work with the business groups on alternative areas
and the Chamber of Commerce will also be involved.
1
1
1
Selectmen's Meeting - 6 - July 23, 1979
Mr. Rosenberg said that bids on the mini -buses came in higher than
anticipated at an annual cost of $15,625.28 per vehicle; $15.44 per
vehicle hour; total annual costs of $228, 695.52. Lexington has
appropriated $90,000 and the "T" $50,000, with the possibility of
$60,000, and with chaircar fares and advertising revenues, this would
leave us with a net cost to be raised of a little over $87,000. The
committee feels with the projected amount of people riding.:tha-bus at
25 cents a ride would not provide that amount of revenue, and after
looking into the Westport, Connecticut pass system, we estimate that
if we offered passes at $30.00 per year, we could sell over 3,000
passes. The committee has recommended that we have an introductory
pass of $25.00 per year, maximum per family $100.00. This:breaks down
oto 25 cents if using the bus once a week, and people who are going to
use it even once a week would probably buy the pass. Revenues from
3300 passes would be $87,195.52 and we will still be getting revenue
from the fare boxes. Mr. Crain hoped the introductory $25.00 pass
would be for a short period of time and then raised to $30.00.
The Board agreed to defer a decision on the mini -bus rate structure
until further discussion on August 6. Also, a systemwill be established
on a method of depositing monies collected from the sale of passes
The Board approved Mr. Rosenberg's recommendation of a minor change
in the regular MBTA Hanscom bus route, which would be to continue on
Marrett Road, turn right onto Old Mass. Ave. and left to Wood Street.
This would avoid a turn at the intersection of Mass. Ave. and Route 2A in
front of .the Minuteman High School. There would not be an additional
MBTA charge as the distance seems to be the same.
Mr. Rosenberg and the Transportation Committee retired from the meeting.
Xaz
Mini -bus
Rate
Structure
MBTA
Hanscom Bus
Mrs. Alice Hinkle and.Mr. Steven Groves of the Recreation Bicycle Sub-
committee met with the Board regarding a proposed bicycle lane, and,.the.:
town's plan for resurfacing Hartwell Avenue.
Mrs. Hinkle said the Recreation Committee has some preliminary plans
that might have some bearing on -the town resurfacing Hartwell Avenue,
and there may be something for the 1980 warrant on our bike proposal.
We have had many people express a great interest in it, and it was in
the master plan. Mr. Groves said Hartwell Avenue is a complicated sub-
ject; it was built as a 2 -lane road which is being used as a 4 -lane road
in a substandard fashion, with temporary signs encouraging this but it is
not lined. This has been hard on carsand expecially bicycles. Now, more
people are eager to use bicycles to get to work, expecially these who live
within 5 miles; a conservative calculation is that 400 people are making
this trip - there are probably 600-700 people, including Bedford and the
northwest part of Lexington like Hanscom, Lincoln Lab, and industries
along Hartwell Avenue. Those going from this part of Lexington to Lincoln
Lab use Wood Street and you get 10-20 percent of the people using their
bikes about 60 percent of the year. A similar group coming from the other
direction is frustrated by the bad condition on Hartwell because of the sub-
standard use of theroad during peak hours. A bike route down Hartwell
would satisfy,bicycle riders,. help out with pedestrian traffic, and
safety and convenience, assuming the road is widened 5 ft. on either
side or twice that on one side with the center line of the road shifted.
Hartwell
Ave. -
Bike Lane/
Resurfacing
4"83
Affirmative
Action -
Fair
Housing
Selectmen's Meeting - 7 - July 23, 1979
Mrs. Battin said he Transportation Advisory Committee had decided
they couldn't have the route on Hartwell Avenue, and had talked about
157 Lexingtonians working in the area; this could be an answer to
getting many of those people there. She applauded the industries on
Hartwell Avenue for working on it when we brought the whole problem
of transportation and energy to their attention. Are they willing
to foot part of the cost? Mr. Groves said this has not been put to
them as there is a renter/owner situation, but he would try to get
their feeling when he attends a meeting with_thems:.on Thursday. His
feeling was to get a lot of help from the state, 75 -percent, and
perhaps the industries would help out on the 25 percent.
Discussion was held on the possibility of delaying the resurfacing
of Hartwell Avenue, which was included in a bid package, and Mr. Empey,
Acting Director of Public Works/Engineering, informed the Board that the
bids are coming in the first of August and the only area to be resurfaced
do Hartwell Avenue is from the railroad tracks to Bedford Street.
Mr. Hutchinson recommended the resurfacing not be delayed as the
town has the liability of the. aintenance of toads, and Hartwell Avenue
is one of the primary streets in that area. However, it would not be
incompatible to work on the bike paths while repaving. The Board agreed
and recommended that the committee go forward as quickly as possible
with their plans. Mrs. Hinkle said the committee will not meet formally
until September but will be meeting with Hartwell Avenue groups to gather
information. Mrs. Battin added that Recreation should let the Board know
as soon as they think of streets so they may be chalked aside; also, to
let Engineering know, and all will be able to work together.
Mrs. Hinkle and Mr. Groves retired from the meeting.
Mr. Albert.Zab.in, Planning Board, met with the Board. Mr. Hutchinson
said we are dealing with the Affirmative Action Plan and the Fair Housing
Element. Representatives of the Housing Authority could not be here to-
night and, at the appropriate time, we will be able to meet with them.
We had requested an extension until June 30 for completion of our Fair
Housing element, and most of the work is completed but we need guidance.
He had pointed out to MCAD staff people today that had we known some of
what we considered the complexities, we would have asked for a longer
amount of time. We are prepared to make a submission in draft form on
the housing situation, referencing the commitment of Town Meeting on
condominiums at Potters Pond, Morrow Crossing, and things of that
nature but the issue of quantitative goals on housing is something we
are not prepared to address as administrators, and that type of decision
should come from this Board and other interests. Thesuggestion is made
for the following: (1) The establishment of a Fair Housing Committee to
monitor goals regarding equal access to housing; (2) Establishment of an
individual to be a contact point regarding this aspect between the
Committee and MCAD; (3) Establishing goals of affirmative action for
future low and moderate income housing residents, e.g., scattered sites,
elderly housing, Section 8; (4) Reviewing the methodology to determine
if there are structural barriers to access to equal housing.
1
1
385
Selectmen's Meeting - 8 - July 23, 1979
Mr. Hutchinson recommended that the Board appoint a Task Force for a
short term to address these questions and bring back to the Board a com-
pleted plan for submission to MCAD. It would seem appropriate to designate
member of the Board of Selectmen, Housing Authority, Planning Board, and
perhaps some of the people involved before, to get those major agencies
identified that have been dealing with the issue-. Mr. Crain questioned
the review of methodology being. completed by August 30 as that would be
very tight. Mr. Hutchinson said this is something that would be addressed
as part of the work program within the plan; that various areas would be
investigated for looking at that. He did not see how that could be ad-
dressed now and he didn't think MCAD_expects that; we would say we
recognize it and it would be done. Mr. Busa said before we get into the
suggestion of forming a Fair Housing Committee, we should see if the date
of August 30 could be extended. The Governor is going to come out with
his own affirmative action program sometime within the next 10 days., to
two weeks. He had talked with the Governor's office and this is what
was indicated to him. If we come out with an affirmative action program
that is contrary to what the executive order is, we will be running into
a financial problem.. Also, the MCAD is now working under the affirmative
action policies from the Governor and nothing has been changed to this
point, but under the new executive order, MCAD would change their guide-
lines. He pointed out that the original date had been extended from
June 30 to August 30 and, in dealing with the Commonwealth, dates have
been extended and extended.
Mr. Busa agreed to the suggestion that he contact the proper author-
ity at the proper level for clarification of the August 30 date and the
possibility of it being extended. Mrs. Miley added that this has nothing
to do with the Executive Order, only our deadline.
It was agreed that Mr. Busa and the Town Manager will work together
and come back to the Board.
Mrs. Battin said at some point we are going to have such a task force
no matter when the deadline is, and probably one or two Selectmen should
be named. She asked Board members to think about it as they should be
prepared. Mr. Hutchinson said Mr. Zabin has indicated a continued in-
terest in the housing area.
Mr. Zabin said we should know where the responsibility is going to lie
in carrying through the quantitative goals set by Town Meeting. HUD is
anxious to have a meeting with the Housing Authority people or somebody
from the Manager's, Office and the Planning Board for clarification, i.e.
what the acquisition of these units in the condominiums involves on fund-
ing; additional funding is available for other units but we just can't
wait around. If we don't do something fairly rapidly, we are going to
lose that. It might be worthwhile when you consider a task force to think
of the function somewhat more broadly than merely one aspect of fair housing.
Mr. Busa said the Housing Authority is working on both the Morrow and
Potter's Pond condominiums, scattered sites, and the Woburn Street housing
for the elderly. That is their quthority and they know what the quantitative
goals are that were set down. Mr. Zabin said the general agency that involves
money wants the kind of involvement and we ought to give serious thought to
do that.
Saf
Selectmen's Meeting
- 9 - July 23, 1979
Mr. Buse said the Housing Authority is a separate entity from town
government; they have jurisdiction over housing and how to spend the
HUD money and under the guidelines that HUD sets out. It has absolutely
nothing to do with the Planning Board other than the Planning Board setting up
the goals for them in the areas of housing for them to implement.
Mr. Zabin said that is a matter of administration but the Selectmen and
the Planning Board are responsible for quantitative goals. When it comes to
the administration of governmental subsidies, the Housing Authority has the
only authority to deal with it. That is a different question.
Mr. Zabin retired from the meeting.
Youth The Board discussed and agreed to refer the Lexington Youth Com -
Com. - mission's request for consideration of a youth center in the town
Youth to the Recreation Committee and the School Sites Conversion Committee
Center for their input. Chairman Miley said this subject has been discussed
by these two committees in the past but bears consideration again.
Conserve. Chairman Miley read a request from the Conservation Commission and
Land - Town Counsel regarding land taking.
Buckley Upon motion duly made and seconded, it was voted to approve the re-
quest of the Conservation Committee to acquire; by eminent domain, `.a 7+
aere*parcel of"..land from the Buckley estate at an agreed price of $82,500.
Also, to approve the request of Town Counsel to sign the order of taking
for the Buckley land, as authorized under Article 43 of the 1978 Town Meeting.
200th Chairman Miley read a memorandum from the Senate and House Chairmen
Anniv. stating that the Mass. Legislature has established a Special Commission
Mass. to help prepare and coordinate plans for the 200th Anniversary of the
Constitu- Massachusetts Constitution to be held in 1980, and suggesting a committee
tion be formed in Lexington to formulate plans for a community celebration.
The Board agreed not to establish a new committee but to request
the Town Celebrations Committee to. wmrk in!;concert with the Historical
Society and come back to the Board with recommendations as to what our
level of participation should be in commemorating this event.
Appt. Chairman Miley nominated Mr. William P. Kennedy as a member of the
SSCC School Sites Conversion Committee; one recent appointee was unable to
accept.
Upon motion duly made and seconded, it was voted to appoint Mr.
William P. Kennedy, 135 Wood Street, a member of the School Sites
Conversion Committee, effective immediately, for a term of office
expiring May 31, 1980.
Bldgs.- Mr. Peter DiMatteo, Building Commissioner, met with the Board.
MAPC Mr. Hutchinson said he had outlined what we expect for the qualifications
Grant of the person to work as the part-time management analyist under the
MAPC grant. He requested the endorsement of the Board for that applica-
tion and he hoped to get someone who has been involved in the business
world who has an organizational orientation in the system. There was
a suggestion made internally for one working in planning and building
but he didn't consider that relevant. We would see where we are and
if there are duplications we can combine permits. He and Mr. Dimatteo
Selectmen's Meeting
- 10 - July 23, 1979
getting someone who would be interested in doing this as a service to the
town, possibly a retired executive. He added that there are many towns
involited:inthe grant application and we may not even get it.
Upon motion duly made and seconded, it was voted to endorse the MAPC
grant application.
Mr. Hutchinson recommended approval of the request for a sewer con-
nection to the Bacon Street sewer, subject to DPW conditions.
Upon motion duly made and seconded, it was voted to approve the
request of Attorney John Devine for a connection into the Bacon Street
sewer to service the property of Mr. Manuel Baptiste at 140 Marrett,
subj ect.to all conditions of DPW/Engineering, including the submission
of an easement plan.
Upon motion duly made and seconded, it was voted to grant permission
to_the National Organization for Women to conduct a walk-a-thon on
August 26, 1979 beginning at 10:00 a.m. Also, to approve the request
of the American Cancer Society to change the date of the Bike-a-Thon
from October 7 to October 14, 1979.
Sewer Con-
nection
Bacon St.
Baptiste
Mr. Hutchinson recommended that the Board sign the forms accepting
State Aid for Highways.
Upon motion duly made and seconded, it was voted to sign the forms
for accepting State Aid for Highways, in an amount to be determined by
the Massachusetts Department of Public Works State Aid Office, District #4,
in_..accordance with Chapter 497 of the Acts of 1971.
Mr. Hutchinson asked for authorization to negotiate a lease with
Minuteman Home Care on a temporary basis for space utilization within
Munroe School. They will have to ask for a variance to rent there and
they are also pursuing the Grey Nuns' property.
Upon motion duly made and seconded, it was voted to authorize the
Town Manager to negotiate with the Minuteman Home Care on a lease in
the Munroe School.
Mk. Hutchinson discussed the Vocell Bus commuter service and Mr.
Crain commented on problems with maintenance and the exceptional number
of standees; it was his understanding that an extra bus was to be put
into service.
The Board agreed to. invite Mrc Goodman of the Vocell Bus Company
to the meeting on August 6.
Mr. Hutchinson informed the Board that the City of Woburn Superin-
tendent of Public Works has written a letter to the Selectmen requesting
water being made available to them.
It was agreed that Mr. Warren Empey, Acting Director of Public
Works, would write a letter to the Woburn Superintendent of DPW re-
questing further details.
Walk-a-Thon
State Aid
Highways
Minuteman
Home Care
Munroe Sch.
Vocell Bus
Commuter
Service
Woburn
Req. for
Water
3.87
Treasurer
Selectmen's Meeting
- 11 - July 23, 1979
Mr. Cohen recommended that. the Board sign the deed for Conveying
two lots to the Housing Authority.
Upon motion duly made and seconded, it was voted to sign the
deed conveying tOm lots to the Lexington Housing Authority.
;fir. Hutchinson requested approval of the sale of a note for
$15,000, as requested by the TownTreasuxer.
Upon motion duly made and seconded, it was voted to authorize
the Town Treasurer to negotiate the sale of a $15,000 note with the
New England Merchants Bank at 4.95 percent.
Executive. Upon motion duly made and seconded, it was voted 4-0 by roll call
vote to go into Executive Session for the purpose of discussing strategy
with respect to collective bargaining and litigation.
After discussion, it was voted to go out of Executive Session
at 11:00 p.m.
*
Upon motion duly made and seconded, it was voted to adjourn at
11:00 p.m.
A true record, Attest:
Executive•Clerk, Selectmen 4-6/ Ill
Mr. Cohen refommended that the Board sign the deed transferring
town -owned land to the Conservation Commission.
Upon motion duly made and seconded, it was voted to sign the deed
transferring three parcels of land to the Conservation Commission,
Assessors' Map 47, Lot 61A; Assessors Map 76, Lot 61; Assessors Map 79,
Lot 35, as approved by the 1979 Annual Town Meeting under Article 45:
11.5 acres off Utica Street; 31,532 sq. ft. of land off Utica Street; 8,300 sq.
ft. of land on Brook Street.
SELECTMEN'S MEETING
AUGUST 6, 1979
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, August 6, 1979, at
7:30 p.m. Chairman Miley, Mr. Busa, Mrs. Battin, Mr. Kent and Mr. Crain;
Mrs. Banks, Acting Town Manager; Mrs. McCurdy, Executive, were
present. Mr. Hutchinson and Mr. Cohen were absent.
Chairman Miley asked for confirmation of the vote to appoint the Acting Town
Acting Town Manager. Manager
Upon motion duly made and seconded, it was voted to approve the
Town Manager's appointment of Mrs. Nancy H. Banks as the Acting Town
Manager during his vacation period of August 3 at 4:30 p.m. through
Sunday, August 19, 1979.
Mr. Butler, Chairman, and Mr. Hazel of the Personnel Advisory Personnel
Board met with the Selectmen to. discuss the draft of the purpose of, Adv. Bd. -
and charge to, the Personnel Advisory Board. Charge
Mr. Butler said Mr.. Busa, Mr. Hutchinson and he had met to review
some general. statements; Mr. Hutchinson and Mrs.. Banks put together a
statement.and sent it to the three of them; Mr. Butler had made changes,
additions, and incorporated two items. The Board of Selectmen agreed with
Mr. Butler's suggested item, ",(ThePersonnel Advisory Board shall) submit
annually an agenda of suggested policy proposals and projects, which it is
prepared to initiate, for the Board of Selectmen's approval." Mr. Crain
commented that the expertise that is available to the town on the PAB
would be enhanced if they feel, through their analysis, there are areas
they would like to recommend to the Board; they would initiate action,
and that is probably one of the best ways we can utilize the talent on
PAB. Mrs. Battin said the proposed draft had said, "to provide advice
and assistance to the Board on policy issues inherent in a personnel system,"
and itis really keeping the Board educated or informing us about the
philosophy behind personnel, etc. and it could be one of the things PAB
suggests to us annually in order for us to be more informed. She liked
the fact that PAB initiates because the Selectmen do not know enough
about policy issues that are involved and the PAB could keep the Selectmen
informed. It would help if that were kept in. Mr. Kent said the revision
strengthens and clarifies the charge, and he was very happy with Mr. Butler's
changes. Mr. Butler said the members of the PAB are aware of the history of the
origin of PAB and we are now looking to develop a charter for the future. It
is particularly important that the Selectmen clearly state how they feel about
PAB being available as individuals or as a board to offer opinions, advice and
counsel to -any groups other than the Board of Selectmen. The item Mr. Butler
referred to is as follows: "(The Personnel Advisory Board shall) be available
individually and as a group as requested by the Board of Selectmen, Town Manager
and appropriate Town agencies and Committees to share opinions, advice and counsel."
Selectmen's Meeting - 2 - August 6, 1979
Mr. Kent said it does raise one question which is perhaps worthy.of an adds
tion that it be clearly understood to the extent this occurs with the PAB
giving advice to other agencies, that the Board of Selectmen be kept in-
formed as to the nature and content of that advice. He would request that
the advice given to other boards who have a relationship with the Board
of Selectmen be transmitted to the Board of Selectmen as well. Mr. Crain
said he sees the function of the PAB as.a resource available to everyone
in the town very much like the personnel resource in corporate or large
organization structure, and he suggested PAB operate in a manner that if
individually or as a group they are requested to be involved in something,
to ensure the Manager's office knows what that is. In terms of individually,
he would hope the individual would only act within the context of the glossar
of the full committee. In his opinion, there could be a problem if an in-
dividual begins to work as a separate resource rather than within the context
of the committee. Mr. Butler suggested the words individually and as a board
be struck and insert, "be available as requested." We would be operating
more as a board and if -anybody would be available individually, it would
be because of the board deciding that the person who has expertise cam do
it; it would not be that the individual would have freedom to do that on
his or her own. Mrs. Miley said perhaps it could be done as it is done
now through most of the boards and committees; usually, the Chairman re
ceives word first and then the members. Mr. Busa said he and the Manager
had discussed this and they felt if this portion of it has broadened the
magnitude - if the PAB wishes to have it extended - it would lead to -the
complications that we have had in the past where some committee or person
would call at the last minute and ask the PAB to come to their meeting
that evening; then, there would be a lack of communication with the
Manager and the Town Manager. He felt very strongly that; the policy
be adopted that if any other committee 1appropr1ation, recreation, etc. -
wants the advice and knowledge of the PAB, they should come to the Manager
who would say he would set up an appointment for them at their next meeting.
We would at least know who they are talking to and on what subject, and we
would not get into the situation we`ran:.into last year when the PAB was
requested by the Appropriation Committee to come down and speak with them
and we knew nothing about it until a week later. There was a conflict of
communication with the Appropriation Committee and the PAB. Mr. Crain
said he saw it differently; he saw the PAB, particularly in, light of
individuals in the background, as an unusual resource that's available
in their area of expertise. He would be bothered if they were operative
and no one knew about dt, so rather than put it in the context of getting
approval from anyone, it's rather with the caution that the PAB has been
requested to be involved and the Manager would let us know about it -
and there would be no surprises. Mr. Busa said then we should redefine
the title of the Personnel Advisory Board to the town and not the Personnel
Advisory Board to the Board of Selectmen and the Town Manager. Mr. Kent
said he had no difficulty with Mr. Crain's approach to this. He felt
that being in an advisory capacity to the Board of Selectmen and the
Town Manager to assist the town government is broad enough to encompass
that. He recommended additional language along these lines, "through
the Town Manager, the Board of Selectmen should be kept informed as to
all such activity." He felt that is important. We have pinpointed
Selectmen's Meeting - 3 - August 6, 1979
a minor issue which shouldn't be too difficult to resolve; namely, whether
advance approval from the Board should be necessary, and he would tend to
think not. Mrs. Battin shared Mr. Crain's and Mr. Kent's view that we
ought to be informed but our approval is not necessary. Mr. Busa thought
the Board ought to define the PAB's obligation to the town government
itself and not as an advisory board to the Board of Selectmen and the
Town Manager. Mr. Buse said he would like to have the Town Manager's
input on this issue. Mr. Kent concurred, and said the one area of tre-
mendous concern to him is bargaining and he was sure the people on the
PAB are sensitive that if they were summoned into a -heated situation on
bargaining to get counsel and advice, they would put the brakes on,
particularly individually, and deal through the Manager's office. It is
extremely important that this particular function be orchestrated con-
sistently through that one source. Mr.-Busa said we discussed that very
thoroughly, and the Town Manager would ask advice from them but they
,would not be taken into the negotiations. Mr. Crain agreed.
Mr. Butler said he was not sure the language would solve all the
problems but he suggested a change in the wording, "Be available as re-
quested by the Board of Selectmen and the Town Manager to share opinions,
advice and counsel and, through them, to other town agencies and com-
mittees for similar purposes." The problem he had with "through them" is
that the committee might have problems knowing you have to get permission
in advance. If people understand they come to you and say that they would
like to talk with somebody about, something, then it's through you. He
thought that this language might reach them. Mr. Butler stated that the
PAB has no interest in being other than a resource in ways in which it
can be helpful, and in those areas you mention, we would not. Mrs. Battin
said that does help. She shared Mr. Busa's concern and, in some cases,
how to handle this as opposed to other committees that advise only us,
i.e., the Traffic Safety Committee, in which other people don't go directly.
On most of our advisory committee matters, the only action taken is by the
Board of Selectmen. There are personnel issues that are acted on by other
boards and committees, such as Board of Health, Recreation,. -School Committee,
so the advice that_deals with them we do not take action on and we shouldn't
necessarily know. It is somewhat different from our other committees and
if we could somehow clarify in the wording "advice on matters in which they
have the primary responsibility." There is no reason for the Recreation Com-
mittee to come and ask us to use the PAB to deal with something in their
department but if it is something we had to ask for ourselves, that would
be something different. Mrs. Banks said that, generally, the personnel
functions under the Town Manager Act are centrally lodged in the Board of
Selectmen and the Town Manager, except for the School Committee and the
Planning Board; the Planning Board must approve the appointment of the
Planning Director; also, the Selectmen appoint the Executive Clerk.
Personnel decisions are made by the Town Manager or the Board of Select-
men for the town and no personnel functions are taken by other committees.
Mr. Butler and the Board agreed that the Manager's input is important
and the Personnel Advisory Committee is to come back on August 20.
Chairman Miley thanked Mr. Butler and Mr. Hazel and they retired from
the meeting.
Selectmen's Meeting - 4 - August 6, 1979
Conserve. Mr. Prentiss and Mrs. Frick of the Conservation Commission met with
Farm Land the Board to discuss the letter from Mr. John Proakis, 256 Emerson Road,
concerning the Conservation leasing of the 2 -acre tract of land, located
behind his house, to Mr. Guy Doran for farming purposes. Mr. Prentiss
showed a plan of the land and explained that it is a customary practice
in the state to lease Conservation land for farming, and this keeps local
agriculture busy in the towns. We are proposing to.lease the land and
did not feel it has a major impact on the neighborhood as the land had
been farmed for years. Mr. Buse said he had developed that section
and had put the two acres into Planned Use Development. The neighbors
are upset as they were not aware that the land was to be leased for farm-
ing, and it should be worked out so the land being used should not be
offensive because of the dust, noise, etc. The homeowners understood
when they purchased the property;ithat it would be PUD land. They were
never notified and feel they have some rights. This is an unusual
situation as Conservation asked Town Meeting to turn it over to them.
Mrs. Frick said that once it was turned over by Town Meeting to Con-
servation jurisdiction, we knew we were within our legal rights and we
were renting out the land to farmers and getting tax money back. We made
a tactical error by not notifying the people, but we have been doing this
for two years; however, from now on, we will notify people. Mr. Proakis
was present and said he felt there was a breach of contract on that par-
ticular issue. He pointed out that a majority of the neighbors are
strongly opposed to commercial farming on this piece of property. He asked
if reconsideration could be given by the Conservation Commission, or perhaps
give him the opportunity of leasing it.. Mr. Prentiss said if be could meet
the criteria and had the equipment, he could lease it if he had the knowledge
to farm it. He added that with the practiceof farming today, he doubted if
the Commission would accept that.
The Board agreed the decision lies .within the jurisdiction of the Con-
servation Commission, but stressed the matterof good public relations by
giving notice to the abutters concerning the proposed change in the use of
land by the Conservation Commission. Mr. Proakis said he wasn't sure of
what the outcome would be this evening and he was happy to see it turn into
this discussion. He retired from the meeting.
Recreation Mr. Prentiss, Mr. Welts, Chairman of the Recreation Committee, and Mr.
Center Tot Coscia, Acting Director of Public Works, met with the Board to discuss the
Lot/Tree petition received from citizens concerning the removal of a tree at the
Center tot. -lot. Chairman Miley said there were two separate issues
brought up; the Recreation Committee had their hearing on the tot lot,
which has nothing to do with the Board of Selectmen, but somehow became
intertwined with a tree. There was a hearing last week on the tree in
the area where the tennis backboard was to be put up and the citizens met
with the Recreation Committee and agreement was reached to move the tot
lot to another area in the playground. We heard from some ,but not everyone,
withdrawing the protest. Chairman Miley asked if anyone wished to comment.
1
1
1
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1
Selectmen's Meeting - 5 - August 6, 1979
A woman spoke in favor of saving the tree, clipping the limbs, and black-
topping around it. Mr. Coscia said the tree would be a hazard as it is in
the tennis court area, and there would be a liability of someone backing
into it. Mr. Wells said the location of the backboard has been an integral
part of the plan and we knew the tree was coming down. He shared the con-
cerns but the Recreation Committee felt we couldn't do without the back-
board; the tree would be removed for safety measures. There are many
trees in the area and others would be planted. Regretfully, the Board
agreed the tree should be removed.
Upon motion duly made and seconded, it was voted to accept the recom-
mendation of the Recreation Committee to proceed with the plan to remove
the tree at the Center Playground in the tennis backboard area.
Messrs. Robert and Benjamin Goodman of the Vocell Bus Company, Inc. Vocell Bus
met with the Board to discuss commuter bus service between Lexington Commuter
and Boston. Chairman Miley read a letter from Attorney Arthur White, Service
representing the Vocell Bus Co., stating the company has been providing
bus service on a regular basis for more than one year. There is cur-
rently a contract with the town to provide service through October 13,
1979, and it is requested that permanent rights be granted by the town
to the Vocell Bus Co. for this service. Presently, the company has perma-
nent operating rights from each city and town through which the service is
conducted, except for Lexington. The company has already made a substantial
investment of time, money and equipment in performing this operation. All
reports indicate the service is being well received and performed, and the
need for -the service should escalate as the consumer's cost of operating
a motor vehicle escalates. The granting of a license would enable the
company to go forward on a petition to the MBTA for & Certificate for the
operation. The granting of permanent rights to the company would lead to
increased expenditure of funds and utilization of equipment in providing
the service. Without such permanency, it would be burdensome for the company
to make such moves without the certainty of continuity in operations.
Chairman Miley said we are happy to have the bus service but there are
problems. Mr. Crain questioned the statement in the letter,."all reports
indicate the service is being well received and performed:" Also, the
number of standees is quite measurable. In the contract, it says the fre-
quency of the routes to be set so there are no standees. We expect what
the contract calls for, and the concern expressed to him was that the bus
was so packed, people were left at the stops. You should build in some
control so you know there will be no standees. The back seats are in-
operable, which could be discerned by walking through the bus. You made
a commitment that you expected to meet the standards. Mr. Goodman replied
that they have heard a number of people say the service is good. We ran
at a loss and have had a gradual build-up of passengers, and all of a
sudden there were so many. people. It is unfortunate there were standees
but now this is being corrected and we are running a back-up bus. We
think we have done an excellent job. Mr. Kent asked about the implications of
granting permanent authority with respect to continuing control of the com-
munity over the types of problems and situations which Mr. Crain had been
referencing, and the rates. Also, what award of permanent authority would
do with respect to the town's influence over the rates.
Mgr.'s
Recom.
Selectmen's Meeting - 6 - August 6, 1979
Mrs. Banks said if you have permanent authority, the rates are set by the
DPW and possibly the MBTA as they have certain regulatory authority; there
is also a hearing process. Mr. Kent said that, at the present time, the
town has more control over the rates under the arrangement with the MBTA;
the town is the operator and then makes its arrangements with the bus
company to furnish service on behalf of the community. He asked if the
Manager had a positiion with respect to the request for permanent rights?
Mrs. Banks.replied that we are opposed at this time to granting permanent
rights. When problems were brought to our attention, we were concerned
about the time frame far corrective action, and it was her understanding
the problems had been faced. We had talked about having a fifth bus in
place and some of the time frames have slipped; it has been a concern to
us because when citizens call us it is very frustrating not to know exactly
when the corrective action is going to take place. At this point, we would
feel that the existing contract that the bus company has will expire on
October 13 and we don't feel we are ready to make a recommendation for action
at October 13. We may recommend to the Board that you go with a 90 -day period
and see if the level of service is what you would like, and then make a de-
cision. Mr. Kent said then the Manager does contemplate making a recommenda-
tion to the Board in respect to this prior to October 13. Mrs. Banks said
the recommendation at that time would be not to grant permanent rights for
the coming year, beginning October 13.
Mr. Ben Goodman said this is like a circle; you are asking for certain
things to be done yet at the same time you are withholding the possibility
or the ability to do so. New or used equipment is very expensive and you
have to come up with a pretty good story to get a bank to invest in you;
so you are withholding that means of us increasing the service which we
had intended and hoped with the Lowell run, and the only way we can do it
is to hook up with Lexington and run from Lowell to Lexington to Burlington
to Boston and to do both commuter runs and some local runs. You say to put
on vehicles, put on the service, but we wont give you the chance to in-
crease it so that you can make the money to do so. If the MBTA does close
down, you are going to be at a loss. Mr. Kent said this indicates a rather
substantial gorund which needs to be negotiated twixt the company and the
town, and the Manager's office is the agent for the town for the purposes
of carrying on that negotiation - although the Manager would have to satisfy
us with respect to any conclusion that he ultimately comes to. From the
Board's standpoint at this moment, action on a request of this character would
seem to be premature,tin the light of what apparently is the need for rather
considerable, further negotiations twixt the Manager's office and the company.
Mrs. Banks said one of the issues is that the decision to grant the bus company
permanent rights lies with the MBTA, not Lexington. The MBTA has' -:made it
clear that they do not want to grant permanent rights because once the
company has permanent rights, control over the service lies with the company.
Now, it is felt that there is more control needed by us. Mr. Busa said that
Mr. Crain rides the bus and from what he read to us, the conditions of the
contract are what govern the service and that service was not provided.
Before he would even grant a 90 -day contract, he would put it out to bid
and see what other companies would do in that situation. Mr. Robert Goodman
asked if, originally, it was a bid, and Mrs. Banks said it was a written proposal.
1
1
1
Selectmen's Meeting — 7 — August 6, 1979
Mr. Crain pointed out that Mr. Goodman had made some very specific commit—
ments, which he had signed. How it had been tracked to ensure that those
commitments were met mystified Mr. Crain, and he didn't know how they
could have allowed those conditions to continue. It is not encumbent upon
this Board to make sure they provide the service. Mr. Robert Goodman said
he believed they had provided the service and provided it well. There
might have been broken seats but there were very few; he agreed there
might be a case of standees but it happened in a hurry and it has been
permanently rectified. Chairman Miley asked for comments from the
audience, and Mrs. Ann Reimer said the problem of standees has been
corrected for about two weeks; it has been a problem about six months,
and she was not satisfied with the situation. Mr. Goodman has said he
has solved the problem in the morning but he has not solved it at night.
Mr. David Cravitz said he had started taking the bus in April and was
initially satisfied and will continue to take the bus into Boston.
Personally, there was no problem but in June there were standees every
day. He would like to be able to get an earlier and a later bus. At
one time, there were -76 people on a bus which, seats 52 people.
Mr. Ralph Packard spoke in behalf of the service and said in spite of
the problem of. standees, which will be corrected, he felt the service
is excellent. Mrs. Elaine Dratch said the gas crisis caused a great
impact on every bus company. The bus company is attempting to meet these
needs and we should keep in mind the kind of service that is provided,
and work at it constantly. Mr. Norman Davidson said he was satisfied
to an extent with the service, and there is a lot more the company could
do. He had talked with Mr. Goodman, who had told him that the only way
he is going to be successful is if we are truly satisfied. The problems
are, standees, broken seats, air conditioned buses being taken off, some
times the buses didn't show; buses are unsafe and there are no handles
for standees; people were left standing and had to find other means of
transportation. He urged the Board and the town to encourage Mr. Goodman
to make every effort to provide the service he had agreed to, and if we
get the extra effort from him, maybe we could satisfy him with a reasonable
contract.
Chairman Miley said from what she had heard, people are happy with the
service as far as the fact that we can get into town quickly; there are
some drawbacks and there have been problems, and she hoped the Board will
come to some conclusions as to how long we should renew this in time.
Perhaps the Goodmans could work with the town to correct the problems
since they know where they are, and by working together we can make this
service, which is definitely a plus for the town, to serve as it should.
Mr. Goodman said we are trying to get the increase Ain'service and to get
the right to go from Lowell to Lexington to Boston. He did not know whether
permanent service is required or not, and he would check that out.
Upon motion duly made and seconded, it was voted to table the matter
and to inform Messrs. Goodman when it will be scheduled as an agenda item.
Mini -bus
Rates
Routes
Parking
Rate
Vote
Route
Vote
Selectmen's Meeting - 8 - August 6, 1979
Mr. Fred Rosenberg., Chairman., and members of the Transportation
Advisory Committee met with the Board to submit recommendations on the
rate structure, routes, and parking the mini -buses in Lexington. Mr.
Rosenberg said the committee recommends a rate structure of: Individual
ride -25 cents; elderly and children under 8 years -10 cents; chaircar-
50 cents. In terms of marketing, the committee felt we ought to have
an introductory offer of annual passes at $25.00 for up to one month
or less, and $30.00 thereafter; $100.00 annually for families. Mr.
Crain said the proposal on rates is the product of extensive, careful
consideration and the best advice available from people who have ad-
vised other communities on setting up their system, and it is intended
to front end the cash flow. He highly recommended the committee be
given the flexibility of the $25.00 for up to one month. Mr. Buse
said he fully supportsthe initiation of this mini -bus service; how-
ever, he would comment that at some point in time we have to be realistic
and try to have it as close to cost effective as possible. The Board is
upset with the MBTA constantly running on a deficit budget and it would
be adverse for us to run a deficit on the mini bus service. At some
point we have got to raise more money than the $2,000 that is anticipated.
If we only raise the senior citizens to 20 or 25 cents and 35 cents for
students, this will help to make it more viable.
Upon motion duly made and seconded, it was voted to accept the recom-
mendation of the Transportation Advisory Committee as follows:
Farebox Structure: Individual ride -25 cents; elderly and children
under 6 years -10 cents; Chaircar-50 cents.
Annual Passes -$25.00 for one month, or less,
introductory offer; $30.00 thereafter.
Annual Family Fee -$100.00.
Mr. Rosenberg discussed the routes and said there have been a few changes
made since the last meeting; the coordinator and the interns have gone
over them very carefully and the routes run from 7 to 9 miles. Addition-
ally, we have talked to the MBTA regarding taking the service off the
Arlington Heights bus route, and we have two alternatives that we may
be able to present to them, (1) to delete the service to Arlington
Heights and basically leave everything else the same; (2) the MBTA in-
sists on getting the mini -bus off Massachusetts Avenue and we would have
to run it through Folien Hill. Because of the extra time there, instead
of being able to go up Pleasant Street, Mason Street. and Peacock Farm Road,
we would go straight up Oak Street to that section of East Lexington, al-
though it would not be as beneficial to the people in that area we would be
forced to do it on the time limitation. We had hoped we would get a letter
from the MBTA but we have learned they are not going to write one. The
MBTA Board of Directors may not get to sign a contract with the town next
week and they have been told we want to sign a definite contract as soon
as possible. We would like approval of the routes as the routes go down
as part of the contract.
Upon motion duly made and seconded, it was voted to approve the routes
as submitted and to authorize the Transportation Advisory Committee to pro-
ceed, as necessary, with Option 1 (to cut out the trip into the MBTA at
Arlington Heights but include Pleasant Street, Mason Street, Peacock
Farm Road and Massachusetts Avenue, if possible.)
Selectmen's Meeting - 9 August 6, 1979
Mr. Rosenberg said the committee had discussed the mini bus transfer
station at the Transportation Advisory Committee meeting last Thursday;
Mr. Busa,'Mr. Crain, and some of the interested merchants were there. We
made a list of objectives and criteria, and the primary factor was the
safety of passengers;.we also wanted to minimize any congestion that would
be caused by the buses. We -still feel the original proposal at Yangtsee
Restaurant was the best, and we understand the concern of the owner. The
committee recommends the opposite of Depot Square at Colpitts, the Bank,
and Ski. and Sports Shop. We have not been able to -get in -touch with the
Manager of the Bank or the Manager of Ski and Sports but we did speak with
the Manager of Colpitts, and they are indifferent. This location would
eliminate three metered parking spaces and about two spaces that are in a
"no parking" area. Mr.:Crain.said:unlike::the, other side of.Depot-Square.
where we first:focused becauseGof the high:.necessity of the vehicles,
there is parking across the street and parking behind the Ski and Sport,
which there is not in the other locations; this is a fair compromise to
accommodate not further restricting the other side of Depot Square and yet
attaining the visibility that is critical to the. service. It strikes the
best bargaining when given all the factors. Mr. Kent shared Mr. Crain's
view of the desirability of staying in Depot Square rather than going out
back; we could make it clear at the outset to the potentially affected
people that we would monitor this very closely and if there are problems
unforeseen which arise in connection with this, we will act with speed
to make alternative arrangements.if that turns out to be necessary.
