HomeMy WebLinkAbout1980SELECTMEN'S MEETING
JANUARY 2, 1980
A regular meeting of the Board of Selectmen was held on Wednesday,
January 2, 1980, 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 read a memo from Ms. Sheila Cheimets, staff member
of the Massachusetts Municipal Associations, regarding federal funds
for bridge inspections. Mr. Hutchinson reported that we do not have
bridges that fall into the outlined categories. Mr. Busa mentioned
the Maple Street bridge and suggested that someone look into it; he
did not know who is maintaining it but it is in a distressing condi-
tion on the sides and underneath hasn't been looked at in years.
Chairman Miley said it was her understanding that when the B & M was
declared defunct, the bridges went over to the state. Mr. Kent said
that Maple Street is the most serious bridge, and requested that Mr.
Hutchinson reference it and the other bridges, most of which have
tracks going over the road rather than under it, when he writes to
the state. Mr. Hutchinson agreed.
Bridges -
Fed.funds
Chairman Miley read a request from Mr. Paul F. O'Brien, 33
Haskell Street, for deferment of the sewer betterment assessment
on Lot 72 Summer Street; previous approval had been granted in
November, 1976 for a 3 -year deferment.
Upon motion duly made and seconded, it was voted to defer payment, Sewer
under the provisions of Chapter 159 of the Acts of 1950, of the sewer Bettrmnt.
betterment on.Lot 72, Assessors' Map 28, Summer Street, owned by Paul F. O'Brien
and Elaine M. O'Brien, in the amount of $567.40, without interest, Haskell St.
until such land or any part thereof is further developed, sold or
until the expiration of three years from the date hereof, whichever
event occurs first; provided, however, that this extension of time
shall terminate immediately if said land or any portion thereof is
further developed or sold.
Upon motion duly made and seconded, it was voted to approve the Minutes
minutes of the breakfast meeting of December 7, 1979.
Mr. Hutchinson recommendedthat the Board sign the memorandum of Ch. 90
agreement between the State Department of Public Works and the Town Funds
of Lexington for Chapter 90 funds in order to keep us eligible for
monies for future projects. If other projects come up, we will be
eligible to participate in the program. One of the more interesting
things we are.investigating=right:noW is that they:have,allowed certain
communities to use Chapter 90 funds for support of the Mass. transit
system. We are going to pursue that over the next several months and
check into the eligibility. The Board agreed.
Upon motion duly made and seconded, it was voted to authorize and
execute the agreement between the Massachusetts Department of Public
Works and the Town of Lexington for Chapter 90 funds in the amount of
Insur.
Committee
Human
Services
Committee/
Reed St.
Proposal
Contract
80-5-E
Selectmen's Meeting
- 2 - January 1, 1980
$81,500, FY 80 $40,750 and FY 81 $80,450, to_reconstruct or otherwise
improve Adams Street, East Street, and/or any other Town Road approved
by the Board of Selectmen and the Commonwealth of Massachusetts Depart-
ment of Public Works.
Mr. Hutchinson informed the Board that the Insurance Committee
will be at the meeting on January 7 to discuss the report submitted
to the Board.
Mr. Kent asked about liability coverage on town officers and em-
ployees, and Mr. Hutchinson said it is not referenced in the report.
We carry $1 million in aggregate and he believed it was not fully
investigated by the committee. Mr. Kent felt that the Selectmen
should have the advice of knowledgeable people on the whole insurance
picture, and he requested a supplementary or amended consideration of
the committee. Mr. Hutchinson said that he would review the area with
Mrs. Banks, who.is handling it with the committee, and report back
next week. Mr. Crain added that because of the very strong point made
about employee education, he thought it would be very helpful in terms
of timeline if administration could be ready to respond specifically
as to how they would envision an employee education program when we
hear the committee's recommendation. Mr. Hutchinson noted and agreed.
Mr. Hutchinson discussed the letter from Mr. Robert French, 40 Reed
Street, expressing his continued concern about institutionalization of
neighborhoods. Mr. French wrote that he had attended a meeting of the
Human Services Committee and the committee had discussed the need for a
policy statement which would help define the scope of its operations;
however, the direction of this discussion left considerable doubt as
to whether the Reed Street problem would fall within the purview of the
committee. Mr. French had requested a committee agenda item in the near
future to determine whether the committee felt that the problem was
properly assigned. Mr. French had enclosed with the letter a report on
the problems, and he requested an opinion of Town Counsel regarding the
proposal.
During the discussion, Town Counsel was instructed by the Board of
Selectmen to deliver an opinion regarding the impact of the Harbor
Schools v. Board of Appeals of Haverhill case and outline to the Board,
the Human Services Committee, and Mr. French the rights that the town
may have within the scope of that decision to initiate procedures that
might deal with recent actions by organizations such as MVMH in neighbor-
hoods.
The Board agreed to Mr. Kent's recommendation to acknowledge and accede
to the request of the Human Services Committee that no further citizens'
problems be referred to the committee by the Board.
Mr. Hutchinson recommended approval of the increased amount of $1,290
in the contract for the scattered sites project as a greater amount of
trench ledge had been encountered on Earl Street and Avon Street.
Upon motion duly made and seconded, it was voted to authorize an in-
crease of $1,290 under Contract 80-5-E to Somerset Paving Corp. for con-
struction work for the Housing Authority's scattered sites program; con-
tract of $27,875 to be increased to $29,165; Appropriation authorized
under Article 18, 1979.
Selectmen's Meeting - 3 - January 2, 1980
Mr. Hutchinson informed the Board that John R. Clarke & Associates,Inc.
Cambridge, has scheduled a meeting in Estabrook Hall with the area residents
of the Parker School on Thursday, January 10, 1980, at 7:30 p.m. to review
the proposal for the Parker School. Clark ,has made arrangements to go be-
fore the Planning Board on January 14.
The Board agreed to schedule a meeting with the Central Business Com-
mittee on January 7.
Mr. Hutchinson informed the Board that a permit hearing for the
Honeywell Company concerning their license application will be scheduled
for a regular Selectmen's meeting.
Mr. Hutchinson requested approval of an addition to the route of the
Boston Tours.
Upon motion duly made and seconded, it was voted to add Route 2 East
and West to the current Common Carrier license of Boston Tours.
Mr. Buse asked Mr. Hutchinson about the proposed reclassification of
the Building Commissioner and requested that it be scheduled as an agenda
item again for further discussion.
Mrs. Battin suggested that the Board schedule a meeting with our
representative on the Minuteman School Committee, Mr. Jackson, and a
representative of the Appropriation Committee to discuss the Minuteman
budget. Chairman Miley said Mr. Hutchinson has been .:balking with
Minuteman on the problem of the traffic light and she had talked with
Mr. Jackson. The School Committee would like to meet with us and after
we get some groundwork done, we will have them in. Mr. Crain said he
was intrigued with the 11 percent increase in salaries, which is pretty
heavy, and 11 percent in transportation, especially at a time when they
are suggesting to broaden the zone, to include Lancaster and Needham,
when energy is so expensive. Chairman Miley said that what we were wori-
ing on was not that budget part of it; that we can discuss with our com-
mittee member ourselves. In fact, if we get the whole School Committee
in, we could discuss the salaries then. Mr. Crain said that if they come
in and don't know we are focusing on a couple of items, it won't be very
productive. Chairman Miley said she would pass that word back to Mr.
Jackson.
Chairman Miley said that Mr. Zabin is here to discuss his letter re-
garding an article on a fair housing resolution, and Mrs. Sunney is here
to deal with HUD Section 8.
Mr. Zabin said that the Fair Housing Committee has been struggling
with the whole problem of fair housing, both from the policy and with
some understanding of what the needs of the town are with respect to deal-
ing with MCAD. Basically, we have tried to define the scope of fair
housing problems in Lexington. We did feel that one of the things we
should get a start on is having the town make a public commitment to
the town meeting to fair housing, not only because we believe basically
it is the right thing to do but it is the kind of thing MCAD is also
looking for communities to do. It really requires a development of
Parker
School
Common
Carrier
License
Bldg.
Comm.
Minuteman
School -
Traffic
Budget
Selectmen's Meeting - 4 - January 2, 1980
consensus by the town boards that have responsibilities of running town
affairs, and housing as well. We are cognizant that there is not a lot of
ti1me to do that kind of work between now and town meeting. It is a de-
cision of the selectmen.
Mrs. Battin asked how much he wanted to say in addition to last
year's resolution? We did make a commitment to the number of units
to the elderly and we talked about low and moderate income. Do you
want to say specifically in numbers in terms of minorities? Mr. Zabin
said that last year's deals really with the issue of low and moderate
income housing. What we are looking for is a policy for the adoption
of a statement of principle as to who is in those homes, and maybe
beyond the public market as well. Mr. Kent said he would like Mr.
Zabin's reaction to tentative concerns he had. His recollection of
what we did last year was not simply work out a policy statement for
the town but came as a result of extended work by a committee which came
up with both a majority and a monority report. What ultimately was
adopted by the town was predicated upon an alternative draft substituted
by members of town meeting on the floor of town meeting, and that was
what he thought had emerged as a housing policy for the town. Now,
we have a fair housing committee and if that committee believes that in
some respect that policy fails to fully meet significant issues the com-
munity ought to meet, he was most receptive to proceeding in some form
to address the committee's concerns. He was not troubled by re -address-
ing the content of that housing policy if the committee believes that it
is deficient in some material respect within the charge which has been
given to the committee. He was troubled by the elaboration of some
separate policy dealing with housing in this respect apart from the
housing policy which was so painstakingly hammered out through the
processes of the town by the committee and the town meeting last year.
He was troubled by the premise that the housing policy really didn't
have anything do with fair housing; he thought it had a lot to do
with it. Now, it may not have been sufficiently explicit and he was
quite ready to support the inclusion in the warrant of an article call-
ing for additional reexamination if Mr. Zabin believed that the committee
process leading up to that can be fully and adequately handled in the
time that exists between now and town meeting.
Mr. Busa said that we are trying to build a utopia here in the town
of Lexington, and he didn't think it could be done in the Commonwealth
of Massachusetts. He fully realized what we adopted last year and he
thought it was a fair housing policy, which should be implemented to see
what the final results are. We have not had results of whether it is
adequate, will work, or will not work. As a citizen and a member of the
board to make a commitment to see that we bring in minorities and ethnic
groups in the town of Lexingtin, either willingly or against their will,
the case of the elderly will come forward. If you are talking specifically
about bringing more elderly, in ten years this will be an elderly town -
more elderly than people who are earning a living; it would mean double
the taxes to support some of the social programs that are coming forward.
He could not support a commitment t� increase the number of minorities in
the town unless someone could convince him that we do not have a fair
housing policy.exclusive, and if that's the case, if we have a policy
that excludes minorities who would love to come into the town, he would
be the first one to fight against it and support the minorities who come in.
He had no problems with minorities, majorities, and ethnic groups.as he
had lived with it all his life.
Selectmen's Meeting - 5 - January 2, 1980
Mr. Zabin said he did not think the Housing Authority or any board
had been consciously engaged in any exclusionary policies; however, the'
recent statistics on elderly housing from the Housing Authority indicate
that there are no members of any minority, if at all. Hewas not saying
that the Housing Authority was not looking into minority applications,
but that there are 148 white occupants of the 148 housing authority units
for the elderly. There are lots of reasons why this is so, none of which
imply that the HOusing Authority in any way has followed a segregationist
policy. But it also indicates that if having minorities live in Lexington
is something that the town ought to strive for because it wants to because
it's good or because the MCAD says we have to, something is wrong with the
approach that somebody has taken to achieve that goal.
Mrs. Shunney said that first of all, this business of Lexington
residents having first preference, it is important that you include in that
that this is only with all things being equal so that Lexington residents
can. On elderly applications, we go through a tenant process, which is
difficult and painful. We have personal interviews and tenants are
selected by need. Mr. Zabin's approach is unrealistic; it is idealistic.
Instead of looking at the make-up of the people in the units, you also
havetolook at the number of people who apply. We probably have more
minority people apply under Section 8 program than we do under the elderly.
We have a number of oriental people apply; it is obvious there is an in-
crease in the oriental population of Lexington and therefore their rela-
tives are going to be needing housing. There doesn't seem to be an in-
crease in the black population in the town; there is an increase, in
indian and orientalpeople, and we have had those applications. We seem
to be at a standstill as we haven't had.a vacant apartment in six months,
and you can't put someone out in the street in order to put someone else in.
We are working with everybody who applies and it just isn't possible to have
quotas. For the most part, the minority groups who apply under Section 8
comefrom a distance - Lawrence, Haverhill, parts of Boston - and they have
to come, be interviewed, fill out an application, and either they are or
are not eligible for a certificate of eligibility; then. they have to go out
and find an apartment in Lexington. Right away, this is a problem as a
lot of them come by. bus. We sit with them and help them fill out an applica-
tion, and they have to have someone to drive them. They have to have access
to what rentals are available in Lexington and, most of the time, apartments
in Lexington are scooped up quickly. There are many factors that come into
this picture and reasons why the breakdown of the people who are actually
in our program. The Housing Authority works very seriously and sincerely
with the need of our applicants, and that is how they are chosen. All
things being equal, I will .admit, and we have to go through this with every
program we have. When you get a program funded, you are going to be
scrutinized in every area before ELCD or HUD gives us that money, andpart
of that is a very serious discussion of the policy. No matter what the
local policy is, it depends upon the agency .that is giving you the funds
for a particular program, and it depends upon the people who happen to
be working in that department at that time. In three or four years, she
had seen changes;- a strong policy one way and then it varies a bit if
you happen to have a change in the person in charge of affirmative action
and equal opportunities, and in charge of tenant policy. We have guidelines,
and we realize we have to have them, but you have to be realistic.in that
you have to deal with the applications that are received and you have to
deal with the people who are giving the money.
Selectmen's Meeting - 6 - January 2, 1980
Mr. Kent recommended against the Fair Housing Committee submitting
an article to the Town Meeting without the fashioning of a resolution in-
volving the taking into consideration the views of a great variety of
people, including the Housing Authority.
Mr. Zabin said that is the unanimous position of the committee.
Mr. Kent said if that is the committee's position, he did not believe
that the time exists for the orderly and the sifting process that has
to go on in something like this and he would urge that they not try to
do it in haste. Mr. Zabin said that the committee Wanted to make the
Board aware of what their thinking is.
Mr. Crain said that one of the frustrations is apparently the incon-
sistency..between the stipulations and criteria of HUD and MCAD, and
he was very cognizant of how long it has taken to get Jane Edmonds to come
out. and start : the process of understanding what the MCAD's position_is,
which then we could attempt to reconcile with HUD. This suggested to
him that this year's town meeting is unrealistic.
Chairman Miley agreed and said that she did not think the resolution
could be put together for this year's town meeting.
Mrs. Shunney said that the Housing Authority has prepared an outreach
letter to be sent to churches, temples, Metco coordinator, and larger
companies in the area, informing them that the houses are in the process
and the Housing Authority will be accepting applications. If names are
submitted to us, in addition to advertising by the rule, we also will
inform any person who has so advised us of an interest. We are compiling
a complete list of places to send the outreach letter.
The .Housing Authority.is'doing•something.right; we have 148 units
and we do have 17 more, $500,000 to purchase more units, and we are work-
ing on legal problems of trying to acquire the condominiums, which is separate
from the $500,000 grant. We looking into some private property and we
are going to have 60 more units.
Regarding the Section 8 letter, the Housing Authority unanimously
opposes the DCA application because of local control reasons. The
Department of Community Affairs is now applying for Section 8 money as
a local housing authority would apply, and it is allocating 1600 units
in the four counties. Mrs. Shunney could see it happening in a com-
munity where there is no housing authority or one not doing its job
but not in Lexington. DCA does not have to give us any information
and we have no idea of where their units are. We would like to see
support from the Board of Selectmen to maintain local control.
Chairman Miley informed Mrs. Shunney that Section 8 was not an
agenda item this evening but would be on the agenda for a decision
next week.
Mr. Hutchinson said that the issue dealing with MCAD and HUD is some-
thing we have to keep re-emphasizing because we also have an affirmative
action plan that this board adopted; a component of that was a housing
program, and the outreach letter the housing authority is sending out
is an indication of the efforts that we are trying to make to reach
appropriate interest groups. We are trying to get a lock on where we
are going. There is no way we are going to have a successful affirmative
action program in the long run if we don't have a transportation system
Selectmen's Meeting - 7 - January 2, 1980
as well as a housing program that provides capacity for people to live
within the community, and we are moving within the direction they want.
We have to request of these agencies what they do want and we have to
come up with some standards to be able to and measure our own goals
against, because that is one of the issues the board references to me
quite frequently. We are going in the rightdirection but in trying
to establish what direction is going to be, evidently we are going to
have to walk onto it. Those questions for this town meeting are too
complex, certainly without the federal and state agencies even being
available to us at this time. Their work as your committee does tie
in with the plan that this board has already adopted.
Chairman Miley agreed. Some of our conservation money was received
because we promised we would meet these goals and with the affirmative
action program, which is what that is, you are sending out to these
people with the assurance that they have as fair an interview and shot
at these different units as anyone else. Working together, we are
going to reach our goal.
It was agreed not to have an article on the resolution for this
year's Town Meeting. Mr. Kent: assured _Mr.: ;Zabin, that his co.nce_rns
with ripeness do not.-'eonstitute`remo.tely a -;discouragement to come to
grips with this and attempt to work through a town policy on this;
there is a great deal to be said for it but it will not be an easy
road and he hoped the committee would do it. Mr. Zabin agreed and
retired from the meeting. Mrs. Shunney is to meet with the Board
next Monday regarding Section 8.
Mr. Hutchinson discussed the following budgets. Members of the
Human Services Committee were present.
Account #2380 -Council on Aging: The bulk of this money is for staff and
program development and, at a subsequent time,we should review this with
CoA, as well as with the Human Services Committee. $35,100.
Account #3300 -Health, $10,950.
Account #3310-MVMH, $30,853.
Account #3320 -Visiting Nurse & Community Health, Inc., $6,800.
Account #3330 -Community Services, $37,388: This is mainly money for Re -place.
The Human Services Committee had been asked by the Board to fonus on MVMH,
Re -place, and CEMARC. Mrs. Perez, Chairman, said that members of the sub-
committee had met with MVMH and Re -place and tried to evaluate what in-
formation they had obtained and come up with' recommendations for the
selectmen. Because of insufficient data, rand even with our knowledge,
we were not able to get the right kind of information that was needed
for tonight. The Board agreed that it was very complex and had been
frustrating to them in the past because of a lack of time and expertise
in these fields. The committee was asked to again meet with these agencies
for an explanation of the budget requests and to evaluate the potential of
redundancy or gaps of services, and come back by February 29 with recom-
mendations . The HSC agreed and retired from the meeting.
Human
Services
Committee
Budgets
Mr. Cohen left the meeting at 9:35 p.m.
Budgets
Selectmen's Meeting
- 8 - January 2, 1980
Upon motion duly made and seconded, it was voted to approve the
Selectmen's operating expense budget, Account #1050, in the amount of
$6,725.
No questions were raised on the following budgets:
Accounts #1065 -Town Manager, $7,000; #1142 -Instate Travel:, ::$10,000: Mr..;
autchitison said .he:is. recommending reimbursement at 17 cents a mile vs.
$15 cents, and we can operate within the budget of $10,000; #1200 -Town
Clerk, $1,400; #1550 -Board of Appeals, $2,430.
Account #1080 -Office Furniture & Fixtures, $1,200: Mr. Hutchinson ex-
plained that the Assessors have asked for $1,000 for new files and
office equipment necessary for the revaluation program. On the over-
all budget, if requested funds are not needed, the money is redirected
to take care of other department requests.
Account #1135 -Out -of -State Travel, $6,000: Mr. Hutchinson can certify
each request and will submit a list to the Board.
Account #1141 -Tuition and Training, $15,000: Mr. Hutchinson is to submit
more information as the Board had question the funding of the cadet train-
ing program. If we make it an internship type of program, obviously we
would have some reduction in this area. He had also provided some monies
in this budget for an update of the organizational development seminar which
was conducted when he first came; to track what has happened since that time
dealing with the staff internally.
Account #1148 -Safety Program, $770: Consistent with the insurance report,
Mr. Hutchinson is to work on -this budget and revise it to allow for some-
thing more comprehensive; we are expecting to work with the Personnel
Advisory Board on the design of that program.
Selectmen's The Board agreed to adopt the goals and objectives, which had been
Goals and discussed at great length at previous meetings.
Objectives Upon motion duly made and seconded, it was voted to adopt the following:
GOALS
SELECTMEN'S GOALS AND OBJECTIVES
OBJECTIVES
A. Center Revitalization 1. Increase parking availability looking
specifically at the Metcalf & Eddy report
and their recommendations for improved
parking, and at reducing number of all
day parking for commuters.
2. Recognizing the need for a vital center
center as the community's civic, commercial,
social and cultural focus, a plan for re-
vitalizing the center shall be prepared by
the Town, the Chamber of Commerce, Lexington
banking and lending institutions, Lexington
industries with, if appropriate, the advice
and assistance of the Executive Office of
Communities and Development.
Selectmen's Meeting - 9 - January 2, 1980
GOALS OBJECTIVES
(Center Revitalization)
Such a plan shall be completed by
December 1, 1980 and submitted to the
appropriate Town Boards, Town Meeting
Members, Commercial interests and Citi.
zen groups for action. It shall include
but not be limited to methods of achiev-
ing commercial diversity, increased social
add cultural activity, improved traffic
flow and increased parking.
Specific proposals should be prepared
for the 1981 Town Meeting including
specific proposals for parking and
transit.
B. Increase Sources of Revenue Decrease ReLianee on Property_Tax
1. Lexington should take the lead in
initiating and maintaining a sus-
tained effort through the Mass.
Municipal Associations and related
municipal organization or, if necessary
alone, a tax reform study with a view to
filing comprehensive legislation no later
than December, 1982.
2. The Manager's office shall study and report
to the Selectmen no later than December,
1980 on ways of increasing non -tax revenues.
This study and recommendations for action
should include but not be limited to the
development of an administrative process
for seeking out and aggressively pursuing
available federal and state funds for all
town services and suggestions for in-
stituting user fees and increasing town
fees for licenses, permits, etc.
3. At national level encourage programs like
revenue sharing which allow for local
flexibility.
Increase Tax Base
1. Establish a Selectman's Advisory Committee
to critically review the status of our ef-
forts to increase the tax base in order to
review the current situation in the antici-
pation of providing imaginative and innovative
alternatives for significantly increasing the
attraction of new and significant additions
to the tax base.
A final report should be prepared by
1981.
Selectmen's Meeting
- 10 - January 2, 1980
GOALS OBJECTIVES
2. Review=.zo-ning and vacant -land -so :.compatible
development_can ,talkerplace. L
C. Financial Management 1. Achieve tax stabilization.
2. Investigate methods of consolidating town and
school functions where possible. Specific
investigating centralized maintenance, finan-
cial management.
3. Consider centralized motor vehicle maintenance:
a. Complete a critical analysis of current de-
centralized motor vehicle maintenance ap-
proach and test the operational and economic
feasibility of centralization by 4/1/80.
b. Establish an implementation schedule if
centralization is inducted by 6/1/80.
c. Implement centralization of vehicle main-
tenance function by 12/1/80.
4. Town Manager should submit by September 1, 1980
a 5 -year projected tax rate.
D. Employee Development 1. Commit the Town to establishing a conscious pro -
Capacity gram to identify high potential employees so as
to provide them with maximum opportunity for
personal development in order to provide a
pool of available internal human resources to
be considered as promotional opportunities
available.
a. By January 1, 1980, to develop a process for
the identification of employees with poten-
tial for promotion.
b. By March 1, 1980, to identify employees who
meet the criteria established in a. above.
c. By May 1, 1980, to establish individual
plans for selected employees with their
input considered, a desirable career path
and ultimate target job.
d. By July 1, 1980, to develop an index of
the specific skills required which may be
acquired through a combination of job and
education experiences.
e. In the month of November each year, to re-
peat the process following the completion
of annual performance reviews.
1
Selectmen's Meeting
GOALS
(Employee Development
Capacity)
/ 36
- 11 - January 2, 1980
OBJECTIVES
2. By December, 1980, expanded educational
and in-service training programs shall be
instituted to up -grade employees' technical,
managerial and interpersonal skills.
3: Develop increased awareness among employees
concerning employee relationships with citi=r_
zens in the community.
Upon motion duly made and seconded, it was voted to adjourn at
10:10 p.m.
A true record, Attest:
Executive Clerk, Selectmen
131
SELECTMEN'S MEETING
JANUARY 7, 1980
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, January 7, 1980, at 7:30 p.m.
Chairman Miley, Mr. Busa, Mrs. Battin, Mr. Crain;: Mr. Kent; ,Mr: U.utchinson,`
Town Manager,.Mrs.. Banks, Assistant to the.Tawn Manager•Mrw Cohen,:Town
Counsel; Mrs. McCurdy, Executive Clerk, were present.
Bos.Edsn. Chairman Miley opened a hearing upon the petition of the Boston Edison
Conduit Company to install 8+ feet of conduit in Waltham Street easterly of Concord
Avenue. Notices of the hearing were sent to the abutters. Mr. Edmund
Kelly, representing the Boston Edison Company, said that this would be
coming off a pole to service 1048 Waltham Street. Chairman Miley read
a recommendation from Mr. Warren Empey, Acting Director of Public Works,
that approval be granted as it would service the building at 1048 Waltham
Street. No one appearing in favor or in opposition, Chairman Miley de-
clared the hearing closed.
Upon motion duly made and seconded, it was voted to grant permission
to the Boston Edison Company for the following location: Waltham Street,
easterly approximately 1,550 feet south of Concord Avenue, a distance of
about 8 feet of conduit.
Mr. Busa said that it had nothing to do with this hearing but someone
ought to bring it to the attention of the Planning Board that manufacturing
plants are not allowed in Lexington. Mr. Hutchinson said that he will refer
it to the Planning Board.
LEXPRESS The Transportation Advisory Committee met with the Board regarding
Mini -Bus Lexpress. Mrs. Sally Castleman, Co-chairman of the Committee, said that
Lexpress has been received favorably in the town and has provided needed
service to the townspeople, and Transportation Management has been pro-
viding the service we have contracted for. As to the economics, when the
Committee wrote the proposal a year and a half ago, we made all our rider-
ship estimates conservatively,:.so we estimated 16 riders per hour and in
fact we are averaging 20; this is a 25% increase over our projections. We
based our cost per hour figures from three bids that we received from trans-
portation companies and on the most recently negotiated contracts with other
towns; so, we estimated $12 per hour when in fact the low bid is $15.39. The
rise in fuel costs and the subsequent accelerated inflation of our costs threw
our budget off by 28%. We have already covered a great deal of the difference
because of our past programs and additional fares going to the Mall and from
our consistently high ridership. However, we still do have a projected
deficit of 5% or $11,000. Me have submitted options for your consideration
and the committee doesn't feel it is necessary to make up the entire $11,000.
Some of our options could be instituted later. We want to make sure that we
don't compromise the consistency and dependability of the hourly schedules.
Mrs. Joyce Hals said that the MBTA will definitely fund $40,000 to $45,000.
After discussion, the Board voted the following:
Upon motion duly made and seconded, it was voted to adopt the recom-
mendations of the Transportation Advisory Committee, (1) To introduce
advertising on the buses; (2) Consideration and gearing for summer cuts;
(3) A cut of two buses between 6:30 p.m. -7:00 p.m.; (4) The institution
of selling transfers at 10 cents. (5) Implementation on February 1, 1980.
Selectmen's Meeting
- 2 - January 7, 1980
Mrs. Nancy Banks came into the meeting.
Mr. John Mackey, Chairman;.Ms. Elaine Sullivan and Mr. Daniel Lucas Insurance
of the Insurance Committee met with the Board. Mr. Mackey thanked the Committee
Board for the opportunity to work on the insurance issues and also Report
offered to reconvene some time in the late spring or thereafter when
the town has had an opportunity to follow up on some of the suggestions
made by the committee. There are two essential observations, (1) We
feel that a safety management program is essential and would mean the
designation of a safety manager to manage the program, whether it be
adding to the responsibilities of an existing person or making sure
that they can provide adequate attention to whatever is accomplished
by the town. We feel that the essential part of lowering insurance
costs is to manage the safety with which the different programs are
being implemented. The other thing we emphasize is, we feel the town
should come to an evaluation of'its liability regarding town property.
As a result of the change in Chapter 258 of the Massachusetts Laws,
there is some question of the legal liability of the town putting cars
on town property that does not currently have coverage, as we outlined
in our report. We believe these are the two most critical areas for im-
mediate work by the town.
Chairman Miley asked if the recommendation on an adviser is common
practice? She read the following, "The Town should consider employing
the services of a professional insurance adviser whenever insurance is
put out to bid. Such an individual can structure the information in a
request for proposal so that it is easier for insurance representatives
to formulate a bid. This might result in more bids being submitted, with
resultant possibilities for lower cost." Mr. Lucas said that this is
common practice in private industry, and some of the municipalities in
the Commonwealth now employ an insurance adviser. -Chairman Miley said
that in this town we have so many people who are willing to give their
expertise, perhaps that might be a resource rather than having another
person on the payroll. We are trying to compress rather than enlarge
at this point. Mr. Hutchinson said that we may have to get someone and
pay him.
Mrs. Battin said that the Mass. Municipal Association has filed
legislation which, if passed, would allow towns to pool their resources
to self -insure. This has been referred to the Insurance Committee.of
the Municipal Association. Mrs. Banks, a member of that committee,
said that they are hoping to have the mechanism in place by January, 1981.
Mr. Hutchinson said that the Board raised the question to him about
public officials' liability and that area really wasn't addressed as it
is such a specialized area. Mr. Mackey said that the town does carry
$1 million in that regard right now; as far as having addressed it further,
if you look at our report on property, we recommend the town consider an
excess umbrei]Ja liability coverage to provide excess coverage over the
present automobile and general liability contracts, and the selectmen's
insurance would be one of the given liability contracts that we were
referring to. Mr. Hutchinson said we are addressing that with our
insurance carrier and we are not sure it is technically feasible as
it is a special liability. Mr. Kent said that relative to the insurance
adviser proposal, how do we operate now with regard to the structuring of
information for bids on insurance contracts? Mr. Hutchinson said that we
utilize the services of Brewer and Lord as an adviser in the sense of
receiving proposals and looking at various firms for -us as an.agent;
Selectmen's Meeting
-.-
January 7, 1980
Brewer and Lord also acts as our broker. We have prepared our own automobile
bids and it has been suggested that we look for some additional advice for
types of vehicles and beyond that to raising deductibles, and having more
comprehensive specifications. Mr. Kent asked if the adviser arrangement
suggested by the committee imports a_division of those functions so that
the adviser in operating' on a compensated basis solely in the interests
of the town with no interest in the insurance furnishing function at all?
Mr. Hutchinson said, "Yes." The adviser can't wear both hats. Mr. Kent
said that this is something that we ought to look to very closely.
Mrs. Battin asked if the Board would be considering the committee's
thoughtful suggestions during the budget process? Mr. Hutchinson said
that we are trying to move on a number of recommendations now. The
question about the adviser requires more time being spent to find out
how that might be implemented. We are investigating the safety program
now and trying to work with volunteer resources, and some of the companies
that are around here might advise us on how to embark upon such a program.
We will respond to each one of these in writing. Mr. Lucas said that the
existing insurors would be glad to offer suggestions to help on additional
safety management. Mr. Crain said that because of the sense of urgency and
resource regarding the safety program, he would recommend the Manager con-
sider first appointing a coordinator and he would suggest he consider
selecting someone from his existing staff to demonstrate the capacity for
additional responsibility which would be an excellent way to test that
capacity and then that person as a focus could establish a date in the
not too distant future to come back to the Board with a proposal for the
safety program. Mr. Hutchinson agreed to come back to the Board within
30 days. Chairman Miley thanked the Insurance Committee and they retired
from the meeting.
Housing Mrs. Mary Shunney, Chairman of the Housing Authority, met with the Board.
Author. Chairman Miley read a draft of a letter from the Town Manager to Mr. Marvin
Sect. 8 Silflinger, Area Manager of the Department of Housing and Urban Development
stating, "The Lexington Board of Selectmen supports the position of the Lexing-
ton Housing Authority, which is opposed to the request by the Department of
Community Affairs to administer 1600 units of Section 8 housing. The town
specifically supports the proposition of the Lexington Housing Authority
that town housing needs are better served when programs are administered by
a local board. We would point out that Lexington is pursuing an equal hous-
ing policy and has had a very successful experience of operation under local
management, in contrast to the state's limited management capacity. In short,
most local governments, particularly Lexington, have done a better job in
operating housing than larger, more insensitive organizations such as the
State."
Mrs. Shunney thanked the Board and the Manager for their support, and
the letter is to be sent to HUD.
1980
Inn- Chairman Miley read an application for an Innkeeper license.
keeper Upon motion duly made and seconded, it was voted to renew the Innkeeper
license license for the Lexington Chalet, Inc., 440 Bedford Street, which was in-
spected and approved by the Fire Department, Health Director and the
Building Inspector.
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Selectmen's Meeting - 4 - January 7, 1980
Mr. Michael Hanlon, Town Engineer, met with the Board to discuss the Inflow/
recommendations of Whitman & Howard and the results of the Inflow/Infiltra- Infiltra-
tion study. He said that infiltration/inflow are two separate and distinct tion Study
types of flow. Infiltration is the flow that comes from groundwater through
cracked pipes or leaky joints. When the groundwater table is high in the
spring, infiltration rates are high, and it is low during the dry season
in the fall. Inflow is directly related to rainfall and if it doesn't rain
you don't .have inflow. The study identifies relative amount of infiltration
and the.inflow-and,- through a cross section analysis, determines the extent
of the possibly excessive amount of I/I; you can compare the cost of trans-
porting and treating I/I vs. cost of removing some systems.
The program consists of three phases, including analysis, evaluation
and rehabilitation. The first phase, the I/I analysis, identifies the
presence, flow rate, and type of I/I conditions which exist. This phase
was approved by the 1976 Town Meeting, with the work starting in July, 1977
and completed in December, 1978. The town was subdivided into 14 mini -
systems and using the EPA criteria, mini -systems 4, 5, 6, 8, 9, 10 and 12
are contributing excessive infiltration, and area 3, Saddle Club area, is
contributing excessive inflow. Using EPA guidelines, the analysis indicated
that approximately 46 percent of the average daily infiltration and 37 percent
of the average daily inflow could be cost effectively eliminated. The cost
to do the analysis phase was $67,000. Based on the information found during
the analysis phase, it is recommended that a compoete Sewerage System Evalua-
tion Survey (SSES) be conducted for infiltration in mini -systems 4, 5, 6, 8,
9, 10, 11 and 12, and for inflow in mini -system 3. This evaluation phase
focuses on the areas of previously determined possibly excessive I/I, and
locates the points of infiltration and inflow by a systematic examination
of the sewer system. SSES will be initiated in the spring of 1980 and
Article 24 of 1978 appropriated $25,000 as the Town's share of the SSES
for inflow. This year, we are recommending to Town Meeting that $75,000
be appropriated to cover the town's cost of the infiltration portion of the
evaluation phase; estimated total cost of $200,000, 18 months to complete.
A separate grant, Step 3, will be sought for the rehabilitation after com-
pletion of SSES, estimated cost of $1,000,000. While the possibility of
overflows would be eliminated once the I/1 rehabilitation has been completed,
the only permanent solution will be the construction of the Millbrook Valley
Relief Sewer. A study has been initiated by the MDC, and -Mr.. Hanlon has been
talking with MDC and the Division of Water Pollution, and he will send them
a letter for their records.
Mr. Hanlon said that the first thing we have to decide is who is going
to do the next phase. There is enough question in my mind that we want to
look for another consultant rather than use Whitman & Howard. At that point
when we have selected a new consultant, they will submit a'proposal to us to
do that work and we will know exactly what the cost is and exactly what we
would have to appropriate. Mr. Hutchinson said that consistent with the scope
of the services to be performed in moving into a new phase of this, we are
going to receive proposals from engineering firms to accomplish the rest of
'the work. Effectively dealing with the project, it is $55,000 up to $75,000
for approximately $300,000 of work to be done based upon the federal sub-
sidies. Mr. Crain said that a firm has done the basic building blocks
phases and would this in any way compromise another firm's coming in and
bidding the next phase? Mr. Hanlon said that it would basically be a lot
Traffic
Park Dr.
Selectmen's Meeting - 5 - January 7, 1980
smoother if the same firm could do the work, as they have had a lot of
experience on this project; to make a change would be ailittle bit cum-
bersome but it can .be overcome.
Mrs. Battin said that she had carried the I/I article last year
and the question raised repeatedly last year and is still being raised
was, with the degree of inflow/infiltration, should we be allowing
building and development in those -areas? The answer that the Board
of Selectmen got, and satisfied us, was that the amount that was going
to be introduced to the system by building was so little compared to the
excess that it didn't make that much difference. What is your sense?
Mr. Hanlon said that is true; both the timing of the building and the
amount that you are going to get is minor compared to what the flows are
right now. Mrs. Frick, Conservation Commission, said the Commission is
concerned about two very extensive developments in the Tophet Swamp area
and the Whitman & Howard report says there is a problem in that area.
Mrs. Battin said that she raised the question as to whether we should be
prohibiting new development in these problem areas and the answer was
that any new development is not going to make that much difference.
Mr. Hanlon concurred, and said that that kind of development would have
a minimum effect. Mr. Crain said it was the decision of this Board to
stop the moratorium on building as a result of an intensive presentation
and consideration, and if the Board feels it is time to take another look
at it in light of current development, it could be done, but he did not
think it productive to talk without having specific facts.
The Board thanked Mr. Hanlon on the I/I presentation and he retired
from the meeting.
Chairman Miley read a recommendation from the Traffic Safety Committee
regarding a request from Mrs. Coppe, President of Pre -School PTA, for
the installation of speed bumps in the circle at the end of Park Drive
and additional signing indicating that it is not a through street.
Upon motion duly made and seconded, it was voted to accept the
recommendation of the Traffic Safety Committee for the installation
of two "Not a Through Way" signs, one at Clarke Street and Park Drive,
and one at Muzzey Street and Park Drive. The committee pointed out the
policy of the town against the use of speed bumps to control speeding,
but assurance has been received from the Police Department that strict
enforcement will continue in the area.
Wilson The Board discussed the report from the Traffic Safety Committee
Road on Wilson Road and agreed to schedule a meeting with the Traffic Safety
Traffic Committee, Mr. Bibbo, and the residents of the area for a more detailed
discussion of the traffic situation.
The Appropriation Committee met with the Board for a review of the budget.
Mr. Hutchinson said that the critical issue is the solid waste issue, and
there is no question we have to be out of there during 1980. Proposals
wa11 be in this month for building a transfer station and a collecting and
non -collecting system. There is a 13% increase in the municipal budget,
$600,000 alone in items dealing with solid waste. In certain areas, such
as energy, we will come back with amended figures. Mr. White said that
Selectmen's Meeting. - 6 - January 7, 1980
the committee is meeting twice a week and we will complete our report
on Saturday, January 26. There are going to be a lot of unrealistic
issues and he hoped they could get a handle on solid waste this year.
We are concerned about the energy area and we are going to have to deal
with thalibrary using 100% over last year. Also concerned about the
timing of the police communication system this year or next. The
renovation of Munroe we don't think is realistic. We would be in-
terested in getting your timing on Munroe. We will be meeting with the
Minuteman School and we get -the feeling their budget may be down a
bit. At this point, that's all we can say. The Appropriation Com-
mittee retired from the meeting.
The Board discussed the possible additional MBTA assessment and
voted the following:
Upon motion duly made and seconded, it was voted unanimously to MBTA
wholeheartedly support the vote of the META Advisory Board that the Assessment
Budget Committee be charged with the responsibility of expressing
to the Governor the concerns of the full board regarding his im-
proper and inappropriate takeover of the Authority, that no costs
incurred by the takeover be levied on top of the approved amount
assessed from local property taxes; the Board would take the
strongest possible action to resist payment of any such costs.
Upon motion duly made and seconded, it was voted to approve the Minutes
minutes of the Selectmen's meeting of October 22, 1979.
The Board agreed to schedule a meeting with the Planning Board Center
Center Revitalization Committee to discuss the committee's report. Revitali-
A copy of the Selectmen's goal on Center Revitalization is to be zation
sent to interested committees.
Mr. Hutchinson recommended that the Board award the contract Semline
for printing the warrant. Warrant
Upon motion duly made and seconded, it was voted to award the Printing
contract to Semline, Inc., Braintree, for printing the warrant for
the 1980 Annual Town Meeting and the Appropriation Committee and
Capital Expenditures Report, at $58.81 per page.
Upon motion duly made and seconded, it was voted 5-0 by roll call Executive
vote to go into executive session for the purpose of discussing matters Session
of.real estate, with no intension 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
10:00 p.m.
A true record, Attest:
522 c
Executive Clerk, Selectmen
VOID
1
SELECTMEN'S MEETING
JANUARY 14, 1980
A regular meeting of the Board of
Meeting Room, Town Office Building, on
Chairman Miley, Mr. Busa, Mrs. Battin,
Town Manager; Mr. Cohen, Town Counsel;
Manager; Mrs. McCurdy, Executive Clerk
Selectmen was held in the Selectmen's
Monday, January 14, 1980, at 7:30 p.m.
Mr. Kent,Mr. Crain; Mr. Hutchinson,
Mrs. Banks, Assistant to the Town
Chairman Miley opened the street hearings on Tower Road, Garfield
Street, Sunny Knoll Avenue, Rockville Avenue, Sherburne Road, Kendall
Road, and Sanderson Road. Notice of the hearings had been sent to the
abutters by the Engineering Department. Mr. Michael Hanlon, Town
Engineer, and Mr. Peter Chalpin, Assistant Town Engineer, were present.
Mr. Hutchinson said that his recommendation is specifically for Rockville
Avenue and Kendall Road. Mr. Chalpin presented the following streets:
Tower Road, 575 feet, 40 ft. layout, 24 ft. pavement, sidewalk on the odd
numbered side, permanent taking relevant to roundings, 12" maple tree to
be removed; $51,750. Recommended by the Planning Board. Not recommended
by the Town Manager. Residents in favor: Mr. Hill, 32 Tower Road; Mr.
Richter, 30 Tower Road; Mrs. Nettleton, 35 Tower Road. Residents in
opposition: Mr. Lees, 29 Tower Road; Mr. Shaine, 37 Tower Road; Mrs.
Whiteside, 19 Independence Avenue.
Garfield Street, 950 feet, 50 ft. layout, 24 ft. pavement, sidewalk on
the odd numbered side, takings at Reed Street and Ward Street, 12" and
6" trees to be removed; $104,500. Recommended by the Planning Board.
Not recommended by the Town Manager. Mr. Eric Clarke, President of
Lexington Interfaith, said the street would be desirable and the fact
that the drain would be incorporated; we need that kind of an access.
Mr. and Mrs. Richard Guest, 15 Garfield Street, were in favor of the
street but not the'.sidewalk. Residents in opposition: Mrs. Reasenberg,
16 Garfield Street; Mr. Richard Crogan, 24 Garfield Street; Jerome
Garrity, 30 Garfield Street; Christy Ligor, 11 Garfield Street,
Mrs. Samson, owner of the property at 11 Garfield Street, asked why the
sidewalk would be put on the side where two different residents would
be adversely affected? Mr. Chalpin replied that it was an arbitrary
judgment as that was the side the ballfield was on.
Street
Hearings
Tower Rd.
Garfield St.
Sunny Knoll Avenue, 609 feet, 40 ft. layout, 24 ft. pavement, sidewalk Sunny
on the even side, takings for roundings, 4 trees to be removed, $54,800. Knoll Ave.
Recommended by the Planning Board. Not recommended by the Town Manager.
Mrs. Claire Dean, 11 Sunny Knoll Avenue, said she and Mr. and Mrs. Cooper,
43 Reed Street (corner of Sunny Knoll Avenue) were in favor. Mr. Angelo,
3 Sunny Knoll Avenue, said he had submitted a petition in opposition,
listing the residents of 1, 5, and 9 Sunny Knoll Avenue, and 218 Bedford
Street.
Selectmen's Meeting
- 2 - January 14, 1980
Rockville Rockville Avenue, 360 feet, 40 ft. layout, 24 ft. pavement, sidewalk on the
Avenue odd side, 2 trees tobe removed, takings at roundings, $72,000. Recommended
by the Town Manager.and the Planning Board. Mr. Chalpin said there would
be takings at'the Davis Road end and there would be takings from Mr. Anthony C.
Buse at the Philip Road end. We would be reconstructing some distance
on Philip Road on either side of the school driveway and also some of
the school driveway.in order to bring the grade up to a point where
Rockville Avenue is flattened. Mr. Anthony Busa said he owned the property
which was taken by the town at the lower end of Philip Road. He was not
opposed to having the road either paved or sewered.but he would like to
know the intent of the town at this particular time as to what direction
they plan to go. Do they plan to put sewerage in? Do they plan to put the
street in? If so, who and when will they discuss the taking - if it is a
taking - or the exchange - if it is an exchange. Whatever matters will be
arrived at so that the town will pass from Rockville Avenue over the property
he owns onto Philip Road. Mr. Kent said that before we decide whether we
wish to recommend the street, we ought to know whether there is a public
easement over it. If not, it becomes relevant to know whether the town can
work out an agreement with Mr. Anthony Busa. We need to know these things
before we lay out the street. The Board agreed that this information is
required before a decision is made.
Sherburne Sherburne Road, 500 feet, 40 ft. layout, 24 ft. pavement. Mr. Chalpin said
Road we are proposing only to pave and increase the adequacy of the drainage in
that section. We had originally proposed a cul-de-sac but that has been
eliminated. Estimated cost of $20,000. Not recommended by the Town Manager.
The Planning Board recommends acceptance of the layout of only the existing
paved portion of Sherburne Road and strongly opposedconstruction of a turn-
around, which would open an extremely wet area to further development and
would create frontage for at least three new lots. Any extension of this
street should be made under subdivision control at developer's expense and
with appropriate Conservation Commission restrictions. Mr. Hutchinson said
this is an existing road that is bumpy; it has a surface on it. There is a
question whether this is road reconstruction, and he would like more time
to review it. It is an unaccepted street and was paved by the developer.
Kendall Kendall Road, 415 feet, 50 ft. layout, 24 ft. pavement, $37,350. Mr Chalpin
Road said we are not recommending sidewalks as this is a stretch of 415 feet in
the middle of Kendall Road and there are no sidewalks anywhere in sight.
Mr. Crain said he was confused as he had heard earlier that when you go in
to do roads, sidewalks area negligible, conditional cost. Mr. Hutchinson
said the portion of the road that we are doing does not tie into any side-
walk system but that does not preclude in the future that the town will not
consider a shole sidewalk going up to Marrett Road. One of the concerns he
had was what are we going to do in ten or twenty years from now. Mr. Crain
said he had not heard anything to dissuade him, and he didn't see why we
wouldn't do it. Mr. Kent said that he could understand not building a side-
walk if the paved portions o.f the newly paved portions did not have sidewalks
1
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Selectmen's Meeting
January 14, 1980
unless one could reasonably predict that by doing this paving, one would create
an additional traffic flow -not only on the newly paved portion but on the ad-
jacent already paved portion, thus necessitating sidewalks where we don't
presently have them, and then of course this strip would make more sense
as a suggestion is made in accordance with the policy to do this one now.
His question is, .are we tying loose ends together by doing this in such a
fashion that we are as a practical matter going to make a travel way out
of something which is at the present time only carrying local residents?
Mr. Hutchinson said the answer is yes. Mr. Kent said in that event, Mr.
Crain's query is. relevant. Mr. Hutchinson said that we will get a cost
estimate of a sidewalk going with the existing road construction.
Mrs. Perkins of Foxboro, Mass. said she owns all the property on one side
of Kendall Road. When she had lived on the corner of Grapevine Avenue and
Kendall Road, the upper portion from Route 2A down to her driveway was
paved, just that one portion. Sidewalks are there; they were installed
when the new development on the circle was put in and the builder paved
from her driveway down to his new road in. No sidewalk was put in. There
are sidewalks in sight up to Marrett Road. As far as putting one in down
below, if you lived on that corner and had seen the traffic starting on
Marrett.Road and coming down that hill to get through to Worthen Road...
and this was when the road was all dirt, she could imagine what the traffic
is going to be with the road completed. Children walk down from Sherburne
Road to take the school bus. There will be a problem with cars coming down
that road as it is hard to see the children. She believed there are six
families involved, five on one side of the street and she being on the
other side, and she wondered if they would want this. Mr. Richard Gilberti,
81 Kendall Road, said that all five residents are in favor and not to delay
it. With respect to the sidewalk, he would not be opposed as it would beta
reasonable addition. We all recognize that it is going to be a cut -through.
Mr. Louis Coppi, 83 Kendall Road, Mrs. Marion Zimmerman, 85 Kendall Road,
Mr. Paul Parr, 87 Kendall Road, said they were in favor. Mrs. Perkins said
she would like more information as she felt she was outvoted. It was men-
tioned earlier that the cost of the sidewalk is much less if it is put in
at the time the road is put in, and if indeed this is going to be paved
anyway, she thought that a sidewalk should be in there because children are
coming down half way on a town way on a sidewalk and then they are diverted
into the street. She asked how the price would change because of the sidewalk?
She recommended that the sidewalk be installed on the side where the houses are.
Mr. Chalpin said there would be an additional betterment of $1.50 per foot if
the sidewalk is installed. Mr. Hutchinson said the problem is that the sidewalk
which was not put in by the town might not be town standard design for the side
Mrs. Perkins' property is on; it was not put in by the town. Mrs. Perkins asked
who paved the upper portion of Kendall Road from Marrett Road? That was voted
at a town meeting, and there is a sidewalk. Mr. Hutchinson said we can check
that information out. If we ran the sidewalk on the other side of the street,
it would mean that you are asking people to walk on one side and then:cross
over to the other. Mr. Crain suggested that the Board Inokto,the Engineers
for clarification. Mr. Eric Clarke said this is one of the worst intersections
Selectmen's Meeting 4 - January 14, 1980
in the town, Marrett Road to Waltham Street and around the corner from
there; there is a considerable amount of traffic, and school traffic
would add to that. One would want to think very hard before one opens
that particular layout to traffic which is much more than ordinary streets
which do not connect two important areas together. We in Town Meeting
talked of extending Worthen Road to Marrett Road and it was defeated, and
he hoped that Town Meeting will reconsider that some day so that pressure
will be relieved. If you open this piece at this time, you are going to
get far more increasing traffic than anyone can foresee. Mr. Gilberti said
we recognize the traffic flow but we are also living with the kinds of
problems we are coping with, and the frustration. Chairman Miley said
that the Board hears what you are saying, and it is a difficult one.
We are hearing each side. Mr. Kent said that Mr. Clarke's contribution,
if it does nothing else, underscores Mr. Crain's concern about the side-
walk.
Sanderson Sanderson Road, from Bryant Road to Station 13 + 50.36 on Sanderson Road.
Road Mr. Chalpin said this is a matter of procedure as it is a subdivision
street done by the developer. Mr. Kent asked when the construction is
being done by the developer, what is the situation with respect to sidewalks?
Mr. Chalpin said he believed there is at least one sidewalk on Sanderson Road.
Mr. Kent asked if any agency of the town, including the Planning Board, has. -
any control over whether when this is done, there is a requirement with re-
spect to sidewalks? Mr. Chalpin replied that generally. in our review, we
recommend that at least one sidewalk be included. Mr. Hutchinson said
the Planning Board in recent years has waived the requirement of sidewalks
in a.hiimbdr of subdivisions, and it is an area of concern that we probably
should address as we look to the future. Mr. Cohen said the Planning Board
has their rules and regulations and they include sidewalks, but they have full
power to waive them.
Adams For informational purposes, Mr. Chalpin discussed Adams Street, He
Street said that we are proposing to reconstruct Adams Street from a point half
way between Westwood Road and North Street 660 feet to the Burlington
town line. The layout width as it exists is 50 feet and we are proposing
to construct a 24 ft. roadway and lower the hill and take some of the
curve out.. There would be no permanent land takings but we will require
temporary construction easements. We will be building a stone masonry
wall as well as lowering the roadway. This will alleviate the blindness
of the corner between North and Adams Street. Mr. Wathen-Dunn asked
if we would be eligible for Chapter 90 reimbursement? Mr. Hutchinson
said we had investigated this before and we are not going from one com-
plete tie-in of one street to the line. Chairman Miley said that we did
that at the other end for Chapter 90 for the last two years. Mrs. Battin
said that we weren't meeting Chapter 90 requirements and we had said we
would have to do it on our own. The abutters said they did not want
Chapter 90. Mr. and Mrs. John Martis, 104 North Street, were present.
Mr. Martis asked for details. Mr. Chalpin said that we have a rough
profile, and in order to do the project, we would have to survey the
street. He was not talking about any drastic change.but we hope to
make it as safe as most intersections in town; it would certainly
improve the current situation. Mr. Martis said he lived on the corner
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Selectmen's Meeting - 5 - January 14, 1980
of North and Adams Streets and realized it is a critical problem but he
wondered if we are being overly symplistic in the design. As he under-
stood it from the Police, it is not the most dangerous corner in town and
he didn't think the safety would be improved by widening the corner, but
would increase the danger; now, they come out very cautiously. He felt
the speed limit in that area should be 30 MPH and that would give braking
possibilities: If you increase the sight line, you aren't accomplishing
much for $53,000. The street is being used for access to the Mall and,
with the Leahy Clinic being there, one section will not improve the
situation. He would hate to see it done piecemeal.. and waste money,
but he did not know what the answer is. Mr. Kent said that this Board
was quite persuaded that the increase in traffic was going to take place
on Adams Street whether we do anything about these conditions or whether
we don't. That is why this Board was very much in favor of Chapter 90
reconstruction on Adams Street, and that attempt failed on the floor of
the Town Meeting. It is fair to say this was entirely due to the very
vigorous objection by a host of people living the length of Adams Street.
Nevertheless, it is also fair to say that there was a consensus amongst
those people that the town ought to do something about that blind corner
at Adams Street and North Street. Mr. Martis has identified two issues
where the presentation has assumed one. He was not really sure what the
relationship is between the widening of Adams Street twixt North Street
and the Burlington line and attempting to do something with respect to
the sight line at that corner. But, at least with respect to the sight
line at that corner, this Board has felt for some time that we have a
responsibility for doing something about it. If we can't re -do Adams St.
it seems the Engineers are proceeding along the line of which we would
have them proceed. However, before we give final approval, perhaps we
ought to have more in front of us than we do at the present time. Mr.
Frank Martin said he lived on the other corner and you have to come out
more than half way onto Adams Street. The only solution would be to
cut a slice out of that hill; lowering the road is not a solution; cars
come down at 50 to 55 MPH and traffic is getting worse. Mr. Chalpin said
a slice would be taken out of the embankment about 12 feet with an 8 to
9 ft. stonewall on Mr. Martis' property, and a 5 ft. sidewalk up against
the wall, and 5 percent would.be of<.grass before you get to the end of
the road. Chairman Miley asked where the sidewalk would go..bhen? Mr.
Chalpin said that there is a sidewalk down to North Street and it will
be continuing up to the Burlington town line. There were no further
comments or questions, and Chairman Miley thanked all for attending
the meeting.
Chairman Miley read a report from the Traffic Safety Committee regard-
ing a request from Mr. Bruce Adams, 12 Linmoor Terrace, for a Yield -Sign -at
Preston Road and Simonds Road.
Upon motion duly made and seconded, it was voted to accept the recom-
mendation of the Traffic Safety Committee to deny the request of Mr. Bruce
Adams for the conversion of the existing Stop sign at Preston Road and
Simonds Road to a Yield sign. It was the Committee's feeling that this
location does not meet the warrants for a Yield sign; specifically, the
safe approach speed does not exceed 10 MPH.
Traffic -
Preston/
Simonds
Street
Sal e
Minutes
Housing
Formula
FY 81
Sewers
Concord
Septage
Council
on Aging
Appt.
Warrant
Format -
TMMA
Housing
Authority
Wood &
Alpine St.
Lot
Selectmen's Meeting - 6 - January 14, 1980
Chairman Miley read a request from Ms. Margot Shaw, 4 Upland Road,
to conduct a street sale on Upland Road and to close off the ends of
the street. After discussion, the Board voted to .deny the request.
The Board agreed to discuss the appointment to the Fair Housing
Committee at the next meeting.
Upon motion duly made and seconded, it was voted to approve the
minutes of Selectmen's meetings of October 29 and December 19, 1979.
Mr. Hutchinson informed the Board that a meeting is being arranged
with the Office of Communities and Development concerning a housing
formula regarding the disposal of funds to communities. We have
questions with respect to their policy and we are trying to resolve
what they mean by this formula.
The Sewer Advisory Committee met with the Board. Mr. Hutchinson
said we can move the deliberation of the capital program to Wednesday
evening and we can now review the recommendation of the Engineering
Division for Chadbourne Road -$73,000; Waltham Street -$58,400; Pleasant
Street at Wilson Farm End -$45,260; Lee Avenue s/easement-$14,600;
Clelland Street -$8,760; North Street from Lowell Street to Burlington
Line -$56,575; North Street along Willards Woods -$170,820; James Street -
$55,115; Hazel Road -$23,360; Grove Street -$31,025 - Total $536,915.
Concord Avenue Gravity -$96,725 and Force Main $68,985; Amherst Street
$18,250 and Easement -$48,910; Hayward Avenue -$40,150; Fairview Avenue
$31,390 - Total $304,410.
Mrs. Fricker, Chairman of the Sewer Advisory Committee, said that
almost all of this is in line with what we have recommended.
The Board approved Mr. Hutchinson's recommendation that the town
of Concord be informed that their request regarding Concord's septage Would
be referred to Mr.. Hutchinson for reports to be submitted from the
Department of Public Works and the Health Department.
Mr. Hutchinson requested approval of his appointment of Ms. Pamela
Thomson to the Council on Aging.
Upon motion duly made and seconded, it was voted to approve the
Town Manager's appointment of Ms. Pamela Thomson, 34 Revere Street.
Mrs. Banks said that she had gone over the modifications suggested
by TMMA on the warrant format and has been working with TMMA members on
them, and they have offered assistance on the warrant. Mr. Hutchinson
said that we did not feel it necessary to take their suggestion on
Article 4.
Mr. Cohen recommended that the Board sign the deed conveying
Site 21 at Wood and Alpine Streets to the Lexington Housing Authority.
This had been voted some time ago. The Board signed the conveyance.
3
Selectmen's Meeting - 7 - January 14, 1980
The Board discussed the list of Articles for the Warrant for the 1980
1980 Annual Town Meeting. Warrant
Upon motion duly made and seconded, it was voted to insert 80 Articles.
Articles in the Warrant for the 1980 Annual Town Meeting.
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 litigation and one real estate matter.
After discussion, it was voted to go out of Executive Session.
Upon motion duly made and seconded, it was voted to adjourn at
11:00 p.m.
A true record, Attest:
xecutive Clerk, Selectmen
VOID
1
1
1
SELECTMEN'S MEETING
JANUARY 21, 1980
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Tawn Office Building, on Monday, January 21, 1980 at 7:30 p.m.
Chairman Miley, Mr. Busa, Mr. Kent and Mr. Crain; Mr. Hutchinson, Town
Manager; Mr. Cohen, Town Counsel; Mrs. Nancy Banks, Assistant to the Town
Manager; Mrs. McCurdy, Executive Clerk, were present.
Mr. Louis Z'ehner, Town Treasurer, requested the Board's approval to
borrow $60,00 for swimming pool construction and $90,000 for sewers. He
recommended an award to the lowest bidder, Shawmut County Bank, at 5.55%.
Upon motion duly made and seconded, it was voted to approve the
recommendation of the Town Treasurer to borrow $60,000 for swimming
pool construction and $90,000 for sewers from the Shawmut County Bank
of Cambridge at 5.5 percent, notes to be dated January 25, 1980 and
refunded with the proceeds of a bond issue also to mature on May 17, 1980.
The Board discussed and approved a new member of the Board of
Directors of Bora, Bora, :Inc. and to sign new 1980 Common Victualler
liquor and food licenses bearing new hours of operation set at a
previous Board of Appeals' hearing.
Upon motion duly made and seconded, it was voted to approve Mr.
William Chin as a member of the Board of Directors of Bora, Bora, Inc.,
177 Massachusettls Avenue, and to sign the 1980 Common Victualler liquor
and food licenses for the hours of Sunday through Thursday -11:00 a.m.
to 9:30 p.m.; Fr%iday and Saturday -12:00 Noon to 10:30 p.m. ABCC approval
of Mr. William Chin is to be requested.
The Board discussed a letter from the Waltham Planning Director
regarding the land involved with the Metropolitan State Hospital and
Middlesex County Hospital, and enclosing a copy of a Waltham City
Council Order passed on December 10, 1979 as to the possibility of
Waltham acquiring title to the hospitals and directing the City Planner
to develop some initial plans as to their alternate possible use.
After discussion, Mr. Hutchinson agreed to write to the Waltham
Planning Director recommending that he work with the Lexington Planning
Board regarding ',proposals between Waltham and Lexington. Lexington
feels that any planning, particularly on property located within the
town, must consider the zoning requirements and objectives of our com-
munity. Also, tp point out that reports on studies made of this land
are available in the Lexington Planning Board office.
Upon motion duly made and seconded, it was voted to sign a 1 -Day
Liquor license tp the United Way for a reception an February 7, 1980
at the Museum of our National Heritage.
Treasurer
Liquor
Com.Vict.
Licenses
Bora, Bora
Waltham
Request Re
Metro.State
Mdlsx.County
Hospitals
1 -Day
Liq.Lic.
Selectmen's Meeting - 2 - January 21, 1980
Land The Board discussed a request from Mr. Harold Sinclair, 590 Lowell
Purchase Street, to purchase abutting Lot 32 Lowell Street.
Request Upon motion duly made and seconded, it was voted to refer Mr.
Sinclair's request to purchase Lot 32 Lowell Street to the Town Manager
for a response redommending that Mr. Sinclair's attorney investigate
the ownership of the lot and again submit the request if it is found
to be owned by Lexington.
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes
of January 2, 1980 and to table the executive session minutes of October 29,
1979.
Appt. The Board discussed an appointment to the Fair Housing Committee
Fair and Mr. Buse nominated Mr. Ronald S. Y. Chi.
Housing Upon motion duly made and seconded, it was voted to appoint Mr.
Com. Ronald S. Y. Chi, 26 Marrett Road, a member of the Fair Housing Committee.
School Chairman Miley read a letter from Mr. Michael F. Koehn concerning
Street traffic on School Street, particularly high-speed drivers.
Traffic Upon motion duly made and seconded, it was voted to refer Mr. Koehn's
request to the Traffic Safety Committee for a report and to the Police De-
partment from a traffic enforcement standpoint. School Street traffic will
be discussed when the Wilson Road residents meet with the Board.
Resigna. Upon motion duly made and seconded, it was voted to accept with
CATV regret the resignation of Dr. Peter Shapiro as a member of the Cable
Television Advisory Committee.
Sewer Upon motion duly made and seconded, it was voted to sign Orders for
Construe. Construction of Sewer for Grant Street, Robinson Road, Middleby Road.
Orders Also, to sign Orders of Sewer Taking for Bird Hill Road, Carville Avenue,.
Davis Road, King Street, Meadow Brook Avenue & Wellington Lane Avenue,
Rockville Avenue, Round Hill Road, Winship Road.
Mrs. Miley abstained on the vote to sign the sewer construction order
for Robinson Road.
Express Mr. Hutchinson presented the proposal from Mr. Goodman, Vocell Bus Co.,
Bus Fare for a new fare structure for the Lexington/Boston express commuter bus:
Increase Single ride ticket -$1.60; 12 -ride book -$18.00; Monthly pass -$48.00.
Mr. Crain questioned the elimination of the 20 -ride book for $25.00
and Mr. Hutchinson agreed to contact Mr. Goodman for clarification.
Upon motion duly made and seconded, it was voted to table the request
for an increase in fares on the Lexington/Boston express bus line.
Hearing - The Board approved Mr. Hutchinson's recommendation to set the hearing
Honeywell date on February 11, 1980 for the request from Honeywell for a gasoline
Gasoline storage permit.
Selectmen's Meeting - 3 - January 21, 1980
Mr. Hutchinson recommended approval of an extra work order for the
Patricia Terrace Sewer.
Upon motion duly made and seconded, it was voted to approve the
Manager's recommendation to issue Extra Work Order #1 under Contract
#80-1-E, awarded to Great Northern Constructors, at a cost of approx-
imately $5,000, compensation to be on a unit price basis. Authoriza-
tion is contained in the appropriation under Article 20 of 1976.
Upon motion duly made and seconded, it was voted to accept, the..
Manager's recommendation to approve bonds for Deputy Collectors Paul E.
Kelley and: Ellem:M.':Kelley inHthetiamount of $5,000, each.
Mr. Hutchinson recommended approval of a transfer of $2,500 to the
Fire and Police Medical Account,topay bilis on hand amounting to $4,945.06;
present balance of $3,652.16 in this account.
Upon motion duly made and seconded, it was voted to request the Ap-
propriation Committee's approval of a transfer of $2,500 from the Reserve
Fund to Account #1125 -Fire and Police Medical.
The Council on Aging and the Recreation Committee met with the Board.
Mr. Hutchinson said that the Council on Aging would like to review their
budget with you, and I believe we are all in reasonable agreement on this.
They have requested $35,100 and I have recommended $34,425. Part of this
is to bring salaries into line and an area of rental increase for square
footage of the church facilities. Mrs. Joan Melcher, CoA Coordinator,
presented a chart of all activities and Mr. Sen, Chairman, said if we
had to make a gross estimate of what this program is, we have about
$30,000 which is used for 3,000 seniors; we get about $25,000 worth
of volunteer time For the $2,500 we give to Minuteman Home Care, that
replicates back to us for $40,000. We have shown you programs that
represent about $00,000, of which we ask about $30,000. Mr. Busa asked
if there is any mOney from state aid? Mr. Hutchinson replied that there
is no money for drect operating costs; what we are pursuing is money for
eventually rehabilitating a center or some initial staff support for
equipping a center. Right now, as far as we no, there is no money avail-
able for equipping a center. Mr. Sen added that we do get a direct grant
of $1,200 a year for the Elder Chorus but it is a one-shot thing.
Chairman Miley thanked the members of the Council on Aging fox` their
presentation.
Mr. Hutchinson said the only thing he did not recommend on recreation
at this time was their capital budget. There are a number of items that
are worthwhile but he recommends they be deferred. Mrs. Uhrig, Chairman,
discussed the suggested list of playground repairs for $25,000, including
Kineens-$8,950; Garfield -$3,310; Rindge-$2,250; Baskin -$4,950; Marvin
Street -$1,370; Ivan Street -$3,220; Center -$1,150. The capital request
for $25,000 is for upgrading the neighborhood parks and tot lots; last
year, we got $15,000 for Sutherland Park and that is underway. This year,
we took the remaining park areas and what they needed done and put it into
one budget. This is within the scope of the master plan and also suggested
that we spend on the order of $50,000 a year for a few years. We will be
asking for no more than $55,000 over three years, and if we do not have
enough money to finish Sutherland, we will come back next year for the
remainder of that. We did want to get going on the others in the interim.
Patricia
Ter.Sewer
80-1-E
Bonds
Transfer
Request
Budgets
CoA -
Recreation
Committee
Selectmen's Meeting
- 4 - January 21, 1980
The board members questioned items which could be classified as
maintenance and done by town forces and after discussion it was agreed
that Mr. Hutchinson is to come back at the Wednesday meeting with a
list of capital and maintenance items. Mr. Hutchinson added that he
did not think the parks were in bad shape and it is just a matter of
how much we are going to do at this point in time.
Ms. Joan Halverson, Recreation Coordinator, that the pool construction
is on schedule; the target completion date is by May 31 but might not be
until the end of June. Recreation is in the process of putting together a
pool schedule for lessons, etc. The board emphasized the need for proper
fencing around the pool during construction and agreed that Mr. Coscia,
Clerk of the Works, is responsible to the Permdnent Building Committee,
to the Manager, to the Selectmen. Fencing should be relayed thru the
Building Committee not the Recreation Committee.
The Recreation Committee and the Council on Aging members retired
from the meeting.
1
Min.Man The subject of traffic conditions at the Minuteman Vocational School Minuteman
School were discussed briefly and Mr. Busa agreed to talk with Mr. Robert Jackson, School
Traffic Lexington's Minuteman School representative, regarding all pertinent back- Traffic
ground information.
FY.:81
Streets
Vote to
lay out
Mr. Hutchinson recommended that the Board vote to lay out Rockville
Avenue, Kendall Road and the subdivision street,Sandetson Road.
Upon motion duly made and seconded, it was voted to lay out the
following streets:
Rockville Avenue from Philip Road 360+ feet to Davis Road.
Kehdal.l.Road from Appolo Circle 415+ feet Vine Brook
Sherburne Road from Dane Road southerly to dead end
approximately 500 feet.
A decision on Tower Road will be made at a later date.
Hutchinson agreed to respond to a letter from Mr. Hal Miller -Jacobs,
17 Swan Lane, that there are no present plans to extend Rockville Avenue
beyond the section proposed for construction in the 1981 budget. There
are no plans to do the middle or upper part of Rockville Avenue.
1979 Mr. Hutchinson recommended that the Board award the contract for
Town printing the Town Report to the lowest bidder, Semline, Inc.
Report Upon motion duly made and seconded, it was voted to award the contract
for the 1979 Annual Town Report to Semline, Inc. in the amount of $7,166.
Center Mr. Hutchinson briefly discussed the proposed location of a public
Pay pay telephone in the Cent r and pplformed the board that the Historic
Phone Districts Commissionitonat breciER g tailed at Colpitt's or Andersons
and indicated a preference to the CVS store near the lights. The matter
will again be an agenda item at the HDC meeting on January 30, and Mr.
Hutchinson agreed to come back to the Board at the next meeting with
his recommendation.
1
Selectmen's Meeting
- 5 - January 21, 1980
Mr. Hutchinsdn discussed the request of Jonathan Clarke to purchase Banks
town -owned land on Banks Avenue. The original position of the Housing Avenue
Authority was that it was not a building lot and it was not included Town -
on the list of scattered sites; however, the Assessor has looked at it owned
and informs us that it is buildable. Mr. Hutchinson said that it is lot
his intent to pursue the idea, consistent with the.Board's policy,
that the Housing Authority continue to have first crack at it.
The Board agreed that the Assessor is to again evaluate the lot
before Mr. Hutchinson responds to Mr. Clarke.
Fire Chief Bergeron met with the Board to discuss the replacement Fire Dept.
of the ambulance at a cost of $38,000.and to keep the old ambulance as Ambulance
a spare to fill i{l when the first unit is down for maintenance or re-
pairs. The propoeed new vehicle will have an all -aluminum box on a van
chassis; this will produce a better ride as complaints have been re-
ceived on the rough ride the presentvehicle gives. Other options are
to purchase a new'van type ambulance and trade in the present vehicle;
cost of $27,000. ',Replace the existing truck chassis and transfer the
present box onto it; cost of $15,000. Defer the replacement; cost will
be a vehicle with at least 70,000 miles and 5,400 engine hours before
a replacement could be acquired in FY 82. This decision option would
be the worst possible decision for the community with a high risk of
extensive down time and vehicle failure.
After discussion, the Board agreed to take under advisement the
possibility of favoring the option of having a proper first vehicle and
at some future tiiie a back-up vehicle.
Mr. Hutchinsdn briefly discussed the recommendation of the Capital BAPERN
Expenditures Committee for an article this year on replacing the whole Radio-
radio system withiBAPERN-Boston Area Police Emergency Radio Network. System
Mr. Hutchinson recommended deferral for another year. The estimated
cost is $125,000; for next year, it is estimated to be $160,000. Chief
Corr also recommends deferring it for another year. The .Board will
discuss the matter with the Capital Expenditures Committee.
Mr. Hutchinson announced that the tax rate right now, even with Tax Rate
the increased school committee budget, is estimated at $.4.40 increase
excluding state and county charges.
Mr. Peter DiMatteo, Building Commissioner, met with the Board. Bldg.Commr
Mr. Hutchinson discussed Account 1090 -Professional Services and said
that his recommendation is to retain outside inspection services
as the area has been expanded for the building department and the
liabilities have increased. He recommended allowing $15,000 for
professional services. Mr. DiMatteo presented a report on the number
of hours required on inspection time based on current permit activity.
He said that they are being asked to provide more comprehensive reviews
and are trying to avoid additional personnel costs. He pointed out
that the plumbing and gas inspector has been hospitalized and they
are losing their CETA worker. Mr. Kent felt it should be an item
under temporary help or the building department rather than included
in the professional services budget. The Board generally agreed.
Mr. Hutchinson said he would focus in on temporary help and Mr. DiMatteo
agreed to submit additional data on permit inspections and the problems confronting him
Selectmen's Meeting - 6 - January 21, 1980
The Board agreed tc review the budgets.+at the meeting on
January 23.
Executive Upon motion duly made and seconded, it was voted 4,1,0 -by -roll call
Session vote - Mrs. Miley, Mr. Busa, Mr. Kent and Mr. Crain - to go into execu-
tive session for the purpose of discussing strategy with respect to
litigation, with no intention of resuming the open meeting.
Upon motion duly made and seconded, it was voted to adjourn at
10:30 p.m.
A true record, Attest:
71i2c
Executive Clerk, Selectmen
1
1
SELECTMEN'S MEETINGG
JANUARY 28 19? 8o
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room on Monday, February 28, 1980, at 7:30 p.m. Chairman Miley,
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. Busa was absent.
The Board discussed a letter from Mr. John Andrews, President of the
Citizens for Lexington Conservation, Inc., recommending the appointment
of a Pest Control Advisory group to investigate mosquito control options
for the town. Mrs. Battin said that Mr. Andrews had called her and he
rather hated to see a debate at Town Meeting on whether we should have
mosquito control or not. Wellesley has found some more temperate ways
of handling it through the County Extension Service and they were able
to convince them perhaps not to have to use such extreme measures. Mr.
Andrews thinks there is some way some middle ground can be reached that
will helpabate the mosquito nuisance - to use less stringent measures.
Mrs. Battin felt it has some merit. Chairman Miley asked if this is to
be a short term committee and not come into Town Meeting every year with
a recommendation? Mrs. Battin said that the committee could look at it
and see if there is some program that we could subscribe to that is more
moderate than the one we have had. She did not see it being a permanent
committee. We have received a letter on the gypsy moth problem andthe
whole pesticide thing ought to be taken into consideration, not just the
mosquito control - both the pesticiding and what we can ask citizens to
do to help. Mr. Crain endorsed the concept of the committee to bring
thoughtful insight to the problems but he wouldn't want the committee to
feel they are under pressure to produce anything by Town Meeting but to
begin their work in an orderly way and advise the Board as soon as pos-
sible. Mr. Kent said that this is the reason for sticking at this time
with the mosquito control, question because we are going to have to have
someone listen to those positions and attempt to help us with them. The
only other alternative is, .there ±5 going to have to be a recommendation
from this Board before Town Meeting. Mr. Hutchinson said that Mr. Mazerall
had given him a proposed program on the gypsy moth question that doesn't
emphasize chemicals to any extent but requires a lot of assistance from
groups like this, and the Conservation Commission, with its concern about
trees, is the legitimate agency to deal with the problem and perhaps have
interaction with this group after it is appointed.
Upon motion duly made and seconded, it was voted to create a Pest Con-
trol Advisory Committee for..a period of six,months,. which .would be charged
width. an .interim recommendation on. mosquito .control far the Towrr .of .Leirington
prior .to_.Town:Meeting if at all possible, and a recommendation at a later
time on the gypsy moth problem.
Later in the meeting, Mr. Andrews arrived and Chairman Miley explained
the above action of the Board.
I 50
Pes t
Control
Adviso ry
Committee
Selectmen's Meeting - 2 - 28, 1980
Legislation The Board discussed a letter from Mr. John Bilafer, Arlington Town
Retirement Treasurer, regarding Lexington's position on Senate Bill No. 1412 -Act to
Funding provide prudent funding, and to provide financial assistance to city,
town and county retirement systems of this Commonwealth. This legisla-
tion provides for 50 percent reimbursement by the Commonwealth to those
communities which have commenced to fund their retirement systems.
After discussion, Mr. Hutchinson agreed to respond to Mr. Bilafer that
the Town of Lexington cannot support at this time this proposed legisla-
tion as it does not recognize or identify costs to the State and we find
that inconsistent with our requests of our State Legislators to propose
costs attached to additional mandates that they are passing on to comm
munities. In addition, the Selectmen feel that any additional costs to
the State generated by this might wind up in the area of possible re-
ductions in other areas of aid to local communities. Our thrust must
continue to be on a tax reform program for the State that relieves the
property tax burden.
Traffic Chairman Miley read a request for a Stop sign at Baker/Tucker Avenues.
Safety- Upon motion duly made and seconded, it was voted to refer the request
Baker/ of Mr. Neil Chamberlain, 121 Cedar Street, for a Stop sign at the inter -
Tucker section of Baker Avenue and Tucker Avenue, to the Traffic Safety Committee
for a report.
Street Chairman Miley read a letter from Mr. Howard Cravis, 6 Rogers Road,
Lights regarding acts of vandalism and a lack of street lighting in the area.
Mr. Hutchinson said that we are recommending the installation of street
lights in a number of areas and we will arrange a meeting with Mr. Cravis
and file a report in two weeks. The Board agreed.
Use of
Town Seal
Chairman Miley read a letter from Mr. Emanuel Goldman of the Northeast
Trade Center in Woburn for permission to use the Town Seal on items for
sale in Lexington under the auspices of the Lexington Lodge of Elks.
Mr. Hutchinson recommended that the Board not be involved in giving any
endorsement of the use.of.the Town Seat. It was pointed out that the only
time permission had been granted was during the Bicentennial.
Upon motion duly made and seconded, it was voted to deny Mr.: Goldman's
request for permission to use the Town Seal.
Battle Gr. Chairman Miley read a request for the Battle Green.
Minutemen Upon motion duly made and seconded,.it was voted to grant permission
to the Lexington Minute Men, Inc. for the use of the Battle Green on Sunday,
April 13, 1980, at 2:00 p.m. for the reenactment rehearsal.
MMA Chairman Miley read the notice from the Mass. Municipal Association
Legislatv. that the 1980 Legislative Conference will be held on March 1 in the
Conference State House. Chairman Miley and Mrs. Battin are to attend.
1
1
1
1
1
Selectmen's Meeting
- 3. - January 28, 1980
Chairman Miley read a request from the Massachusetts Taxpayers Founda-
tion for support of House Bill 3519 -Improvement of MBTA Management. Mrs.
Battin said that her reaction is to respond with enthusiastic support.
Mrs. Miley recommended that before any decision -is made, we should go to
the Directors of the Advisory Board for their position. The Board agreed,
and Mrs. Battin is to talk with the Director.of.the Legislative Office of
the Mass. Municipal Association.
Chairman Miley read a report from the Traffic Safety Committee con-
cerning a letter received from Michael Koehn, 75 School Street, regarding
School Street traffic. It was agreed to invite Mr. Koehn and School
Street residents to the meeting on February 4 with the residents of the
Wilson Road area.
Mrs. :Battin asked if anything had been received from the State on
the widening of Marrett Road? Mr. Hutchinson said that it may be that
it will taken another letter from this Board. He will report at the
next meeting and will have a draft of a letter for the Board's approval.
Chairman Miley said that she has had several meetings with Mr. Jackson,
Lexington's representative on the Minuteman School Committee, and Mr.
Buse has been asked to meet with Mr. Jackson. Apparently, it would be
up to the State DPW. Mrs. Battin said that Lincoln and Concord also
agree and it would be good to get them to join us.
Chairman Miley read a recommendation of the Traffic Safety Committee
to amend the Traffic Rules and Orders by prohibiting parking in the
aisles of the Meriam Street parking lot.
Upon motion duly made and seconded, it was voted to amend the Traffic
Rules and Orders by adding to Article V, Section 2, Schedule #i1:
LOCATION SIDE FROM TO TYPE PARKING
Meriam Street Aisles Meriam Street 500' Southeasterly No Parking
Parking Lot
Approval of the State DPW is to be requested.
Mr. Hutchinson informed the Board that Mrs. Pressman, Management Intern,
had met with the Historic Districts Commission on January 9 to discuss the
Board's choice of a location of a public pay telephone at either Colpitt's
or Anderson's Jewelers on Massachusetts Avenue. They seemed more receptive
to CVS near the traffic light. Mr. Crain felt that CVS was not close
enough to the mini bus terminal at Depot Square, and he suggested that a
closer location be found. Mr. Kent said that he could perceive no problem
in locating it across the street at the Leader Federal Bank. Mr. Hutchinson
said that we will pursue Leader Federal and Colpitts. Mr. Kent added that
if it between Colpitts and CVS, it would be more appropriate to have it
at Colpitts. Mrs. Pressman is to bring this information back to the Historic
Districts Commission on January 30.
Legisla-
tion -
MBTA
Management
Traffic -
School
Street
Marrett Rd
Widening
Traffic
Meriam
Street
Parking
Lot
Center
Phone
Selectmen's Meeting
- 4 - January 28, 1980
Revenue Chairman Miley opened the hearing on the proposed use of General
Sharing Revenue Sharing Funds in relation to the entire budget. The proposed
Hearing budget totals $31,460,131, made up of $13,872,.838 for town personal
services, expenses. and capital improvements, and $17,587,293 for
education.
Mr. Hutchinson said that the purpose of the hearing is for the
utilization of an anticipated $228,341, to be appropriated in the
following areas: Council on Aging Expenses $34,425; MVMH $30,853;
Community Services $37,388; Police Motor Vehicles $25,000; Street
Lights $100,000. Appropriate groups have been contacted and they
were also at the administrative hearing. There was concern expressed
about a human services center and they hoped that monies would be pro-
vided to assist in the operation of it; it is still under review regard-
ing the cost of such a facility. We have been receiving in excess of
$500,000 for general revenue sharing and the President has now proposed
that the program continue and that it be level -funded; this, we assume,
would give us approximately the same amount of money. There is a problem
as Congress has taken a negative position about this program. The problem
that we experience by anticipating the full $500,000+ is that we may be
anticipating money we may not get. There have been proposals to cut out
a portion of the funds, they are talking about one-third, because of
state government. The state has made it clear that strong consideration
be given to cutting back local assistance where this money is provided.
In that context, we have recommended a rather conservative approach to
the anticipation of this money. What happens with it when you receive it,
it goes into E & D and we register a larger commitment on the next fiscal
year for offsetting various operating costs. Human service groups, in-
cluding the particular emphasis of the Council on Aging, support the idea
of utilizing this money in this area and recommended support be given long
range to short range to a human service center for the elderly and our
recommendation s are fairly traditional to combine human services and
operating costs. We should lobby very hard to get this program re-enacted
as this is a program that is not out of the woodshed. Chairman Miley said
that our representative is conscious of this because we have kept him aware
of it. Mr. Crain said that with this proposed approach, would we wait for
clarification on the question the Human Services Committee has posed regarding
Mystic Valley Mental Health Center? Mr. Hutchinson said that while weTve
advertised the intent to use this money, the Board still has the right to
change that money subject to the Human Services Committee's report. There
is still time. The real intent tonight is if someone has objections to
the way the money has been proposed to be used. Mrs. Marcia Feakes said
that the League of Women Voters is pleased to note the continuance of the
Selectmen's interest in using revenue sharing funds for human services.
There were no other questions or comments, and Chairman Miley declared
the hearing closed.
Upon motion duly made and .seconded, it was voted to authorize the Manager
to proceed under the.guidelines presented, subject to any additional reports
the Board may receive.
1
1
1
/ 5�6
Selectmen's Meeting - 5 - January 28, 1980
Mr. Hutchinson recommended approval of a change in name of a company Common
with a common carrier license. Carrier
Upon motion duly made and seconded, it was voted to reissue a common License
carrier license, expiring December 31, 1980, to Boston & Middlesex Trans-
portation Company, Inc., formerly Hospital Transportation Service Inc.,
and now located at 339 D Street, South Boston.
The Board approved Mr. Hutchinson's recommendation that he respond Corcoran
to the recent correspondence from the Corcoran Ambulance Service stating Ambulance
our current emergency safety program.
Mr. Hutchinson informed the Board that he had no intention of filing MAPC
an application for the 1980 MAPC Community Assistance Program unless other- Program
wise directed by the Board. We would like to gear up in the future. The
Board agreed.
Mr. Hutchinson said that he had met with the Appropriation Committee Budgets
on Saturday, and the Board and the Committee are in synchronization on
most of the issues. All projections indicate an increase of something
under $4.00; that is an estimation of the Selectmen's budget and the
Appropriation Committee's estimate is something else.
Mr. Hutchinson said that we did meet with Mr. Flatlet', Administrator, Housing
and staff of the Executive Office of Communities and Development to review Concerns -
the methodology that has produced their ruling that Lexington is "un- Conserve.
reasonably restrictive." Mr. Flatley did not have available the data Funding
they said we were not in compliance with their goals. Surprising, he
stated that subsidized housing was -not their only concern, but housing
in general. We had<.quitea.-bit of data 'relative to the concerns raised,
and the meeting went on a positive note. Mr. Williams, Chairman of
the Conservation Commission, has called the Manager's office and it looks
as though they are going to .approve our efforts, which are far more than
any suburban town in the metropolitan region'. Mr. Kent said that he would
commend the Manager on the context and tone of the letter, dated January 24,
sent by Mr. Hutchinson to Mr. Flatley. The Board agreed.
Mrs. Banks reported on the procedures to be followed on emergency Emergency
fuel calls. A meeting had been held with the agencies. of the town and Fuel Calls
it was decided that the Council on Aging would take the administrative
lead and administer the program through a CETA employee, who is doing
most of the work taking applications. Last year, we had 48 people mak-
ing requests for assistance and to date this year, we have had 100 people.
If calls are received, they are to be referred to the Council on Aging
during regular working hours and the Police Department at other times.
Twenty gallons of oil will be delivered and Mr. Rooney and Mrs. Melcher
of the Council on Aging have set up an emergency fund and have raised
$1,000; to date, three families have received assistance from this fund.
Chairman Miley said that it is comforting to know that people are being
looked after.
Wild Acre
Lodging
Hous e
License
Transfer
#180.0:.
Acct.
Proclama-
tion
Vocell
Commuter
Bus
Selectmen's Meeting - 6 - January 28, 1980
The Board agreed with Mr. Hutchinson's recommendation to invite a
representative of Wild Acre Inn, 50 Percy Road, to attend the meeting
on February 11 to discuss renewal of the lodging house license. Copies of
minutes of the last meeting on Wild Acre are to be given to Mr. Crain and
members of the Board.
Mr. Hutchinson said that a request from Town Counsel has been re-
ceived for approval - of -.a transfer of $5,000 from the Reserve Fund to
Account #1800 -Legal. Expenses, for payment of services retained on the
Snyder litigation; particularly, we had to hire outside engineering
services. It has been a long-term case for the town. We have had a
favorable resolution for the community but it did necessitate the re-
tention of additional s-rvices. In fact, it is going to cost more,Ihut
this will give us the capacity to pay Mr. Duncan for his services. We
recommend approval, with the understanding that we will have several
other requests for transfers come before the, Board in order to meet
legal expenses.
Upon motion duly made and seconded, it was voted to request approval
of the Appropriation Committee for a transfer from the Reserve Fund to
Account #1800 -Legal Expenses in the amount of $5,000.
Mr. Hutchinson informed the Board that a large pine tree went through
the roof of the Visitors' Center and we will need a transfer to fix the
roof. Mr. Hutchinson had already ordered the work to be done.
Chairman Miley read a letter from Mrs. Patricia Hagerdorn requesting
the Board to designate Saturday, February 2, 1980, as Sheryl Franks' Day;
Sheryl is our 1980 Olympic competitor.
Upon motion duly made and seconded, it was voted to proclaim Saturday,
February 2, 1980, at Sheryl Franks' Day in Lexington.
Mr. Benjamin Goodman of the Vocell Bus Company met with the Board to
discuss a request for approval of an increased rate schedule for the express
commuter bus from Lexington to Boston. Mr. Hutchinson said there has been
some concern about dropping the 20 -ride book, and concern by the people
using the bus that these fares were being instituted prior to approval.
The MBTA has suggested, and the Board encouraged, a monthly pass because
of insurance deductions. The plan now submitted to the town was for
dropping the 20 -ride book; originally it contained that. Mr. Goodman said
that the first time he had asked for approval was in November and we sent
it in to the MBTA, and they lost it. When he had found that nothing had
been done, itwas suggested that he put in a new request with the setup
we have now. Mr. Hutchinson said, apparently, the META thought a monthly
pass should be approved. In December, the Board approved a single ticket
increase from $1.35 to $1.60; 12 ticket book from $15.00 to $18.00 per
book;($1.50 per ticket); 20 ticketobook from $22.00 to $25.00 per book
(1.25 per ticket). Mr. Crain said he was apprehensive about eliminating
the 20 ride book -as a number of ridersuuse this and it would impact them.
He asked Mr. Goodman if he would consider the 20 ride book to $26.00?
Mr. Kent suggested the 12 ride book be dropped and keep the 20 ride book.
Mr. Goodman was not top peieptive to this proposal but later on agreed
and added that he could offer the monthly pass as well and satisfy every-
body. He will talk with Mrs. Banks and meet with the Board on February 4.
The Board agreed to publicize the proposal in order to receive feedback
from the citizens before the next meeting.
Selectmen's Meeting - 7 - January 28, 1980
Mr. Nyles Barnert, Chairman of the Capital Expenditures Committee,
met with the Board to discuss the police communication system article.
Mr. Barnert said that the committee had looked at the next five years
and as they talked with the various committees, they were shocked to
find there were over $1 million in requests for next year. We looked
at the communication system item to see if we could shift it down to
'83, and in discussions with the Police Chief, the feeling was that
the existing system is getting old and to wait until '83 might reduce
the quality of public safety; in '82, there was the high peak of capital
expenditures. Therefore, the committee felt it should be done this year.
We are quite concerned about the .FY 82 capital expenditures; $200,000
for the landfill, the I/I Phase III study has been scheduled. That's
$500,000 that isn't in this year's budget. Mr. Hutchinson said that
in fairness to that position, there is also $100,000 in storm drains,
and the Town Engineer has taken a look at these and advised that he would
not recommend storm drains until such time that not only the storm drain
study is done but the I/I study as well. It appears that the I/I study
is going to carry on even longer than we anticipate, so a number of those
demands are subject to change. The other issue is, we are continuing to
hold to the estimate of the landfill closing, which is high based upon the
positive experience we are having, now on fill, etc. at the landfill, and
we will know better as we get into it. He agreed that the numbers are
a reason for concern in the sense of their size. He and the Board know
the need of trying to obtain tax stability; we don't like considering
roads„and sewers, but we do that. We have said that we certainly go along
for another year with the current fiscal, and on that basis he had recom-
mended it.for:'82.'41t.. Barnert said that in terms of storm drains, it
would be zero for thia year:and next year. Mr. Hutchinson said on the
$200,000 for I/I, he could comfortably say we won't have any recommenda-
tions for implementation next year because of the time frame. iii the light
of. -What's happing with sewers, Mr. Hanlon has said that it will take longer
for a permanent solution and costs are getting no better. -
The Board agreed that the article on the police communication system
is to remain on the warrant.
Upon motion duly made and seconded, it was voted to adjourn at 9:30 p.m.
A true record, Attest:
c
Executive Clerk, Selectmen
Police
Communica-'c
don System
Article
VOID
1
SELECTMEN'S MEETING
FEBRUARY 4, 1980
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, February 4, 1980, 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.
Chairman Miley recommended a decidion be made by the board on the Theriault
Theriault dog hearing conducted by Mr. Busa on January 30, 1980. The Dog
hearing was held on the written complaint of Mr. Barry Littleton, Animal
Control Officer, against the Shepherd dog owned by Mr. John J. Theriault,
4 Milk Street. Mr. Busa said that Mr. Littleton's report stated the dog
had bitten children and adults. Neighbors' complaints had been made by
telephone and are on record at the Board of Health office. Four bites
were reported by a Doctor but other bites have occurred in the neighbor-
hood that did not require medical attention. In Mr. Busa's opigion, the
dog is dangerous; he is not vicious. The son has been warned several times
and the parents have notified him that the dog should be restrained, and it
has never happened. Mr. Busa recommended that the Animal Control Officer
pick up the dog as soon as possible and either the owner find a new home
for the dog or the Animal Control Officer.
Upon motion duly made and seconded, it was voted to issue the order
that the dog owned by Mr. John J. Theriault of 4 Milk Street be picked up
immediately by the Animal Control Officer and held for 10 days, during
which time the owner may, if possible, obtain a home for the dog out-
side the legal boundaries of the Town of Lexington. If at the end of 10
days no home is found for the dog, the dog will be under the complete-
jurisdiction of the Animal Control Officer.
Chairman Miley read a request from Mr. Paul Borthwick, Director of
Senior High Ministry of Grace Chapel, for permission to use the reservoir
on May 16 and 17 for a special activity to raise money for refugees from
Southeast Asia, to be called the "Lexington Boat People Project."
Mr. Busa said he would not accept that type of dramatization and
suggested they have a walk-a-thon, bike-a-thon, or another type of
project. Mr. Kent said the Church is asking for permission for a legit-
imate,expressive activity, and he had two questions - if it is within our
province to make a judgment to grant permission and, assuming that exists,
if the dates of May 16-17 are inconsistent with the normal use by the public,
and he felt they were not. He would be in favor if it were within the
board's province to grant permission. Mrs. Battin agreed with Mr. Kent
provided.the safety requirements were met. Mr. Crain said in reading the
proposal, one of the tests he applied was if it would be inflammatory,
and he did not think it had any potential like that. Also, as he under-
stands the By -Law, it could be granted with the permission of the board.
Mr. Hutchinson questioned the item stating , "we would open the activity
for our church youth only; this project would require us to use some activ-
ities and practices which some other religious folk might disagree with;
we feel that it should be kept as a closed activity (unless you prefer
otherwise.) Mr. Hutchinson recommended that Mr. Borthwick be invited to
Grace
Chapel -
"Res"
Boat
People
Project
Minutes
Com.Vict.
Baskin
Robbins
Abatements
Water -
Sewer
Better-
ments
Lex.Arts
Council
Water -
Wadman
Circle
Warrants -
Town Meet.
& Pres.
Primary
Conserve.
Self Help
Funds
Selectmen's Meeting
- 2 - February 4, 1980
attend the next meeting to explain the proposal. Mr. Cohen stressed the
fact that the safety factor is important.
It was agreed to invite Mr. Borthwick to attend the meeting on
February 11 for further information.
The Board approved the following agenda items:
Upon motion duly made and seconded, it was voted to approve the
minutes of November 5, 1979 and January 21, 19'80.
Upon motion duly made and seconded, it was voted to sign the 1980
Common Victualler license for the new Manager, Mark Levine d.b.a.
Baskin Robbins, 1729 Massachusetts Avenue.
Upon motion duly made and seconded, it was voted to approve the
request of Mr. Warren Empey, Acting Director of Public Works, to abate
water bills in the total amount of $982.80. Also, to abate the sewer
betterment assessments on land owned by Adolph F. & Alice Krol, 51
Wellington Lane Avenue, in the total amount of $1,258.88; the land
was acquired by the Conservation Commission.
Chairman Miley read a letter from the Massachusetts Special Commission
on the Performing and Visual Arts regarding the establishment of a local
arts council and the appointment of a 5 -member committee by April 30, 1980.
Appointments would be for two years, renewable twice. The enabling legis-
lation defines the persons to be appointed as, "among qualified private
citizens of the commonwealth who have demonstrated scholarship or creativity
in, or distinguished service to, the arts and humanities, and who shall be
broadly representative of all fields of the performing arts, the fine arts,
and the humanities." The Board agreed to consult the "talent bank" file
for possible candidates and to write to the Lexington Theatre Co., Arts
and Crafts Society, Masterworks Chorale, and the School Department for
one nominee from each group -to be submitted by April 15.
Chairman Miley read a letter from Mr. James MacDonald, 8 Wadman Circle,
requesting a definite commitment for the approved replacement of water pipes
in Wadman Circle. Mr. Hutchinson said that the project will be done in the
spring, and he will write a letter to Mr. MacDonald assuring him that the
town has definite plans for implementation in the spring.
Chairman Miley requested the Board to sign the 1980 warrants.
Upon motion duly made and seconded, it was voted to sign the warrants
for the 1980 Annual Town Meeting and the Presidential Primary to be held
on Tuesday, March 4, 1980.
Mr. Hutchinson informed the Board that Mr. Zabih, Chairman of the
Fair Housing Committee, had met with Mr. Flatley of the Office of Com-
munities and Development and we will be receiving notice in the near
future that the self-help Conservation money that was tied up will be
available for release, based upon an understanding that they do under-
stand there is a conscientious effort going on towards housing in
Lexington. The decision of"restricted"will be lifted subject to a
memorandum of understanding being executed.
Selectmen's Meeting
- 3 - February 4, 1980
Mr. Hutchinson commended the staff of the Manager's office for the
concerted effort and excellent results in the preparation and completion
of the warrant for the Town Meeting.
Regarding the warrant articles, we have had to list $9,100 in the Kendall Rd.
sidewalk article as the sidewalk on Kendall Road is going to extend be- Sidewalk
yond the original parameters and will tie in with an existing sidewalk.
Mr. Hutchinson requested authorization to inform the. Town of Concord Concord
that we would be unable to handle their septage because of (1) the high Septage
volume; (2) there are control problems on our existing disposal site System
within the community; (3) they are expecting that answer and are working'
on other alternates.
Upon motion duly made and seconded, it was voted to authorize the
Manager to notify the Town of Concord that the Lexington Health Depart-
ment and the Engineering Department do not consider Concord's request
to handle their septage system as being appropriate at this time.
Mr. Hutchinson informed the Board that union local is voting on the Pub.Wks.
Public Works' contract on Wednesday evening. He would submit details Contract
at the next Selectmen's meeting; however, it is consistent with the wage
guidelines of the town and it is a proposed 3 -year agreement.
Mr. Hutchinson recommended approval of a proposal submitted by the LEXPRESS
Transportation Advisory Committee for free rides on LEXPRESS on Lincoln's
birthday, February 12, at a cost of approximately $40.00.
Upon motion duly made and seconded, it was voted to approve the
Transportation Advisory Committee's program for free rides on LEXPRESS
on Lincoln's Birthday, February 12, 1980.
Mr. Hutchinson informed the Board that he had notified Mr. Ronald Spraying
Steffek, in response to his request, that no spraying for gypsy moths
would be done on his property at 21 Outlook Drive.
Mr. Hutchinson said that Mr. Goodman of the Vocell Bus Company has Commuter
addressed the Board's concerns regarding the increase in the fare Express
structure and has submitted a.:proposal for a single ride ticket, Bus Fare
20 -ride book, and a monthly pass. The 12 -ride book was deleted. Increase
Upon motion duly made and seconded, it was voted to approve an
increase in fares for the Vocell Bus Company as follows: Single
ride ticket -$1.60; 20 -ride book -$26.00; monthly pass -$48.00.
Mr. Hutchinson requested authorization to go forward on the
request of Mrs. Nancy Nielson, 7 Wingate Road, to purchase an
abutting lot.
Upon motion duly made and seconded, it was voted to authorize
the Manager to proceed with arrangements to convey Lot 4b/Assessors
Map 16, Hayden Avenue to Mrs. Nancy Nielson of 7 Wingate Road.