Chairman Miley said we did refer it to the Traffic Safety Committee and
their basic comment was they needed more time to look at all the alterna-
tives; unfortunately, we don't have that much time because this should be
established before the buses. She asked if there had been any considera-
tion of the taxi parking spaces as we are losing some spaces in front of
those three stores. Mr. Crain said he questioned the allocation of that
number of taxi:spaces (7) and wondered if there is a way of analyzing the
situation to provide fewer spaces and let the taxi company queue up its
taxis behind the depot. Mr. Buse said the worst place is in Depot Square.
He mentioned the conditions at the bus stop at the Colonial Garage and
felt there would be the same adverse effects on Colpitts, etc. Mr. Giroux
was recognized and said that sometimes there are only one or two cabs at
the taxi stand, with the rest of the spaces vacant. He was concerned
because his tenants are going to be affected by problems of litter,
loitering, and traffic coming in at great speed. He felt the buses
would be better off in back of Depositors Trust; it involves shoveling
in the winter and it is something for the Board to consider.
Upon motion duly made and seconded, it was voted to approve the recom- Vote-
mendation of the Transportation Advisory Committee, on a temporary basis, Mini -bus
for the use of the three metered and two "No Parking" spaces on the right- Parking
hand side of the Depot Square entrance for a transfer -station for four
mini -buses.
Mrs. Banks said the Manager's office has been doing some research
on the taxi spaces; in 1945, the Selectmen voted the use of four spaces
and there are references in the minutes between 1950 to 1959 about six
spaces. The matter will be brought up again.
The Board agreed to table the Transportation Advisory Committee's
suggestion of inserting a mini -bus schedule in the tax bill mailing.
Selectmen's Meeting
- 10 - August 6, 1979
Moon Hill Mr. Peter Chalpin, Assistant Town Engineer, met with the Board to
Easement discuss the letter from Mrs. Thompson and Mrs. Dempster concerning the
Moon Hill easement. Chairman Miley said this has been going on since
1976 and the question is if the sewer goes up to Moon Hill, do the
individuals have to connect to it now? Mr. Chalpin said they do not;
the betterment can be deferred. Mr. Busa added, for a time certain
and then renewed. He recommended that the project go forward.
Upon motion duly made and seconded, it was voted to accept the
recommendation of the Assistant Town Engineer to go forward on the
Moon Hill easement project. Mrs. Thompson is to be informed that she
does not have to connect to the sewer until she so desires.
P.B.C. Mr. Busa said the question had been raised to him over the weekend
Pool as to who has authorization over the expenditures from the contingency
Contin- fund for the pool. Mr. Coscia, DPW Manager, replied that the Town
gency Managfir. )had .left it up to ,him Hr. :Bi.ma.said.-he .did not want,the
Permanent Building Committee spending money without letting the elected
officials know. Mrs. Banks said we are aware of the problem and we are
getting an opinion from Town Counsel. Other members of the Board agreed
that if discussion is to be held, a member of the Permanent Building Com-
mittee should be present.
Drain Mrs. Banks requested approval of a drainage project on Mass. Avenue
Project in East Lexington. Work was being done in the area and they found a
pipe which had rotted out. and must be replaced.
Upon motion duly made and seconded, it was voted to award the project
to Great Northern Constructors, in the amount of $9,500, for the replace-
ment of a drain located off Mass. Avenue in East Lexington; authorization
is contained in Article 16 of 1977.
Chairman Miley read a letter from Mrs. Ruth Morey, Chairman of the
Board of Appeals, stating that her board had conducted hearings and had
granted petitions for the Westbridge School and the Minuteman Home Care
Services to occupy the Grey Nuns' School on Pelham Road for a period
of two years. In granting these petitions, the Board of Appeals felt
the flow of traffic question should be referred to the Board of Selectmen
and the Traffic Safety Committee. Mrs. Miley said that letters have also
been received from Mr. and Mrs. Lawrence Miller and Mrs. Angela Frick of
Tavern Lane stating their concern about the total projected traffic count
for the proposed use -of the school, the 51 parking spaces appear to be
inadequate, and an increase of five times the present traffic on streets
which are unable to handle this increase.
Mrs. Battin said that, two years ago, the Board met with the Traffic
Safety Committee to define their role. They talked about cases where the
Planning Board and the Board of Appeals often need planning studies done
for proposed developments or to make informed decisions. Mrs. Battin
quoted from the agreementreached at that meeting, "All present at the
meeting (Mr. Zabin, Planning Board Chairman; Mr. Wadsworth, Board of
Appeals Chairman; Mr. McSweeney, Traffic Safety Committee Chairman;
Mr. Hutchinson, Town Manager; all members of the Board of Selectmen)
appeared to agree that in-depth studies are properly the privince of
the Planning Board and should be regularly addressed to them. If necessary,
1
Selectmen's Meeting
- 11 - August 6, 1979
the Planning Board can require the developer to contract -for in-depth studies
The Selectmen could then, if requested, have such studies critically reviewed
by the Traffic Safety -Committee." Mrs. Battin said the feeling is that the
official town members of the Traffic Safety Committee are available to the
Planning Board to use in this capacity, but the Traffic Safety Committee
themselves felt that this was too much for them to have to do. She wondered
if the Board ought to be looking at these larger traffic issues and thinking
some better way of addressing them. Mr. Kent shared Mrs. Battin's concern
about assignment of the appropriateness of this particular type of problem
to the Traffic Safety Committee. This is really a matter of attempting to
anticipate, from a planning standpoint, the impact of particular projected
activities. There is a reference to a projected traffic count and he
did not know whether there has been one made, and he presumed there had
not been. What we are being askedto do now is to anticipate a problem
and he felt there is not a facility in the Traffic Safety Committee fully
equipped to do that. Mrs. Battin said it is potentially a serious problem,
and suggested that perhaps -the Planning Board could set up a process so
that the proper kind of participatory work gets -.done, not only in this
case but in other cases such as Depot Square, which is an anticipatory
thing. These are major issues which are really the province of the Plan-
ning Board and they ought to beinvolved in. Mr. Busa saidthe only problem
he could see is the use of Tavern Lane, and is this where the problem seems
to lie?. Mrs. Frick said she wantedsomebody to recognize that the total
traffic should have been considered and this is part of the Planning Board's
function. We in the neighborhood are concerned and someone with expertise
should study it; we expect buses, vans, taxis, etc. and there will be at
least five times the traffic there was with the school. When you have de-
velopments in the town, there are figures given out. Mr. William Sen was
present and said he had attended the Board of Appeals hearings and they
have figures - guestimate numbers. He personally felt there could be bad
accidents at Mass. Avenue and Pelham Road.
The Board agreed not to refer the matter to the Traffic Safety Committee
and to suggest to the Board of Appeals that they contact the Planning Board.
The Board briefly discussed the draft of the Selectmen's Statement on HUMAN
Human Services, including the charge to the Human Services Advisory Committee, SERVICES
and it was agreed that Board members are to submit written questions and com-
ments to Mrs. Battin. Time will be scheduled at the meeting on August 27 for
a lengthy discussion of the complete statement, charge and membership ofthe
committee..to be appointed on September 10.
The Board voted to approve the following agenda items:
Lexington Minute Men request for the use of the Green on August 12, 26; Permit
September 16; October 7 for Living History Exercises.
Minutes of the Selectmen's meeting held on July 23, 1979. Minutes
Guide License for Daniel McGrath, 35 Reed Street. Guide
Re -appoint Mr. David Laredo a member of the Sewer Advisory Committee Sewer Adz.
for a term expiring May 31, 1980. Appt.
Selectmen's Meeting
- 12 - August 6, 1979
Election Appointment of thirty-five Democratic and twenty-one Republican
Officers Election Officers for terms of office expiring September 1, 1980.
The Town Clerk is to be requested to notify each officer.
Appts. The Board agreed to appoint three members to the Energy Committee,
Energy as directed by the 1979 Annual Town Meeting under Article 49. These
Com. appointments will be added to the membership of the School Committee
Energy Committee.
Upon motion duly made and seconded, it was voted to appoint Daniel
Harwood, 14 Whittier Road,. Jerome J. Green, 28 Winchester Drive,
Eric M. Olson, 3 Brigham Road, for 3 -year terms of office expiring
May 31, 1982.
Dues
Permits
The Board discussed the Mass. Municipal Association's Home Rule
Legal Fund fee of $275.10 and agreed not to participate, with the
understanding if an issue arises involving the interests of the town,
reconsideration would be given.
Upon motion duly made and seconded, it was voted to approve block
parties on Manning Street on August 26 from 12:00 Noon to 6:00 p.m.;
Oak Park Circle on September 9 from 2:00 p.m. to 8:00 p.m.
Elks Mrs. Banks discussed the request from the Elks Club to hold a
Flea flea market on their property on Sunday, September 16 from 9:00 a.m.
Market to 4:00 p.m. She informed the Board that Town Counsel has advised
that flea markets are not permissable within Lexington. The Board
agreed to so inform thejlks Club.
Insurance The Board agreed to adopt the charge to the Insurance Committee,
Committee and to make the appointments at a later meeting.
Charge Upon motion duly made and seconded, it was voted to adopt the Select --
ten's charge to the Insurance Committee, as follows:
The purpose of this committee is to review the Town's insurance
programs, particularly the workmen's compensation policy and prepare
recommendations about the future administration of these policies.
1. Review and evaluate current workmen's compensation insurance policy
and program.
2. Prepare a report and submit to the Selectmen by December 1, 1979
a recommendation for future insurance coverage and program admin-
istration. The report should include, but not be limited to:
a. Evaluation of current costs.
b. Feasibility of self-insurance program.
c. Recommendations for local administrative responsibilities.
d. Estimated cost of recommendation.
3. Review and evaluate current Town insurance program excluding
employee benefit programs.
4. Prepare a report and submit to the Selectmen by December 1, 1979
a recommendation for appropriate insurance levels, and recommenda-
tions for future bid specifications.
1
Selectmen`s Meeting
- 13 - August 6, 1979
Mrs. Banks discussed a copy of a letter from the Manager to the Chair-
man of the MCAD, stating the town has filed a draft of the fair housing
portion of its Affirmative Action Plan but some elements of that plan have
yet to be completed.... After discussion with John Ahearn, we are requesting
an extension for completion of the remaining elements of this plan in this
order:
1. Appointment of an individual as a contact point between the
Fair Housing Committee and MCAD by August 21.
2. Establishment of.a Fair Housing Committee by the Lexington
Board of Selectmen by September 11.
3. Establishment of goals for affirmative action for future
residents of low and moderate income housing by October 15.
Because of the length of our Town Meeting and the need to involve ap-
propriate groups in the establishment of any goals, we would ask that these
timetables be approved and that an extension be granted. We believe that
citizen involvement is worth taking the time to get these goals established;
timetables are being reviewed with the Board of Selectmen on August 6 and
my office will confirm these with you early next week.
Upon motion duly made and seconded, it was voted to endorse the ex-
tension for completing the remaining elements of the fair housing portion
of the Affirmative Action Plan of the Town of Lexington.
Mrs. Banks recommended that the Board authorize the Town Manager to
negotiate with Mr. and Mrs. Lail for an appropriate price dealing with
the conveyance of the piece of property at the corner of Lowell and
Bryant Road at 258 Lowell Street. Conservation, Planning, Recreation,
Housing Authority and Building Commissioner have no objections to this
property being conveyed to the Lails.
Upon motion duly made and seconded, it was voted to authorize the Town
Manager to negotiate with Mr. and Mrs. Lail for the conversance of town -
owned land at the corner of Lowell and Bryant Road, and the.Town Manager
is to proceed with arrangements for an appraisal of the land.
Mrs. Banks informed the Board that Edco will vacate the premises at
the Parker School as of September 15„ and requests are now being reviewed
to get our buildings occupied; otherwise, we will be boarding them up.
Mrs. Banks informed the Board that Mrs. Alice Hinkle has resigned
as a member of the Recreation Committee. The Board agreed to publicize
the vacancy on .the committee.
Mrs. Banks said a report will be submitted to the Board on Hancock
Street. It appears':that iit 0111 nat be done this year as there are
problems with the design of the street and communications with the
state are incomplete.
MCAD -
Fair
Housing
Plan
Town Land -
Lowell St. -
Bryant Rd.
Parker
School -
Edco
Recreation
Resignation
Hancock
Street
Mass.
Municipal
Assoc. -
Collective
Bargaining
Executive
Session
Selectmen's Meeting
- 14 - August 6, 1979
Mr. Crain requested additional information on the Manager's agenda
item indicating our interest in participating with the Mass. Municipal
Associations in a cooperative approach to collective bargaining, which
would cost the Town $350.00.
Upon motion duly made and seconded, it was voted 5-0 by roll call
vote - Mrs. Miley, Mr. Busa, Mrs. Battin, Mr. Kent and Mr. Crain - to
go into Executive Session for the purpose of discussing 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
11:30 p.m.
A true record, Attest:
Executive Clerk, Selectmen
1
1
1
SELECTMEN'S MEETING
August 20, 1979
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, August 20, 1979 at 7:30 p.m.
Chairman Miley, Mr. Buse, Mrs. Battin, Messrs. Kent and Crain, Mr. Hutchin-
son, Town Manager; Mrs. Banks, Assistant to the Town Manager, Miss Casey.
Principal Clerk, Selectmen were present.
The Board, Town Manager, Assistant to the Town Manager, Mr. Coscia of Hartwell
the Public Works Department, and members of the Engineering firm of Whitman Ave.
& Howard met at the sanitary land fill at 7:00 p.m. to discuss the permanent Landfill
closing of the landfill. Mrs. Miley stated that the Board had come to the
conclusion that it will be very costly to fulfill the state standards.
Mr. Reilly of the Solid Waste Committee informed the Board that his com-
mittee had been having a series of meetings in the latter part of July and
will continue to meet every two weeks to get all the information needed
and will be reporting to the Board by September 26 and a final report will
be ready by October 10.
He stated that they will need to know within a 5% to 10% margin of error
the amount of refuse tonnage that the town is generating per day at the land-
fill, as tonnage is the basis of payment to the North Andover facility.
Mr. Reilly stated that the committee is considering two proposals and at its
last meeting on July 29 it voted to support the proposal to scale down from
the initial build of a 3,000 ton per day plant to a stage called "phased
construction" of a plant with 4 incenerators and a 1500 ton per day plant.
The second proposal is the modification of the transportation sharing plan
whereby each town involved handles its own transportation costs to the door.
the committee does not favor this concept and supports the original proposal
of NESWC and requested the opinion of the Board as to whether or not they
should go forward with the original proposal or not.
Mr. Hutchinson explained that the committee would like to have the
support of the Board so that at the meeting on September 6 they can say they
have no problems with the Board of Selectmen who are the granting authority.
He stated that the transportation system will be continued to be investiga-
ted.
The Board gave its approval to the committee to go forward on the origi-
nal proposal.
The Chairman thanked the representatives of Whitman & Howard and they
retired from the meeting.
The Chairman informed the Board that the Bureau of Solid Waste Dis- 128 West
posal has requested an update of delegated representatives to the 128 West Resource
Resource Council. Recovery
Mr. Hutchinson, who is the designee from Lexington, informed the Board Designee
that his attendance at meetings has been less than desirable as he had
been pursuing other alternatives. He suggested that Mr. Reilly, who has
agree, to be designated as an alternate.
The Board agreed and the Bureau of Solid Waste Disposal and 128 West
Resource Recovery will be notified.
Mr. Reilly retired from the meeting.
Personnel
Advisory
Board
Charge
-z-
The Board met with Mr. Butler and Mrs. Small of the Personnel Advisory
Board to discuss the charge to the committee.
Mr. Hutchinson stated that there had been some questions raised specifi-
cally relating to the relationship of the Personnel Advisory Board with
other agencies. He said that he and Mr. Busa had talked about it and had
come up with some language that might be acceptable to both groups.
Mr. Buse stated that the reason for the redraft was to ensure that the
Town Manager and the Board of Selectmen will know what topics are to be
discussed and when. The Personnel Advisory Board will coordinate and ad-
vise the Town Manager of meetings with other public agencies and boards and
the subject matter being reviewed to enable the manager to give notice to
the Board of Selectmen.
Mrs. Battin stated that, while it was not stated specifically in the
charge, it was the intent to also provide advice and assistance to the
Board of Selectmen on policy issues inherent in the personnel system.
Mr. Butler agreed.
Mr. Crain requested that the final part of the charge be amended by
the insertion of the words "submitted annually by October 15."
Upon motion duly made and seconded, it was voted to approve the following
charge to the Personnel Advisory Board with the provision that the Personnel
Advisory Board coordinate and advise the Manager's Office of meetings with
other public agencies and boards and the subject matter to be reviewed to
enable the Manager to provide appropriate notice to the Board of Selectmen;
and that it be understood that the intent of the first part of the charge
include the availability of the Personnel Advisory Board to provide advice
and assistance to the Board of Selectmen on policy issues inherent in the
personnel system.
The Personnel Advisory Board shall:
.be available individually and as a group as requested by the Board
of Selectmen, Town Manager and appropriate Town agencies and Com-
mitees to share opinions, provide advice and assistance to the Board
of Selectmen on policy..issues inherent in the personnel system;
.review proposed personnel policies and practices and recommend
changes for consideration by the Town Manager and Board of Selectmen;
.review proposed changes in compensation and fringe benefit policies
and/or practices and make recommendations regarding appropriate
actions or policy positions to be taken by the Town;
.review and comment on annual personnel services budget and proposed
salary adjustments submitted by Town Manager to Board of Selectmen;
.review and respond to proposed organizational changes made by the
Town Manager to the Board of Selectmen;
.propose and submitted annually by October 15 an agenda of suggested
policy proposals and projects for the Board of Selectmen's considera-
tion, which it is prepared to initiate.
The Chairman tanked Mr. Butler and Mrs. Small and they retired from
the meeting.
1
1
1
Meetings
Mass.
Municipal
Assoc.
LGAC
1
- 3
Selectmen's Meeting August 20, 1979
The Board met with the Cable Television Advisory Committee to discuss CATV
the initiation of the franchising process to choose the calbe television_com- Committee
pany that might serve Lexington.
Mr. Page informed the Board that the committee would meet with the
Secretary of the Massachusetts Cable Television Commission to get an update
of the licensing procedure. By State law, a public hearing must be held
prior to initiating the franchising procedure. He recommended, and the Board
approved, that a hearing be held in Estabrook Hall on September 20. This
hearing will be an opportunity for Lexington organizations and individuals to
state their opinions regarding cable television.
The committee recommended that the system be maintained through a com-
munity access center funded 1/3 by the cable company, 1/3 by the town and 1/3
by private donations from citizens and organizations. The estimated expense
of operating the center would be about $75,000 per year. This access center
would televise such community activities as town meetings, Selectmen's meet-
ings, educational programs etc.
Mr. Buse raised the question as to when does it have to be established
that the -$75,000 would it have_to be availableas this would have to be
written into the contract.
Mr. Page stated that the committee would try-to:make it -part of the
negotiations of the contract. it can be left as a proviso. He stated that
the main thing would be to get a commitment from the cable company to pro-
vide its part and later on it would be up to the town to decide its share
would be. Mr. Page stated that the cable companies would be more interested
in Lexington as a customer for cable television without the provision of
providing a community access center and the company would be providing a ser-
vice over and above what they could provide as a minimum. He said that the
committee would be looking for those companies that would be willing to pro-
vide this service.
Upon motion duly made and seconded, it was voted to approve the Com-
mitee's suggestion to hold an open meeting.
Mrs. Miley thanked the Committee and they retired from the meeting.
Mrs. Battin reported to the Board regarding the meeting with the
Directors of the Mass. Municipal Association and the Deputy Commissioner
of Revenue. She stated that the cherry sheets had planned to be out on
Friday and that at the same time we will receive voluminous forms to fill
out in order for them to certify the tax rate. The reports were being typed
up and they wanted to send them out at the same time as the cherry sheets but
didn't think they would be ready to go out Friday. They will be ready to go
out and should be received by Wednesday.
Mrs. Battin also reported regarding the LGAC meeting regarding.classi-
fication. She stated that regarding the Andover case, there was a very strong
court decision. All those not in compliance are being turned over to the
Attorney General and are being ordered to have contracts signed and the
monies appropriated by September 4. They will have to call special town meet-
ings .in .those particular towns or the Judge said that he would give the State
the power to hire outsiders to do it for those communities and take it off
the cherry sheets. This does not apply to Lexington. The courts did resolve
the issues that were challenged regarding classification satisfactorily so
-- Classification I is not optional and every community is going to have
Acting
Chairman
Street
Resurfacing
Contract
Street,
Drain and
Sidewalk
Const.
Mini Bus
Fares
Executive
Session
:;Wood St.
Sidewalk
Abatement
,Water Bills
- 4
to go to it and it can be instituted on a piecemeal basis. Eighteen towns
have been certified toproceed this year and they are being ordered to.t:_The
other 70 are going to be met with during the fall.
Mrs. Battin also reported regarding the meeting with Governor King
and stated that he had said that he understood municipalities concerns with
State mandates. He urged the municipal associations to put lists of man-
dates in order of priority, including the administrative mandates, rules and
regulations that impose requirements relative to staffing money, etc. and
send them to Ken Shaw at the League quickly so that they could be reviewed.
The Chairman asked for a nomination for acting chairman from August
21 through August 26.
Upon motion duly made and seconded, it was voted to appoint Mr. Busa
as acting chairman from August 21 through August 26.
The Manager requested,. approval.' of the`awarding of the contract. far.
resurfacing of Massachusetts Avenue from Pelham Road to Woburn Street,
Hartwell Avenue from Bedford Street to the railroad tracks, Forest Street
and Middle Street to Sarao Bros, Inc., 97 Beaver St., Waltham, Mass. in
the amount of $98,290.00.
Upon motion duly made and seconded, it was voted to award the con-
tract #80-3-E for street resurfacing to Sarao Bros., Inc. in the amount of
$98,290.00
The Manager requested approval of the awarding of the contract for
street, drain and sidewalk construct #78-6-E to J. J. O'Brien & Sons, Inc.
Waltham, Mass, on the basis of their being the lowest qualified bidder,
subjecto to Town Counsel approval as to bid form for Banks Avenue, Cushing
Street, Tucker Avenue and Wood Street.
Upon motion duly made and seconded, it was voted to award the con-
tract #78-6-E, street, drain and sidewalk construction to J. J. O'Brien
& Sons, Inc., Waltham, Mass. in the amount of $157,367.00 subject to Town
Counsel approval as to bid form.
Upon motion duly made and seconded, it was voted
month pass structure for the mini bus at $20.00 for six
for three months and $30.00'yearly pass.with 25c single
to approve a six
months, $15.00.
fare ride.
Upon motion duly made and seconded, it was voted by roll call vote
5-0 -- Mrs. Miley, Mr. Busa, Mrs. Battin, Mr. Kent and Mr. Crain -- to go
into Executive Session, with the intention of resuming open session, to
discuss matters of possible litigation and real estate negotiations. After
discussion it was voted to go out of Executive Session and resume the open
meeting.
The Board voted on the following requests from the Acting Director
Public Works/Engineering:
Upon motion duly made and seconded, it was voted to sign the Order
for Sidewalk Construction for Wood Street from Holton Road a distance of
2471 feet westerly to Bates, Road.
Upon motion duly made and seconded, it was voted to abate water
bills in total amount of $109,597.45 ($108,693.00 -- wrong billing to
Navy Raytheon MFG, 78 Westview Street.
- 5
Selectmen's Meeting August 20,
Upon motion duly made and seconded, it was voted to approve the
request of the N.E. Tel. & Tel. and Boston Edison for the following follow-
ing joint pole locations:
Muzzey Street: on the westerly side, approximately 19'+ (feet)
south of Massachusetts Avenue, one (1) Pole 69/1.
Hartwell Avenue: on the southerly side, approximately 1584'+
(feet) west of Maguire Road, one (1) Pole 411/43
1979
The Board discussed the request of The United Cancer Institute to
have citizens contact congressional members to enact September 8 National
Cancer Day into law.
During discussion of the request, it was brought out that The
United Cancer Institute is not affiliated with the National Cancer Insti-
tute or the American Cancer Society and Mr. Buse requested that the matter
be tabled.
Upon motion duly made and seconded, it was voted to table the request
of the United.Cancer Institute to contact congressional members to enact
September 8 as National' Cancer Day into law.
• J/0 Poles
Muzzey
Street
and
Hartwell
Avenue
United
Cancer
Institute
Upon motion duly made and seconded, it was voted to sign the Sunday Theatre
and Weekday licenses for Lex -Mil Theatres Cinema I and II.
Licenses
Upon motion duly made and seconded, it was voted to sign the bond Asst. Treas
for Doris Barclay, Assistant Town Treasurer in the amount of $43,000.00. Bond
Upon motion duly made and seconded, it was voted to approve the Minutes
minutes of the Selectmen's Meeting of Autust 6, 1979.
The Board met with the Housing Authority and the Planning Board to
discuss the fair housing plan requested by MCAD.
The Manager:_. informed the Board that he had filed, in behalf of the
Town, an affirmative action plan and a component of that is the fair hous-
ing plan. He stated that MCAD is asking what the Town is doing in regard
to housing and that much of the efforts are tied in with the Housing
Authority who are moving forward on it. MCAD is specifically asking the
Town about the establishment of a fair housing committee or a designation
of a fair housing committee and what characteristics it would have and have
asked with what public housing is coming in line what efforts within the
affirmative action component are being made by the Town to meet affirmative
action goals. This means affirmative action recruiting for applicants for
housing in scattered sites, elderly housing or Section 8 housing. Mr.
Hutchinson stated that he has tried to outline a series of steps relative
to the appointment of a liaison with MCAD to work with them in articulat-
ing the Town's position in fair housing. He stated that the Board would
have to decide what makeup any fair housing should take looking at the goals
that are supposed to be outlined to MCAD. The Manager stated that he felt
that, HUD having recognized that the Housing Authority had filed an affir-
mative action plan with them, he wanted to make sure that we wind up reason-
ably consistent with the plans we have now and prevent any inconsistencies
in the future. MCAD is working closely with cities and towns and a number
of cities and towns are involved in law suits about their selection
process of applicants to the point of jeopardizing funds, not only for fu-
ture programs but existing ones. MCAD wanted to know if goals were going
Fair
Housing
Plan
- 6 -
to be established or an effort was going to be made for X number of housing
to be for minority families.
Mrs. Shunney, of the Housing Authority informed the Board regarding
the different processes that they are going through with HUD and DCA in.
order.to get a contract signed and that each agency seems to be working
independently of the other which makes it very difficult for the Authority.
She stated that there are different requirements to every project that
comes up.and that any agency that is dispensing money has a lotcof influ-
ence regarding requirements. Mrs. Shunney also stated that the Housing
Authority had filed an affirmative action plan.
Mr. Hutchinson informed the Board that the MCAD is enforcement arm
within the'.state for the Federal Agency administering Federal funds. They
have not taken a position as part of Federal policy on the numericaj.".
question but they go to the state agencies involved. He stated that goals
must be set regarding this.
Mrs. Shunney explained that the Housing Authority has no jurisdic-
tion about who applies for housing and that minorities simply do not apply.
She felt that no one was discriminated against and that they have taken the
people that have applied.
During further discussion, it was brought out that a Fair Housing
Committee must be established and appoint an individual to be a contact
between the committee and the MCAD. The committee would establish goals
of affirmative action for future residents of low and moderate income
housing in Lexington and establish a methodology to determine if there are
structural barriers to equal access to housing.
Mr. Scanlon of the Housing Authority explained that on the scattered
sites housing, under HUD regulations which have been filed and approved,
first preference will be given to Lexington residents regardless of the
length of residence and persons who are employed or about to be employed in
Lexington, the tenants selection plan will be to accept applications from
everyone, and they also have utilization which means for a two bedroom
you have a minimum and maximum number of individuals who can live there
and also for two, three and four bedroom units. He stated that they try to
fill on first priority basis those in that category then its all others.
This a part of the HUD regulations under the low income housing program.
Mrs. Shunney explained that this policy is adaptable to "need" also
and is not mandatory and if there was a person a more serious housing
need than a Lexington resident, the Housing Authority could place them
first. Interviews are conducted to determine the needs and requirements
of all applicants.
The Manager suggested that it would be beneficial to get a HUD
person and an MCAD person together with our representatives and sit down
and get some of the questions ironed out,and present the programs that we
already have.
The Chairman thanked the members of the Housing Authority and the
Planning Board for all the information given and they retired from the
meeting.
The Chairman requested recommendations be sent in to the Manager's
office during the week relative to the formation of a Fair Housing Com-
mitee which will be appointed at next week's meeting.
The Chairman reminded the Board that one of the agenda items was
to appoint a liaison to work with MCAD in development of the Town's Fair
Housing Plan and Mr. Kent suggested that Mr. Crain be designated to ful-
fill that function, at least for the time being to get the committee off
on the right foot relative to what is expected and required of us.
1
- 7
Selectmen's Meeting August 20, 1979
Upon motion duly made and seconded, it was voted to appoint Mr. Crain
to be the liaison to work with MCAD in the development of the Town's Fair
Housing Plan.
The Board met with the School Sites Conversion to discuss the proposed Parker
guidelines for.•the conversion.of;Parker School. School
During the discussion, Mr. Kent requested clarification of the refer-
encen.to_a safe_:access to and from Bedford Street.
Mr. Smith explained that the idea was to widen the current cut into
Bedford Street at the right hand of the school and construct a driveway then
which would allow crossings at the front of the school. It doesn't mean a
roadway where the steps are.
It.vas also brought out that the reference to a "living fence" of 15-20
foot hemlock trees was just a suggestion and that the developer and the
abutters, Mr. and Mrs. Frank Byrnes would get together and come to some de-
cision that would be mutually agreeable.
Mr. Kent suggested that an alternative be that a living fence be pro-
vided on the right hand side and the abutters be consulted.
Mrs. Miley referred to the section referring to sound transmission,
Mr. Busa pointed out to the Board that to comply with this section would be
very costly to the developer, and he considered it unrealistic to have that
building the only one in the entire area to have to comply with this regu-
lation.
Mrs. Banks stated that it had been discussed with Mr. DeMatteo,-Build-
ing:Commissioner, and that it was consistent with building requirement cokes
which will be in effect in January, 1980.
Mr. Busa questioned whether or not this referred to a footprint of the
area or statewide.
Mr. Hutchinson said that he would get the question clarified and report
back to the Board.
The Chairman informed the Board that Mr. Greeley, a representative
from the Munroe School area is putting together a meeting with the neighbors
on September 11 in Estabrook Hall and a letter is being sent out to about
200 houses.
Mrs. Miley thanked the Committee and they retired from the meeting.
Upon motion duly made and seconded, it was voted to accept the
proposed guidelines for t»e conversion of Parker School as follows:
Proposed Guidelines - Parker School
Written:
1) The use of the Parker School shall be 25-30 condominiums, 25% of which
will be given to the Town of Lexington for family housing as described
by HUD. Two types of proposals will be considered:
1) development of existing building.
2) development of existing building plus additions thereto.
The maximum number of units for the existing building with additions
thereto will be 30 condominiums. It is understood that there will be
fewer units if only the original shell is developed.
2) Safe access to and from Bedford Street is a major point to be considered
and at least 1 alternative plan should be submitted which uses the ex-
isting access, widened, for a road going in front of the school leading
to the parking area.
- 8 -
3) After final approval of a developer's plan has been granted by the Board
of Selectmen, there shall be no changes in the plan unless recommended
by the Planning Board and/or Town Meeting.
4). Family subsidized units should be randomly spaced among all units.
5) Walls, partitions and floor -ceiling constructions separating tenant
units from each other or from public or service areas shall have a
sound transmission class (STC) of not less than forty-five X45) for
airborne noise. (sec. 522.2, State Building Code, third section)
Verbal
1) The neighborhood has expressed concern about the height of the building
and the possible addition of another story.
2) The developer should furnish a complete landscaping plan as required by
the Planning Board.
3) The 3 finalists will have to work out a living fence with the abutters
on the right hand side.
4) Final approval of a development plan is subject to Town Meeting vote in
accordance with Section 28 of the Zoning By -Laws (copies of Section 28
will be made available in the development package).
These guidelines are accepted subject to clarification of the noise question
and the "living fence" issue.
Executive Upon motion duly made and seconded, it was voted by roll call vote
Session 5-0 -- Mrs. Miley, Mr. Busa, Mrs. Battin, Mr. Kent and Mr. Crain --,to go
into Executive Session, with no intention of resuming open session, to dis-
cuss complaints..brought against a public employee.
After discussion it was voted to adjourn
Upon motion duly made and seconded, it was voted to adjourn at 11:00 p.m.
A true record, Attest:
6.
P.rincipal_Clerk, Selectmen
1
SELECTMEN'S MEETING
August 27, 1979
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, August 27, 1989 at
7:30 p.m. Chairman Miley, Mr. Buse, Mrs. Battin, Mr. Kent and Mr. Crain,
Mr. Hutchinson, Town Manager, Mrs. Banks, Assistant to the Town Manager,
Mr. Cohen, Town Counsel and Miss Casey, Principal Clerk, Selectmen were
present.
The Chairman called the meeting to order at 7:30 p.m. and the Town
Manager explained to the Board that he had met on Friday afternoon with
some of the people who live in the Reed Street area to discuss briefly
their concern about impacting the neighborhood with institutionally sup-
ported housing. He asked the Board's indulgence in hearing some members
of the neighborhood who were present to explain their concerns.
He introduced Mr. Robert French who spoke for the group. He ex-
pressed the concerns of the neighborhood regarding the scattered sites
housing stating that one-third seems to come into the Reed Street neigh-
borhood. The other concern was the opening of another emergency adoles-
cent shelter without benefit of a neighborhood hearing or special permit.
He pointed out that there are now seven independently funded programs
affecting dwellings in the neighborhood. He stated that the group had
met with the Director of Mystic Valley Health Center and was informed that
over the next few years there will be the need for the establishment of
similar settings. Mr. French expressed his view that "under the um-
brella of public education it is now possible to introduce a wide variety
of shelter programs into any residential area without special permits or
a neighborhood hearing." He requested a more formal meeting with the Board
of Selectmen and representatives of the Mystic Valley Health Center to
discuss the overall question of coordinating this program.
Mrs. Battin explained that the Massachusetts Municipal Association
has been working on the problem but the most recent rulings in the courts
are that half -way houses have been deemed public education and have the
right to go in anywhere. The Mass. Municipal Association filed legisla-
tion last year which is up for review, requiring that the town be noti-
fied when any human service agency or program intends to. introduce a pro-
gram into a particular neighborhood.
The Board agreed to meet again with the residents of the Reed Street
neighborhood and representatives of Mystic Valley. Mr. Hutchinson is to
make the arrangements relative to a specific date and contact the in-
terested parties.
Reed
Street
Mystic
Valley
The Board discussed and reviewed at length the Human Services State-
ment for the Town of Lexington, and after making agreed upon changes of
the draft voted to accept the statement.
Upon motion duly made and seconded, it was voted to accept the
following Human Services Statement for the Town of Lexington and the
creation of a Human Services Committee and purpose and charge be adopted:
(See attached)
Human
Services
Statement
and
Committee
Lex. Fire
Fighters
Emery
Park
Brand/
Jenkins
Dog
Hearing
Tax Rate
Fire Fight-
ing agree-
ment
Winchester/
Lexington
Intent to
take sewer
easements
Moon Hill Rd
Carville Ave.
All America
City Award
- 2 -
The Chairman read a request from the Lexington Fire Fighters for
the use of Emery Park on August 31, 1979 from 10:00 a.m. until 4:00 p.m.
to hold their annual "fill the boot" fundraiser for Muscular Dystrophy.
Upon motion duly made and seconded, it was voted to grant permission
to the Lexington Fire Fighters for the use of Emery Park on August 31
from 10:00 a.m.. until 4:00-p.m..to hold their annual "fill the boot" fund-
raiser for Muscular Dystrophy.
The Chairman read a letter from Jonathan Brand stating that the
order issued by the Board of Selectmen on July 24, 1979 to J. R. Jenkins
as the result of the dog hearing on July 18, 1979 has not been obeyed by
the Jenkins'
After a brief discussion, the Board agreed to take criminal action
against J. R. j-enkins.
Upon motion duly made and seconded, it was voted to take criminal
action against Mr. J. R. Jenkins regarding the lack of cooperation in
obeying the order of the Board of Selectmen issued July 24, 1979.
Mr. Hutchinson informed the Board that there probably would be a
decrease of about $2.00 or $3.00 on the tax rate this year. He also
stated that he was notified this week that our tax bills cannot be ready
for mailing until approximately October. The State office of Revenue
must approve the format and they claim that the Legislature, which had
been considering raising the interest on unpaid tax bills from 8% to 14%
did not give them its decision until recently. The Manager informed the
Board that this delay will necesitate the town borrowing as much as
$2,000,000.00 and it will mean that our tax bills cannot be printed in
time for an earlier mailing. Mr. Crain suggested that the the Town
should spearhead the Municipal Association to develop specifically what
this means in dollars and confront the legislators and state government
with exactly how much money this means as it is revenue that can never
be recouped. The Manager will give Mrs. Battin the figures and she is to
take it to the Municipal Association. As was done last year, the tax
bills will contain a memo outlining where the money goes and where it
comes from.
Mr. Hutchinson requested the approval of the Selectmen regarding the
mutual aid agreement between the Towns of Winchester and Lexington.
Upon motion duly made and seconded, it was voted to approve the mu-
tual agreement between the Towns of Winchester and Lexington relating to
fire fighting services.
The Manager informed the Board that he had a request from the De-
partment of Public Works for a vote of intent to take the sewer ease-
ments on Moon Hill Road and Carville Avenue.
Upon motion duly made and seconded, it was voted the intent to take
sewer easements on Moon Hill Road and Carville Avenue.
The Manager requested the Board to
America City Award.
Upon motion duly made and seconded
Manager to file for the All -America City
pal League, New York, N. Y.
authorize him to file for the All
it was voted to authorize the
Award with the National Munici-
1
1
- 3 -
Selectmen's Meeting August 27, 1979
The Manager informed the Board that he has scheduled a contract sign-
ing with Patten Appraisal Associates of Portland, Maine for the revaluation
of the Town on Friday, August 31 at 11:00 a.m. He stated that he felt that
it would be nice to have Selectmen representatives at the signing, as well
as, the Board of Assessors to give it appropriate publicity. A publicity
campaign is being designed now and will be reviewed with the Board in
September.
The Manager requested
parties:
Upon motion duly made
to Nancy Rempfer, 8 Stevens
Sutherland Road/Taft Avenue
approval of the Board for the following block
and seconded, it was voted to grant permission
Road, to hold a block party at_Stevens Road/
on September 3, 1979 from 4:00 p.m. until 8:00
p.m. subject to coordination with appropriate departments.
Upon motion duly made and seconded, it was voted to grant permission
to Mrs. Stephen Berry, 29 Woodland Road, to hold a block party and block
off the area from Hayes Avenue to Colony Road on September 9, 1979 from
5:30 p.m. until 7:30 p.m. subject to coordination with appropriate depart-
ments.