Mr. Hutchinson is to discuss with the Board next week the re-
vised list of projects for Recreation playgrounds.
Tax Title a
Conveyance I
Recreation
Playground
Projects
Selectmen's Meeting - 4 - February 4, 1980
Munroe Mr. Hutchinson said that the School Sites Conversion Committee will
School meet on January 7 at the Munroe School to discuss further the implica-
tions of the Hammer Kiefer and Todd, Inc. report regarding a human
services center. The Board will be addressing this during the period prior
to Town Meeting. Members of the Board agreed to attend the meeting at Munroe.
Transfer - Mr. Hutchinson recommended approval of a transfer of $12,000 to
Account Professional Services in order to provide inspection services for the
#1090 Building Department and the Planning Board.
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 1090 -Professional Services in the amount of $12,000.
4Traffic The residents of Wilson Road and School Street met with the Board
concerning traffic conditions in the area. Reports had been submitted
from the Traffic Safety Committee -minority and majority reports and
Wilson Rd. the Police Department. Residents expressed concern for the safety of
children, the high volume of vehicles and the speed factor. After dis-
School St. cussion, the Board agreed to implement several recommendations.
Upon motion duly made and seconded, it was voted to accept the
report of the majority of the Traffic Safety Committee regarding Wilson
Road, and to instruct the Town Manager to pursue approval of the School
Committee to close the Hastings School entrance on Roosevelt Road by
the installation of a chain; to see if money could be made available
in the FY 81 budget for widewalk construction in the Wilson Road area;
to have the Police Department or the Public Works Department pursue the
possibility of the installation of stop signs at Wilson Road/Roosevelt Road.
Upon motion duly made and seconded, it was voted to accept the recom-
mendation of the Traffic Safety Committee regarding School Street, and to
alleviate whatever visual problems exist on School Street. Also, to paint
the crosshatch and sidewalks as soon as the weather permits.
Police enforcement on Wilson Road and School Street is to be provided
on an interim basis whenever manpower is available.
Marrett Because cars are coming on and off Marrett Road from Route 128 into
Road the area, Mr. Busa explained to the residents that the town and the Minute -
Widening man School have been pursuing the widening of Marrett Road with the state
for nine years, and nothing has happened. We are pursuing it again this
year. Marrett Road has been studied and it has been surveyed. Mr. Hutchinson
said that we rebirthed the correspondence on the Hartwell Connector with the
state and we are in the process of doing the same thing on Marrett Road.
Representative Cole had informed him thatthis is a non -funding year for
public roads' projects as the state budget is designed around alternate
years for construction.
Chairman Miley thanked the residents for coming and assured them that
the best possible steps will be taken to alleviate the traffic situation
in their area.
1
Selectmen's Meeting - 5 - February 4, 1980
Mr. Hutchinson recommended approval of transfers from Article 5 of 1979
to the personal services accounts.
Upon motion duly made and seconded, it was voted to approve the recom-
mendation of the Manager to transfer the amount of $196, 429 from Article 5
of the 1979 Annual Town Meeting to the appropriate personal services accounts.
The Board discussed Mr. Hutchinson's'recommendation for approval of
the Building Commissioner's reclassification from M-7 to M-8. Mr. Busa
raised questions as to whether the job description had been changed and
the scope of the position had been expanded. Mr. Hutchinson said that
it has been proposed to revise the job description essentially by refer-
encing the responsibilities of Admini.ttr tive Coordinator of the State
Building Code. When he wis `hired, 41r4 D fartteo was told that he was re-
sponsible for this, and this was not' n item referenced in the previous
study done in 1973 by Arthur D. Little. Formerly, the Building Com-
missioner had responsibilities for building codes, electrical codes,
plumbing codes, and we expanded the job description to include adminis-
trative responsibilities for all the land use codes.
Upon motion duly made and seconded, it was voted to authorize the
Town Manager to implement the change in classification from M-7 to M-8
for Mr. Peter DiMatteo, Building Commissioner, from $23,067-M-7 to
$24,220-M-8, retroactive to January 1, 1980, subject to the interpreta-
tion of Town Counsel as to the legality of the retroactive payment.
Mrs. Battin discussed the request from the Massachusetts Taxpayers'
Foundation for support of House Bill No. 3519 -Improvement of MBTA Manage-
ment. She said the Legislative Director of the Massachusetts Municipal
Associations strongly endorses the bill, and the Executive Director is
asking the Directors to endorse it at the meeting on February 12 as being
extremely worthwhile and would give us many more management tools to deal with
the "T." Mrs. Battin recommended that the Board support the bill, subject to
the Chairman's investigation with the MBTA Advisory Board.
Transfer
Art.5-'79
Personal
Services
Accounts
Building
Commis-
sioner
Reclassi-
fication
Mass.
Taxpayers
Foundation-
MBTA
House Bill
3519
Mrs. Battin said that the Conservation Commission has raised some
questions about the Inflow/Infiltration study, concerns about the water
table quality and quantity and to what degree can they use the I/I study
to legally justify denying developments on wetlands, etc. Apparently,
there are decisions Conservation must make.
It was pointed out that the Town Engineer had met with the Conserva-
tion Commission on the I/I study and it was agreed that he is to be re-
quested to submit a memo to the Conservation Commission answering the
questions raised.
Mr. Busa informed the Board that the Energy Committee has recommenda-
tions for the conservation of energy in the town buildings and a full report
on their recommendations will be submitted as soon as possible.
Upon motion duly made and seconded, it was voted to adjourn at 9:20 p.m.
A true record, Attest:
/27),
j, c
Executive Clerk, Selectmen
I/I Study
Energy
Commission
VOID
1
1
SELECTMEN'S MEETING
FEBRUARY 11, 1980
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, February 11, 1980, at 7:30 p.m.
Chairman Miley, Mr. Busa, Mrs. Battin, Mr. Kent, Mr. Crain; Mr. Cohen, Town
Oounsel; Mrs. Banks, Assistant to the Town Manager; Mrs. McCurdy, Executive
Clerk, were present.
Chairman Miley opened the hearing on the application of Honeywell, Inc Gasoline
for permission to install two 10,000 gallon underground gasoline tanks with Hearing -
two electric gasoline pumps on the premises at 3 Forbes Road. A notice of Honeywell
the hearing was advertised in the January 31, 1980 issue of the Lexington
Minute -man, and the abutters were notified of the hearing by certified mail
by the petitioner. Attorney William Dailey, representing Honeywell, in-
fromed the Board that the application and plan had been submitted to the
Selectmen and we met with Fire Chief Bergeron, George Smith, Health Director,
and Clifford Prentiss, Conservation Director. We propose to have two under-
ground gasoline tanks for the purpose of serving our own vehicles and to
have gasoline available for employees who are required to come in on off
days. Mrs. Miley said that lengthy reports have been received from the
Board of Health, Conservation Commission, and Chief Bergeron. She read
a final report from Chief Bergeron stating that the Lexington Fire, Health
and Conservation departments have completed a review of Honeywell, Inc.
gasoline storage license application and all regulations have been met.
The applicant has also agreed to additional safeguards that the town de-
partments have recommended and theapplication should be slated for a
hearing by the Board of Selectmen. Chief Bergeron said the tanks are as
safe as possible, in fact, they exceed the state regulations. From a health
viewpoint, we were ,concerned because it is upstream from the Cambridge water
supply, so the Conservation and Health departments have put in very strict
regulations on securing the tanks. It will be a vaulted installation where
the tanks are actually set into a concrete vault for greater protection
against leakage; other alarms have been put over and above what is normally
required for tanks because of the location of the water supply. We also met
with a representative of the Cambridge Water Board and they are satisfied
that our requirements will protect the water supply. Mr. John Beekman of
the Cambridge Water Board said he would not speak in favor or in opposition
but would like to express his appreciation to Chief Bergeron and the other
town agencies for their efforts in the interests of the Cambridge water
supply. No one appearing in favor or in opposition, Chairman Miley de-
clared the hearing closed.
Upon motion duly made and seconded, it was voted to grant permission to
Honeywell; Inc, an installation of two 10,000 gallon underground gasoline
tanks with two electric gasoline pumps on the premises at 3 Forbes Road,
subject to the condition that the tanks are to be enclosed in concrete vaults
and compliance with the recommendations of the Fire, Conservation and Health
departments.
Selectmen's Meeting - 2 - February 11, 1980
Dog Mr. Busa discussed the hearing he conducted on January 30, 1980
Hearing- concerning the written complaint of Mr. Littlefield, Lexington Animal
Muehlmann Control Officer, against the owner of a German Shepherd dog, Ms. Amory F.
Muehlmann, 59 Outlook Drive, stating the dog is a nuisance because of a
vicious disposition and is frequently loose in violation of the leash law.
Mr. Busa said the dog has bitten people, mostly children, and in listening
to the testimony of the Animal Control Officer and Mrs. Muehlmann, who has
been taking great caution in restraining the dog, by walking it on a leash,
he recommended that notice be served to Mrs. Muehlmann that the dog should
be restrained at all times and not just when she is walking.. itThis vbtld
abate the problem of the dog running around when the children have it out
in the yard when it not on a leash. Mr.. Crain said that in the communique
to Mrs. Muehlmann we should underscore that we consider this to be a very
serious matter and a recurrence would mean more severe action would be taken
by the Board.
Upon motion duly made and seconded, it was voted by. order of the Board
of Selectmen that the German Shepherd dog owned and licensed to Ms. Amory F.
Muehlmann of 59 Outlook Drive is to be restrained by a leash or tied up
at all times. If a violation of this order occurs, more severe action
shall be taken by the Board of Selectmen.
State Chairman Miley read a letter,:ftom."The Committee for the Responsible
Hearings Limit" requesting support of House Bills 5015 and 5016 -to impose responsible
on Taxa- limits on government spending and taxes. Mrs. Battin said that the bill and
tion the constitutional amendment were referred to the Tax Policy Committee of the
Massachusetts Municipal Associations, which she co-chairs, and we have great
concerns about the aspects of it. We have not analyzed this draft and have
great concerns about the previous one. The hearings on taxation are to-
morrow, and the major thing is, it doesn't reform our over -dependence on
the property tax and the geographical disparity in the tax base among com-
munities aren't addressed at all by it, and there were other concerns that
we had. She will attend the hearings tomorrow as president of ,the Selectmen's
Association, and the postures of the Municipal Associations are that we are
asking for half of the $300 million in increased state revenues to be given
as increased state local aid, and if the present tax cap extends for another
year, as it is intending, that energy costs be exempted; she is going to use
Lexington as an example of what energy increases have done to us. We are
asking that we be given the ability to control the existing mandates. We
pretty much have gotten a promise from the Governor and the legislature
that no new mandates will be imposed on cities and towns unless they are
funded or have local option. We are asking for the means to control exist-
ing mandates. We are not supporting any of the legislation as we don't think
it addresses the central issue of tax reform. That is the posture of the
Massachusetts Municipal Associations Board of Directors, and she would recom-
mend that it be this Board's also. Mr. Crain that whenever data regarding
the town is going to be used, it would be very helpful if we all had a chance
to look at it and provide any input; that is a good process.
oc y
Selectmen's Meeting - 3 - February 11, 1980
Mrs. Miley said that she is to testify tomorrow on a bill which she, as
an individual, and Senator Rotondi have filed asking that if there is a cap
on municipalities, there also be a cap on state government, the MBTA and
county government. Her idea is to let them know that all of us are con-
cerned about how we are going to operate with caps when the state govern-
ment does not have a cap. Mrs. Battin said the Municipal Associations
have not taken a stand but it will tomorrow; we are endorsing that they
also operate under a 4% cap. Mr. Crain asked if the referenced MBTA cap
related to the potential increased revenue generated by the fare increase
because, in his opinion, the fare increase is something that has to be
seriously considered to help the MBTA out of its dilemma. From looking
at the MBTA budget, he did not see how it would be able to operate with
a 4% cap. He suggested that Mrs. Miley may want to consider how she
would present her proposal for a cap with the potential of increased
revenue. Mrs. Miley said that it might be the way to make it work.
Mr. Borthwick, Director of Senior High Ministry of Grace Chapel, Grace
met with the Board to discuss his request for permission to use the Chapel -
reservoir for a special activity to raise money for refugees from South- "Res"
east Asia, to be called the "Lexington Boat People Project." The dates
requested are May 16 and May 17, 1980, would involve 15-30 youths and
staff, and would be in boats for a 24-30 hour period on the reservoir,
attempting to simulate the fate of the refugees. Each refugee would
raise money through people who sponsor him or her during the hours in the
boat; they would land for sanitary and health reasons. One lifeguard per
boat, one .on the shore and: adddtional personnel on the shore to guard
against hecklers, would be provided. They would promote the activity with
local media as well as through the international organization World Vision
'Who has agreed to help in the project. They would open the activity for
their church youth only; this project would require us to use some activi-
ties and practices which some other religious folk might disagree with;
thus we feel that it should be kept as a closed activity unless the
Board prefers otherwise. Mr. Borthwick said a lot of precautionary
measures that were listed were as a result of his meeting with Joan
Halverson, Lexington Recreation Coordinator, and it is our desire to
take an amount of safety measures which you would recommend. Mr. Busa
said he had a problem with the dramatization and the possibility of an
accident happening on the res. Mr. Crain had a high sense of concern
about safety in the water in the darkness. Mrs. Battin said she and Mr.
Cohen were concerned about safety and asked the Manager to satisfy himself.
Mr. Borthwick said he understood thereeffghts at the reservoir which would
be on all night. Mrs. Banks said the Manager would recommend against the
request as we could not insure the safety of people on the reservoir and
another concern was that it was a religious organization. Mr. Kent said
his only concern was the safety factor. With respect to the religious
aspect of it and with respect to the dramatization of it, it seemed to
him to be a matter within the purview of the people who want to do it.
To grant permission for this purpose is totally consistent with the town's
philosophy and policy with respect to the dramatization by christians
which we permit to take place under the auspices of private persons every
Christmas through the creche on the Green. One of the really fine features
of that policy is that it leaves us in a position to approve of reasonable
use of public' facilities for dramatization by any religious group of what-
ever persuasion and whatever particular viewpoint may be desired to be presented.
Grace
Chapel
Vote
Minutes
Minuteman
School
Federal
Aid
Mystic
Valley
Area Bd.
Emergency
Shelters
Selectmen's Meeting
- 4 - February 11, 1980
He emphasized that his only concern was the safety factor, already expressed
by the members of the Board, and the deep water aspect of it. He would be
much happier were this under lights, to conclude at a reasonably early
hour in the evening rather than going throughout the night. Mrs. Battin
agreed with Mr. Kent regarding the policy on the Green, and added that
this is a place where people who have deeply -felt convictions can express
them, no matter what persuasion, and this is a very important heritage
that Lexington has. She suggested having the project from sunrise to
sunset. The Board agreed.
Upon motion duly made and seconded, it was voted to grant permission
to Grace Chapel for the use of the Lexington Reservoir on May 16 and
May 17, 1980 from sunrise to sunset for the Lexington Boat People Project,
subject to the regulations of the Manager, the Recreation Committee, and
Police Chief Corr.
Mr. Borthwick agreed to contact the Manager to work out the details.
Upon motion duly made and seconded, it was voted to approve the
minutes of the Selectmen's Meeting of February 4, 1980.
Chairman Miley read a letter from Mrs. Ruth Wales, Chairman of the
Minuteman School Committee, requesting the Board's assistance in gaining
additional Federal Aid for the School District. The letter stated that
last year,the local Boards of Selectmen and Finance Committees supported
our request for a correction of an inequity in state aid and, with your
support, the matter was corrected. This led to a $300,000 annual reduction
in total assessment to our member towns. If we can now secure a correction
of the Federal Aid inequity, we could gain revenue of over $100,000 per year
for five years assuming a multi-year amortization schedule.
Upon motion duly made and seconded, it was voted to send a letter to
the Massachusetts State Board of Education supporting the position of the
Minuteman School Committee regarding the correction "of the inequity in
Federal Aid to the School District.
Dr. Cook, Director, and Mrs. Michelov, President of the Mystic Valley
Area Board of the Department of Mental Health, met with the Board. Mrs.
Michelov said we felt it would be helpful to visit with the selectmen in
all areas to begin to beef up communications in some way and communicate
our policies, and to understand the towns' attitudes where residences are
concerned. We have three residences here in Lexington and at one time
we ended up with two residences in one area of town. One of those is the
emergency shelter and they are in the process of looking for another loca-
tion; hopefully, it will be relocated by the end of the fiscal year.
Winchester, Arlington Wilmington, and Woburn have houses and we will be
building in Burlington with HUD money. We have nothing being built or
envisioned in Lexington, and it is important to note that although the
Department of Mental Health has been involved in the institutionalization
process, that is slowly coming to an end and at some point will cease. In
general, we would like to know what your concerns are, your recommendations,
and we would like to know how we could continue communication, perhaps even
on a higher level than in the past.
1
1
1
Selectmen's Meeting
- 5 - February 11, 1980
Mr. Crain said the only input he could supply is the impression we
got from some of the citizens who came from that end of town which ended
up with a concentration. The manner in which the site was selected and
obtained was one where the neighborhood wasn't well aware of and would
have appreciated an opportunity for open expression and better under-
standing. Dr. Cook said he was here that night and there was discussion
of the fact that everyone felt the need to have a forum and they were
talking about developing an approach to that. He wondered if the board
had moved along on that thought?
Chairman Miley said we are hoping to have our new Human Services Com-
mittee work with the different groups, including that one.
Mr. Crain added that you could have the Human Services group function-
ing consistent with this charge and it would be possible for someone to
come in and secure property without that communication ever occurring.
Mrs. Banks said the Building Commissioner is aware of when. any residence
does come into town; it is my understanding it is not funded by the De-
partment of Mental Health and it is possible that you wouldnot be aware
of the residence. Mr. Mich elov said that is correct and that has been
some of the problem. We are only aware of those residences that we are
involved in; in fact, what we are looking for is a centralized system
or a contact within the town. We have been very pleased because we have
worked vary closely with Mrs. Banks on that but never got a sense of what
the policy was going to be for the whole town, and that is something we are
looking for, for those kinds of guidelines not only the Department of Mental
Health but anyone that would be coming into town, you would have a central
method of knowing what is happening so you would know that two of us aren't
coming into one neighborhood concurrently without either party knowing.
Mrs. Banks said we had a notification through the Building Commissioner's
office whereby he would make sure that all the abutters in a certain area
would be notified and try to tie in an alert to various committees. Since
we adopted this, we have not had a request for a residence. Chairman Miley
added that it would come through the Board, as well. Mr. Cohen said the
Board and the Manager had requested him to look into the legal aspects of
what the town can do to regulate that mechanism and the suggested procedti±es
of what we can do with your application. In the case mentioned, you did come
to the Building Commissioner and presented a copy of a decision with your
application; this seemed to indicate that the town can't do anything about
regulating it anyway, and that is probably not the right approach.
Discussion followed on which Selectmen were unaware of the second
house on Reed Street and the breakdown in communication among the Selectmen
regarding this. Mr. Kent said that what we have here is an appreciation on
the part of the Mystic Valley Health Association and appreciation of a
neighborhood over -impact with respect to facilities of this character, and
a willingness to work with the community in terms of setting up a system in
which, when a proposal comes along, everybody involved will understand its
relation to conditions in the neighborhood and a receptivity to work these
things out; this is of the essence if we are going to have long-term, health
working relationships. For the time being, we have agreed with the Human
Services Committee that we would not ask them to be troubleshooters with
respect to specific problem which arise; we have asked them to work out a
policy with respect to handling problems of this character. As he heard
Mrs. Banks, that process has been evolving to the point at which the
Manager's office is reasonably well satisfied with it. Certainly again,
in fairness to the Human Services Committee, we did give them a priority
• Selectmen's Meeting
- 6 - February 11, 1980
charge with respect to evaluation of funding requests, and a question to
the Area Board would be their perceptions of our financial request evalua-
tion process to the extent that they have had occasion to deal with it up
to this point?
Mr. Crain said as he understood the alert system described by Mrs.
Banks, he was not sure it services the requests of citizens we have
listened to. As he understood it, the Building Commissioner will make
sure that neighbors and abutters hear about it, but in that proposal
he saw no sponsorship of a forum, which is the word that citizens have
asked for, and that is a very serious deficiency in the process that he
now understood exists - the frustration of the neighbors in that they
never have a chance to have a dialogue and obtain better understanding.
Mrs. Banks said the understanding would be that the Building Commissioner
would notify the Manager's office, and because the numbers are so few
that we get, we are looking for a policy and an appropriate form. We
did get notification from Mystic Valley for a location several months
ago but they decided to locate elsewhere. We would arrange on an in-
dividual basis to meet that need.
Dr. Cook said that he had met with some members of the Human Services
Committee and would meet with them again this evening. Regarding Mr. Crain's
concern, we have that concern also, which seems to be that no matter how
much advance preparation we do with official bodies, when the actual site
is selected and people suddenly realize that it's there, they become
emotionally involved. We have to have some way in which they can par-
ticipate in a discussion and understanding of it; we recognize that and
try to build that in. We like to do it in such a way that it could be
a townwide activity, and that's why we look to the Selectmen,as people
tend to think of them as being the central place where things are under-
stood. That the Selectmen sponsor a meeting where anyone could come and
ask questions, and this would be very helpful, or some other body could
do it for the town.
Mr. Kent said this underscores a necessity for a somewhat more formal
process for according the forum to which Mr. Crain referred than simply
having the Manager's office set up an appropriate forum as the occasion
arises, and we really need to know something about the nature of that forum
and there needs to be a rather substantial degree of official, public par-
ticipation, and probably isn't something that ought to be confined to the
Manager's office. Mrs. Banks said the expectation is, with the Human
Services Committee, we could come up with an appropriate mechanism. Be-
cause their workload is taking longer than we had anticipated, they are
concluding their budget reviews within the next few weeks, and we expect
them to deal with this issue.
Chairman Miley asked Mrs. Battin to work with Mrs. Banks and the
Human Services Committee. Mrs. Battin agreed to act as a bridge.
Chairman them for meeting with the Board and members of the Mystic
Valley Area Board retired from the meeting.
Selectmen's Meeting - 7 - February 11, 1980
Mrs. Jayne Gillespie Gordon, 599 Bedford Street, Concord, regarding License
her application to operate guided tours in Lexington. Chairman Miley Guided
asked how this would conflict with the guides we have now? Mrs. Tours
Gordon said the difference would be that the tours would be based on
specific themes, (1) The Revolutionary War; (2) Literary Landmarks;
(3) An Architectural tour. There would be no actual competition with
the guides as there would be no soliciting for the tours on the Battle
Green. Mrs. Gordon alsorequested permission for conducting walking
tours, which would be limited to 15 people, and the tickets would be
limited to that number. At the present time, she anticipates hiring
5 or 6 people and the tours would involve one carload of people.
Tours would be priced at a set fee and would be of a standard length.
They would be widely advertised as an overview of the town and cover-
ing more than the chronical of events.
Mr. Busa had no problem with the tour itself but questioned the
conflict with the regular guides by starting on the Green; if not on
the Green, would shells originatingthe,tours within the historic
districts area? Mrs. Gordon replied that she would need the direction
of the Board before she decides.
Mr. Kent said that the application for the license specifies that
tours will be by reservation only, and in terms of our participation as
the permit granting authority, that really ought to suffice; with that
involved, he had no objection to sensible places to start and finish.
Mrs. Gordon has indicated the different nature of these tours and by
the representation on the application that tours will be by reservation
only, of a standard length, set fee, and covering for .the most part the
area around the Green. He was reluctant to write in a requirement that
they start somewhere else in the light of the reservation.
Mr. Busa said the reason for his feeling that they start someplace
else is that this has now become private enterprise and the Town of
Lexington should not give their peoperty for a private venture on the
originating of a guided tour on the Green or the historic districts area.
He had no objection if they locate some other place and then take the
tour to whatever historic spot or route they want to take when reserva-
tions are made. For private enterprise to start on the Green is not in
good faith as far as the young guides we have on the Green.
Mr. Kent said he would like to make reference to the fact that the
By -Law does contemplate people hiring out for remuneration with respect
to historic places and buildings, anywhere within the town. It cannot
be done without first obtaining a permit in writing; the By -Law does not
indicate a bias against people engaging in this kind of venture but that
only the Board of Selectmen exercise some control. He shared Mr. Busa's
concern about the spontaneous tours on the Green but Mrs. Gordon's specific
reference to "by reservation only" is enough -for him to take care of that
particular concern.
Mr. Crain said that all reservations should be to avoid conflict with
the guides on the Green. His reservation was if,the business: becomes
that attractive,and`:consideration is given to magnifying and multiplying
this operation, it should be discussed with this Board before it happens.
Innkeeper -
Battle
Green
Inn
Lodging
House
License -
Wild
Acre
Selectmen's Meeting - 8 - February 11, 1980
Chairman Miley said it also is a fact that if it becomes popular,
there could be other people doing the same thing and we would have to
take it on an individual basis. She asked Mrs. Cordon if she would be
hiring buses? Mrs. Gordon replied that she would not; they would be
using individual cars.
Mr. Kent suggested that the license be issued for one year, and the
Board could reconsider a year hence and take into account the possible
developments mentioned.
Upon motion duly made and seconded, it was voted to issue a license
to Mrs. Jayne Gordon to operate guided tours on the Battle Green and the
surrounding area in accordance with the outlined information submitted to
the Board of Selectmen; license to expire in February, 1981.
Mrs. Gordon agreed to meet with Mrs. Nancy Banks to work out the
details.
Chairman Miley read an application from Mr. Michael Hanafin for
renewal of the Innkeeper license for the Battle Green Inn.
Mrs. Banks said that Mr. George Smith, Health Director, has inspected
the premises and has recommended granting the license subject to improve-
ments in certain areas.
Upon motion duly made and seconded, it was voted to sign the 1980
Innkeeper license for the Battle Green Inn, subject to the requirements
of the Health Director.
Dr. Bernard Yudowitz, owner of Wild Acre Inn at 50 Percy Road, met
with the Board regarding renewal of the Lodging House license.
Mrs. Banks said there were some serious concerns raised at the in-
spections and if the Board decides to grant it, we would urge it be done
subject to them. The Fire inspector, was concerned that the stairways were
open and should be enclosed, that the corridors be made airtight, and
flammable materials in the rooms be cleaned up. The Health Inspector's
report stated problems with asbestos lagging on the heating systems in
the basement area, and that the kitchen and dishwashing area be re -painted
Some of these things had been discussed last year during inspections and
these are just maintenance items.
Mr. Smith, Health Director, said there are problems and, generally,
Dr. Yudowitz would take of them. One thing, some of the housekeeping
items have gotten away from them because of the change in management.
A year ago, for the most part, they tried to keep on top of them. He
recommended improvement in the general housekeeping items - cleaning and
painting. He has been looking at this lag for a couple of years. The
Manager told me today that they would get someone in to take care of
these things within a week to 10 days, and that would take care of my
reservations. Overall, he would like to see improvement in the sanita-
tion and painting areas.
Mr. Crain said that last year the Board took an action in rendering
only a 3 -months license to underscore our very great concern about condi-
tions that existed then, and at the time the 3 months were up, we gave the
license for the rest of the year, once again focusing and underscoring
"sustained improvement of conditions." In reviewing the record, there
have been three Managers since December of 1978, including the appointment
of a new manager this week. The basic problem is if the proprietor does
not take the responsibility to assure that the quality items are taken
care of. The painting of the kitchen, which is highlighted again, was
170
Selectmen's Meeting - 9 - February 11, 1980
last accomplished because the Health Director asked that it be done. Some-
one who runs a business like this thould take on the responsibility to main-
tain the premises the way they are supposed to be and not wait for a Health
Director to indicate it is time to paint the kitchen again. Mr. _Crain was
very concerned with the way this is being run and the turnover in personnel.
Dr. Yudowitz said the 3 months permission was granted last year on the
condition that a sewer pump station be put in; it was, at the cost of
$52,000. The kitchen is painted twice a year but the house accommodates
20 people and there is daily use of the kitchen; perhaps it needs to be
painted twice a year. Within 30 days, anything that has been mentioned
will be done.
Mr. Crain said the record shows the -report of the Health Director on
December 20 of last year was that the sewage disposal had been satisfied
and our minutes reflect that our concerns were with the other conditions
that existed, general housekeeping, basement area and storage shed needed
a thorough cleaning, bathrooms needed renovation. The Board discussed
renewal of the 1979 license for 3 months and instructed the Town Manager
to inform Dr. Yudowitz that if the pattern of violations continues, the
license will be revoked. So, in•fact,.it was not related to the sewer.
Dr. Yudowitz assured the Board that since that report, the kitchen
has been painted twice.
Chief Bergeron said the Fire Department also visited the premises again
and we concur with the recommendations of the Building Commissioner. There
is no regulation on this at the present time but Dr. Yudowitz has started
to install a sprinkler system and a main has been brought into the building.
We would recommend as strongly as possible that the sprinkler system be
completed. Also, if the town accepts the warrant article that smoke de-
tectors be mandatory for buildings with six or more dwelling units, this
would give the town some fire regulations that would improve and strengthen
the protective systems in these types of buildings. We do hope the owner
will complete the sprinkler system although there is no regulation that
he would have to.
After discussion, the Board agreed to grant the license for 90 days.
Upon motion duly made and seconded, it was voted to grant the 1980
Wild Acre Inn Lodging House license for a period of 90 days, to May 12,
1980, subject to all recommendations of the, Health, Fire and Building
Departments being completed within this period of time; with the proviso
that at the end of 90 days, Dr. Yudowitz is to inform the Board what steps
and involvement he would propose so that the same conditions do not occur
the next time there is an inspection of Wild Acre Inn.
Mrs. Banks requested the Board's endorsement of the DPW contract. DPW
The men ratified it this week with a little more than 10% of the member- Contract
ship voting against the agreement.
Upon motion duly made and seconded, it was voted to endorse the
contract for the Department of Public Works.
Upon motion duly made and seconded, it was voted to accept the recom- Bonds
mendation of Mrs. Banks to approve bonds of the Deputy Tax Collectors
Patrick J. Moynihan and Arthur W. Degnin, in the amount of $5,000, each.
Selectmen's Meeting
-10- February 11, 1980
Bldg. Mr. Busa and Mr. Crain discussed the classification change of
Commr. the Building Commissioner and it was agreed to discuss the matter
of retroactive salary payment when Mr. Hutchinson returns.
E.Lex. Mr. Busa asked about the East Lexington fire station being closed
Fire during training sessions for the firemen- and said that it was his under -
Station standing that a policy was made by the Board of Selectmen not to close
the fire station.
It was agreed to check the previous minutes and talk with Mr.
Hutchinson at the next meeting.
Patriots Chairman Miley informed the Board that she had received a telephone
Day -, call from Mr. Fitzgerald, Chairman of the Town Celebrations Committee,
WBZ that WBZ radio would like to broadcast the events of Patriots Day,
Radio April 21, from 5:45 a.m. until 12:00 Noon;, therefore, he requests ap-
proval of the Board so that arrangements can be made with WBZ and our
appropriate town departments.
The Board had no objection, subject to the determination of the
Manager and the Town Celebrations Committee.
Upon motion duly made and seconded, it was voted to adjourn at 9:05 p.m.
A true record, Attest:
Executive Clerk, Selectmen
SELECTMEN'S MEETING
BREAKFAST MEETING
FEBRUARY 15, 1980
The meeting was called to order by Chairman Miley at 7:40 a.m. Those
present included: Mrs. Miley, Mr. Buse, Mrs. Battin, Mr. Kent, Mr.
Hutchinson, Mrs. Banks and guests Mrs. Patricia Swanson, member of the
School Committee; Mrs. Marcia Feakes, Chairman of Youth Commission; Mr.
David Williams, Chairman of Conservation Commission; Mrs. Ruth Morey,
Chairman of the Board of Appeals; Dr. William Cosgrove, Chairman of the
Board of Health; Mrs. Mary Shunney, Chairman of the Housing Authority
and Fred Friedman, Chairman of the Planning Board.
Mrs. Miley opened the meeting and briefly discussed that this meeting Town Meet -
was called to discuss pending items on this year's warrant. She asked the ing Warrant
Town Manager to discuss the major issues. Articles
Mr. Hutchinson noted the major issue this year is solid waste. We are run-
ning out of space at the landfill and need to close the landfill this year.
This past week, bids for trash collection were opened. These were higher
than last year. There was some discussion about when trash collection
should start and it was agreed that the Manager would look at moving the
starting date past July 1, 1980. Mrs. Feakes asked about the possibility
of recycling. Mr. Hutchinson said recycling was one component of the bid,
but the cost was very high. Generally, the Town is looking at interim
solutions. Mr. Hutchinson said so much is happening in this field that
we do not want to tie ourselves to one solution at this time.
Solid
Waste
Mr. Friedman discussed the proposed citizen articles and the Planning Planning
Board stands. He said the Planning Board would probably come out against Board
the office complex on Spring Street so they can study the traffic situation Rezoning
in more depth. The proposed multi -dwelling unit for Waltham Street has Articles
some problems and may not be ready this year. It calls for nine units per
acre at approximately $80,000 per unit. A proposal was submitted for a
site on Woburn Street. It appears that the apartments will be presented
to Town Meeting with 25% for low and moderate income. The Planning Board
would like to see fewer numbers. There is some concern that if the Town
does not go along, the developers will pursue this under Chapter 774. The
proposal for Ridge Road has been withdrawn and the Planning Board is
opposed to the rezoning on Bedford Street.
Conservation has four proposed purchases on this year's warrant and Conserva.
four pieces of land for transfer. One piece included the land behind Articles
Parker School which the Commission thought was the direction recommended
by the Town. The Commission has scheduled a meeting with the Recreation
Commission to discuss whether the land is better held as conservation or
Town. Since all recreation land is actually Town land, it was suggested
that the Commission contact the Board of Selectmen as well.
Selectmen's Breakfast Meeting 2 - February 15, 1980
Housing Mrs. Shunney reported on the progress of the scattered site houses.
Author. The Authority was surprised by the few numbers of town employees who
Scattrd. have applied. Overall response has been good and applications are still
Housing being accepted. Four of the houses are nearing completion and will be
on the house tour.
Parker & The Selectmen discussed the two articles dealing with schools. A
Munroe new proposal is being presented for Parker and the proposals for Munroe
Schools School are still being reviewed. The architect has revised the estimate
for a reduced program which will not cost $500,000. Although these
estimates are higher than expected, they are realistic.
Mrs. Miley adjourned the meeting.
Respectfully submitted,
7/6,4.0.0
nks
SELECTMEN'S MEETING
FEBRUARY 19, 1980
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Tuesday, February 19, 1980 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.
Chairman Miley read a letter from the Department of Housing and
Urban Development, dated January 21, 1980, requesting the Board's com-
ments on the application of Moore Homes, Inc. to HUD for funds for two
units at the Morrow Crossing condominium development for the Housing
Authority. Mrs. Mary Shunney, Chairman of the Lexington Housing Author-
ity, was present and said that the the Housing Authority supports the
application, and they are working with their attorney to solve the legal
problems. Moore Homes, Inc. in its Memorandum of Understanding dated
March 27, 1979 agreed to grant an option to the Lexington Housing
Authority for the sale of not less -than two units to the Authority for
a period of 18 months from the time of Town Meeting approval or final
completion date, whichever comes later. The Memorandum further states
that if the Housing Authority fails to exercise its option, the developer
has the option to sell the units to either an existing non-profit organi-
zation or one he may develop. This HUD application will provide the
funds for the non-profit organization to purchase said units should the
Lexington Housing Authority not be able to do so. Mrs. Shunney said that
this is something new and', as we all know, when working with the federal
or- state it takes so much time; we would hate to see Moore Homes tied
up beyond a reasonable length of time. We are making every effort we
can to take over these units. Mr. Nickerson of Moore Homes was present
and had no -comments.
Upon motion duly made and seconded, it was voted unanimously to
support the application of Moore Homes; Inc. to HUD -for funds to pur-
chase two units at Morrow Crossing.
Chairman Miley read a letter from the Cary Library Executive Com-
mittee submitting two nominees for an appointment to the Historic
Districts Commission.
Upon motion duly made and seconded, it was voted to appoint Mrs,
Ann Wallace, 8 Glen Road, a member,of the Historic Districts Commission,
for a five year term of office expiring January 1, 1985, as a representa-
tive of the Cary Memorial Library Trustees.
Chairman Miley recommended that appointments be made to the Pest
Control Advisory Committee.
Upon motion duly made and seconded, it was voted to appoint the
following members of the Pest Control Advisory Committee for a period
of six months to August 19, 1980: John W. Andrews, 22 Kendall Road;
Ann Bond, 16 Franklin Street; Raymond Gabler, 10 Boulder Road; Barbara
Green, 197 Grove Street; Paul V. Riffin, 6 Field Road; Martin K. White,
50 Bloomfield Street; ex -officio members Paul Mazerall,DPW, and
George Smith, Health Director.
Housing
Authority -
Moo re
Homes/HUD
Appts. -
Hist.Dists.
Pes t
Control
Adv. Com.
(15
Resigna-
tion -
Hanscom
Adv.Com.
Dogs
Minutes
Traffic
Stop
Signs
E. Lex.
Traffic
Stop
Signs
North St.
Lowell St.
Traffic-
Brubeck-
Reflectors
Selectmen's Meeting - 2 - February 19, 1980
Chairman Miley read a letter of resignation from Mr. Fred C. Bailey.
Upon motion duly made and seconded, it was voted to accept with re-
gret the resignation of Mr. Fred C. Bailey as an alternate to the Hanscom
Advisory Committee.
Mr. Busa informed the Board that the Neville/Verdonne dog hearing
has been rescheduled to February -27 at 9:00 a.m.
Upon motion duly made and seconded, it was voted to approve the
minutes of the Selectmen's Meeting of February 11, 1980.
Chairman Miley read a recommendation from the Traffic Safety Committee
that the request from Mr. Neil Chamberlain, 121 Cedar Street, be approved
for the installation of Stop signs at Baker Avenue and Tucker Avenue; the
committee also recommends the installation of additional Stop .signs in the
same area.
Upon motion duly made and seconded, it was voted to amend the Traffic
Rules and Orders by adding to Article VIII, Section 22, Schedule 7, the
following:STOP signs: Tucker Avenue -Eastbound at Baker Avenue; Tucker
Avenue -Westbound at Baker Avenue; Oak Street -Eastbound at Baker Avenue;
Banks Avenue -Eastbound at Baker Avenue; Banks Avenue -Westbound at Baker
Avenue; Tucker Avenue -Eastbound at Chase Avenue; Tucker Avenue -Westbound
at Chase Avenue; Tucker Avenue -Eastbound at Tarbell Avenue; Banks Avenue -
Eastbound at Chase Avenue; Ames Avenue -Eastbound at Baker Avenue; Bennett
Avenue -Westbound at Baker Avenue; Butler Avenue -Eastbound at Baker Avenue;
Taft Avenue -Eastbound at Baker Avenue; Chase Avenue -Northbound at Taft Avenue;
Tarbell Avenue -Northbound at Taft Avenue; Carbille Avenue -Northbound at
Oak Street; Charles Street -Northbound at Massachusetts Avenue; Bowker Street -
Northbound at Massachusetts Avenue; Taft Avenue -Northbound at Massachusetts
Avenue.
The Traffic Safety Committee recommended approval of the installation
of Stop signs at North Street and Lowell Street as this intersection in-
dicates that Stop signs are warranted.
Upon motion duly made and seconded, it was voted to amend the Traffic
Rules and Orders by adding to Article VIII, Section 22, Schedule 7, the
following STOP signs. North Street-Northeastbound at Lowell Street;
North Street-Southwestbound at Lowell Street.
The Traffic Safety Committee submitted recommendations relative to
the requests received from Mrs. Lois Brubeck, 12 Adams Street.
Upon motion duly made and seconded, it was voted to accept the recom-
mendations of the Traffic Safety Committee that (1) reflectors be installed
on the small island at Massachusetts Avenue and Harrington Road to define the
location of the island; (2) Small reflectors be installed on the trees on East
Street approaching Adams Street to define their locations; (3) With the recon-
struction of Hancock Street to begin in the spring, which will include granite
curbing, the committee recommended that no action be taken to install reflectors
at the intersection of Hancock Street and Adams Street.
1
1
Selectmen's Meeting
- 3 - February 19, 1980
Chairman Miley read .a request for :permission to. conduct a road race. Permit
Upon motion duly made and seconded, -it was voted to grant permission St.Brigid's
to St. Brigid's Church to conduct a road race on Sunday, March 2, 1980, Road Race
at 2:00 p.m. with proceeds to go to the "Boat People,"
Upon motion duly made and seconded, it was voted to table the re- Band
quest of Mr. Donald J. Gillespie for the use of the Battle Green on Concert
Sunday, May 25, for a High School band concert, pending clarification
of the question raised as to whether M'rc Gillespie would prefer to use
the bandstand at Hastings Park.
Chairman Miley read a request for „a change in the name on a Common Sheraton
Victualler license and an Innholder Liquor License. Motor Inn
Upon motion duly made and seconded, it was voted to approve the Licenses
change in name on the Common Victualler license and Innholder Liquor
license from the Sheraton Lexington Motor Inn to Dunfey Hotels Corpora-
tion d.b.a. Sheraton -Lexington Motor Inn. The Board signed new licenses.
Mr. Hutchinson informed the Board that proposals have been received Solid
on solid waste and are still under review; one form is -for a transfer Waste
station and the other is for consideration of collection in the town. Proposals
It looks as if, economically, the most viable proposal would be for the
collection of the town and we will address this at one of your meetings
before Town Meeting.
Mr. Hutchinson said that the Board has been provided with the most Munroe
recent estimate of Hammer, Kiefer and Todd regarding the Munroe School. School
We are continuing to look at cost data, and looking at this recent
proposal at $518,000, his recommendation would be for the Board to
continue to undertake the renovation of the school. Looking at our
debt service area, this is compatible with the capacity of the town.
The actual permanent borrowing would reflect in our 1982 fiscal year
when we are dropping from our debt service the Clarke Jr. High School
and some other items,- We have shown that the estimated borrowing
costs, including operating costs, would be approximately $190,000
and we allowed for debt service at $165;000. His recommendation was
predicated upon the idea of having Town Meeting authorize a 1 -step
process, which hasn't been done in the past. In other words, to
take preliminary plans and go forward with .implementation of that
project and take advantage_ of construction schedules. The other
choice would be to get a figure for just completing detailed plans
and specifications for the building, receive bids, etc. and come back
at a subsequent Town Meeting for authorized implementation of the pro-
posal. The problem is that construction costs go up. He has spent
time with the Treasurer and the Comptroller and they did not see any-
thing that will dramatically change our cost figures. We believe that
the town should go forward on the human services center and you will
have to decide who the tenants will be. Mr. Busa said that this is
an improper approach to the human services problem in Lexington as
the need has not been shown. A majority of them are satisfied with
the facilities at the church and so not support going into a senior
center of that magnitude. The town should not be burdened with another
$750,000. The Board agreed to continue the discussion at a later meeting
after additional information is received.
Plan.Bd.
Central
Business
District
Committee,
Selectmen's Meeting
- 4 - February 19, 1980
Members of the Planning Board Central Business District Committee
met with the Board to discuss the Committee's recommendations for town
action. Representatives of the Chamber of Commerce, Mr. John Packard,
Mr. George Wadsworth, Mr. Eric Clarke, and Mrs. Jacqueline Smith were
present. Mr. Friedman, Central Business Committee, said that the
Planning Board and the committee have been meeting over the past two
years with interested citizens and businessmen, and three different
meetings have been held to listen to concerns of the groups. Last
December, we prepared a summary of a report and suggestions,. and we
came up with 14 recommendations; 13 involved the selectmen and 1 Mahe sign
by-law, which the Planning Board is working on now. There had been
talk of the possibility of a parking garage and the feeling was that it
was not necessary at this time. There was a comment about the tourist
sign and some people said that the season was really short, and
wondered if the April 19 parade and one or two specials really pro-
vide an impact on the community. The Colonial Garage offers a lot of
potential to the town; Ms. Wisotsky, a resident and business person
in the town, wrote a letter and she felt that most of the problems in
the center are not things that can be faced by the town. There is the
question of diversity, and we discussed this a year ago about the possi-
bility of having special permits for all businesses in the,town, and we
were told in rather clear terms that it was questionable for the types
of businesses. We all have to face the reality that we are competing
with the Mall, and it would be better if we could accentuate the positive
in the town and maybe the sign by-law can help. The committee recommends
that the merchants, businessmen, Chamber of Commerce,and property owners
provide a continuing effort toward marketing and promotional work to
enhance the center.
Mr. Friedman read the Central Business District Committee's recom-
mendations:
1. Rewrite the sign by-law so as to make it easier
while maintaining the attractiveness of the Cent
2. Develop more signs directing traffic to parking
those that are non-standard. Mr. Friedman said
aware of signs existing in the Center.
to identify businesses
er.
areas, and replace
that he was not
3. Develop a way to direct overflow traffic from the Muzzey Street lot
to the other parking areas. Mr. Friedman said that it is very diffi-
cult in coming out of the Muzzey Street lot to find your way to the
other parking lots.
4. Allocate a portion of each parking area for small cars.
5. Put a 2 -hour parking limit on the unmetered portion of Mass. Ave.
between Woburn Street and Harrington Road.
6. Permit diagonal parking in front of the Edison building and the Post
Office. There is mixed feeling on this suggestion as it would add
a few parking places but could impede continuous traffic flow into
the Edison Way parking area.
1
1
Selectmen's Meeting - 5 - February 19, 1980
7. Expand the Meriam Street lot and develop another access to it; meter all
Cf this latirwith:.a.lihited:Section dedicated to all -day parking.
8. Improve the design of parking areas and traffic flow in the Muzzey Street
lot and behind the Cambridgeport Bank.
Mr. Michelson said that the traffic flow and the Muzzey Street lot have
been topics of discussion for years. He would hate to see another study
as.everything;that was done in 1966 is still feasible now as far as a
study goes. He was disappointed that the only action by this Town Meet-
ing is the sign by-law, and we will have another year of chaos in the
Center. People are parking all day in the Meriam Street lot and taking
the bus to work.
9. Utilize the railroad right-of-way to connect the abutting parking lots in
more than one place. The right-of-way might also be used as a by-pass
around the Center, for more parking or for a bike path leading to the
Center.
10. Traffic circulation around the back streets of the Center should be re-
viewed for smooth traffic flow and for effectiveness in getting into or
out of parking lots.
11. A review should be carried out of the impact of by-passing the Center com-
pletely by taking cars away from the Waltham Street/Mass. Ave. intersection.
12. Obtain rights to use the rear of the Edison property for parking.
13. Allocate a portion of the parking meter receipts to a specifically dedicated
fund to be used for improving conditions at the Center. One suggestion is to
install business directory signs in each parking area and possibly in the
Center. The information contained on these signs could be maintained and
updated by the Chamber of Commerce.
14. Study the feasibility of allocating a portion of the school administration
parking area to all -day parking for postal employees.
The Central Business Committee believes that implementation of these recom-
mendations would help improve conditions at the Center.
Mrs. Battin said that the Board of Selectmen has adopted two objectives:
Recognizing the need for vital center as the community's civic, commercial,
social and cultural focus, a plan for revitalizing the Center shall be prepared
by the town, the Chamber of Commerce, Lexington banking and lending institutions,
and Lexington industries. Such a plan shall be -completed by December 1, 1980 and
submitted to the appropriate Town Boards, Town Meeting Members, Commercial inter-
ests 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. A second objective was adopted to increase
parking availability looking specifically at the Metcalf & Eddy report and their
recommendations for improved parking, and at reducing number of all -day parking
for commuters. Mrs. Battin said that this is in line with the suggestion of
Mr. Sacco of the Chamber of Commerce, that a group get together and develop a
work plan. The town is saying that it is committed to it and this is what should
be included.
7,e
Selectmen's Meeting
- 6 - February 19, 1980
Suggestions were made on bypassing the Center by going forward with the
study on the extension of Worthen Road to Route 2; reversing the direction
of Clarke Street by going toward Forest Street; paving the end of Fletcher
Avenue to Grant Street to reach the Saddle Club Road area.
Parking for postal employees was discussed and Mr. Busa said that he
had met with the Postmaster of Boston, and hh: and.his staff had approached
Edison about using the land behind their building but Edison is not interested
and does not even want to lease the land. The Postmaster's office is pursuing
the proposal of four or five years ago to move out of the Center to another
area in town and to consolidate three towns. The immediate solution would be
for the suggested 2 -hour parking and long range planning. Mr. Crain said
in the report, there is an alternative suggested regarding the use of school
property. The time has come for action and the Manager could consider the
report, come back to the Board and make recommendations. Mr. Kent said that
short-term as well as long range planning should be done. Mr. Michelson said
that all of the ideas have been aired at various committee meetings and he
hoped this doesn't get shelved. Recommendation #7 is to meter the Meriam
Street lot with a limited section dedicated to all -day parking. The town
has to realize that this is critical and you can't have a limited section
or you would have parking all along the streets; you need a larger section.
Chairman Miley said we hoped that Lexpress might help your situation. You
have reported it and we are all aware of it. We will all work together on
the Center, and she agreed that we do not need more studies. Mrs. Battin and
the Manager will pull it together and work with the committee and the Chamber
of Commerce.
Chairman Miley thanked all for coming and they retired from the meeting.
E.Lex. Mr. Hutchinson said that he had received a petition regarding concerns
Fire that the East Lexington fire station might be closed. He will respond and
Station point out that of the shifts that are there, 99.6 percent of the hours
our people are there or responding to fires. Periodically as an exception,
we do wind up holding central training at the main fire house to maximize
the advantage of instructors who are available andmoving the small amount
of employees to the central, fire house. We think this is an effective use
of the firemen's time and not necessarily have them there waiting at the
East Lexington station for a fire to happen. Because it is the exception,
and when we point this out to the residents, they should feel more comfortable.
Mr. Busa said that the citizens' greatest concern was that the station would
be closed 32 hours during the month of February and if you think E. Lexington
would be adequately served, they would say to close the station completely;
you are telling them that regardless of how long a period of time, they can
be protected out of the central fire station. Mr. Hutchinson said that we
gear to the norm rather than the exception. We have an obligation to train
the men and the minimum amount of men on an engine is three men. We are
maximizing the talents of men by town inspections; we have legal Obliga-
tions to provide these inspection services. If the town were to decide
not to conduct joint training sessions as a policy it would require spend-
ing $12.00 per hour for an outside instructor to do the East Lexington
station. The cost for 88 hours would equal $1,056; assuming that the
instructors could be made available for extra sessions in the town when
their demand is statewide. Chairman Miley said that since they cover the
state, not necessarily would there be an instructor available to do both the
main station and E. Lexington; so, it would be double,the cost.
Selectmen's Meeting - 7 - February 19, 1980
Mr. Hutchinson said that there are times when we aren't going to have the
men available if we are fighting a grass fire, and we have to call another
town in under the regional agreement. Mr. Crain asked when was the last
time there was a critical analysis of where the firehouses should be. located?
Mr. Busa said that it was probably in 1968. Fire Chief Bergeron was present
and said that in the larger cities, they would use a model; in a small town,
you would look at your past experience to see if it is reasonable for the dem
mond you are getting for fires. Mr. Crain said that if it has been 10 years,
we should have administration take a look at all the variables and go.Into
them. Mr. Hutchinson said that he would report back to the Board.
Mr. Hutchinson recommended approval of a request received from the
Girl Scouts.
Upon motion duly made and seconded, it was voted to approve the re-
quest of the Lexington Girl Scouts to demonstrate their skills on the
grounds between the Buckman Tavern and the Old Red Cross House on Sunday,
May 18, 1980 from 1:30 p.m. to 5:00 p.m.
Mr. Hutchinson reported to the Board that a meeting had been held
with members of the Police Department regarding -the letter.from Mr. Cravis
of Rogers Road concerning recent vandalism in the area and the lack of
street lighting. Mr. Hutchinson had instructed the Public Works Depart-
ment to increase the lighting in the area, and he will respond by letter
to Mr. Cravis.
Mr. Hutchinson discussed the location of the telephone booth in the
Center. The Historic Districts Commission turned us down on the proposed
location between the trees at Colpitts on Mass. Avenue. Mr. Cohen advised
that the Selectmen have authority for the location. Mr. Kent offered to
meet with the Historic Districts Commission and, hopefully, resolve the
situation. The Board agreed.
Mr. Crain said that he had attended a meeting of the Transportation
Advisory Committee and they are coming to grips with the fee structure
before Town Meeting. He felt it advisable for the Board to address sub-
sidization or no subsidization, and if we do not get $60,000 from the
MBTA, this Board should give conscious attention to that.
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
to into executive session for the purpose of discussing strategy with
respect to litigation and real estate, with no intention of resuming
the open meeting.
After discussion, it was voted to go out of Executive Session
Upon,mation duly made and seconded, it was voted to adjourn at
10:10 p.m.
A true record, Attest:
Use of
Buckman
Grounds
Street
Lights/
Vandalism
Rogers Rd.
Center
Telephone
Lexpress
Executive
Sess ion
ecutive Clerk, Selectmen
MAPC/
Center
Revital-
ization
Legisla-
tion -
HFAC
SELECTMEN'S MEETING
FEBRUARY 25, 1980
A regular meeting of the Board of
Meeting Room, Town Office Building, on
Chairman Miley, Mr. Busa, Mrs. Battin,
Town Manager; Mr. Cohen, Town Counsel;
Manager; Mrs. McCurdy, Executive Clerk
Selectmen was held in the Selectmen's
Monday, February 25, 1980 at 7:30 p.m.
Mr. Kent, Mr. Crain; Mr. Hutchinson,
Mrs. Banks, Assistant to the Town
, were present.
Mrs. Jacqueline Smith discussed plans offered by the Metropolitan
Area Planning Council for technical assistance on the revitalization of
central -business:districts. One plan would be for a full revitalization
study, such as the one done in Maynard, which would take about a one year
lead-in time at an average cost of $60,000 to $100,000 with the town par-
ticipating at about 20 percent. This would be for design, traffic, park-
ing, market analysis and strategy, as well as trying to find a form of
grant. The other way to go is that MAPC does offer technical assistance
on smaller projects for market analysis, traffic, some questions on park-
ing; this is done in-house, with no charge to the town. There is a much
shorter lead time and you have to send in a letter of intent to MAPC.
• After discussion, the Board agreed that Mrs. Battin is to draft a
letter to MAPC for the Chairman's signature, requesting technical assist-
ance in the areas of traffic,parking and market analysis for the re-
vitalization of Lexington Center.
As Chairman of the Hanscom Field Advisory Committee, Mrs. Smith
said that the Board had approved the idea last fall of going forward
with legislation to make HFAC a legal entity, and Senator Carol Amick
had filed the bill. Because of the time element involved in filing
the bill, Senator Amick asked that the communities prepare what they
felt would be acceptable to them and she would support it. HFAC has
put together a bill for the review of the Board`of,Selectmth- f
Bedford, Concord,:.Lexington.and L ricbin. The bill s:'in:three parts:
(1) the Preamble which sets forth the reasons for creating such a
committee; (2) Composition and appointing powers, which is an attempt
to give the Commission the same balance and depth as that created in
the joint agreement; (3) Responsibilities, to review and give community
reaction to Massport decisions on Hanscom, to provide a channel of com-
munication between Massport and the communities, and any other duties
assigned to it. The bill will be heard by the Joint Transportation
Committee on March 5,. and we request approval of this Board.
Upon motion duly made and seconded, it was voted to accept the
draft of the bill of the committee and to send an appropriate statement
to the March 5 meeting of the Massachusetts Committee on Transportation.
Mr. Kent agreed to alert Senator Rotondi and Representative Cole.
1
Selectmen's Meeting
- 2 - February 25, 1980
)8
The School Sites Conversion Committee and Mr. Fred Todd, Architect Munroe
with the firm of Hammer Kiefer and Todd, Inc., met with the Board to School
discuss the feasibility report for conversion of the Munroe School to
human services use. Chairman Miley said that we have asked representa-
tives of different groups who have been interested in the Munroe School
to come tonight to see if we can perhaps iron out some of the financial
problems that we have been concerned about, and to find out if there is
some way that this can be feasible and put in such a context that we can
bring it hopefully for all to Town Meeting and feel positive about this.
Mrs. Shunney, Chairman of the Housing Authority, Mr. William Sen, Chairman
of the Council on Aging, and Mr. Ballou of the Children's Center are also
here. Mr. Busa said that he had been presented a petition from some senior
citizens who were very much concerned with the Town of Lexington going for-
ward with this project. He did not want to give the names in order to in-
sulate the citizens who had signed the petition. Chairman Miley said that
Tropeano: President of the Senior Citizens, was unable to come tonight
and had told her that his members were very concerned about the figure of
$770,000, and Mrs. Miley had assured him that she was concerned also - all
were concerned about it. What we are doing tonight is to try and come up
with something palatable to everyone, and she had told Mr. Tropeano that
she would get back to him tomorrow. Mr. Crain and Mr. Kent expressed thedr
concern about a petition being presented but not filed with the Board, and
if some senior citizens have legitimate concerns, they would like to know
what they are and to meet with them.
Mr. Hutchinson said that we have received proposals for $777,000,
$620,000 and $518,000; obviously, there would have to be an estimate of
architect's fees added.
Mr. Todd said that they were asked to look at the feasibility of con-
verting the Munroe School for a human service center for elderly users,
and there was not a specific group pinpointed at that time. We talked
to a variety of agencies and they in no way were to be final tenants;
for their requirements in a general way and if it would work for small
people, elderly groups. We prepared, in a preliminary way, a set of
plans and to have a checklist of items that would go into a conversion.
1. What steps we need to take to comply with the'state building code,
energy, and the architectural barrier code. We used those provisions
of the code where we could apply them, and met with the Building Com-
missioner, for tentative agreement on what could be done and what to put
off. Once you meet the code, we looked at some of the significant require-
ments of the program and to make the building function for elderly people.
On how far we were going to go, our initial assumption was not a Cadillac
but a Chevrolet approach, and a $770,000 cost estimate was built up item
by item; $577,000 base price, contingency factor of 10 percent, 12 percent
inflation figure, and another 6 percent to cover inflation between our
current estimate and construction in the summer of 1980; we added 15 per-
cent for contractor's overhead and profit. Adding on brought it up to
$771,000, approximately $37.00/sq. ft. It remains in our professional
judgment a fair estimate of what:it Would cost. We were asked if any
area cost could be reduced and a second memo went through with some fairly
minor changes for providing less shelving in offices, in toilet areas, a
lower quality of finish, -.eliminating some painting, scaling down components
a.fAthe:.kfuchen,. and eliminating air .conditioning This resulted in the
$620,000 estimate or approximately $29.00/sq. ft.
Selectmen's Meeting - 3 - February 25, 1980
Mr. Todd said that in our letter of February 12, we took a different
approach as to what it would cost to do the minimum and still bring the
building up to the code. We would do only the basics and let the
tenants assume the cost for carpets, etc. Looking at the minimum,
we came up with an estimate of $25.00/sq. ft. with a base price of
$386,000, 10 percent contingency fee, 6 percent inflation, 15 percent
contractor overhead and profit; $518,000. Mr. Kent questioned whether
a potential trade-off in rents existed, and Mr. Hutchinson said that it
depends on who goes in there. He had deducted the rental of the Church
of Our Redeemer for the Council on Aging and there is an estimate of
$20,000 for the Minuteman Home Care. We have not developed numbers on
the idea of marketing the office space. Rev. Shirley Goodwin, Minuteman
Home Care, said that they had moved into the Grey Nuns and have a two year
lease, and they will be looking for another place. As a member of the
Council on Aging, we went to the Church of Our Redeemer because we had
to prove a need for a senior center. Why do we have to prove a need?
Mr. Crain asked for the approximate evaluation of the number of people
who could be serviced at the lower level? He felt it should be used as
a social center and to have a hot meal. Mr. Todd said that the CoA had
talked about 50 to 60 people, and they could be handled comfortably.
Mr. Busa said that the people who aren't going to use it are concerned :.
about the cost. What would it cost to put it into usable service?
Mr. Todd said that you could move them in and use it not painted and
not carpeted. The number is between $500,000 and the first number of
$700,000. Mrs. Battin spoke to the need for a senior center. At the
Church, they have a variety of programs and they need a larger place.
She asked if the range of proposals had been given to the Council on
Aging? Mr. Sen said that they hadn't had a chance to see them, and
we havedefinitely outgrown the Church. He discussed meals and said
that a caterer could bring in meals. Mrs. Miley said, then, there is
no need to worry about the kitchen. Mr. Kent recommended that a formal,
written report be given to the Board in order to exercise the kind of
judgment we have to make and the kind of selling that we are going to
have to do if the Tann Meeting is to be persuaded to do this job. The
Board agreed with Mr. Hutchinson's recommendation to charge the Council
on Aging, working with the Senior Center Site Committee, to address
the existing programatical needs for the people to be served and the
proposed groups to be served; to address it as it relates to the stddy
of the Munroe School specifically, and to advise the Board of some of
the data that they did look at schools other schools. Also, informa-
tion about addressing the school program and how does that fit in with
the idea of meals? And looking to the plans for the future. This re-
port is to be discussed at the March 10 meeting of the Board of
Selectmen.
1
1
ig'i
Selectmen's Meeting - 4 - February 25, 1980
Messrs. Casendinny•Powers, O'Driscoll of Clark Associates met with the Parker
Board to discuss the Parker School. Members of the School Sites Conversion School
Committee and Mrs. Shunney, Housing Authority Chairman, were also present.
Mr. Casendino said that they had met with the Planning Board, Housing
Authority; and with the community, and they have modified the building
in terms of the addition. Looking back into the unit mix, they are still
all 2 bedroom -1 bath units; we have widened the entrance to 30 feet. The
primary change was in the roof line. The units were not changed within
the structure but the Building Commissioner wanted modified stairs, and
we agreed. We are very concerned with the minimal number of doors for
maximum security. We want single level living. The oldest building has
two units at the lower level and storage in the old storage room. The
new addition will have its own entrance system off the rear parking lot.
The addition will have 5 units on a floor, and we still have 18 units in
the existing structure and 10 in the addition. We meet the zoning re-
quirements. We have had a traffic consultant look at traffic conditions
and we will get his report. The Housing Authority looked at the units and
they are in agreement with the 2 -bedroom units and they wanted them
scattered through the building rather than totally in one block, and
we agreed. There are legal questions whether they can accept the transfer
of the units. Mrs. Shunney asked if they are going to be sold or given to
the Housing Authority? Mr. Hutchinson said that they will be given to the
town. Mrs. Shunney said that they do have the opportunity to possibly serve
a different group of people; there is no legal question on this. Mr. Smith,
SSCC,'said that Clark will have to go for variances and will need an access
easement. Mr. Hutchinson said to make sure there is a deed restriction which
leaves the abutting land effectively as open space and to have a walking ease-
ment for people to get across. Mr. Kent asked if there is anything they are
doing that will raise the structure beyond the height of the existing level?
Mr. Casendino said that the new structure would be no higher than the exist-
ing structure. There will be a price range of $60,000 to $80,000 for the
seven units.
Chairman Miley thanked Clark Associates for meeting with the Board
and they retired from the meeting.
Chairman Miley read an application for a Common Victualler license. Common
Upon motion duly made and seconded, it was voted to issue a Common " Victualler
Victualler license to Damon Enterprises, Inc. d.b.a. Bel Canto Restaurant, License
1715 Massachusetts Avenue, formerly the Minuteman Restaurant, with ,hours
of operation on Sunday -Thursday 6:00 a.m. to 10:00 p.m.; Friday -Saturday
6:00 a.m. to 11:00 p.m.: License is issued subject to a final inspection
of the Health Director.
Mr. Hutchinson recommended approval of the request of the Lions Club July 4th
to conduct the Annual July 4th Carnival on Sunday, June 29, through Lions Club
Saturday, July 6, on the portion of the Center Playground that was Carnival
utilized last year, subject to coordination with the Police, Fire,
DPW, and the Manager's Office. Mr. Kent asked that it be reviewed
with the Recreation Committee and if there are any problems, they
should come back to the Board. Mr. Hutchinson agreed, and added
that he would be reviewing the requested dates.
July 4th
Lions Club
Carnival
Gypsy
Moths
Solid
Waste
Committee
LEXPRESS
Bus
Transfer -
Account
# 5450
Energy
Budget
Selectmen's Meeting - 5 - February 25, 1980
Upon motion duly made and seconded, it was voted to approve the re-
quest of the Lions Club to conduct the July 4th carnival on June 29
through July 6, 1980 at the portion of the Center Playground which was -
used last year, subject to the dates being reviewed by the Town Manager
and with the coordination of the appropriate town agencies.
Mr. Hutchinson recommended that the letter from Mrs. Eva Gordon re-
garding the sypsy moth problem be referred to the Conservation Commission.
Chairman Miley reminded the Board that the Pest Control Advisory Committee
was asked to look into the mosquito issue and then to look into the gypsy
moths. We can ask the Conservation Commission to work with the committee
on the gypsy moths and have a progress report by April 1. The Board
agreed.
Mr. Hutehinson informed the Board that he had been meeting with the
Solid Waste Committee and they will meet with the Board to review the
report.
Mr. Fred Rosenberg and Mrs.. Sally Castleman of the Transportation
Advisory Committee met with the Board to discuss LEXPRESS. Mr. Rosenberg
said that the committee would like to go out to contract before Town Meet-
ing and there would have to be an escalation cost. He was not recommending
a change in the fare structure at this time. Mr. Crain recommended that
the Board address subsidization and determine whether it is appropriate
to put it on the tax rate; in his opinion, it is appropriate because we
do it on other programs. Mr. Hutchinson said that we are carrying
$100,000 right now. Mr. Rosenberg said they would come back to the
Board, and retired from the meeting.
Mr. Hutchinson requested a transfer of $20,000 to the Road Machinery
account to buy gasoline for DPW vehicles. We budgeted last year for 94 cents
a gallon and currently we are at $1.05 a gallon, and we will wind up spending
$30,000. We have requests for $70,000 for the Library, DPW, costs for legal
fees on the Snyder case, and it is his intention to meet with the Appropria-
tion Committee regarding this. We have the right to go to Town Meeting under
Article 3 with supplementary requests for the current fiscal year. We are
preparing a revised estimate for F.Y. 81 fuel costs.
Upon motion duly made and seconded, it was voted to request approval of
the Appropriation Committee for the transfer from the Reserve Fund to Account
#5450 -Road Machinery to buy gasoline for DPW vehicles.
Mr. Hutchinson said that the Board should be aware of proposed legisla-
tion to allow towns the capability to commit their free cash, if they have it
available, to offset some of these deficits. He would pursue that with our
legislators.
Mr. Busa submitted a list of projected energy costs prepared by the
Energy Committee and recommended that $20,702 be included in the budget;
among the items are, $11,702 for insulation of buildings; $5,000 for repairs
to the Central Fire Station; $1,000 for fans and screens or plastic shades at
the Library. We will have a pay -back on insulation of from one to four years
depending on which building it is. There is the necessity to improve and
1
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Selectmen's Meeting - 6 - February 25, 1980
repair the Central Fire Station and $5,000 is a conservative figure for the
program they feel would be cost effective and an immediate pay -back on the
consumption of energy. The Energy Committee has recommended door closers
for the East Lexington Fire Station. Also, the purchase and installation
of three fans at the Library; with the greenhouse effect on the southwest
side of the main Library because of all the windows, the air-conditioning
during the summertime is $3,000/month, and the committee felt there
should be some screening or plastic shades there.
The committee has found problems as some employees are not taking
energy conservation very seriously, and the committee would like to create
some sort of program or a tracking system where a person responsible for
the building will know whether they are conserving or increasing their
fuel costs. Jim Scanlon is coming up with a program to be put into a
computer system either at the High School or someplace else, to tell you
whether you are saving day-by-day, week -by -week, month -by -month; it would
be very inexpensive but very cost effective.
Mr. Hutchinson said that the department heads have taken seriously
the issue of energy of conservation and our fuel figures have dramatically
shown a reduction, particularly in this complex. and at the Fire Department
by upgrading some of the material there. As part of an overall process,
Mr. Hutchinson said that he would file an amended report using this data.
We would like to look at some of the items to see if there is duplication.
A number of things authorized last year have been implemented and some are
being initiated now. Department heads did propose energy items, such as
the fuel system at Public Works, and the Fire Department has had storm
windows installed.
Chairman Miley reported on a meeting she had attended on Saturday, Middlesex
which was the annual budget meeting of the County Commissioner's people County
and the Budget Committee of the Middlesex County Advisory Board. One Budget
item that came up was on 24 people who are listed under the highway de-
partment, salaries being $300,000, but no one could figure out where
those people were; they thought the Commissioners had them in their
office, and the representatives of the Commissioners office said that
they were not in their office. So, nobody knows where the $300,000 is
going or who the people are. Mrs. Miley was concerned about this and
plans to attend the hearings on March 12 at the Committee on Counties
on their budget.
Upon motion duly made and seconded, it was voted 5-0 by roll call vote
-oMrs. Miley, Mr. Buse, Mrs. Battin, Mr. Kent and Mr. Crain - to go into
executive session for the purpose of discussing a real estate matter,
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 10:25 p.
A true record, Attest:
Executive Clerk, Selectmen
1
VO I D
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1
SELECTMEN'S MEETING
MARCH 10, 1980
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, March 10, 1980 at 7:30 P.M.
Chairman Miley, Mrs. Battin, Mr. Kent, Mr. Crain; Mr. Hutchinson, Town Mana-
ger; Mr. Cohen, Town Counsel; Mrs. Banks, Assistant to the Town Manager;
Miss Casey, Principal Clerk, Selectmen, were present.
Chairman Miley opened the meeting with a hearing on the application of
the N.E. Tel. & Tel. and Boston Edison Company for permission to install a
joint stub pole on the corner of School Street and Mass. Avenue. Mr. Pinault
representative of the Telephone Company explained that the proposed work is
necessary to support Pole 57/187 which is..currently supported by a diseased
tree that is being removed by the Town. Chairman Miley read a recommenda-
tion from Warren A. Empey, Acting Director, Dept. of Public Works, recommend-
ing approval of the request. Notices of the hearing had been sent to the
abutters and filed with the Public Works Department. Mr. Thomas F. Anthony,
one of the abutters, addressed the Board and explained that he had previously
opposed this work, but had since talked with Telephone Company, Boston Edison
and Public Works representatives and has withdrawn his objections.
Upon motion duly made and seconded, Mr. Crain abstaining, it was voted
to grant permission to the New England Telephone Company and Boston Edison
Company for the following installation:
Massachusetts Avenue: on the northeast side, approximately 105'±
(feet) west of School Street, one (1) Pole 57/187S
Chairman Miley read a petition from the N.E. Tel. & Tel. for permission
to install approximately sixty-five.feet of conduit in East Street necessary
to service a new condominium. Notices of the hearing had been sent to the
abutters and filed with the Public Works Department. Mrs. Miley read a reco-
mmendation from Mr. Empey recommending approval. Mr. Stewart Taylor, one of
the abutters addressed the Board and stated that he had talked to the Tele-
phone representative and had been assured that there would be no physical im-
pairment to his property and on that basis he had no objections.
Upon motion duly made and seconded, Mr. Crain abstaining, it was voted
to grant permission to the New England Telephone Company for the following
conduit location:
East Street: on the southwesterly side, from Doran Farm Lane, a
Private Way, northeasterly to existing Pole 27/23, approximately
65+ (feet) of conduit.
Mr. Roland Pinault, Telephone Company representative, addressed the
Board and requested that a petition for manhole locations on Massachusetts
Avenue, tabled by the:Board at its meeting on September 10, 1979 be removed
from the table. He explained that Mr. Thomas F. Anthony, had at that time
objected and he has talked with Mr. Anthony and explained the process to
him and Mr. Anthony has now withdrawn his objections.
Upon motion duly made and seconded, Mr. Crain abstaining, it was voted
to remove from the table the petition of the N.E. Tel. & Tel. Co. tabled
on September 10, 1979.
N.E. Tel
Boston
Edison
Pole loc.
Mass. Ave.
School St.
N.E. Tel
& Tel
Conduit
East St.
N.E. Tel
& Tel
Manhole
Mass. Ave.
1$�
- 2 -
Selectmen's Meeting March 10, 1980
The Chairman read the petition and the report from the Acting Director
of Public Works recommending approval.
Upon motion duly made and seconded, Mr. Crain abstaining, it was voted
to grant permission to the New England Telephone Company for the following
location:
Massachusetts Avenue: on the northerly side, approximately 80'+ (feet)
west of School Street, one (1) Manhole 54/87A; also, on the northerly
side, approximately 20+ (feet) west of Paul Revere Road, one (1) Manhole
54/88C.
N.E. Tel. • The Chairman read a petition from the N.E. Tel. & Tel. and Boston Edison
Boston for permission to remove two joint owned poles on Lowell Street. No hearing
Edison required and approval had been given by the Public Works Department.
Lowell Upon motion duly made and seconded, Mr. Crain abstaining, it was voted
Street to grant permission to the N.E. Tel. & Tel. and Boston Edison for the following
Poles location:
Lowell Street: on the southerly side, approximately 23+ (feet) east of
Peartree Road, one (1) pole; also, on the southerly side approximately
54+ (feet) west of Peartree Road, one (1) pole.
Upon motion duly made and seconded, it was voted to approve issuance of
the following licenses:
Licenses
AUCTIONEER LICENSES: William G. Marley, William Sennott, Robert N. Cann
ONE DAY LIQUOR LICENSES: St. Brigid's Parish, RAEDACC Assoc. of W. R.
Grace & Co.
Dog Hearing Chairman Miley recommended a decision be made by the Board on the Verdone
Neville/ dog hearing conducted by Mr. Busa on February 27, 1980. The hearing was held
Verdone on the written complaint of Mr. William Neville that the dog was a nuisance
running loose in violation of the leash law and destroying his property.
Mrs. Miley read Mr. Busa's recommendation that the dog be kept within strict
compliance with the Lexington Leash Law or court action be taken by the
Board of Selectmen and a copy of the Leash Law be forwarded to Mrs. Verdone.
Upon motion duly made and seconded it was voted to notify Mrs. Verdone
of the following decision by the Board of Selectmen regarding her dog:
"That this dog must be kept within strict compliance with the Lexington
Leash Law or court action will be taken by the Board of Selectmen. A
copy of the Leash Law enclosed."
' Outer 65 The,Board discussed the invitation from Paul E. Means, Member,. Board of
MBTA Directors of the MBTA to attend the third meeting of the Outer 65 (suburban)
invitation Communities Consumer Panel on Thursday evening, March 20 at the Scudder, Stevens
& Clark Co., 175 Federat St., Boston.
Mr. Crain stated that he felt that a representative should be one who
frequents the MBTA and he was unaware that people locally were having problems.
He suggested to "leave it where it is". Mrs. Battin stated that there was a
broad based cooalition being formed to improve the MBTA and that she would
keep the Board informed regarding it. The Board agreed.
Amendment
Ch. 268A
Conflict
of In-
terest
The Chairman referred the Board to its copies of a report from the State
Ethics Commission relative to the Amendment to Chapter 268A, the Commonwealth's
Conflict of Interest Statute.
Mrs. Battin informed the Board that the bill had been passed and signed
by the Governor, therefore, there was nothing that the Board could do now.
1
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Selectmen's Meeting March 10, 1980
The Manager referred the Board to its copies of the Town Engineer's re- Sewer
port on the Rockville Avenue sewer easement. Mr. Hanlon reported that he Easement
had met with Mr. Anthony Busa regarding a piece of property between Rockville Busa
Avenue and Philip Road, owned by Anthony C. & Beatrice E. Busa to discuss
the Rockville Avenue sewer, currently under contract, as well as the proposed
acceptance of Rockville Avenue, in an effort to determine how to proceed
relative to this piece of land. Town Counsel prepared a draft agreement for
Mr. Busa's review giving the Town rights to construct and maintain the sewer
until the land was taken by eminent domain as part of the street acceptance
process. After reviewing the draft agreement, Mr. Busa stated he wished to
negotiate both the sewer and street matters as one. It As Mr. HanlQn_'s:
feeling this could not be done• at this time __. He, therefore, in order to
insure smooth progress on the existing contract, requested a sewer easement
be taken and requested the Board vote :the intent to take the easement.
Upon motion duly made and seconded, it was voted the intent to take -the
sewer easement across a; piece of property between Rockville Avenue and Philip
Road owned by Anthony C. & Beatrice E. Busa.
The Manager referred the Board to the recommendation of the Building Red
Commissioner to tear down the Red Cross Building because of the unsound con- Cross
dition of the building. Ms. Sara Chase of the Historical Commission ex- Building
pressed the feelings of the members of the Historical Society, the Historic
Districts Commission and the Historical Commission that the building must not
be torn down. The building dates from the early 19th century and is listed
on the National Register of Historic Places and is an important component of
the setting of the Battle Green. She requested the Selectmen to allow ample
time for a creative solution to the problem. The Chairman statedd-that it .was
her hope that perhaps some interested groups mightbe able: to- get. together
and raise some.funds_and save the building and restore it. The Board assured
Ms. Chase that the building would not be taken down until the situation had
been thoroughly investigated and requested an estimate of the cost to re-
store it.
The Manager requested Board approval of bond in the amount of $50,000 Town
for his position as Manager, cost of $140.00 provided in the Town Manager's Manager
budget. Bond
Upon motion duly made and seconded, it was voted to approve the bond
for the Town Manager in the amount of $50,000.
The Manager requested the Board's authorization for the Historical Com- Historica]
mission to proceed on a program in cooperation with the Massachusetts His- Comm.
torical Commission for completing the inventory and preservation plan of the B. U.
structures over 50 years of age in Lexington. Ms. Chase informed the Board
that Boston University's graduate program in Historic Preservation Studies
will offer a preservation planning field study course next year and the His-
torical Commission feels that the program would stbstantially meet its needs.
Boston University has indicated that Lexington could be considered as a po-
tential site. The cost of the program is under $2,000 and would be supported
Via the Historical Commission
Upon motion duly made and seconded, it was voted to authorize the His-
torical Commission to proceed on a program in cooperation with Boston Uni-
versity's graduate program in Historic Preservation Studies.
•
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Selectmen's Meeting March 10, 1980
Budget The Manager requested approval of an increase of $100,000, due to in -
Increases creased energy costs, in Road Machinery, Street Lights, Building Mainten-
ance, Fire and Police budgets.
Upon motion duly made and seconded, it was voted to increase the follow-
ing budgets subject to Appropriation Committee approval:
#5450 - Road Machinery increase $40,000 to $278,700
#5600 - Street Lights increase $30,000 to $280,000
#5250 - Building Maintenance increase $20,000 to $222,945
#4150 - Fire increase $5,000 to $98,900
#3800 - Police increase $5,000 to $160,425
Wilson Rd. The Board discussed the possibility of putting sidewalks on Wilson Road
sidewalk and Roosevelt Road and the installation of a barrier at the Hastings School
entrance from Roosevelt Road and Wilson Road. Mr. Kent aid this was resented as
a very serious problem for children traveling to school. Mrs. Battin agreed
and suggested that the matter be tabled for a future meeting when the School
Committee and other interested parties could attend.
Upon motion duly made and seconded, it was voted to table the matter of
the construction of a sidewalk on Wilson Road for a future meeting.
Contract The Manager requested Board authorization of an additional $1,195.55 on
#80-3-E Contract480-3-E Cold Planing and Resurfacing awarded to Sarao Bros. Inc.
Sarao Bros.He informed the Board that favorable prices made it possible to add the
following streets to those originally included in the contract:
Winter Street - 800 linear feet leveling and top
Concord Avenue - 1100 linear feet top to Belmont line
Bedford Street - 300 linear feet top at jug handle to Hartwell Avenue
Upon motion duly made and seconded, it was voted to approve an additional
$1,195.55 on Contract #80-3-E Cold Planing and Resurfacing awarded to Sarao
Bros. Inc.
CATV The Chairman read a request from William R. Page, Chairman of the CATV
Appt. Committee to appoint Dr. Alan Frohman to the Committee to fill the vacancy
created by the resignation of Dr. Peter Shapiro. -
Upon motion duly made and seconded, it was voted to appoint Dr. Alan
Frohman, 12 Todd Road, Lexington to the Cable Television Committee.
Munroe The Board met with the Council on Aging and the Senior Center Site Com -
School mittee to discuss the possibility of the Selectmen recommending to Town Meet -
Senior ing the use of Munroe School as a senior center.
Center Mr. William Sen, Chairman of the Council on Aging presented each Board
Member with a detailed report of the seniors' activities, and the need for
enlarged quarters in order to consolidate the multiple activities of the
senior citizens and also to enable expansion of some of the programs. The
Board agreed that there was a real need for a senior center.
Mr. Smith, of the School Sites Conversion Committee felt that some money
could be spent on Munroe School now and renovate it for use as a senior cen-
ter and start the Council on Aging on the road they want to go and the Town
would have a viable building instead of an old school. He felt that the de-
cision should be made now as the possibility of use of Muzzey Junior High
would cause a delay of five or six years.
1
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Selectmen's Meeting March 10, 1980
Mr. Zabin, former Planning Board Member, pointed out to the Board that
Munroe School is the only school that is being closed that is not suitable
for use for housing. He felt that Muzzey and Adams are likely candidates
for conversion to housing. His feeling was that if the Board deferred a
decision on Munroe for the purpose of seeing what could be done with Muzzey
the Board would have to consider competing uses for Muzzey and Adams that
they don't have for Munroe. He felt that of the three, Munroe is the best
suided and if a decision is delayed the cost would obviously increase.
Mrs. Battin pointed out that expansion of the senior center use of Mun-
roe would be possible, if necessary, by taking over more of the rooms and
tenants would have to leave. This would make it possible to have congregate
meals in several rooms, which was one of the question brought up at a pre-
vious meeting. The Manager felt that kitchen facilities and serving of meals
should be on one floor. Mrs. Battin said that she was trying to figure out
if Munroe would be suitable for the next ten or twenty years by shifting
different facilities around within the building.
Mr. Crain felt that there was insufficient information to make such a
determination. He also stated that if the Board, working with the School
Committee, could have the last year before closing as a time for planning
in anticipation of its final closing, it would give the Board more time to
formulate a decision as to its use.
The subject of congregate living was discussed and Mr. Crain felt that
Muzzey would provide enough space for housing and senior citizen facilities
in one building and he felt that they are not mutually exclusive.
One member of the audience addressed the Board and said that this was
tried in Brighton and proven to be unsuccessful due to numerious thefts and
other inconveniences to those living there. As a result, the congregate
living site was closed down.
Mr. Crain stated that he was not convinced that Munroe was the place
for the Senior Center. He felt that more explanations and information rela-
tive to what the programs are and their growth potential is needed before
a decision is made.
Mr. Hutchinson informed the Board that he had inquired of the architect
what the architectural cost would be and said he did not have the exact
figures with him but it would be approximately $35,000. He pointed out that
the use of Muzzey must be addressed by the Board as it seems it will be
closed soon. He suggested that he work with the architects and perhaps it
might be done as a component of the study. He suggested that he should go
back and talk with some of the firms and find out what it would be to look
at the plans that were mentioned for Munroe, following the traditional Town
Meeting process, and what can be done looking at a facility like Muzzey, in
particular, to get a study similar to what was done on Munroe. He felt that
those two schools are the only two that would be viable for such a purpose.
Mr. Kent pointed out that he felt that what was important about the
appropriation of enough money to do a very substantial study represents a
Town Meeting commitment to the process. He felt that if the Board simply
set up a committee to do further study without this kind of financial support it
would be ineffective. He said he would like to see the community, as soon
as possible, commit itself to something, the need for which, is no longer
in doubt.
I9!
rye
- 6 -
Selectmen's Meeting March 10, 1980
During discussion, it was brought out that the study should include
expansion possibilities, clearly defined activities and functions that are
to occur and the inclusion of the Council on Aging and other interested
advocacy groups for input into the report as well as those that would be
using the facility.
Mr. Hutchinson is to report to the Board next Monday with a defini-
tive proposal from architectural firms.
Kendall Rd. The Board met with Mr. & Mrs. Camac regarding the construction of the
Sidewalk sidewalk on Kendall Road. The Chairman briefed the Board relative to the
sequence of events regarding the sidewalk. When Kendall Road was brought
up originally, it was for street construction and possible sidewalk con-
struction. The Camac's, through oversight, were not notified regarding the
administrative hearing on the street construction. They were disturbed be-
cause their house was the only one that would have a sidewalk in front of it
and they would prefer not to have this. It was explained to them that there
was a partial sidewalk on Kendall Road on this side and it was decided to
extend it. The Camac's were informed that they could take the issue before
Town Meeting, which they decided to do.
Solid Waste Mr. Reilly, Chairman of the Solid Waste Committee met with the Board to
discuss the Committee's comprehensive report of the summary of alternatives
of collection and disposal of solid waste and recyclable materials. Mr.
Reilly explained the different alternatives and pointed out,that on a three
year contract there would be a 12% escalation allowance; if the proposal of
BFI was accepted, This would cost the town $510,000 for the first year,
$530,000 for the second and $550,000 for the third.
The Board agreed to accept the Manager's recommendation to accept the
recommendation of the Solid Waste Advisory Committee to accept the bid
of Browning-Ferris Industries, Inc..
Upon motion duly made and seconded, it was vited to accept the three
year bid of Browning-Ferris Industries, Inc. .for townwide collection of
trash with out-of-town disposal at $510,000 for the first year, $530,000
for the second and $550,000 for the third.
Mystic Valley The Board met with the Human Services Committee to discuss the report
Mental Health requested by the Selectmen regarding monies requested from the Town for
1981 from the Central Middlesex Association for Retarded Citizens, Inc.
(CMARC), The Mystic Valley Mental Health Association and RePlace.
The Chairman of the Committee, Mrs. Perez, and Mrs. Pressman felt that
the answers to questions that had been submitted to Mystic Valley were
inadequate and the Committee felt that there was insufficient data for
it to make an informed judgment. They stated that there were internal
control weaknesses that should be corrected.
Mrs. Battin questioned if the Board decided to fund at all, could
the funds be withheld until this area was corrected.
The Manager stated that this could be done only if there is a question
about the level of care and the quality of services. He also pointed
out that the Board must make a recommendation to Town Meeting. He stated
that all the reports he has received indicated a high level of service
and that they have received a substantial amount of data, but they do have
problems. He felt that there is a certain high level of service coming
to the community but no overall composite tied to any goals of the town.
Mrs. Battin asked the Manager if the item could be deleted from Town
1
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Selectmen's Meeting March 10, 1980
Meeting until other towns involved in Mystic Valley could be consulted to
see if a common problem existed.
The Manager felt it more appropriate, rather than to delay the ap-
propriation, to sustain a certain level of support and if Town Meeting
wished to, it could set it back.
Mr. Crain asked if it would be practical for the Human Services Com-
mittee to define the kind of data that would be required in order that
level funding for Mystic Valley is appropriate. He felt that Town Meet-
ing could be asked to provide level funding this year with requirements
of a certain level of data if the Town is to continue to provide funds in
subsequent fiscal years.
Upon motion duly made and seconded, it was voted to provide level
funding for the Mystic Valley Mental Health Associaton for the Fiscal
Year 1981.
The Manager informed the Board that he had recommended a 10% in-
crease for RePlace as against their request for 20%. He informed the Board
that his office was not geared to give clerical help as requested by Re -
Place.
Upon motion duly made and seconded, it was voted to provide an increase
of 10% for RePlace a total of $30,488 made up of $27,717 for RePlace, $6,600
for Mr. McManus' salary and $300.00 for the Hot Line.
The Committee recommended level funding for CEMARC. The Manager had CMARC
not carried CEMARC in the budget and recommended no funding.
Mrs. Battin felt that any funding should be tied into a salaried
position that would help to alleviate some of the problems that CEMARC is
experiencing.
Mr. Crain stated that he would approve funding with the specific in-
dication that the funds would be used for this purpose.
Upon motion duly. made and seconded, it was voted that the sum of
$5,000 be appropriated to be expended by the Board of Health under G.L.
c40x5 (40C) and a contract be entered into with Central Middlesex Associa-
tion for Retarded Citizens, Inc. (CMARC), which contract shall provide
that the funds from the Town shall be earmarked toward a contract pro-
curement salaried position for CMARC.
193
RePlace
The Chairman informed the Board that there was nothing set aside in Mosquitos
the budget for mosquito control. She asked if the Board would be willing
to set aside some money for this at this time to be used at the discretion
of the Selectmen. The Board agreed.
Upon motion duly made and seconded, it was voted to appropriate
$9,000 for mosquito control to be .used at the discretion of the Board of
Selectmen.
Mr. Cohen asked what date the Selectmen would be assuming responsi- Adams
bility for Adams School. He was advised that the motion for Town Meeting School
should read September 1, 1980.
BAPERN
NESWC
Executive
Session
- 8 -
The Board discussed the purchase of a new police two-way
(Boston Area Police Emergency Radio Network). It was decided
$125,000 for this purchase.
Upon motion duly made and seconded it was voted 3-1, Mrs.
Mr. Crain in the affirmative and Mrs. Battin in the negative,
$125,000 for the purchase of a new two-way radio system.
The Manager asked the opinion of the Board regarding Article 29 of
the Warrant, to contract with the Northeast Solid Waste Council for the
disposal of solid waste. After a brief discussion, the Board agreed to sup-
port the article.
Upon motion duly made and seconded, it was voted to support Article 29
of the Warrant, authorizing the Selectmen to contract with the Northeast
Solid Waste Council for the disposal of solid waste.
Upon motion duly made and seconded, it was voted 4-0 by roll call vote
to go into Executive Session for the puspose of discussing strategy with
respect to a, matter:of.litigation:,aid a matter of Year estate transfer with
no intention of.resuming:_open-session.
system.
to appropriate
Miley, Mr. Kent,
to appropriate
A true record, attest:
Beatrice M. Casey
Principal Clerk, Selectmen
1
1
(15
SELECTMEN'S MEETING
MARCH 17, 1980
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, March 17, 1980 at 7:00 p.m.
Chairman Miley, Mr. Buse, Mr. Kent and Mr. Crain; Mr. Hutchinson, Town
Manager; Mrs. Banks, Assistant to the Town Manager; Mrs. McCurdy, Executive
Clerk, were present. Mrs. Battin was absent.
Chairman Miley read a request from the New England Telephone Company. Conduit
Uponmotion duly made -and seconded, it was voted to approve the loca- Powers
tion tion of existing.conduit and manholes in Powers Court, formerly a Court
private way and now an accepted street in the Town of Lexington:
Powers Court, from existing pole 10/15 located on the southwesterly
corner of Powers Court at Paul Revere Road, sweeping easterly to
the east side approximately 124+ feet to new handhole #1, thence
southerly 134+ feet to new handhole #2, thence westerly 105+ feet
to a deadend on private property; also from new handhole #1
westerly 51+ feet to a deadend on private property, approximately
414+ feet of conduit and two handholes.
The Board acted on the following agenda items:
Upon motion duly made and seconded, it was voted to approve the re- Water
quest of Mr. Warren Empey, Acting Director of Public Works, to abate the Abatements
following water bills: Luis Adrover, 22 Outlook Drive, $49.95 -meter
changed and corrected bill sent. Federal Investment Trust, 1632 Mass.
Avenue, $79.20; Edwin Cranston, 4 Westwood Road, $49.05; John McAvoy,
117 Burlington Street, $139.05; Louis Fuoco, 18 Hilltop Avenue, $90.00;
Francis Cote, 6 Bennett Avenue, $79.65; James Collins, 195 Follen Road,
$45.00; Incorrect readings and adjusted bills sent.
Upon motion duly made and seconded, it was voted to sign 1 -Day 1 -Day
liquor licenses for W. R: Grace retirement parties on March 18 and Liquor
April 24, 1980.
Upon motion duly made and seconded, it was voted to renew the 1980
Common Carrier license of John E. Osborn d.b.a. Colonial Tours, Common
44 Riverdale Road, Concord, to conduct bus tours of the Lexington Carrier
Green, Hancock Clarke House, Buckman Tavern, no admission to License
historic houses.
Upon motion duly made and seconded, it was voted to designate Middlesex
Mrs. Nancy H. Banks, Assistant to the Town Manager, to serve as County Adv.
our representative at the meeting of the Middlesex County Advisory Bd. Meeting
Board on Wednesday, March 19, 1980, and to vote as necessary on
behalf of the Lexington Board of Selectmen.
LWV -
Town
Meeting
Greek
Church
Road
Race
Hastings
Park
Band
Concert
Hancock St.
Bike
Paths
Hayes
Lane
Easement
Articles
3, 5, 7
Selectmen's Meeting
-2- March 17, 1980
Upon motion duly made and seconded, it was voted to approve the
request of the League of Women Voters to set up a table in the lobby
of Cary Hall to sell L.W.V. publications before and during Town Meeting.
The Board acted on the following items on the Manager's agenda:
Upon motion duly made and seconded, it was voted to approve the
request of the Greek Orthodox Church of Cambridge to conduct their
annual l0 -mile race on Sunday, March 23, 1980, subject to coordina-
tion with Police, Fire,and Public Works Departments.
Upon motion duly made and seconded, it was voted to approve a
change in date from March 23 to April 13, 1980 for the American Cancer
Society mini -marathon, subject to coordination with Police, Fire, and
Public Works Departments.
Upon motion duly made and seconded, it was voted to approve the
request of Mr. Donald Gillespie for a Lexington High School Band
Concert at the Hastings Park bandstand on Sunday, May 25, 1980, from
3:00 to 4:30 p.m.
Upon motion duly made and seconded, it was voted to authorize
Chairman Miley to sign the contract between the Town of Lexington
and A. R. Belli, Inc. and A. R. Equip. Corp., joint venturers, for
the reconstruction of a section of Hancock Street, subject to the
approval of Town Counsel. Authorization is contained in Article 23
of 1977, Article 26 of 1976, Article 26 of 1975, and Article 25 of
1974.
Mr- .Hutchinson:J.recothmended that the Baard.execute the agreement
with the State DPW for the construction of a bike path. He said that
we are prepared to implement the program under the grant from the state.
Upon motion duly made and seconded, it was voted to execute th'e
agreement between the Town of Lexington and the Commonwealth of Mass.
through its Department of Public Works for the construction of a Bikeway
in various locations in the Town of Lexington.
Mr. Hutchinson recommended that the Board vote the intent to take
an easement on Hayes Lane in connection with the bike path. Mr. Kent
asked if this is an easement over abutters' land? Mr. Hutchinson re-
plied that it is but there appears to be no objection according to the
Engineering Division, and-we,have an:opihion'of damages that -there are
no damages. Mr. Cohen added that it is on an unaccepted street. *
Mr. Hutchinson recommended that Articles 3 and 7, dealing with sup-
plemental appropriations, and Article 5, dealing with the collective
bargaining process, be postponed until after Article 49, which is
effectively the last article in the area of financial matters other
than the cap override. We will have the data for you on anticipated
supplemental appropriations. Articles 3 and 7 will basically be geared
to the energy problem, and we would hope that by the time we get to
Article 49 that we, may have a Police agreement or not.
* Upon motion duly made and seconded, the Board voted an intent to
take an easement on Hayes Lane in connection with the proposed bike path.
Selectmen's Meeting
- 3 - March 17, 1980
/97
Mr. Hutchinson proposed that Accounts 3770 and 3800, collective Town
bargaining payroll and expenses in the Police Department, and 4900, Meeting
5800 and 5850, because of Article 27 -Solid Waste Collection, be
divided from Article 4 and brought up after Article 49 -Release
Balance of'Bond Authorization. Chairman Miley said that she would
make the motion at Town Meeting to divide the accounts from Article 4
and under Article 2 an explanation will be given about Articles 3, 5,
and 7.
Mr. Hutchinson informed the Board that bids on the Cemetery build- Cemetery
ing were received and were more than double the estimates. The low bid Building
was $92,929 and we have $42,000 appropriated for the work on the building; Bids
We have the problem of escalation, and there is a $16,000 escalation
factor; the underpinning of the existing structure was something that
the contractors had problems with that we didn't anticipate, and
estimates went up to $22,000; complete new electric service, which
we did not anticipate, was estimated for $7,000; supervision for over-
head and profit was $6,000 higher; labor has escalated 40 percent;
concrete 70 percent;. copper wiring 40 percent. He recommended, (1) to
reject the bids this evening; (2) to discuss it further: at a subsequent
meeting.
Mr. Busa moved to reject the bids. Questions were raised by the
Board and Mr. Hutchinson said that he would like to bring in some of
our technical people to discuss what might be done.
Upon motion duly made and seconded, it was voted to table the matter
of the rejection of the bids on the Cemetery building.
The Board agreed to discuss LEXPRESS and the Hammer Kiefer and Todd
$38,.00._.proposal for the Munroe School at the next meeting on Wednesday
evening.
Upon motion duly made and seconded, it was voted to adjourn at 7:30 p.m.
A true record, Attest:
4/>/c-ie7
Executive Clerk, Selectmen
� A .
SELECTMEN'S MEETING
MARCH 19, 1980
A meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room,Town Office Building, on Wednesday, March 19, 1980, at
7:00 p.m. Chairman Miley, Mr. Busa, Mrs. Battin, Mr. Kent, Mr. Crain;
Mr. Hutchinson, Town Manager; Mr. Cohen, Town Manager; Mrs. McCurdy,
Executive Clerk, were present.
LEXPRESS The Transportation Advisory Committee met with the Board to discuss
Bus Bid LEXPRESS. Mr. Hutchinson said that only one bid was received on Friday.
The contractor has proposed $16.17 an hour, which•is within the guide-
lines the Transportation Committee had anticipated. However, his bid
proposed for an escalated provision that would allow the base price to
increase 1 percent and based upon every 2 cents per gallon increase, it
would mean an estimate as high as 17 cents for every 2 cents of in-
crease, in gas. The base would have been for the bidding date. He had
met with the contractor this morning and had pointed out that this
would put us substantially in excess of what was estimated, and we
were not .too sure at that time what the price of gas was going to be.
To handle current services would cost in excess of $300,000. The
contractor said that he could go to 3 cents for every 1 percent in-
crease, so there is an important increase in the cost of operating
vehicles, parts, etc. being charged to the cost of gasoline. Mr.
Hutchinson was not sure that he fully concurs with that but is trying
to fltid out what options are available. What it really means in the
worst case scenario is, it would be $179,440 exclusive of the anticipated
subsidy from the "T" -of $42,000 or $221,440 for total, including $5,000
for the chair car would be $226,440. Mr.. Hutchinson recommended that he
and.: a representative -of the Transportation Advisory Committee meet with
the contractor for further refinement of the numbers. It may be possible
to take it up after Article 49; we may be ready by Monday for a report
and have it in place by Wednesday.
Upon motion duly made and seconded, it was voted to approve the
Manager's suggestion to recommend to Town Meeting that Article 32-LEXPRESS
be_takenup after Article 494'
Munroe Mr. Hutchinson discussed the Hammer Kiefer and Todd, Inc. estimate of
School $38,500 on the Munroe School conversion; $4,500, for programming, which is
tied to looking at the existing need and the proposed need for the office
plan; $30,000 to prepare plans and specifications, assuming that the need
is identified for the building; $4,000 for cost estimates for architectural
and engineering fees for going out for a detailed estimate based upon specific
finite plans rather than a preliminary estimate for which we have already
paid $2,000. If that were the scenario, it gives you the opportunity to
move on the project and at the next Town Meeting, or earlier, on the design.