The Board discussed the request of Dr. David F. Clune, Principal of
the High School and Ralph V. Lord, Jr., Coordinator of Physical Education,
Health and Athletics for the transfer of the outdoor basketball standards
and kickboard at the Munroe School to the Senior High School. The use of
the.. equipment would be to develop a controlled outdoor play area in the
Immediate area of the school for use by the students during and after
school. It was agreed to have the Manager write to Dr. Clune and explain
that some of the neighbors had requested that the equipment be retained
for a neighborhood play area. The Board would like to keep the option of
a neighborhood play area open until a decision is made concerning the
final disposition of the building and if it was decided not to retain the
play area, the Board would be happy to transfer the equipment.
The Manager requested the approval of the Board for a Common Carrier
License for Boston Tours, 89 Arcadia St., Waltham to operate a common
carrier over routes in Lexington including pick-ups and drop-offs at
the Lexington Sheraton and Catch -Penny Inns.
Upon motion duly made and seconded, it was voted to grant approval
to Boston Tours for the operation of a common carrier for the transporta-
tion of passengers for hire by motor vehicle over the routes specified.
Mr. Cohen requested the Board to sign Orders of Taking for the
temporary construction easements for Banks Avenue, Cushing Street and
Tucker Avenue and the sewer easement for the new swimming pool.
Upon motion duly made and seconded, it was voted to sign the
Orders of Taking -10i_ the tem
otar -
p y- construcEion .easements :for Baiaks'Ave. ,
Cushing Stt.r..and Tucker Avenue.
Upon motion duly made and seconded, it was voted to sign the Order
of Taking for the sewer easement incconnection with the new swimming
pool.
Contract
Revalua-
tion
Block
Party
Block
Party
Munroe
School
Equipment
Boston
Tours
License
Orders
of Taking
Banks Ave.
Cushing St
Tucker Ave
Order of
Taking
Swimming
Pool
- 4
Mini -bus The Manager informed the Board that permission of the Burlington Board
Burlington of Selectmen must be obtained before the proposed mini -bus service to the
Selectmen Burlington Mall can be initiated. The Chairman will write to the Burlington
Board of Selectmen requesting such permission.
Upon motion duly made and seconded, it was voted 5-0 by roll call
vote -- Mrs. Miley, Mr. Buss, Mrs. Battin, Mr. Kent and Mr. Crain -- to'
go into executive session for the purpose of discussing matters of liti-
gation, with no intention of resuming the open session.
Upon motion duly made and seconded, it was voted to adjourn at 10:30 p.m.
A true record, Attest:
a:Ler.
Principal Clerk
Selectmen
SELECTMEN'S MEETING
SEPTEMBER 10, 1979
A regular meeting of the. Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, September 10, 1979,
at 7:30 p.m. Chairman Miley, Mr. Busa, Mrs. Battin, Mr. Kent, Mr. Crain;
Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Mrs. Banks, Assist-
ant to the Town Manager; Mrs. McCurdy, Executive Clerk, were present.
Chairman Miley opened a hearing on the N.E.T.&T. Co. petition for NET&T Co.
two manholes on Massachusetts Avenue; one 80+ west of School Street, Manholes -
and one 20+ west of Paul Revere Road. Notices af.thehearing had been Mass. Ave.
sent to the abutters, and filed with the Public Works Department.
Mr. Pinault, Telephone Company representative, said that this revised
petition had been reviewed on location with Mr. Coscia, DPW Manager,
and he has no objections. Chairman Miley read a report from Mr. Empey,
Acting Director of DPW/Engineering, stating this work is necessary to
consolidate two existing telephone conduits and approval is recommended.
Mr. Thomas. Anthony, 2561 Massachusetts Avenue, spoke in opposition as an
abutter. He said there are two existing manholes within 18 feet of the
center of his driveway and he questioned the need for an additional man-
hole. There is the problem of blocking off two driveways during in-
stallation, plus a safety factor when repairs are made on an existing
terminal located on a pole in the immediate area. Mr. Pinault said
the new manhole will accomplish a ;separate system and we are in the
process of recabling the whole area. In the immediate future, there
is going to be some work done to eliminate that particular box.
No one else appearing in favor or in opposition, the Board voted to
table the petition pending further investigation and information from
the Telephone Company.
Chairman Miley opened a hearing on the Boston Edison Company
petition to install 6 feet of conduit in Liberty Avenue. Notices of
the hearing had been sent to the abutters, and filed with the Public
Works Department. Mr. Robert Malice, Boston Edison representative,
said this work is necessary to provide service to 90 Hancock Street.
Chairman Miley read a recommendation from Mr. Empey that approval be
granted. No one else appearing in favor or in opposition, Chairman
Miley declaredthe hearing closed.
Upon motion duly made and seconded, it was voted to grant per-
mission to the Boston Edison Company for the following location:
Liberty Avenue, easterly approximately 720 feet north of
Revere.Street a distance of about 6 feet - conduit.
Bos. Edison
Conduit -
Liberty Ave.
Selectmen's Meeting - 2 - September 10, 1979
NET&T Co. Chairman Miley opened a hearing on the N.E.T.&T. Co. petition to in-
Conduit- stall 495 feet of conduit and one manhole in Hartwell Avenue west of
Hartwell Maguire Road. Notices of the hearing had been sent to the abutters and
Avenue filed with the Public Works Department. Mr. Pinault, Telephone Company
representative, said this request had been reviewed on site with Mr.
Coscia and he had no objection as this work is necessary to service a
new building presently under construction. Chairman Miley read a recom-
mendation from Mr. Empey that approval be granted. No one appearing in
favor or in opposition, Chairman Miley 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:
Hartwell Avenue, on the northerly side, approximately 1085+ feet west of
Maguire Road, one manhole 54/128; also, on the southerly side from
existing manhole 54/300 located approximately 650+ feet west of
Maguire Road, westerly approximately 400+ feet, thence sweeping
to the northerly side approximately 75+ feet to new manhole 54/128,
thence northerly approximately 20+ feet to private property,.a
total of approximately 495+ feet of conduit.
Public Mr. Gaynor Rutherford, Chairman of the Trustees of Public Trusts,
Trust met with the Board regarding an accumulation of monies in the trusts
Funds administered by the Trustees. A summary of the trusts and available
funds had been submitted and Mr. Rutherford recommended that the
Selectmen request the Trustees for expenditures from the appropriate
trusts as some had not been used for some time.
The Board agreed that the Manager is to consider the available re-
sources and requirements and make recommendations for future requests
for the use of truat .funds.
Better- Chairman Miley read a request from Mr. Warren Empey, Acting Director
ments - of Public Works/Engineering, to sign the lists of betterment assessments.
Street Upon motion duly made and seconded, it was voted to sign the follow -
Sewer ing betterment assessments:
STREET: Briggs Road, Crescent Road, Great Rock Road.
SEWER: Crescent Road, Barnes Place, Bennington Road, Eliot Road,
Briggs Road, Garfield Street, Stedman Road, Gibson Road,
Great Rock Road, Green Lane, Marrett Road.
Cert. Upon motion duly made and seconded, it was voted to table the re-
Incorp. quest from the State Secretary to approve 37 Grove Street for a Certificate
of Incorporation for Lexington Child Care Cooperative, Inc.
Traf.Saf. Chairman Miley read a request from the Traffic Safety Committee re -
Com. - garding a stop sign at Preston/Simonds Road.
Preston/ Upon motion duly made and seconded, it was voted to refer to the
Simonds Traffic Safety Committee the request from Mr. Bruce Adams, 12 Linmoor
Rd.Sign Terrace, for consideration of the stop sign at Preston and Simonds Road
being converted into a yield sign.
1
Selectmen's Meeting
- 3 - September 10, 1979
Chairman Miley read a report from the Traffic Safety Committee re-
garding requests to reduce the speed limit to 30 MPH, and to prohibit
through truck traffic on Wood Street. The report stated that the cur-
rent speed limit on Wood Street is 35 MPH in both directions from Old
Mass. Avenue to Hartwell Avenue; the process by which speed zones are
established under Chapter 90 of the General Laws involves radar speed
studies conducted by the Registry of Motor Vehicles and Mass. D.P.W.
to determine the 185th Percentile Speed, and that speed becomes the
posted speed. From past experience, it is a fact that where speed
studies have been performed on already posted roadways, the 85th Per-
centile Speed has increased, and if the roadway were to be re -posted,
the new speed limit would be increased, as required by law. Therefore,
the Committee recommends not seeking to re -zone Wood Street to a lower
speed since in all likelihood the current 35 MPH would be increased.
To institute a through truck ban on Wood Street, Mass. D.P.W. must
issue a permit to the Town, subject to the most important condition
that the Town provide a suitable alternate route (1) which must not be
circuitous and more than slightly longer than the original route; (2)
must not force the truck traffic to leave the confines of the Town
to reach its destination. A suitable alternative to Wood Street does
not exist at this time and, for this reason, the committee finds it
highly unlikely that Mass. D.P.W. would issue a permit. Therefore,
the Traffic Safety Committee recommends that the request be denied.
Upon motion duly made and seconded, it was voted to accept the
recommendations of the Traffic Safety Committee concerning the speed
limit and through truck traffic on Wood Street.
The Board discussed a request from the Minuteman Regional School
for immediate consideration of the use of red/green lights at the inter-
section of Marrett Road, Mass. Avenue, and the current school entrance.
Mr. Hutchinson said he had discussed the matter with the Police Chief
and the Traffic Safety Committee and we all agree it is a very difficult
intersection. The new entrance/egress should provide some assistance,
and impact of that assistance should be assessed during the school year.
We support the widening of Marrett Road between Route 128 and the bluff
to allow for better traffic flow, and we will work with State officials
on any reasonable alternative. The town is not going to support solu-
tions that present problems, especially when we counseled against the
current entrance/egress and it was put in despite our recommendations.
The lights were apparently approved by the state in error and have
been remanded to a flashing status by the state as traffic problems
are considerable when the light is on. He pointed out that the light
serves the school but also thousands of motorists.
Upon motion duly made and seconded, it was voted to accept the
recommendation of the Town Manager, and to inform the Minuteman
Regional High School that the Board supports the widening of Marrett
Road, to assess the impact of the alternate road on the accident
situation, and to work with state officials on any reasonable
alternative.
Wood St.
Traffic
Min.Man
School
Intersec-
tion
Gasoline
Hearing
Abatements
Water
Fair
Housing
Committee
Appts.
Sanitary
Landf ill
Regs.
Sewer
Assessment
Formula
Selectmen's Meeting - 4 - September 10, 1979
Chairman Miley read an application from the Mobil Oil Co. for increased
gasoline storage of 4,000 gallons at 269-277 Bedford Street, and the Board
voted to set the hearing date for September 24, 1979.
Upon motion duly made and seconded, it was voted to approve the
request of the Acting Director of Public Works for abatement of water
bills in the amount of $424.35.
The Board discussed nominees for appointment to the Fair Housing'
Committee and agreed to appoint six members.
Upon motion duly made and seconded, it was voted to appoint the
following members of the Fair Housing Committee: Robert Pressman,
22 Locust Avenue; Natalie Miller, 18 Liberty Avenue; Albert Zabin
(Planning Board Member), 1 Page Road; William Sullivan (Housing Authority
Member), 6 Ross Road; Leona Martin, 468 Lowell Street; Jonathan Doran,
153 Grant Street.
Mr. Hutchinson recommended an amendment of the sanitary landfill
regulations by approval of closing the landfill on Sundays. This would
be consistent with the proposal at Town Meeting for a reduction of hours
at the landfill. The Board agreed, with the understanding that the Town
Manager maintain a record of pertinent data; also, to investigate the
possibility of the landfill being open on Veterans' Day, November 12,
to accommodate the citizens for fall clean-up. Mr. Hutchinson agreed
to report back within sixty days.
Upon motion duly made and seconded, it was voted to amend the
Sanitary Landfill Regulations by closing the landfill on Sundays.
Mr. Hutchinson discussed the formula used in calculating sewer better-
ment assessments, and recommended that the property owner be assessed based
upon the average of the last three years' construction costs rather than
the last five years' costs. This makes it more current, especially during
an inflationary period and what is going on in the marketplace. Ideally,
the Town would wind up picking up 50 percent of the costs with the home-
owners bearing the other 50 percent; it does not always wind up that way,
and the Town ends up bearing the heavy costs. The homeowners are still
in very good shape under these proposals, depending on the type of con-
struction involved. An assessment is a matter of benefit to the property
and, as a practical matter, the remaining_5 percent to be sewered are the
most difficult to serve because of ledge, etc. The change would allow for
this modest increase of about 15 percent and we hope you will favorably
consider using the three years rather than five years. Mr. Peter Chalpin,
Acting Town Engineer, briefed the Board on the current system and recom-
mended a change in the formula. In response to a question posed by Mr.
Kent, Mr. Chalpin said that sewer construction costs could drop in the
next fiscal year because contractors will be anxious for the work and
could submit lower bids.
Mrs. Battin and Mr. Crain were in favor of the Manager's recommenda-
tion; Mr. Busa and Mr. Kent were opposed; Mrs. Miley voted in favor.
Upon motion duly made and seconded, it was voted 3-2, Mr. Busa and
Mr. Kent in the negative, to change the sewer betterment formula; specific-
ally within that formula, to change the method of arriving at the average
construction cost by using the previous three years' construction costs
for the purpose of calculating the betterment rate. Up to the present time,
the average of the previous five years' construction costs were used as a base.
1
1
3/
Selectmen's Meeting - 5 - September 10, 1979
Mr. Hutchinson asked for direction on the designation of a Precinct 3 Prec. 3
polling place, The Board agreed to arrange a meeting with TMMA members Polling P1.
and residents of precinct 3 for their input on the possibility of.chang-
ing from the Bridge School to Clarke Junior High School.
Mr. Hutchinson discussed the letter from the State D.P.W. concerning Traffic
the Right Turn on. Red Lights, which will go into effect on January 1, 1980. Light
Based on the warrants set forth, none of our signalized intersections will Signs
permit the Right Turn on Red provision to be used in Lexington. Mr.
Hutchinson recommended an amendment to the Traffic Rules and Orders, with
a request to the State D.P.W. for the necessary signs to prohibit the turns.
Upon motion duly made and seconded, it was voted that the Traffic Rules .
and Orders of Lexington, adopted by the Board of Selectmen November 13, 1967,
are hereby amended as follows: By deleting Sub -section (d) of Section 9,
Article VII, which refers to obedience to traffic control signals, and in-
serting in its place the following:
d) (1) RED - Traffic facing a steady CIRCULAR RED signal alone shall stop at
a clearly marked stop line, or if none before entering the crosswalk
on the near side of the intersection or if none before entering the
intersection and shall remain standing until an indication to proceed
is -shown except as allowed by Chapter 89, Section 8 of the General Laws.
(2) No driver of a vehicle facing a CIRCULAR RED signal indication shall
make aright turn where official traffic signs are installed and main-
tained prohibiting such turn at the following intersections:
East Street, Eastbound -Westbound at intersection with Lowell Street.
Lowell Street, Nortlbound-Southbound at intersection with East Street
Worthen Road, Northeastbound at intersection with Bedford Street.
Camelia Place, Southeastbound at intersection with Bedford Street.
Bedford Street, Northwestbound-Southeastbound at Worthen Road.
Waltham Street, Northbound -Southbound at Concord Avenue.
Concord Avenue, Eastbound -Westbound at Waltham Street.
Mass. Avenue, Eastbound -Westbound at Worthen Road.
Worthen Road, Northbound -Southbound at Massachusetts Avenue.
Worthen Road, Northwestbound-Southeastbound at Waltham Street.
Waltham Street, Northeastbound-Southwestbound at Worthen Road.
Waltham Street, Northeastbound at Massachusetts Avenue.
Massachusetts Avenue, Northwestbound-Southeastbound at Waltham Street.
Locust Avenue, Northeastbound at Massachusetts Avenue.
Massachusetts Avenue, Southeastbound at Locust Avenue.
The Board approved the following recommendations of the Town Manager:
Upon motion duly made and seconded, it was voted to sign Contract Contract
78-6-E, awarded on August 20, 1979 to J. J. O'Brien & Sons, Inc., Waltham 78-6-E
for Street, Drain and Sidewalk Construction on Banks Avenue, Cushing St.,
Tucker Avenue, and Wood Street, in the amount of $157,367.00.
Selectmen's Meeting - 6 - September 10, 1979
Contract Upon motion duly made and seconded, it was voted to sign Contract
80-3-E 80-3-E, awarded on August 20, 1979 to Sarao Bros. Inc. in the amount
of $98,290.00 for resurfacing Massachusetts Avenue from Pelham Road
to Woburn Street; Hartwell Avenue from Bedford Street to the Railroad
tracks; Forest Street; Middle Street.
Block Upon motion duly made and seconded, it was voted to approve block
Parties parties being held on Dewey Road on September 15 from 4:00-8:00 p.m.
with a rain date of September 16; Longfellow Road at Hawthorne Street
on September 14 at 6:00 0.m. with a rain date of September 15.
Bond Upon motion duly made and seconded, it was voted to approve the
bond for Constable John J. Shine, Jr. in the amount of $5,000.
Appts. Upon motion duly made and seconded, it was voted to appoint the
Insurance following members of the Insurance Committee: Paul W. Marshall,
Committee 6 Chandler Road; John H. Dyer, 24 Oakland Street; Daniel Lucas,
3 Tower Road; Elaine M. Sullivan, 34 Baker Avenue.
Drainage Mr. Hutchinson and Mr. Chalpin, Acting Town Engineer, discussed a
Project - drainage problem on Laconia Street, and recommended the extension of an
Laconia St. existing drain approximately 100 feet to beyond the property line at
#92 Laconia Street and the construction of a manhole; estimated cost
is $3,000-3,100under available funds in Article 16 of 1977.
Upon motion duly made and seconded, it was voted to authorize the
Town Manager to proceed with the drainage project on Laconia Street.
Mini -buses Mr. Hutchinson recommended that the Board approve the rules and
Taxicab regulations for LEXPRESS, which would establish standards for the
Spaces in contractor's performance. Mrs. Banks reported that mini -bus passes
Depot Sq. went on sale this week, and the buses will start to run after the
opening ceremony on Saturday, September 15, at 10:00 a.m. Mr. Crain
asked about the taxicab parking spaces in Depot Square, which are not
always occupied by the taxicabs. Mr. Hutchinson is to have a recom-
mendation next week.
Vandalism
Mr. Hutchinson discussed vandalism to public property and informed
the Board that there has been considerable window damage to Parker and
Munroe Schools. He suggested that the Board encourage citizens to
work with us in reporting violators, and that parents should be re-
minded that they share financial responsibility for the action of
children who cause damage to our buildings. The Board agreed, and
Mr. Crain said we should watch the situation closely and be ready to
board those buildings.
New Members of the Board agreed to attend the ceremony on September 16,
Bandstand 1979 dedicating the new bandstand at Hastings Park.
1
1
1
Selectmen's Meeting
- 7 - September 10, 1979
Mr. Cohen requested .the Board to sign the order of taking for slope
easements on land abutting Wbod Street
Upon motion duly made and seconded, it was voted to sign the order
of taking for slope easements for the sidewalk to be constructed within
the location of Wood Street as shown on a plan entitled "Plan of Temporary
Construction Easements in Wood Street, Lexington, Mass. May 1, 1979,
Whitman & Howard, Inc., Engineers & Architects, Wellesley, Mass."
Members of the Board agreed to attend the hearing on cable tele- CATV
vision to be held on September 20, 1979 at 8:00 p.m. in Estabrook Hall, Hearing
to be chaired by Selectman Busa.
Easements -
Wood St.
A brief discussion was held on the composition of the Traffic Traf.Saf.
Safety Committee, and it was agreed to schedule a meeting in a few Committee
weeks with the committee to discuss the matter.
The Board approved advance payment of fees for Chairman Miley and
Mrs. Battin to attend the first annual meeting of the Massachusetts
Municipal Association to be held in Danvers on October 26 to 28, 1979;
$30.00 registration fee and $10.00 -lunch for Mrs. Miley; $30.00 regis-
tration fee for Mrs. Battin.
MMA Meeting
The Board discussed an invitation from the State Ethics Commission Ethics
for the Board's comments on proposals for financial disclosure by
municipal officials. Mr. Kent said he would be willing to draft a
statement and submit it to the Board for discussion at the next meeting.
Mr. Busa said that some months ago he was assigned to study methods Center
of relieving traffic congestion in the Center. He had received a call Traffic
today that Representative Shannon is going to look into the possibility
of the postal employees using the parking lot behind the Post Office,
and to investigate the feasibility of the Postal, Department leasing and
surfacing the piece of land behind the Boston Edison Building. Rep.
Shannon will also look into a 1976 or 1977 proposal by the Post Office
for one distribution center for Waltham, Belmont and Lexington, to be
located on Lexington Street and Waltham Street near Route 2. This
required rezoning, which was not approved. Perhaps this project could
be regenerated as this would relieve traffic congestion in the Center.
Rep. Shannon will have more details for us after he has talked with
the Postal Department.
Mr. Hutchinson reported to the Board on the tax rate, the upcoming Manager's
1981 budget, and the demographics of the town. The 1978 tax rate was Report
$88.40, 1979-$90.20, and the Assessors have filed a rate of $87.60
for the approval of the Office of Revenue. We have $1,576,000 in
free cash for next year's budget. By the end of September or the
middle of October, he hoped to have data on refined numbers for the
Board. The tax base looks relatively stable for the next couple of
years, and looking at the character of our population, we are reflect-
ive of the national trend. We have the issue of social concerns from
Selectmen's Meeting
- 8 - September 10, 1979
the human services studies, and our ability to pay for them; we are still
working on housing and affirmative action. We have the closing of the
landfill and the solid waste solution, the whole issue of tax reform, and
the financial matter of unfunded pensions.
The Board agreed to schedule a joint meeting next week with the
Appropriation Committee, Board of Assessors, Capital Expenditures Com-
mittee, and the School Committee to review where we are and where we
are going. It was also agreed that each Board member is to submit
four or five of the Town's most pressing needs and problems.
Executive Upon motion duly made and seconded, it was voted 5-0 by roll call
Session vote - Mrs. Miley, Mr. Busa, Mrs. Battin, Mr. Kent and Mr. Crain - to
go into executive session, with no intention of resuming the open meet-
ing, to discuss strategy with respect to matters 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
10:05 p.m.
A true record, Attest:
44„,/,
xecutive Clerk, Selectmen
1
SELECTMEN'S MEETING
SEPTEMBER 17, 1979
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, September 17, 1979,
at 7:30 p.m. Chairman Miley, Mr. Busa, Mrs. Battin, 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.
The Board voted to approve the following agenda items:
One -Day liquor license for W. R. Grace Recreation Association on
September 20, 1979.
Liquor
Pilgrim Congregational Church annual bake sale on the Visitors' Bake Sale
Center lawn on Friday, September 28, 10:00 a.m. to 2:00 p.m.
37 Grove Street as mail drop for Certificate of Incorporation for Cert. of
the Lexington Child Care Cooperative, Inc. Incorp.
Lexington Minute Men to use the Battle Green for installation Battle
ceremony and cannon salute on Sunday, October 21, at 2:00 p.m. Green
Three Additional taxicab licenses for the Arlex Taxi Corporation Taxicab
d.b.a. Lexington Cab Company, making a total of twelve taxicabs now Licenses
servicing Lexington. Licenses expire May 1, 1980.
The Board noted the contents of a memorandum from the Town Clerk 1980
regarding the Town Election to be held on Monday, March 3, 1980, and Elections
the Presidential Primary on Tuesday, March 4, 1980.,
The Board discussed -the procedure for appointments to the Human Human
Services Committee and Mrs. Banks agreed to submit a list of candi- Services
dates and their resumes to the Board. .Interviews will be conducted Committee
at a special meeting of the Board on Tuesday, September 24, and at
future scheduled meetings.
The report of the Burglar Alarm Committee was accepted and the Burglar
committee isto be invited to meet with the Board in a few weeks to Alarm
discuss the report. Report
In response to an invitation from the State Ethics Commission to Financial
comment on proposals for financial disclosure by.minicipal officials, Disclosure
the Board voted to adopt the following statement to be submitted to Municipal
the Commission: Officials
Traffic
Saf.Com.
Manager's
Report -
Tax Rate -
Revalue -
tion
Selectmen's Meeting - 2 - September 17, 1979
"Disclosure represents but one aspect of the ethics involved in
municipal employment and office holding. Disclosure should be addressed as
part of the broader problem, along with regulation of potential conflicts of
interest.
We do not believe that Chapter 268B of the General Laws mandating dis-
closure by state and county officials should be made applicable at the
local level. We recommend that communities be required to adopt their own
codes of ethics subject to approval of the State Ethics Commission on the
basis of minimum standards legislatively prescribed. These standards might
well include disclosure of the following by elected officials, executive or
administrative heads, and their spouses:
1. The individual's business or profession and employer, if any.
2. Identification of all parcels of land within the community in
which the individual has a legal or beneficial interest.
3. Identification of any business operating within the community
in which the individual has'an interest, and positions held by
the individual in such business. Disclosure of ownership of
stock in corporations listed on the New York, American, or Boston
stock exchanges need not be required even though the company may
be said to be doing business.in the community, unless the in-
dividual holds some position with such company.
We do not believe that unpaid or nominally paid officials should be re-
quired to report amounts of income, even by category, nor the value bf interests
required to be disclosed. We strongly believe that requirement of disclosure
of amount of income and value of assets will seriously deter participation in
local government."
Chairman Miley read a letter from the Board of Appeals stating that a
special permit had been granted to Gerard Farms Deli -Kitchen, 53 Bedford
Street, with the condition that signs acceptable to the Traffic Safety Com-
mittee be installed.
Upon motion duly -made and seconded, it was voted to request a recom-
mendation of the Traffic Safety Committee on the installation of appropriate
Enter -Exit signs, at least 3 feet in height, in the parking area at 53 Bedford
Street.
Members of the Appropriation Committee, Board of Assessors, Capital
Expenditures Committee, and the School Committee met with the Board.
Mr. Hutchinson said that the tax rate of $87.60 has been filed with
the Office of Revenue for certification. He gave credit to the boards, :..
committees and town departments for the favorable situation we now enjoy
but pointed out that the real issue is one of long-range implications.
The tax rate is a reflection of the considerable efforts by the school
committee within the last few years, and we are reaping some dividends
because of the fortitude to shut down schools and the sustained impact
of not having so many positions on the payroll; also, cost-cutting de-
vices within municipal government. The Board -of Assessors could comment
on some economic growth. The immediate profile of the town is very good.
1
Selectmen's Meeting
- 3 - September 17, 1979
We have had certified $1,576,000 in free cash that is available to town
meeting for consideration of its appropriate disposition, and it appears
that this will grow; we can expect to be in a reasonably favorable posi-
tion by the time town meeting comes about. Looking at the area of free
cash, we recommend that it continue to be built upon or by utilizing some
of it for tax stabilization. As we look at the tax rate, there are cer-
tain things that show some consistencies and others that are inconsistent.
For example, the problem with the cherry sheet. Last year, we received
County charges of $598,000; we paid $522,000. This year, we have re-
ceived County charges in excess of $700,000; depending on the numbers
used, it could be a 16 percent increase or a 40 percent increase. As
we look at the cherry sheet charges - we can talk about aid to the town
as well - it is difficult for us to manage; at a subsequent meeting
with our legislators, we can talk about. this. Last year, the MBTA
charges were $537,000; this year, they are supposed to be $485,000
or approximately $50,000 less. Mr. Hutchinson asked Mr. Grush, Chairman
of the Board of Assessors, to comment on revaluation and on classifica-
tion, which, would have a significant impact on the community unless
the statutes change.
Mr. Grush introduced Mr. Robert Patten, President of Patten Appraisal
Associates, Inc. of Portland, Maine. Anagreement.has been signed with
this firm to update an estimate of current market value of all taxable
properties in the community and also provide the necessary computer in-
gredients to maintain. assessments more readily at current levels in the
future. Mr. Grush said that in order to assess residential, industrial
and commercial properties according to their classifications, we have to
start with market value estimates of all property classes.
In response to Mr. Busa's question, Mr. Patten said that field work
will begin in October of this year and by contract agreement would end
in May of 1981; new valuations would be used as a base for 1982 assess-
ments. The first step, which` they are now doing, is to work with the
Assessors to design a property record card; when the card is designed and
printed, with the ownership record on the card, they then begin the field
work. At that time, appropriate news releases will be given with respect
to what the program is about and where they plan to begin. As we go from
door-to-door, we will hand out an informational flier. Also, we will have
on file with the Police Department and the Assessors' Office the names of
our people, the make, model and license number of cars, so that citizens'
calls can be referred to the Assessors or Police Department. If you have
any complaints about our work, there will be a field complaint form, which
we would like to have documented as much as possible. If unable to gain
access, we will make every effort 'to go back. During daylight saving, we
will work four days -a week, ten hours a day; then go to a five day week.
Field work will begin with appraisals of random properties that were re-
cently sold, and this will establish a basis of value comparison for
Lexington. Personal property valuation is to be done early in 1981; this
would include furniture, fixtures, inventory, machinery and equipment in
the professional establishments of the town, the non -corporate manufacturing
companies, if any. Corporations are exempt in many areas from local taxation.
Mass.
Municipal
Assoc.
L.G.A.C.
Certifica-
tion
Gov.'s
Commission
Selectmen's Meeting
- 4 - September 17, 1979
Mr. Patten pointed out that under classification the houses of the lower
100 percent valuation are going to enjoy a much bigger tax benefit than
those in the $80-90-100,000 category; if there is any change in the town,
it will be in the residential property, particularly those in the lower
value. Mr. Kent added, with the lower value properties gaining some
benefit which, in turn, is going to have to be borne by the higher value
property. Mr. Hutchinson said that it is the type of legislation we
should watch over the next year.
Mr. Hutchinson said he is reviewing the proposed FY 81 budget and
there are some constraints on the town; we have one major labor settle-
ment, which is :in the process of negotiation, and another union contract
expires in 1980. It is extremely important as you look at budgets to
see who is going to be impacted not only by revaluation but under the
budgets we pass. Mr. Crain mentioned the demographics of the town and
the shift in age groups, especially those in the older group, which
would have some very significant implications for the town and services.
Mr. Donald White, Chairman of the Appropriation Committee, said
they were very pleased to see the Selectmen addressing a source of con-
cern for all on the long-range planning, and in the,ax'ea:of.human
services they are anxious to see some of the recommendations to make
sure there is minimal duplication. He suggested. the funds be broken
down within a single human services budget as it would make it easier
to deal with in addressing that problem. It was explained that the
Board is in the process of establishing a Human Services Committee,
which would critically analyze requests for human services funding and
advise the Selectmen; decisions_iwill be based on the committee's analyses.
Mr. Nyles Barnert, Chairman of the Capital Expenditures Committee, urged
the use of E & D as a means of giving stability in the face of unexpected
charges.
Chairman Miley thanked the Boards and Committees for coming to this
joint meeting, and said she has taken every opportunity of telling people
how well Lexington and its Boards have been managing and how well,.we have
done with the eery; At means •a.compliment for.everyene who has work hard
over the past year to keep us there, and we are doing a lot better than
other communities and very much better than a lot of other levels of
government. Members of the boards and committees retired from the meeting.
Mrs. Battin gave a report on the Massachusetts Municipal Associations
and the Local Governor's Advisory Committee. In terms of the tax bill
delay, the 18 towns that were certified were told they had to go to
classification right away. Because of the enormous delay before they
could send out their bills and the,astronomical.costs, they asked that
we file special legislation giving them the option of delaying a year.
So the Municipal Association is filing such legislation for delaying a
year.
Mrs. Battin said there is a Governor's Commission to simplify rules
and regulations, and it calls for it to make inquiry and recommendations
regarding regulation.to procedures that are justifiably delayed or other-
wise increase the cost to providing needed residential,'commercial and
industrial facilities to the citizens of the Commonwealth. The Commission
1
1
1
Selectmen's Meeting
- 5 - September 17, 1979
is supposed to be reviewing local permitting and regulatory processes to.
see what holds up construction for various things, with an idea of either
filing legislation or at least informing local communities of those things
causing hindrances. We were concerned that the Governor did not choose to
appoint anylocal officials; however, we did receive a report from the
Commission Chairman that -allayed some of our concerns.. On the state level,
they are putting together a permit. directory about the permitting require-
ments of the federal government, which would help someone who wants to
know where he must go and what he must do. They are just starting phase 2
for local permitting and the regulatory process; they are going to pinpoint
problems and refer them to localities to make their own remedies. Much
of the local regulation seems to be okay but it is the layering - the
public notice and hearing after hearing process - and they are consider-
ing filing legislation which would mean one comprehensive hearing. We
pointed out that it is not as easy to schedule hearings when boards can
meet as members are volunteers. Because they were not aware of our processes,
they would like help and asked for an advisory task force from the mupicipal
associations and LGAC. So,. while we do not have representation of this com-
mission, -at least they have asked for our help with an advisory committee
and perhaps you might make recommendations or would want to serve on the
advisory committee.
Mrs. Battin discussed the delay in -printing of tax bills and what it
would cost the Town. Mr: Zehner had prepared a summary sheet on the con-
sequences and she had reported at the LGAC meeting that it would cost us
$50,000 for the delay.
Mr. Hutchinson informed the Board that the Housing Authority has re- Housing
quested the execution of, the annual contributions contract, which must also Authority
be approved by the Department of Community Affairs.
Upon motion duly made and seconded, it was voted to authorize. Chairman
Miley to sign the Housing Authority's Annual Contributions Contract.
Mr. Hutchinson recommended an. appointment to the Insurance Committee. Appt.
Upon motion duly -made and seconded, it was voted to appoint Mr. Insurance
John Mackey, 11 Middleby Road, a member of the Insurance Committee. Committee
Mr. Hutchinson agreed to continue negotiations on leasing the
Munroe School.
The Board voted -an approve the request of the Trinity Covenant Church Permit
to conduct a walk for world relief on Sunday, September 30, 1979, 4:00 p.m.
Mr. Hutchinson recommended the Board approve the suggested schedule Cemetery
of fee changes for the cemetery. Fees
Upon motion duly made and seconded, it was voted to approve the
list of fee charges for the cemetery, as recommended by the Town Manager.
Selectmen's Meeting
- 6 - September 17, 1979
Traffic - Mr. Hutchinson recommended the Board's approval of the revision
High of the parking regulations and traffic patterns at the Senior High
School School.
Parking Upon motion duly made and seconded, it was voted to approve the
revision of the parking regulations and traffic patterns at the Senior
High School, to be enforced by the Lexington Police Department.
Goals Each member of the Board had submitted four or five goals, and
it was agreed to discussion at a meeting two weeks hence. Mr.
Hutchinson is to develop a matrix for the Board.
SSCC - Chairman Miley informed the Board that the School Sites Conversion
Munroe Committee met at 4:30 p.m. today and voted to recommend to the Selectmen
School that Munroe School be made available for a human services center. Mr.
Busa commented that this would involve very expensive renovations and
someone should come up with the costs. -Mrs. Miley said that the SSCC
will be on a future agenda to ask the Board of Selectmen to make a de-
cision. At that time, additional information will be submitted to the
Board.
Upon motion duly made and seconded, it was voted 5-0 by roll call
vote - Mrs. Miley, Mr. Busa, Mrs. Battin, Mr. Kent and Mr. Crain - to
go into executive session for the purpose of discussing land matters.
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:
1
Executive Clerk, Selectmen
SELECTMEN'S MEETING
SEPTEMBER 24, 1979
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, September 24, 1979, at
7:30 p.m. Chairman Miley; Mr. Busa, Mrs. Battin, and Mr. Kent;
Mr. Hutchinson, Town Manager; Mrs. Banks, Assistant to the Town Manager;
Mrs. McCurdy, Executive Clerk, were present.
Chairman Miley opened the hearing on the application of the Mobil
Oil Company for increased underground gasoline storage of 4,000 gallons,
from 20,000 to 24,000 gallons, on the premises at 269-277 Bedford Street.
The hearing had been advertised in the September 13, 1979 issue of the
Lexington Minute -man and notices had been sent by the petitioner to the
abutters.by registered mail. Fire Chief Bergeron had inspected the
premises and approved the location of the tanks. Mr. Dominic Taverna,
Mobil 0i1 representative, was present and informed the Board that a
5,000 gallon tank would be removed and replaced with a 10,000 gallon
tank; we would have more gasoline on hand and it would facilitate truck
traffic. No one appearing in favor or in opposition, Chairman Miley
deelared the hearing closed.
Upon motion duly made and seconded, it was voted to grant permission
and to sign the license to the Mobil Oil Company for increased underground
storage of gasoline from 20,000 gallons to 24,000 gallons, to be stored in
6,000, 8,000, and 10,000 gallon tanks.
Gasoline
Hearing -
Mobil Oil
Bedford St.
Residents of Reed Street, representatives of the Planning Board, Youth Reed St.
Commission, and Mystic Valley Mental Health Center met with the Board to __Residents
discuss human service facilities in the neighborhood. Mr. Robert French, Emergency
spokesman for the residents, said they have a number of independent programs Shelters
in the neighborhood and now MVMH is entering into one more program. We met
with MVMH last week and thanks to their cooperation their board passed a
resolution: 1 "Recognizing -the high. relative ::concentration of public funded
programs in the 8th precinct, the board hereby resolves to make every effort
that the securing of an ultimate suitable location to the emergency shelter
program currently housed at 75 Reed Street, and further to place a moratorium
on the location of future program elements in the 8th precinct until such
time as the other neighborhoods -of Lexington have had an approximately com-
parable concentration of public funded programs." Mr. French said that
they believe the opportunity exists now to head off such entanglements
by providing the means to ensure that programs entering any neighborhood
are properly coordinated with others already existing and those planned.
We now have the evidence to show that independently funded aid programs
are not required to coordinate with any other program being funded by the
same funding source. There were seven different cases in the court which
were being used to establish an umbrella of public education under which
those programs can enter a neighborhood under the zoning category and can
open without Planning Board or Board of Appeals public hearings. Also,
Selectmen's Meeting
- 2 - September 24, 1979
the Housing Authority did not consider other programs in the area when they
spaced out the scattered sites program. We believe this privilege has been
abused in our neighborhood and we feel it is a Town issue. We feel a per-
mit granting authority is required on the subject of coordination if not
on the subject of zoning, (1) To serve advance notice of programs planning
to enter the Town and to provide the Town time for coordination; (2) To
ensure that plans set forthfor any program are properly carried out;
(3) To ensure that a reasonable balance of distribution of those programs
throughout the Town is being sought without regard for other factors, such
as immediate property available; (4) To see that proper disposition of
property is assured following termination of a program. We also feel that
a coordinating and approving authority is required to review private informa
tion and seek public opinion for the purpose of coordinating site locations
for aid programs and to carry out any action aimed at achieving a balance
of distribution of those programs throughout Lexington. We are prepared
to assist in the formation of such authority and in the development of
proper operating procedures. Regarding the 4VMH:petition_to the Board of
Appeals for an addition of space to the MVMH administration building on
Bedford Street, we would have to speak as individuals. I would hope that
since the Town is already moving on the human services' problem and as
the disposition of the Munroe School is not yet established,. there has been
a strong leaning toward locating a number of human services there; I would
hope that opportunities to locate in such space have been properly explored.