1
1
Selectmen's Meeting
- 2 - March 19, 1980
You could just address the needs question and if it identified, then
you are in a situation where at a subsequent Town Meeting you can ask
for detailed plans, the specifications, and the availability to go out
to bid. Mra.-Kent :said that there ,is a :middle ground and there is a cer-
tain difficulty in going beyond the needs all the way to plans and
specifications. Those plans would have to be related to a particular
place, and at the moment that is the Munroe School, and that amount of
money would seem to import a decision having been made if we were going
to go forward at the Munroe School. He would like to seek enough money
to.:obtain.the needs`asseasnient and to have professional judgment as to
the suitability, strength and weaknesses of Munroe. Mrs. Battin agreed
and recommended that a needs assessment of Muzzey Junior High School
might also be done. It was her understanding that the current program
expansion needs presumably might be met at the Church of Our Redeemer,
but we should have a needs assessment in terms of projected needs for
program requirement. Chairman Miley said that we should put into focus
the fact that was brought up by many people at the information meeting
and on the bus that there was a grave concern that we should not commit
ourselves to "a" building when another one is coming along and that we
should do our best to get a dialogue going again with the School Committee
to see what can be done with the buildings as they are coming down the line.
Their feeling was that there might possibly be a portion of Muzzey for the
youth of the town, with another portion to be used for something else. For
us to talk with the School Committee to allow us to really look at Muzzey
from a point of view of measuring and whatever had to be done; in other
words, not just lock the door and hand us the key. Mrs. Battin added that
it was her understanding from the information meeting that not only did
Town Meeting want a full assessment of the needs, both now and projected,
but they also wanted the knowledge that Munroe was the best of the soon-
to-be available sites. What we are saying is we are getting professional
judgment ofnlazey at the same time, so that we have two options to be look-
ing at when we go back to Town Meeting. Mr. Crain thought that professional
judgment could certainly pass some floor plans at Muzzey when they quickly
look at Munroe. He had no problem with the suggestion, with one proviso
that before we spend anything on a needs assessment that we see what kind
of free help is available from the state, universities, and anyone else.
Mr. Buse asked how broad the needs assessment is to be, and if it is to
see what is needed for the elderly? Mr. Hutchinson said that the assess- .
ment would be for the needs of the senior citizens of the town, and the
assessment will be a combination of volunteer and
professional services. Mr. Busa said that if:we find out the needs are not
of such a substantial nature to warrant that size of construction, he could
not see why we want to look into Munroe and Muzzey. He did not see the crunch
or the explosive need in the next year or two when we have facilities available
to us at the Church and some of the other services that can be afforded to the
senior citizens where everything is in place. He would not like to rush into
it and find we had a white elephant. Mr. Kent said that we are not rushing
into anything. We ought to proceed apace to determine the suitability of
Munroe and Muzzey to serve this particular function, and we ought to assess
those needs. If a preliminary study indicated the suitability of Munroe
then he would like to see the Board in a position of whether it wants to
go forward or not. Mr. Hutchinson recommended that $7,500 be requested:
Selectmen's Meeting - 3 - March 19, 1980
Munroe/ Upon motion duly made and seconded, it was voted 4-0U:to-request under
Muzzey Article 33 that the sum of $7,500 be appropriated for a needs assess -
Needs ment for. a senior citizens center and the determination of the suitabil-
Assess- ity of Munroe School and Muzzey Junior High School for such a facility.
ment Mr. Busa abstained.
Mr. Kent said that it is his understanding that the Council on Aging
can be taken care of to a greater extent than they are currently by the
acquisition of some additional facilities, at least on a part-time basis,
and in that event or perhaps without it, there may be some upward adjust-
ment of our contribution to the Church of Our Redeemer necessary to
achieve that goal. How are we going to handle that?. Mr. Hutchinson
said that there is the possibility of going to the public trust fund.
Rendall Rd. Mr. Hutchinson informed the Board that the neighbors on Kendall Road
Sidewalk had changed their minds and did not want a sidewalk at all. He had talked
with the School Department and they support the idea of putting sidewalks
in. The Board was in favor of including sidewalks with street construction.
Discussion was held on the possibility of putting sidewalk on the other side
of the street where all the houses are, at an estimated cost of $14,000.
Mr. Hutchinson said that this would cost more than the proposed..$9,100..and:
doesn't tie into another sidewalk. Chairman Miley said that she had sug-
gested before to continue thesidewalk as we had planned by adding the
section of Worthen Road headed toward Waltham Street where there is no
sidewalk, and this would tie in and complete the sidewalk. Mr. Kent felt
that it was unwise for the Board to be redesigning sidewalk designs at
Town Meeting, but if there is sentiment .on the floor of Town Meeting for
$4,000 more to go around the corner.... He didn't approve of the Board
amending upwards its own proposal at Town Meeting. The Board agreed.
Wilson Rd. Mr. Hutchinson said that if the Board chooses to put in sidewalks on
Sidewalk Wilson Road, the motion under Article 22 -Construction of Sidewalks would
have to be amended for another $45,500. The Board agreed not to recom-
mend a sidewalk on Wilson Road. However, it was agreed that a safety
factor exists and the Manager was instructed to inform the Police De-
partment to have very systematic coverage of the area during the hours
in which children are going to and from the school; to pursue the matter
of the installation of a chain across the entrance to the Hastings School
on Roosevelt Road;. the installation of signs for No. Left Turns from Marrett
Road onto Wilson Road between 7:00 a.m. and 9:00 a.m.
Upon motion duly made and seconded, it was voted to adjourn at 8:00 p.m.
A true record, Attest:
:227 ,
Executive Clerk, Selec en
1
1
1
SELECTMEN'S MEETING
MARCH 24, 1980
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, March 24, 1980 at 7:00 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 -read a petition from the New England Telephone Company J/0 Poles
and Boston Edison Company requesting that five existing poles in North
Street, now totally owned by Boston Edison Company, become jointly owned.
A report from Mr. Empey, Acting DPW Director, recommended approval as
this will give the New England Telephone Company permission to occupy
these existing poles together with Boston Edison Company.
Upon motion duly made and seconded, it was voted to approve the
petition for joint ownership of poles by the New:England Telephone
Company and the Boston Edison Company in North Street on the southerly
side, approximately 207+ feet west of Lowell Street, five poles #178/10,
11, 12, 13, and 14; also on the northerly side approximately 353+ feet
west of Lowell Street one stub pole #178/118.
The Board discussed
the position of Director
and stated in his letter
Rev. Handley's illnesses
Handley did greet groups
The Board agreed to take
March 31.
briefly a letter from Mr. Richard John regarding Guides
of Guides. Mr. John is a student at Harvard
that he had been Acting Director during one of
in 1977. Chairman Miley pointed out that Rev.
throughout the year, not only during the summer.
the matter under advisement until the meeting of
Upon motion duly made and seconded, it was voted to'approve the
minutes of November 19, 1979.aa•amended; November 26, 1979; January 14,
1980.
Chairman Miley read a request from the Lexington Bicentennial Band
for summer concerts in the new bandstand at Hastings Park.
Upon motion duly made and seconded, it was voted to approve the re-
quest of the Lexington Bicentennial Band to conduct summerconcerts in
the bandstand at Hastings Park from 7:00 p.m. to 9:00 p.m on Tuesdays,
May 6 through June. 24; Thursdays, July 10 through. August 28; Sundays
from 1:00 p.m. to 5:00 p.m. on September 7, 14,.and 21, subject to co-'
ordination;by the Manager's office.
The Board agreed that an administrative mechanismof the scheduling
of the bandstand is to be set by the Manager's offide and all requests
are to be handled by the Manager.
Chairman Miley read a request from Mr. Warren Empey, Acting DPW
Director, to abate a water bill.
Upon motion duly made and seconded, it was -voted 4-0 to abate a
water bill of Vinebrook Corporation, 1700 Massachusetts Avenue, in the
amount of $22.50; account closed, billed in error. Mr. Busa abstained
because of a conflict of interest.
Minutes
Summer
Band
Concerts
Water
Abatement
Girl
Scouts/
Cary
Hall
Tax
Policy
Com.
E & D
Article
EOCD
Agreement -
Housing &
Self Help
Funding
Woo db erry
Road
Sewer
Connection
Selectmen's Meeting - 2 - March 24.,-1980
Chairman Miley read a request from the Girl Scouts.
Upon motion duly made and seconded, it was voted to approve the
request of the Girl Scouts of Lexington to sell cookies in the lobby
of Cary Hall before three sessions of Town Meeting.
Mr. Kent pointed out that the By -Laws state that arrangements for
the Town Meeting are made by the Moderator.
Mr. Hutchinson informed the Board that he would like to defer his
recommendations on the appointments to the Tax Policy Committee; he is
still talking with potential candidates and will come back to the Board.
Mr. Hutchinson said that he hadtalked with Mr. Perry, Comptroller,
and Mr. Zehner, Treasurer, about E & D. Mr. Zehner has some concerns,
as we all have, about what is going on with inflation, not only this
year but in future years, and his recommendation would be, effectively
to commit $750,000 vs. $1 million in order to have a larger warchest
for next year. Right now, our estimates are that we will probably have
E & D of the magnitude of this year for next year. It is a matter of
concern but in looking at the matter oftsxtability this year and in look-
ing at some of the, variables that we have out there, Mr. Hutchinson saw
nothing at this point in time to change his recommendation of $750,000.
We have to remember that we have no idea of what we. are going to get for
an assessment from the MBTA, County assessment for this year, and no
idea of what the revenue assessment is going to.be on the cherry sheet.
We are trying to find a balance of how much you want in reserve and how
much you want to use to offset the rate because we are using it as a
tax stabilization fund as a proper item. We could ask Mr. Zehner in
to talk about it further. The Manager and the Comptroller still feel
that $750,000 is a legitimate figure.
Mr. Hutchinson recommended that the Board execute the Memorandum
of Agreement between the Executive Office of Communities and Development
and the Town, and he will send a letter to them indicatingr..that they had
predicated their position on erroneous data. The -Board cautioned Mr.
Hutchinson about. taking too strong a position in writing.
Upon nation duly made and seconded, it was voted to sign the
Memorandum of Agreement with the Executive Office of Communities and
Development and the Town of Lexington Concerning Housing Growth and
Self -Help Funding.
Mr. Kent is to talk with Mr. Zabin about his concerns before the
document is released.
Mr. Hutchinson recommended that 10 Woodberry Road, owned by John
and Anne White, be connected into'the town's sewer system.
Upon motion duly made and seconded, it was voted to approve the
recommendation of the Town Manager that the property at 10 Woodberry
Road owned by John and Anne White be connected to the town's sewer
system.
1
Selectmen`s Meeting
- 3 - March 24, 1980
The Board acted on the following items on the Manager's agenda:
Upon motion duly made and seconded, it was voted to approve the re-
quest of Symmes Hospital to conduct its second annual "Run for Symmes"
road races on Sunday, April 13, with a rain date of April 27, 1980.
Upon motion duly made and seconded, it was voted to adopt the
guidelines for Patriot's Day permits; the normal Rules and Regulations
for Hawkers and Peddlers for the Town of Lexington apply except where
specifically changed by these guidelines.
Mr. Hutchinson said
the Amherst Street sewer.
Engineer recommends that
present time, it appears
that he has filed a report with the Board on
Because of problems in the area, the Town
it be added to this year's project and, at the
that work could be started in the fall.
Mr. Cohen requested the Board to sign a deed conveying a tax title
lot to'-Ms..Laura L. Persily, as voted by the Board on November 19, 1979.
Upon motion duly made and seconded, it was, voted to execute the deed
conveying Lot 128 Sunset Street, which is also shown on Lexington Assessors'
Property Map 59 as Lot 18, to Laura L. Persily, 19 Haywood Avenue, in the
amount of $300.00.
Mr. Cohen requested the Board to sign a conservation easement, as
part of the Cambridge Farm:;. Subdivision, given,by Leon, Robert and
Richard Burke.
Upon motion duly made and seconded, it was voted to sign the Con-
servation easement given by Leon, Robert and Richard Burke, .for the
Cambridge Farm Realty Trust subdivision.
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 litigation,
with no intention of resuming the open meeting.
Upon motion duly made and seconded, it was voted to adjourn at
7:55 p.m.
A true record, Attest:
�-�•G
xecutive Clerk, Selectmen
Road
Race
Patriot's
Day
Vendors'
Permits
Amherst St.
Sewer
Project
Tax Title
Sale -
Persily
Conservation
Easement
Executive
Session
SELECTMEN'S MEETING
MARCH 26, 1980
A meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Wednesday, March 26, 1980, at
7:00 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.
App.Com. The Appropriation Committee, the Capital Expenditures Committee, and
Cap.Ex- Mr. Zehner, Town Treasurer, met with the Board.
penditures Mr. Zehner recommended that $750,000 be committed to E & D. We have
Committees been erratic and diverse in our actions in the past on free cash, fre-
quently to our regret. In 1975, we had,$1,617,000 and we appropriated
89 percent of that; that involved an unexpected windfall from Chapter
766 and the next year we were cut back and had to refund $566,000; in
1976, we had no free cash and no available funds; in 1977, we had
$277,000 in free cash and available funds and appropriated $261,000
or 95 percent; in 1978, we did better with $1,317,000 and appropriated
$750,000. We have $1,112,000 and we are cutting back to $750,000. We
should be thinking about laying money aside to take care of the uneven-
ness of the availability of the free cash to fill in the valleys and
trim down the hills.
Mr. White, Chairman of the Appropriation Committee, said that the
committee originally went along with $1 million as we would like to keep
the tax rate at a minimal increase. The future appears to be uncertain
and is getting more uncertain by the hour. Mr. Zehner's recommendation
should be taken seriously and our committee has approved $750,000.
Mr. Hutchinson recommended that the Board approve $750,000.
E & D Upon motion duly made and seconded, it was voted to approve the
Vote recommendation of the Town Manager to commit $750,000 to E & D.
Art.33 Mr. White discussed Article 33 -Human Services Center and said that
Hum.Serv. the committee's concern is on what is the need and what are we getting
Center for the money? The numbers range from $7,500 for preliminary plans
to onward and upward to doing various things. Not that we don't see
the need for a human services center but the question we are trying to
deal with from a financial standpoint is, what do we get for $7,500?
Chairman Miley said that we would search to find out if there is
a need. Mrs. Battin said that we really have to get a handle on the
need in terms of figures both for existing programs and the projected
need. We need professional help in helping us devise a questionnaire
and in deciding how to get the information; whether we survey all the
seniors, whether we sample it, and how to analyze all the data. We
have to get a needs assessment that is really valid and that we then
plan for. If it turns out there is no need, that we are completely
wrong, no one plans to go ahead if there is no need identified. But
once we get that need identified, we want to look at Munroe and Muzzey
and get a professional judgment to see if one or both of them are
suitable to meet this need and to be expanded if necessary to meet a
projected need. We wouldn't probably even have preliminary plans.
Mr. Hutchinson said that the proposals we received recently allow for the
capacity to get really completed plans if the needs study said we should
Selectmen's Meeting - 2 - March 26, 1980
go forward on even a cost estimate. Capital Expenditures will comment but
they have basically said to follow the traditional town process on the program.
Mr. Barnert, Chairman of the Capital Expenditures Committee, asked who is going
to set up the criteria to figure what things you are going to look at for needs.
Mrs. Battin said that she would hope we would use the good offices of our
Human Services. Committee and the Office of Elder Affairs, and we have good
people on committees on hand who would help us with this, and then tell us
what professional advice we would need. This is one of the most important
things in drawing up the right kind of survey instrument. We would use our
Human Services Committee, the Department of Elder Affairs, the Mass. Municipal
Association, and the experience of other towns; then come up with who we need
to hire to help us with portions of it. A great deal can be done with volun-
teers.
Mr. Barnert said that the concern of the committee is the fear that
you may be ignoring the possibility of a completely new building. There is
town land that may be able to be used and whether you won't consider what
the requirements for such a new building would be.
Mr. Kent said that he had a somewhat different view than that which pre-
vails around this table, although he was very much -in accord with this par-
ticular proposal in this particular proposed appropriation. We are not talk-
ing about a human service center basically, we are talking about a center for
senior citizens. We had a report submitted prior -to the last annual Town
Meeting by a citizens' committee on a senior center, expressing a view that
this community needed a senior citizens' center. The Town Meeting, to an
extent, accepted the direction of that report by directing the Selectmen to
include the possibility of use as a senior center in the Selectmen's assess-
ment of possible uses of Munroe School. We came down to a point where we
believe we are not remotely ready to present to Town Meeting, namely a pro-
posal for between $500.,000tto $700,000 to go ahead on this presentation.
We don't start with afresh sheet, "Do you need a senior center?" If we
did not have currently the quarters we have in the Church of Our Redeemer,
we would be in trouble on this subject. That is initially a makeshift
arrangement and has the element of a makeshift about it. Fortunately, it
looks as though it may be expanded in order to take care of our near-term
needs. What we don't have is an assessment that includes not only present
needs but projected needs for the future which simply have to betaken into
account if we are going to engage in any substantial capital program, be it
partial or total occupation of the Munroe or Muzzey Schools; or be it as
Mr. Barnert suggests, the possibility of an entirely different structure.
We just don't have a sufficient handle on the data at the moment. We need
to get it. The $7,500 is a bit of an estimate inthisregard. He would
hope that we would go to the point that Mr. Barnert talks about, if Munroe
and Muzzey don't work, at least what are the potentials? We don't want to
ask for more than is necessary, even if it is quite conceivable that this
money would not be all spent at this particular point. We've got some
momentum on this project; we've got citizens asking us to go forward; we
have a receptive Town Meeting on the general proposition already, and not
without previous opposition. We would like not to lose the momentum be-
yond the extend to which we already have An keep this thing going in essen-
tially the study phase, recognizing : the dimensions of the need and
particularly the future needs. We really don't have a handle on it and we have
to have it before we can fairly come to you and come to Town Meeting with any
concrete capital request.
Selectmen 's Meeting
- 3 - March 26, 1980
Mr. White said that it is absolutely essential to establish the need and
his committee will probably support $7,500; they have not voted on it yet.
Are we to assume we will get a report that says the needs of the town have
been assessed and here is a report that establishes the need?
Chairman Miley said she would assume that. Mrs. Battin said this is
what we are looking for, and then we say we have the survey, these are
the needs, these are the space requirements; that we have looked at these
two schools and this one seems much better; we want preliminary plan
money; we have to make some sort of a judgment. Or as Mr. Barnert said,
neither one might be suitable. We would lay out then what would be
available to meet those needs. Mr. White added that professional services
would be for constructing the questionnaire, seeing that it is properly
presented to the town and seeing that it is properly analyzed. Mrs. Battin
said there would be small additional monies to actually look at those two
schools once the needs have been established. As Mr. Kentsaid, we can't
stay forever at the Church. There is obviously a need for at least that
great a facility if not some expansion. Again, this does not have to be
preliminary plans. Mr. Gilman said he assumed the School Sites Conversion
Committee has been disbanded and you would not go through them? Chairman
Miley said that is correct. Mr. Gilman asked if the Human Services Com-
mittee would be involved, or perhaps set up a new committee? Chairman
Miley said that it might be a subcommittee of the Human Services Committee.
There are people on that committee who have done needs assessments.
Mr. Busa said that he had no problem with the needs assessment even though
we have had a report done by a committee in 1974. They did an indepth study
of the human service needs and a person on that committee didn't understand
why he was objecting to not going forward with the Munroe School. We have
just spent $2,000•far :the Munroe School and they came in with an estimate
of $777,000 and he couldn't understand why we want to put another $2,500
into more study of Munroe when he had assumed the $2,000 was to see if it
was feasible to put a human services and senior center in there, and they
came up with this figure on what it would cost us for some cosmetics to
bring it up to standards. The Senior Sites Committee says there is a need,
the Board understands there is a need, and Mr. Busa couldn't understand
why we want to involve the Human Services Committee or go into the state
house to get some information. Before we appropriate $5,000, we should
set up a separate needs committee, professionally done, and let them
come back and have the senior citizens of the Town of Lexington become
involved, and not have a subcommittee to do the study and come back with
their report; but get out into the neighborhood and let the professional
group outside of our Human Services Committee and outside of our Senior
Citizens Committee. Mr. Hutchinson said that we will work this out pro-
cedurally.
Mr. Crain said that he certainly thought we should consider the Human
Services Committee and its resources, based on the excellent work they have
presented on budgets which they have looked at at the Board's request. In
terms of elder affairs in the state house, he had no idea of what they can
supply, but it is there and it is free. He would rather do that than spend
money. Mr. Busa said that if that Ls the avenue, the Board should determine
that this is the avenue we should take and not appropriate any money.
Mr. Crain said that it is impossible to make those determinations and as he
understands it, that is why the Board is asking for the minimal amount so
1
107
Selectmen's Meeting
- 4 - March 26, 1980
that it is available with full knowledge that it won't be spent unless it is
absolutely necessary. Mr. Busa said that he had no problem with appropriating
$5,000 far a professionaljob being done and. the $2,500 is to look at Munroe
and Muzzey Schools. Mr. Hutchinson said that the best estimate we can obtain
is about $4,500 for office program and layout, investigation of Muzzey and
Munroe Schools, and the best estimate we could put together here is $3,000
for working with needs assessment advice. On the $4,500, we were asked to
look at what's really involved on a 10 -year basis with Munroe, looking at
all the groups and the senior citizens in particular might go in there.
All that was done from the old article was to look at Munroe School and say what
would it cost us if you tried to convert it into a human services center rather
than a senior center. What it amounts toffs that they interviewed a very narrow
group of people for that $2,000; that's how we kept the cost down. Now we are
saying, if the needs are determined, that's a separate study, that there
would be involvement again with the senior center, and all of those needs
tied to how can you lay the building out in such a way in a very detailed
basis, and the $3,000 is the study of needs.
Mr. Gilmaan._said he assumed the Board would be opposed to any change in
the motion on the part of the Council on Aging in terms of added facilities
of the Church of Our Redeemer. Mr. Cohen said it is not really clear that
that is within the scope of the article and that is going to be something
that the Moderator will beapproached on. Mr. Kent asked if it would be
fair to say that to the extent that additional space means some re -negotiating
with the Church of Our Redeemer that we believe we can find a way to manage
this without additional appropriation. There are places that we can go to
seek some help on this. Mr. Hutchinson said that the answer is that we also
might not, but we will try to look at every legitimate resources, including
fund raising.
Mr. Hutchinson said that he and Mr. Busa had met on the capping article Tax
and it looks as if, if you allow for the exceptions, we would be about 3 to Cap
4 percent on the appropriations, and we would be about 2 to 3 percent on
the levy side. The intent is to protect the town on whatever actions are
taken on individual items, and it is important that what we are doing is
protecting the Town Meeting under these motions on the budget.
Chairman Miley said that she and Senator Rotondi had filed a bill which
would cap the State, County, and the MBTA. The County and the MBTA have it
but you would never know it. She did testify before the Committee on Taxation
and we hope it will do some good. Mr. White said that it would be appropriate
to alert Town Meeting to what may appear to be undue haste and let them know
that this is one of our goals.
Mr. Hutchinson said that he had appointed, subject to the approval of Appt. .,
the Planning Board, Mr. Robert Bowyer as Planning Director. We had a screen- Planning
ing committee for 80 applicants and Mr. Bowyer is the No. 1 candidate. He Director
understood that the Planning Board will be approving the appointment tonight.
We are pleased to have Mr. Bowyer a he has an excellent planning background.
Mr. Bowyer will be resigning as a Town Meeting member and whatever other
capacities he has been involved in on town committees.
The Appropriation Committee and the Capital Expenditures Committee
retired from the meeting.
Selectmen's Meeting
- 5 - March 26, 1980
Burglar Mr. Kent said in connection with the Burglar Alarm By -Law Article,
Alarm he wanted to assure the Town Meeting that in the event the Board of
Article Selectmen has the power for this by-law to promulgate regulations
governing the issuance of permits for burglar and fire alarms, that those
regulations will only be promulgated after hearings ar which public partic-
ipation will be sought. The Board agreed.
Cemetery Mr. Hutchinson asked if there were any problems with his recommenda-
Bids tion to reject the cemetery building bids? He said that he would rather
not, with our past track record, make another estimate on the building
without another bid being received. Mr. Kent said that if we are going
to do that, should we not before you actually seek that bid, go over
just what it is we are including in the proposal? Mr. Hutchinson said
that he would; we have looked at the scope of the article but we would
like to review with you in greater detail the building and what we
propose to do.
Upon notion duly made and seconded, it was voted to adjourn at
7:51 p.m.
A true record, Attest:
.•32c
Executive
Executive Clerk, Selectmen
SELECTMEN'S MEETING
MARCH 31; 1980
A regular meeting of the Board of
Meeting Room, Town Office Building, on
Chairman Miley, Mr. Busa, Mrs. Battin,
Town Manager; Mrs. Banks, Assistant to
Executive Clerk, were present.
Selectmen was held in the Selectmen's
Monday, March 31, 1980, at 7:30 p.m.
Mr. Kent, Mr. Crain; Mr. Hutchinson,
the Town Manager; Mrs. McCurdy,
-09
The Appropriation Committee and the Transportation Advisory Committee LEXPRESS
met with the Board to discuss Article 32-Lexpress Mini -bus Transportation
Service.
Mr. Hutchinson said that we received bids regarding the extension of
Lexpress and the base bid was $16.74 per vehicle. My recommendation is
that we go for $180,000, which is an additional $80,000 beyond the
$100,000 that the Board had anticipated. This would be for a full ser-
vice program for a nine month period of September through June. We had
only one bidder and he has tried to protect himself with a fuel escala-
tion clause; the bid isless than we had anticipated but allows for an
escalation factor which was originally programmed to be for every 2 cents
a gallon there would be a 1 percent increase in the base bid. We were
able to negotiate that to 3 cents a gallon,fot a 1 percent increase in the
base bid. We don't feel that we can do any better with the low bidder at
this time, and we don't feel that we are doing any better by going out for
re -bid, based upon discussions we have had with people, most of whom do
not have vehicles of the type that we require. Mr. Zimmerman has agreed
to 3 cents a gallon and a nine months' program. Mr. Hutchinson recommended
going to a nine months' program at $146,770 and dealing with an MBTA sub-
sidy of $33,000, we wind up with a net impact of $180,000 or $80,000 more
than is currently proposed within the operating budget. He did not think
that the town should accept that the MBTA is not going to fund this system,
especially if we can demonstrate to the MBTA that this is the most effective
suburban transportation system in the region. If we get the $33,000, we will
apply it to the operation and hopefully stay within the budget. It is not
our intent to put it in E & D to raise the surplus. The additional $80,000
provides for effectively the current system for September through June,
the continuation ofa chair car for handicapped, and the opportunity to
assess this program for another year, especially in the light of the cur-
rent energy costs that we are experiencing. This is still less than a
dollar on the tax rate. We had talked about reduced service but the
Transportation Committee didn't think that was a good idea. The fare
structure assumes a 40 percent increase.
Mr. Fred Rosenberg, Chairman of the Transportation Advisory Committee,
said that they are suggesting raising the basic fare up to 40 cents and to
sell reduced rate coupon books for $5.00 for 15 trips, which would nominally
be 35 cents a ride, a 40 percent increase from the 25 cents fare. The passes
are raised accordingly and we feel there might be reduced ridership because
of that, possibly not as prices go up, and that would bring in a 25 percent
increase in total revenues. It is -proposed to charge 40 cents for 6 to 64;
20 cents for 65 and over; 20 cents for 5 and under; 65 cents to the Burlington
Mall. The Board would have to act upon this by September. Mr. Busa said
Tax Cap
Lexpress
Route
Change
Selectmen's Meeting
2 - March 31, 1980
that we have to justify better than 100 percent increase in the appropria-
tion of last year. He was not in favor of subsidizing a system that doesn't
show a gain in revenue. Inflation ought to be built into the fare structure
and he didn't believe that Ifwe..raise the fare to 40 or 50 cents that we
would lose that much ridership if gasoline goes to $2.00 a gallon. To go
to Town Meeting on Wednesday, we must show a better return, and he hadn't
received a figure on how many people are riding the buses. Mr. White
said that there is the possibility that those who benefit the mast be
asked to help subsidize this, and those are the people in the Mall;
somebody ought to be willing to help subsidize. Mr. Rosenberg said that
a member of his committee had approached the Mall and the Mall has a firm
stance that it wouldn't; it doesn't even advertise. Alternatives were
discussed, including a cutin service during the hours of 9:00 a.m. to
12:00 Noon after September, and Mr. Hutchinson said that it is a matter
of getting more experience in the summer as we haven't even gone through
a summer yet. The mini -bus systems in Winchester and Needham were briefly
discussed and Mr. Hutchinson offered to get the figures for the Board's
information.
Mr. Hutchinson said that if the program continues, if it is funded at
this Town Meeting, we have had some private suppliers say to us that we
should probably go to multi-year bids and see what happens, and you will ,
certainly get more competition that we have right now. Mr. White asked
when will.'.we know actually what the MBTA will do? Mr. Hutchinson said
that it could probably be in August. It is a grant program that you file
and you are not going to know until they are ready on their own budget.
So you are not going to get a commitment if you are looking for planning
purposes for this budget. You can make a decision on whether you are going
to get the funding or not. Grants are supposed to be predicated on the
types of service that you are providing and he hoped when they looked to
Lexington that they remember the criterion of the grants they they are applying.
Chairman Miley asked Mr. Hutchinson to comment on the letter received
today from the Department of Revenue regarding the appropriations limit,
the levy limit and/or the budget limit applicable to the Town of Lexington.
Mr. Hutchinson said that with all of the numbers given to us now, there is
no way we can correlate them to anything that we have within our records;
we are working on that now and will have one or two written recommendations
for you on Wednesday. Mr. Perry, Comptroller, strongly recommended that
this be taken up at the last part of Town Meeting.
Mr. Hutchinson requested the Board's approval of changes in the route
schedule for Lexpress.
Upon motion duly made and seconded, it was voted to approve the recom-
mended changes in Routes 5 and 7 of Lexpress in order to allow Route 5 to
go to the Mall on Saturdays and School Holidays, effective Saturday,
April 5, 1980.
Selectmen's Meeting
- 3 - March 31, 1980
14l
The Board discussed the gypsy moth problem with Mr. Paul Mazerall, Gypsy
DPW Tree Department. Mrs. Battin said that the question of gypsy moths Moths
had been referred to the Pest Control Advisory Committee, and she recom-
mended that the committee, working with Mr. Mazerall, could work out
something that would be satisfactory. Information submitted by the
State Department of Environmental Management and working closely with
what the Town of Weston developed, especially to use the biological
agent rather than a more toxic chemical, would be helpful; plus in-
formation as to how individuals can take care of infestation on their
own land. Mr. Hutchinson said that we continued to operate while the
committees are gearing up.
Mr. Mazerall said that we had an aerial and ground survey taken by
the state this summer and their information is that 90 percent defolia-
tion will occur as far as trees are concerned. If we get this heavy an
infestation, they are going to move into the evergreens and if they are
defoliated they,lare not going to come back. The very bad areas in town
are Spring Street, Prospect Hill, Cedar Street, Winter Street, and people
on Marrett Road have been calling up; there are sections all over town.
We really don't have the money to do an accurate job as far as spraying
is concerned; we intend to do it with our own machines and to use two
applications of dipel. It is very erratic and we will be lucky if we
get 50 percent control from it; if it rains within 48 hours after we put
it on, we will lose all the effect of the spraying. We have no choice
and we have to do some spraying. We have about $3,000 in materials on
hand and $3,000 left in the budget. Wayland is talking $40,000 to do
their program by spraying the whole town aerially, and we don't want to
do it aerially. During the week of April 22, we are going to all the
different neighborhoods and tell the people what to do and what to take
care of. The infestation period is around May 15, and he informed the
Board that private contractors are going to be using chemicals.
Mr. Hutchinson said that he will bring back a recommendation at the
next meeting, including alternatives based upon the use of chemicals.
Mr. Busa recommended that the Pest Control Advisory Committee be ex- Pest
panded. He moved to expand the committee by three more persons in order Control
to have a better balance on the committee. Questions were raised by the Adv.Com.
Board, and it was pointed out that a report from the committee is being
submitted at the end of this week. Mr. Busa withdrew his motion.
Chairman Miley asked for the Board's opinion on a draft of a letter Human
to the School Department from the Human Service Committee regarding Servs.Com./
Summer Workshop on Counseling. She said that a vote was taken by the School
committee to send this letter, if endorsed by the Board of Selectmen, Dept.
to -communicate with the School Department that they would like rather
than fragmentation of human services to have some method of cooperating
through the summer workshop.
After discussion, the Board agreed that an informal approach by
the Human Services Committee would be more appropriate than a formal
letter.
Resign.
Community
Health
Committee
Licenses -
1 -Day
Liquor
Auctioneer
Minutes
Director
of Guides
Traffic
Signs
Res igna.
Assoc.
Board of
Appeals
MVMH
Selectmen's Meeting - 4 - March 31, 1980
Chairman Miley read a letter of resignation from Dr. Martin White.
Upon motion duly made and seconded, it was voted to accept with
regret the resignation of Dr. Martin K. White as a member of the Com-
munity Health Committee.
Applications for licenses were approved.
Upon motion duly made and seconded, it was voted to issue a 1 -Day
Special Liquor license to W. R. Grace Associates for a retirement party
on April 3, 1980.
Upon motion duly made and seconded, it was voted to renew the
Auctioneer's license to Allen C. Lannom, 35 Webster Road.
Upon motion duly made and seconded, it was voted to approve the minutes
of the Selectmen's meetings of December 10, December 17, 1979; January 7,
1980, March 10, 1980 (Open).
The Board discussed the position of the Director of Guides, and Mr.
Busa recommended the appointment of Mr. Neil Cronin, with Mr. Richard
John as his assistant. Mr. Hutchinson said that we have $1,000/year ap-
propriated for this position if you want to pay $500 to each. Chairman
Miley did not feel that the assistant should be on a permanent basis but
perhaps as temporary. She asked if the Board would want to continue this
as a paying operation or would want to use some of the money for the guides,
or should the whole operation be on a volunteer basis with the Director and
the guides. The Board agreed to the appointment of Mr. Cronin as the Director
of Guides and voted the following:
Upon motion duly made and seconded, it was voted to request the Manager
to discuss with Mr. Neil Cronin the possibility of his becoming the Director
of Guides and attempt to work out an arrangement under which this might be
accomplished, and an arrangement for working out guidelines for the conduct
of the program.
Chairman Miley read two recommendations from the Traffic Safety Committee.
Upon motion duly made and seconded, it was voted to amend the Traffic
Rules and Regulations to include Stop signs at the intersections of Wilson
Road and Roosevelt Road; Ellison Road and Rossevelt Road.
Upon motion duly made and seconded, it was voted to amend the Traffic
Rules and Regulations to include No Parking signs at Park Drive and Waltham
Street.
Approval of the State DPW is to be requested.
Chairman Miley read a letter of resignation from Mr. Bowyer.
Upon motion duly made and seconded, it was voted to accept the resigna-
tion of Mr. Robert A. Bowyer as an Associate Member of the Board of Appeals.
Mr. Crain said that in the line of questioning to him at Town Meeting
regarding Mystic Valley Mental Health, it is very important that the Manager
get back to us within a month. Having worked with the Human Services Com-
mittee and established specifically the kinds of dat that they want, so,
in turn, Mystic Valley can be asked if they are going to be able to be
responsive. Mr. Crain said that was the commitment he had made on the
floor of Town Meeting.
Selectmen's Meeting - 5 - March 31, 1980
Chairman Miley read a letter from Mr. Clifford Porter, President of
the Republican Town Committee, recommending the re -appointment of Mr.
Simmons.
Upon motion duly made and seconded, it was voted to re -appoint
Mr. William B. Simmons, 82 North Street, a Registrar of Voters for a
three year term expiring March 31, 1983.
Mr. Hutchinson requested approval of a transfer of $7,000 to the
Fire and Police Medical Account in order to pay current bills.
Upon motion duly made and seconded, it was voted to request the
Appropriation Committee's approval of a transfer of $7,000 from the
Reserve Fund to Account #1125 -Fire and Police Medical.
Mr. Hutchinson recommended approval of bonds.
Upon motion duly made and seconded, it was voted to approve the
following bonds: Town Clerk in the amount of $6,500; Town Treasurer
in the amount of $170,000; Tax Collector in the amount of $160,000.
Mr. Hutchinson requested approval of a road race and a parade
permit.
Upon motion duly made and seconded, it was voted to approve the
request of the Lexington High School Senior Class to conduct a road
race on Sunday, May 4, 1980 at 1:00 p.m., subject to coordination
with the Police Department.
Upon motion duly made and seconded, it was voted to approve the
request of the Recreation Department for a parade permit for the open-
ing day of the youth league programs on Saturday, April 26, at 10:00 a.m.
Mr. Hutchinson recommended that two members of the Engineering
Division be designated to walk the town boundaries.
Upon motion duly made and seconded, it was voted to approve the
recommendation of the Town Manager that Paul Veers and William DeRose
of the Engineering Division be designated as the representatives of the
Town of Lexington to walk the town boundaries with the representatives
of Belmont, Arlington, Winchester, Woburn, Burlington, Bedford, Lincoln,
and Waltham during the period of May 12 through May 16, 1980.
Mrs. Battin said that there is a report which was distributed to
the Board -this evening, and Bob Kent served on the committee at the
Mass. Municipal Associations, about reforming county government, and
the Board of Directors of the MMA voted to go along with the recom-
mendations o.f that report.
Mrs. Battin said that according to our policies and procedures,
we have to have a vote of the Board ahead of time for any member of
the Board to attend conferences. On April 18, she and Mr. Crain had
been asked to attend the Mass. Municipal Association conference on
Pensions. The registration fee is $15 each. Mr. Crain said that he
was not sure he would be able to attend and rather than have the town
expend the money, if he is able to make it he will take care of the fee.
The Board voted to approve.
13
Appt.
Registrar
Voters
Transfer
Acct.
#1125
Bonds
High School
Road Race
Youth
League
Parade
Town
Boundaries
Conffe€ence
eg s ra-
tion Fee -
Selectmen's Meeting
- 6 - March 31, 1980
Upon motion duly made and seconded, it was voted to adjourn
at 10:05 p.m.
A true record, Attest:
ecutive Clerk, Selectmen
1
SELECTMEN'S MEETING
APRIL 2, 1980
A regular meeting of the Board of
Meeting Room, Town Office Building,on.
Chairman Miley, Mr. Busa, Mrs. Battin,
Town Manager; Mr. Cohen, Town Counsel;.
present.
Selectmen was .held in the Selectmen's
Wednesday, April 2, 1980,. at 7:30 p.m.
Mr. Kent and Mr. .Crain; -Mr.. Hutchinson,
Mrs. McCurdy, Executive Clerk, were
Chairman Miley read aletter from Mr. P. C. Wong for permission to
use the downstairs function room of Peking Garden. on April 21.
Upon motion duly made and seconded, it was voted to grant permission
to Mr. P. C. Wong to use the downstairs function room of Peking Garden,
27 Waltham Street,. on Monday, April 21, 1980 from 10:30 a.m. to 1:00 p.m.
to serve food to the parade units.
Mr. Hutchinson discussed Lexpress and gave the Board additional
information requested on the operation of Winchester and Needham mini-
buses. He asked the Board to act on his recommendation to request the
approval of Town Meeting for an appropriation of $180,000 for Lexpress.
Upon motion duly made -and seconded, it was voted 4-1, with Mr.
Busa in opposition, to request that the town appropriate $180,000 to
fund a local transportation system.
Mr. Busa said that he would go along with three hours a day re-
duction in service and a greater fare increase.
Mr. Rosenberg, Chairman of the Transportation Advisory Committee,
commented that the Appropriation Committee may go along with Mr. Busa's
suggestion.
Upon motion duly made and seconded, it was voted to adjourn at
8:00 p.m.
A true record, Attest:
.a.15
Com.Vict.
Ext. of
Hours
Lexpress
Appropria-
tion
Executive. Clerk, Selectmen
SELECTMEN'S MEETING
APRIL 7, 1980
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, April 7, 1980, 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.
Pest Con- Mr. John Andrews, Chairman, and members of the Pest Control Advisory
trol Com. Committee met with the Board to discuss the interim report of the committee
Interim on mosquito control in Lexington. Mr. Andrews said that the committee had
Mosquito hoped it would be a final report but they now wanted to verify factors.
Report Initially when we began the study of pest control, we began with the idea
we were going to have to trade off the number of mosquitoes that we have
against the concerns for the pesticide use; there seem to be conflicting
problems and in order to do that we had to understand two things, (1) What
are the pesticide problems and those concernsover. the pesticide use;
(2) What benefits arrderiving from pesticide use? The real surprise of
the study came in the area of the benefits of what the pesticide uses are.
We've heard effectiveness numbers quoted concerning pesticide use in the
town that it is 80 to 90 percent effective in eliminating mosquitoes,
which gave us and certain other people in town the impression that most,
if not all, of the mosquitoes would be eliminated by the pesticide which
was being applied but when these effectiveness numbers were translated in
terms of actual nuisance abatement, it turned out that the effectiveness
was much lower. Primarily, the costs are only a small fraction of mosquito
breeding areas in Lexington being treated even a single time and that
pesticides were being used. A lot of mosquito areas that are not in wet-
lands are not being addressed in any fashion, and the adulticiding effective-
ness has been applied only to a small fraction of the town, to only 5 percent
of the town in any given operation, and there are 7 or 8 operations per year.
Since the relief that is afforded by those operations is only a few days at
the most, the average effect is very small; so the net benefits to be de-
rived appear to be quite minimal and it seems as if we've had some unrealis-
tic expectations of how much mosquito control we can get only spending a
few thousand dollars. The other concern that came up and is especially
important in view of the way in which we have to decide we are goinn trse,
is the concern over counterproductive effects; the fact that certainTso
logical checks of mosquito numbers may be destroyed or their effectiveness
decreased by the pesticide use. So we might be trading off a modest perma-
nent suppression that we get from natural controls for a temporary, more
dramatic one from the pesticide use. The committee felt it impossible to
quantify what benefits we were getting, if any, from the pesticides that
have been used, and we are still searching for data that enables us to
evaluate that for the future. As far as pesticide concerns go, there has
been con€ern in two areas, (1) exposure to pesticides/possible health
effects; (2) Ecological damage. The risks are probably small for
human exposure; it is impossible to be absolutely confident as we don't
have either health damage in the future or it isn't current now. One
1
1
Selectmen's Meeting
- 2 - April 7, 1980
a 11
reason being the inadequate scientific knowledge, especially in the area
of neurological effects of pesticides upon infants and the unborn and the
chronically ill persons;there is practically no data available. So, the
human exposures as a matter of acceptable risk, and do the benefits justify
the risks, obviously that's something different people will have different
judgments about. The committee felt if we are going to make a collective
decision that people would be exposed, whether they wished to be or not,
that we first have to be sure we have considered the alternatives to ex-
posure to achieve the same effects without exposing people to pesticides
The committee has recommended that we not use chemical insecticides in
the way that exposes people until we have the alternatives. -'::Since there
is no monitoring in Lexington, we don't have the data on what the damage
is or what has occurred. We recommend using non -chemical approaches and
address mosquito, breeding areas. Areas on private property can be ad-
dressed by attempting to enlist the support of the public. There are a
lot of people who are unaware of the effectiveness of things like repellents;
public education measures should be in place and should be pursued regardless
of what we do. Using. town resources could be effective in eliminating spot
problems, and probably this should be done regardless of what you eventually
decide to do on mosquito control. One of our conclusions is, if we are
going to use chemical pesticides in the future, we should be .monitoring
what their effects are and the inadvertent effects, and we should also
look into the use of more selective materials.
Within the scope of the appropriation, our recdmmendation would be the
coordination of existing County sources and our town resources could be di-
rected in a better fashion i.e., if there is a problem with a drainage chan-
nel that people have been dumping _trash in,; and this may be a source of
breeding mosquitoes in a neighborhood. When complaints are received, rather
than sending a truck out and spraying the area with pesticides to give two
or three days' relief, to have someone go out and inspect the area and per-
haps find that source, and we might get more or less permanent relief. It
is a matter of coordinating things that probably DPW ar.,..ther town agencies
could do on their own to prevent breeding mosquitoes. He did not know if
this could be done with in -town resources or would need someone to come in
for the summer to inspect and coordinate; this would require some funds as
he assumed there is no one within town government to handle that. Anyone
with the proper biological background could qualify to do this and get the
data if that person is able to identify the species of mosquitoes and could
put on a pair of hip -boots and walk the swamps.
Wellesley is in the process of .phasing out their adulticiding operation
and certain other towns are in the process of getting town meeting approval
of a mosquito control program. Bedford wants to be selective about what they
do with the material. Each town could tailor the program to their own concerns.
Chairman Miley said maybe we could pursue this with the County Extension Service
as this is one function of the County that does seem to -work.
Mr. Hutchinson said that a major effort has gone forward on the report but
some of the data is incorrect and, if presented, may compromise what you are
trying to do. The recommendation on the education program is an excellent one,
and bringing on staff perhaps even to run our own program without the Middlesex
control group, if that's desirable, but at the same time we have to look at what
they have been providing and they have been doing certain ditching work, etc.
Selectmen's Meeting - 3 - April 7, 1980
He emphasized the fact that the town has been doing a great deal on catch
basins , brooks, and we use it on a regular basis and have even coordinated
it more closely with the Conservation Commission. He felt it was an unfair
characterization that the town has not been working on stagnant waters that
are effectively breeding areas. The area of the report on acidic water
merits review, and we would be interested in going over our studies, which
were independently conducted in relation to our landfill, and try to corre-
late it with the data compiled by Mrs. Roos. Also, it would be appropriate
to reference in.thea repiort that Mr.. Mazerall and Mr Smith:)are. ex officio ,
members of this committee.
Mr. Andrews said the committee is aware of the fact that the town does
clean brooks and maintain drainage channels. The problem is if an area
blocks up, mosquitoes can be coming out of it within a week or 10 days, so
it takes a fast reaction sometimes when the problem arises. What we really
intended to imply is there is no one whose responsibility it is to respond
to the complaints in a way that would result in a fast action by the town.
The complaints result in pesticides being sprayed rather than a check to
see what is being done. You are right, and we should acknowledge the
fact that the town prevents a lot of problems by the regular maintenance
procedures.
Chairman Miley read the following from the report, "Last spring, the
mosquito population levels in Lexington were extremely high and mosquito
nuisance reports were received from all sections of town. This occurred
despite an ongoing mosquito control program and an increase in the rate
of adulticiding spray operations in comparison with the previous year."
She asked if someone could answer if that is the case?
Mr. Smith said in going over that particular section with the Manager,
it is one section he felt was in error. There was an increase in adulticiding
but the adulticiding work conducted during the last six months that the town
participated in the E. Middlesex project was conducted during the last week
of the season when we had an extremely wet spring. We had a lot of rain in
early May and the project worked in town adulticiding once during that period.
The weather conditions were adverse to the point where they couldn't do any
adulticiding,and it was put off until the end of the year. In discussions
with Mr. Mazerall, we felt it would be better to leave with as many dead
mosquitoes as possible. We had received a superabundant number of complaints
during May and early June and the weather conditions coupled with the fact
that the town wasn't charged for the project played a part in this decision
being made. A lot of work conducted earlier in the season was limited to
ditching and drainage work; we felt that the town was going to be withdrawing
from the project and it was better to leave the drains and ditches cleaned
out in the event that the town didn't seek to return to the project a year
later.
The Board agreed to send copies of the committee's interim report on
mosquito control to the Library for possible citizens' input. Chairman Miley
thanked the committee members for the report and informed them that the gypsy
moth problem would be discussed at a later meeting and consideration would be
given to the Manager's request for a transfer of $4,500.
Selectmen's Meeting - 4 - April 7, 1980
Chairman Miley read a request from Mr. Warren Empey, Acting Director
of Public Works, for abatement of water bills.
Upon motion duly made and seconded, it was voted to abate water bills
sent to Corazzini Bros., 1 Blossom Street, $27.45; June Allyn, 915 Mass.
Avenue, $104.40; incorrect charges.
Upon motion duly made and seconded, it was voted to approve the
minutes of the Selectmen's meetings of January 28.and March 10, 1980
executive session.
Upon motion duly made and seconded, it was voted to grant an
Auctioneer's license to Donald Burke, 120 Simonds Road, expiring
May 31, 1981.
Mr. Hutchinson recommended that the Board execute the agreement
with Arthur Andersen for the town audit.
Upon motion duly made and seconded, it was voted to sign the
agreement with Arthur Andersen & Co., 100 Federal Street, Boston,
to have the Town of Lexington's accounts audited for the period of
July 1, 1979 through June 30, 1980 at a fee not to exceed $9,900.
Mr. Hutchinson said the Board had instructed him to come back with
a recommendation on the commuter bus service to Boston. There -bas -been
only one complaint and all other comments were extremely favorable. The
temporary permit -expires April 13 and he recommended that Mr. Goodman
be given a two year contract including an expansion of service to the
South Station, subject to the town obtaining approval of the MBTA. Mr.
Goodman is looking at several other options but at this time has not
received the necessary permits from other towns and the MBTA. The ad-
vantage to the town of a two year contract rather than one year is that
it gives a private vendor a sense of stability so that he can actually
handle his routes better and he has some sense of guaranteed cash flow,
other than the effect that if he does not meet service expectation.,
we can terminate this arrangement. Mr. Crain commented that as an out-
growth of the cash considerations, he would be in a position to use another
approach to capitalization, which might influence new equipment. Mr. Busa
questioned whether the contract could be extended to two years without going
out to bid. Mr. Hutchinson said it was his understanding that we can since
there are no town funds involved. Chairman Miley said that Mr. Goodman had
mentioned he was interested in possibly a Sunday route and one in from Lowell,
possibly on a Sunday. Mr. Hutchinson replied that he is interested in ex-
pansion to South Station only, but will be back to the Board.
.Upon motion duly made and seconded, it was voted to approve renewal of
the current contract with the Vocell Bus Company for commuter bus service be-
tween Lexington and Boston for a two year period from April 13, 1980 to
April 13, 1982. Approval of the expansion of the route to the South Station
was also granted. Vote is subject to MBTA approval .of the Contract and
routes.