Mr. Busa said that MVMH had been asked at budget time to let the Board know
what the level of expansion would be, and they had not. He had a problem
with MVMH expanding under the Haverhill case; applying under our by-laws, .
they have to specifically state what they are coming in for but under 25-2-1
neither the Board of Appeals nor Planning Board approval is needed for them
to go out and operate. Mrs. Battin said that the Municipal Associations have
just filed legislation to keep local government informed and to aid, not stop,
the programs to succeed. (1) A bill to establish a special permit procedure
whereby local governments could regulate community-based residential facilities.
(2) Local review of human services; this bill essentially would provide manda-
tory information of all new -human services programs or substantial changes in
the present programs to local officials and allow them input before such
programs are instituted or changed; this would not provide a veto to local
officials. Mr. Jackson of Reed Street said that they should start with a
permitting process and deal directly with the issues. Chairman Miley re-
sponded that even if we catipuct together some sort of a program, we still
operate as a Town under the state statute. Mr. French said the residents
had come to the meeting tonight to offer what they thought is something
to be examined as a possible solution; that this board should charge some-
body with the responsibility of finding what the scope of the problem is.
It needs to be defined and we came to offer our. services .acrid :to' examine what the
problem is, and come up with a workable solution. Chairman Miley.aaked iir...French
fo.r.'.a_capy c f_the proposal :to'b.e:distribuaed .to boards -and .committees throughout
the.town; Wewould work ;with:.you .to come- up.-aiith same'sort:...of.a possible um-
brella whereby we could deal with this. Mr. Kent said he was comfortable with
Mr. French's last remarks and what he is asking us to do. It is very clear
at the moment that we do not know precisely what our powers are and are not.
1
1
1
Selectmen's Meeting 3 - September 24, 1979
It is very apparent we now need to ascertain what they are and what our
options are in this direction as well as with respect to others. One
thing he was not interested in doing`is asking Town Meeting to enact
permit granting procedures which we have good advice of counsel are be-
yond the scope of this body under state law. He was interested in what
Mrs-. Battin had suggested in terms of our powers may be greater in the
near future,,particularly if we'work to make them greater,than they are
at the present time. Following up ofthat iegisaation.is important.
It doesn't remotely exhaust our possibilities of acting in a coordinat-
ing capacity here; we have..a;,lot o.f l.everage, if we exercise it, from the
standpoint of persuading people to go through the kind of process that has
now been gone through after the fact to the success of your (residents)
working out the particular problem with Mystic Valley. (He understood
that this is an example and not the problem..) The.Board is establishing
a Human Services Committee and in the human services' statement, one of
the clearly perceived needs that the Board recognizes in the whole area
is the subject of coordination of separate and distinct activities running
around the community. We do have a coordination problem with this and,
at the very least, as soon as this committee is in place, that we ask
them to take this problem up as. an initial order of business. We can do
a lot of coordinating without a lot of permit withholding authority. You
are asking us to do that and Chairman -,:Miley has made it clear that we are
willing to accept that challengeif you have concrete proposals that are
already written out. Coordination includes that. Mr. Kent hoped they
were not asking the Board to set up .a mechanism whereby the lowest of any
particular proposals are debated and decided solely in terms of balance;
this should not be done as balance suddenly is going to become everything.
If they are asking the Board to address it, the Board could.i.accept::that.
Mrs. Shuney, Chairman of Housing Authority, said that balance is im-
portant but, realistically, we are talking about subsidized housing; part
of._ltheqlackage is."that in order to get funding for other programs, we have to
do work in other areas. MAPC has come up with specific suggestions on
what the.Housing Authority ought to do. Pressure has been brought to bear
in order to receive federal funding for Conservation, etc. Mrs. Battin
agreed and said that balance is something we have to consider but there
are so many other things to consider; we can't say to cut out federal
funds and all the programs. Regarding coordination, we have scheduled
a breakfast meeting with the Chairmen of Boards and Committees and we
could ask for their input to develop mechanisms. Mr. Zabin, Planning Board
member, said that both the Planning Board and the Housing Authority are
aware of the problem and we don't minimize it; we know it will go on
in the community.
Chairman Miley thanked the residents for coming and assured them the
Board will work with the neighborhood, and the Human Services Committee
will work out something so there will be a combination of the needs and
requirements of the. townspeople in all respects. Mr. French agreed to de-
liver the proposal to the Manager's office for distribution to boards and
committees. The residents retired from the meeting.
Hanscom
Advisory
Committee/
Massport
Selectmen's Meeting - 4 - September 24, 1979
Mr. Fred Bailey, Mrs. Jere Frick, and Mr. Manfred Friedman met with
the Board to discuss the status of Massport/Hanscom Field. Chairman Miley
read a report from Mrs. Jacqueline Smith, Lexington's representative on
the Hanscom Field Advisory Committee, stating that the lack of communica-
tion between Massport/HFAC has been a major problem during the past year,
and this has resulted in new services, new development and airfield im-
provements at Hanscom being initiated without input from the communities
being sought by the Massport Board. In the case of the helicopter service
and hangar construction, the MAPC A-95 review process was the first notifica-
tion the abutting towns had that such changes were proposed. This is dis-
turbing since the MPA Board's stated policy in the 1978 master plan is
that the Authority will work with the Advisory Committee to review facility
needs, noise abatement procedures, service changes and land use planning.
The rapport built during the master planning process has been lost during
changes in MPA personnel, and the HFAC has not been aggressive in its re-
lations with MPA. Both bodies are now aware of the problems brought about
by this communication loss and are taking steps to correct it. The situa-
tion at present is as follows: (1) On'October 9, HFAC will meet to work
out a system of communication between HFAC and MPA which will provide
adequate information to :the communities so that town responses can reach
MPA Board before decisions relative to Hanscom are made; (2) MPA has prepared
a draft of a proposed communication process which would notify town MAPC
representatives, HFAC members, Conservation and Planning Board members of
any proposals for which environmental review were being sought; (3) in
August, the Lincoln Planning Board, concerned about the question of
whether MPA authority supersedes local zoning and permitting authority,
circulated a letter asking for responses from the other towns on these
changes and questioning whether the towns should seek joint legal counsel
on these issues. The Concord Selectmen voiced concern but expressed a
wish to work out a solution with MPA. The Lexington Planning Board re-
sponded, listing current proposals which cause them concern because there
is no overall plan against which impacts can be evaluated. They also asked
the Selectmen and Town Counsel to work with the other towns on the zoning
and permitting issue. At the last HFAC meeting, the MPA Planning Director
stated that their counsel was looking into the jurisdictional question and
will report; currently, the issue relates to Lincoln and Bedford. The
situation should be monitored for now in case there is need at a future
date for joint town action; (4) Other towns in Massachusetts, except those run
by MPA, have airport commissions, but under MPA's enabling legislation, one
could not be formed around Hanscom. However, an advisory body could be
formed. Last year, Senator Amick's bill,- making HFAC a permanent body charged
with giving community viewpoints on proposed actions at Hanscom - was defeated.
It is recommended that we pursue this legislation again and to solicit the
views of Concord, Lincoln and Bedford as well as our representatives in the
legislature on this matter.
Mr. Bailey, Lexington's alternate representative to HFAC, said the re-
port is an excellent summary of the status of the situation. The meeting
on October 9 was designed to make sure there is effective and consistent
communication between HFAC and Massport. Mrs. Frick, Lexington's MAPC
representative, said no one had heard about trees being cut down and the
expansion of four hangars. It seemed there was a need for action. Mr.
Friedman, Lexington Planning Board Chairman, said that Massport does not
understand the time involved with communications with the town; the
1
Selectmen's Meeting
- 5 - September 24, 1979
Planning Board was notified. two days before the Massport meeting, and we
need two months. The effort is to get some status for the HFAC and
Massport is reluctant to recognize it, and that is the purpose for sub-
mitting legislation. Mr. Kent recommended that the Board pursue the
matter.
Upon motion duly made and seconded, the Board voted in favor of Vote -
pursuing the matter of legislation being re -filed to make the Hanscom HFAC
Field Adviaory Committee a permanent official body.
Mr. Kent said that he would -talk with our Senator and Representa-
tive tomorrow morning.
The Board agreed with Mrs. Battin's suggestion that Mrs. Smith
and Town Counsel talk with the Town of Lincoln to see what is in-
volved in the zoning and permitting issue.
Chairman Miley thanked them for meeting with the Board and Mr.
Bailey, Mrs. Frick and Mr. Friedman retired from the meeting.
Mr. Rosenberg, Chairman, and members of the Transportation Ad-
visory Committee, and Mr. Sacco, President of the Chamber of Commerce
met with the Board to discuss the present location of the Lexpress
mini -bus terminal in the Center. Mr. Rosenberg said the service
started September 15 and the ridership is much higher than expected.
He asked for approval of a change in the route which comes out at
North Hancock Street onto Bedford Street, which is a dangerous in-
tersection.
Upon motion duly made and seconded, it was voted to approve the
change in the North Lexington mini -bus route, which would now travel
down Bertwell Road to Fuller Road to Gleason Road to Simonds Road.
Mr. Rosenberg said the committee is considering, (1) Raising
the fare to 50 cents for the mini -bus to the Burlington Mall, with
an extra bus; (2) Complaints from the Old Colony Bank and the Ski
Shop. Resolution of the problem of the volume of people congregating
at the bank and the Ski Shop,accumulation of litter on sidewalks.
Possibility of policeman giving assistance; (3) Reversing the traffic
pattern and buses using taxi stands.
Mr. Sacco informed the Board that the merchants in the town were
not in favor of increasing traffic to the Burlington Mall, and he
would like to know the number of people using the bus.
During the discussion, Mr. Hutchinson said that we are not geared
to have a uniformed person enforcing at the terminal as it would in-
volve a considerable amount of money. We will provide some assistance
from the police officer on duty but the next step would be to have
someone there and pay him overtime.
The Board agreed that the present location of the mini -bus terminal
is to remain at the Bank and the Ski Shop pending further experience.
In the meantime, Mr. Hutchinson is to work with the Transportation Com-
mittee on the safety factor of people waiting for the mini -buses, and
an alternative location of the terminal.
The Transportation Advisory Committee and Mr Sacco retired from
the meeting.
LEXPRESS
Selectmen's Meeting - 6 - September 24, 1979
Munroe Reverend Meppelink met with the Board to discuss leasing space in
School the Munroe School. Mr. Hutchinson said that Rev. Meppelink has offered.
Lease in behalf of the Assemblies of God Church, to lease the top floor for
one year at $2,000, plus utility costs. The maintenance of the build-
ing is our responsibility, and we don't see that as a major problem.
In the past, we have plowed the lot and shoveled the sidewalks but he
would pursue that with Rev. Meppelink; also, access to the playground
can be worked out. Rev. Meppelink said the utility costs could be pro-
rated according to the number of rentals in the building. We would be
alleviating some of the severe costs by maintaining the interior of
the building in good order. Mr. Hutchinson said he is interested in
renting more space in the building and he asked to be authorized to
work with Rev. Meppelink in behalf of the Board. All responsibilities
will be spelled out in the lease.
Upon motion duly made and seconded, it was voted to authorize the
Town Manager to work out the details with Rev. Meppelink on a lease
for the top floor of the Munroe School.
Abatements- Mrs. Mary Shunney, Chairman of the Housing Authority, met with the
Scattered Board to request the abatement of betterment assessments on lots to be
Sites used by the Housing Authority for the Scattered Sites Project HUD MA
067-001.
Upon motion duly made and seconded, it was voted to approve the
Housing Authority's request for abatement of betterment assessments
on the following lots to be used by the Housing Authority for Scattered
Sites Project HUD MA 067-001:
Express
Commuter
Bus
Site No. Map/Lot No. Sewer Water Street
1 M 13 Lt. 145 $286.01 $ 90.00 $600.00
26 M.25 Lt. 161 192.21
21 M 59 Lt. 49A 171.90
10 M 72 Lt. 31 271.25 150.00
11 M 72 Lt. 36 386.60
12 M 72 Lt. 422 41.15 Bal. -
12 M 72 Lt. 423 87.50
12 M 72 Lt. 424 87.50
13 M 90 Lt. 80 624.10 - 44.90
16 M 79 Lt. 45 962.50
18 M 72 Lt. 3
(Lts. 35-38) 350.00
(Lts. 39-40) 368.18
Mr. Benjamin Goodwin, owner of the Vocell Bus Company, met with the
Board to discuss renewal of the Common Carrier license. Mr. Hutchinson
requested authorization to continue the agreement bor six months, with
another report to the Board on the status of the commuter bus before
the license expires. The Board discussed the unchanged condition of
the seats and broken springs, and Mrs. Hals commented on tires being flat.
1
1
Selectmen's Meeting - 7 - September 24, 1979
Mr. Goodman said there was only one bus that had broken springs and it is
difficult to fix them without an additional bus. He hall told the Board
there were four buses on order since the beginning of the year and de-
livery will not be until next year. We have bought used buses but it
takes four to six months to get them; we are working in the garage for
twelve hours a day. Tires on the rear are recaps and they have a dif-
ferent type of cut and sometimes -they look flat. Mr. Hutchinson said
we recognize that there are problems and that is the reason for the
recommendation of six months. This allows for the new bus and we are
not going to jeopardize the safety of our citizens.- In the interim,
we will continue a valuable service for the town but we need more data.
During discussion, it was pointed out that the buses had been monitored
for the timetable, and they are running on schedule. The Board agreed
that a questionnaire is to be developed for distribution among the
riders, and the Manager is to submit a report on the status of the
buses within a period of two to three months.
Upon motion duly made and seconded, it was voted to extend the Com-
mon Carrier license to the Vocell.Bus Company, Cambridge, for a period of
six months, expiring April 30, 1980, for express bus service between
Lexington and Boston between the hours of 6:00 and 9:00 a.m. and 4:00
and 6:30 p.m. along routes mutually agreed upon with the Town Manager's
Office.
Mr. Hutchinson informed the Board that the tax rate had been certi-
fied at $87.60.
Chairman Miley read a request from the Chairman of the Committee on
Washington Portraits requesting approval of a proclamation.
Upon mstion duly made and seconded, it was voted to issue a proclama-
tion, similar to the Governor's, declaring that the 100 days from
September 20 to December 28 be a time for enlisting financial support
to keep the portraits of George and Martha Washington in the Commonwealth.
Chairman Miley read a letter from the Executive Office of Communities
and Development stating that in addition to the planning technical assist-
ance program available to local governments, $45,000 in HUD 701 funds is
now available to be passed through to communities. Mr. Hutchinson recom-
mended not filing fora grant at this time but consideration will be given
to filing for a subsequent grant..in the.:area.of,the Planning Board. The
Board agreed with Mr. Hutchinson's recommendation.
The Board discussed attendance at the public hearing on municipal
disclosure to be held by the State Ethics Commission on September 28
and Mr. Kent offered to attend as the representative of the Board.
The Board tabled the matter of an appointment to the Community
Health Committee.
Tax Rate
Washington
Portraits
HUD
Grant
Ethics
Selectmen's Meeting - 8 - September 24, 1979
Housing Mr. Cohen recommended that the Board sign the deed conveying land
Auth. on North Street to the Lexington Housing Authority.
Deed Upon motion duly made and seconded, it was voted to approve Town
Counsel's recommendation to sign the deed for the following three par-
cels of land to be conveyed to the Lexington Housing Authority for the
sum of One Dollar ($1.00) subject to easements, restrictions and covenants
and agreements if any of record so far as now in force and applicable.
Executive Upon motion duly made and seconded, it was voted 4-0 by roll call
Session vote_ Mrs. Miley, Mr. Buss, Mrs. Battin, Mr. Kent - to go into Executive
Session, with no intention of resuming the open session, for the purpose
of discussing strategy with respect to litigation, land negotiations,
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 11:00 p.m.
A true record, Attest:
1
Executive Clerk, Selectmen
1
1
1
SELECTMEN'S MEETING
OCTOBER 12, 1979
Chairman Miley Balled the meting to seder at 7:40 a.m. Those present
included Mrs. Miley, Mrs. Margery Baattin, Mr. Robert Kent, Mr. Jim Crain, Mr.
Robert Hutchinson, Town Manager; Mrs. Nancy Banks, Assistant to the Town Man-
ager; Mr. Otis Brown, Chairman School Committee; Mr. Manfred Friedman, Chair-
man Planning Board; Mr. David Williams, Chairman Conservation Committee; Mr.
William Sen, Chairman Coancil on Aging; Mrs. Marcia e;reakes, Chairman Youth
Commission; Mr. DavidWells, Chairman Recreation Committee; Mrs. Ruth Morey,
Chairman Board of Appeals; and Dr. William Cosgrove, Chairman Board of Health.
Cahirman Miley briefly outlined the purpose of the meeting as a give and take.
This group she noted is not a decision making body.
Mr. Williams introdueed the first subject. The Conservation Commission
is concerned about the number of trees being lost due to dutch elm and old
age of Maples. The commission would like to see the amount budgeted for tree
replacement increased for one or three years to approximately $35,000 and Cons. Com
parkland set aside for an nursery. Mr. Crain suggested that we look at the Trees
public trusts and private funds for this purpose. It was noted that this
type of program would also have manpower requirements which needs to be
reviewed.
Mr. G. Freedman raised the issue of traffic studies in light of the re-
cent questions raised by the new tenants at Grey Nuns. After the Board of
Appeals review, a question was raised about limiting the use of Pelham Road. Planning
The Planning Board does not have the capability of doing traffic studies Bd. -
and feels it should have been done by the traffic safety committee. It Grey Mune
was agraed that responsibilities in this area should be clarified. A question
was raised about traffic safety in the Center. It was suggested that this
town better mark the crosswalks, increase posting, expend enforcement and
do some public information. The Manager was asked to pursue these sugges-
tions.
Mr. Welts updated the meeting on the pool construction noting that
they expect to hove water in them by Thanksgiving; and that,there have been
no cost overruns as of this time.
Rec./Pool
Mr. Kent told the meeting that the Library was beginning its FY 81
budget preparation and they are very concerned about fuel costs. He sug-
gested that instead of each department developing their own fuel cost Library -
projections, a single Town projection be set,for all departments. The Energy
Manager was asked to look at this. Mr. Hutchinson said that he has started Costs
the budget process among Town Departments. He has told the Department heads
to budget realistically within 4% cap, but also will be working to meet Mgr. -
goals established last year and for next year's. Each department will be Budget
asked to list goals and prioritise them. On the subject of energy he noted Goals
Selectmen's Meeting
-2- October 12, 1979
that half the last staff meeting was spent on this subject. A lot is being
done particularly in the schools, which is the largest user, in terms of
delamping and reducing temperatures. Another area we are working on is
providing shelter if people are unable to get fuel.
Mt. wells added that in teras of rising costs, we should address the
issue of vandalism. Mr. Brown said the echoolsg do require children caught
BBC' _ vandalising or their parents to pay for damages and this has helped reduce
Vandalism the level of vandalism. It is a continuing problem, with each new group of
'students. Mr. Friediaan- reminded everyone that the Housing policy passed by
the Town Meeting requires a.housing report to be submitted. Mrs. Peaks'
also stressed the need for work in Human Services. Mrs. Battin noted that
SetV•the Selectman are in the process of interviewing for the Human Services
Committee and hope to make appointments shortly.
'Human
The meeting was adjourned.
Respectfully submitted,
Nancy H. Banks
Assistant to the Town Manager
SELECTMEN'S MEETING
OCTOBER 15, 1979
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building; on Monday, October 15, 1979 at 7:30 p.m.
Chairman Miley, Mr. Buss, Mrs. Battin, 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.
Chairman Miley welcomed members of the League of Women Voters who
were present at the meeting.
Mr. Fred C. Bailey, Chairman, and members of the Burglar Alarm Com-
mittee met with the Board to discuss the report submitted by the committee
Mr. Bailey gave an overview and said that after town meeting it was appar-
ent to everybody there were three areas giving difficulty, (1) technical
understanding; (2) what the legal implications were, what the town should
or should not do, and how should the town approach it; (3) the political
overtones, how does it affect town meeting, the town as a whole, town
departments, and is it fair to charge for the use of the services? Howard
Cravis summarized the report and we had help from Palmer & Dodge on the
legal implications. The route to go is to have a simple by-law, follow
that up with regulations, and then require permits; a 3 -stage operation
instead of trying to cram all of it into either a longer by-law or to
go only to the regulation of permits. The committee members didn't feel
they had any difficulty at all by levying fees on the people that want
to use this service. The town has to inspect and there should be a fee
assessment but if a person wants to be tied into a town telephone that
there should be no reason why they should have to pay a fee to do this.
After going through all three areas, the committee came up with a total
of ten recommendations. To have a modified version of the by-law that
was on the warrant last year; we suggest if anyone has a device in his
home, it should be inspected; we suggest the current voice tape should
be permitted after the by-law goes into effect, but only after they
have been inspected and only after they have been adjusted to dial new
numbers, not any of the emergency numbers. We think those should be
kept virgin clean for people to use when they want to call the police
or fire departments, but any other devices that go on should go to new
and separately designated numbers; this would be part of the new regula-
tory process. After the by-law is adopted, we suggest that all of the
new devices going in cannot be of the voice type. They should then
switch over immediately and have a high speed digital dialing system
which requires -a new kind of receiver equipment at the fire or police
department.
Mr. Bailey said the only item remaining, and we pass it along to the
board, is how long -after you adopt the by-law do you let the old voice
dialers continue to operate? A number of the members of the committee
wanted them to be blocked out after six months; others said they should
never be forced to switch over to high speed devices. We thought to let
it go until after the by-law is adopted and you and the department heads
then decide; then you can set a timetable. It may not become a burden
Burglar
Alarm
Committee
Report
Selectmen's Meeting
- 2 - October 15, 1979
as it will become apparent to most people that using a digital high
speed device is going to be far more effective in getting attention
at either station than is the old voice type, and there will be in-
centives for them to switch over. If the voice dial continues to be
a problem after the by-law we propose, then you can set a timetable
for phasing those out, requiring people to switch over. Our suggestion
is that the town should seek bids for installing equipment at both the
police and fire stations and maintaining telephone lines into this
equipment and into a special phone to receive both the dedicated line
type of device, whether a phone line from your business to the station
or the new digital dialer types of device or another telephone number(s)
which would be utilized only for the remaining voice type dialers; this
would provide for all kinds of signals to come in completely independently
of 862-1212 or 0270 series of numbers. The basis for evaluation of these
bids is going to have to be on what somebody perceives as the ultimate
cost to the users of the service because all of this will be done at no
cost to the town. We expect there will be an addition to the hookup
charge of $40.00 fora $34 to $60 per year service fee, to be payable
to the contractor selected by the town. The final point was how do you
deal with chronic offenders? If you inspect these systems and establish
that they have the technical devices which can insure you are going to
have the minimum number of false alarms, what do you do with the people
who one way or another are still sending false alarms? There was some
feeling that maybe we ought to a recommended system of fines, but we
backed off on that; perhaps there could be an administrative procedure
sending out notes, as the police do now, saying your system is con-
tinuing to send us false alarms.
Mr. Roy Weinstein objected to the costs involved to approximately
1,000 users of voice dialers, and Mr. Kent explained that the committee's
position is open as to whether those currently having voice dialing would
be required to convert after a period of time or not be required to convert.
As he understands the report, the committee's unanimous view is that any
connection from this point forward ought to be required on the high speed
digital arrangement. Mr.Bailey agreed.
Mr. Kent discussed the proposed By -Law, "No person shall install,
maintain or use a mechanical protection device that is automatically
keyed to or activates the telephone numbers or lines controlled by or
listed to the Police Department or Fire Department, without written
approval of the Department Head. All such devices shall be removed,
or appropriate written approval obtained within 60 days of the effective
date of this by-law." Mr. Kent felt there should be some reference in
the By -Law as to the regulations; there is a question as to whether those
regulations should be promulgated by the department heads and, if so,
he would like it to be at least subject to the approval of the Manager or,
if not, subject to the Board of Selectmen - whether the Manager should be
the promulgator or the Board of Selectmenshould be She promulgator of the
regulations. In the Committee's report, it wasstatfiat this should be in
the unguided and unreviewable control of the department head in question.
1
Selectmen's Meeting - 3 - October 15, 1979
Mr. Hutchinson said that any regulations proposed by department heads would
come to his office and be filed with the Board as a matter of information.
The department heads would be willing to work with him and approved by his
office.
The Board agreed that the Manager is to submit, additional information
within the next two weeks. Chairman Miley thanked the Burglar Alarm Com-
mittee and the members retired from the meeting.
The Board discussed a change in the Precinct 3 polling place from
the Bridge School to the Clarke Junior High School. Mrs. Martha Wood,
Chairman, and members of the Executive Board of the Town Meeting Members
Association were present and were unanimously in favor of the change.
Mrs. Erna Greene, Precinct 3 Town Meeting member, stated that the residents
were also in,:favor. Mr. Hutchinson said the only problems to be resolved
were parking and the storage of the voting machines. at Clarke. Miss
McDonough, Town Clerk, had submitted a recommendation on the change
and informed the Board that if approved the Selectmen must notify each
registered voter by mail.
Upon motion duly made and seconded, it was voted to change the
location of the Precinct 3 voting place from the Bridge School to the
Clarke Junior High School, subject to a request to the School Committee
for permission to store six voting machines permanently at the Clarke
Junior High School.
Upon motion duly made and seconded, it was voted to table the request
of the Lexington Golf Club for further deferment of sewer betterment assess-
ments pending receipt of a letter from the Golf Club regarding litigation
against the Town.
Chairman Miley read a request from the New England Telephone Company
and the Boston Edison Company for the relocation of joint -owned poles due
to road construction.
Upon motion duly made and seconded, it was voted to approve the re-
location of joint -owned poles on the following streets:
Carville Avenue
Baker Avenue
Banks Avenue
on the southeasterly side, approx. 4+ feet
east of Banks Avenue, one pole; one pole to
be removed.
on the northwesterly side, approx. 5± feet
west of Banks Avenue, one pole.
on the southwesterly side, approximately 300±
feet east of Carville Avenue, one pole.
Upon motion duly made and seconded, it was voted to approve the
minutes of the Selectmen's Meeting held on August 20, 1979.
Upon motion duly made and seconded, it was voted to confirm the
appointment of Dr. Martin K. White, 50 Bloomfield Street, as a member
of the Community Health Committee for a term expiring May 31, 1980.
Prec. 3
Polling
Place
Lex.Golf
Club Sewer
Bttrmnt.
J/0 Poles
Carville-
Baker -
Banks Ave.
Minutes
Community
Health
Committee
' DPW Con-
tract
80-5-E
Woodpark
Circle
Subdivi-
sion
Gift of
Land
Conserve.
Land Pur-
chase
Conserve.
Reimburse-
ment Funds
Hanscom
Field
Selectmen's Meeting - 4 - October 15, 1979
Mr. Hutchinson recommended awarding the contract for miscellaneous
work on Earl and Avon Streets in connection with the Lexington Housing
Authority's scattered sites project.
Upon motion duly made and seconded, it was voted to award Contract
80-5-E to the lowest bidder, Somerset Paving Corp., Somerset, Mass.,
in the amount of $27,875.00, for construction work on Earl and Avon
Streets.
Mr. Hutchinson informed the Board that a petition was filed with the
Planning Board by the residents of Woodpark Circle area concerning problems
with rodents in the area, specifically asking that the ditch or brook running
through the subdivision be considered a health hazard because of stagnant
water, mosquitoes, and rats. A $61,000 bond is being held and Mr. Lane,
the developer, agreed to do some additional work at the brook. We will
not conduct a program of rodent control on private property but will do so
on a one-time basis. There have been recommendations from some of the
citizens to pipe the brook but we do not feel it should be done. We are
prepared to give the residents all the technical assistance we can on
the extermination of rodents. Mr. Williams, Chairman of the Conservation
Commission, said that the problem is the pond as it has a very slow pitch.
We had a Hatch Act hearing and the developer complied with the conditions.
Mr. Hutchinson stated that we ought not to be in the position of redesigning
subdivisions. Mr. Crain recommended that the Manager research the whole
question with the advice of Town Counsel. Mrs. Battin agreed and added
that Conservation or the Planning Board could give relevant opinions.
Mr. Hutchinson said that we would encourage the residents to deal with
the exterminator the town is doing business with. Residents of the area
were present and expressed their concern about the problems.
Mr. David Williams, Chairman of the Conservation Commission, informed
the Board of a gift from an anonymous donor to the town of a 1 -acre parcel
of land off Hancock Street near Coolidge Avenue for recreation/conservation
purposes.
Upon motion duly made and seconded, it was voted to accept on behalf of
the town the gift of.�a.1-acre parcel of land off Hancock Street near Coolidge
Avenue for recreation/conservation purposes.
Mr. Williams informed the Board that the Conservation Commission is going
to use the Conservation Fund to purchase a 1-1/2 acre parcel of land located
near the Bowman School at an agreed upon price of $4,000; this transaction
does not require Town Meeting approval.
Mr.'Williams'.announced publicly: that the.Conservation.Commissic.n:has-:re-
ceived.a reimbursement check for $560,417.
Chairman Miley thanked Mr. Williams for meeting with the Board and he
retired from the meeting.
Mrs. Jacqueline Smith and Mr. Fred Bailey of the Hanscom Field Advisory
Committee; Mrs. Angela Frick, Lexington's MAPC representative, met with the
Board to discuss Hanscom Field. Mrs. Smith said there was a meeting on
1
Selectmen's Meeting
- 5 - October 15, 1979
October 9 of the Hanscom Field Advisory Committee at which Massport and
Cosmopolitan Airlines and Great American Commuter Services gave a pre-
sentation on a commuter service which Cosmopolitan was asking Massport
to permit at Hanscom Field with service between, 7:00 a.m. and 9:00 p.m.;
consisting of four round trips to Newark daily. This means ten operations
of the airplanes because they will be based in Farmington, New York.
They will be using a Convair 440, which is the noisest airplane in this
category. There are fourteen jet operations at Hanscom per day now
and adding these ten operations would essentially double the noise.
Everyone from Massport agrees that we will indeed notice the change in
the noise structure at Hanscom if this service begins. Should this ser-
vice be successful, it would mean approximately 350 vehicle trips per
day. Massport, in this permitting, has to go through an environmental
process; it will be published in the newspapers and Massport will decide
at their November 15 meeting whether to give the permit. There is a
great deal of pressure coming from the PAB and the FAA to get the smaller
services out of hub airports like Logan, and the best equipped, smaller
airport in this area is Hanscom. Since Lexington's policy was instituted
in 1977 and the Hanscom Field Master Planning process was completed in
1978, there has been an increase in noise around the airport. If we
don't have standards for noise on noisier planes, it is time to ask
Massport and perhaps we should be looking at our own policy to see
whether we want to leave our own policy of just no certificated air
carriers or whether we want to include commuter service. If we have
standards for noise on various planes and say these noisier planes can-
not come into Hanscom, then you won't have to worry about the policy on
the types of services use the airport.
Mrs. Smith recommended on the Cosmopolitan proposal that Lexington
inform MEPA and the Massport Authority that we are in opposition to any
such service going in until such standards are in place. Also, to recom-
mend that Lexington take legislative action to ensure Town involvement in
Massport decisions by making the Hanscom Field Advisory Committee not
just a gentlemen's agreement between the Town and Massport but make it
a legislative body on an advisory level; we need to be part of a decision
making process.
Mrs. Frick said she had noticed on the MAPC environmental form that they
did not check the long-range traffic impact; on the MAPC A-95 review form,
they did not think noise was a problem. It was agreed that Mrs. Frick is
to work with Mrs. Smith and return the forms to MAPC stating that Lexington
is interested in MAPC doing more studies.
Mr. Hutchinson said the Planning Board is also concerned about noisier
planes. It was pointed out by Massport that there are no regulations cur-
rently regulating Hanscom and they, in fact, were going to work on those
themselves. It does seem that substantive proposals that impact on the
region should not be allowed to take place until logical regulations can
be put in place. Massport is going to work on information meetings at
some subsequent time. They further indicated they would work with the
Hanscom Advisory Committee at an information session about current and
future plans, but the whole impact on regulations was referenced in
effect that there are none. That is something this Board and others
should be concerned about.
Selectmen's Meeting - 6 - October 15, 1979
Upon motion duly made and seconded, it was voted to approve the
following recommendations submitted by Mrs. Jacqueline Smith, Lexington's
representative to the Hanscom Field Advisory Committee:
1. To inform the Massachusetts Port Authority and the Mass.
Environmental Protection Agency that Lexington is in
opposition to the proposal of the Cosmopolitan Airlines
primarily on the basis of the noise which will be generated
by the service; secondarily, by the impact on our ground
transportation problem of an additional 352 vehicle trips
per day. Also, to request MPA to defer a decision on
this service or any others until noise emission standards
and a redefinition of acceptable services at Hanscom are
set, and that these be done in cooperation with the com-
munities. To request that a more in-depth environmental
report be done by the MEPA Unit of the Executive Office of
Environmental Affairs on the commuter service being proposed
by Cosmopolitan Airlines, Inc. and the Great American Com-
muter Service for Hanscom Field.
2. That Lexington take legislative action to insure Town involve-
ment in the MPA decision making process for Hanscom Field.
Mr. Kent, as legislative liaison, volunteered to contact one
of our legislators relative to introducing the bill.
LEXPRESS Mr. Rosenberg, Chairman, and members of the Transportation Advisory
Terminal Committee; Mr. Sacco, President of the Chamber of Commerce; Police Captain
Lima met with the Board to discuss the LEXPRESS mini -bus transfer station.
Alternate locations were discussed and decided against: the area on
Edison Way behind the Harvard Trust Co., the Visitors' Center, and the
Town Office Building.
Upon motion duly made and seconded, it was voted to move the LEXPRESS
mini -bus terminal to the left side of Depot Square adjacent to Emery Park
on a temporary basis until experience is gained.
Mr. Hutchinson requested time to work out the details of marking the
street and placing barriers for the protection of the passengers.
Mr. Rosenberg said the committee is considering a long-term location
byusingapiece of the railroad right-of-way, and he pointed out that
g Y�
legalroceedin s are involved.
P g
Fare Mr. Rosenberg recommended approval of operating an extra mini -bus on
Increase Saturdays and an increase from 25 cents to 50 cents for the trip to the
Burlington Mall; however, passengers who travel only in Lexington will
continue to pay 25 cents.
Upon motion duly made and seconded, it was voted to increase the
fare on the LEXPRESS mini -bus to the Burlington Mall to 50 cents, and
to add;:a bus to this route on Saturdays.
Mr. Rosenberg said the committee is investigating ways to increase
ridership and additional information will be submitted in two weeks.
The Transportation Advisory Committee,
retired from the meeting.
Selectmen's Meeting - 7 - October 15, 1979
Mr. Robert Sacco, President of the Chamber of Commerce, and Mr. 1980
William Fitzgerald, Chairman of the -Town Celebrations Committee, met Patriots'
with the Board to discuss the 1980 Patriots' Day celebration. The Day
State holiday is to be observed on Monday, April 21, and April 19
falls on Saturday. The Board wished to have the views of both groups
as to the preference of which day to schedule activities. Mr.
Fitzgerald said his committee favored a town celebration on
Saturday; however, the committee realized that Saturday is usually a
busy day for the merchants and they would like an opinion from them.
Mr. Sacco said he had polled some merchants, who were opposed to
Saturday, but he was unable to contact the majority of the merchants.
The Board agreed to table the matter pending a further report
from Mr. Sacco. A later meeting will be scheduled for a decision.
The Board approved Mr. Hutchinson's recommendation to defer Wilson Rd.
discussion of the petition from the Wilson Road residents for two Traffic
weeks.
Upon motion duly made and seconded, it was voted to table the Permit
request of Mrs. Bagy of 11 Castle Road for permission to hold a Request
crafts sale in her home, pending a report from Town Counsel re-
garding the zoning by-law.
Upon motion duly made and seconded, it was voted to sign the Preclama.
Proclamation declaring the week of October 29, 1979 as United Way United Way
Week.
Upon motion duly made and seconded, it was voted to approve Appt. -
the recommendation of the Town Manager that he appoint Mrs. Carolyn Recreation
Wilson, 23 Pleasant Street, a member of the Recreation Committee for Committee
a three year term expiring April 1, 1982.
Mr. Hutchinson recommended approval of the request from the West- Recreation
bridge School to use the Adams School field,with payment of a user fee Permit -
Upon motion duly made and seconded, it was voted to approve the Westbridge
request of the Westbridge School to use the Adams School field during
the fall of 1979, subject to payment of a user fee of $5.00 per day
and $10.00 per day when lines are required on the field.
Mr. Hutchinson submitted additional material to the Board on the
A11 American Cities Award.
Upon motion duly made and seconded, it was voted 5-0 by roll call Executive
vote - Mrs. Miley, Mr. Busa, Mrs. Battin, Mr. Kent and Mr. Crain - to Session
go into Executive Session, with no intention of resuming the open
session, for the purpose of discussing matters of litigation and real
estate.
Upon motion duly made and seconded, it was voted to adjourn at 11:10 p.m.
A true record, Attest:
Executive Clerk, Selectmen
SELECTMEN'S MEETING
October 22, 1979
A regular meeting of the Board of Selectmen was held in the Adams
School auditorium on Monday, October 22, 1979, at 7:30 p.m. Chairman
Miley, Mr. Busa, Mrs. Battin, Mr. Kent and Mr. Crain; Mr. Hutchinson,
Town Manager; Mr. Cohen, Town Counsel; Mrs. McCurdy, Executive Clerk,
were present.
Retire- Chairman Miley recommended that the Board accept the State Retire-
ment ment audit.
Audit Upon motion duly made and seconded, it was voted to accept the
report of the examination of the Town of Lexington Contributory Re-
tirement System, as of December 31, 1978, by the State Retirement
Division.
MBTA
Chairman Miley read a letter from Mr. Paul Means, MBTA Director,
regarding the establishment of a Consumer Advisory Panel for suburban
transit riders.
The Board agreed that an advisory panel might accomplish MBTA
goals but Lexington would rather concentrate on the larger issues of
budget, management problems, etc. We would continue to keep a close
watch on the MBTA AdvisoryCommittee's role and our part in it. A
letter to this effect is to be sent to Mr. Means.
1 -Day Upon motion duly made and seconded, it was voted to sign the 1 -day
Liquor liquor licenses for W. R. Grace Employees Association retirement parties
on October 24 and October 25.
1980 Mr. Robert Sacco, President of the Chamber of Commerce, informed the
Patriots' Board that the merchants in town were in favor of celebrating Patriots'
Day on the State -designated holiday on Monday, April 21, 1980, according
to a circulated questionnaire. Celebrating on Saturday, April 19, would
cause hardship to both large and small businessmen.
Mr. Raymond Flynn of the Town Celebrations Committee said they would
accept the merchants' decision. However, the committee will come back to
the Board to discuss finances as they had anticipated coordinating efforts
with Arlington and splitting the costs of the bands for the celebration on
Saturday. It was agreed that Lexington is to celebrate Patriots' Day on
Monday, April 21, 1980.
Chairman Miley read a request from Mr. John Carson, Chelmsford Select-
man, to bring in more revenue to the town by the registration of automobiles
illegally registered out-of-state.
The Board agreed to urge the citizens of Lexington to communicate with
eith er the Police Department or the Registry of Motor Vehicles if they knew
of out-of-state cars apparently registered to local residents.
1
Selectmen's Meeting
- 2 - October 22, 1979
Mr. Hutchinson recommended the execution of the contract for mis- Contract
cellaneous water and street construction. 80-5-E
Upon motion duly made and seconded, it was voted to sign Contract
80-5-E awarded on October 15, 1979 to Somerset Paving Corp., Somerset,
Mass. in the amount of $27,875.00, for water and street construction
on Earl and Avon Streets in connection with the Housing Authority's
scattered sites program. Payments will be made by the Housing Authority
subject to acceptance of work by the Town.
Mr. Hutchinson recommended approval of a Common Carrier license
for Hospital Transportation Service.
Upon motion duly made and seconded, it was voted to sign the
Common Carrier license for Hospital Transportation Service, Inc.,
161 Charles Street, Cambridge, for the carriage of passengers for
hire over Lexington ways; license expiring December 31, 1979.
Mr. Hutchinson said it was his understanding the service is
from Hanscom Field to Logan Airport, and industrial pick-up as well.
Mr. Hutchinson discussed the parking spaces occupied by the Arlex
Taxi Company at Depot Square, and it was agreed to reduce the number
of:.::spacea. from:six. to,two. Further discussion will be held next week
on the possibility of reducing it to one taxicab parking space.
Mr. Hutchinson informed the Board that a letter has been received
from District #4, State D.P.W., stating that a majority of the con-
struction items on the Hancock Street project will be completed by
the fall of 1980. We have had money appropriated by the town, reim-
bursed under Chapter 90, and now have a commitment that it will be
done in the spring of 1980 and completed in the fall of 1980.
Com.Carrier
Hosp.Transp.
Depot Sq.
Taxi Spaces
Hancock St.
Chapter 90
Project
In response to a request, the Board agreed to write to the Police
President of the Police Union informing him that Mr. Robert M. Negotiations
Hutchinson, Town Manager, is, as in the past, bargaining agent
for contract negotiations with all unions.
Mr. Hutchinson discussed solid waste and said that the committee Solid
has been meeting during the summer months. The North Andover proposal, Waste
which is still our primary alternate, has been extended to January 31,
1980. The Town Meeting authorized the Selectmen, subject to any
dramatic change being brought back to Town Meeting, to proceed on a
long-term solution. Mr. Hutchinson and Mr. Cohen had attended a
meeting concerning legal questions and there are still many unre-
solved questions. We think EOP is the type of plant the town should
be participating in and the committee has been pursuing the proposal.
An updated report will be given to the Board of Selectmen.
Traffic-
Itek
Maguire/
Hartwell
Fire
Dept.
Phone
System
LEXPRESS
Bus Stop
Depot Sq.
Better-
ments-
Lex.Golf
Club
Real
Estate
Taxes
Meeting
with
Prects.
1 & 2
Residents
Dogs on
School
Grounds
Selectmen's Meeting
- 3 - October 22, 1979
The Board approved Mr. Hutchinson's recommendation that he respond to
the letter from the Director of Itek Corporation, 10 Maguire Road, stating
that consideration is being given to the possibility of the installation of
a traffic light at Maguire Road and Hartwell Avenue. Also, the town will
continue to provide a police officer'subject to manpower availability,
and the policy will be reviewed as to whether we should be providing
a police officer at the town's expense.
Mr. Hutchinson informed the Board that the Fire Department has
withdrawn the prohibited practice charge against the town and the
Fire Chief is reviewing the telephone system, with an additional
extension to be provided to deal with emergency calls. In response
to questions from the Board, Mr. Hutchinson said that the Chief felt
the new system would save the town money and, as part of that, he de-
leted the Police and Fire line. From a public safety standpoint, no
one is jeopardized as the Police have access to Extension 78, which
goes right through to the Fire Department.
The Board agreed to meet at the Central Fire Station next Monday,
October 29, at 7:30 p.m. for a review of the telephone system with
Mr. Hutchinson and Chief Bergeron.
Mr. Hutchinson said that the Police Department has asked that the
Board approve thenew location of debarkation of LEXPRESS passengers
at Depot Square.
Upon motion duly made and seconded, it was voted to designate the
area north of Emery Park as the LEXPRESS bus stop.
Mr. Cohen discussed the request from the Lexington Golf Club for
deferment of sewer betterment assessments, and it was agreed to again
table the matter.
Upon motion duly made and seconded, it was voted to table the
matter of the Lexington Golf Club's request for deferment of sewer
betterment assessments pending receipt of a letter from the Board of
Directors concerning litigation against the town.
Chairman Miley announced that the tax bills were mailed last
Friday, October 19, and she pointed out that the delay had nothing
to do with the town. Mr. Hutchinson added that payment is due within
thirty days of the postmark and we encourage people to come forward
earlier; we are in a favorable position and may not have to borrow
money, which saves you tax money.
Chairman Miley opened the meeting with residents of the
area _of Precincts 1 and 2, and said that this is the third time the
Selectmen have been in different sections of the town; we have found
that people are very comfortable talking to us about their problems.
Residents of the Harrington School area and the school. custodian asked
for assistance in resolving the problem with dogs on the school grounds.
Mr. Busa said that a similar situation at the playground on Rindge Avenue
had been brought to the attention of the Board and, upon the recommendation
of the Animal Control Officer, the Board had voted unanimously on
August 14, 1978 to have all playgrounds posted so there would be no dogs
running loose, subject to Town Counsel looking into the legal aspects of
posting. Perhaps we could have school grounds so posted. Mr. Hutchinson
said arrangements will be made to have the grounds posted and, in the interim,
the Dog Warden will be operating under this regulation.
Selectmen's Meeting
- 4 - October 22, 1979
Mr. Fred Perry, 678 Massachusetts Avenue, asked to'be recorded in
opposition to the installation of traffic lights at the intersection of
Massachusetts Avenue and Pleasant Street. He lives within 20 yards of
the rotary circle and lights would not stop the thousands of cars coming
through there, and if traffic were diverted, there would be more dangerous
conditions.- As far as pedestrian traffic, children going to Adams School
are handled by Policewomen; there is a policeman there for services at
Sacred Heart and the Fallen Church; aesthetically, the area would be
adversely affected. This would generate other lights as the police favor
lights:there in tandem with Maple Street. He did not think it a good idea.
Mr. Hutchinson said there were 26 accidents in the area in 1976 and
17 in 1978, a modest decline, and there is no guarantee they would be
lower with the lights. He had written to the Sacred Heart Church in re-
sponse to their letter and.had pointed out that from an engineering view
there are staff restrictions on manpower and workload. It is our inten-
tion to have the Engineering Division bring it up to the Board for review
and a decision on whether to institute a program or to look at other
viable alternatives for safety. In 1976-77, there was a proposal under
TOPICS and there were not a lot of people at the hearings at that time.
The Historic Districts Commission and the Chairman of the Planning Board
raised concerns about the proposal and it was put on the back burner.
A member of the Adams School PTA said she was concerned about the safety
of children coming down from Liberty Heights, and suggested that this is
something to be considered in the future.
Mr. Hutchinson said we can look at it again and what the alternatives
might be. Chairman Miley added that we: will not do an expensive study but
the, Manager will review what's there. Also, my understanding of the TOPICS
program is that you accept the whole thing or nothing.
In response to a question from Mr. Arthur Smith, Mrs. Swanson of the
School Committee said a report on the closing of Adams School will be sub-
mitted by the School Superintendent on November 1, or thereabouts. Chairman
Miley explained the process involved when Town Meeting votes to close and
accept a school.
Mass. Ave./
Pleasant St.
Rotary
Mr. Arthur Smith raised the question of the possibility of a mini -bus Mini -bus/
route continuing to Arlington Heights, and it was explained that this was Arl. Hts.
a grievance with the MBTA union and it was not in the town's best interests
to pursue it. The town was anxious to have the papers signed, get the funding,
and put LEXPRESS into service.
Chairman Miley thanked the residents for attending the meeting with the
Board and assured them that the Selectmen are always available for discussion
of any problems which may arise.
Selectmen's Meeting
- 5 - October 22, 1979
Select- The Board discussed goals and Mrs. Battin said it is a long-range
men's process. The last time we discussed them, we brought in what we thought
Goals were our most pressing problems and we should decide the three or four
that are really the most important. Obviously, we all agreed on Center
Revitalization; the two others that stood out to me were the town finances,
and that seemed to break down into two of them - the whole question of sources
of revenue, the need to decrease our reliance on the property tax, which
would include tax reform and how to increase sources of revenue, like
broadening our tax base, school conversion, etc. The other financial one -
the one Mr. Crain stressed - was the whole problem of financial management
and the need to achieve tax stabilization and the rate of inflation and
dealing with the consequences of it; how we manage our monies in the
budgets. Sources of revenue and the actual financial management were the
two largest areas.
Mr. Crain said all we are trying to do is create a focus for the
immediate future and our top priorities, which is dynamic and probably will
change as time goes on. It has been found to result in more progress if
groups like this focus on a few top priorities and get some work projects
going on underneath them, and then maybe the next time we take a photograph
it is entirely different. He hoped that the hidden time bomb like unfunded
pensions would be included in the financial area.
Mr. Kent said he agreed completely with Mrs. Battin and Mr. Crain
to the extent that we are here to talk about areas of concern with long-
range planning. He would like to start with Center Revitalization and
the four items under financial structure. On Center Revitalization
and giving particular emphasis on short-term parking, he was not sure
he wanted that in the long -planning goal process. That happens to be
an item, of which there are many before this board, which we simply
have to deal with before the next Town Meeting because we told the Town
Meeting we were going to do so. Center vitalization as a topic for this
long-term treatment is somewhat different from this emphasis on short-term
solutions to parking, which he would simply put in the category of a near-
term agenda item of the board to be handled on an incremental basis. Mrs.
Battin agreed. For long-range planning purposes, he was in accord with
what was said about Center Revitalization and the Financial Structure of
the Town.
Mr. Crain agreed and offered another one on employee development -
because of the importance of the human resource we have invested in the
community and our employee body, and the need to give the Manager and the
department heads more assistance in providing some development opportunities
to maximize the potential of that very costly and very important resource.
Mrs. Battin summarized the major prob.lemzareas in which to set goals:
(1) Center Revitalization; (2) Source. of Revenue, to, include the need to
decrease reliance on the property tax and increase sources of revenue;
(3) Financial Management; the need to achieve tax stabilization and deal-
ing with the consequences of inflation; (4) Employee Development.
Mrs. Battin said the problem areas have been identified and each member
should come in with a suggested goal. The goal doesn't necessarily have
to be a new service; it must directly relate to the previously identified
concern or problem.
1
1
Selectmen's Meeting
- 6 - October 22, 1979
Mr. Crain said (1) a goal is defined as something that is clearly
measurable; (2) Usually, there are several goals associated with an
area of focus. Each of us might find we would want to come in with
one, and it is important that we come in with a timetable.
Mr. Hutchinson said that on financial issues we have identified
revenues as economic growth and that might be something that we can
fix a little more by tracking how much land we have left and looking
at just the existing system we. have. The second issue is one that
the Selectmen have been particularly active in that we don't have a
grasp on yet, and that is: the whole issue of tax reform, a 3 to 5 year
issue. The political activity of your legislators in the sense of
getting into a program that the Lexington Board of Selectmen would
endorse a coherent tax program that they think would impact on the
resources of the town and the commonwealth. The Managers do not have
a position at this time.
Mrs. Battin said she would like to see the board push very hard
to have the municipal associations on their own reconstitute their tax
reform committee, and we come .out with our proposal. It doesn't have a
prayer of getting through the legislature but again at least we have
something that is carefully thought through from a municipal point of
view towards reliance on the property tax; that we, as aboard, take
the initiative on that. Presidents of municipal associations are
meeting with staff of municipal associations to look at all the tax
limitation proposals that have been filed, and then we are meeting
with legislators to talk about it. Mrs. Battin would bring this back
to the board. She added that maybe the goal ought to be a definite
study and when it ought to be reported back in.
Mrs. Battin and Mr. Hutchinson are to meet and submit a draft of
the agreed upon major problem areas for discussion at the Selectmen's
meeting on November 5.
Upon motion duly made and seconded, it was voted 5-0 by roll call Executive
vote - Mrs. Miley, Mr. Buse, Mrs. Battin, Mr. Kent, Mr. Crain - Session
to go into Executive Session, with no intention of resuming the open
meeting, for the purpose of discussing matters 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 9:20
A true record, Attest:
. 7122c
p.m.
Executive Clerk, Selectmen
Fire Sta.
Executive
Session
Arlex
Taxicab
Stand
Bd.Apls.
P1n.Bd.
Repetitive
Petitions
Minute-
man Home
Care
I Funds
SELECTMEN'S MEETING
OCTOBER 29, 1979
A regular meeting of the Board of Selectmen was held on Monday,
October 29, 1979. The meeting was convened at 7:30 p.m. at the
Central Fire Station, adjourned at 7:50 p.m., and reconvened at
8:10 p.m. in the Selectmen's Meeting Room, Town Office Building.
Chairman Miley, Mr. Busa, Mrs. Battin, 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 7:30 p.m., the Board met with Chief John Bergeron at the Central
Fire Station for a review of the new telephone system.
At 8:10 p.m., the meeting was reconvened at the Selectmen's Meeting
Room, and it was voted 5-0 by roll call vote - Mrs. Miley, Mr. Busa, Mrs.
Battin, Mr. Kent, Mr. Crain - ta go into executive session for the pur-
pose of discussing strategy with respect to litigation, with the intention
of resuming the open meeting.
After discussion, it was voted to go out of executive session and
resume the open meeting at 9:25 p.m.
Mr. Tippett, President of the Arlex Taxi Corp., met with the Board to
discuss the Board's decision on October 22, 1979 to reduce the number of
taxicab spaces at Depot Square from six to two spaces. Chairman Miley said
that she and members of the Board had noted, in general, that only one or
two taxis occupied the spaces; therefore, the decision was made to reduce
to two. Mr. Tippett asked for three spaces as many people get off the MBTA
bus and require a taxicab. Mr. Kent preferred to give it a try with two
spaces and if in the operation Mr. Tippett finds it hurtful, he was willing,
given a brief experience with two, to listen again.
It was mutually agreed to reserve the two front spaces at Depot Square
and Mass. Avenue for the Arlex taxicab stand. Hr. Hutchinson is to work
out the details with Mr. Tippett. Mr. Tippett thanked the Board and retired
from the meeting.
Mr. Cohen informed the Board that drafts from the Planning Board and
the Board of Appeals on the proposed procedure on repetitive:petitions for
special permits are not consistent, and he is working with both boards on
a final procedure. The Board agreed that Mr. Cohen is to resolve the dif-
ference of opinion on the proper procedure to be followed; if any problems,
Mr. Cohen is to come back to the Board.
Chairman Miley read a letter from Mr. Sen, CoA Chairman, to Mr. Perry,
Comptroller, relative to a request from the Minuteman Home Care for payment
of the local community share of FY 78/80 expenses. The letter stated that
Minuteman is a not-for-profit organization chartered by Massachusetts
and endorsed by the Department of Elder Affairs for the purpose of pro-
viding home care to elders. It is in receipt of $1.7 million of HES/DEA
funds which it uses to service 16 minuteman towns. Mr. Sen had received
a MHCC report which itemized services rendered to the elderly residing
in Lexington and the bottom line showed that for our annual contribution
Selectmen's Meeting
- 2 - October 29, 1979
of $2,244, a total of $46,409 service dollars were spent on Lexingtonians
In Mr. Sen's opinion, Lexington's contribution is worthwhile and a cost-
effective expenditure.. Also, that the human services office should have,
as a function, the monitoring and evaluation of the quality and quantity
of care provided to clients by such service providers like MHCC; the Board
agreed to pursue this suggestion. Chairman Miley that a copy of the MHCC
report be obtained for the Board's information.
Mr. Hutchinson agreed to Chairman Miley's recommendation that he
send a letter to Instrumentation Laboratory, Inc., 113.Hartwell Avenue,
stating that he was investigating the possibility of a traffic light
at Hartwell Avenue and Maguire Road, and is also reviewing the traffic
situation in the area.
In response to Mr. Kent's question, Mr. Hutchinson said that arrange-
ments are being made for Mr. Bibbo to meet with the Traffic Safety Committee
to discuss traffic in the Wilson Road area.
Upon motion duly made and seconded, it was voted to approve the
minutes of September 10, 1979.
Upon motion duly made and seconded, it was voted to approve
23 Farmcrest Avenue as a mail drop for Certificate of Incorporation
for Families of America, Inc.
The Board agreed to schedule a meeting with Rep. Cole and Sen.
Rotondi at the regular meeting on Monday, November 19, and invite the
Planning Board, Conservation Commission and the School Committee.
The Board agreed to schedule a meeting on Wednesday evening to
interview a candidate for the Human Services Committee; 16 candidates
have been interviewed.
Mr. Hutchinson recommended approval of deferment of the sewer
betterment assessment against property on Summer Street.
Upon motion duly made and seconded, it was voted to defer pay-
ment of the sewer betterment assessment levied against the property
on Summer Street owned by Robert P. Monahan and Agnes B. Allen, in
the amount of $2,685.39, without interest, until such land or any.
part thereof is built.ppon, sold or until the expiration of three
years from this date, whichever event occurs first; provided, how-
ever, that this extension of time shall terminate immediately if
said land or any portion thereof is built upon or sold.
Also, it was voted to abate the amount of $761.81 of the existing
sewer betterment on the Summer Street property.
During discussion of the above, it was brought to the attention
of the Board of Selectmen that Alyce Monahan had indicated to the
Town Counsel that all betterments and taxes previously billed and
now due would be paid in full.
Traffic
Hartwell/
Maguire
Wilson Rd.
Minutes
Cert. of
Incorp.
Legisla-
tors
Meeting
Human
Services
Committee
Monahan
Sewer
Better-
ments
Cataldo
Sewer
Bettmnts
Center
Public
Phone
Orders
Water
Taking
CoA -
Emergency
Fuel Fund
Solid
Waste
Meeting
School
Closings
Baptiste -
Easement
Hartwell
Avenue -
Depositors
Trust
Proposal
Selectmen's Meeting - 3 - October 29, 1979
Mr. Hutchinson informed the Board that he will review with Town
Counsel the request from Mr. Robert Cataldo for deferment of sewer
betterment assessment on his property on Marrett Road.
Mr. Hutchinson informed the Board that a request has been received
for a public telephone in the Center near Colpitts Travel Agency, and
he requested authorization to proceed by going to the Historic Districts
Commission for approval. The Board authorized the Town Manager to proceed.
Mr. Hutchinson requested and received authorization to go forward on
the request from Mr. David Lail, 246 Lowell Street, to purchase tax title
land on Lowell Street, and the request from Mr. Benjamin Golini, 35 Balfour
Street, to purchase tax title land on Balfour Street. Mr. Hutchinson is to
work with the Board of Assessors in obtainingreurrent market value rates
for the land and the deed for the Balfour Street land will include the
restriction that the land could not be built upon. All information and
documents will then be submitted for the vote of the Board for conveyance.
Upon motion duly made and seconded, it was voted to sign the Orders
of Water Taking for Avon and Earl Street, as recommended by the Town
Manager.
Mr. Hutchinson reported that the Council on Aging is working with
private groups to set up an emergency assistance fund for people who
are short of money for fuel.
Mr. Hutchinson informed the Board that he is to attend a meeting in
the Governor's office to review with him the solid waste situation,
as part of a delegation from the Northeast Solid Waste Council.
Mr. Hutchinson said he had filed a brief report with the Board on
school conversion, and recommended that the Board meet with the School
Sites Conversion Committee and a representative of the School Committee
to discuss school closings. It was agreed to meet with a representative
of the School Committee to discuss immediate and long-range plans.
Mr. Cohen recommended that the Board sign an order of taking in
connection with the Baptiste request for sewer on land located on
Marrett Road. This would be a town easement over town land, as
requested by the Engineering Division.
Upon motion duly made and seconded, it was voted to sign the order
of taking for a town easement over town -owned land located on Marrett
Road.
Mr. Hutchinson discussed a proposal received from the Depositors
Trust regarding a proposed bicycle sidewalk path in front of the bank
being constructed on the corner of Bedford Street and Hartwell Avenue,
and a suggestion that the bank would put up a fieldstone wall on the
rear of the property that would tie in with our cemetery. Additional
information is to be submitted to the Board after a meeting with Town
Counsel.
1
1
1
Selectmen's Meeting - 4 - October 29, 1979
Mrs. Banks said she had received a telephone call from Mystic Valley MVMH -
Mental Health informing her that MVMH had a request for another group -home Group
to come into Lexington, to be located on Massachusetts Avenue in East Homes
Lexington. MVMH has asked, prior to giving their approval, that the
people who are running the home make contact with the Board of Selectmen
and arrange to meet with appropriate groups and abutters. This would be
a home for children who have been institutionalized for a period of time.
The Department of Mental Health program will license and supervise them.
Additional information is to be submitted by Mrs. Banks and the Human
Services Committee relative to staffing, funding, etc.
Mr. Hutchinson added that, consistent with this, a note has been
sent to the Building Commissioner advising him that if these institu-
tions come in, he should encourage them to contact the neighborhood.
There have been agencies that have not made these arrangements. In
the interim, Mr. Hutchinson sa a�i u1. F�rk�jwj;.th appropriate parties
in response to Mr. French's co ,espontlen.+- an te Reed Street home
as to how we might address some permit granting authority of pro-
visional controls at a later time in each neighborhood.
Problem areas in which to set goals are to be discussed at next Goals
week's meeting.
Upon motion duly made and seconded, it was voted 5-0 by roll call Executive
vote - Mrs. Miley, Mr. Busa, Mrs. Battin, Mr. Kent, Mr. Crain - to go Session
into executive session for the purpose of discussing strategy with re-
spect 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 10:35
A true record, Attest:
p.m.
Executive Clerk, Selectmen
VOID
SELECTMEN'S MEETING
NOVEMBER 5, 1979
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, November 5, 1979 at 7:30 p.m.
Chairman Miley, Mr. Buse, Mrs. Battin, Mr. Kent, Mr. Crain; Mr. Hutchinson,
Town Manager; Mr. Cohen, Town Counsel; Mrs. Banks, Assistant to the Town
Manager; Mrs. McCurdy, Executive Clerk, were present.
Upon motion duly made and seconded, it was voted to table the re-
quest for approval of 83 Reed Street as the address for the Bridge
School Extended Day Program, Inc. pending recommendation of the School
Committee.
The Transportation Advisory Committee report regarding the diffi-
culty in obtaining MBTA approval of the proposed chair van was dis-
cussed. In October, 1978, the MBTA agreed to donate a wheelchair lift
equipped vehicle to the Town of Lexington as part of the suburban ex-
periment. This vehicle was to be shared with neighboring towns and
funds were appropriated by Lexington, Bedford, Winchester, and the
Minuteman Home Care Corporation. The wheelchair contract has been de-
layed as there is some debate at the MBTA as to whether or not the
Lexington vehicle is involved in the decision in favor or the MBTA
union against the META operating the Boston elderly and handicapped
vans. The vehicle is ready to be painted with the Share -a -Van logo
and an expenditure of $200.00 is to be divided among the four par-
ticipants. The Committee asked for the Board's assistance in ex-
pediting the matter of MBTA approval.
After discussion, Mr. Hutchinson agreed to write to Mr. Foster
of the MBTA expressing our concern about the status of the implementa-
tion of our proposed chaircar, and our understanding that the MBTA has
brought legal action to assist in getting the system going. The town
would work with him on any_problems which are delaying the proposal.
Also, Senator Rotondi, Chairman of the Legislative Transportation Com-
mittee, and Representative Cole are to be made aware of the situation
and asked for their assistance.
Upon motion duly made and seconded, it was voted to approve the
minutes of August 20 Executive Session, September 17, October 12, 1979.
Upon motion duly made and seconded, it was voted to accept the
recommendation of the DPW Acting Director to abate the water bill of
Keith Kline, 29 Winchester Drive, $262.80; meter reader error.
Upon motion duly made and seconded, it was voted to sign the
orders of taking for sewer easements off Moon Hill Road to Bird Hill
Road, and Carville Avenue to Trotting Horse Drive, with awards of no
damages, with the following exceptions: $2,000 to Harriet Simpson,
8 Trotting Horse Drive; $2,000 to George F. & Anne A. Grady, 10
Trotting Horse Drive.
Cert. of
Incorp.
Wheelchair
Van
Minutes
Water
Abatement
Sewer
Easements -
Moon Hill
Carville Aver,
Bedford
Common
Carrier
Breakfast
Meeting
Human
Service
Committee
Appointments
Parade
Permit
Hartwell
Avenue
Sidewalk -
Depotitors
Trust
Selectmen's Meeting - 2 - November 5, 1979
Upon motion duly made and seconded, it was voted to approve the
request of the Town of Bedford to amend the current Common Carrier
license to the Bedford Local Transit to allow the pick-up and dis-
charge of passengers on Lexington town ways in the Hanscom Field area.
The Board agreed to meet on December 7 at 7:30 a.m. with the
Chairmen of Boards and Committees.
The Board discussed appointments to the Human Service Committee.
Mr. Crain said that the Board interviewed nineteen people who demon-
strated an interest in being appointed to the committee. As always..
in this town, they were a highly diversified and qualified group of
people. One question aeked of each of them was whether they could
dedicate at least one might a week between now and January, and
those who remain on the list all indicated they could. Having had
these in-depth interviews and the benefit of resumes which were avail-
able to us before the interviews, we then thought to relay our reactions
to the individuals we have listed before us with an alphabetic symbol
beside the name, and then we ranked them 1 through 10. It had already
been determined by the Board that the committee would be comprised of
seven people. Based on the compilation of results, the Board agreed
to appoint seven members.
Upon motion duly made and seconded, it was voted to appoint the
following members of the Human Service Committee: Stephen Baran,
19 Mason Street; Ruth Burler, 8 Captain Parker Arms; Howard Levingston,
358 N. Emerson Road; Barry Marshall, Four Taft Avenue; Ruth Nablo,
6 Brigham Road; Adelaide N. Osborne, 17 Shade Street; Carol Perez,
3 Westwood Road. Mrs. Perez is to convene the first committee meeting.
Mr. Hutchinson recommended approval of a parade permit.
Upon motion duly made and seconded, it was voted to approve a
parade permit for the high school homecoming on November 10, 1979,
subject to coordination with the police and fire departments.
Mr. Hutchinson recommended approval of a proposal from the Depositors
Trust Company for the construction of a sidewalk at the bank site on
Hartwell Avenue. The proposal is for the town to lay out, grade and gravel
to grade the sidewalk; also make the necessary curb cuts for the handicapped
ramps, loam and seed the strip between the sidewalk and curb line. Deposi-
tors Trust would pave the sidewalk per town specifications, and would also
construct a dry, fieldstone wall at the end of old Westview Street if the
town desires. The area between the proposed wall and Bedford Street will
be graded and landscaped.
Mr. Hutchinson informed the Board that, if approved, the only thing
the town would provide is the labor. Therefore, in order to take advantage
of the good weather, he requested authorization to proceed with the side-
walk. It would not impinge upon any part of the study of a bicycle route
Upon motion duly made and seconded, it was voted to approve the con-
struction of a sidewalk on Hartwell Avenue at the proposed site of the
Depositors Trust Company, as outlined by the Town Manager; subject to
Town Counsel's review and satisfaction that the Town either owns or has
an easement over the land upon which the sidewalk is to be located.
1
1
/v
Selectmen's Meeting - 3 - November 5, 1979
The School Sites Conversion Committee, School Committee, Dr. Lawson, Munroe
Superintendent of Schools, Mrs. Shunney, Chairman of Housing Authority, School
Mr. Sen, Chairman of Council on Aging, met with the Board.
Chairman Miley said that they had been invited to meet with the board
to ask for their assistance and input regarding the Munroe School. The
Manager's office has been receiving requests from different groups in town
to use the Munroe School. We would think of it in terms of its future, .
with a component being thoughts of a human services center including the
Council on Aging and a senior center. We don't know what the future will
be as far as schools as they come up and we need input from the School
Committee or administration to help us.
Mr. Busa said he had raised the question as to whether we should go
forward with any great speed on the Munroe School because we would have to
spend hundreds of thousands of dollars even knowing who will be in Munroe.
We should see if the School Committee or Housing Authority have any long-
range program of what will be necessary and what will become available in
the immediate future. Thinking on the long-range, if the Munroe School is
the one we should be targeting• to do some of these projects or housing
some of these services that we have been talking about. If some other
schools are going to come in the immediate future, maybe it will be a lot
less costwise to move some of these services into those buildings. If they
are not going to come immediately to the town, the information we should
have is when they are going to be ome available, and then we won't have
this type of expenditure. We migtt find some other long-term tenant from
3 to 5 years who would want to use Munroe School and let them make their
own improvements until we make some of these decisions.
Chairman Miley said we have never hada request from one who wanted to
use the entire building, just a small segment. The improvements might not
have anything to do with what the town might want to do with it later; we
would limit it in that respect.
Mr. Brown, Chairman of the School Committee, said the school closing
schedule would next include consideration of Adams School this fall. The
question has come up on Muzzey Junior High and, at the present time, we are
not really feeling the declining numbers at the secondary level but it is
on its way up. His best comment on Muzzey would be, not this year and
marginal whether it would close next year; the following year, it would
be very seriously considered to close it. Beyond that, until we see
the numbers and take each school with the numbers as projected by the
Superintendent,,there isn't much we can offer. Personally speaking, per-
haps consideration could be given to the use of public buildings for human
services and perhaps this might be more appropriate in the long run that
Munroe because of the size of the structure, or mix the use for the housing
for the elderly. At the moment, the declining numbers are continuing and
the possibility of both of them closing probably would be good. For many
years, the School Committee has been considering using Munroe for adminis-
tration offices. As of the moment, we can survive in our building. Look-
ing further down the road, the decline may hit the Senior High School, and
the thought is at this point in time that it might be the place to locate
the school administration -- perhaps in the order of five years from now.
Selectmen's Meeting - 4 - November 5, 1979
Dr. Lawson said the School Committee policy requires the administration
on the first of December of each to update projections and bring them for-
ward for five more years. We have been doing it for three years so we are
now going to a projection for an 8 -year period. If the figures for the
1980-81 school year show that we could within the policy close Adams and
it met all the requirements, the committee would then have open hearings
and ask for other information, and the committee would make a recommenda-
tion. The same process would occur for Muzzey.
Mr. Kent asked to what extent are we going to have more definite in-
formation, and specifically about Muzzey, as a result of this report that
is going to be made to the School Committee in the very near future.
Dr. Lawson said that no one would be able to answer that until the
specifics are available to the School Committee on November 20. The recom-
mendation may be that we did not meet the criteria to recommend a closing
at that time and we willhave to go over to the next year to make another
review and another projection.
Mrs. Battin spoke to the question of deferring the.use of Munroe School
for human services to another school, and said she gathered there is some
sense of urgency for those people who want it and if they don't get it now,
presumably they would go and find space elsewhere if they have to wait for
two years; we might not have takers. two years from now.
Chairman Miley said that urgent requests have been received from anyone
interested in a human service building. Usually, people want immediate
consideration.
Mr. Crain said that other influences are the regular inflation and con-
struction costs. If we have a real. need that's expressed in square footage
by people who would like to utilize such space, he saw no indication that
current escalation and construction costs are going to decrease.
Mr. Kent asked to what extent has the School Sites Conversion Committee
analyzed the available square footage at Munroe in light of such information
you have been able to gather concerning possible projected human service
uses of the building?
Mr. Hutchinson said we have had groups approach the town - Minuteman
Home Care, which now leases the Grey Nuns property, the Council on Aging,
which has looked at the idea of getting into a more permanent structure,
the Housing Authority is looking for office space, and a number of others
such as the senior citizens who are looking for 5-6,000 sq. ft. (that would
have to be refined). The Minuteman Home Care was of a similar magnitude,
and would be on another floor, and we had the idea of the Housing Authority
and other groups being put into another floor.
Mgr.'s Mr. Hutchinson, said that whatever direction you give us, we looked at
Recom.- our costs and made a recommendation that we be able to retain somebody to
Munroe give us a better isea on costs, making certain assumptions such as a senior
citizens' facility and certain offices that could probably be broken down
and moved around. So, there are about 18,000 sq. ft. of net usable space
in the building, and we have requests that exceed that.
Mr. Arthur Smith, SSCC, had a personal comment.. From what we have seen
of the town's needs, it is unrealistic to anticipate filling Muzzey with those
needs at this time. We would not in any case want to retain a property of
the size and value of Muzzey if we were only thinking of human services.
Munroe is of a much better scale to be used for that purpose; in terms of
town agencies, Munroe is the right size.and we will not be unduly crowded.
1
1
Selectmen's Meeting - 5 - November 5, 1979
Mr. Buss said that Munroe is an ancient building and would require
thousands of dollars to accommodate the senior citizens. It would be
a lot more convenient for the senior citizens to get in and out of
Muzzey, and the availability of the recreation area and the size of
the lunchroom on the first floor would make it ideal; then, the rest
of the building could be used for something else.
Mr. Sen said the Town Meeting asked that Munroe School be looked at for
human services and other applicable uses such as the senior center. The next
thing he had looked at waswhat the neighbors said; the sense he got was
they would like to see it as a human services building. If the School Sites
Committee also thought it should be, he did not know whey they were thinking
about a delay. Even using Munroe as a staging area, it would be at least
five years before we can have any kind of a senior center. The way things
are going now, there will be in town in 1982 about 5,000 seniors; in other
words, we will have 1 for 1 with all the school kids and he would like to
push towards a decision actually applying to the building. He mentioned
vandalism and suggested it ought to be boarded up.
Mr. Crain asked about the reference to 5,000 seniors in 1985 and if
those were 65 and older; our projection shows 4,011 in 1985.
Mr. Sen said they have been using age 60 and they are._movingup-about
300.ayear there are;,over-.4;00D,.now.We--are above7.the-noittanal average
ofabont- 11 pencent.
Mr. Crain said he was particularly concerned about the 45 to 60 surge in
town and what inflation is doing to our seniors and what it is doing to their
nutrition. As he recalled, the Church of Our Redeemer was a stop gap.
Mr. Michaelson, School Committee, said the School Committee has on several
past occasions explored the ramifications of an elementary school closing and
what's involved, what conditions to be met, but we never have had to explore
the closing of a senior high school. He would find it difficult to consider
for the first time the possibility of a junior high closing if the circum-
stances were such that another town agency had made it clear that it had
some rather slpecific designs on that school.
Mr. Weinstein said that by the time the senior center is in place, we
will be glad to have a nutritional center; there is a need for one.
Mrs. Shunney.asked about the percentage of senior citizens who would
be using the facilities; from Housing experience, some want privacy and
independence and are too proud to ask for anything, and some want everything.
Mr. Sen said it would be about 400 people, about 10 to:15ivercent.
Mr. Crain added that in addition to the needy in the sense of money,
there is a high correlation betweennutrition and sociability. He was in-
terested in a nutrition center in the hopes that people who are alone and
are not eating properly, because they just don't do it; if they had a place
to go and had some sociability, they would do better.
Mr. Smith said the intention of being here tonight was to ask you to
authorize us or the Manager to get some professional help, someone to make
a design based on the possible uses and the costs involved. It's a longer
process to approve the use of Munroe School if it involves the kinds of
expenditures you have been talking about.
Goals/
Objectives
Center Re-
vitalize -
tion
Selectmen's Meeting - 6 November 5, 1980
Mr. Hutchinson said it would be about $1,500 for an architectural
firm to make preliminary plans. We would receive proposals and would
expect to retain services very promptly and have something back to the
Board within 30 days.
Mr. Kent said that Mr. Sen suggested that the short term and long
term needs may not be identical. The message is getting the most pre-
liminary of designs, the working in of the potential for flexibility
for initially perhaps renting facilities which nevertheless will be
readily and inexpensively converted to more senior citizens' use at a
later date is an important of this planning process so that initial
construction doesn't lock us in to uses; the means with respect to
uses will change as time goes by.
The Board agreed.
Upon motion duly made and seconded, it was voted to authorize the
School Sites Conversion Committee to acquire professional services for
preliminary estimates on a plan for the Munroe School.
Chairman Miley thanked all involved for meeting with the Board
and they retired from the meeting.
The Board discussed goals and objectives. Mrs. Battin said that the
goals are for long-range planning and the objectives are the steps to
achieve the goals.
Mr. Crain recommended that the board focus on the Metcalf & Eddy
report on an analysis of the center, which was done in the 1960s. Some
of the recommendations have been implemented and have contributed to the
viability of the center hut those relative to parking have not been
followed. He would like the board to reconsider the possibility of
specifically relieving the parking problem by increasing parking avail-
ability in the center.
Mr. Busa said that he is working with the Central Business District
Committee, a subcommittee of the Planning Board, and they have been dis-
cussing the problems, and consideration is being given to investigate the
possibility of the location of a one-story parking garage in the Meriam
Street municipal lot and the best possible way to implement the con-
struction for sound investment. Communications have been established
with the federal government in an attempt to resolve some of the problems
by requesting cooperation of the employees of the Post Office in alleviating
the all -day parking problems on Massachusetts Avenue. In appearance, the
town could not be any more revitalized that it is but the reason we do not
have a variety is that it has been so attractive to large corporations
that they simply move the small business and owner -occupied businesses
out of town. But the revitalization of the parking areas and increased
parking would generate a new enthusiasm of people wanting to come back
into the center and operate a service store. One important facet would
be to invite the absentee landlords as they have the most at stake and
would give other ideas of what their costs would be and what they could
swing. Also, to involve the Chamber of Commerce for their input.
miMrs. Battin said that recognizing the need for a vital center as the
community's civic, commercial, social and cultural focus, a plan for re-
vitalizating the center shall be prepared by the Town, the Chamber of
Commerce, Lexington banking and lending institutions, Lexington indus-
tries, with the advice and assistance oftheExecutive Office Communities
and Development. Such a plan shall be completed by November 1, 1981
and submitted to the appropriate Town Boards, Town Meeting Members,
Selectmen's Meeting
- 7 - November 5, 1979
commercial interests and citizen groups for action. It shall include but
not be limited to methods of achieving commercial diversity, increased
social and cultural activity, improved traffic flow and increased parking.
Mr. Kent said that he had some suggestions in terms of maximizing
parking available for shoppers in Lexington center which involves a
correlative downgrading of all -day parking.. This, in part, involves
the situation along Mass. Avenue but it also involves the way in which
we treat a substantial segment of the lot in back of Depot Square. He
would hope with our institution_ of the bus service, we would have more
justification rather than less for devotion of more parking spaces to
transients and less to permanent all -day parking in that particular area
of town.