Water
Abatements
Minutes
Auctioneer
Town Audit
Arthur
Andersen
Lexington
Boston
Express
Bus
Mr. Hutchinson informed the Board that he had appointed Richard Spiers,
Appt.
Safety
Coordin-
ator
Selectmen's Meeting
- 6 - April 7, 1980
Superintendent of the sewer and water division, to coordinate a town safety
program. We are working on it consistent with an insurance report and we
will have reports and recommendations for the Board.
Brief discussion was held on the cemetery building, and the Board
voted to adjourn at 7:55 p.m.
A true record, Attest:
()i, ,NC
Executive Clerk, Selectmen
•. fi
SELECTMEN'S MEETING
APRIL 9, 1980
A meeting of the Board of Selectmen was held in the Selectmen's Meeting
Room, Town Office Building, on Wednesday, April 9, 1980, at 7:45 p.m.
Chairman Miley, Mr. Busa, Mrs. Battin, Mr. Kent, Mr. Crain; Nr. Hutchinson,
Town Manager; Mrs. Banks, Assistant to the Town Manager; Mrs. McCurdy,
Executive Clerk, were present.
Mrs. Angela Frick, Lexington's MAPC representative, met with the Board.
Chairman Miley read a letter from Mr. Donald E. Megathlin, Executive MAPC -
Director of .the Metropolitan Area Planning Council, stating that the Coun- Central
cil has reviewed Lexington's request for technical assistance e.g. central Business
business district revitalization plan, and has found it to be consistent District
with our program goals and objectives. We suggest that you submit a final Plan
application no later than May 15, 1980 which provides a more detailed de-
scription of the proposed project, a map -of the project area, and other
information you may consider germane to your request. In particular, a
prioritization of issues, for example, the need for a market analysis as
top priority followed by urban design issues or parking and traffic con-
siderations. Application must be accompanied by letters of support from
the chief elected official and Lexington's MAPC Representative, Mrs.
Frick. We look forward to reviewing your final application.
The Board agreed that Mrs. Battin, Mr. Hutchinson, Mrs. Jacqueline
Smith, and Mr. Robert Bowyer, Planning Director, are to compile the
necessary information for the Board's approval before May 15, 1980
for submission to MAPC.
Chairman Miley commented that she had read in the newspaper of the MAPC -
proposal of the new task force of the MBTA to have the MAPC be the over- MBTA
all umbrella for the cities and towns. Mrs. Frick said that she would
investigate that but doubted that it could possibly be under the aegis
of MAPC.
Brief discussion was held on Town Meeting Articles.
Upon motion duly made and seconded, it was voted to adjourn at 7:55 p.m.
A true record, Attest:
Executive Clerk, Selectmen�
SELECTMEN'S MEETING
APRIL 14, 1980
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, April 14, 1980, at 7:00 p.m.
Chairmain 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.
S1752 Mrs. Jacqueline Smith, Chairman of the Hanscom Field Advisory Committee,
HFAC met with the Board regarding Senate 1752 -Act Establishing the Hanscom Field
Advisory Committee. At its meeting. of April 8, 1980, the Hanscom Field Ad-
visory Committee agreed unanimously to strongly recommend to the Boards of
Selectmen of Lexington, Lincoln, Bedford and Concord that they ask Senator
Amick to table Senate 1752 for this year since the bill as reported out of
the Transportation Committee and amended by the Governor does not reflect
the spirit nor the letter of the body HFAC was trying to create through
this bill. Mrs. Smith said that she had :talked with Senator Amick, and had
heard nothing from. the Governor as to whether he would remove his regtinest to
have appointees to this advisory committee, so the recommendation stands.
At the moment, we are asking the Governor not to take any role in this, and
if he agrees to that, you could then recommend that the bill go forward as
you originally wanted it in an advisory commission not with approval powers.
We do not know what the Governor will do. Mrs. Battin moved to accept the
recommendation of the committee. As she understands the way it was voted
out of the committee, it gives the communities no greater influence than
they have under the current agreement, and to keep it in might mean more
untoward side effects which would hobble us even more. Mr. Kent said that
he thought when this bill was submitted, we were going to go the route of
having this bill sponsored by all senators and representatives in the area,
and it ended up as Senator Amick's bill only. He had talked with Mrs. Smith
and shared her concernabout it being a community advisory bill. He recom-
mended if we go this route again, in order to get these things through, we
have to get a broader base and not have it identified as a bill of a par-
ticular senator. Mrs. Smith said that they would try other avenues.
Upon motion duly made and seconded, it was voted to approve the recom-
mendation of the Hanscom Field Advisory Committee to request Senator Amick
to table Senate 1752 for this year since the bill as reported out of the
Transportation Committee, .and amended by the Governor, does not reflect the
spirit nor the letter of the body we were trying to create through this bill.
The Board approved the following agenda items:
1980 Upon motion duly made and seconded, it was voted to renew the Common
Com. Victualler license for Walnut Farm Trust d.b.a. Powder Horn Golf Club,
Viet. expiring December 31, 1980; hours of operation from 7:00 a.m. to 10:00
p.m. -7 days.
Minutes Upon motion duly made and seconded, it was voted to approve the minutes
of the Selectmen's meetings of February 19 and February 25, 1980.
1
1
1
Selectmen's Meeting - 2 - --April 14, 1980
Upon motion duly made and seconded, it was voted to abatethe water
bills of Lucille Magliozzi, 112 Grant Street, $14.40; John Nordahl, 31
Meriam Street, $55.35; incorrect reading by customers. C.V.S. 1721 Mass.
Avenue,. $11.25, extra meter removed and account closed.
Uponmotion duly made and seconded, it was voted to accept with
regret the resignation of Mr. Howard Cravis as a member of the Advisory
Committee on Cable Television.
Upon motion duly made and seconded, it was votedto approve the re-
quest of the Lexington League of Women Voters to declare April 22, 1980
as Earth Day.
Upon motion duly made and seconded, it was voted to refer to the
Traffic Safety Committee for a recommendation on the letter received
from the Kennecott Copper Corporation concerning an obstructed view
of traffic at their 128 Spring Street exit.
Mr. Hutchinson requested approval of three transfer requests.
A request for $20,000 to the,Road Machinery account to.:'buy gasoline
and diesel fuel, repairs to equipment and other automotive parts.
The original request was for $50,000 and $20,000 had been previously
approved.
Upon motion duly made and seconded, it was voted to request ap-
proval of the Appropriation Committee for a transfer of $20,000 from
the Reserve Fund to Account 5450 -Road Machinery.
Mr. Hutchinson requested $16,000 for the Fire Department, which
is higher than expected because of additional maintenance problems,
fuel costs and automotive supplies. He pointed out that they have
been having a positive experience with fire equipment being fixed at
the public works' barn.
Upon motion duly made and seconded, it was voted to request ap-
proval of the Appropriation Committee for a transfer of $16,000 from
the Reserve Fund to Account 4150 -Fire Department expenses.
Mr. Hutchinson requested $4,500 for continued support of our
gypsy moth program. Mr. Kent felt that he was insufficiently informed;
the material from the Pest Control Committee indicated that we ought
not to push the panic button. Mrs. Battin said that Mr. Mazerall
would be using dipel, a bacteriological spray, and what the committee
had urged was that people not hurry and turn to chemical sprays on
their own property. Chairman Miley said that in the report from the
committee at that time they felt they had no input for gypsy moths,
and had nothing to say about that particular issue; that was why she
felt comfortable about going ahead with what Mr. Magerall told us at
our last meeting with him. The Board agreed.
Upon motion duly made and seconded, it was voted to request ap-
proval of the Appropriation Committee for a transfer of $4,500 from
the Reserve Fund to Account 6100 -Shade Treess for the gypsy moth program.
213
Water
Ab atements
CATV
Resigna.
LWV
Earth Day
Traffic
Safety Com.
-Kennecott
Spring St.
Transfers -
DPW
ransfers-
DPW
Account
5450
Fire Dept.
Account
4150
DPW
Account
6100 -
Gypsy Moths
ti
Selectmen's Meeting - 3 - April 14, 1980
Munroe Mr. Hutchinson requested authorization to negotiate an extension of
School the lease of space at the Munroe School to the Assemblies of God Christian
Lease Center, Inc. which expires on July 31, 1980. This would be subject to our
planning studies which are going to be made. It was agreed that Mr.
Hutchinson is to negotiate the extension of the lease and come back to
the Board, with an actual date.
Bike Mr. Hutchinson recommended approval of a request for a bike ride.
Ride Upon motion duly made and seconded, it was voted to approve the re-
quest of the Americal Diabetes Association to sponsor a Bike Ride for
Diabetes on Sunday, May 18, 1980 from 11:00 a.m. to 4:00 p.m., subject
to coordination with the police department.
Treasurer Mr. Hutchinson asked for the Board's endorsement of Mr. Zehner, Town
Treasurer, proceeding with the bond issue in June for the pool,.sewers,
and certain conservation acquisitions. Mr. Zehner recommends that it is
cost effective to go forward on a permanent borrowing basis, subject to
his right to reject the bids. He has talked with Mr. Crain and wanted
the.Board to know about the volatility of the economy.
Upon motion duly made and seconded, it was voted to authorize the
Treasurer to proceed with arrangements for a bond issue in June.
CoA
Mr. Hutchinson said that the Board had discussed some time ago the re-
quest of the Council on Aging for $1,800 because of additional staff time
and higher office expenses than anticipated. He recommended that the
Trustees of Public Trusts be asked to support this program.
Mr. Busa said that he would like to have a more detailed breakdown
of the operation - the time schedule, amount of hours, and salaries of
the part-time employees - in order to make a better judgment. Mr.
Crain said that along those lines of the activities of the Council on
Aging, and based on a conversation he had this weekend with someone from
the Secretary of Aging, the increased attempt we are going to make to get
some data and to be better prepared another year to discuss., the needs of
that group, it seemed to him that the Manager confronts a real problem in
deciding how to allocate from his office some managerial monitoring of
the activities. It is reaching the proportions now where it needs some
managerial attention and this is something that we have got to begin to
thrust. Mr. Kent said that he was concerned that this particular request
comes right on top of our budgeting process to take additional steps with
respect to an operating budget that he had supposed the Board had just
finished consideration of for the current year. The Selectmen and Manager
have undertaken a commitment to seek to locate funds necessary in order to
support additional rental expense at the Church of Out Redeemer, and until
that particular undertaking has been fulfilled, he is reluctant to go around
attempting to get money from sources that we may want to get money for
for other purposes. Chairman Miley said that she shared the Board's concern.
Upon motion duly made and seconded, it was voted to table the CoA
request for $1,800.
Mr. Hutchinson said that he would bring it back to the Board next
week.
Selectmen's Meeting - 4 - April 14, 1980
Chairman Miley opened the hearing on a petition of the New England
Telephone Company to install 60+ feet of conduit in Moreland Avenue.
Notices of the hearing had been sent to abutters and filed with the
Public Works Department. Mr. Roland Pinault, representative of the
Telephone Company, was present and explained that a portion of the con-
duit will be in the public way, and Mr. Douglas Holmes, 6 Moreland Avenue,
and Ms. Kay Ting, 15 Moon Hill Road, have granted us the right-of-way to
place our conduit in the underground to service three new homes in the
the area. Chairman Miley read a.report from Mr. Warren Empey, Acting
Director of Public Works, recommending approval of the petition. Mr.
Holmes and Ms. Ting were recorded in favor of the petition. No one
appearing in opposition, Chairman Miley declared the hearing closed.
Upon motion duly made and seconded, it was voted 4-0, Mr. Crain
abstaining, to grant permission to the New England Telephone Company
for the following location of underground conduit: Moreland Avenue,
on the northerly side, opposite the northwest corner of Fern Street,
from existing Pole 160/0, westerly approximately 60+ feet to private
property right-of-way, approximately 60+ feet of conduit.
Mr. Cohen recommended that the Board sign a sewer easement on
Rockville Avenue.
Upon motion duly made and seconded, it was voted 4-0, Mr. Alfred
Busa abstaining, to sign the taking of a sewer easement on Rockville
Avenue on land owned by Anthony C. and Beatrice E. Busa.
Mr. Cohen said that the Board had voted on November 26, 1979 to
sell a small tax title lot on Sunny Knoll Terrace for back taxes and
interest that came to $1,205.29. The check has been received, and he
requested the Board to sign the deed.
The.Bo.ard_signed the deed conveying a'25.ft. wide strip of land
located on the northerly side of Sunny Knoll Terrace.to Steven Miller
Adler and Elaine Pliskow Adler, for $1,205.29, subject to the re-
striction for a period of ninety-nine years that for the purposes of
building said land be combined with other lands with the buildings
thereon of the grantee known as 3 Sunny Knoll Terrace and that only
one building, together with customary accessary buildings, shall be
maintained on the combined lot.
Upon motion duly made and seconded, it was voted to adjourn at
7:57 p.m.
A true record, Attest:
ZAorrx_ez, //c
Executive Clerk, Selectmen
2n5
Telephone
Conduit -
Moreland
Avenue
Sewer
Easement -
Rockville
Avenue
Land
Conveyance -
Sunny Knoll
Terrace
Tel.
Cable.;
Spring
Street
SELECTMEN'S MEETING
APRIL 28, 1980
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, April 28, 1980, at 7:30 p.m.
Chairman Miley, Mr. Bpsa, Mr. Kent and Mr. Crain; Mr. Hutchinson, Town
Manager; Mrs. Banks,\ssistant to the Town Manager; Mrs. McCurdy, Executive
Clerk, were present. Mrs. Battin and Mr. Cohen were absent.
Chairman Miley opened the hearing on the petition of the New England
Telephone Company to install 18+ feet of .cable in Spring Street.
Notices of the hearing were sent to the abutters and filed with the public
works department. Mr. Roland Pinault, representative of the Telephone Com-
pany, was present and said that this would provide service for a new house
of the Lexington Housing Authority at 39 Spring Street; the pole is located
on abutting 41 Spring Street. We will bury about 18 feet of conduit to the
private property into the new development. Chairman Miley read a report
from Mr. Warren Empey, Acting Director of Public Works, recommending ap-
proval of the petition. Mrs. Flynn, 35 Spring Street, was present and
said that it would not affect her as her property is on the other side
of the new house. Mrs. Shunney and Mr. Scanlon, Lexington Housing Author-
ity, were present and recorded in favor of the petition. No one appearing
in opposition,'Chairman Miley declared the hearing closed.
Upon motion duly made and seconded, it was voted 3-0, Mr. Crain ab-
staining, to grant permission to the New England Telephone Company for
the following location of underground :cable:in Spring Street, on the
westerly side, from existing pole 90/9 located approximately 31+ ft.
north of Hudson Road, northerly approximately 18+ ft. to private property
#39 Spring Street.
J/0 Chairman Miley opened the hearing on the petition of the New England
Pole Telephone Company and the Boston Edison Company for a joint pole location
Tarbell in Tarbell Avenue. Notices of the hearing were sent to the abutters and
Avenue filed with the public works department. Mr. Pinault, representative of
the Telephone Company, said that the pole would bring both telephone and
electrical service to the Housing Authority's new house at #31 Tarbell.
The pole is going to be located approximately at the property line and
wires will be buried to the new house. Mr. William Domigan, 37 Tarbell
Avenue, questioned whether the pole would be on the same side as the house.
Mr. Pinault said that it would be necessary so that the street will not be
dug up; We are going underground from the new pole location. Mr. Busa
added that, they will be going from polei137/6 overhead to pole:137/5 and
underground into the property at 37 Tarbell. Mr. Domigan was satisfied.
Chairman Miley read a report from Mr. Warren Empey recommending approval
of the petition. Mrs. Shunney and Mr. Scanlon of the Housing Authority
were recorded in favor of the petition. No one appearing in opposition,
Chairman Miley declared the hearing closed.
Upon motion duly made and seconded, it was voted 3-0, Mr. Crain ab-
staining, to grant permission to the New England Telephone Company and
the Boston Edison Company for a joint pole location in Tarbell Avenue,
on the westerly side, approximately 159+ feet south of Tucker Avenue,
pole 137/5.
1
1
1
Selectmen's Meeting - 2 - April 28, 1980
Chairman Miley conducted hearings on the petitions of the Boston Edison
Company at 7:36 p.m. for 10+ ft. of conduit in North Street; at 7:39 p.m.
for 18+ ft. of conduit in Davis Road; at 7:45 p.m. for 14 feet of conduit
in Wood Street. Mr. Edmund Kelley, representative of the Boston Edison
Company presented: the petitions. Notices were sent to the abutters and
filed with the public -works department. Chairman Miley read reports from
Mr. Empey recommending approval of the petitions, which would provide
electrical service to three new homes of the Lexington Housing Authority.
Mrs. Shunney and Mr. Scanlon of the Housing Authority were recorded in
favor. No one appearing in opposition, Chairman Miley declared the hear-
ings closed.
Upon motion duly made and seconded, it was voted to grant permission
to the Boston Edison Company for the following location of underground
conduit:
North Street, northeasterly approximately 390 feet northwest of
Lowell Street, a distance of about 10 feet - conduit.
Davis Road, approximately 103 feet north of Rockville Avenue, a
distance of about 18 feet - conduit.
Wood Street, southwesterly approximately 47 feet northwest of
Wildwood Street, a distance of about 14 feet - conduit.
Chairman Miley read a request from Mr. Peter Chalpin, Acting Chair-
man of the Traffic Safety Committee, for approval of the establishment
of a No Parking Zone on Massachusetts Avenue across from the East Lexing-
ton Fire Station driveway. Vehicles parked in this area inhibit the
movement of fire apparatus in and out of the station. -If approved by
the Board, it should be forwarded to the Mass. Department of Public Works
for issuance of the necessary permit.
Upon motion duly made and seconded, it was voted to amend the Traffic
Rules and Orders of Lexington by adding to Article V, Section 2, Schedule 1,
the following: No Parking on Massachusetts Ave., north, opposite Locust Ave.
100' easterly.
The proper forms are to be forwarded to the Mass.: Department of Public
Works for approval.
Mrs. Shunney informed the Board of vandalism at a new Housing Authority
home on Alpine Street. There were extensive damages in the kitchen area
and holes burned in the rugs. She was very concerned as it appears that the
house cannot be occupied by June 1, the anticipated occupancy date.
Chairman Miley assured Mrs. Shunney that the Manager will talk with the
police department to have extra patrols in the areas of unoccupied Housing
Authority homes.
Chairman Miley read an application from Arlex Taxi Corporation for
renewal of nine taxicab licenses. Mr. Hutchinson said that a report has
been submitted by the police department after inspection of the taxis.
There were problemG with one of the cabs and while the others were ac-
ceptable, the cleanliness was subject to criticism by the police department.
Bos.Edsn.
Conduit
North St.
Rockville
Avenue
Wood St.
Traffic -
No Parking
Mass. Ave.
Fire Sta.
Scattered
Sites
Taxicab
Licenses
Selectmen's Meeting - 3 - April 28, 1980
We plan to conduct another full investigation in the future and file another
report with the board. If we have any future problems with the taxicab
vendor, at the next meeting our recommendation will be somewhat different.
The recommendation at this time is to go forward and approve.
Upon motion duly made and seconded, it was voted to approve the re-
newal of nine taxicab licenses to Arlex Taxi Corporation d.b.a. Lexington
Cab Company, expiring May 1, 1981, subject to the Manager contacting Mr.
Tippett regarding the condition of the cabs.
Abate- Upon motion duly made and seconded, it was voted to accept the recom-
ments mendation of Mr. Warren Empey, DPW Director, to abate a water bill for
the Red Cross Building, 3 Hancock Street, for $11.25;. building vacant and
account closed. Also, a street opening permit to Mr. David Eagle,
275 Massachusetts Avenue, for $5.00; owner cancelled job.
H.R.5200 Chairman Miley read a letter from U.S. Congressmen Wydler and Mottl
HUD requesting support of an amendment to H.R. 5200, which would eliminate
the HUD Court and thus the opportunity for HUD zoning decision review.
The Board agreed that very little information is available on bills in
Washington. Mrs. Shunney, Chairman of the Housing Authority, expressed
her concern about the loss of home rule.
Chairman Miley offered to contact Congressman Shannon's office for
his reaction and additional information on H.R. 5200.
Recycling- Chairman Miley read a letter from Mrs. Judy Zabin, President, and
LWV Mrs. Suanne Dillman, V. President for local program and action of the
League of Women Voters, stating that the League is pleased and supports
the town's solid waste collection with a recycling component. The League
urges the Selectmen to have a public discussion of the various options
available. There are several issues which merit careful consideration -
the use of recycling sites at the sanitary landfill and the DPW building,
and collection containers throughout the town. Many citizens and the League
would like to have input into the planning and promotion of effective re-
cycling and when the public hearing would be scheduled on this matter.
Mr. Hutchinson said that he planned to meet with the Solid Waste Committee
and to bring in a set of regulations on May 12 plus a full report.
Chairman Miley said there :has been some concern -that perhaps we can open
up the landfill again as a collection point for receptacles for cans.
The Manager has given us some valuable information, and we are all work-
ing on that now. Mr. Busa said that people have some concerns about what
the regulations would be, and they would like to have closed containers
rather than plastic bags. Now, when the trash is put out for Miller to
collect, there have been problems with dogs getting into the bags. What
regulations would be put into effect to leave the trash out on the sidewalk?
Mr. Hutchinson said that this will be addressed at the Solid Waste Committee
meeting. Chairman Miley commented that maybe we could use the experience of
other towns.
Mrs. Zabin, Mrs. Dillman, and Mr. Jim Reilly, Chairman of the Solid
Waste Committee, were present. In response to Mrs. Dillman questions,
Mr. Hutchinson said that we will be discussing on May 12 the regulations,
a review of recycling, and a proposal regarding recycling and how to do it.
He added that Mr. Reilly would be glad to have members of the League work
with his committee.
1
Selectmen's Meeting - 4 - April 28, 1980
Chairman Miley asked the Board to discuss the implementation of Town Meeting
articles voted by Town Meeting, including Burglar Alarm Regulations, Articles
the Parker School, Recreation facilities, etc. Mr. Kent recommended
that a list of the articles be prepared. These three are definitely
ones that we need to look to, and we have the responsibility with re-
gard- to the institution of the study of the Munroe School and the
Muzzey School in terms of a Senior Center. It is important that we
get all of these things started and that we set our priorities. We
need to hold a hearing on the burglar alarm regulations, perhaps after
another meeting of the Burglar Alarm Committee has been held-. It is
important that since.Town Meeting adopted the Recreation Committee's
recommendations with regard to improvements to recreation facilities -
something which we did not endorse - that we proceed with reasonable
promptness with respect to those.
Chairman Miley said that Mrs. Battin has been in touch with the
Chairman of the Human Services Committee to start the ball rolling on
needs for the seniors. Mr. Crain said it is his opinion that the
senior services group is generating sufficient activities and needs
for funding, and he would like to see the Manager's office find a way
to allocate some management surveillance and involvement with that.
That is going to be an important ingredient of the entire package.
Also, we have to formulate a data request of Mystic Valley for specifics
we required for funding. Also, a committee is to be formulated to take
a look at the whole subject of pension funding. Mr. Hutchinson said that
the Pension Board is picking that up, and he will look into it. Mr. Crain
said that wasn't the intent; the specific commitment he made when the
article was covered at Town Meeting was that Mhe Board would appoint a
citizens' committee. Mr. Busa said that the fiscal year doesn't begin ::�
until July 1 and we have a schedule of 1980 recreation monies for those
projects to be completed before we get into spending for FY 81. The
burglar alarm regulations and the hearing should be done before July l
if they are going to be implemented before the end of 1980. Mr. Hutchin-
son said that he has been working with the Police and Fire Chiefs and
the committee to bring in a set of draft regulations within the next
30 days. On the Munroe School needs' assessment, with the monies in
there are we going to be looking for outside help or is this going to
be in-house first? Mr. Hutchinson said that he was going to spend some
time on how this is going to be coordinated. Chairman Miley said there
are people on the Human Services Committee who have done this type of
thing in their work, and that is why we are going to them for advice,
and working with the Manager, etc.
Mr. Kent asked if there has been any further dialogue with the Church
of Our Redeemer with respect to additional space for the Council on Aging,
and how are we going to fund that additional space? Mr. Hutchinson said
that the initial problem for completing their budget for the year has been
resolved internally without generating a request for money. Mrs. Banks
said that the CoA has met with the Church of Our Redeemer and the Church
is in the process of meeting with their own committees. This has taken
longer than we had originally expected but there has been communication.
It was agreed to address: Burglar Alarm Regulations/Hearing; Parker
School; Recreation facilities; Munroe School/Muzzey Jr. High Study; MVMH
data for funding purposes; Managerial monitoring of CoA; Pension Funding
Committee. Mr. Hutchinson said that he would have a complete list pre-
pared on articles for implementation.
1 -Day
Liquor
License
Minutes
Solid
Waste
Contract
Tax
Policy
Committee
Engineer-
ing Con-
sultant
Interviews
Dogs
Harrington
School
Cemetery
Buil ding
Selectmen's Meeting - 5 - April 28, 1980
Upon motion duly made and seconded, it was voted to sign the
one -day liquor license for the Lexington Minute Men's Ball at St.
Brigid's Church hall on May 9, 1980.
Upon motion duly made and seconded, it was voted to approve the
minutes of the Selectmen's meetings of March 17, March 19, March 24,
March 26, March 31, April 2, 1980.
Mr. Hutchinson recommended that the Board award the contract to
the low bidder on the collection and disposal of solid waste.
Upon motion duly made and seconded, it was voted to approve the
recommendation of the Town Manager to award the contract to the low
bidder, Browning-Ferris Industries, Inc., 100 Hallet Street, Boston,
for collection and disposal of solid:waste as.follows:
July 1, 1980 to June 30, 1981 - $510,000
July 1, 1981 to June 30, 1982 - $530,000
July 1, 1982 to June 30, 1983 - $550,000
The Board approved Mr. Hutchinson's recommendation that he appoint
the following members of the Tax Policy Committee: Laurence Redgate,
John McLaughlin, John Pierce, Ron Levy, Linda Wik, Christina Welch,
Stephen Politi, Robert Dodd, and Dr. John Lawson, Superintendent of
Schools. Mr. Hutchinson said that the intent of the committee is to
look specifically at proposition 2 1/2 and come back to the Selectmen
the first week in September. That will give us enough time for .appropriate
discussion before the referendum takes place to consider how you would like
to advise the community as to what they should be voting on.
Mr. Hutchinson said that the Board had asked him to go forward on
the selection of consultants for engineering/public works projects,
specifically the I/I study and comprehensive drainage study. Mr. Hanlon,
Town Engineer, is Working with representation from Conservation, Planning,
and the Public Works Department, and we are down to finalists in both
areas. We would like to see if we could have Selectmen representation
on our interviewing committee for the final three or four, and would bring
back a,specific recommendation to the Board.
Mr. Busa agreed to represent the Board of Selectmen.
Mr.
Precinct
School.
the next
Busa discussed a call he had received from the residents of
1 concerning an increased problem -with dogs at the Harrington
Mr. Hutchinson agreed to look into it and will have a report at
meeting.
Mr. Kent asked Mr. Hutchinson for a report as to the status of the
Westview Cemetery building. Mr. Hutchinson said they are reviewing
alternate plans now.
Selectmen's Meeting - 6 - April 28, 1980
Mr. Hutchinson informed the Board that the Transportation Advisory
Committee is holding a series of dialogue meetings with the public on
May 7 and 8. Mr. -Crain commented that there are two inactive members
of the Transportation Committee and they are ready to send in their
resignations. He felt it would be well to bolster that committee,
particularly with a senior citizen as the committee could use that
input.
The Board agreed to meet with the legislators and the Chamber of
Commerce on May 5.
231
Transporta.
Adv. Com.
Upon -motion duly made and seconded, it was voted 4-0 by roll call Executive
vote to go into executive session for the purpose of discussing strategy
with respect to collective bargaining and litigation.
After discussion, it was voted to go out of executive session.
Upon motion duly made and seconded, it was voted to adjourn at
9:05 p.m.
A true record, Attest:
Executive Clerk, Selectmen
SELECTMEN'S MEETING
MAY 5, 1980
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Roon, Town -Office Building, on Monday, May 12, 1980, at 7:30 p.m.
Chairman Miley, Mr. Buse, Mrs..Battn, Mr. Kent, Mr.>'Grain, Mr. Hutchinson, Mana-
ger; Mrs. Banks, Assistant to the Town Manager; Mrs. McCurdy, Executive
Clerk, -Mr. Cohen,-Town-Couns el,..were present.
HFAC Mrs. Jacqueline Smith, Chairman of the Hanscom Field Advisory Committee,
Massport met with the Board to discuss the Draft Noise Rule for Hanscom Field. Chair -
Noise man Miley said her recollection is that the Board.reviewed our policy about
Rule a year ago and decided there were no changes. Mrs. Smith introduced Mr.
Hearing Alan Lazarus, representing the Merriam Hill Association. She said that
Massport will hold a public hearing in Cary Hall on proposed noise con-
trol rules for Hanscom Field. A decision on the final rule will be made
on June 19 by the Massport Board, based on testimony received at the hear-
ing. Massport has modified the original draft of the rule to reflect con-
sensus position of the HFAC. It is our expectation, or hope, that they will
show the same sensitivity to the voices of the official community representa-
tives supporting the use restriction as well as the other provisions of the
rule that meet with town policy. It is important that we think about other
communities as well as our own when we are thinking of restricting the use
of facilities in our area. Mrs. Smith recommended, the Board's support
of the FAR 36 use restriction, grandfathering current users, support volun-
tary curfew through surcharges, the change in commuter definition, and
continued exclusion of air carrier service. She would strongly advise the
support of the review process, urging that the question of single event
noise, which causes noise growth, be a part of the review with the goal
of controlling that, too, by the end of the review. Mr. Lazarus said that
the rules are a good beginning and they form a base together with the review
process. Tolook at the noise problem and keep some control over it; it is
a typical situation for both sides.
Chairman Miley and Mr.,Kent`. are to attend the hearing in Cary Hall
On May 8 at 6:00 p.m.
Mr. Kent asked about the status of the permanent Hanscom Field Advisory
Committee bill, and Mrs. Smith said that last week it had been reported out
of committee. The Governor had signed off entirely on any involvement on
the bill; it has cleared the joint Transportation Committee with a favorable
report; it is strictly advisory, not with the approval power on new things
taking place at Hanscom. It would now just go through the normal process
of being heard in both chambers and then on to the Governor.
Hayes Ln. Chairman Miley read a request from Mr. Cohen, Town Counsel, to sign
Bicycle the Hayes Lane Bicycle Path easement. Mr. Cohen said that the easement is
Easement in an unaccepted street.
Upon motion duly made and seconded, it was voted to sign the taking
of an easement on Hayes Lane for a bicycle path with no betterments being
assessed and no damages being awarded.
Selectmen's Meeting - 2
Chairman Miley read a letter of resignation.
Upon motion duly made and seconded, it was voted to
regret the resignation of Mr. John Blackwell as a member
fic Safety Committee.
Upon motion duly made and seconded, it was voted to
April 7 and April 9, 1980 minutes.
May 5, 1980
accept with
of the Traf-
approve the
Mr. Hutchinson informed the Board that Mr. Zehner, Treasurer,
has received bids on two notes for $110,000 for sewers and $50,000
for the swimming pool, both to be refunded with the bond issue now
in preparation for sale. He recommended that it be awarded to the
low bidder, Old. Colony of Burlington..
Upon motion duly made and seconded, it was voted to authorize
the Treasurer to borrow $160,000 from Old Colony of Burlington at
4.77 percent interest, notes to be dated May 9, 1980 and mature on
June 17, 1980.
Mr. Hutchinson recommended that the White and Hill families be
connected to the Stratham Road sewer, which would involve an addi-
tional $17,000 to continue the sewer line. During the hearings,
there were objections to the sewer being extended to service that
area and the Board deleted that section. In the interim, requests
have been received for the sewer line to be continued, and it is
recommended that these requests be honored. The total cost of that
project would be $80,000 and would involve the taking of an easement.
We are not aware of any objection to this taking and will come back
to the Board if anything develops. The $17,000 would be out of the
$2.5 million authorization that we are working against now.
Upon motion duly made and seconded, it was voted to authorize
the Town Manager to go forward on the Stratham Road sewer project
in the amount of $80,000 to include the White and Hill properties.
Mr. Sacco, President, and Mr. Powell of the Chamber of Commerce
met with the Board. Mr. Powell said the Chamber has worked with the
retailers and 86 have signed up for promotion days which will run
from May 22 to May 25. Fliers are to be sent to every resident of
the town which include coupons showing photographs of individuals
who work in the stores or own them. There will be a grand prize of
$600 for one or more persons to be brought into town and spend the
$600 in the participating retailers. A sidewalk sale is planned
for 10:00 a.m. to 5:00 p.m. on Saturday, May 24. This would be an
experiment for us and we:,would request approval of closing off
Massachusetts Avenue from -Waltham Street to Meriam Street.
Mr. Hutchinson said that the police department has been working
with the Chamber to make arrangements for detour signs, and man-
ning costs would be paid by the Chamber of Commerce. The Chamber
is investigating the hiring of Lexpress for the day to transport
the residents.
Mr. Kent said that this is an experiment; it is the kind of ex-
periment which, if it is successful, can generate analogous requests.
Other people may perceive this, and he would point out to representa-
tives of the Chamber that if successful the Chamber has got to be
somewhat sympathetic to other requests that may come that may not
be as specifically convenient for the Chamber as this one is.
Resigna.
Traf.Safety
Minutes
Treasurer
Stratham Rd.
Sewer
Addition
Chamber of
Commerce
Promotion
Days
Cemetery
Buil ding
Plans
Fair
Housing
Committee
Tax Title/
Willow
Ridge
Subdivision
Potter's
Pond
Conserve.
Restriction
Selectmen's Meeting
- 3 - May 5, 1980
Mr. Powell said that a flea market is planned for Thursday,
May 24, in the Countryside parking lot. Chairman Miley said she was con-
cerned about a flea market as the town has frowned upon people coming in
from anywhere and buying a table. You may have the tables but not sell
them. Mr. Busa said it had not been his understanding that Countryside
was going to sell vending space on private property as that is not al-
lowed. Mr. Kent pointed out a potential difficulty with respect to
the people on the Avenue using the public premises adjacent to their
establishments, and then telling other people that they cannot do
precisely the same thing. There;is.a fallout of other activity of this
character that we cannot ignore, and he did not think the Board can be
expected to drawunreasonablelines when other requests come in. Mr.
Busa said that the operators on the Avenue or Depot Square are not plan-
ning to take vendors from outside their organization. Mr. Sacco agreed
that they were not. He was not sure about Countryside and would check
it out; there are 15 people coming into that flea market and he did not
know if all of them are from Lexington.
Upon motion duly made and seconded, it was voted to approve the
Town Manager's recommendation and to authorize him to make arrangements
for closing off Massachusetts Avenue and Waltham Street to Meriam Street
on Saturday, May 24, from 9:00 a.m. to 5:00 p.m., subject to coordination
with the proper town departments.
Mr. Hutchinson informed the Board that the cemetery building revised
plans are scheduled to be completed the first week of June and appropriate
data will be brought to the Board at that time.
Mr. Hutchinson asked for the Board's comments on a questionnaire of
the Fair Housing Committee prior to meeting with the committee on May 12.
Mrs. Battin said that the committee plans to meet with realty companies
and local banks, and she suggested that they meet with someone from the
Council of Churches for input. The Board agreed to review the question-
naire.
Mr. Cohen asked the Board to .sign the deed conveying a tax title lot
to Mr. Tuttle of the Willow Ridge subdivision, which the Board had voted
previously to convey. The Board agreed to sign the deed conveying Lot 199
Hanson Avenue, including the fee to one-half of Hanson Avenue in front of
said lot, to Landsail, Inc.
r. Cohen asked the Board to sign the conservation restriction for
the Potter's Pond development.
Upon motion duly made and seconded, it was voted to sign the Con-
servation -restriction relating to land in the Potter's Pond development.
The Conservation restriction was required under the Board of Appeals'
decisions.
X35
Selectmen's Meeting - 4 - May 5, 1980
Chairman Miley welcomed_ Senator Rotondi and Representative Cole, and Legislators
turned the meeting over to Mr. Kent, legislative liaison. Mr. Kent said
that it is an important time for you and thus it is an important time for Prop. 2'
us in relation to you. We are all interested in knowing what alternatives
to Proposition 2 1/2 you envision coming out of the legislature. If that
carries with it something of an implication that we think something as an
alternative to Proposition 2 1/2 is necessary, that is a fair implication.
It appears from what we read that local aid is not likely to be increased
this year even to an extent necessary to take into account inflation. By
the same token, the tax capping legislation is still with us but it is not
with the legislature itself, it isnot with county government, it is not
with the MBTA. These are simply to express general concerns that we have
and ask if you gentlemen would like to kick off with respect to these,
after which there are a lot of people here who have matters in this
area which they would like to bring up as well.
Senator Rotondi suggested that the; Boar& send him :a list of items for
discussion at least a week in advance of meeting with the Selectmen. As
Vice Chairman of the Tax Issue Committee dealing with Proposition 2 1/2,
bill H5933 received an adverse report from the committee, and he had voted
against the proposal as it was written. Because the legislature won't be
completing action on this bill one way or another by tomorrow, additional
signatures will be needed to get this thing on the ballot; nobody doubts
that these will be obtained and it will be on the ballot. The Committee
on Taxation is right now involved in an alternative bill and they have a
May 22 deadline to release publicly the so-called alternative; he will
keep the Board posted.
Together with the 2 1/2 bill was the so-called MTA petition which would
tie state taxes to percent of personal income and would also ask the state
within the next couple of years to pick up aid to local educational costs
to the point where we then bear 50 percent of the total costs. The Boverini-
Collins bill of a couple of years ago had in it statutory language that would
do the same thing. We just don't have the revenue to even think about pick-
ing up 50 percent of the costs. That bill had an adverse report today from
the Committee on Taxation.
Representative Cole said that he shared the same position on Proposition
2 1/2, which he felt would pass and get on the ballot as it is an election
year and many people are going to vote for it. He did not think they would
have to get the necessary signatures. The only hope is if there is an
alternative proposition on the ballot, and the one that gets the most votes
is going to prevail.
Mrs. Battin said that the Mass. Municipal Association is concerned
about an alternative. She chairs their Tax Policy Committee and we de-
veloped what we felt were nine essential elements of any legislation and have
been talking to Representative Cohen about it. One of the things we felt most
strongly about was the idea of a local option - the citizens of each community
to decide whether to cap themselves or not, full knowing the consequences of
the cap on their own community. She did not know whether Rep. Cohen would
incorporate the major points or not.
Mr. Buse said that if you have adverse reports coming out and both are
so strong against 2 1/2, what alternatives do you have to propose some sort
of legislation to put some sort of a cap in that the taxpayers would be able
to live within. What percentage would be reasonable to put a cap on some
spending in both state government and local government?
Pensions
Selectmen's Meeting - 5 - May 5, 1980
Rep. Cole said that you can't pick a percentage. Associated Industries
of Massachusetts has a plan in here too which, on the surface, might'not be
too bad. They are all trying to make it as easy on the taxpayers as they
can but not to stunt growth on the state. He was not as pessimistic about
the Mass. economy as he was a few months ago as he feels we are being bailed
out by high technology; our enonomy is not in as bad shape as the rest of
the country. Mr. Buse said there should be some sort of legislation to
try to curb some sort of spending; Massachusetts has a history of it.
Sen. Rotondi said that public pressure is great on everybody as far as keep-
ing solid budgets; most likely, there will be some sort of tax cap in the
senate proposed on the ways and means side - that will probably happen;
if not, there will probably be an amendment on the floor in that area.
Sen. Rotondi said he would support some reasonable cap on state spending,
but the problem is if you start capping the state spending, you start
cutting the local aid. You have to be careful what you cut. He had
recommended that the sunset legislation be incorporated in the senate
ways and means side again, and we'll see what happens. To take a look at
the agencies' functions and find out what is duplicative and what is
anacronistic, and see whether we can shift some personnel - all of these
things make sense in dealing with the cost of running state government.
He was not sure that an arbitrary cap is the answer. Personnel costs are
the major part of our state budget, and the Civil Service Commission, which
he chairs, will be recommending significant changes in the way state govern-
ment personnel systems are run, how they are managed, and inter -agency use
of personnel. That type of approach makes more sense than arbitrary limits.
His committee is supposedly coming out with an alternative to 2 1/2, and he
would be very careful about supporting any mandate on further limits on
cities and towns without some sort of local option pro! ision. Rep. Cole
said if you gave us in the state the same exclusions you have in the towns
of a cap, we might be pretty close to the 4 percent; he didn't know how it
will end up but it left the House with a 5.9 percent.
Mr. Crain said in regard to the high technology, he hoped that is no
false hope. We are going to feel the downslide which historically this
region does slower than the rest of the country. He was not persuaded yet
that we have sufficient total population committed to high tech that we are
not going to feel the recession. He applauded Senator Atkins's plea today,
as•,_thereare people, -because it is an election year, who might have hope
that he was not persuaded is well founded. He applauded the approach to
looking at personnel costs because it is a labor intensive business that we
are in.servi:ding- ndustry-like stategovernment and the kinds of changes
that the Committee on Civil Service is considering will give management
and give government a chanceto appraise and to eliminate people and re-
place with better people, with full realization that the Senator is en-
deavoring to face up to establishing what the true proportion of unfunded
pension liability is - which is an insidious cost of personnel that we are
not paying for and we should be.
Senator Rotondi said the state is doing all right as far as funding
pensions. The cities and towns have not been doing as well4 two years
ago, we authorized by statute that the cities and towns begin to fund
pensions, and many communities have chosen not to do it, and that is a
very dangerous situation.
Selectmen's Meeting
X37
- 6 - May 5, 1980
Senator Rotondi said on the issue of capping, the bill that exempted Energy
the increased energy costs from the 4 percent cap is on the Governor's Coss
desk right now. The House and Senate passed it and we will see what
happens.
Apparently, the local aid situation as we see it right now is at Local
the $1.6 million figure over last year. Mr. Kent said in practical Aid
effect, we already have a cap on local aid. Bearing in mind the notions
you have about not dealing basically in percentage caps, there are per-
centage caps here; there is a de facto one with respect to local aid -
what about counties and the tremendous charges that are being imposed
upon us with respect to county government generally and with respect to
court costs specifically where we believe the state has an obligation to
fulfill its own proposition that state court costs are a responsibility
of the state and not the counties, and thus not the .property tax of the
municipalities? Are we going to get anywhere with that?
Rep. Cole said not too far. In the budget, there was an increase on,
the court costs - Mrs. Battin said 6.6%.- and it came to about $11 million
on the total budget. The problem as far as Middlesex County when they had
jurisdiction was that they were charging about $1.40/sq. ft. and when they
put the bill into us, it was for $10/sq. ft; this was away above what we
paid for any rental facilities all over the Commonwealth - we go $4-$5/sq.ft.
over the Commonwealth, and it doesn't seem right particularly to those on
Ways and Means that we should pay more to Middlesex County than anyone else
to run facilities. Mr. Kent asked if the ownership of court houses and all
the costs including debt service should be fairly assumed by the state and
not by property tax passing through the county form of government?
Sen. Rotondi said yes, ideally; statutorily, that's the way it was created
and we never intended for the state to pick up and fee the physical court-
houses of the Commonwealth.as we knew we didn't have the money to do that.
We knew we would probably end up with a rental situation for purchase,
using rental as a mortgage -type thing and amortizing it over a period of
years, but we knew that nobody had the expertise at that point as far as
knowing the ownership of county courthouses and the ability of the Common-
wealth to pick up that financial burden. We created a group which had
never met from the beginning, we created a procedure by which the County
Commissioners could petition the administrative officers of the Chief
Justice to hold public hearings on the issue of the cost of court facili-
ties - and none of this was ever done. The County Commissioners were
rightfully upset and in last year's budget, the Governor gave a rediculous.
sum to court rental, which was finally increased somewhat but was still
quite low; they went the political route in scaring? up the local cities
and towns instead of going the formal route, and that just prevented and
delayed any type of formal local situation. That situation has been looked
at formally now by the so-called commission, which will ,be giving its report
publically on May 15and we will be hearing exactly what that commission
recommends as a fair amount of costs. He hoped at that point that the
state assumes those costs. County government is talking about $27 million,
the Governor about $5 million, and the legislature at this point about
$17 million; somebody is away off. The Governor is totally unrealistic
of dollar per square foot and he is totally off because he has reduced
the square footage of corridor space and common passageway space in our
courthouses. The pressure is going to be exercised not only to legislators
but on the Governor himself, who is really the cog in the wheel; he is the
Selectmen's Meeting
- 7 - May 5, 1980
one who is most adamant about the low figure;. the rest of us are willing
to put this money up. He felt that this would be a severe hardship not
only In these economic times but it would be totally contrary to the
intent to lift off the cities and towns the cost of courts. He would
point out that other functions of the courts have been picked up by the
state; naturally, we pay them through our income taxes but they have
been spread out to be across the board throughout the Commonwealth.
These costs are not seen any mare. The administration of the courts
is better off than they ever were and court performance is a positive
thing, notwithstanding this problem which we hope to solve within the
next couple of weeks.
Mdlsx. Mrs.. Miley said one issue that seems to have slipped by, except for
County/ the Middlesex County Advisory Board and they are well aware of this, is
State that for many years the county has been housing prisoners of the state
Prisoners and they have never received a penny for it - in other words, the tax-
payers have.never received a penny. Rep. Cole asked if they have billed
the state? Mrs. Mileysaid she had heard that they have. This is some-
thing she hoped both of them would look into for the Board.
Mr. Nyles Barnert, Chairman of the Capital Expenditures Committee,
said if income goes down, income tax revenue of the state goes down;
there are already reductions in car sales so sales tax and car revenues
have gone down; there is less driving, so gas tax revenue 3:s going down.
My feeling is that one of the places that will be cut will be in local aid.
How stable is the future of local aid? Rep. Cole said he cannot be optimistic
about local aid in the future unless you raise more taxes. What Mr. Barnert
says is true and there is every possibility that these tax revenues will go
down. If you are going on the whole subject of county government and all
the rest, there is a difference of opinion on the Board on the approach to
it. Ten years ago he had said that the only way you are ever -going to
eliminate county government:.tsuby taking away piecemeal, and he was speak-
ing strictly for Middlesex County as in other counties where it is run very
well, you could not talk them out of it. Get the courts, and if you go
after the hospitals and jails, you take away their patronage system; once
you take that away, they lose their quality. Mr. Kent said that he did
not feel there is any disagreement on the Board whatsoever about our
approach to Middlesex County. Sen. Rotondi said that the former Governor
in his last budget did develop a county mechanism and.he tied a certain per-
centage of the increase in sales and income and corporate tax to local aid;
of course,. that is all subject to appropriation. This was a local aid cookie
jar and it makes it very difficult to put your hand in that cookie jar
these days as long as you identified it and tied a percentage to it; when
you leave it vague, you leave it subject to arbitrary political considerations.
The state's funding procedure is age-old in its capriciousness, no matter
what you look at.
Due to pension studies, we are going to look at in some sort of way
to tie the state -into not only the:_cities-and-towns' aspect of funding
its own state pension system, although we've got a good sum in there, since
the retirement of our commission made the report, we have really been
stumbling and trying to grab this money anywhere we can. Last year, we
went to a transportation bond issue to fund pension liabilities. This
shows you the condition we are in in relation to this. He thought the
Selectmen's Meeting - 8 - May 5, 1980
Town Manager/City Manager form of government has had mostly positive re-
sults. We need professional managers right in that executive branch to
do the same thing that managers do throughout the state..to put some
rhyme or reason to what we have funded and how we have funded it in
order to give some stability to the funding mechanism; otherwise, you
won't get it.
Mr. Hutchinson said he appreciated the thoughtful work that has gone
on in the Civil Service reform. He has talked with Rep. Cohen recently
and he knows that the taxation effort is going forward, and he under-
stands that May 21 is when we should look for an alternative. Are you
saying the legislature will probably bring out an alternative to 2 1/2?
Is that a fair assessment throughRep. Cohen? Rep. Cole said no, but
that's what it appears. Sen. Rotondi said nobody wants to face this
2 1/2 head on. Leadership realizes that they are responsible and they
want to head it off somehow with a reasonable alternative. Mr. Hutchin-
son said that he and Dr. Lawson have talked about if our unions come in,
it is an opportunity for labor and management to really look at this and
see what can be done as an alternative and maybe get to tax reform.
People have asked if-, assuming the basic bill, the petition, is voted,
thelegislature has the right to make changes to something that has been''
voted at the referendum? Sen. Rotondi said that particular statute in
its implementation cannot be changed but you could pass a statute to
repeal that statute any time you wanted` to. Mr. Hutchinson asked if we
are going to see something in this legislature on tax reform, or are we Tax
just going to see a legislative alternative? Rep. Cole said he would Reform
guess that you are going to see the alternative.
Mrs. Battin said that her committee was concerned about the whole
issue of tax reform and they are trying to develop a complete package
as we have been negotiating with Rep. Cohen particularly on the alterna=
tive sources of revenue lessening the reliance on the property tax. He
admits those are necessary and part of tax reform but he did not see it
a part of this year; he would not plan to file it as part of his alterna-
tive to 2 1/2 but they could be separate bills that could be introduced
next year, so we may be backing Into tax reform. That was his plan of
a couple of weeks ago.
Sen. Rotondi said there are bills that are important to many members
of this Board that deal with the power_of the Advisory Board over county
budgets. Those bills are being held by the Committee on Counties and he
was given the answer today by the Chairman on the Senate side that the
reason was S2011 was recommended favorably. Mr. Hutchinson said our
initial estimates show approximately a $300 million revenue loss, and
it may be more, and that is one of the things we are working on a
formula now. The 2 1/2 percent is on your levy that you can only raise
2 1/2 percent each year, yet counties have the right to charge us 4 per-
cent, and in looking at it it seems you can't gain anything from new
economic growth in taxable property. From a business standpoint, it
seems that this would discourage towns from looking at and welcoming
industry.