Chairman Miley said she sees people still feeding meters and still
parking for half of the days by meters that have expired.
Chairman Miley said the goal that has always been important to her
is bring forward better communication; we are working toward it but we
need communication between towns and cities as well as communication
among ourselves. We have had meetings in the quadrants of the town,
our meetings with the different boards and committees, and with Mrs.
Battin as president of the Mass. Selectmen's Association perhaps we will
be able to keep in even closer touch; we are keeping in closer touch than
ever with our legislators.
Regarding center revitalization, Chairman Miley said there was another
study done by the Planning Board in connection with the League of Women
Voters and perhaps we could refer to that. She suggested that a program
be put together, with input from DCA as Mrs. Battin suggested. The Board
agreed.
The Board discussed the goal to increase sources of revenue - de- Tax
crease reliance on property tax. Mrs. Battin recommended that Lexington Reform
should take the lead in initiating and maintaining a sustained effort
through the Mass. Municipal Associations and related municipal organize- Revenue
tions or, if necessary alone, a tax reform study with a view to filing Source
comprehensive legislation no later than December, 1982. The Manager's
office shall study and report to the Selectmen no later than December,
1980 all ways of increasing non tax revenues. This study and recom-
mendations for action should include but not be limited to the develop-
ment of an administrative process forseeking out and aggressively pur-
suing available federal and state funds for all town services and sug-
gestions for institutinguIees and increasing. town fees for licenses,
permits, etc. The Lt. Governor's office is trying to make sure that people
learn, especially small towns, what state and federal funds are available.
The big thing is tax reform and we may be doing it slightly alone as she
had brought it up at the Mass. Selectmen's Association and they seemed to
think that tax reform was a dead issue; that this legislature was never
going to shift the burden of taxes to some other than: There was no re-
sponse from them about doing anything but we might think about writing a
letter to them and formally ask them to reconstitute the tax reform study.
If not, we could think about another way of doing it.
Selectmen's Meeting
Navemh.ez 5, 1980
Mr. Kent said Mrs. Battin's timing is good and a comprehensive study
can't be produced any more quickly than that and it is a case of finding
somebody who is willing to do it; it has to be a professional effort.
The timing of 1982 isn't bad,:.and it then becomes a political issue in
the context of a political campaign of that year.
Mr. Buse said that if we are going to look at the tax base increase
and tax reform in the sense of taxing industry and businesses to relieve
the tax burden on homeowners, you can't have your cake and eat it too.
We are trying to revitalize Lexington Center and to increase a tax base
in Lexington, you have to have a tax base of equal benefit to everyone.
We have to look at the overall picture..:..If:we:'.end up taxing industry,
we might end up like Lowell. The tax burden would be so high that the
only ones to survive in Lexington would be the large corporations.
We want to encourage people to come to Lexington center or rezone other
areas.
Chairman Miley said that when revaluations come through, maybe there
are some businesses we don't even know are here.
Mr. Crain said that this is a difficult area, and asked if there
would be value in seeking volunteers from people who have the interest
and qualification to take a look at our situation and suggest some
alternatives as to action that might be taken to increase the tax base
rather than having it grow as it is.
Chairman Miley said there are people who are interested in tax re-
form who would come forward.
Mrs. Battin said to increase the tax base, the town should make a
thorough analysis of the consequences of a limited expansion of commer-
cial and industrial land and study the suitability of establishing an
economic development commission to encourage and control the use of such
property. These would be just routine things but as Mr. Crain says, to
really look at the whole thing whether -it is commercial or more intensive
uses. Again, these are areas in which the study - in one place, we do
our own internal one and the other one we urge others to join us in doing
tax reform.
Chairman Miley said the call is out.
Financial The Board discussed the goal of financial management. Mr. Crain said
Management the ultimate goal is to achieve tax stabilization but when one considers
the solid waste, unquestionably in the 5 -year period we are focusing on
it is going to be more costly. The rate of inflation is the highest
we've ever seen. Unfunded pension liability: pension costs just on a
cost needs basis are going to increase about 77 percent in the five
years we are talking about, $1 million to $1.9 million. We should face
up to that. The Manager, Comptroller and Treasurer have done an excellent
job in providing projections of what we are confronted with, and he did not
know that a study or a citizens' committee is going to do much for us.
Mr. Hutchinson goals were to continue cost containment and consolidate
where possible. Specifically, investigating items such as making civilian
dispatchers in the fire department, closing the schools; also, to expand
on what the School Committee raised to the Board the idea of centralized
maintenance division for the schools and the town, and this should be
addressed. And to look at a centralized management system; we do have
duplicate systems by law with the school and the town but there is a
possibility over a period of time that we do something there. It is a
1
1
1
Selectmen's Meeting - 9 - November 5, 1979
difficult area but a task force might be worthwhile for the Selectmen and
the School Committee to appoint jointly, and require that the Superintendent
and the Manager be on that committee; to try to come up with something com-
prehensive this year or within a couple of years. We have done some modest
work with the School Committee on the data processing system. The inflation
rate is important; to recognize inflation as it relates to the employees'
incomes. The idea of a continued political dialogue with our federal and
state legislators is important to any financial stabilization of the com-
munities within the Commonwealth. This board has addressed them about
general revenue sharing and it was Mr. Hutchinson's understanding that
it may be in trouble at the state level and if it is cut back on revenues,
you can be sure it is going to take a look at other areas that distribute
monies including cities and towns. So there is a whole cyclical effect here
and it is important that the style ought to be sustained at all levels.
The point Mr. Busa raised on revenue, he had covered by recommending to re-
view zoning and other compatible land in order that a compatible development
can take place. On center revitalization, Mr. Hutchinson's goals agreed
with the Board's; however, there may be zoning or Historic Districts Com-
mission constrictions that may compromise them.
The Board discussed the goal for employee development capacity. Mrs.
Battin offered: expanded commitment to employee development at all levels
to allow for career growth, more competitive opportunities and greater
identification of responsibilities. Also, by December, 1980, expanded educa-
tional and in-service training programs shall be instituted to upgrade em-
ployees' techincal, managerial and interpersonal skills.
Mr. Crain said he feels very strongly about this area, and offered the
following: (1) By January 1 to create a procedure to identify town employees
who demonstrate the capacity for growth and promotion; (2) By March 1, 1980,
to determine in conjunction with those individuals a desirable career path
and a target job; (3) To establish a plan to develop the skills required
through a combination of job and educational experiences - that to be done
by June 1; (4) Continue to update this. The individuals may change but
the objective is to develop a conscious program to identify employees
with potentials and to provide them with maximum opportunity to develop,
with an objective of creating a pool of internal available resources
to be considered as significant job openings occur. Eventually, we would
always have a viable internal candidate to consider in addition to anyone
from outside.
Mr. Kent said that Mrs. Battin used the term "interpersonal skills"
and Mr. Crain does not focus on that one aspect, namely, the subject of
employee relationship with citizens in the community. Mr. Crain would
like to include that. The Board agreed. The Manager's office is to
draft a set of objectives for further discussion at a later meeting.
Upon motion duly made and seconded, it was voted to appoint Mrs. Acting
Nancy Banks as the Acting Town Manager for the period of November 11 Manager -
through November 14, 1979. Acting
Upon motion duly made and seconded, it was voted to appoint Mr. Chairman
Robert B. Kent as the Acting Chairman of the Board for the period of
November 10 through November 12, 1979.
Sewer Con-
' nection -
26 Saddle
Club Rd.
New Town
Engineer
Betterment
Deferment
Policy
Executive
Session
Selectmen's Meeting
- 10 - November 5, 1979
Mr. Hutchinson recommended approval of a sewer connection to
26 Saddle Club Road.
Upon motion duly made and seconded, it was voted to authorize
the Manager to proceed with the implementation of the connection
of the property at 26 Saddle Club Road to the sanitary sewer system,
with a betterment assessment in the amount of $1,352.88.
Upon motion duly made and seconded, it was voted to approve the
recommendation of the Manager to sign the proclamation declaring the
week of November 12 - 18, 1979 as Emergency Medical Services Week in
recognition of our EMTs.
Mr. Hutchinson informed the Board that Mr. Michael Hanlon, a project
engineer with Metcalf & Eddy since 1971, has accepted the position of
Town Engineer and will assume his responsibilities on November 19. He
has a B.S. in Civil Engineering from Northeastern University and is a
registered professional engineer in Massachusetts, Maine and Connecticut.
Mr. Hanlon has had extensive experience in the designing of trunk and
lateral sewers and pumping stations; experience with all phases of
highway design; considerable experience dealing with citizen groups
and public employees in his private sector capacity.
In.response to Mr. Crain's request, Mr. Hutchinson agreed to contact
surrounding towns and submit information on their policy of deferring
payment of betterments with or without interest. Lexington defers
without interest.
Upon motion duly made and seconded, it was voted 5-0 by roll call
vote - Mrs. Miley, Mr. Busa, Mrs. Battin, Mr. Kent, Mr. Crain - to go
into executive session for the purpose of discussing concerning land
and litigation, with no intention of resuming the open session.
After discussion, it was voted to go out of executive session.
Upon motion duly made and seconded, it was voted to adjourn at
10:10 p.m.
A true record, Attest:
11-272
al -
Executive Clerk, Selectmen
_5f)J
SELECTMEN'S MEETING
NOVEMBER 19, 1979
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, November 19, 1979,
at 7:30 p.m. Chairman Miley, Mr. Busa, Mrs. Battin, Mr. Kent, Mr. Crain;
Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Mrs. Banks,
Assistant to the Town Manager; Mrs. McCurdy, Executive Clerk, were
present.
Mrs. Martha Wood, Chairman, and Mr. Robert Bowyer, TMMA Executive TMMA -
Committee, met with the Board regarding changes in the warrant format. Warrant
Among the recommendations were (1) The operating budget to be placed Format
in logical sequence and henceforth not to be know specifically as
Article 4. (2) Development of guidelines for proponents to follow
on submission of citizens articles. (3) Print the complete reworded
relevant sections of amended by-laws. (4) Additional comments by
boards, committees other than the Appropriation and Capital Expendi-
tures Committees. (5) Include an explanation if a 2/3 vote is re-
quired. (5) Prior to December 1, the Board of Selectmen should send
a letter to all town boards, etc. informing them of the closing date
of the warrant and soliciting further suggestions for improving the
warrant.
After discussion, the Board agreed to take the recommendations
under advisement and to schedule a later meeting with TMMA members.
Chairman Miley said it will be an agenda item for the breakfast meet-
ing on December 7 with the Chairmen of Town Boards and Committees.
The Board approved the following agenda items:
Upon motion duly made and seconded, it was voted to approve Certificate
113 Hartwell Avenue as the mailing address for IL Charitable Founda- of Incorp.
tion, Inc. Also, 55 Middleby Road as the mailing address for the
Bridge School Extended Day Program, Inc.
It was voted to table the Wayside Square Condominium Associa-
tion, Inc. pending further information on the location.
Upon motion duly made and seconded, it was voted to approve 1 -Day
1 -Day liquor licenses for W. R. Grace Company Employees Association Liquor Lic.
retirement parties on November 29 and November 30, 1979.
Upon motion duly made and seconded, it was voted to sign the Proclama-
Proclamation declaring that the timeJfrom this date to December 28, tion
1979 shall be a time for enlisting financial support from the citi-
zens to keep the portraits of Martha and George Washington in New
England.
Upon motion duly made and seconded, it was voted to approve the Minutes
minutes of the Selectmen's meetings of August 27 and September 24, 1979.
Selectmen's Meeting - 2 - November 19, 1979
Resigna- Upon motion duly made and seconded, it was voted to accept with
tion regret the resignation of Mrs. Joyce Hais as a member of the Trans-
portation Advisory Committee.
1980 Liq. Upon motion duly made and seconded, it was voted to renew the
Licenses Package Goods liquor licenses for Berman's Market, Inc.; 1775 Wine &
Package Spirits Shop, Inc.
Stores Upon motion duly made and seconded, it was voted to renew the Club
liquor license for the Lexington Council 994 Knights of Columbus Build -
Club ing Association, Inc.
Upon motion duly made and seconded, it was voted to renew the Com -
Common mon Victualler liquor license for Yangtze River Restaurant.
Vict. The Board deliberated on the application from Peking Gardens for
renewal of its liquor license. A health problem on the premises had
recently been reported by the Health Director. Mr. Hutchinson informed
the Board that the owner had taken steps to correct the problem.and he
will contact the owner again to express the Board's concern that the
conditions be rectified and completely under control. Mr. Crain stated
that they should do their own policing and it should be made very clear
that he would be completely intolerant of recurring conditions.
Upon notion duly made and seconded, it was voted to renew the Com-
mon Victualler liquor license for Peking Gardens Restaurant.
Sewer Mr. Cohen recommended that the Board approve the request of the
Bettermnt Lexington Golf Club for further deferment of sewer betterment assess -
Deferment ments; they have withdrawn litigation against the town.
Lex. Golf Upon motion duly made and seconded, it was voted to again defer
Club payment of sewer betterment assessments against property owned by the
Lexington Golf Club located on Lot 27, Map 58, Hill Street, in the
amounts of $3,061.68 and $1,331.41, without interest, until said land
or any part thereof is built upon, sold or until the expiration of three
years from this date, whichever event occurs first; provided, however,
that this extension of time shall terminate immediately if said land or
any portion thereof is built upon or sold.
Dog
Hearing
Douglas/
Maddox
Mr. Busa discussed the dog hearing he conducted on October 31 on the
written complaint of Patricia C. Maddox, 64 Paul Revere Road, that a dog
owned by Scott Douglas, 60 Paul Revere Road, is a nuisance by reason of
excessive barking. Mr. Busa said it appears to be a situation between
two neighbors who live on small lots. He recommended that the dog be
equipped with an anti bark training collar while it is out during the
day, and the dog is to be brought into the house by 8:00 p.m.
Upon motion duly made and seconded, it was voted to accept Mr. Busa's
recommendations and to issue an order to Ms. Nilda Douglas, 60 Paul Revere
Road, that the Board of Selectmen has determined that the German Shepherd
dog_ licensed to and kept by her at 60 Paul Revere Road is a nuisance by
reason of excessive barking and within fourteen days shall be kept under
the following restraints: 1. Equip the dog with an anti -bark training
collar while it is out during the day. 2. Bring the dog into the house
by 8:00 p.m. each evening.
10
Selectmen's Meeting - 3 - November 19, 1979
Representative Lincoln P. Cole, Jr. and Senator Samuel Rotondi met Meeting
with the Board. Chairman Miley welcomed them and said we would like to With
discuss a list of policy questions. Legislators
"Can we remove the legislature and defer to the Advisory Board in
the county budget process?" Mrs. Miley said the county budget is some-
thing she was concerned about and she was very distressed after the Ad-
visory Board having voted against the $18,000 position on tourism, it
was voted anyway. Now, we have one more job in the county and there
will be other people to staff that. Senator Rotondi said the informa-
tion given the Senate was by statute that position had to be in place
prior to about $100,000 coming to Middlesex County. The state was the
One really behind the statute to begin with and the commerce group in-
fluenced the passing in order to have the position in place to be able
to dispense the money when it was sent down. Mrs. Miley said the argu-
ment of the Advisory Board was that this was a duplication of the state.
"What is the status of state absorption of all court related costs,
particularly rent?" Mr. Kent said that Senator Rotondi sent us a letter
suggesting that the problem went back to the limitations that were in-
cluded in the 1980 budget and then a provision that it was up to the
County Commissioners to negotiate that rent with the appropriate state
agency but for not more than an amount which was set in the '79 or '80
budget. Letters from County Commissioners suggested we needed to talk
with our representatives in the legislature about this. Senator Rotondi's
letter indicated that it was up to the commissioners to negotiate. Mr.
Kent felt the letter indicated that the state people with whom the com-
missioners were to negotiate rent had such a low limit placed upon their
authority that without additional authority by law from the legislature,
as a practical matter, these costs of operating those courthouses are
going to continue toj$ejabsorbed by the counties, and thus by the com-
munities. Mr. Ken -FFiiad (rouble withthis in the light of the enthusiastic
support that both we and you gave to the court reorganization bill.
Senator Rotondi said it doesn't necessarily have to follow that we are
going to absorb it all at the county level. Back when the court was
recommending an adequate amount of money per sq. ft. for court facilities,
the Governor wouldn't hear of it and his Administration & Finance group
cut it down substantially to the point now where $5.7 million put into
that budget last year represents about $1.40 per sq. ft., which is
totally inadequate. The cutting by A & F was so severe that they began
to cut the square footage of the hallways in the courts, and that is not
included in our fiscal budget this year. We have set in place in the
statute a committee that will look into the very issue of court facilities,
their space, appropriate rental fees, and even the look down the road of
taking them over. A study will be done by June and we should wait and
see what the report says. Also, it makes sense for the County Commissioners
to exercise the power they have under Chapter 29 to get the processes going
so we can finally take a look at what we've got and fund it accordingly.
Selectmen's Meeting
- 4 - November 19, 1979
"MBIA - The Advisory Board should be supported as an organization so
that municipal concerns are addressed.." Chairman Miley said we included
this as there is some talk around the state house to do away with the
MBTA Advisory Board or at least diminish its role. Representative Cole
said he had no objection to doing away with the Advisory Board if the
state assumes all costs of the MBTA. Mr. Crain expressed his concern
about the monitoring and control functions. The current advisory function
is providing very penetratingly, critical monitoring of the MBTA.
MBTA assessments were discussed and Mr. Hutchinson said we have problems
explaining to people what they are getting for that money. In his opinion,
the receivership argument has real merit.
"Massport Authority - What are the facts on a permanent Hanscom
Advisory Committee?" Chairman Miley said that over the years the com-
mittee seems to be losing its strength, and she asked about the legis-
lation that is being filed again? Representative Cole said he had
talked to Mr. Kent about filing a bill. Senator Rotondi said he would
join them. He added that Mr. Davis of Massport has shown a great deal
of respect for the Advisory Committee and the hope for its future.
"What is the status of a pension reform bill?" Mrs. Battin said the
Massachusetts Municipal Associations will file legislation to set up a
blue ribbon study commission similar to the civil service reform com-
mission, to study pension reform and include representatives of the
municipal side also. We wondered what your feeling is about the chances
of the legislation passing? Senator Rotondi said this will come before
his committee, the Pension Subcommittee, and they are looking into areas
not only on pension liability but investment of pension capital. As far
as what is going on in' the' meantime, the state has done a pretty good job
of reaching the goal of 100% funding at least on a 40 -year amortized basis.
Mr. Crain said we are keenly aware in this town that our 5 -year projection
of $1.1 million dollars currently being absorbed out of operating expense
is going to become $1.9 million. We have to face up to unfunded liability.
Representative Cole said that some towns do not want to appropriate money
and put it on the tax rate. Mr. Crain said they are going to have to
pay double downstream.
"Tax reform — Would you support legislation that continues to providde
sharing of state revenues with the cities and towns?" Mr. Hutchinson asked
what they see happening with the property tax taking so much? There is a
real concern and petitions will be coming out. Representative Cole said
that any petition going around to cut taxes is going to appear on a ballot,
and chances are very good that it will pass. The real problem is that
the programs you will want to have, the public is not going to concern
themselves with when they make their vote. If a tax limitation proposal
is approved, state and local governments are going to face dilemmas as
cutbacks will be mandated. If anything ever needed to be addressed, it
is tax reform. He had filed a bill for the state to take over the cost
of public education up to a level, so there is a uniform level across the
state; if the city or town wants to go above that level, they do so at their
own risk. At least you would have a minimum education which would be equal
across the state.
Selectmen's Meeting - 5 - November 19, 1980
Mrs. Battin said the Massachusetts Municipal Associations Board
of Directors voted unanimously that we constitute a tax reform coma
mittee to seriously look at tax reform that we could support decreas-
ing reliance on the property tax; the committee will be'formed
this year. We will file legislation a couple of years from now.
Senator Rotondi said the position is going to be difficult. The 2.5
is one that responsible people are going to have to beat back by any
way they can; it should be opposed and he will do that. An alterna-
tive to the property tax vis-a-vis educational costs is simply not in
the future with the type of objections we have with the revenues going
down this year. He didn't see the federal and state governments par-
ticipating in any greater amount in local educational costs. On binding
arbitration, several years ago, Senator Rotondi was opposed to it and
was on the side of the Massachusetts Municipal Associations. Now, he
finds himself in a strange position of opposing them because of their
support of police and fire attempts to do away with written opinions
regarding binding arbitration awards.
Mr. Hutchinson asked if there is any chance of the expansion of the
sales tax, which is a legitimate source of revenue? Rep. Cole did not
see this happening, at least in the coming year. Sen. Rotondi said
with the revenues projected the way they are now, we could be forced
into a situation where we would have no choice. The idea of the sales
tax was that it was going to local aid.
Representative Cole discussed the state audit and said that over the
years it has been a combination of MBTA management and the advisory board
not facing the problems that existed at the time, and they did not put in
enough money for maintenance. Mr. Crain said the problems are very com-
plicated, very diverse, covering the way nevenue--is;'.co ntrolled - covering
the way new equipment is ordered and front -ended, paid for and not received;
labor policies to allow overtime in the case of one individual of $22,000
a year. As he read the audit, it is going to require some extraordinary
measures and a lot of very professional management.
Municipal Financial Disclosure was discussed and the legislators were
informed that Mr. Kent had put together a position to be submitted to the
State Ethics Commission.
Fiscal Notes - Rep. Cole and Sen. Rotondi would support legislation.
Mrs. Battin said the Municipal Associations will file a bill.
Administrative Procedures - The Board isc.ta.receive a bulletin giving
the dates of hearings. Chairman Miley added if something important comes
up, we would appreciate a call.
Tenure for the position of Building Inspector. Senator Rotondi said
the original bill gave unlimited tenure to all Building Inspectors and we
said no to that, but recognizing in some communities there was a difficult
practice going on where he had difficult decisions to make, we thought a
2 -year period and every two years would be a sufficient one. Mr. Kent said
the surprising aspect of that bill is the municipal associations didn't
pick up its existence until it was on the Governor's desk on the first go -
around. The point is, for the legislature to mandate for all of us -
taking tenure for Building Inspectors away from the decision-making
process of Boards and Town Meeting - I have trouble with it.
Selectmen's Meeting - 6 - November 19, 1979
Senator Rotondi said the bill only impacted certain communities
who were non -civil service communities; Building Inspectors in com-
munities with civil service have tenure anyway.
Mr. Kent said that is the point. Who should say whether a comp-
munity is going to be civil service on a matter of this character?
That is a matter for the community itself to determine.
Senator Rotondi said he wished that opposing view was brought
before the committee. The facts they got were that ever since the
imposition of our new building code, the numbers of firings throughout
the state were staggering. TheState Building Inspectors' group came
in with evidence and no one contested it.
Support for Middlesex Community College's capital improvements
program. Chairman Miley asked if there were any recommendations.
Representative Cole said the part he could become involved in is the
operational budget, and each year he works on that. As far as build-
ings are concerned, the Advisory Board must write letters and make
telephone calls. If you want some action of a particular problem,
quote how well the other community colleges seem to be making out.
Senator Rotondi said no. one had approached him. ,Chairman, Miley
asked for their support.
Chairman Miley thanked Representative Cole and Senator Rotondi
for meeting with the Board and hoped they would come in on a more
regular basis.
Historical Mrs. Anne Grady, Chairman of the Historical Commission, met with
Commission the Board to discuss listing Lexington properties for the National
Register of Historic Places. Mrs. Grady said they would finish a
survey of the town and then prepare a preservation plan. The in-
formation would be sent to the state and used by them. Mr. Busa
asked if they were going to get into personal property, and it was
agreed that research should be done on the ramifications of in-
cluding more buildings and properties.
Upon motion duly made and seconded, it was voted to table the
matter pending a meeting of Mr. Busa and Mr. Cohen to discuss the
legal ramifications of adding to the Historical Commission's list.
Chairman Miley said the Board would find it useful if we could
get some experience of other communities, and the Historical Com-
mission should get that information to us.
Mr. Kent did not participate in the discussion or the vote.
Hanscom
Field
Chairman Miley read a recommendation from Mrs. Jacqueline Smith
that Lexington support the Town of Concord's request that we join with
them in endorsing their proposal that Massport designate a 101 -acre
parcel of land at the end of one of the runways at Hanscom for con-
servation -recreation use. In reviewing the map, no pieces of Massport
property within Lexington boundaries are affected by this.
Mr. Busa raised questions and said that if used for other than
conservation purposes, people could be in an area that would be
hazardous if it is near a runway.
Upon motion duly made and seconded, it was voted to table the
matter pending further information submitted by Mrs. Smith at the
next meeting.
Selectmen's Meeting
- 7 - November 19, 1979
Upon motion duly made and seconded, it was voted to call the Town
Election Day on Monday, March 3, 1980 with polling hours of 7:00 a.m.
to 8:00 p.m. It was voted to set the polling hours of 7:00 a.m. to
8:00 p.m. for the Presidential Primary on Tuesday, March 4, 1980.
It was voted to call the Annual Town Meeting on Monday, March 17, 1980,
at 8:00 p.m. in Cary Memorial Hall.
Upon motion duly made and seconded, it was voted to close the war-
rant on Friday, December 28, 1979, at 4:30 p.m. for the submission oaf
Articles for the 1980 Annual Town Meeting.
Mr. Nyles Barnert, Chairman of the Capital Expenditures Committee,
met with the Board, and said that his committee is concerned that the
policies used as a basis for determining the level of expenditures for
capital items for the Department of Public Works are no longer applicable
or adequate. In particular, we feel, (1) A policy is needed for sewer
construction beyond the sewer master plan approved by Town Meeting;
(2) Policy updates are needed with regard to street acceptance procedures;
(3) A policy must be formulated to utilize the result of the Comprehensive
Drainage Study for capital expenditures for drains; (4) Policy clarifica-
tions are required regarding use of non -town manpower for sidewalk, curb,
and water main construction.
Mr. Barnert said the committee needs direction and ybur decision to
come up with a capital plan. Chairman Miley thanked Mr. Barnert for
bringing these changes to the. Board's attention, and consideration will
be given to coming up with a plan.
The Board voted to approve the following items on the Manager's
agenda: The request of the senior class of the High School for a
road race on December 9, 1979, subject to the regulations of the
Police Department. To approve an increase in the amount of the bond
for Constable Roy Murphy from $3,000 to $5,000. To sign Contract
80-1-E, awarded on October 4, 1979 to Great Northern Construction, Inc.
in the amount of $297,570.64 for sanitary sewer construction in
Carville Avenue, Winship Road, Round Hill Road, Middleby Road, Ring
Street, Moon Hill, Wellington Lane Avenue, Robinson Road, Rockville
Avenue, David Road, and Bird Hill Road. Authorization under Article 19
of 1979.
Mr. Cohen discussed the recommendation of the Town Assessor to
revise the vote of October 29, 1979 to defer $2,685.39 in sewer better-
ment assessments levied on the property on Summer Street owned by
Robert P. Monahan and Agnes B. Allen, and to vote a deferment of
$2,168.31. .Betterments of $517.08 must be paid as they have been
committed by the Tax Collector.
Upon motion duly made and seconded, it was voted to table the
matter pending additional information from Mr. Cohen.
Town Elect.
Pres idential
Primary
Town Meeting
Close
Warrant
Cap.Expend.
Committee -
Policies on
DPW Capital
Items
Contract
80-1-E
Sewers
Constable's
Bond
Monahan
Sewer Bet.
Deferment
Selectmen's Meeting - 8 - November 19, 1979
Sewer Bet. Mr. Hutchinson recommended approval of Mr. Robert Cataldo's request
Deferment for deferment of sewer betterment assessment levied on his property.
Cataldo Upon motion duly made and seconded, it was voted under the pro-
visions of Chapter 159 of the Acts of 1950 to defer payment of the sewer
betterment assessment on Lot 31/60A, owned by Mr. Robert Cataldo and
located on Marrett Road, in the amount of $4,112.69, without interest,
until said land or any part thereof is built upon, sold or until the
expiration of three years from the date hereof, whichever event occurs
first; provided however that this extension of time shall terminate
immediately if said land or any portion thereof is built upon or sold.
Land Mr. Hutchinson recommended that the property requested by Mrs.
Purchase Laura L. Persily be conveyed to her, subject to an appraisal being
Persily made.
Upon motion duly made and seconded, it was voted to sell and convey
Lot 18, Map 59., Heywat&Avenue to Mrs. Laura L. Persily, 19 Heywood
Avenue, subject to fair market value being established by an appraisal
made by the Board of Assessors.
LEXPRESS Mr. Hutchinson recommended approval of the reduction in price of
PASS the unlimited pass for LEXPRESS.
Upon motion duly made and seconded, it was voted to approve the
recommendation of the Transportation Advisory Committee and the Town
Manager for a reduction in the price of the unlimited pass for LEXPRESS
from $30.00 to $25.00 per year, effective December 1, 1979 and expiring
in August, 1980.
Tax The Board agreed with Mr. Hutchinson's recommendation to establish
Policy a Tax Policy Committee to assess the impact of the initiative petition'
Com. proposals that are scheduled to be on the ballot in November, 1980.
With the talent and expertise in our community, a local committee could
prepare a report for the Board and Town Meeting on the impact of pro-
posed taxing legislation and even generate some suggested alternatives.
Mrs. Battin applauded the Manager's recommendation as it is very im-
portant - both the impact and the initiative petitions and how they
will affect us. We are looking for documentation for the municipal
associations to fight these as to how it will affect the sample number
of communities. She had brought it up at the meeting of the full Board
of Directors of the Massachusetts Municipal Association, and it was voted
unanimously to reconstitute the Tax Reform Committee, and perhaps in 1982
to file a tax reform proposal.
Executive Upon motion duly made and seconded, it was voted 5*+0 by roll call vote -
Session Mrs. Miley, Mr. Busa, Mrs. Battin, Mr. Kent, Mr. Crain - to go into executive
session for the purpose of discussing strategy with respect to litigation and
the purchase of land, 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
10:35 p.m.
A true record, Attest:
OC
Executive Clerk, Selectmen
SELECTMEN'S MEETING
NOVEMBER 26, 1979
A regular meeting of the Board of. Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, November 26, 1979,
at 7:30 p.m. Chairman Miley, Mr. Buse, Mr. Kent and Mr. Crain; Mr.
Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Mrs. McCurdy, Execu-
tive Clerk.
Mr. William Page, Chairman, Mrs. Martha Wood and Mr. Howard Cravis
of the Cable Television Advisory Committee met with the Board. Mr.
Page submitted the proposed calendar for the CATV franchising process
and said that if approval is granted this evening to initiate the pro-
cedure, the..time.:.span will be from January 2, 1980, to advertise for
proposals for a CATV system, to November 26, 1980 when the Board of
Selectmen will make a decision on each application and grant a pro-
visional license if they choose, and provide a written public state-
ment of the basis for their decisions. This schedule will approximately
parallel the Boston process. The option is to proceed under the old
regulations or to apply for a waiver, which would eliminate the second
set of solicitations and would save several hundreds of dollars. The
committee discussed the possibility of having a. warrant article for
discussion of community access but decided not to propose it but to
have it in the report; we would put strong emphasis on that in nego-
tiations with the cable companies. We would be able to come in a year
from March with a specific dollar proposal about support for this in
negotiations about how much the cable company will provide and how much
the town would support. We don't have the basis now but it won't be
this year. The committee recommends applying fora change from operat-
ing under the old regulations to operating under the new licensing
regulations. Mr. Buse felt that the committee is correct in going
with the new rules. The old rules, in his interpretation, would give
a false impression as to what cable companies would be giving you,
and then when they realize what the town wants and what other com-
panies are proposing in their contract, they would revise their con-
tracts the second time around. We have been talking about CATV for
9 to 11 years, and we should proceed with caution and great care
as we are the pioneers. Mr. Busa moved that the town proceed with
the process.
Upon motion duly made and seconded, it was voted to proceed with
the State mandated licensing process for cable television.
70
The Board discussed the format for the 1980 warrant with Mrs. Wood, 1980
TMMA Executive Board. Mrs. Wood said that they have suggested putting Warrant
the articles in some sort of logical sequence, which would then change TMMA
Article 4 from being standard to a floating article to be known as the
operating budget. After discussion, the Board agreed not to change
this year. Other TMMA suggestions were not supported by the Board be-
cause of the expense involved. Mrs. Wood said that she and TMMA members
would assist the Manager's office in the final compilation of the warrant.
U1
Arthur
Andersen -
Town
Audit
Selectmen's Meeting
- 2 - November 26, 1979
Mr. James Russell, Mr. John Mackey, and Mr. William Qwon of Arthur
Andersen & Co. met with the Board to discuss the financial statements
of the Town of Lexington as of June 30, 1979, together with an auditors'
report. Mr. Russell said that the Board was provided with a copy of
the financial statements and the.management..J!etter *was_submitted to
the town on September 30. The outline which accompanies the financial
statement was something new this year and the type of data contained in
this is the type .of output that we would like to see from an interim or
internal financial management system. We alluded to this two years ago
in our management letter. Lexington stacks up well with other towns.but
it is important to establish benchmarks.for performance.in terms of evalu-
ating progress or lack of progress in financial areas, and we hope that
the outline is helpful in moving the town in that direction. As part of
our conduct of audits of our clients as of June 30, 1979, the firm of
Arthur Andersen attempted to develop productivity data and we undertook to
accomplish the completion of a municipal productivity checklist, (.As part
of the audit of each one of our towns, the audit team visited four of the
town departments, fire, water, assessors and sanitation, and we obtained
data which related to the input within the department - people, equipment
and dollars. We also attempted to derive output of each department, i.e.,
the number of calls, water meters read per day, number of real estate bills
processed, etc.; statistical data related to the services rendered by these
departments. This data was compiled on a computer and we submitted a re-
port to the Town Manager on the comparison of these productivity measures
on a per capita basis. We compared the output measures of the Town of
Lexington to other towns. The message is not so much what that particular
report indicates but rather the importance of the finance committees focus-
ing on departmental output as an integral part of the budgetary process.
We believe that you can only evaluate the budgetary requests in their proper
perspective when you have an appreciation of the quantities of the services
rendered by these departments. More importantly, a proces.s.such as that
would enable the town to refute any criticism that is leveled against it on
the part of perhaps the beleaguered taxpayer who would contend that perhaps
there is a lack of productivity or there is a lack of services of a lack of
opportunities for cost reduction. What each town needs to bring into the
process is an enlightened process whereby you would focus on these outputs.
It is an attempt on our part to develop a dialogue as part of the budgetary
process to look at what we believe is a very important factor.
Mr. Crain said that if the universe that one compares against,lif that
data is on a selective basis, it is not necessarily relevant to this town.
There is a real danger. Your strong point about finance committees could
be misconstrued if one did not understand the importance of interpretation.
Some towns may have certain functions done so that the broad guage indicator
of water bills for employees may not be indicative of anything. He had a
problem with the suggestion that a finance committee can look at a universe.
Mr. Russell said that it is for establishing a benchmark for what:you think
your water department should be doing, and that's the basic misunderstanding.
Mr. Crain said that his problem is with providing material which one doesn't
understand what, the process of the method is - whether an agent does that
or whether the town employee. He would caution that you have to be very
careful where that material is used. Chairman Miley said that finance
committees vary a great deal in towns. The role of the Appropriation
Selectmen's Meeting
- 3 - November 26, 1979
Committee and the Capital Expenditures Committee is to recommend to the
Town Meeting certain issues on the budget. In other towns, finance com-
mittees act on a budget as it is brought up. Different towns need
finance committees differently. Mr. Russell said the focus of the in-
formation is to help the administration of the town to manage their
business in the town. Mr. Hutchinson said that he did emphasize Mr.
Crain's comments when he looked at the data. Municipal productivity,
no matter how much is written on it, is really in its infancy, and it
is very difficult. Mr. Crain said that whenever one uses productivity
Vases, it is extremely important to make sure you are comparing appl6s
with apples; it is very difficult to do when you are presented with a
universe_that is not identified. It may be useful as a broad guage
indicator but he would underscore that people do their best to under-
stand what they are dealing with before they jump into it. Mr. Hutchin-
son said that we are looking 'at it as another information resource.
Mr. Russell expressed his appreciation of the complete cooperation of
Mr. Hutchinson and Mr. Perry. He said that they have completed their
third year of an audit and the process is becoming a more expeditious
one.
Mr. Busa temporarily left the meeting during the discussion of
the following liquor licenses.
Vinebrook Bottle Shop, 55 Bedford Street, 8:00 a.m. to 11:00
p.m. Monday through Saturday. Mr. Kent asked Mr. Hutchinson if he
had any general or specific observations with respect to renewal or
with respect to the hours of all applicants. Mr. Hutchinson said
that he had not received objections to any of the items. Mr.
William Spencer said with respect to Vinebrook, the Board will
recall that there was a discussion of the opening of Hancock Avenue
which may or may not have related to the Vinebrook situation, and
he asked if the Board was aware of any further discussion, rumors,
etc. Mr. Hutchinson replied that we said at that time we had no
intention of dealing with that matter and we have not done so.
Chairman Miley said that she had heard no one bring it up again
as a question to come before this board.
Upon motion duly made and seconded, it was voted 3-0to-renew the
Package Stores liquor license to Vinebrook Bottle Shop with the hours
of 8:00 a.m. to 11:00 p.m.
Upon motion duly made and seconded, it was voted 3-0.:tcr:ren the
liquor licenses for the following:
Busa Bros. Liquors, Inc. 131 Massachusetts Avenue, 8:00 a.m. to
11:00 p.m. Monday through Saturday.
Lexington Liquor Mart, Inc.,, 58 Bedford Street, 8:00 a.m. to
11:00 p.m. Monday through Saturday.
Lexington Golf Club, 55 Hill Street, 11:30 a.m. to 8:30 p.m.
Monday through Thursday; 11:30 a.m. to 12:00 Midnight Friday and
Saturday; 12:00 Noon to 10:00 p.m.' Sunday;. Holidays by special
permission of the Board of Selectmen.
1980
Liquor
Licenses
Selectmen's Meeting - 4 - November 26, 1979
Sheraton Lexington Motor Inn, 727 Marrett Road, 11:00 a.m. to 12:00
Midnight 7 days; Dining Room service to 12:00 Midnight.
Lee Ann's Restaurant, Inc., 1720 Massachusetts Avenue, 11:00 a.m. to
12:00 Midnight Weekdays; 11:00 a.m. to 12:00 Midnight Sundays as long
as the dining room is open but not later than 12:00 Midnight.
Berkhout Corp. d.b.a. LeBellecour, 10-12 Muzzey Street, 11:00 a.m. to
11:00 p.m. Monday through Saturday; 12:00 Noon to 11:00 p.m. Sunday.
Lexington Lodge of Elks, 959 Waltham Street, 5:00 p.m. to 12:00 Midnight,
Monday through Friday; 1:00 p.m. to 12:00 Midnight Saturday; 1:00 p.m. to
11:00 p.m. Sunday.
Bora Bora Mr. Cohen informed the Board that there is a new owner of Bora Bora,
Hearing Inc. and application has been. made for a new license; this will require a
Date hearing, which could be held on December 17. They have to go before the
Board of Appeals on December 20 and if the Board grants approval, it
could be subject to the decision of the Board of Appeals.
Upon motion duly made and seconded, it was voted 3-0 to set the
hearing date of December 17 for Bora Bora, Inc.
Mr. Busa returne&to_the .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 a.ueal
estate negotiation, with the intention of resuming the open meeting.
After discussion, it was voted to go out of :executive session and
resume the open meeting.
Town Mr. William Fitzgerald, Chairman of the Town Celebrations Committee,
Celeb.- and Brig. General Calvin Chapman, Commander of the Massachusetts Council
Battle of Minutemen and Militia, met with the Board to discuss permission for
Reenact. the reenactment of the.British retreat to be conducted on Sunday, April 20,
1980. Gen. Chapman said that:the two groups had met and agreement had been
reached on final plans. However, funds would be needed for police control
and D.P.W. involvement. The Board agreed to va.te formal approval at the
next meeting.
Hans com/
Mas spo rt
Concord
Chairman Miley read a letter from the Mystic Valley Mental Health
Center regarding the availability of School.properties,,:+perhaps> Parker.
After discussion, the Board agreed it did not wantto change the use
which was voted last year. MVMH is to be informed by letter of the
Board's decision.
The:.Board:dis.cussed the request from Concord that Lexington join
with them in endorsing. the proposal that Massport designate a 101 -acre
parcel of land at the end of one of the runways for conservation
recreation use. Mr. Cohen recommended that the Board approve the re-
quest as it was included in the master Massport plan.
Upon motion duly made and seconded, it was voted to approve the re-
quest that Lexington endorse Concord's proposal that Massport designate
a 101 -acre parcel of land at the end of one of the runways for conserva-
tion -recreation use.
1
Selectmen's Meeting - 5 - November 26, 1979
Mr. Cohen recommended approval of a request, through an attorney, to Tax
purchase a small parcel of tax title land of low value located on Sunny Title
Knoll Avenue. There are some title problemsand the title is cloudy.
The property is of low value and would be sold for back taxes. Mr ..Kent
asked if other potentially interested people have been informed? Mr.
Cohen said that all the people on the street are from the same family
and they are not interested. Mr. Kent added that a portion of the legal
expenses should be borne by the party acquiring the land. The Board
agreed.
Upon motion duly made and seconded, it was voted to authorize Town
Counsel to negotiate the sale of a small parcel of tax title land located
on Sunny Knoll Avenue.
Mr. Hutchinson said tha e f m the Reed Street residents Reed St.
regarding institutionalizati f feesiu eer tia ieighborhoods appears to be Human
an appropriate subject for the Human Se is Committee to work on with Servs.
these residents. He recommended that this be referred to the Committee Committee
and that Mr. French be notified of this. Mr. Hutchinson said that he
has notified the Building Commissioner to contact appropriate parties
involved in these types of proposals to contact neighborhood residents.
The Board agreed that the Human Services Committee should first address
their previously established priorities.
Upon motion duly made and seconded, it was voted to refer the re-
quest ofthe:ReeduStreet residents concerning institutionalization of
residential neighborhoods to.bhe,.Human:Services Committee, subject to
the understanding that the Committee address previously established
priorities.
Mr. Hutchinson recommended that the Board sign the test boring
contract.
Upon motion duly made and seconded, it was voted to sign Contract Test
80-4-E awarded on September 24, 1979 to Soil Exploration Corporation Borings
in the amount of $6,200. Authority is contained in Article 19 of Contract
1978 -Sewer Mains.
Upon motion duly made and seconded, it was voted to approve Cert.
2160 Massachusetts Avenue as the mail drop for Wayside Square Condo- Incorp.
minium Association, Inc.
Mr. Hutchinson informed the Board that the School Department has Dogs
authorized the posting of signs prohibiting dogs on school grounds Schools
and arrangements are being made to post the signs. We are looking Parks
at rules regulating the parks and playgrounds and will discuss them
next week.
Mr. Busa informed the Board that the Depositors Trust is concerned Depositor'
about the operation of Lexpress as they feel that their customers have Trust
to get out of the cars in the middle of traffic. They may take steps Lexpress
to put in a sidewalk if the town leases part of the land for $1.00.
Upon motion duly made and seconded, it was voted to refer the matter
to the Town Manager for a recommendation from the Transportation Committee.
Upon motion duly made and seconded, it was voted to adjourn at 11:05 p.m.
A true record, Attest:
Executive p
Clerk, Selectmen
VOID
q/
SELECTMEN'S MEETING
December 3, 1979
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, December 3, 1979,
at 7:30 p.m. Chairman Miley, Mr. Busa, Mrs. Battin, Mr. Kent and
Mr. Crain; Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel;
Mrs. McCurdy, Executive Clerk, were present.
Chairman Miley opened the hearing on sewers for consideration in FY 81
F.Y. 1981. She said an administrative hearing was held in Cary Hall Sewers
on November 1, 1979 and abutters were invited to attend. The Sewer
Advisory Committee participated and then reviewed and submitted com-
ments to the Board by December 3. Comments were received from the
Board of Health, Conservation Commission, and Planning Board by
December 3. The Sewer Advisory Committee is present this evening
and will ask questions and comment as requested by the Board.
Before making their final decision, the Selectmen agree to have
the specific recommendations of the Board of Health; petition re-
sults -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 the Town Meeting had approved $2.5 million
in 1978 to finish those areas of the town that would need sanitary
sewers now or in the future. We have been continuing with that pro-
gram since the authorization, and we have a Sewer Advisory Committee.
He introduced Michael Hanlon, the new Town Engineer, Peter Chalpin,
Assistant Town Engineer, and Frank Leahy, Senior Engineer. Mr. Hanlon
said we have completed one contract of $375,000, another for $300,000
is under construction, and we also have two contracts under design for
$750,000; tonight, we will propose another $1 million for work which
will come up at the next Town Meeting. There is still some additional
work which will have to come after that, and that will be about $230,000.
This represents a total of $2.6 million. If past history holds true,
our estimates are conservation as we have overestimated, and the future
work will be the same. In all likelihood, we will be able to do the
work within the $2.5 million authorization.
Mr. Leahy made the presentation of the following streets for the
construction of sewers:
Waltham Street from Concord Avenue to the Waltham Town Line, 800 feet,
8 houses involved and 1 vacant lot; responses to questionnaire
were 6 for and 1 undecided. It is recommended by the Board of
Health and the Sewer Advisory Committee. $58,400 estimated cost.
Selectmen's Meeting - 2 - December 3, 1979
Clelland Road in East Lexington, 120 feet, 2 houses and 1 vacant lot;
response was 1 for; recommended by Sewer Advisory Committee.
$8,760. The Planning Board recommended construction to the
last house, and Mr. Leahy said that Engineering recommends this,
and not service the vacant lots. Mr. Spagnulo was present and
said he was speaking in behalf of the Kingston Builders Corp.
and Max Kantor, another property owner, and potentially there
are 5 additional building sites and we are very definitely in
favor of any sewer service that would be put in on Clelland
Road. Mrs. Battin read the Planning Board recommendation that
it does not consider Clelland Road a street of adequate grade
and construction; there, in accordance with the definition of a
street in the Zoning By -Law and Subdivision Control Act, it can-
not be used as frontage for any new houses. The Building Com-
missioner has therefore denied building permits for any new
houses. The sewer construction should be shortened and not serve
to the vacant lots which cannot be used unless and until the road
is improved.
Pearl Street off Bartlett Avenue, 150 feet, 1 house and 1 vacant lot
involved; $10,950; sewer construction to finish up the area;
recommended by the Sewer Advisory Committee. Questionnaire
was not returned. The owner of the house involved was present
and was not in favor of the sewer. She asked which sidelof the_
streetthe sewer would be, whether it would go on top of a deep
drain in the street, and whether construction could be at some
future time? Mr. Leahy responded that the final design as to
which side of the street has not been done. Mr. Code, Sewer
Advisory Committee, said the committee was not aware there was
any objection, and thought it would be completed as part of the
whole package. Mrs. Fricker, Chairman of the Sewer Advisory Com-
mittee, asked about the policy on sewering, and If they are not
put into the package at this time, would they be permanently
crossed off the list? Mr. Hutchinson said it is very relevant
to those people who are opposing sewers right now that the general
policy of this Board right now - and each Board can change its
policies - in holding these hearings, if people do not want
sewers extended that while the Board will always listen to the
public if people want them cut out, it is very difficult for the
Board to extend them a wait of time and as part of. our• commitment
to the Board and others was that we wouldn't be bringing them up
again, certainly through the administrative process if in fact
they are being turned down. .One of the dangers you get into is
when people oppose sanitary sewers because they have no interest
in bearing the cost or may be in the process of selling their
property to somebody else, and if sold, we wind up with a request
from the new owner.
It was agreed that the owner of the one house involved could contact
the Engineering Division relative to any further questions she may have.
Selectmen's Meeting
- 3 - December 3, 1979
James Street, 755 feet, 11 houses, 2 vacant lots; 6 for and 1 against,
$55,115. Recommended by the Board of Health and the Sewer Advisory
Committee. Mr. Ralph Buker, 28 James Street, was present and said
he had no objection to the sewer but asked about the condition of
the street after construction. Mr. Hutchinson said we will leave
the street (unaccepted) in the same or better condition; there are
no provisions to upgrade the street. Mr. Sargent, 29 James Street,
and one other resident discussed the existence of ledge and mud.
Mr. Chalpin said when we leave, there will be gravel on the road and
we -will be eliminating the bumps and ledge that stick out; in some
degree, that will improve the travel on the road. The resident of
31 James Street was in favor of the sewer; she had not received questionnaire.
Hazel Road, 320 feet, 2 houses and 4 vacant lots, 2 for the sewer; $23,360.
This falls in the same category as Clelland Road and we are going to go
as far as the last house and provide sewer to a couple of vacant lots;
there are vacant lots beyond that. We will provide service to the houses
that are there. Recommended by the Sewer Advisory Committee.
Grove Street, 425 feet, 2 houses involved, 2 for; $31,025; Health problem
reported by the Board of Health.
Redcoat Lane, involves a gravity sewer of 110 feet, $8,000; force main, 160 feet,
with small..pumping station, $11,700; 4 houses involved, 1 for, 1 against.
Recommended by the Sewer Advisory Committee. David Weaver, 5 Redcoat Lane,
asked how the situation would be improved? Mr. Leahy said by providing the
sewer in the area, it would eliminate existing pumps in two basements,
and would service the other two houses in the low spots - #3 and #5. You
will be able to put your system into the town services without a pump.
Whittier Road, 390 feet, 4 hour s in olved, 4 against the sewer, $28,470.
The Sewer Advisory Committeepstated that the committee was reluctant to
recommend building a sewer where no one wants it, though the committee
thinks a sewer may eventually be needed on this street. Residents should
understand that they are permanently crossed off the list if they opt now
for no sewer.
Pleasant Street, Wilson Farm end, 620 feet, 6 houses and 1 vacant lot, at the
time of the questionnaire, 2 were undecided; $45,260. Recommended by the
Sewer Advisory Committee.
Pleasant Street, from Worthen Road up towards Watertown Street, 1300 feet,
5 houses:and 1 vacant lot involved; 4 for, 2 against, $94,900.
Mr. Ralph Dinunzio, 91 Pleasant Street, said he was not in favor of
the sewer; he has lived there 29 years without problems. Mr. James
Storer, 69 Pleasant Street, asked questions about damage to trees, the
depth of the sewer, where it would be located, and the cost. Mr. Leahy
said the sewer basically would be down the middle of the street; he did
not see damage to trees; the sewer would be 6 feet deep. Also, we have
betterments available if anyone wants to call the Engineering office.
Mr. Karl Strauch, 81 Pleasant Street, said he voted against it as most
of the houses on the street are very far from the sewer, and Mr. Dinunzio
and:Mr. Starer had voted against it. Chairman Miley said many people
who do live a distance from the street feel that although they plan not
to hook up themselves that someone at a future date who would own the
house might like to hook up. Ms. Kay Demeno said she was in favor of
sewer for future purposes.
Selectmen's Meeting 4 - December 3, 1979
Lee Avenue, which will require an easement; 200 feet, 3 houses involved,
2 for, 1 against, $14,600.
North Street, from Lowell Street to the Burlington line, 775 feet,
8 houses,.and 2 vacant lots, 3 for, 2 against, $56,575. Recommended
by the Sewer Advisory Committee.
North Street, along Willards Woods, 2340 feet, 20 houses and 4 vacant
lots, 3 for, 2 against, 3 undecided; Board of Health recommendation;
$170,820. John Goldman, 79 Lowell Street, said his major concern is
with the long row of old trees on his property, and he suggested that
the possibility of putting the sewer on the other side of the street
should be explored as there are no significant trees there. He sub-
mitted a letter from Frost & Higgins regarding his trees.
Mt. Alan Millner, 48 North Street..,- said-heowas in favor but asked if
the proposed sewer would be adequate for the number of homes; how
many of those 20 homes are occupied, how many are under construction,
and likely to be built within the next year. Mr. Leahy said the pro-
posed sewer is definitely adequate for the 20 homes; there are 3 new
houses that aren't occupied. Mr. Millner said there are quite a few
of those homes in a subdivision and would sewers -be provided to them?
Mr. Leahy replied, "Yes." There are possibly two of the new houses
under construction we might not be able to sewer because they are too low.
Amherst Street,lan easement, Hayward Avenue, and Fairview Avenue are inter-
mingled. Recommended by the Sewer Advisory Committee and Bd. of Health.
Amherst Street,250 feet, 3 houses involved, at the time of the questionnaire
2 were against, and today received a letter that the other house is in
favor; Board of Health and Sewer Advisory Committee recommendation.
$18,250. In conjunction with this, we will have to construct a trunk
sewer via an easement of 670 feet at an estimated cost of $48,910.
Dr. Hormell,.35 Hayward Avenue, expressed concern about the easement
which goes thru a screen of trees on the park side; also where the
easement would be going. He said this is an area of sandy soil and
we all have adequate drainage for our systems. Mr. Leahy replied
that we will have to take down some trees but we would-be very
selective and not remove them indiscriminately. As far as the
sandy soil, there is a definite health problem at #5, as reported
by the Board of Health in 1976, and recently by the new resident.
Mr. Robert Nash, Minuteman Park, was concerned about where the
easement is going to be; Mr. Leahy said it would begin at the end
of Amherst Street and go down into Woodpark Circle. Ms. Francine
Stieglitz, 3 Amherst Street, said she and others had sent a letter
to the Board asking if there were any other way to readjust the
route other than through the woods to Woodpark Estates. Mr. Busa
said the question was asked where the property is that the easement
is to be on. Mr. Leahy said there is an existing easement at Woor-
park Circle and the land between there and Amherst is also owned
by A. J. Lane, and we see no problem with an easement. Mrs. Frick,
Conservation Commission, said she had read the Planning Board recom-
mendation and agrees with it. She wondered why the town can't
allow the developer to put the sewer in. Mr. Leahy said it has been
two years and A. J. Lane hasn't done anything about it. Mrs. Frick
felt it needed more study; also, the Board should look into what the
Planning Board is saying. In response to Mr. Crain's and Mr. Kent's
questions, Mr. Hutchinson said there was no basis for us to force the
developer, and we are not doing anything more than we absolutely have to.
1
1
1
?5'
Selectmen's Meeting 5 - December 3, 1979
Mr. Luce said he was the new owner of #5 Amherst Street and the only
one asking for the sewer: He expressed concern about damage to the
trees and the environment, and would like a statement that minimum
damage would be done. Hr. Hutchinson said that the town is environ-
mentally sensitive.
Hayward Avenue, 550 feet of sewer, 10 houses, 8 for, 1 against, $40,150.
The construction on Haywood Avenue is divided into two sections,
one by constructing 250 feet of sewer flowing down into our Amherst
Street proposal and the other end of Hayward Avenue will be con-
nected into our proposed sewer in Fairview Avenue. In response to
a question from a resident, Mr. Leahy said that construction is
going to be in the street at the Hayward Avenue end; down at the
Fairview Avenue end, it is possible that construction could be by
an easement behind those houses. Engineering is in favor of the
easement but we are in contact with the residents in order to get
the best possible solution for everyone involved. Mr. Donahue,
##4 Hayward Avenue, was concerned about what is going to happen
when you put the sewers behind the houses, and what will happen to
the paper streets? What plans would the town have for the paper
streets and are they going to be developed? Mr. Leahy replied that
the question of land development should be addressed to the Planning
Board. Mr. Busa said he was positive there would be no development
on that parcel of land owned by the town. Paper streets cannot be
built upon only under subdivision control laws, and the owners would
have to get together and combine their lots and present them to the
Planning Boardas a subdivision. With the restrictions now imposed
by the Planning Board on developers, it is most unlikely.
Discussion was held on questions from residents regarding accepted/
unaccepted streets; also, if the town -owned land in the area could
be given to the Conservation Commission. Mrs-. Frick commented that
Conservation had brought this town -owned land to the attention of
the Housing Authority. Town Counsel advised that the residents could
talk with Conservation regarding the possibility of having an article
in the warrant for the land to be transferred for conservation pur-
poses. Residents may consider sending a letter to the Conservation
Commission to this effect.
Fairview Avenue, 430 feet of sewer, 2 houses and 1 vacant lot, 8 for,
1 against; $31,390. Part of Hayward Avenue would flow down to
Fairview Avenue.
Chadbourne Road, 1,000 feet of sewer, 12 houses involved, 6 for, 1 unde-
cided; $73,000. Each end of Chadbourne would flow to the middle
and come down to the existing sewer.: -on Concord Avenue.
Concord Avenue, gravity proposal of 1,325 feet, $96,725; force main of
945 feet, $68,985; 15 houses and 2 vacant lots; 4 for, 3 against.
Recommended by the Board of Health and Sewer Advisory Committee.
Mr. Sydney Rosenthal, representing the Belmont Country Club, asked
questions regarding the location of their land, and the Engineers
agreed to meet with Mr. Rosenthal after the hearing to answer his
questions. Mr. Michael Smiddy, 144 Concord Avenue, was recorded
in favor -of the sewer.
Mr. Leahy said this completes the presentation of the F.Y. 81 sewer
proposals.
14
Selectmen's Meeting - 6 - December 3, 1979
Concord Mrs. Battin asked if the question raised by the Planning Board about
Avenue the number of pumping stations and, if there is one, who pays the costs
Sewer for constructing it or maintaining it? Has this been resolved? Mr.
Hutchinson said it has not been resolved and will be reviewed with the
Board of Selectmen.
Mrs. Frick said she had read the Inflow/Infiltration Report and
wondered if the Selectmen have been briefed on it. It says there are
two major areas of problems with sewers; one is in Tophet Swamp, which
she did not know about and is concerned about because Conservation is
having more and more wetlands hearings in the area. The other area,
which she knew about, is at Brookwood Road. A number of people wonder
why we aren't correcting problems we now have before we go ahead on new
sewers. The I & I Report has to be studied. Mr. Crain said the process
we set up was that as soon as the new Town Engineer got on board that he
have a chance to digest the latest input on the I and I study and come
before this Board and give us his interpretation of that material.
rhe Board agreed to invite the Conservation Committee to the meeting
when Mr. Hanlon, Town Engineer, briefs the Board on the Inflow/Infiltra-
tion study.
All involved persons retired from the meeting.
Battle Mr. Fitzgerald, Chairman of the Town Celebrations Committee, and
Reenact- Mr. Zann; representing the Massachusetts Council of Minutemen and Militia,
ment - met with the Board. Mr. Hutchinson informed the Board that he had checked
April, out the details regarding the route, police control, and D.P.W. involve-
- 1980 went and town forces will provide the necessary assistance on_ April 20,
1980.
Upon motion duly made and seconded, it was voted to accept the recom-
mendation of the Town Celebrations Committee for approval of final plans
for the battle reenactment on Sunday, April 20, 1980, as submitted by
Brigadier General Chapman of the Massachusetts Council of Minutemen and
Militia; subject to assistance being provided by the Police Department
and the Public Works Department.
Executive Upon motion duly made and seconded, it was voted 5-0 by roll call
Session vote - Mrs. Miley, Mr. Busa, Mrs. Battin, Mr. Kent and Mr. Busa - to
go into executive session, with the intention of resuming the open
meeting, to discuss strategy with respect to litigation.
After discussion, it was voted to go out of executive session and
resume the open meeting at 9:15 p.m.
MAPC 208 Chairman Miley read a memo from Mrs. Laura Nichols of the Planning
Water Board stating there has been no indication from the comments on the MAPC
Study 208 Final Areawide Waste Treatment Management Plan that they corrected
the incorrect watershed delineation in Lexington. Their watershed in-
cludes the North and South Branches of the upper Vine Brook, which do
not flow into the Charles River watershed. Chairman Miley said we did
send some corrections and apparently they still haven't corrected them.
The Manager's office had pursued it before and we would appreciate it
if he would pursue it again. Mr. Hutchinson agreed.
Selectmen's Meeting
- 7 - December 3, 1979
Q)
The memo from the Planning Board also suggested that the Town should Salt
adopt an ordinance requiring all salt stored out-of-doors to be stored in Sheds
a covered shed with a concrete bottom, and if DPW funding was available
for construction of municipal salt storage sheds. The town and Emerson Gardens store in
Mr. Hutchinson said the Board has the right to consider a by-law the open.
recommendation regarding salt sheds. Emerson Gardens evidently stores
salt in a manner similar to the town, and the question has been raised
by Mr. Crain if the town can require Emerson Gardens to do that. Mr.
Cohen said from what he had heard, you can, and if the town should adopt
some kind of by-law, you might have to give some period in which to do it.
Chairman Miley said the point is, you can't do it now; you have to pass
a by-law. Mr. Crain said therefore we have no basis upon which to take
any action now. The Board agreed.
Chairman Miley read a notice from Senator Rotondi reminding the town
of the December 5 deadline for filing legislation under the right of free
petition. Mr. Kent said there will be some legislation filed by the
Mass. Selectmen's Association but he was not aware of any legislation
that the Board would be interested in filing by December 5.
Upon motion duly made and seconded, it was voted to approve the
minutes of the Selectmen's meeting of October 15, 1979.
Mr. Hutchinson agreed to send a staff member to the MDC meeting
on December 11 in Newton for discussion of a water system management
program.
Chairman Miley read a request for an extension of hours of opera-
tion on New Year's Eve.
Upon motion duly made and seconded, it was voted to approve the
request of the Sheraton Lexington Motor Inn for an extension of hours
on New Year's Eve to 1:00 a.m. under the Innholder Liquor License.
Chairman Miley read a request from the Carlisle Board of Selectmen
for representation on the Hanscom Field Advisory Committee. Chairman
Miley said that Mrs. Jacqueline Smith, Chairman of HFAC, has suggested
that no action be taken at this time as HFAC has heard that the towns
of Acton and Burlington are also interested in representation; if ac-
cepted, it was suggested that they be members at a different level than
the four members from the communities contiguous to Hanscom. Also, HFAC
has recommended that a request be made to the Board of Directors of Mass -
port that a subcommittee be formed to address the problems of Hanscom.
Mr. Kent said Mrs. Smith hoped we would wait until the four town board
comes back and tells us how it feels we ought to respond to either a
partial or a total membership on the part of these neighboring communities.
Upon motion duly made and seconded, it was voted to table the letter
from Carlisle re representation on HFAC pending a recommendation from HFAC.
Legisla-
tion
Deadline
Minutes
MDC Water
Forum
Liquor
Sheraton -
New
Year's
Eve
HFAC
Hanscom
Patricia
Upon motion duly made and seconded, it was voted to approve Town Counsel's Ter -
recommendation to sign the Patricia Terrace Sewer Agreement between Lexington race
and Arlington. Agree-
ment
Selectmen's Meeting - 8 - December 3, 1979.
Gen'l. Mr. Hutchinson reported that he had conducted the Manager's hearing
Revenue on the proposed use of General Revenue Sharing Funds in the Selectmen's
Sharing Meeting Room at 6:30 this evening; consistent with the regulations, ap-
Funds propriate groups dealing with the elderly were contacted. It is im-
portant to remember that Congress has this program under consideration
and the Board has indicated its concern to our Senators and Representa-
tive; the town has been receiving in excess of $400,000 a year and right
now this program is up for grabs in the sense of reenactment. What is
amounts to is that we would receive in excess of $400,000 or in excess
of $200,000 next year, subject to the ultimate disposition of this legis-
lation. A letter was submitted on the proposed use of FY 81 General
Revenue Sharing Funds, signed by Mr. Tropeano-Senior Citizens Club,
Mrs. Shunney-Housing Authority, Rev. Goodwin -Minuteman Home Care Corp.,
Mr. Sen -Council on Aging, and Mr. Webster -Cooperative Elderly Services.
Representatives of the Association frpt Retixed Persons were present and
supported the letter which stated, in part, that using the assumption as
to tenancy of the Munroe School by the Housing Authority and the Council
on Aging, any use of the building must comply with federal standards with
regard to being barrier free, and it is requested that $100,000 be identified
in the 1981 General Revenue Sharing Funds for the renovation of the Munroe
School with barrier free access for the disabled and the elderly by ramps,
installation of barrier free toilets, and elevator.
Mr. Hutchinson said he had explained to them at the hearing that the
Board is waiting for receipt of the Manager's budget which addressed con-
siderations, and the Board would be holding a hearing on a subsequent date.
Any consideration of monies like this would be part of the General Revenue
Sharing hearing process and the budget process as well.
Mrs. Battin said she had just returned from the National League of Cities
annual meeting and a Congressman from California had talked with them
about the future for General Revenue Sharing Funds; he was quite confident
that direct grants to cities and towns would go through next year but it
would take very diligent efforts on our part to see that our interests
and needs are represented in the final version. The feeling is the current
level of funding will not increase; it is likely to be the same for the next
four years. The format for distribution may be altered so that more dis-
tressed areas really get more money, which means we are going to suffer.
What is in real jeopardy is the state revenusharing_and if the state loses
its money, it is going to make it up through igocalsa It is important
that we let our representatives and senators know bow we feel, that we
actually cite what Lexington has nsPd it for, and what will happen if
we don't get it; if the .state loses theirs, what will happen in the de-
crease from the local aid. We should remember that this is election year,
that the entire house, a third of the Senate, and the President are all up,
and that they are listening to us and it is very important we talk to them.
We should do whatever we can to document what would happen to us if we lose
it; either the change in the formula for distribution or losing the state
aid, or even maintaining the current level of funding.
Selectmen's Meeting - 9 - December 3, 1979
Mr. Hutchinson said the Board has been discussing the problem with
dogs on school grounds, and he recommended an amendment to the regula-
tions to prohibit dogs on school grounds; this has been approved by the
School Committee.
Upon motion duly made and seconded, it was voted to amend the Park
and.. Recreational Facilities Regulations by adding to Regulation No. 5
"provided, however, that no dogs shall be allowed on school grounds."
Regulation No. 5 now reads, "(It is forbidden) to allow any animal,
other than a dog, to go upon these grounds finless such animals be used
for pleasure travel on a way or place provided therefor; provided
however, that no dogs shall be allowed on school grounds."
Arrangements are being made by the Manager for the posting of signs
stating, "No Dogs Allowed Per Order of the Board of Selectmen" at the
following schools: Adamq, Bowman, Bridge, Clarke Jr. High, Diamond Jr.
High, Estabrook, Muzzey, Fiske, Franklin, Harrington, Hastings, Lexington
High, and Munroe.
The Board agreed to refer to, and work with, the Recreation Committee
in terms of requirements for people with dogs using recreation areas. Also,
to discuss the conservation regulations with the Conservation Commission,
with the understanding that large conservation areas would not be taken
into consideration. Town Counsel would make recommendations on any possible
amendments.
Regulations No. 1 and No. la. of the Park and Recreational Facilities
Regulations were discussed with respect to the hours in which persons may
be on park property, and it was agreed to review both regulations with
Town Counsel.
Mr. Hutchinson informed the Board that he will submit the F.Y. 1981
operating budget to them on December 7. He pointed out that there are
problem areas, and inflation is very visible.
For informational purposes, Chairman Miley read a notice of a hear-
ing to be held by the Burlington Planning Board on a petition for approval
of a special permit and site plan for the operation of a movie theatre at
the Burlington Village Mall (Caldor area). Mi. Busa commented that the
only impact on Lexington would be if more traffic would be generated by
having the movie theatre there.
Chairman Miley informed the Board that a notice has been received
from the MBTA Advisory Board that hearings on -.the supplementary budget
are to be held on December 5 and 6.
Mr. Busa said he had discussed with Town Counsel the recent letter
from the Historical Commission concerning options involved in the com-
pletion of the Commission's project to identify all significant historic
properties in Lexington: 1. Hiring of professionals with the aid of a
Mass. Historical Commission 50% matching Survey and Planning grant.
2. Hiring of a graduate student intern. 3. The attempt to persuade a
university to make Lexington the site of graduate field work in Preservation.
The third option appears the most feasible at this time and the Director of
the Preservation program at B. U. has indicated that Lexington could be
considered as a potential site.
9y
Dogs -
Park
Regs.
Dogs -
Recreation
Conserva.
Areas
Park
Hours
FY 81
Budgets
Burlington
Movie
Petition
MBTA sup-
plementary
Budget
Historical
Commission
Selectmen's Meeting
- 10 - December 3, 1979
Mr. Busa said that Mr. Cohen is researching the impact if someone's
home is placed on the Commission's list - whether the person would be
informed or whether he could object to having it on the list. However,
the Board of Selectmen has the final decision on what properties or homes
would be placed on the National Register. Problems could develop if it
is on the National Register as to what the restrictions are on the build-
ing, whether it could be removed, destroyed, painted, etc. Before we become
more involved, the Board needs more information.
Chairman Miley said it was her understanding when working on the
Hancock School, that the the Historical Commission's role is to make a
list of the buildings in the town to be put on the National Register,
and the only limitation that she knew of if a building is on the National
Register is that it cannot be torn down with federal funds but that other
funding can be used. So, it is a much narrower criteria than we had thought.
Mr. Hutchinson said there are some other budget proposals in the letter
and the Commission is going to have to wait to get through a process.
The Board agreed that more information is required, and Mr. Buss, Mr.
Cohen and Mr. Hutchinson are to come back to the Board.
Executive Upon motion duly made and seconded, it was voted 5-0 by roll call vote
Session Mrs. Miley, Mr. Busa, Mrs. Battin, Mr. Kent and Mr. Crain - to go into
executive session, with no intention of resuming the open meeting, for the
purpose of discussing 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 10:00 p.m.
A true record, Attest:
f%%. C
ecutive Clerk, Selectmen
SELECTMEN'S MEETING
December 7, 1979
Chairman Miley called the meeting to order at 7:40 a.m.
Those present included: Mrs. Mary Miley, Mr. Al Busa, Mrs. Margery Battin,
Mr. Robert Kent, Mr. Jim Crain, Mrs. Nancy Banks, Assistant to the
Town Manager; Mr. David Williams, Chairman of Conservation Commission;
Mr. David Wells, Chairman of Recreation Committee; Mr. Manfred Fried-
man, Chairman of Planning Board; Dr. Allen Korman, Youth Commission
Representative; Dr. William Cosgrove, Chairman Board of Health;
Mr. Woodruff Brodhead, Board of Appeals Representative; Mr. William Sen,
Chairman Council on Aging and Mrs. Mary Shunney, Chairman of Housing
Authority.
Chairman Miley briefly outlined the budget which the Town Manager would
be submitting to the Board later in the day. She noted that total spending
is up 6.2% in the proposed budget which would result in some increases in taxes.
Reading from the Town Manager's message, she noted that 13% inflation, insta-
bility in the energy area, increased pension costs, mandated assessments for
state and county government, collective bargaining settlements existing and
anticipated, are all major factors in our increases. The necessity to embark
upon a long overdue solution to the solid waste problem is provided for in
this budget and must be recognized in the continuing costs.
Mrs. Battin then outlined the goal process that the Board is undertaking.
To date the Board has identified four major problem areas: Center Revitaliz-
ation; Source of revenue for the Town looking specifically at reducing the re-
liance on the property tax and increasing. the tax base; Financial Management -
looking at tax stabilization; and Employee Development/Capacity - with an ex-
panded commitment to employee development at all levels to allow for career
growth, more competitive opportunities and greater identification of responsi-
bilities.
The next step, Mrs. Battin noted, is the development of specific objectives
in each area.
Mr. Busa reported on the work of the Center Committee. Currently, the
committee is looking at a revised parking plan which would allow for smaller
parking spaces and reduced lane widths, thereby increasing the number of spaces.
The committee has not yet looked at revitalization, but will be addressing that
issue. There was some discussion about the impact of Lexpress on the Center.
While a large number of people go to the Mall, the system appears to have in-
creased the number of people in the Center. Mr. Crain hoped the Chamber would
be able to provide some specific data on the impact of the system.
Mrs. Shunney updated the group on recent projects of the Housing Authority.
She expressed concern about the level of federal money which may be available
for future housing programs, because of some proposed cutbacks.
Mr. Kent raised some concerns about Town Meeting, regarding the length,
people not being ready for their articles, articles being taken out of order,
-2 -
Selectmen's Meeting December 7, 1979
and the time for reconsideration. The THMA Executive Committee is review-
ing the rules for reconsideration, looking particularly at the time limit
allowed, and limiting the areas of discussion. Mr. Kent felt limiting the
areas of discussion may be difficult for the moderator to administer and
he asked for the groups' reaction to requesting a 2/3 vote on reconsidera-
tion. Generally, the reaction was favorable although Mr. Crain suggested
that the Board get data on the percentage of times a vote is overturned on
reconsideration. The meeting briefly discussed Town Meeting and agreed to
prepare a list for distribution of articles for this year's warrant.
Chairman Miley adjourned the meeting at 8:30 a.m.
Respectfully
Nancy H. B
Assistant to
submitted,
/ham
s
the Town Manager
SELECTMEN'S MEETING
DECEMBER 10, 1979
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday,. December 10, 1979,
at 7:30 p.m. Chairman Miley, Mr. Busa, Mrs. Battin, Mr. Kent, 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 discussed_ the list of streets and pointed out that
he had recommended $100,000 for Kendall Road and Rockville Avenue, and
would not consider putting in $340,000 for all the streets. He recom-
mended that the Board vote the intent to lay out the six streets,
subject to other considerations to withdraw streets at some time.
Upon motion duly made and seconded, the Board voted the intent
to lay out the following streets: Garfield Street, Sunny Knoll Avenue,
Kendall Road, Rockville Avenue, Sherburne Road, and Tower Road.
Mr. Hutchinson informed the Board that he will draft a letter in
response to the communication from the Capital Expenditures Committee
regarding DPW policies on sewers, drainage, and the Inflow/Infiltration
study. Mr. Hanlon, -Town Engineer, would meet with the Board soon to
explain the I/I study, and the Sewer Advisory Committee, Planning Board
and Conservation Commission would be invited to attend that meeting.
Chairman Miley read a request from Mr. Hanlon, Town Engineer, to
sign an order for construction of a water main.
Upon: motion duly made and seconded, it was voted. to sign the order
for constructionof a water main in Banks Avenue.
Chairman Miley read an invitation from Senator Rotondi, Senate
Chairman -Special Commission on Civil Service, to attend a hearing in
Arlington on December 13. Mr. Hutchinson said that Mrs. Banks will
be our representative at the meeting. Chairman Miley said that Sen.
Rotondi has said that 60% of the people working under civil service
are not actually appointed civil service people, and he has feelings
on moving tbese people over so they would be permanent civil service
people; that worried her and she would like Mrs. Banks to listen to
that.
Chairman Miley recommended that the Board take a stand on whether
we should go along with Newton and others who feel they do not want to
pay the county assessments and take the consequences. Mr. Robert Bond,
6 Demar Road, was present as he had sent newspaper clippings to the
Board concerning Newton's refusal:to pay the county taxes. Mrs. Battin
said that this has some up before and there is no way you cannot have
them get the money. Winchester did it and they were fined, and the
money was just deducted from the cherry sheet. She hoped we would not
necessarily pay the money but it would initiate some protests about the
way the money is being spent. Chairman Miley said we are protesting all
/C 3
FY 81
Streets
DPW
Policies -
Capital
Expend.
Committee
Banks Ave.
Water Main
Civil
Service
Meeting
Arlington
County
Assess-
ments
electmen's Meeting - 2 December 10, 1979
the time. There are meetings at the state house and as Vice Chairman
of the Middlesex County Advisory Board, we will be in there pitching.
She hoped the local newspapers will be hammering away with us as the
problem with county government is that it is buried and no one knows
what is going on. We do send word to our representatives and senators,
and Senator Rotondi is now on the committee on counties and we hope
that maybe his presence therewill help. Our assessment is about $728,000.
Mr. Busa said that through the democratic policy we are getting more and
more legislators on the bandwagon to abolish some form of county govern-
ment or to revise the process of expenditure, and probably that is the
only route we could take. But not to pay the taxes for the Town of
Lexington at 14%, we would be in trouble. Chairman Miley said that
in listening to people in other parts of the state, she had believed
that the people in the western part of the state felt it was very im-
portant as a regional type of thing. However, she had received a copy
of an editorial in the Berkshire Eagle in which the editor disagreed
with the selectman from Lexington because they didn't need county govern-
ment either. She asked the newspapers to spread the word.and the Board
will do the same.
Chairman Miley read the list of applications for licenses to be re-
newed for 1980.
1980 Upon motion duly made and seconded, it was voted to renew Common
Licenses Victualler licenses for the following:
Common Sheraton -Lexington Inn; Peking Gardens; Chadwicks; Brighams at
Vict. Bedford Street and Mass. Avenue, and Pine Meadows County Club.
Entertain-
ment
The Board agreed to hold the license for Christo's pending further
discussion.
Upon motion duly made and seconded, it was voted to renew the
Entertainment license for the Sheraton Lexington Inn.
Common Upon motion duly made and seconded, it was voted to renew the
Carrier Common Carrier license for the Bedford Local Transit, Bedford, Mass.
Class I
Upon'motion duly made and seconded, it was voted to renew the
Class I license of the following:
Lexington Toyota Motor Sales 409 Massachusetts Avenue
Auto Engineering, Inc. 436 Marrett Road
Rowe Chevrolet, Inc. 33 Bedford Street
Liquor Upon motion duly made and seconded, it was voted 4-0:to renew the -Common
Bora Bora Victualler All Alcoholic Beverages liquor license for Bora Bora, Inc.,
177 Massachusetts Avenue, under the present corporation. The hearing
for the new corporation is scheduled for December 17 and consideration
will be given to the issuance of a license for the new corporation.
Mr. Busa abstained from voting.
Selectmen's Meeting
- 3 - December 10, 1979
Upon motion duly made and seconded, it was voted to issue a new Common
Comman_Victualler license to Ruth Benoit d.b.a. The Kitchen (formerly Victualler
Rosin's Kitehen), 363a Massachusetts Avenue, with hours of 10:00 a.m.
to 7:00 p.m.; closed on Sundays.