Selectmen's Meeting
- 9 - May 5 , 1980
Mr. Crain said we are talking about a budget which has many fixed
items, such as the cost of our debt service, pensions, health insurance,
heat and fuel, and motor vehicles, so when you come down to the $3 million,
which would be a 12 percent reduction, where that is going to come from,-
that
rom,that is laying people off and that's what we are talking about.
Dr. Lawson, Superintendent of Schools, said that unlike California,
we don't have a million surplus, and we don't hear enough being said
about negative effects that have occurred in California to many con-
stituents.as a result of Proposition 13, nor have we heard about the
effect on children. He was not sure where our legislators are going
to be and whether they are going to communicate. Rep. Cole said he has
been vocal on 2 1/2. Sen. Rotondi said that he has been also, and it
is good to look at the overview; people feel 'we are:•no longer capable
of doing it. You will see a revenue tax cut statute pass.
Mr. Crain said that Dr. Lawson has focused on a point that all of
share, and that is the emotional appeal of 2 1/2 and the proponents will
make it known. It is incumbent upon us to make it known, and there is
the great difficulty that all of us will have in orchestrating a logical
campaign of information so people will truly understand what they are
voting for. It is incumbent on those of us who hold office to coordinate
this orchestration; otherwise, it is going to zip through and then we are
going to be in trouble.
Mr. Pierce, Tax Policy Committee, asked if fees for services can be
legally substituted for taxes under the various petitions for legislation?
Can towns get around the effect by charging more for services?
Mr. Hutchinson said yes, and we will have to look at doubling our
water rates, etc. In talking with Rep. Cohen the other day, he was talk-
ing about $700 million to almost $1 billion revenue loss to cities and
towns - that's a lot of money to make up. We, through our Tax Policy
Committee with Dr. Lawson as a member, will be trying to address this
impact and come back to the Board saying these are some of the things
that are happening and you are going to have to give us policy decisions
on what types of cuts you are going to institute, and it may be a more
aggressive approach in some instances.
Permit Mrs. Battin said to get back to the. question about revenues and can
Fee we raise them other ways than taxes, one of the problems is the statutory
Increase limit on fees, licenses and permits that we have filed legislation to try
and get that eliminated because now they do mot even pay the cost of the
paperwork, and we do not have the latitude to do it. One of the new pro-
posals is called "Jobs for Massachusetts" that Rep.. Cohen is looking at
favorably is the limitation in the total of state and local revenues
based on statewide personal income and 1979 total state and local revenues
were 17.2 percent of statewide personal income; there would be an increase
of 1 percent more to cover pension costs and total revenues would be pegged
at that level of a percentage of personal income and you have the latitude
within the community to change the mix between taxes and other sources of
revenue but you couldn't just unlimitedly go get other sources of revenue
and extend it so that there may be a cap on overall revenues.
Rep. Cole said when you increase fees, etc., they are drops in the
bucket compared to the overall picture.
1
Selectmen's Meeting
- 10 - May 5, 1980
Mrs. Swanson, School Committee, said she did not hear a great deal
about places to save money in localities and she had asked about a.very
specific area of when we go out on a, contract for .painting, we: can't
just go out and take the lowest bid. We have.to force the bidder with
what she feels are exhorbitant salaries and build those into the bids.
She could go out and get her house painted for half of what it could
cost for the school to go out; we, have to pay exhorbitant salaries
mandated by the state, and it is unfair to force taxpayers to pay more
than anybody else simply because it is from a municipal government.
The same thingapplies on our transportation bids and we are forced to
pay higher salaries than bus companies do because the state tells us to
do so. While we are all worried about where we are going to raise more
money, is anybody thinking about those things that we shouldn't be rais-
ing money on in the first place? She hoped that somebody will be looking
at that. Rep. Cole said that this is true; they were mandated years ago
and it probably was the union influence that got them in there originally.
Massachusetts is well known as a union state and it is difficult to change
it in the legislature. As Sen. Rotondi has suggested in the sunset laws
to get rid of some of the agencies that cost us money; they probably
shouldn't be in existence anymore.
Sen. Rotondi said the MBM legislation deals in part with finding
better ways of increased competition in public bidding, but you are
not going to get the union flavor out of those restrictions. We had
a favorable report on the bill in committee but it lost 30-2 in the'
Senate. You will not see a change in the near future and as a legisator
it upsets me.
Mrs. Swansonsaid that people will vote for a tax cap if that is the
only way they can make things happen that should be happening because no-
body wants to come to grips with it.
Mrs. Battin said she had testified this morning before Senator Atkins Local
and the Senate Ways and Means Committee for increased local aid. One of Aid
the things we asked for was that we get 50 percent of growth in state
revenues from the growth taxes or conversely we get some way of dealing
with existing.mandated expenses - exactly the kind of thing Mrs. Swanson
is talking about- the rules and regulations that it imposed additional
costs on us, the legislation that does. They were very interested and
asked for specifics. We hada list of the ones that required changing
rules and regulations, ones that required legislative change that would
relieve us of costs but not impose additional costs on the state, etc.
They asked us to get the wording to them within the next four or five
days and they are willing to carry it through, although they doubt they
could give us more revenues.
Mrs. Elaine Dratch said the problem with the Governor's budget is the Home
underfunding of the Department of Elder Affairs for the Home Care agencies Care
which are providing right now about $50 million this year and in order to Agencies
continue they need between $60-62 million. The Governor is recommending
that the budget be maintained at the same level which decreases the
amount of services that can be provided.
Sen. Rotondi said he would support the $62 million limit.as Home
Care presents a whole new dimention when hospitals cannot keep patients.
Selectmen's Meeting
- 11 - May 5, 1980
Human Mr. French, Reed Street, said the neighbors have been discussing
Service human services with the town, specifically looking to coordinating our
Facilities efforts on the Department of Mental Health at the state level, which
freely passes out advice to the various area boards and others on how to
deal with local officials to overcome objections and overcome zoning re-
quirements that are presumed to be stacked against them on such things
as community residences:. There is essentially no requirement in the
policy statements or regulations they put out for coordinating with
any other agency, local or federal. As a result, in our neighborhood
we have five programs, all of which are presumed to be there to soak
up the character of the neighborhood. Mr. Jackson said that we want a
means of creating an equity or equaldistribution of programs throughout
communities rather than have one area based on land mass, lower costs or
buildable land to be the area that absorbs these programs or frankly
we want to get some money back from the taxpayers.
Rep. Cole said he would recommend S 1113 which addresses the problem
and deals with human services and it gives the chief administrative officer,
the Board" of Selectmen, the right to comment within 30 days and if they need
more time they can get an additional 10 days; they can be overruled and
then they have the resource of the courts. It gives cities and towns the
chance to participate in the problem.
Mrs. Banks said a group of officials who work with human services at
the local level have had this as a priority issue, to give municipalities
the right to have some control over the community residences. A bill has
been submitted to the legislature which would specifically give municipali-
ties the right to establish limitations on the number of community residences
in neighborhoods. There would be an appeal of the agencies who are pro-
posing the community residences back to the state. It would be similar to
the type of control we now have over our wetlands. A lot of people have
participated in putting it together and there is some concern at the state
legislature because it does provide for some funding to municipalities to
offset the costs that they incur; there is some concern that the state
does not have the money to pay for this, and the Association of Local
Officials feels that regardless of the funding the issue of giving
municipalities the right to regulate the residences is such a critical
issue that the bill should be passed.
Mrs. Battin said it does actually say iiv,the,legislation filed
that any city or town may adopt an ordinance or by-law establishing
requirements of permits for community residences. It also requires the
Executive Office of Human Services, which is more than mental health,
to keep an index of all existing and proposed community residences
that any of their departments were planning to establish, and that the
cities and towns must be notified. Which again gives you the data with
which to coordinate. There is an actual amount of dollars per bed which
would go to the cities and towns to help relieve us of the additional
expenses, but that may be a stumbling block.
Sen. Rotondi said this whole issue is really coming to light and,
unfortunately, it takes a couple of years of bad experience before it
has come to light. It came as a result of a move of deinstitutionaliza-
tion in the area of Mental Health; it came as a result of court decrees
that followed that issue and the issue of upgrading institutions like
Fernald. Different agencies, Mental Health in particular, developed sub-
groups that began to deal with this issue and they were not even correspond-
ing with their brother agencies - Public Health fought Mental Health on the
issue of need and the building of these facilities and the upgrading of
1
1
Selectmen's Meeting
- 12 May 5, 1980
existing facilities. There was a war on there and that was finally settled.
He said that he had not had the experience of the whole residential facility
thing, which he supports in concept, until it hit his town of Winchester
and the way in which it intruded itself into the community. There are bills
pending now in the legislature that we are moving on which wouldrequire any
agency AO give .adequate 90 -day notice to any community in writing before
anything happens, before purchase taking place. There .is.however a counter
move in this area by the establishment and passing legislation that would
allow a board to be established to the executive branch to be able to take
care of what we call surplus property - the designated use of property
notwithstanding zoning board ordinances; that bill is now dead and we
didn't see it revived this year. It is a very serious issue, as has been
expressed by these residents, and it has to be addressed this year.
Mr. Jackson, Reed Street, said that he,w gaing -fo agai! fot cthis . If
you look at the total picture of services to the community you are supposed
to deliver, it is his feeling that a fair opportunity should exist for all
people, and some fair distribution should exist within a community so that ,
not one area gets saddled with it. He asked ifthe proposed legislation
is clear enough to deal with Sen. Rotondi's concerns and with his?
Sen. Rotondi said yes, H 2029 deals with -it but keep in mind that the
state is not now mandating the communities where those facilities go; all
it does is allow for authorization of lease, for these respective agencies
to come into a community to lease or purchase those premises. At that
point, it is up to cities or towns to deal with the issue of occupancy
permit - to deal with other type licenses which come and eminate from the
town itself. In Winchester's case, there was not enough notice but there
was no question that Winchester could have prevented that thing from happen-
ing if they were involved early enough. On the issue of cluster or repre-
sentation of a fair mix of those facilities in any given community, it is up to
the Board of Selectmen of that community.
Mr. Cohen said he agreed with what Mr. French said but finds it incon-
sistent for Mr. Jackson to say he was going to push on the local level. In
fairness, Senator Rotondi, he did not think that the cases support what ye.0
have said. First of all, the fact that all of this legislation has been filed
thowed there is need for legislation before localities can ciineand regulate this.
Secondly, as Mr. French said, the cases have gone very far in saying thatthere
is very little local control as far as zoning restrictions are concerned. Yes,
you can require some parking and allow certain setbacks where something like
occupancy permits, but as soon as the Building Inspector goes and finds that
everything has been met, he did not think the residents of the particular
area, as represented here, really feel that is sufficient because there is
no question that the houses can be put in order and occupied - and certainly
the houses in that neighborhoodare not run down; that isn't really the issue.
The issue is how you •get something passed whereby the local communities can
say, as they suggested, there are five in this area and there are none in
another area, and while we don't want to exclude you from town, we do want
you to go into this other area. Mr.: Cohen added that there is nothing on this
right now.
Senator Rotondi said the state shouldn't have to clarify the statute;
right now, local control is there Inst of the time.
Selectmen's Meeting
- 13 - May 5, 1980
Mr. Cohen said that many of these come in under the guise of educa-
tional uses, and there is no way Winchester could block that.,
Senator Rotondi said in this case, it wasn't but because of thee.
multi -residence aspect, in most of these places there are ways. Woburn
li.as a.situation dealing with educational use and they don't have an
occupancy on it right now; they are handling it in their own way, pend-
ing clarified legislation.
Mr. Cohen said what happens is, these agencies come in and even an
agency that is respected by the town and has worked with the town
walked into the Building Inspector and handed him the decision and said
you can't do anything about this anyway. That is their approach right
from the beginning.
Mrs. Banks said that we have found in talking with the Health Director
that because it is a state facility or funded through federal monies, he
can only inspect it if he is requested by the state to inspect it -
which, in fact, some of these places do. From a health standpoint, we
have very limited control on these facilities. The Mass. Municipal
Association, working with the local officials human service; councils,
has done a tremendous amount of research on this and what has been shown
is that towns are not trying to push these places out but some communities
have been inundated with these facilities, and there is a need for some
local control over the amount in numbers.
MBTA Mrs. Dratch, Transportation Advisory Committee, asked for assistance
Chaircar in obtaining the chaircar for Lexington. Rep. Cole advised her to call
the MBTA liaison, Mr. O'Brien, and he would also call Mr. O'Brien on the
status of the chaircar.
MBTA Mr. Zabin asked for comments on H 3519 and H 3278 as the League of
Manage- Women Voters supports these bills -dealing with the MBTA management.
went Senator Rotondi said they are in his committee on public services
and a subcommittee chaired by Rep. Cohen of Newton. The committee has :.
Pension already voted overwhelmingly on the bills and they will be coming out
in a re -draft form. H 3519 will be the lead bill and it does re-establish
some managerial rights; its chances of passage are slim because of the
strong presence of union and he will be supporting the bills. These two
bills dealing with pension and management prerogatives will be coming out
by May 21. If you tie the pension bill to 3519, you put the union in an
interesting position because the pension bill is much to their benefit
and the other to their detriment. We are trying to cause some real
attention to trade-offs.
Retire-
ment
Mr. Perry, Comptroller, hall :i two .questions regarding retirement.
(1) What has happened to the Retirement Law Commission's legislation that
has been proposed for the third or fourth time for a method of funding?
Are there any other methods of funding that committees havesubmitted?
(2) In connection with the sick leave legislation that the legislature
passed and the Governor signed last year, what happened to that in as much
as the techers did receive a restraining order to withhold the implementa-
tion of that law?
5
Selectmen's Meeting
- 14 - May 5, 1980
Sen. Rotondi said at this point you have given the status of the later
bill dealing with the definition of regular compensation. The court has
issued a restraining order pending a hearing on the merits of that case;
apparently, that put in limbo the whole question as to whether retirement
boards will be certifying sick leaves or cumulative sick leave ,and .early
retirement set of bonuses from being used as a basis for compensatid.n.
Legislation never intended to interfere with those employees who had be-
gun a period of time that led to an early retirement situation if they
agreed to get out in two years instead of five and they were in that two
year period. We don't believe that legislation should controvert that per-
son's reliance in good faith upon a change of conditions in his or her life.
We never intended that to happenand he did not think that the court would
allow it to happen legally. But we did intend prospectively to prevent that
from happening again. We have heard a lot about state mandates today and
here's where cities and towns got us back - here's where school committees
began dealing prospectively with subtle, invisible benefits instead of
dealing with large, up -front benefits that affected in any way and in-
volved property taxes in a real way. We are happy that we put an end to that.
We know that public employees are upset and we can sympathize with many of
them who relied upon it. They will not be prejudiced and if the court rules
that they will be, he will file legislation to make sure they won't be.
But certainly in regard to anyone who has been given the benefit of accumu-
lated sick leave, here is a situation where a person goes to work that day.
is paid , doesn't take a sick day arbitrarily is paid again a figure for
that sick day. It is accumulated and then it adds itself to the last year's
salary. It is absolutely an irresponsible thing to do, and that's why we
did away with it.
Sen. Rotondi said in relation to the retirement law commission's pro-
posal dealing with full funding, we have tried to meet that schedule as
best we could. It is haphazard and we have not defined any funding schedules
at this point different from what they have recommended. They have also
recommended varying degrees of monies to better allow them to upgrade their
fund. They want the Treasurer at the beginning of that fiscal year to go
out to the market, borrow at a certain percent, give the retirement com-
mission all that money from the next year's fiscal liabilities and have them
be able to invest those funds.. We understand that may, be illegal, and we
have legal counsel studying that right now. In the area of funding, an
optimum plan has been developed by two individuals on what the unfunded
liability is and how you meet it. Our commission will look to secure con-
sultant agreements with these two individuals to decide how their optimum
plan deals with the other plan. Next year we will have a better idea of
how they match.
Mr. Kent asked for comments on the possibilities of LEXPRESS funding LEXPRESS
under Chapter 393, Acts of 1979, Section 2 -to use a designated amount of Funding
State Highway Funds to finance public transportation projects.
Rep. Cole said that is the budget for last year and Section 2 it the
line item under the Secretary of Transportation and Construction, and more
probably under Public Works. It would take a stretch of the imagination
to try and fit it in with one of those line items but he would like to see
the back-up material. Mr. Kent said that we will communicate with you more
specifically and in more detail about that particular item immediately.
4V
Selectmen's Meeting
- 15 - May 5, 1980
Hanscom Mr. Kent asked the iegialatarsfor their best efforts on the Hanscom
Field Field Advisory Commission legislation. He said that the Governor apparently
Adv. showed a distinct interest in this at one time in terms of how such an ad -
Com. visory committee on a permanent basis should be peopled and appointed. We
understand he has now withdrawn from that position and if the legislature
will pass the bill in the form in which it presently exists, we are in-
formed that he will sign it.
Rep. Cole said that the area legislators are meeting with Senator
Atkins this week.
Mr. Crain said this relates to another public involvement of his,
and it is an interesting extension of the Special Commission on Building
Contracts. His personal experience with the University of Massachusetts
situation is that it is an outrageous situation and there definitely
should be an extension of that commission.
Rep. Cole said he had no problem with extending the commission.
Bills have been proposed and some bill will get through either in the
existing form or not.
Mrs. Jacquelyn Smith, Chairman of the Hanscom Field Advisory Committee,
said that a public hearing will be held in Cary Hall on Thursday on a draft
noise rule for Hanscom Field. This is the culmination of a five months
study by Massport and the Hanscom Field Advisory Committee, and we have
been working on the mutual goals of both the communities and Massport,
which is to control noise in the communities. Mrs. Smith asked for
support at the hearing on HFAC's position on the noise rule, which is
to accept it and have an active 18 -month review period in which to
evaluate the impact. Mr. Kent said that the Board of Selectmen has
already voted its support of that measure.
MBM Legis- Senator Rotondi said that he and the Senate will be supporting the
lation MBM legislation as it has brought forth information which needed to be
known.
MBTA Mrs. Miley spoke personally, and she hoped for the rest of the Board,
Board against the recommendation that there be a new type of META Board, as the
cities and towns would be losing their jurisdiction. She felt there was
enough input from the state as the Governor is able to appoint the budget
people, who are the Board of Directors. We should maintain everything
that we can in the input. Rep. Cole asked if Mrs. Miley agreed with the
portion whieh says that the General Manager and the Chairman of the Board
should be two distinct jobs? He had opposed it when they were combined
and he was all for separating them now. Mrs. Miley agreed. Rep. Cole
said that he felt it could be won this time.
Civil
Service
Senator Rotondi said that there was no discussion on civil service
this evening but he would like to thank Mr. Hutchinson and Mrs. Banks for
the tremendous help they had given the commission. We are virtually using
Lexington's plan on the operation of its personnel system as one of the
alternatives in our report.
Chairman Miley thanked Senator Rotondi and Representative Cole for
meeting with the Board and they retired from the meeting.
Selectmen's Meeting
- 16 - May 5, 1980
7
The next order of business was the organization of the Board. Organization
The Executive Clerk conducted the meeting and called for nominations
for Chairman of the Board. Motion was._made and seconded nominating
Mary W. Miley as Chairman. No other -nominations being made, it was moved,
seconded, and voted that nominations be closed.
Motion was duly made and seconded. to elect Mrs. Miley as Chairman,
and the Clerk cast one ballot for Mrs. Mary W. Miley, Chairman of the
Board of Selectmen for the ensuing year.
Chairman Miley expressed her appreciation for the cooperation and
good will of the board members during the past year, and also thanked
the Manager and his staff, the Selectmen's staff, and Mr. Cohen, Town
Counsel.
Mrs. Carol Perez, Chairman, and members of the Human Services Com-
mittee met with the Board.
Mr. Hutchinson said that there was some discussion by the Board
regarding a process for looking at services provided by Mystic Valley
Mental Health and it was our intent to invite M.V. representatives to
a subsequent meeting. We could talk briefly about the criteria that
should be applied to the assessment of services being provided by M.V.
Mrs. Perez said the Human Services Committee has made suggestions
for the kinds of questions the Selectmen may ask M.V.M.H. The committee
feels that the agency appropriation should be given to them on a quarterly
basis, and before each payment the Selectmen would have some questions.
The answers provided should demonstrate that the agency is performing in
an effective manner and with good financial management. Should the
Selectmen determine that this has not been demonstrated, the quarterly
payment would be withheld. The committee has many concerns and the
following questions are only a beginning: (1) Would M.V.M.H. identify
in greater detail the criteria which they utilize in evaluating benefits
such as, but not limited to, those received by pre-school, teenage, and
elderly populations. (2) What resources within Lexington would the agency
advise reenforcing for these outcomes? (3) M.V.M.H. must show a balance
sheet and/or operations statement. (4) How much money does the agency
spend for what? (a) What portion is spent to provide direct services?
Define direct services. (b) What portion is spent to provide administrative
services? Define administrative services. (5) What has been done to remedy
internal control weaknesses?
Mr. Marshall, Human Services Committee, said regarding #5, in our
original list of questions to the committee of M.V.M.H. Association, we
had two questions concerning control weaknesses, and they did not answer
to our satisfaction. What might be recommended is perhaps a follow-up
review by the CPA firm and a letter stating that the internal control
weaknesses have in fact been quantified.
Mr. Buse suggested that the concerns of the Human Services Committee
be sent to M.V.M.H. and have them either respond to us in toto or in part.
They asked for a meeting with the Board and for us to constantly ask them for
information and ask what their performance is, it is fruitless for us to
Human
Services
Committee -
M.V.M.H.
vkcb
Summer
Meeting
Schedule
Executive
Session
Selectmen's Meeting
- 17 - May 5, 1980
spend our time, and he did not think the Board or the Human Services
Committee should pursue them again and again to meet the criteria or
ask the questions that the Human Services Committee has put to them.
Mr. Crain said that this is exactly what we looked to the committee
to do and they have framed some good questions for us. He proposed
to move along the strategy Mr. Busa suggests, which is to now com-
municate this to M.V.M.H., assuming they are going to respond, and
if they choose to meet with us, fine.
Mr. Kent agreed.
Chairman Miley thanked the members of the committee for doing so
much work in such a short space of time, and the Board appreciates
all the work that has been put into this.
The Board discussed the summer schedule of meetingsand agreed to
meet on June 9 and June 23; July 7 and July 21; August 4 and August 18.
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 10:20 p.m.
A true record, Attest:
Executive Clerk, Selectmen
/
SELECTMEN'S MEETING
MAY 12, 1980
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, May 12, 1980, 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. Mr. Crain was absent.
Chairman Miley opened the hearing on the petition of the Boston Edison Conduit -
Company to install 10 feet of underground conduit in Spring Street. Notices Spring
had been sent to the abutters and also filed with the Public Works Depart- Street
ment. Mr. Malas, representative of the Boston Edison Company, requested
that the petition be tabled as conditions at the site and the plan as
submitted do not correspond. A new petition will be submitted at a later
date.
Upon motion duly made and seconded, it was voted to table the petition
of the Boston Edison Company for the installation of 10 feet of underground
conduit to service #39 Spring Street.
Chairman Miley opened the hearing on the petition of the Boston Edison Conduit
Company to install 6 feet of underground conduit in North Street. Notices North
had been sent to the abutters and also filed with the Public Works Depart- Street
ment. Mr. Malas, representative of the Boston Edison Company, said that
this work is necessary in order to provide electric service to a new house
owned by Hall & Company. -Chairman Miley read a report from the Acting
Director of Public Works recommending that approval be granted.
Upon motion duly made and seconded, it was voted to grant permission
to the Boston Edison Company for the following location of conduit:
North Street, easterly, approximately 555 feet north of Carl Road,
a distance of about 6 feet - conduit.
Chairman Miley read a request from the New England Telephone Company Poles -
and the Boston Edison Company for approval of a joint pole relocation in Hancock
Hancock Street. A.repo.r:t from the Acting Director of Public Works recom- Street
mended that approval be granted as this work is necessary due to recon-
struction work in Hancock Street.
Upon motion duly made and seconded, it was voted to grant permission
to the New England Telephone Company and the Boston Edison Company for re-
location of poles in Hancock Street on the southerly side, approximately
229+ feet west of Hayes Avenue, one pole 42/16. Two poles, 42/16 and 17
to be removed.
Mr. Michael Hanlon, Town Engineer, met with the Board. Mr. Busa said I/I
that a subcommittee met last Friday to select an engineering firm to go Study
forward with the second phase of the Inflow/Infiltration Study, to be known Phase II
as the Sewer Systems Evaluation Survey (SSES). Fifteen to eighteen pro-
posals were received and although all were similar in detail, there were
three outstanding finalists. The Manager, a member of the Sewer Advisory
Committee, Laura Nichols and I recommend an award to LEA - Linenthal
Eisenberg Anderson Inc. - for approximately $250,000. We have $75,000
appropriated and we have funds allocated in the vicinity of 90 percent of
the original contract, and we hope to have it awarded and go forward as soon
as possible. Mr. Hutchinson said the only thing that is firm is our own
Millbrook
Valley
Relief
Sewer
Contract
80-2-E
Sewers
80-1-E
Patricia
Terrace
Sewer
Selectmen's Meeting - 2 - May 12, 1980
$75,000; 75 percent up to 90 percent will be federally funded. Mr. Hanlon
said that the estimate contained in the proposal for $250,000 is just that,
an estimate, and it is based on the scope of the work defined by Whitman &
Howard when they finished their I/I Study. That could significantly change
upwards, partly based on the Millbrook Valley sewer; the scope of the work
may change and probably increase. We have made a recommendation that LEA,
is the firm to do the work. They would then find the scope of the work
but will not be able to proceed until we get the grant.
Upon motion duly made and seconded, it was voted to designate LEA
Group Engineers-Linenthal Eisenberg Anderson Inc. as the Consultant with
respect to the second phase of the Inflow/Infiltration Study, subject to
negotiation of the full contract and the availability of federal funding.
Mr. Hanlon, Town Engineer, reviewed the proposed MDC -Millbrook Valley
relief sewer. The MDC is preparing the Step 1 facilities' plan through
their consultant, Weston and Sampson,. and the last public hearing is to
be held on May 15 at Cary Hall. Our Phase II Sewer System Evaluation
Survey will help us with our problem with excessive infiltration/inflow,
but also contributing to this problem is the lack of adequate downstream
capacity in the MDC interceptor system. We feel that the ultimate solu-
tion to our problems is twofold. First, the Town of Lexington should
eliminate all excessive infiltration/inflow that can be cost effectively
removed; second, the MDC should construct the proposed Millbrook Valley
relief sewer to provide adequate downstream capacity.
Mr. Hutchinson said that we have not heard anything at this time to
make us oppose it; we all benefit and we need this as much or more than
anyone, and will heltp.:us with our problems dn the SaddleClub area.
The Board agreed to write a letter to the Metropolitan District Com-
mission in support of the recommendations contained in the "Draft Facility
Plan, Millbrook Valley Interceptor Sewer, Sections 2-9, April, 1980,
Part I and Part II" and would urge the MDC to proceed with the final
design and construction phases as soon as possible.
Mr. Hutchinson recommended approval of awarding the contract to the
lowest qualified bidder for sanitary sewer construction.
Upon motion duly made and seconded, it was voted to award Contract
80-2-E to Charm Construction, Inc., Westwood, in the amount of $407,312.21,
subject to the approval of Town Counsel as to bid form. Authorization is
contained in Article 19, 1978 -Sewer Mains.
This contract is for the construction of sanitary sewers in North Street,
Maple Street, Somerset Road, Oakland Street, Meriam Street, Lowell Street,
Grant Street, Glen Road South, and Edgewood Road.
Mr. Hutchinson recommended that the Board approve Extra Work Order 962
under Contract 80-1-E for the re-laying of pipe on the Patricia Terrace
sewer project. According to the Town Engineer, an error had been made in
establishing the invert elevation in the existing sewer manhole in Arlington
and we.are unable under current conditions to make the connection in the
manhole. We have negotiated with the contractor to remedy the problem.
Upon motion duly made and seconded, it was voted to authorize Extra
Work Order 962 under Contract 80-1-E in the amount of $7,000 for the re-
laying of pipe on the Patricia Terrace sewer project.
Selectmen's Meeting - 3 - May 12, 1980
Mr. Neil Cronin, Director of Guides, met with the Board. Mr. Hutchinson
said he had talked with Mr. Cronin and minor changes will be made on the ap-
plication form to conform to town standards and affirmative action standards. Guides
Mrs. Battin asked Mr. Cronin if he had given any thought to hearing the
guides' presentations orally as this is often helpful. Mr. Cronin agreed
to the suggestion, and when the guides bring in the written tests, he will
spend some time with them on their presentation to the visitors. Last
year, there were 21 guides and 15 were renewals. We expect to have be-
tween 20 and 25 guides this year. The examination covers all the spots
in and around the -Green. The rules and regulations for licensing and
conduct of guides are rather simple but necessary. The selection of
fees is always a problem but that is the way they get paid; at the end
of the tour, the tricorne hat is put down for anyone who wishes to make
a donation.
Mr. Cronin thanked the Board for his appointment and he retired from
the meeting.
Mr. William Page, Chairman, and members of the Cable Television CATV
Advisory Committee met with the Board. Mr. Page said that the target
is to report to you on June 9 and we hope to get our report in to you
the weekend before that, and you will issue your report on June 23. Time
Then, we would have a public hearing on July 17. In our report we are Schedule
recommending that you ask for amendments on the original proposals to
be submitted on August 28; that gives two months from the time of
issuance of the report. The public hearing on those amendments would
be on October 9; that gives 7 or 8 weeks before the official state man.-
dated
an•dated date for a decision by the Board towards the end of November.
Mr. Page had talked to the State CATV Commissioner about the fact
that Lexington had been coming into the process when there was some
ambiguity between old and new regulations, and the comment was if
Lexington wishes to submit a proposal for an extension, it would
probably be well received in the light of that transition from the old
to the new. In talking with Mr. Buse, the timing would be good to get
this in before the budgets start.
In preparing for the report by you, we have been getting the clear Report
signal from the State Commissioner that in several instances this report
had proven to be very important, and Lexington has to be very clear about
what it wants. It does have a heavy influence on what the town gets,
so it isn't just a routine thing.
Mr. Page said that the committee is getting around to the various Input -
appropriate people to get comments and we would like to get the report Boards
to the police and fire departments and other agencies such as the CoA Agencies
so they get the flavor of what is going to be showing up. To get some
of the thinking out of the way before our report gets submitted, and to
be able to pass along to us by May 29 any comments they consider to be
pertinent to the clear statement of what Lexington would like for CATV.
We have three task forces to provide input to the report to the CATV
Board, a proposal evaluation group, an access center group, and a local Task
programming group; each has five to eight members.
Selectmen's Meeting
- 4 - May 12, 1980
Key Some things to be taken into account in the Board's report:
Issues On the key issues, it is obvious from the present financial circum-
stances that we will need to consider very carefully the question of how
can there be adequate financial support for local use of CATV. We have
some options to propose that would bring in income, and we have some pro-
posals from the cable companies covering the cost of operating corporate
facilities.
On regional collaboration, we have shared a commission back and forth
between several cable committees and there could be sharing of information
about future plans.
An important question is on how many channels can be effectively used.
One of the companies proposed 104 channels available for home use and other
companies limited it to 52. If the contract is going to be let for 15 years,
as these companies are probably going to be requesting, a lot of things can
happen in that time, especially on the 2 -way aspect. An important con-
sideration is how do we provide for something we can live with for a period
of time which needs to cover a payback time to the cable companies, which
is 7 or 8 years to get their capital investment back and then some time
to make some progress.
We have procided copies of the Winchester report and under duration of
license Winchester did have some way of thinking about it that is interesting.
Mr. Page said that he had talked to Mr. Cohen and he felt it would be important
to have some legal help to review the Winchester report and point out the places
where we need to be careful in the statements in our report. The committee
would like to get some guidance on a draft of their report so that it comes
to the Board in a way that is usable.
On conflict ofinterest, we have lot two of our members because of the
concern that everyone has of there being no possibility of being accused
later on of some double interest. (Winchester had some flak on it and it
turned out to ;be resolved.) It is a sensitive subject and the committee
would like guidance from the Board.
CATV Mr. Page said on the item on the advisory committee's role in the
Committee selection process, depending on what you expect from us we will proceed
Role in one way or other ways. We have had seven applicants and there is a
good choice and obvious competition. We have been asked by several cable
companies for an opportunity to come to the committee meetings and give
some of the background on those companies (which doesn't appear on the
reports), and to have the opportunity for the cable committee to ask
questions about the proposals. We have tentatively scheduled those
for May 27 and June 3. We have cable committee meetings scheduled through
the first of September on Tuesdays evenings and we plan those on a week -to -
week basis.
Mr. Page said that he did not want to ask tonight for an answer to
the advisory committee's role but would put the question and then come
back on June 9 when hopefully the Board would have the committee's report.
The committee would appreciate some guidance at that time about what the
Board expects from them on a selection process. An option would be for
the committee to sift through the applicants and pick two or three that
they considered to be appropriate for candidates or the Boardcould ask
them to go further than that.
Selectmen's Meeting
- 5 - May 12, 1980
Sf3
Mr. Page said the committee is thinking of having three or four of
the cable companies in on May 27 and June 3, and the Selectmen could
attend..::
After discussion, it was the consensus of the Board not to attend
the committee meetings.
Mr. Page said that the committee's function is to serve as advisory
and they would be perfectly comfortable if board members do not attend;
however, the official representative, Mr. Busa, should be there.
The officially required time for the companies to be heard is after the
amendments have been submitted - after the August date.
Mr. Kent said that, as he understands it, from the literature sent,
the standard for making'.a designationhas got t� be that approved report
and that we are mot .permitted to conduct any sort of a post -report auction
amongst the companies in which they accelerate their offers as to what they
set forth in the report, and ultimately the contents of that report that
goes out to them as the standard, the ultimate responsibility for those
standards rests with the Board of Selectmen rather than with the committee.
So that when the committee submits this report, its ultimate adopted con-
tent is going to depend upon the judgment of this Board. In the literature
submitted, there was a suggestion that in some communities the community
aspect of cable television had not worked well; do you plan on reporting
to us in some detail to indicate what appears to make that aspect of it
work well and what appears to be a hindrance? Mr. Page agreed on all
points, and added that the chief ingredient is money.
Mr. Kent said that before the report is made final, the companies
would have a crack at us in terms of requesting us to eliminate certain
portions of your recommended report or add factors that you had left out.
Is this within the contemplation of the scheme of things? Mr. Pages said
yes, they can do that under the amendment process. Mr. Kent said befiore
we finally fix on that, so they do have a crack at us independent of these
meetings which your committee is having. Mr. Page said it has to be in
writing by August 28.
Mr. Busa said that there is a public hearing After _after ..the_xepor#:!
has been received from the Selectmen. The cable companies have three
opportunities for input (1) At the hearing in July after the Board has
issued its report; (2) once in the amendment process; amendments are
done the last week in August; (3) an opportunity at the public hearing
in October.
Mr. Buse said that the Board should give the committee some guidance
on'the„Seleetion:pxotess " although they are not looking for the final one
now. He had informed Mr. Page that the Board of Selectmen usually forms a
committee and it reports to the Board as it is the license granting authority
to accept their recommendations on 1, 2, and 3; then, we will make a final
judgment on the committee's recommendation of the finalists.
Mr. Kent said it was his understanding that we do everything in open
session and not in executive session. We have found it useful to have
them here so that we may ask them questions about those recommendations;
unless there is a difficulty, he would like to hold that open as a rather
attractive option.
Reed St.
Residents
Selectmen's Meeting - 6 - May 12, 1980
Mr. Page said that they had inquired about executive sessions and
the State Commissioner couldn't think of any good reasons, and we did
check with Town Counsel. It just has to be an open process -.even though we had
some things we wanted to compare notes on - what we had heard from other
towns and what other town officials had said about other companies - but
there is no way that Mr. Cohen could see that we have it in executive.
Mr. Page said, regarding the selection, if you were asking us for
a recommendation, if we have to select three of the seven, would you
want any ordering of the recommendation or strictly that these are the
three? Would you want pros and cons from the committee?
Mrs. Battin said that if not actually ordering them, we would want
the pros and cons. Mr. Kent saidthat he would like to leave the answer
to that question until a subsequent meeting at which all the members of
the Board are present. He would be interested in Mr. Crain's reaction
to both questions, particularly the ordering. The Board agreed.
There were no further questions from the Board or the audience
and Chairman Miley thanked Mr. Page and his committee for the work in:-
volved
nvolved in cable television.
1
Residents of Reed Street met with the Board. Chairman Miley said
we are all concerned about the bill S 1113 which we hope will be going
through. Mr. French said that he had asked for Town Counsel's legal
opinion and he wantedit in writing. Mr. Hutchinson said that he had
written to Mr. French that Town Counsel has been instructed by the Board
to deliver an opinion regarding the impact of the Harbor Schools v. Board
of Appeals of Haverhill and the opinion that ttheaawtiowouldugive would
be supportive of the residents.. Mr. Jackson asked if the town would be.
prepared to stand its ground and say we will not grant occupancy for
those residents; a reasonable guarantee that the town would have some
say, and that there be a program developed by the town that would see
to that. -Now we have no tools and rules to work with, and that we might
want to more adequately define the Haverhill case. Mrs. Battin and Mr. Kent
said that we would work to get that law changed and would hope you are
working as hard as we are. Mr. Jackson said that Sen. Rotondi made it
clear that there are many things a town can. Chairman Miley said that
Mr. Cohen was pretty definite that:we'Ahave.no legal means whereby we can
do that. Mr. French said that they could deal more effectively with ee,„„ isprI
Sen. Rotondi if they had a statement from the town. The promise of the ,, " "
town is open-ended. �+.--�•+�
Mr. French said that the residents have asked questions of the Housing
Authority and they have indicated they would like to open up a dialogue.
We have written to Dr. Harris of MVMH telling hilmc,that we do not feel
that management of M.V.M.H. lives up to its promises. In the letter we
also said that we will make it clear to the Selectmen that we cannot
negotiate with M.V.M.H. and we will seek an immediate moratorium on any
and all funding which the town provides to M.V.M.H.; we will recommend
that this moratorium be continued until such time as the town arrives at
an equitable plan for the coordination and distribution of institutionalized
housing throughout the town. Also, we will recommend that any and all build-
ing permits taken out by M.V.M.H. for the expansion of any existing structures
owned by M.V.M.H. be denied.
Selectmen's Meeting - 7 - May 12, 1980
Mr. French said on December 18 we had attended a meeting of the Human
Services Committee and we formed the opinjou then that the committee was
basically an advocacy group and therefore not obviously appropriate for
considering issues for the potential negative impact on the continuing
growth of human services. We asked for time on the committee's agenda
specifically to reach a decision whether they felt the issue was appro-
priate for its action. The reason being if they did not, we would come
back to the Manager or Selectmen and ask for a different approach. We
did in fact provide another summary of the total issue to the Chairman
of the committee on December 2loand we have heard from the committee
requesting yet another summary, which we have provided. Mrs. Perez,
Chairman of the Human Services Committee, said that the committee will
consider it at the meeting tomorrow evening.
Mr. Busa said regarding Mystic Valley funding, we sent a letter re-
quiring further information on their procedures and management, and asked
for answers to questions of the Human Services Committee before we allo-
cate any more money. We asked M.V. to meet those qualifications and if
they do not, we can take steps at that point in time not to appropriate
any more money. In his opinion, that is the only time we could hold up
the money appropriated by the last town meeting. They will respond to .
the Board of Selectmen on a quarterly basis before we advance funds to
them; that was the recommendation of the Human Services .Committee.
Chairman Miley said that was the qualification at Town Meeting when
that money'was voted.
Mr. Kent questioned a statement in the neighborhood summary report
on events leading to the issue of saturation of a residential neighborhood
with institutionally supported dwellings, "As of January 1, 1979 our
neighborhood included 6 dwelling units owned by Interfaith Churches,
4 units administered by the Lexington Housing Authority and 1 unit owned
by the MVMH which is itself located on a thoroughway between Bedford St.
and Reed St. In addition to those presently located, the town plans to
locate 6 of its 17 scattered`.site locations in this neighborhood; and
when the Parker School is converted, 25% of its units will be subsidized
housing, again all in our neighborhood. These dwellings all represent
different housing programs." Mr. Kent.said said' tham'he-tw.aaoaware of a
total of 6 units at Interfaith and he was not aware of 6 Interfaith and
4 Housing Authority units. Mr. Scanlon, Director of the Housing Authority,
said that 2 of the Interfaith units are under the 707 program; 1 unit is
under Section 8 Federal; 1 unit is under the 707 subsidy in that area.
Mr. Kent said that basically these 4 units with which the Housing Authority
has a connection are included in the 6 units that belong to Interfaith;
making a total of 6 not 10 units.
Mr. French agreed it was an error in the statement. Mr. Jackson said
that in the process of talking about these numbers, we are losing sight of,
something that felt very strongly about and that is we are already over-
burdened in Precinct 8 whether we are subtracting or adding.
Mr. Kent said that the precincts are a necessary division of the town
into units for purposes of conducting elections. He thought they had
legitimate concern in relation to the proliferation of two facilities
was an apparent lack of communication sensitivity by M.V.M.H., which the
Board has to get into, but they have tied that into something he found
troublesome, and that is there is no reference to Greeley Village, which
is three times as close to Reed Street as the Parker School. Mr. Kent
did not understand the emphasis upon these geographical lines.for holding
elections.
Selectmen's Meeting - 8 - May 12, 1980
Mr. Jackson said we are alluding to some program on the part of the Board
of Selectmen or whatever body it is within this town that basically tries
to create an equity base, based on the taxes that one pays; to recognize
some means or some formula of spreading the involvement of the total town
not just in dollar contribution but in actual participation. Mr. Kent
said he would suggest that he not make that case stronger by alluding to
subsidized units in the Parker School which is six -tenths of a mile away
from Reed Street.
Mr. Kent referred to a statement in the neighborhood proposal "which
was created to head off saturation of any part of the town with institution-
ally supported housing. We do not distinguish between programs with dif-
ferent purposes." Mr. Kent felt that there is a difference between single
family residences, multi -family residences such as the Interfaith housing,
and the kind of housing that is represented by the two facilities which
are in proximity in this particular neighborhood. Mr. French said you
jump from deferentiating between programs to deferentiating between types
of housing. They are single family residences vs. condominium complex.
Mr. Kent said that those are different things, and Mr. French said that
he would not argue with that. Mr. Kent said that the nub seems to be
that you are talking about any form of supported housing, be it single
family housing, multi -family housing, or anything else. It seems that
you do not want us to distinguish, for example, between single family
housing units and the institutional type of arrangement such as the two
Mystic Valley related houses represented in the community. These are
very distinct, separate things. With respect to the scattered sites
houses in the area, this took place at the end of an exhaustive process
involving the fullest kind of community hearings and at the end of a
policy developed and articulated by the Town Meeting relating directly
to the subject of tax title lots. Mr. Kentsa ad.,.'tlhat they are lumping
separate things into the same barrel and he found it difficult to deal
with it on those terms. Mr. French said that one of the reasons they
lumped those things together was although they may be distinguished one
from the other in several ways, they turn out to have certain acquisi-
tion powers that are above and beyond the ordinary individual, yet they
are competing with the 'ordinary individuals for space, for titles, etc.
He would not have the privilege of getting a tax title lot and putting
a house on a sub -size lot, and he would not have the same type of privilege
as the Deptartment of Mental Health enjoys under the current court case
toward entering a body of unrelated people into a single family dwelling.
So they do have certain privileges accorded to them that are not given to
an ordinary individual. We felt strongly that there wasa wide open avenue
for abuse of the privileges, and in the Mystic Valley cases, they had over-
stepped and that was the issue we are trying to address. Mr. Kent said
in the last respect, he was very much in agreement with their concerns.
With respect to the Parker School, even if it were directly in the im-
pacted neighborhood (whidh he had trouble with assuming that it is)
the Parker School designation of those units to be transferred to the
Housing Authority was made at the end of a painstaking process, with
public hearings and ultimately a vote of the Lexington Town Meeting.
The process has been completely open. Mr. Kent agreed that on the other
matters to which they have been referring, it has not been, and it is
incumbent upon this Board to take things into account in determining
whether we support M:V.M.H. He was prepared to take up the responsibility
1
1
1
1
r.7
S
Selectmen's Meeting - 9 - May 12, 1980
of having a dialogue with M.V.M.H. with a view to suggesting that there are
needs for community sensitivities here whether they have the legal right to
go ahead without our permission or not; he would be surprised if they are
not somewhat responsive to that kind of dialogue.
Mr. Mackay said the question is at what point does a community no longer
become a community. It is not a matter of being for or against a particular
program.
Mrs. Feakes said when Safehouse was going to be set up, they went to
the Board of Selectmen and there were very specific needs that were written.
We thought it would be good to have it in Lexington and .the youngsters could
go to school easily from there. Safehouse is meeting a tremendous need.
Legalities aside, we felt they have been open and have gone to the community
Mr. Buse said that we should make it very clear that the neighborhood ;is
not objecting to houses put there but the satuaation. In Precinct 1, we have
the largest saturation of nursing homes. We don't have an immediate solution.
Mr. Jackson said that he had counted, including the 28 units of the Parker
School, 335 mailing addresses 28 of which are institutionally supported; that
is 7.7% of the neighborhood, and to him'that constitutes saturation enough.
We hear you saying let's kick it upstairs and hope that the legislature does
something for us. What are you going to do for us?
Mr. Kent said at the moment, all we can do is exert an element of suasion
with respect to people who want to open institutional arrangements over which
we have no legal control. In terms of your request of the Manager that there
needs to be served advance notice of programs planning to enter the town and
provide time for coordination to .the element that we are talking about our own
programs, and that includes scattered sites housing, we have that procedure
in place and we intend to keep it in place. What we intend to do in that area
is listen to you with respect to specific proposals that may come before this
Board. We can't do any more than that.
Mrs. Battin said on the permit granting proposal that you made to us,
you felt that a permit granting authority would be developed and then you
had what it would do: to serve advance notice of programs; insure the
plans set forth are properly carried out with a reasonable balance of dis-
tribution of programs throughout the town. We are saying,e.at least from
Town Counsel verbally, that we do not have the authority now to establish a
permit granting procedure. We have the power of moral suasion; we have the
power of coordinating; Mystic Valley I'm sure hears us and is going to notify
us as they have in the past of things they are planning, and we are going to
try and coordinate it informally}b t we cannot now set up a formal procedure
until those statutes, at leastutce community siting one is passed; then, we
have the the power by by-law which would have to be passed by Town Meeting.
There are two important ingredients - the Human Service Committee and one of
the things we gave them as a charge is to develop processes for handling
things such as this. There is also a new Planning Director. We have two
groups and once we have the authority to develop processes probably together
we are going to be able to develop one that is going to take care of future
situations. The problem is, as you said, those that are about to be signed
now. Mrs. Banks said that the process exists for us now to identify them
in that they do go through the Building Commissioner's office and through
the Manager we have worked out a system whereby we are notified when an
application under this law has come in; in fact since this, to her knowledge,
none have come in..
Selectmen's Meeting
- 10 - May 12, 1980
Mr. Hutchinson said it has been done in writing by a written order to
the Building Commissioner but to ask that we create a special permit
process internally, the answer is we did not; we have no legal right based
based upon our Counsel's advice to do so. Your question is legitimate of what
are you doing for us? These meetings are not an exercise in happiness some-
times. In addition, the legislators have been asked and the Board has sup-
ported this. We are not buck passers here but there are some times, as we
have said, that we administer many laws that we have nothing to do with.
There is a problem throughout the Commonwealth about this saturation question
and we should ask our legislators, as this Board has done, is this bill going
to make it or not, so we can institute the procedures that you want. But in
the interim, to ask us to do something that would bring potentially a suit
or to treat somebody in a discriminatory way, that is something that we
cannot be a party to.
Mr. Scanlon said that the Housing Authority would like to have a better
definition of the phrase institutionalized use and subsidized. We consider
ours as subsidized and we have the rent subsidy available throughout the
Commonwealth available to those people who need it, with no regard for the
location; it is the need.
Chairman. -Miley 'saidrthat_:Mr. Scanlon had explained to her that the
Housing Authority does not assign the locations to the people; the person
either has or finds a rental and then the subsidy comes after that. So it
is not a case of finding something in a certain location - they are all over
town.
Mr. French said that the Housing Authority program is a program by sub-
sidy, and to them it is an institution.
Mr. Jeff Sbrahfi, Associate Minister of the Church of Our Redeemer, said
that he is concerned with people falling through the cracks. Again and again
we have heard that it is not a quarrel with the program, Safehouse as a most
recent example. One of his parishioners lives next door and they are one of
the biggest supporters of the "institution" and have said that they are
better people than lived there before. What concerns him is that pressure
be brought on Mystic Valley which would cause them to withdraw their support
and the program will fall apart or they will have to find some other place
in the interim. An abutter of Safehouse said that there should be some con-
trol of placement by Mystic Valley because they have not been honest with the
neighbors, but if Safehouse gets closed down because of these discussions,
it is a crying shame. You should be careful that this doesn't become a factor.
Ms. Althea Korde, M.V.M.H. Board of Directors, said she was concerned about
what she had heard and that the integrity of a lot of people is being discussed.
As a Lexington resident, she was concerned about institutionsin neighborhoods;
however, she sensed here that in many cases with their dealings with us that
they have not been dealt with honestly. She was not sure that they hear emery -
thing that is being said, only what they want to hear. You really have to
hear the whole story about what was said, what was not said, and what actually
was passed in the resolution; not what I thought or what was implied. She
thought that has to be dealt with at some other time.
The residents of Reed Street and other interested persons retired from
the meeting.