The Appropriation Committee met with the Board. Mr. Hutchinson pre- Manager's
sented a proposed municipal budget that calls for total spending and pay- Budget -
ments of $34,850,035 or a 6.2% increase. Primarily, we are dealing with App.Com.
a tax rate of $91.90 or an increase of $4.30, 4.9% on the existing tax
rate of $87.60. He had tried to address some of. the goals that the
Selectmen, Town Meeting, Appropriation Committee and the Capital Expendi-
tures Committee had outlined to the administration. This is in light of
a 13% inflationary rate that we are all experiencing. The Board is
familiar with the traditional problems of collective bargaining settle-
ments and if we are unable to conclude negotiations, he would recommend
not to provide any money and to have a special town meeting to review
the collective bargaining agreements that affect those groups. We are
ready to bargain now and would not recommend allowing an estimate for
the next year's budget unless we have the completed settlements.
The long range is bleak. With the issue of tax reform and the long
range issue of dealing with the County Government; it is difficult to
him as the Manager to recommend paying $700,000+ to the County and
$535,000 to the MBTA - they are giving us support on Lexpress. He, has
recommended a substantial commitment of available cash to offset any
increases that we have, and the increases we are facing are not one-time
experiences. We must continue to move forward on issues like school
closings and cost reduction efforts in every area, including municipal
budgets. More importantly, the Legislature is going to have to address
issues like County Government by working with us. On a more positive note.
we have maintained stability. There is a commitment to continue Lexpress,
and a commitment to the senior citizens of the town for when you want to
embark upon a human services center for the elderly and other appropriate
interest groups.
Mr. White, Chairman of the Appropriation Committee, said that the com-
mittee will meet with the Manager tomorrow evening and we are going to work
hard at the significant increase.
Mrs. Battin said that the first meeting of the Municipal Associations
with the Tax Policy Committee was this evening, and one of the things brought
up was initiative petitions. The one that has definitely made it is the
teachers' petitions; Associated Industries made it with only 300 signatures
and people are going to challenge that 300 signatures are not valid. So,
rather than three or four horrendous initiative petitions, we may end up
with just one. Mr. Hutchinson said that the Board has authorized me to
get- _:appropriate citizens to work on a tax policy committee to assess
whatever is going to come out on the ballot in November, and people are
going to be asking what does it mean to Lexington? We would hope that any
committee we have would have the support from the Appropriation Committee
or even recommendations for this because in the long range we have to come
up with a system that doesn't look to the property tax. We have an 11%
increase in the taxable growth and our projections show it won't be any
more than 2% over the next 5 years. Your expenditures are growing on
either side of the budget at dramatic rates even with cost containment,
so this is important information as to what is going to be out there.
1�
Appts,.
P.A.B.
Selectmen's Meeting - 4 - December 10, 1979
Mrs. Battin said that the committee is going to work very hard and will
meet every other week, and we are going to address the whole issue of
tax reform, expenditure control, etc.
Chairman Miley said that, last Monday, we were asked to send to
Senator Rotondi any legislation we may wish to have. As a Board, we
did not come up with anything but, as an individual, she did make a
call on having a 4% cap on all other governmental bodies in the state
as well as the towns and cities; also, the open meeting law for all
branches of the state government, including executive legislators as
well as what the municipalities have. Those two bills will be filed.
Chairman Miley discussed appointments to the Personnel Advisory Board.
There -are tao openidgs rand we are adding one member; to reappoint Neil
Chapman, Elmer Guilmartin to fill Harold Page's term, and Gary Paulson.
Mr. White, Chairman of the Appropriation Committee, said that it
was not'hisAtttentiopJito change his views about the action in his dis-
cussions with the Board and the Manager about these appointments; we
do not know these gentlemenc:-._Going back to January 21, 1974, certain
things were agreed to at that time, among which was that the appointments
would be made from a slate of candidates submitted by the Appropriation
Committee. It may be that somewhere along the line, interpretations have
changed and he asked for consideration of the original intent, and the
committee would appreciate it if in the future they were given this op-
portunity. Mr. Hutchinson said that the Appropriation Committee has
always had the opportunity to submit candidates to this Board, and that
opportunity still exists. Mr. Kent said that he hoped we would shortly
distribute the complete final, revised charter for the Personnel Advisory
Committee which we worked out last spring. There is no question that there
has inevitably been some movement of feeling regarding the nature, scope,
and function of the PAB. His recollection was that we don't have it in
that charter that we would do our appointing only from such a slate,
but he concurred with the Manager that not only would. we welcome such
input but indeed if there was an interest in giving it to us, we ought
to be sure that we don't do it without according that express opportunity.
We worked very hard to see that the PAB was put in place and we felt it
had certain responsibilities, and we felt it should be comprised of certain
people. If you now feel differently, you ,should clarify it. As we dis-
tribute to you the revised charter - none of us believe it is written in
concrete and like all our prophesies it is an evolving thing - we would
hope it is certainly an indication of writing up where we think we are
right now. Mr. Crain said that when we worked on that charter, to my
knowledge, we in no way reflected on any change on the original approach;
that the Appropriation Committee, if they had candidates, would make them
available.
Upon motion duly made and seconded, it was voted to appoint the follow-
ing members of the Personnel Advisory Board: Mr. Neil Chapman, 6 Patriots
Drive, for a term of office to.May 31, 1982; Mr. Elmer G. Guilmartin,
16 Constitution Road, to fill an unexpired term of office to May 31, 1981;
Mr. Gary D. Paulson, 29 Colony Road, for a term of office to May 31, 1982.
1
1
Selectmen's Meeting _ 5 December 10, 1979
Upon motion duly made and seconded, it was voted to approve the
request of the Lexington Knights of Columbus for an extension of hours
of operation under their Club liquor license to 1:00 a.m. on December 15
and New Year's Eve.
The Boarddiscussedthe request of Mr. and Mrs. Ronald Goldner, 27
Rockville Avenue, to purchase Lot #40 Rockville Avenue.. The Board agreed
that the lot has been conveyed to the Housing Authority and, therefore, is
not available. Mr. and Mrs. Goldman are to be so notified by letter.
Mr. Hutchinson informed the Board that he had sent a letter to
Mr. French, 40 Reed Street, advising him that the Human Services Com-
mittee will be working on the concerns he has outlined on the institu-
tionalization of neighborhoods.
Mr. Hutchinson discussed the lgtte,irom McCarthy Municipal Leas-
ing Company requesting the opportunity to present the advantages of
municipal leasing and municipal lease/purchase of equipment. Mr.
Hutchinson said that we have pursued this before and it is not ad-
visable, but he will review it with Mr. McCarthy.
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 matters
of real estate negotiation and litigation, with the intention of re-
suming the open meeting.
After discussion, it was voted to go out of Executive Session
and resume the open meeting.
Upon motion duly made and seconded, it was voted to renew the
Common Victualler license for 1980 to Christo's Restaurant, 1 Meriam
Street.
It was agreed that there would be no announcement on the developer
of the Parker School but, hopefully, a decision would be given by the
next meeting.
Upon motion duly made and seconded, it was voted to adjourn at
10:00 p.m.
A true record, Attest:
Liquor
K of C
Rockville
Ave. Lot
Human
Services
Committee/
Reed St.
Executive
Session
Common
' Viet.
Parker
School
• Cli/e.:417?,,
Executive Clerk, Se =ctm�
VOID
/7g
SELECTMEN'S MEETING
December 17, 1979
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, December 17, 1979 at 7:30 p.m.
Chairman Miley, Mr. Busa, Mrs. Battin, 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.
Chairman Miley opened the hearing on the application for the transfer Liquor -
of a Common Victualler license to sell all alcoholic beverages, to be drunk Bora-
on the premises, from Bora-Bora, Inc. to new owners operating under the Bora
title of Bora-Bora, Inc. at 177 Massachusetts Avenue. The hearing had
been advertised in the December 6, 1979 issue of the Lexington Minute -man
newspaper, and copies had been sent by.the .applicant to the abutters by
certified,mail. Attorney William Chin, representing Bora-Bora, Jue Bow
Fong aka Joe B. Fong, Manager, and Sally D. Hsu, President and Clerk,
were present. Mr. Chin said that Mr. Fong will be the new Manager; he
has been a restaurant manager for 46 years. We have applied for a permit
from the Board of Appeals and the hearing is to be next week. In response
to Mr. Kent's question regarding stockholders and a new board, Mr. Chin
said there will be two sole shareholders and a new Board of Directors.
Mr. Kent asked if any inquiries had been made on behalf of the Board of
Selectmen in terms of the suitability of the proposed licensee? Mr.
Hutchinson said that he was not aware of it being done in the three years
he had been here. No one appearing in favor or in opposition, Chairman
Miley declared the hearing closed.
Upon motion duly made and seconded, it was voted to approve the trans-
fer of the 1980 Common Victualler All Alcoholic Beverages license to new
owners operating under the title of Bora-Bora, Inc., 177 Massachusetts
Avenue, with new Manager Jue Bow Fong, and to transfer the regular Com-
mon Victualler license for 1980; both subject to a favorable decision of
the Board of Appeals at its scheduled hearing on Bora-Bora, Inc. Approval
of the Alcoholic Beverages Control Commission is to be requested.
The Board continued the discussion held on November 19 regarding the Historical
Historical Commission's request for consideration of an expenditure of Commission
money to take advantage of the Boston University graduate program for
the historic preservation study. Mr. Hutchinson recommended that he work
with the Historical Commission as there is the capacity within the budgets
for technical support as well as using temporary help from our intern pro-
gram to assist them. As the Commission pointed out in their report, twelve
towns used volunteers, so with a certain degree of support and volunteer
effort, they should be able to get this done; also, by utilizing existing
budget monies as well as budget monies for next year. Mr. Hutchinson did
not recommend approval of the Commission's request for money for other
items relating to historical preservation. Mr. Buss said he had no objection
to the Commission listing property for the register of historic places but
he strongly urged that the Commission get in touch with the owners of the
property involved. It is mandated that the Commission come back to the
Selectmen with the proposed list but they should contact the owners. Mr.
Hutchinson said the Commission will be asked to file a draft report with
the Board and appropriate agencies so that we will be able to look at it.
Chairman Miley added,that it is important to us to expect the Commission to
deal with people in a fair way. The Manager is to work with the Commission.
Traffic-
Brubeck
Minutes
Dog
Hearing -
Robinson/
Culhane
1 -Day
Liquor
Licenses
1980
Common
Vict.
1980
Class I
License
1980
Class III
Notice
on
Street
Layout
Selectmen's Meeting
- 2 - December 17, 1980
Chairman Miley read a letter from Ms. Lois Brubeck, 12 Adams Street,
expressing concern about traffic problems, the lack of stop signs and
reflectors in certain areas of the town.
Upon motion duly made and seconded, it was voted to refer Mrs.
Brubeck's requests to the Town Manager for a report.
Upon motion duly made and seconded, it was voted to approve the
minutes of the Selectmen's meeting held on December 3, 1979.
Mr. Busa discussed the hearing he had conducted on November 6, 1979
at 9:00 a.m. in the Selectmen's Meeting Room on the written complaint of
David Robinson, 17 Red Coat Lane, that a German Shepherd dog owned by
Thomas Culhane, 19 Red Coat Lane, is a nuisance by reason of a vicious
disposition. Mr. Busa said it is a serious situation in the neighborhood,
and he recommended that the Culhane dog be restricted to a leash at all
times, whether in the yard or walking. Mr. Kent recommended the addition
of the word, "physically" (restrained). The Board agreed.
Upon motion duly made and seconded, it was voted that the Board of
Selectmen has determined that the German Shepherd dog owned by Thomas
Culhane of 19 Red Coat Lane is a nuisance by reason of a vicious dis-
position and hereby orders that within fourteen days of notification,
said dog is to restricted to a leash, and shall be physically restrained
on the leash at all times whether in the yard or walking.
Upon motion duly made and seconded, it was voted to approve 1 -Day
liquor licenses for the following: W. R. Grace Associates on December 18,
and St. Brigid's Couples Club on New Year's Eve from 9:00 p.m. to 1:00 a.m.
Upon motion duly made and seconded, it was voted to renew the Com-
mon Victualler licenses for the following for 1980:
Lexington House of Pizza
Arno's Deli
Yangtze River Restaurant
Mario's
Baskin-Robbins Store #1723
Pewter Pot
Lexington Golf Club
LeBellecour
Alexander's Pizza
Lee Ann's Restaurant, Inc.
Howard Johnson's
Friendly Ice Cream Corp. -Waltham St.
Friendly Ice Cream Corp. -Bedford St.
Bellino's Bakery, Inc.
Kentucky Fried Chicken
Denny 's
Dunkin Donuts
The Kitchen
Upon motion duly made and seconded, it was voted to renew the Class I
license for Lawless Mawhinney Motors, Inc.
Upon motion duly made and seconded, it was voted to renew the Class III
license for John P. Carroll Co., Inc.
Upon motion duly made and seconded, it was voted to sign the warrant to
the Town Counstable to deliver written notice to abutters of the vote of the
Board on December 10, 1979 of the intent to lay out Garfield Street, Sunny
Knoll Avenue, Kendall Road, Rockville Avenue, Sherburne Road, Tower Road and
Sanderson Road.
1
Selectmen's Meeting - 3 - December 17, 1979
Mr. Hutchinson recommended approval of a transfer of $1,500 from
the Reserve Fund to Account #1090 -Professional Services. This request
is necessary due to the unforeseen vacancy in the Planning Director's
position and the retention of planning services.
Upon motion duly made and seconded, it was voted to request ap-
proval of the Appropriation Committee for a transfer from the Reserve
Fund to Account #1090 -Professional Services in the amount of $1,500.
Mr. Hutchinson recommended that the Board hold the Revenue Sharing Revenue
hearing on January 14, 1980. The Board agreed. Sharing
Mr. Louis Zehner, Town Treasurer, met with the Board, to recom-
mend approval of borrowing $160,000 for the swimming pool and $40,000
for sewer construction from the lowest bidder, Shawmut County Bank;;of
Gambridge at 5.50 percent interest. Nine bids were submitted and
ranged from 5.50 to 6.96 percent.
Upon motion duly made and seconded, it was voted to approve the
recommendation of the Town Treasurer to borrow $200,000 from the
Shawmut County Bank of Cambridge at 5.50 percent interest.'
Mr. Hutchinson recommended approval of the Vocell Bus Company's
request for an increase in fares on the Lexington to Boston commuter
bus service for: single run tickets from $1.35 to $1.60; 12 -ticket
book from $15.00 to $18.00 per book; $1:50 per ticket; 20 -ticket book
from $22.00 to $25.00 per book, $1.25 per ticket.
Mr. Benjamin Goodwin, Vocell Bus Company, said that they had added
a couple of extra runsand we are thinking of taking another survey. We
are also making applications to one or two other towns and this may ..
enable us to have weekend runs and will give us an opportunity for fur-
ther expansion. We wanted to have a Christmas bus to BostonAuring
December but the contract was limited as to hours; unfortunately, we
should ha+e read the specifications better. Even though it is a com-
muter bus, perhaps. you should review the time restrictions as that was
the thing that prevented us from doing it. Mr. Crain said that since our
last meeting and the concerns he had underscored, therehas been evidence
of considerable follow-through and the equipment problems he had cited
had been resolved. Also, Mr. Goodman had personally been in evidence a
number of times. He would like to underscore his own impression and that
of the other riders about the obvious commitment to affirmative action and
his employees and the excellent people that they are; they are a very un-
usual group of people. The Selectmen have all received calls from_peopie
wha.r±de..the buses. Mr. Goodman said that his son owns the company and
he is doing additional things like buying some radios and, if we do have
the expansion, the radios will allow us to do a lot of work that perhaps
we have been unable to do, and to have a spare bus. One ofthe problems
has been financing as we can't go to a bank because we don't have a long-
term contract. Mr. Kent asked if, as he is currently -constituted, he
could respond in equipment and service terms to an increase -in patronage?
Mr. Goodman said that the answer is simple; even a bank reaches out to
help somebody that is making quite a profit. There isn't any question if
you are going to go loaded both ways that you can get equipment if we had
to, but patronage at the moment doesn't make that feasible. There are six
runs and at the moment they are about maximum. However, we are all aware
Transfer
Acct.1090
Treasurer
Vocell Bus
Lex/Boston
Vote
Vote
Selectmen's Meeting,
- 4 - December 17, 1979
that things are going to happen. If fuel is going to rise in cost, the
government is going to take steps to make sure that single riders get
out of the car. At one time, Mr. Goodman had counted cars and of ap-
proximately 200 cars there were only five with more than one passenger.
Mr. Goodman said that according to the contract, a commuter run
is for two hours in the morning and two hours in the afternoon. If
we had no limit, we would have advertised and at least run buses on
Sundays.
Mr. Crain said that several people had asked him if there is a
prospect of a bus from Lowell to the Mall to Lexington, then directly
to Boston. He asked Mr. Goodman if he was still interested in that run?
Mr. Goodman said that he was. and had hoped to get that at the same that
they had the financing set up; that would have given us at least one
additional bus, which could also be used as an extra and, at the same
time, with the Lowell run we thought we could run a weekend bus as well.
Chairman Miley said that people had told her it would be nice to
have a bus that went into Boston one morning a week other than the peak
hours.to -do their.shopping.and business. Mr. Goodman said that his son
is quite a gambler and he would take the chance to see what the testing
would be. If the expansion comes about a little bit more, he will try it.
Mr. Kent asked if he wa3ild be interested in extending the run from Copley
Square to Kenmore Square? Mr. Goodman said that it was surprising but
South Station seems to be most asked for; we do have South Station.
Mr. Kent asked Mr. Hutchinson if there is any reason why we have some
relationships elsewhere that require us to retain as a matter of policy
these time limits, which don't seem to serve any useful purpose from
our point of view? Mr. Hutchinson said that he was not aware of it.
Mr. Crain said he would like to return to the Manager several
issues to be worked out with Mr. Goodman. As he recalled, we are work-
ing on a 6 -months' extension of the contract to April 13, 1980, and in
light of the improvements that have occurred, he would suggest that the
Board consider changing that to a longer term agreement as soon as possible.
Also, to considdr the Lowell run; to consider the change of the restriction
of hours.
Upon motion duly made and seconded, it was voted to refer the following
to the Town Manager to work with Mr. Goodman on (1) consideration of a longer
term agreement on the bus contract; (2) consideration of the Lowell route;
(3) consideration of a change in the restriction of hours of operation.
Mr. Hutchinson commented that the only thing in the servey where there
was a split reaction was the overcrowding of buses; this is the major com-
plaint that has been received at his office, but that has been alleviated
somewhat. Mr. Goodman said it is difficult to anticipate riders, and an
extension of service will resolve that.
Upon motion duly made and seconded, it was voted to approve the request
of the Vocell Bus Company, Inc., Cambridge, for an increase in fares for the
Lexington/Boston express bus as :follows: Single run tickets from $1.35 to
$1.60; 12 -ticket book from $15.00 to $18.00 per book, $1.50 per ticket;
20 -ticket book from $22.00 to $25.00 per book, $1.25 per ticket.
Mrs. Banks said that a letter will now go to the MBTA petitioning
them for approval of the increase. With a monthly pass, riders would be
able to get a discount on their auto insurance and we are trying to develop
some kind of cost for a monthly pass. Mr. Hutchinson said he will bring
that back to the Board along with the other items.
Selectmen's Meeting
- 5 - December 17, 1979
/i%
Mr. Hutchinson said that Jane Edmunds, MCAD Commissioner, is willing Fair
to come out to Lexington to meet with our Fair Housing Committee. Nancy Housing -
Banks and Al Zabin will be coordinating this effort and arranging for MCAD
appropriate committees to be invited.
Mr. Hutchinson informed the Board, that Hammer, Kiefer and Todd, Inc. Munroe
has been retained as consultant for the Munroe School to prepare a cost School
estimate, which will be ready the last week in January.
Mr. Hutchinson recommended approval of an increase in the sewer con- Contract
tract previously awarded to Crowley Associates for $346,910. The total 978-5-E
price of $374,537.39 is due primarily to an increase in the size, depth, Sewers
and lehgth.of the pipe on Lowell Street and an unusually thick wearing
surface on Lowell Street, necessitating a trench patch thickness of six
inches rather than the customary three inches. In order to meet our
obligations, an increase of.$27,627.39 is recommended.
Upon motion duly made and seconded, it was voted to approve the
M anger's recommendation to increase the authorization for Contract
#78-5-E in the amount of $27,627.39. Contract was previously awarded
to Crowley Associates in the amount of $346,910, and the new total is
$374 537.39;authorizatifn. contained under Article 19 or 1978.
Mr. Hutchinson said that we are releasing the $25,000 performance Hancock
bond of Sydney and Noyes held by the town. Mr. Kent was troubled that Condodiinium
the owners of the condominiums were not aware of this. Mr. Hutchinson Bond
said that, in his opinion, much of what the developers have done is be-
yond what is within the bond.
Upon motion duly made and seconded, it was voted to table the
matter of releasing the bond of the developer of the Hancock condo-
miniums until the meeting on Wednesday evening. Condominium owners
are to be informed of the request to release the bond.
The Board agreed to re -appoint Mr. Hutchinson as the Town. Manager. Manager
Chairman Miley said that some of our reasons for re -appointing Mr. Re-appt.
Hutchinson are because of his vigorous pursuit of developing sound
management methods within the town government, the development of
personnel policies, including sensitivity and support for our hiring
obligation in minority areas, forthrightness in dealing with the
Board, and a highly professional relationship with the Board.
Upon motion duly made and seconded, it was voted unanimously
to appoint Mr. Robert M. Hutchinson, Jr. the Manager of the Town
of Lexington for a three year term beginning January 1, 1980 and
expiring December 31, 1982.
The Board approved Mr. Kent's suggestion to save a space in the
Warrant for an article on a two-thirds vote on reconsideration.
Warrant
Article
Chairman. Miley informed the Board that she had attended the MBTA MBTA Sup.
budget hearing and the Advisory Board hearing today and on the supple- Budget
mental budget, Lexington along with 84% of the cities and towns voted
no more money; basically, because we have a cap to worry about. As
for the Governor taking over on an emergency basis, that will unfold
within the next few days.
13
Police
Budget
Selectmen's Meeting
- 6 - December 17, 1979
Police Chief Corr met with the Board to discuss the police budget.
Account #3800 - $155,425; last year, $143,000; $12,425 or 8.7%`increase.
Major areas of increase: #525 automotive from $34,500 to $42,500. Last
year, we replaced only six cruisers; that was primarily because we had
one replaced at the end of the fiscal year because of an accident; that
was effectively almost new and therefore we deferred on buying the normal
complement of seven. We will replace six of our cruisers and we have one
car that rotates through the inspection and command officer divisions.
We have provided a modest increase in #262 -gas, oil and lubrication of
$1,000, primarily because our experience in the police department has
been more favorable than other areas based upon the energy.efficiency of '.
the vehicles we are dealing with. This is the operating budget of the
department and it is really geared to replacement of the cars and energy
and some increased supply. Mrs. Miley questioned line items 208 and
305 regarding printing, and Mr. Hutchinson explained that the 200 series
is what we buy outselves and the 300 series is what we contract for; dif-
ferent kinds of printing. Mr. Crain was concerned that we are dealing
with this before we have summed up our goals, because some of the goals
in the financial area would relate to our approach to this budget. As
he recalled in goal setting in terns of centralized purchasing supplies,
is that done in one place for everybody? Mr. Hutchinson said it is done
in DPW. Printing is individually contracted on bulk purchasing in DPW.
Things such as fuel and energy are done in bulk purchasing with the
schools; we also hook up with the school system on paper items which they
bid on; there are items such as those referenced in this budget that are
more discretionary. What you have is centralized accountability through
the Manager's office; de facto centralized purchasing on most items
through public works and the school system. Much of the printing is in-
dividually contracted for. On vehicle supplies, the bulk of our material
is through DPW.
Mr. Crain said he hoped we can get into centralized maintenance.
Mr. Hutchinson said he will bring it back in the goals and update the
financial information so the Board can look at what kind of position
it wishes to take. He had spoken to Chief. Corr and Fire Chief Bergeron
about centralized maintenance and there are some reservations. A report
will be prepared for the Board and information will be provided based on
last year's bids if we go into a regional consortium. Chief Corr said
they are already in the Boston Police Council and we have found that
through bids from local dealers our figures are lower than Greater Boston's.
Mr. Crain .asked for an explanation of the tuition for cadets at $9,000 vs.
internship. Chief Corr said that up to 1965, the police department could
have only those from Lexingtonand couldn't get persons to take the exam-
ination. Through the efforts of Linc Cole, we were allowed to go to other
communities' lists, and we put on eight men. When we devised the police
cadet program, we went into the High School and offered them a fully paid
tuition. About a year after that, a bill was passed and Congress didn't
fully fund the Act; only about 50%, and we instituted paying for half
with the idea of stimulating youngsters to get their degree. Six of the
seven we put on were Lexington residents and they all have their degrees.
1
1
Selectmen's Meeting - 7 - December 17, 1979
Chief Corr still thinks there is merit in our funding the cadet program;
for ten years, it has worked out. We have six cadets and we intend to
fill three vacancies. Mr. Hutchinson said that under the affirmative
action program we address the education incentive we have. Mrs. Miley
asked how many policemen are now on the force through the program?
Chief,'.perr said there were nine. Mrs. Banks said that we have 22 cadets,
15 have graduated and 9 are on the force. Three are still on board; two
were dismissed and one looked for another job.
Mr. Crain asked for Chief Corr's point of view on the communication
system. Mr. Hutchinson said that the system is 15 or 16 years old and
Chief Corr recommended $120,000 in the capital budget. The Capital
Expenditures Committee has asked for an article in the warrant. Chief
Corr has assured us that deferring it would cost us more money. Chief
Corr said that recognizing it would cost us $131,000 as we found that
we would be able to handle response to riots such as the Cambridge
riot of 1970. Thirty-two to thirty-three communities now encompass
the circumferential highway and Lexington now is almost isolated. It
is estimated to go as high as $150,000 to $160,000 next year. Mrs. Miley
asked if there is any way a component of that could be put into operation?
Could Lexington be in communication with the towns contiguous to it?
thief Corr said that a group of eight towns did band together but now want
to become part of the council. There Ls no way for us to participate
with one or two towns. There would be an interchange between communities
that does make sense with this system.
Mr. Hutchinson said that, looking at the expense area, it is a little
more than 10 percent on the direct payroll, which is in the order of $1 million.
Lexington remains in a favorable position on costs. We have personnel of 54
including the Chief; 5 Sergeants, 5 Lieutenants, 2 Captains. The budget is"_
$155,425, and most of it is in cars and. energy. . .Mr. Crain asked about the
size of cars and the use of cars, and Mr. Hutchinson said that he will file
some updated material with the Board. Chief Corr retired from the meeting.
Fire Chief Bergeron met with the Board to discuss the Fire Department Fire
budget of $95,800. He said that fuel was up, repairs and maintenance of Dept.
our buildings, storm windows on headquarters estimated at $5,000 and we Budget
compoeted half of the windows in E. Lexington; oil alone was 15,000 gal -
long and we are having problems with our system at headquarters. As far
as outside repairs for equipment, we have $1500 in body work that has
been deferred for two years, and we did need more money in that area.
We have inflation in automobile parts and medical suppplies and first aid
supplies increased. As far as the alarm system, we are finishing a re-
port on what our plans are. The maintenance differed over the years;
it is tested frequently and we have a system to connect the stations.
We may reduce it in the area of street alarm boxes. We have a program
and a report will show what direction to go to improve main lines by
cabling and that system would be in a lot better shape. The Planning
Board is not putting boxes in subdivisions. We would maintain what we
have. Mr. Busa asked if it has been proven that it is not needed to
upgrade those that are not working? Mr. Hutchinson said that we would
want direction on that. Mr. Kent said that we could get in.trouble _if
the boxes are not going into new subdivisions. Chief Bergeron said that
lis
Selectmen's Meeting
- 8 - December 17, 1979
the new building codes are a lot stricter and the homes now have smoke
alarm detectors, etc. In a six year period, we have had 41 calls from
boxes. Mr. Busa said that the Energy Committee went to the headquarters
building and he hoped that somebody would address the zoning as it is
pumping heat when, it is not needed. Mr. Kent asked if $1.04 was across
the board for the amount of fuel?. Mr. Hutchinson said that it was not.
Mr. Kent said that we ought to arrive at what gallons you can get for
one single price across the board, and he hoped it would include schools.
Mr. Hutchinson agreed to check on it. Mr. Kent added that it should also
apply to gallonage of gasoline and not have it vary from department to
department.
Mr. Hutchinson said that the Appropriation Committee has spoken to us
in the area of maintenance of plant, and this ties into the whole idea of
centralizing, and we are going to be proposing to you at a subsequent meeting
to take a lot of these maintenance items and move them into the public works
budget because a lot of people feel it is easier to focus in that way on
what all of our maintenance costs are. The Chief is using much of our
technical help in the public works department on much of this and it would
be easier to give them the responsibility to let them provide their
technical skills to the Chief via the public works' budget. We haven't
done it at this point in time but we plan to change it, and you will see
some of the transfers over the next 30 to 60 days.
Mr. Hutchinson said that Chief Bergeron has proposed in the capital
budget $32,000 for a new ambulance; we would get $6,000 for our 1976 am-
bulance. At $6,000, Mr. Hutchinson did not think it was worth it to turn
in an ambulance that doesn't need a great deal of maintenance if we keep
it as a back-up for the times that our ambulance is down. The ambulance
business as part of the fire department operation is becoming a growing
portion of our business, and we do have periods of times when we have to
call for additional ambulance help; we will continue our inter -town arrange-
ment. Mr. Busa asked if there was a garage for it? Chief Bergeron said
there are two bays at East Lexington. We reduced our engine fleet from
six to five. This year, the down time for our ambulance is the equiva-
lent of 10 days out of the year for maintenance and repairs. During those
periods, we use our neighboring fire departments on a mutual aid basis,
and we reciprocate. Presently, we are using out-of-town ambulances on
the average of 6 or 7 days. Last week, we had to use Bedford's ambulance
as our men and the ambulance were at a fire on York Street. Ambulance de-
mands have increased 10% and we see it going up in the future.
Chairman Miley said that the history of the ambulance is that it was
bought in 1973 and at that time it was a module type, and Town Meeting
voted that when the mechanical part of it needed to be replaced then the
other part could be used. Then, the new codes came in that made that
type of an ambulance not right and we had to go to this other one.
Chief Bergeron said the vehicle you mention was purchased in 1976 and it
was sold to the town on the basis that the rear end could be put onto a
truck chassis. We have found in our experience and others that have had
this type of vehicle that this does not seem to work out unless the vehicle
is all aluminum; unfortunately, our is steel and we have had problems with
Selectmen's Meeting
- 9 - December 17, 1979
the compartment, doors, rusting at the hinges, alignment, etc. We have one
door that won't openright now. So, the feasibility of putting that box
onto a new chassis.. it just won't work. What we are saying is to keep
that vehicle as a spare and we can get by with it on that basis; it does
meet all the state specifications.
Chairman Miley said she had some problem mith the fact that the door
doesn't work. Her idea is to get it to work, and you can't just say the
door doesn't work so let's buy a new one. Why won't it open? You should
go back to the manufacturer.
Mri Hutchinson said that additional information will be submitted in
a report on the ambulance. Chief Bergeron retired from the meeting.
Chairman Miley said that with the problems with the postal workers Traffic
parking out front, perhaps we could meter and that might be a solution P. 0.
to keep this part of Mass. Avenue if we want customers for our businesses. Mass.Ave.
Mr. Busa said that we are too far from the shopping area, and they are
only going to move to Forest Street, Merial Street, etc. Mr. Kent said
that there are various devices to use for all day parking.
Upon motion duly made and seconded, it was voted 5-0 by roll call Executive
vote to go into executive session for the purpose of discussing strategy Session
with respect to collective bargaining and personnel, with the intention
of resuming the open meeting.
After discussion, it was voted to go out of executive session and
resume the open meeting.
Upon motion duly made and seconded, it was voted to approve the Salary
Manager's recommendations for salary adjustments .effeat.ive January 1, Adjustments
1980.
Upon motion duly made and seconded, it was voted to adjourn at
10:20 p.m.
A true record, Attest:
Executive Clerk, Selectmen
vo
D
/7
SELECTMEN'S MEETING
DECEMBER 19, 1979
Those present were: Mrs. Miley, Chairman, Mr. Kent, Mr. Busa, Mrs. Battin
and Mr. Crain. Also present was Mr. Hutchinson, Town
Manager and Mr.-Empey, Acting Director of Public Works
The following accounts were reviewed by the Board.
5000 DPW Office - Question was raised about the provision of safety shale
to employees. Manager pointed out that this was a contractual item.
Mr. Kent asked if this might apply to Library personnel.
5150 Engineering - Increase for registration.
5250 Town Building M$intence -
320-06 and 320-07 - energy accounts. Board members flagged these
areas to insure that they might be enough. The Manager pointed out
that a 20% increase had been estimated in the electricity area
(439,000) and that an estimate of 901 had been utilized in anti-
cipating a $ 23,000 increase for heating costs.
373-10 Repairs and maintenance to buildings and structures..The
Manager reviewed the following items for proposed maintenance:
$8,000 for replacement of windows in Cary Hall utilizing insulated
glass; $4,350 for roofing at the Visitor's Center; $1,000 for storm
windows on 22 windows at the Visitor's Center; $2,300 for a number
of other maintenance items. The Board asked for the detailed sheets
in this area so that they could better assess the maintenance ccm-
potents. The Manager did advise the Board that this account would
be increased because of maintenance items listed in the Fire,
Library and other public budgets being moved into this area. -
Selectmen Buse asked if the replacemnt of the Town Hall windows was
the full window. The Manager stated that he did not know and would
find out. The Board asked for a review of some of the energy data
that the Maintenance Department has put together. The Manager
pointed out that it was considerable and he would provide that infor-
mation to them.
5400 Highway Maintenance - Selectmen Crain questioned the reduction in
375-15, paving program, to $100,000 as this means that the program
is reduced because of the impact of inflation and the recognition
of asphalt as anoil derivitive. The Manager pointed out that he had
'recognized this but it was one of numerous areas cut back in order to
find a balanced tax rate.
5450 Road Machinery - 262-03 energy increased $35,000. Board members asked
if this was enough in light of current and anticipated increases.
The Manager said that he had allowed for an increase to $1.04 a gallon
for disel and gasoline. Current price was 850/gallon. These accounts
may have to be revised further upward because of the iastablity of
fuel prices.
261-02 Vehicle supplies. The Manager referenced cost of parts and
past experience.
-2-
371-10 Proposed $50,000 increase - $35,000. His involved the pro-
posed rebuilding of a sweeper, dump truck, Huff engine and our
dozers. The Manager said he would provide the detail sheets sub-
mitted by DPW in this area The Manager advised the Board that he
would be asking for an additional $13,000 in this area as estimates
have just come in for a computerised gasoline system which would
provide additional controls for vehicles operated from the DPW barn.
5500 Snow removal - No snow this year.
5550 Traffic Bags. and Street Signs - No comments.
5640 Street Lights- The Manager pointed out this area is currently in
good shape and could absorb a modest increase. Recommended no
change in the $250,000 appropriation.
5700 Sewer maintenance - The Manager pointed out increased costs, energy
and parts for 9 pumping stations.
5800 Garbage collection - The Manager reviewed recommended deletions as
program isn't cost effective and he was once again recommending
combined garbage/trash collection for the Town as part of our -solid
waste program.
5850 Sanitary Landfill - TAb Manager pointed out costs stable with *ajar
increase in 515-08 for additional trainage work that would have to
be accomplished as part of the close out program. Mr. Empeyt pointed
out that substantial sums of money have been saved by fill being
brought into the landfill from various contracted jobs.
5900 Water Maintenance and Water Services 274-09 meters. The Manager
reviewed expected increase of $20,000 based upon an assumption of
about 350 new units of housing and development demands on the Town.
The Manager pointed out that the whole meter area and program was u
under review by the new Sewer and Water Superintendent, Mr. Spiers.
Mr.Empey noted that bids have been opened for meters and the cost of
a mater was now $95.00.
299-1Ass The Manager pointed out that this was now being carried in
capital as proposal for completer refurbishing of two water towers
was now deemed to be a capital item because of the magnitude of
expanse and frequency of occurence. Mr. Hutchinson pointed out that
proposals have just been received for en automated water billing system
that would involve another $20,000 on top of the $64,347 requested.
Board members asked for an update on the miller meter program after
the manager reviews this with Mr. Empey.and Mr. Spiers.
6000 Parks 320-12 -energy. Increase estimated because of opening of new
pool.
6050 Insect Suppression - The Manager advised that he had deleted money
for mosquito control feeling that this could be the focus of a
separate article based upon past debates. Board members stated that
they wanted to insure that debate could take place but questioned whether
this might not even be done under the existing operating budget
rather than a separate article. Mr. Hutchinson stated that he
believed that it could and would review it with Counsel.
- 3-
6100 Shade Trees - The Manager pointed out that major increases were for
replacement of the tank on a hydraulic sprayer, planting of larger
trees and an estimated $1,000 in account 281-04 for additional
plantings beyond the current lanscaping proposed for the swimming
pool. Landscaping is not as comprehensive as it might be in the
pool proposal and the contimgency fund is limited. Board members
questioned the practice of providing additional monies for land-
scaping that should have been in the pool project and flagged this
area for additional consideration.
The Manager reminded the Board that heavy typsy moth infestation is
expected this year necessitating additional use of chemicals. Board
members noted some dialogue about types of chemicals that are utilized.
The Manager stated he would review this with the Parks division. The
Board raised the questionaabout why there are not more monies for
trees because of heavy losses consistent with the request of Mr. Williams,
the Conservation Commission Chairman, at one of their meeaings. The
Manager said he would review this with Mr. Mazzerall of DPW again
but felt that the Town's planting program remained adequate.
6150 Dutch Elm Disease - No Comments.
_6400 Cemetery Division - The Manager renewed again energy costs and the
cost of minor operating equipment was now carried in this area,
particularly for items such as sharpening mowers, chain saw repairs,
to wxpedits repairs. Beard members asked how the progress was going
ca the addition to the Cemetery building. The Manager and Mr. Empey
advised that specifications were complete and it was scheduled to go
out for bid in the near future. The Manager stated he would give an
updated report of the timetable for the addition as Board members
considered it unfortunate that the facility was not underway prior to
winter.
Board members concluded the meeting with a re -emphasis of concentration of
enerty estimates recognizing the eajor escalating factors in this area and
asking the Manager to summarize some of the cuts that he had made in the
interests of a stable tax rate recognizing that some of these items are a
deferral and will coat more later. The Manager said he would prepare that
list.
The Board agreed that it would review its goals at the next meeting of the
Selectmen concentrating on overall goals for the Board integrated with
immediate and long-range financial planning.
The meeting concluded at 10100 p.m.
1
Respectfully submitted,
Robert M. Hutchinson, Jr.
Town Manager