Selectmen's Meeting
- 11 - May 12, 1980
s9
Mr. Zabin, Chairman, and me lbers _ofthe, FaimHousing Committee met Fair
with the Board. Mr. Zabin said that the committee has prepared a question- Housing
naire as one of the first issues we are required to address as part of our Committee
agreement with MCAD is to determine if any discriminatory practices exist
in Lexington and if any practices do exist, the extent and nature of such
practices. The committee is then charged with recommending actions to
the Selectmen which they feel will reduce and eliminate future discrim-
inatory actions. The committee proposes as one means of assessing this
issue to do a survey of minority residents in Lexington, utilizing the
resources of community groups such as the Lexington Concerned Black
Citizens. In addition, the committee plans to meet with the realty
companies and local banks.
Mrs. Battin said that the clergy seems a good source as they often
identify problems before other people do and she would suggest to the
Manager that they be included. Mr. Hutchinson and Mr. Zabin agreed.
Mr. Zabin said that when he met with the Board before Town Meeting,
he raised the possibility of a resolution before Town Meeting and the
Board felt it would be better to put it off to 1981. We understand the'
charge that we are to develop a fair housing plan for the town, and the
problems we dealt with are basically in two areas, the public housing
area and the private housing area. To give some idea of the dimention o
of the problem, in public housing if we exclude St. Brigid's and Inter-
faith subsidized housing, there are only two black families in subsidized
housing in all of Lexing£on,,.no Spanish, 2 orientals, no Asians. In
private housing, according to 1970 census figures, school statistics
have not changed very much. In greater Boston, the number of black
families is 4.6 percent and in Lexington .9 percent; I don't know why
this is so because of no supporting data but we can speculate. We
thought it would be useful to try and get a handle if we can on the
cause of these disparate statistics, to find out from minority families
who do live in Lexington what problems, if any, they have had in order
to give us some clue to the problems for others who are looking for
housing in Lexington who have not been able to come in. So at least we
have a starting point to attempt to address the problems and if there
are problems, that they can be handled on the local level.
Mr. Busa asked him where he thought the problem lies? Mr. Zabin
said that it is his guess that the problem is primarily economic but
hec.Would avoid pre -judging the actions before we have asked the right
questions of the right people. He hoped there aren't patterns of racial
Segregation and discriminationcarried out either privately or publicly
or by private realtors or others, or by any public authority, and he
would suspect that is the case. If we are going to come up with any
answers that we have credibility either with your Board, with the town,
or with state and federal agencies. We have to do as good a job of re-
search as we can. Mr. Buss said that he had never seen that problem in
Lexington of definite patterns of shutting out people from coming into
town, and he would be surprised if that happened; if it did, it happened
n the last decade.
Mr. Kent recommended that Mr. Zabin proceed. Mr. Busa said that he
had no problem.
The Board agreed that the Fair Housing Committee is to proceed as
Mr. Zabin recommended.
Selectmen's Meeting
- 12 - May 12, 1980
The Board approved the following agenda items:
1 -Day Upon motion duly made and seconded, it was voted to issue a 1 -Day
Liquor Liquor license on -June 7, 1980 for a fund-raising dance at the Lexington
License Armory for Mr. Thomas Larkin, candidate for Misslesex County Commissioner.
Resigna. Upon motion duly made and seconded, it was voted to accept with regret
P.A.B. the resignation of Mr. John Butler as a member of the Personnel Advisory
Board.
Town Upon motion dulymade and seconded, it was voted to accept with regret
Celebra. the resignation of Ms. Margot Tutun as a member of the Town Celebrations
Com. Committee.
Minutes Upon motion duly made and seconded, it was voted to approve the minutes
of the Selectmen's meetings of April 14 and April 28, 1980.
Permit Upon motion duly made and seconded, it was voted to approve the request
Elks of the Elks Lodge #2204 for the use of the Battle Green on June 11, 1980 at
Flag 7:00 p.m. for the Flag Day ceremony.
Day
Chairman Miley said that we have receivedy:ieo rrespondence from the
Appts. Massachusetts Special Commission on the Performance and Visual Arts re -
Arts garding the appointment of five qualified private citizens to a Local Arts
Council Council. We have received applications from ten persons who are interested
in serving on this council. Mr. Kent recommended that the Board appoint
the ten applicants.
Upon motion duly made and seconded, it was voted to appoint the fol-
lowing members of the Lexington Arts Council for a two year term to
May 31, 1982:
Mo11y Nye .Tina Nemiccolo Forbes, Marion Colette, Donald Gillespie, Jr.
Nancy Gordon, Judith S. Greenwald, Yvette Kaplan, Ann M. Parks, Judi Ozuransky,
Natalie Warshawer.
"Transfer Mr. Hutchinson requested approval of a transfer of $5,000 to Professional
#1090 Services for consulting services for a resolution of the Cary Library stucco
Prof es, problem.
Servs. Upon motion duly made and seconded, it was voted to request approval
of the Appropriation Committee for a transfer from the Reserve Fund to
Account 1090 -Professional Services in the amount of $5,000.
Senior
Center
Mrs. Battin said that she had referred the question to the Human Services
Committee for professional guidance in developing a needs assessment for the
senior citizens center. Most of the committee members have connections with
the various universities and people on their staff and they should be able
to come up with names and suggestions on how to proceed with professional
guidance. That is well under way.
Proclama- Chairman Miley informed the Board that Dan Fenn requests approval of
tion the issuance of a proclatbation encouraging the preservation, restoration
and reuse of our historic houses.
Upon motion duly made and seconded, it was voted to proclaim theWeek
of May 11 through May 17, 1980 as Preservation Week in
Lexington.
1
1
Selectmen's Meeting
- 13 - May 12, 1980
Mrs. Battin discussed the Center Revitalization Plan. She said that
the plan to revitalize the Center was to include methods of achieving
commercial diversity, achieve social and cultural activity, improve
traffic flow and increase parking. We said that we wanted a plan to be
completed by December 1. She pointed out that previous studies sup-
plied some of the data that is needed; however, there really are im-
portant pieces missing and some data is out of date. We are not plan-
ning to study it completely again but will try and fill in where there
are missing pieces and updating the data. To date, there has been no
attempt made to critically analyze what exists, identifying discrepan-
cies, fill in the missing pieces and update in terms of what the com
munity wants and would support. in the Center. So what we have done is
to start and establish the Planning Committee. The Selectmen specified
who they would like to see on it and it was also elected by the Planning
Board and the Chamber of Commerce that there be such a committee to
develop a plan, establish goals and then short and long-term strategies
for achieving the goals. committee members to date'are Mrs. Battin,
Mr. Sorenson, and Mr. Sacco 'and two, members of .the Chamber representing
Banking and Industry. The committee has lot convened yet as we have to
have the two members from Mr. Sacco.
We did review the possible technical assistance available and we did
establish the fact that MAPC appears. to be capable
of carrying out the missing study piece which'we feel was crucial in the
market analysis to have some proven experience and staff in the area;
in it an area in which we have no in-house capacity. Based on that, we
wrote the letter of intent to MAPC and of the 23 applications received,
only 8 were invited to file formally with MAPC. Five will be approved,
whole or in part, three will get the total package for what they do for
center revitalization and two communities will get a partial. We have a
pretty good chance of getting what we are looking for. The Manager has
given the lead responsibility for carryong out this application to Mr.
Bowyer and he is now preparing the proposal -.to MAPC, which will be given
to the Board for review.
Center
Revitaliza-
tion -
MAPC
Upon motion duly made and seconded, it was voted to adjourn at 10:50 p.m.
A true record, Attest:
Executive Clerk, Selectmen
Valley
Road
Brook
SELECTMEN'S MEETING
MAY 19, 1980
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, May 19, 1980 at 7:30 p.m.
Chairman Miley, Mr. Busa, Mrs. Battin, Mr. Kent and Mr. Crain ..(8r03'p.mi,):._.
Mr Hutchinson, :Tot+rLManagen;. Mr.:: Cohen, Town Counsel; Mrs. McCurdy,
Executive Clerk, were present.
Mr.andMrs....0$sey of 22 Valley Road and residents of Valley Road
met with the Board to discuss the properties abutting a brook in the area.
Mr. David Williams, Chairman of the Conservation Commission, was present.
Mr. Hutchinson said that the issue has been raised by the neighbors
that they have been having an erosion problem caused by the brook. He
and Town Counsel had reviewed it last year and looking at the advice
that we had, it appears that erosion is going to take place. It has
been attributed to development. The town has spent considerable money
in that area and he had sent a letter to Mrs. Casey suggesting that the
neighbors pool their own resources for engineering advice. We have this
problem along a number of brooks. We have no provisions in our capital
budget for remedying the situation; it would be expensive and would take
appropriate engineering expertise to look at the problem. We are in-
volved in a drainage study and are in the process of selecting a consultant.
Between town forces and consulting services, that could be available at a
price.
Mr. Williams said that as the brook comes through conservation land,
the land is flat. From Revere Street to 128 there is a pitch and the
velocity caused by the pitch causes the problem. When the pond is en-
larged on conservation land this summer, it may hold back some of the
water.
The residents had comments. Mr. Casey said that he likes to use the
backland for a garden and he has had to have the bridge over the brook
fixed many times. Mr. Zimmerman said that the brook has been widened
almost double because of erosion. A woman said that ten years ago erosion
was occurring and the town felt it was responsible and came out and did
the work.
Mr. Busa said that this goes back to 1971 and the former Town Manager
and DPW Commissioner showed that it was part of a town problem. From his
knowledge, it is part of the town's responsibility because of development
which was a town project in back of Lexington Lumber Company. He did not
feel that it is fully the responsibility of the neighborhood and his
advice is to block it off. This has been going on since 1969 and some
assurance was given by Town Counsel that the responsibility lies with
the town.
Mr. Zimmerman, 28 Valley Road, said that the brook is part of the
town's drainage system and there are many other pipes coming in. In
10 to 15 years because of development, all the water that was formerly
trapped now comes down and causes erosion; there is increased run-off.
Selectmen's Meeting - 2 -
Mrs. Battin said that she would like to know
have problems with brooks.
Mr. Kent said that he would like to see this
dressed as part of that drainage study, and would
tion as possible. Mrs. Battin agreed.
Chairman Miley asked Mr. Williams if he had recommendations from a
conservation standpoint to help the neighbors' point of view.
Mr. Williams said that he did not. However, iherdasiagsth.g size
of the pond will hold back the water during the peak periods of ground
water but on the deep slopes, erosion always occurs by just nature.
There is a pond on the Tropeano land and Conservation has plans to
double the size of the pond. Mr. Busa asked if a dam could be con-
structed to hold back the Water? Mr. Williams said the pond itself
will hold that water. He was there two weeks ago during the worst
rain storm we had this spring and that whole stretch from Brigham Road
to Revere Street was very placid because it is very flat. It is only
when it starts going downhill that it increases the velocity and picks
up all the speed that causes the erosion. It is more the speed than
the water that is causing the erosion because it is going downhill at
such a great extent. Mr. Busa said he understood that part of the en-
gineering problem. The point is, if you dam it then you can only let
out a certain amount of water at a time on a smaller field, and then
you won't get the erosion that you would have now. Mr. Williams said
that Conservation will consider it in the design of the pond; we will
look into that.
Mr. Crain said that it is important not to give false hope to the
people who are here but if we intend to get costs we should define for
the Manager the kinds of costs, the parameters and extent of costs re-
lated to this one section that we are talking about.
Mr. Hutchinson said that he would obtain that information. Mr. Buss,
as your representative, is working with me and others on the drainage
consultant interviews which are scheduled to take place within the next
couple of weeks. We can talk with them privately to look at the parameters
of the study and find out what is involved. On the public policy question,
there is a legitimate issue here that at the same time we will be enhansing
private property when we go to do work like this.
Mr. Hutchinson is to report back to the Board on June 9 or June 23.
Chairman Miley informed the residents that the Board members are
very much aware of the problem and perhaps we could all come to a con-
clusion together. When we have something to report, we will let you know.
The Valley Road residents retired from the meeting.
May 19, 1980
what other areas we
general subject ad -
like as much informa-
Mr. Laing and Mr. Weiner of the State.DPW District #4 met with the
Board. Mr. Laing said that the Board had written a letter in February
to the Central Transportation Planning Staff for traffic relief on Route
2A from Route 128 to the Mass. Avenue extension, and this is an ongoing
problem that goes back to the actual site plan of the school itself. We
were involved in this on the site plan for the school and at that time
it was felt that the reconstruction of Route 2 would materialize and as a
result the footprint of the building was adjusted to accommodate the re-
construction of Route 2 with a driveway from the school itself on a
Min.Man
School -
Rte. 2A
State DPW
Selectmen's Meeting
- 3 - May 19, 1980
temporary basis to the junction. of Route 2A adjacent to the Mass. Avenue
extension. The School Building,Committee did the studying of this to
determine what type of traffic controls were needed and it was determined
at the time that a full set of traffic signals would solve any problems
that would develop as a result of the traffic generated by the school.
Unfortunately, it did not solve the problem and we have had meetings over
the last five years. DPW was reluctant to accept the signals as it would
then become our responsibility,and we could see there was a problem. In
the last year or two, the school did add another entrance to the back sec-
tion and whether this has relieved the problem at that intersection.he did
not know as they have not met with representatives of the town for the
last two years. The last meeting we had was with the Traffic:Committee
and it was thought that possibly the abutters to the roadway- and we
all know that the problem is the width of the roadway just will not accom-
modate the traffic - namely the Honeywell Corporation, Spaulding & Slye,
and the Motor Inn, would participate in a traffic study to determine what
should be the corrective measures that should be taken. We could program
this as a project, the only problem being we have so many projects ahead
of it that it would be many years before it would be in the designing
stages. We encourage municipalities that are really interested in correct-
ing problems that they participate at least in the designing stage, as once
the design is completed, to go to construction through funding that we have.
Chairman Miley asked if he had contacted Honeywell, etc.?
Mr. Laing said the last meeting we had was with Honeywell, Spaulding
and Slye, and the business on the corner of the vacant lot, and they were
receptive to that not only to relieve all traffic traveling through there
but particularly to the abutters. Honeywell has to have a full time officer
out there every morning.
Chairman Miley said so you really don't have anything new for us at all.
Mr. Laing said no. This comes up every year or so.
Chairman Miley said we have been working with the school and Mr. Jackson,
our representative, has been in communication with us and we told him and the
School Superintendent that the only solution for us would be the Department
of Public Works. So that is why Mr. Hutchinson wrote to you and we were
hoping that something was in the works.
Mrs. Battin said she would like to clarify that the bottleneck is the
actual design and if we wait for you to do it, it will be years.
Mr. Laing said perhaps metre years that youilhave already waited.
Mrs. Battin said if we somehow with the abutters, the town, and con-
ceivably Lincoln and Concord, if somehow we can get the design done, the
actual work then would proceed?
Mr. Laing said there is a very good possibility he could not give a
positive answer this evening. When these projects are ready for advertising,
the funds are available at that time; then the project will be advertised,
and awarded, and constructed. We never make a commitment in advance that
we will reserve any funds for any of those types of projects; you can
program them and in the past from experience, when they reach the stage
of advertising, funds have always been there.
Mrs. Battin said in getting the design done, would you go along with
whatever the design engineer came up with?
Mr. Laing said not necessarily; the state plus the federal highway
which participated in 75 percent of the funding of this project would re-
view it on a conceptual stage, which is 25 percent; we would review it again
at the 75 percent and finally at the 100 percent stage. So there are three
separate reviews plus a public hearing on this. So, no matter what you come
Selectmen's Meeting - 4 - May 19, 1980
up with, if you come up with a very elaborate design, it is not likely that
the agencies wouldapprove it; but with usually two or three conceptual de-
signs i.e. widening to four lanes or just making a left hand storage, it
would depend on how the traffic is today and what is anticipated.
Mrs. Battin asked how long does the review process take if we are
going through the design process?
Mr. Laing said it usually takes about a year; in other words, from
the very beginning when the design consultant comes on board, by the time
he submits a conceptual plan and it goes through various agencies within
our department and the federal highway, comes back again with a public
hearing and then proceeds to the 75 percent. We did have a 50 ft. layout
within that area.
Mr. Weiner said that is correct. The layout,'in other words the property
that is dedicated for highway purposes, is 50 ft. wide. The present roadway
is 24 ft., so there is some room for limited widening but not enough for
four full lanes there; some lanes -taking would have to be made.
Mr. Crain asked where would one go for the alternative resources to do
a design like this?
Mr. Laing said if you have gone through the proper procedure, in other
words it has reached our department, the next step is to go to the Project
Review Committee.
Mr. Crain said his question is because of what you have illustrated
is the bottleneck; if we could .do design work rather than wait for it to
become a top priority in your group, where would one go?
Mr. Laing said you either go in-house, your own engineering staff,
or you wouldengage a consultant, preferably one that has had prior approval
of the department as far as any review committee.
Mr. Crain said if one takes that course and it became approved, and if
highway funds were there, would we be reimbursed for what we had incurred at
that stage?
Mr. Laingsaid usually the procedures' that municipalities follow through
is, with a general idea of what they are looking for and an approximate idea
of cost, and the Project Committee will approve it subject to availability of
funds and the community doing the design work. That seems to be the stumbling
block - any community that we have dealt with that is willing to do the design-
ing moves more rapidly.
Mr. Jackson asked what Peter Murphy's department (CTPS) been doing on
this?
Mr. Weiner said he wasn't sure; he knew they have been involved in a
study of the Northwest Corridor, which takes in the whole segment between
Route 2 and Route 3 and that area does fall in there. All they determined
is that this particular problem merits further study; that was the conclu-
sion.
Mr. Busa said seeing that the Commonwealth is involved in the layout
and the footprint of the Minuteman School, what is the disposition of Route 2?
Where does that lie?
Mr. Laing said we were indirectly involved; it was led to beli.eyre that
Route 2 would be constructed and as a result the footprint of the school was
oriented to accommodate that. Then, there was a period of "no build'.' de-
termination made and it is his understanding that that study has been re-
activated and is actively being pursued - but he was not aware of where
it stands today.
Mr. Busa said then there could be a possibility that Route 2 could be
instructed before we finish our study.
Mr. Laing said he wouldn't go so far as saying that, because by the
time we study something... Route 2, they have done a lot of environmental
Selectmen's Meeting
- 5 - May 19, 1980
study and there were at the point -where they were gettingto the conceptual
plan as to which of the alternatives — that is where it stopped; but if is
necessary to go back and reevaluate some of these studies that have been
made, he didn't know. A member of the department, Mr. Gallagher, was
actively pursuing that and it looks promising, and it may be revitalized
as far as the study and the actual construction
Mrs. Battin said she had a question of the Manager of the State
DPW. How much of a design study are talking about? What is the cost?
Mr. Hutchinson didn't know. He said we are dealing with one or two
alternatives, (1) is to check the cost to do it ourselves working with
firms or whomever., And the second question is, I hear you saying this
isn't in the state priority system for design work - that you have other
things that are more important. But that remains a policy question as
well from the standpoint that one of your bosses might come in and say
now go out and design this. So in one sense there is the option that one
could approach the appropriate legislative officials.
Mr. Laing said if we were told that this were more pressing than
others, why naturally we would be told this.
Ch. 90 Mr. Weiner said that Mr. Crain asked the question about reimbursement
Funds of the costsof engineering design. There is the possibility under Chapter 90
program that the town receives a certain amount of money allocated within an
annual basis for improving local roads. Some of the money could under cer-
tain circumstances which he was not prepared to go into because he was not
an expert on it but he knew that if such a thing does take place, you could
be paid for engineering services out of Chapter 90 funds.
Chairman Miley thanked for this information about Chapter 90.
Mr. Cohen sadkeflaif there are examples of having reimbursement within
a state highway? This is not a town road.
Mr. Laing said there are certain funds that are appropriated each year
under Chapter 90 and some municipalities have used that money for the design
for the seed money - of state highways, and they get back $10 to $12 for
every $1 they invest. It falls under the urban system. The way the federal
government grants money, sometimes it is on priorities, sometimes it is on
urban, and sometimes it is on secondary. We happen to have urban systems.
Chairman Miley said -she always thought it was for a road between two
roads within a county.
Mr. Hutchinson said we can report back to you on the sense of the cost
for this and what alternatives are involved.
Chairman Miley asked Mr. Hutchinson to pursue the Chapter 90 very
vehemently.
Mr. Jackson remarked that although the second road has helped, it
doesn't help much with the westbound traffic in the morning, which is
something like 1900 vehicles between 7:15 and 8:15 a.m.
Chairman Miley thanked Mr. Laing and Mr. Weiner for meeting with
the Board and they retired from the meeting.
Recrea- Mr. Robert Eby, Recreation Committee member, and Miss Joan Halverson,
tion - Recreation Coordinator, met with the Board regarding the center pools renova-
Center tion project and asked for guidance on (1) the use of the John J. Garrity
Pool plaque; (2) creation of a new plaque with appropriate inscription; (3) dedica-
Project tion ceremonies.
After discussion, the Board agreed (1) The John J. Garrity plaque
should be installed on the bathhouse at the instructional pool; (2) the
dedication ceremonies are to be delayed until completion of the entire
project, including landscaping, and until the determination of a suitable
name for the project. It was the consensus that a plaque indicating the
history of the pool would be inappropriate.
1
Selectmen's Meeting .. 6 - May. 19, 1980
Chairman Miley read an application for Limousine licenses.
Upon tion duly made and seconded,.it was voted to approve th.e
renewal of Limousine licenses for ten station wagons owned by.Trans-
portation Management, 1668 Massachusetts Avenue, expiring May 1, 1981.
Upontion duly made and seconded, it was voted to grant a l -day
liquor licnse to St. Brigid's Parish on May 30, 7:00 p.m. to 1:00 a.m.
in Keilty all.
Chairnan Miley read a letter from the Traffic Safety Committee
stating thI�t.the committee has discussed the possibility of updating
the street lighting,in the Center to provide better illumination. -
In looking into this matter, it was felt that sodium vapor llminaires
would be alternative worth investigating, and in order to evaluate
this alta ative, we would like to replace one of our existing lights
with a low pressure sodium light in the Depot Square area. The Police
Department has received many .calls from drivers complaining that they
have difficulty seeing the police officer at that location in the evening.
We feel that testing a single light at this location will help us to
evaluate t1e overall lighting in the Center as well as possibly improv-
ing the visibility of the officer. We would like to have a light in-
stalled this summer and test it over six months. At the end of that
period, we will issue a report to the Board with a final recommendation.
Upon Motion duly made and seconded, it was voted to approve the
recommendation to replace one of the existing street lights in the Depot
Square are with a low pressure sodium light for period of six months,
subject to reconsideration by the Board if for any reason the light be-
comes unsuitableduring this trial period.
Upon notion duly made and seconded, it was voted to sign the orders
for street acceptance, as approved by the 1980 Annual Town Meeting, for
Kendall Rod, Rockville Avenue and Sanderson Road.
Mr. H
Upon
of the App
the Resery
Accou:
2935-'
tchins on requested approval of requests for transfers.
otion duly made and seconded, it was voted to request approval
opriation Committee for tltanafers of the following amounts from
Fund.to:
t 1775 -Legal Fees - $20,000; 1800 -Legal Expenses - $5,000;
opier &Supplies - $1,000; 5450=Road Machinery - $10,000.
Limousine
Licenses
I -Day
Liquor
License
Center
Street
Light
Street
Acceptance
Transfer
Requests
The Board approved the following items on the Manager's agenda:
Upon motion duly made and seconded, it was voted to grant permission Sign
to the Rotalry Club to set up two free standing signs advertising a straw- Permit
berry festi"-al at Hastings Park;.on May 25; one to be placed at Hastings
Park and one on the Visitors Center law. Signs to be removed after the
festival on Sunday afternoon.
Upon tion duly made and seconded, it was voted to sign the permit Bos.Edsn.
for Boston dison to hook up power for the Center pools. Center
Pool
Power
Selectmen's Meeting - 7 - May 19, 1980
DPW
Contract Mr. Hutchinson recommended authorization of the additional sum of
78-6-E $3,247.13 for extra work under Contract #78-6-E for street, drain and
sidewalk construction. The original contract bid price was $157,367;
an extra work order #1 in the amount of $7,430 was authorized by the
Board on October 23, 1979 for a water main on Banks Avenue. This brought
the contract total to $164,797. It was necessary during the project to
build an additional stone masonry wall on Tucker Avenue. As a result, the
final contract price is $168,044.13. In order to meet our current obliga-
tion under this contract, an additional authorization in the amount of
$3,247.13 is required.
Upon motion duly made and seconded, it was voted to authorize the
additional sum of $3,247.13 for extra work under Contract #78-6-E. The
total amount is now $168,044.13.
Trash Mr. Hutchinson discussed a draft copy of the rules and regulations
Collection on trash collection and the recycling component.
Recycling Mr. Donald Glennon, 199 Bedford Street, and Mr. Wallace Weisinger,
193 Bedford Street, were opposed to establishing the recycling operation
at the Public Works Building on Bedford Street. Mr. Glennon said that
public works is wide open and unless it is fenced in, he could see it
all over Bedford Street, and he mentioned the problem of vandalism.
Mr. Weisinger said that his property is next to public works and it is
a mess all the time; kids break bottles, etc. What is going to happen
when recycling starts? There will be broken bottles and papers blowing
over to my property.
Mr. Hutchinson said their concern is legitimate but we felt it better
to give the barn a try. Mr. Buse said that we have had quite a bit of
vandalism both on the building and equipment. Mr. Kent asked if it is
possible to obtain covers for dumpsters during hours when not in operation.
Mr. Warren Empey, Acting Director of Public Works, said that the anntainers
are open as they are looking for volume; the only way to raise money is by
volume. He had said that he had raised the same questions at a meeting
regarding vandalism, and the messy area, etc. Also, if we continue with
the recycling and the materials are contaminated and that paper is burned
then we have to look for a place for disposal of this once the landfill
is closed down. There are going to be problems with the recycling program.
Chairman Miley said that other towns have gone on with their recycling pro-
grams after the landfills have been closed down, and we could find out how
dealt with it. Wellesley has one. Mr. Empey said that Wellesley has quite
an extensive recycling area going. If we run it on a part-time basis, which
has been suggested for two days a week at the public works building, once
it is open it is a 7 days a week affair, as there are no gates, no fences.
Fences don't stop the vandalism. Ht. Hutchinson said that any program we
would run we would not provide manpower. Chairman Miley said we are going
to have to make a decision. Mr. Hutchinson said he would have a report
for the Board on the hdats.andswhat other towns are doing.
Discussion was held on the hours for trash to be put out and it was
agreed not to ehenge.the hours specified that containers are not to be
placed at the curb before 5 a.m.; all containers must be placed at the
curb prior to the start of collection at 7 a.m.
Mr. Hutchinson is to report back on June 9 regarding the failal de-
cisions on trash collection and recycling.
1
Selectmen's Meeting
- 8 - May 19, 1980
Chairman Miley informed the Board of an alert from Sheila Cheimetz
to write to the legislators to get H6253 -Community Residences out of
committee. The Board agreed that Chairman Miley is to write to Rep.
Cole.
Mr. Crain agreed to represent the Board at the Elks Flag Day
Ceremony on the Battle Green at 7:00 p.m. on June 11.
Upon motion duly made and seconded, it was voted 5-0 by roll
call vote - Mrs. Miley, Mr. Buse., Mrs. Battin, Mr. Kent and Mr. Crain -
to go into executive session for the purpose of discussing strategy
with respect to collective bargaining and 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
10:20 p.m.
A true record, Attest:
Executive Clerk, Selectmen
Executive
Session
Conduit -
Moreland
Avenue
Conduit
Wood St.
New
Patrolmen
Minutes
License -
Entertain-
ment
Sign
Permit
SELECTMEN'S MEETING
JUNE 9, 1980
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, June 9, 1980, 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 petition of the Boston Edison
Company for the installation of 68 feet of conduit in Moreland Avenue.
Notices of the hearing were sent to the abutters and filed with the Public
Works Department. Mr. Edward Kelley, representing Boston Edison, said
that this work is necessary in order to provide service to three houses
in the Wilson Farm Subdivision. Chairman Miley read a report from Mr.
Empey, Acting Director;DPW, recommending that permission 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 Boston Edison Company for the following location of conduit:
Moreland Avenue, opposite and southwesterly from Fern Street, a distance
of about 68 feet.
Chairman Miley opened the hearing on the petition of the Boston Edison
Company for the installation of 12 feet of conduit in Wood Street. Notices
of the hearing were sent to the abutters and filed with the Public Works
Department. Mr. Edward Kelley said that this petition is necessary to pro-
vide electric service to L. H. Hewett Company. A report from Mr. Empey
recommended that permission 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 Boston Edison Company for the following location of conduit: Wood
Street, southwesterly approximately 10 feet southeast of Wildwood Road, a
distance of about 12 feet.
Two new Patrolmen, Cleveland Coates and Ronald Wells, met with the Board
and were sworn to the faithful performance of their duties by Miss Mary R.
McDonough, Town Clerk. Board members welcomed them and wished them success
as members of the Police Department.
The Board approved the following agenda items:
Upon motion duly made and seconded, it wasvoted to approve the minutes
19, 1980.
of the Selectmen's meetings of May 5, May 12, and May
Upon motion duly made and seconded, it was voted to sign the Entertainment
license for Chadwick's Ice Cream Parlor, 903 Waltham Street, for June 18,
19 and 20, 1980 from 7:00 p.m. to 11:00 p.m.
Upon motion duly made and seconded, it was voted to grant permission
to James J. Lima, 40 Vaille Avenue, to erect three temporary signs on town
property advertising for a garage sale to be held on his property on Sat.
June 14 and Saturday, June 21. Signs to be erected on the day of the sale
and removed immediately thereafter.
Selectmen's Meeting
- 2 - June 9, 1980
7 I
Upon motion duly made and seconded, it was voted to sign the Orders Sewer
for Construction of Sewers on Edgewood Road, Glen Road South, Lowell Street, Orders
North Street, Oakland Street, Saddle Club Road, Maple Street, Meriam Street,
and Somerset Road.
Upon motion duly made and seconded, it was voted to accept with regret Resigna.
the resignation of Mr. Barry Marshall as a member of the Human Services Human
Committee. Services
The Board agreed to meet with the Human Services Committee on
June 23, 1980-to.discuss the committee's proposals regarding Reed Street.
Mr. Zehner, Town Treasurer, met with the Board regarding the $1,050,000 Treasurer
bond issue which was floated on June 4. Twenty-three bids were combined
into eleven individual bids, and the bids ranged from 5.10 percent to 5.50
percent. Mr. Zehner recommended approval of the award to the low bidder,
continental Illinois National Bank &Trust Co. of Chicago at 5.10 percent.
Upon motion duly made and seconded, it was voted to approve the recom-
mendation of the Treasurer to award the $1,050,000 bond issue to the lowest
bidder, Continental Illinois National Bank & Trust Co. of Chicago at 5.10
percent
Upon motion duly made and seconded, it was voted to amthorize the
Treasurer to cause facsimiles of the signatures of the Board to be en-
graved or printed on the bonds; to approve the certification by the Clerk
of the Board of the vote approving the sale of the bonds; to sign the
No Arbitrage Certificate for the bonds, and to approlre.thecdocument
certifying the sale of the bonds and that no litigation is involved.
The Board approved the following items on the Manager's agenda:
Upon motion duly made and seconded, it was voted to approve Mr..Hutchin- Acting
son's appointment of Mrs. Nancy Banks as the Acting Manager during the period Manager
of June 16 through June 20, 1980 when Mr. Hutchinson is to attend the School
ot7 Management Control Systems at M.I.T.
Upon motion duly made and seconded, it was voted to authorize the Lease -
Manager to negotiate the extension of the lease to the Assetblies of Munroe
God Christian Center for space in the Munroe School for six months-. School
Mr. Hutchinson said that he would come back to the Board with in-
formation on the proposed sublessor of the Assemblies of God Christian
Center.
Upon motion duly made andseconded, it was voted to approve the Chamber
Manager's recommendation to grant permission to the merchants of the of Com -
Chamber of Commerce to use musical groups in the Center on Friday merce
evenings. Mr. Hutchinson said that no problems are anticipated as
we had previous experience with the musical groups during "Lexington
Discovery Days."
Upon motion duly made and seconded, it was voted to sign Contract Contract
80-2-E awarded on May 12, 1980 to Charm Construction Inc. for sanitary 80-2-E
sewer construction in the amount of $407,312.21. Sewers
Comp.
Drainage
Study
Phase III
Ch. 90
Hancock
Street
Water
Main -
Rockville
Avenue
Selectmen's Meeting - 3 - June 9, 1980
Mr. Hutchinson said that after an extensive review and selection
process, it is recommended that the firm of Camp, Dresser and McKee, Inc.
be selected to perform the comprehensive drainage study in the Tophet
Swamp and Simonds Brook-Noath Lexington Brook Drainage areas. We feel
that CDM has the necessary technical expertise to perform the study
and will be responsive to the needs of the town. The appropriation
is contained in Article 16 of 1979 and Article 15 of 1980, total of
$68,000.
Upon motion duly made and seconded, it was voted to award Phase III
of the Comprehensive Drainage Study, which includes the Tophet Swamp and
Simonds Brook -North Lexington Brook drainage areas, to Camp, Dresser and
McKee, Inc., One Center Plaza, Boston, subject to negotiation of a con-
tract not to exceed $68,000.
Mr. Hutchinson recommended approval of Extra Work Order #1 in the amount
of $4,925 for the Hancock Street Chapter 90 project, which would include
gutter inlets to be added to the new catch basins to provide adequate
clearance between the catch basin grates and the underground telephone
duct line; also, sod is to. be used in lieu of loaming and seeding on
Brigham Road as this would eliminate the long-term disruption of the
affected properties and would ensure aimatch with existing lawns in
the area. The total contract price was $198,892.25, additional work
order of $4,925; total of $203,817.25. The cost of the items included
in this extra work order will be reimbursed to the town by the Mass.
Department of Public Works as part of the contract agreement.
Upon motion duly made and seconded, it was voted to approve Extra
Work Order #1 for the Hancock Street Chapter 90 project, in the amount
of $4,925.
Mr. Hutchinson requested approval of lowering the water main on
Rockville Avenue, which is tied into the street construction of Rockville.
The review of the profile for the proposed street construction shows that
the existing water main will lack sufficient cover and a high possibility
of freezing could occur; therefore, it is proposed to lower the main by
about 2 feet.,while concurrently installing the sewer. This will allow
time for the trench to settle before beginning street construction work.
Great Northern Constructors, Inc. is;constructing sewers in this area
and at our request has submitted an estimated price of $14,000 to lay
the 400 feet of water main and the necessary contingencies, and it is
recommended that this work be paid for out of Article 18, 1980 -Street
Construction.
After discussion, the Board approved the request.
Upon motion duly made and seconded, it was voted to approve the recom-
mendation of the Manager to lower the water main on Rockville: Avenue at an ap-
prdximatd cost of $14,000. Appropriation contained in Article 18, 1980 -
Street Construction.
Selectmen's Meeting - 4 - June 9, 1980
Mr. Hutchinson advised the Board that the Transportation Advisory LEXPRESS
Committee recommends variations in Routes 2, 3 and 5 to accommodate
summer needs. Also, the recommendation to cancel summer Saturday ser-
vice, with the understanding that the authority could be held in abeyance
until they have had an opportunity to evaluate the experience. The con-
tract runs until September and the committee has been working very hard
to stay within the budget. Mr. Hutchinson felt they should have some
flexibility of initiating a change, and with schools closing and vaca-
tions, they should'have the capacity to cove forward very quickly.
During discussion, Mr. Crain pointed out that he had attended meetings
of the committee and there is a possibility of a shortfall of $3,000,
and when one analyzes what would be the best options and alternatives
to explore,wbat would have the least impact on the citizens, Saturday
looms as the most logical alternative. It is rather the chemistry of
those facts Cather than saying Saturday isn't producing enough income.
Also, in the May 27 memo from the Transportation Advisory Committee,
reference was made to using revenues for F.Y. 81 in F.X. 80, and he
felt that careful consideration should be given as to whether we want
to mix those kinds of monies. The Board agreed.
Upon motion duly made and seconded, it was voted to authorize the
Manager to discontinue LEXPRESS service on Saturdays, subject to an
evaluation period and notification of the proposed action to the Board
and the public. The recommended LEXPRESS route variations were also
approved.
Mr. Hutchinson said that the regulations regarding curbside collec- Curbside
tion have been updated since the last meeting, and he recommended that Regs.
they be adopted. Collection days are on Monday for Precincts 1 and 2;
Tuesday -Precincts 3, 4 and 5; Wednesday -Precincts 6 and 7; Thursday -
Precincts 8 and 9. The sanitary landfill closes on July 1, 1980.
The Belmont Board of Selectmen rejected our proposal for small private
businesses be allowbd.access to the Belmont facility on Concord Avenue.
We will continue to work on the transfer station, and we are. listing
private landfills and private contractors' services that are available
for individual businesses that have been using our landfill.
Regarding the recycling center, we are proposing, and still need
guidance, that the landfill be made available on Tuesdays and Thursdays
from 8 a.m.. to 12:00 N. We are in a position,.:subject to the Board's
authorization to provide the facility, the site, and also to provide
some administrative and staff support to that effort. These dates are
subject to change a little bit.
In response to questions, Mr. Empey agreed to ask the contractor
for a definition of how large a container is considered bulk size of
spray chemicals.
Discussion was held on enforcement of the restriction on placing
of materials at curbside before 5 a.m. on collection day. Mr. Hutchinson
said that we look at appropriate notice provisions and experience factors
and we are saying it can be enforced. Mr. Kent said that there is a re-
lationship to the dog leash law and in theory at least if the leash law
is obeyed, the dogs don't get into the material. Mr. Cohen pointed out
that there is a by-law which does have a penalty of $50 and in some way
that could prevail. Mr. Busa suggested reviewing that and have a lesser
penalty the first go -around.
Mr. Hutchinson said that we are sending out an information sheet
and would say that a penalty and notice provisions are currently under review.
;i4
Recycling
Selectmen's Meeting - 5 - June 9, 1980
Chairman Miley discussed Concord's recycling program with a private
organization and the proceeds are used for different environmental ands.
Of the $2,000 profits, they gave the Minutemaalloeational School $500
for a solar greenhouse. We may not be able to get something similar
to this in place by July 1st but we might be able to work on it for
the future; that would more or less take it out of the hands of the
town and yet it would satisfy many of us who feel that we should re-
cycle to the ultimate. We can go ahead with Mr. Hutchinson's recom-
mendations for now. Also, we would like to -continue with the -.help
of the former ad hoc committee, and we appreciate all the work they
have been doing.
Mr. Hutchinson said that the landfill would open on Tuesday and
Thursday with some minimum manning support at that time, the intent
being that we would work with these recycling groups so that they maid
form a private non-profit corporation to utilize the town's facilities
as a whole and they would effectively man it. Ideally, we would expand
the hours so that we could get into a revenue generating system. We are
not going to be picking up anybody's recyclables but just going tobe.
checking on how our operation is running and insuring that people aren't
abusing the system. There is nothing budgeted for recycling but we do
have the money budgeted from the standpoint that we can take existing
operating people to check on the facility and we will have a man working
on the slopes, etc. ensuring that people don't come up and dump all their
trash. That is why it is necessary to get another vehicle in place to
manage this.thing. By September 1, we should have a non-profit organize.-
tion
rganiza-tion in place running effectively the recycling program for the town.
Upon motion duly made and seconded, it was voted to adopt the
Rules and Regulations Governing the Combined Curbside Collection of
Rubbish, Garbage and Ashes and the recycling component, with the
proviso that recycling be reevaluated on September 1, 1980..
Stratham Mr. Hutchinson discussed the Stratham Road sewer project.and recom-
Road mended that the Board vote to go back to Solution A, which is the original
Sewer sewer programsuggested by the Board. Apparently, those people who sent
letters and petitions for additional consideration of the sewer extension
have changed their minds .based on information they have. We would like to
get on with the rest of the program on bidding for the rest of the towns-
people as well as this particular area. This does not mean that adminis-
tratively we do not feel again that sewers will eventually be needed in
this area, but would like the record to reflect that these people are
against sewers in this area, so that people who do come into the area later
on know that it has been discussed and debated. We now recommend that we
now go forward with our original program and delete the extension of the
sewer.
Upon motion duly made and seconded, it was voted to delete the exten-
sion of the Stratham Road sewer and proceed under Solution A which is the
original sewer program for Stratham Road.
Selectmen's Meeting - 6 - June 9, 1980
Mr. and Mrs. Casey and residents of Valley Road met with the Board,. Valley
Mr. Hutchinson said that the residents' concerns regarding erosion had Roast
been discussed with the consultant that this be reviewed for a proposal. Brook
Right now, there is no money within the municipal budget to do any work
in this area. Out of the proposal (1) We might take a look at what can
be done in this area and other areas. (2) There will still have to be
a public policy decision on what level of assistance, if any, the town
is going to be involved in regarding programs like this.
Mr. Hanlon, Town Engineer, said that one alternative is basically
do nothing, which means the property owners involved will have to make
any repairs they feel are -necessary. Realistically, there is an erosion
problem there; however, he did not think it is a severe erosion problem
at this point and no immediate need for some remedy, whatever that remedy
is. Access to that area of the brook is very difficult, and he had
looked at it from each end of the spectrum. Starting at Valley Road
to the the bed of the brook all the way to Bedford Street, the brook
should be cleared as it is fairly well overgrown; to clean it out and
line it with rip -rap to permanently control the erosion problem. This
would require extensive disruption to equipment and would mean that the
existing vegetation would be completely removed. The resulting rip -
rapped channel may be aesthetically unacceptable to the town and the
property owners. The estimated cost to do this work is between $80,000
and $100,000. At this point, he din't think it is a severe problem and
it is best left for the consultants to do a comprehensive drainage study
and let us take a good, hard look at it and make some recommendations.
Then, have a lot of input from the Conservation Commission and the Plan-
ning Beard and we will find out exactly what is acceptable.and what is
to be done for the residents.
Mr. Hutchinson said for the residents' information, this will be tied
into the next budget process for any requests to be made and any public
policy decisions that the Board is going to make as well as Town Meeting
concerning projects of this nature. That ties in with all the fiscal
restraints that the Board is going to be addressing next year relating
to the normal budget process with or without Proposition 2 1/2. The
survey would take from 6 to 9 months and we can have available for the
Board our best efforts and reasonable solution on alternatives.
Mr. Kent said that if we are going to have a public policy, Ake are
going to have it not directed specifically to this kind of a problem but
to problems in which our brook policies and developmental practices
impact on citizens with properties that-=a1ut brooks. We will make every
effort as the study takes place and as the various town boards get in-
volved to keep these neighbors informed ka. that they may have an opportunity
to listen and be heard.
Mr. Hutchinson said that we have done so and will do so in the future
as this issue comes up.
Mr. Busa said that he sat on a review board with the engineers and
they are going to look into into it. The Town Engineer might not think
it is a serious problem but the neighbors whoseland is eroding through
each storm have very serious problems as the brook was only 2 feet wide
and is now 4 to 6 feet wide. He didn't think it would take $80,000 to
$100,000 and we could curtail the erosion by taking other means of trying
to contain the water in its rapid flow down there. He was sure the people
are satisfied that we are taking it under consideration and they will be
informed. Hopefully,by:next March, we might have something more concrete
and some dollars in the budget to at least abate some of the problems there.
The residents retired from the meeting.
CATV
Pest
Control
Advisory
Committee
Selectmen's Meeting
- 7 - June 9, 1980
Mr. Page, Chairman, and members of the Cable Television Advisory Com-
mittee met with the Board to discuss an addendum to the CATV draft report.
Mr. Page said that between now and the time of finalizing the options, the
committee would like to explore an option of organizational interface, a
cable TV council, committee, or however it gets labeled, with functional
reporting ties not only to the Board of Selectmen but also to the Cary
Library Board of Trustees and the School Committee. It could report
administratively to the Town Manager.
There are several parts of the Selectmen's report which will need
legal surveillance and advice; the committee would like to add advice
from the Comptroller because of the terms of the budget arrangements be-
tween cable companies and the town on support of local use.
The advisory committee should probably provide information on the
public hearing on July 17. The date for amendments' submission should
appear in the Selectmen's report. This report should be made available,
by state regulations within seven days after its issuance, to cable
companies. A date by which amendments are to be submitted from the cable
companies is tentatively August 28.
One of the things that was not stressed in any of the proposals sub-
mitted by cable companies is about the equipment that will be needed by
the institutions organizations facilities in towns which will be con-
nected under the institutional network. How that equipment will be needed
has to be more specifically spelled out in our report and we will be working
on that.
People in the Hanscom Field apartment area would like to be connected
in, and the committee will be commenting on that in our report.
June 23 was the date for the Selectmen to issue the report but you
do have spare time. The Board agreed it would not be ready for the
Selectmen's CATV Report to be completed by June 23 and would take more
time.
Mr. Page said that another issue is the possibility of revenue from
advertising, and part of this could go towards support of the local use
of CATV.
It was agreed that arrangements will be made for a meeting to be
held with Chairman Miley, Mr. Buse, Mr. Page and members of the cable
committee to discuss the selection process and information for the
Selectmen's CATV Report.
The Pest Control Advisory Committee met with the Board to discuss
the majority and minority reports on mosquito control. Mr. Andrews,
Chairman, said that he didn't think the objectives and goals are dif-
ferent but there was some disagreement on how to get there and what
the priorities should be. What we are proposing begins immediately
with public education programming with the source reduction techniques
for eliminating mosquito breeding sources. The way to do it is to re -
contour the breeding areas. We feel we need more information to do effec-
tive larviciding and one of the reasons that we recommend is to define
where we want to go that would be advantageous. The committee had
questions of laviciding that has been done in the past and it is im-
portant to begin using the safer materials - non -chemicals; they don't
raise questions of trade. -offs. The minority report seems to give
the impression that we were saying that the Lexington program should
not be conducted by a mosquito control project on any kind of regional
organization. That was not our intention; we specifically avoided
making a recommendation about ultimately who does the work. We do
Selectmen's Meeting - 8 - June 9, 1980
think the important thing is a more effective citizen input in review of
what's being done, both the reference to the materials that are used and
where they are used.- We feel that a structure would be needed eventually
if we are going to use chemical lavididing or if we are going to a mos-
quito control project. We are not recommending agsinst the use of a
mosquito control project at the time you decide to do that. We think
we need more information before we make that decision. We need to
establish a base line deduction in the mosquito population so that
when we do apply the techniques, they are applied only where they are
needed.
Mr. George Smith said that he and Mr. Paul Mazerall disagreed with
the majority report and the findings and the methods they propose to use
to combat mosquito problems. We need a formal on-going program and you
would have to write to the State -Reclamation Board for approval of your
project. If you do that tomorrow, it could start in July.
Mr. Hutchinson said that the amount of money we have is $9,000, but
that is not available until July 1.
Chairman Miley asked if we did go to East Middlesex, would we have
any control over anything they would do?
Mr. Smith said that the town has always had control over the project
and you could outline the program.
The Board agreed to delegate the Manager to come back with a program
on June 23 for discussion and final decision to be made on mosquitoes.
Mr. Hutchinson said that he had received a request from Mr. Robert Earm Land
Cataldo to lease four acres of land on Marrett Road for agricultural pur- Marrett
poses. The Conservation Commission has recommended that this be dwmes.+;•J. Road
and they have drawn up a lease structure for all properties to be farmed.
Subject to that, Mr. Hutchinson recommended that he be authorized through
the Conservation Commission to go forward and make a lease. It is not
Conservation land. Chairman Miley said that people in the area should be
notified of the intent. Mr. Hutchinson agreed to notify the residents
and bring it back to the Board on June 23.
Mr. Crain expressed concern about how long the process is taking to Traffic -
alle*iate the traffic problem in the Wilson Road area. Mr. Hutchinson said Wilson
that the center lines have been painted, the striping has been done, hedges Road
have been cut and stop signs installed. The gate is only thing that hasn't
been done and we have to talk to the school system about it.
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
go into executive session for the purpose of discussing strategy with
respect to litigation and collective bargaining.
After discussion, it was voted to go out of executive session.
Upon motion duly made and seconded, it was voted to adjourn at
11:30 p.m.
A true record, Attest:
Executive Clerk, Selectmen
Transfer
Reevaluation
Transpor-
tation
SELECTMEN' S MEETING
June 23, 1980
A regular meeting of the Board of Selectmen was held in the
Selectmen's Meeting Room, Town Office Building on Monday, June 23, 1980
at 7:30 p.m. Chairman Miley, Mr. Busa, Mrs. Battin, and Mr. Kent; Mr.
Hutchinson, Town Manager, Mr. Cohen, Town Counsel, and Mrs. Banks, Assistant
to the Town Manager were present.
Mr. Hutchinson requested the Board to authorize the transfer of funds
from the Reserve Fund. Upon motion duly made and seconded, it was voted to
approve and request approval of the Appropriation Committee for a transfer
from the Reserve Fund to account 5700 - $15,600 to cover unanticipated energy
and repair costs and to account 2525 - $1,700 to cover the monthly computer
service charge, which has been higher than anticipated.
The Board of Assessors met with the Selectmen to update them on the
status of reevaluation. Mr. Willard Grush introduced Mr. Vern Gardner of
Patten_ Appraisal to give a status report. Mr. Gardner informed the Selectmen
that 80% of the properties are measured and listed. They anticipate completing
the real property review in early September. During the fall Patten, Appraisal
will send each property owner a mailer listing their findings. All owners will
have an opportunity to notify Patten, of discrepencies or errors. The first
values will be generated January 1, 1981 and property owners will be advised
of the value which Pattexu; will be recommending to the Board of Assessors.
During March and April, owners have an opportunity to appeal the proposed
values to Patten. Appraisal and finally to the Board of Assessors when the
official rates are sent in August as part of the tax bill.
The Board of Selectmen discussed presentation of the FY82 Budget.
It was agreed that the equalized tax rate must be used in considering
the new budget, even though the Board of Assessors will only have rough
estimates in December.
Mrs. Sally Castlemen, co-chairman of the Transportation Advisory
Committee and Mrs. Sara Arnold, Transportation Coordinator met with the
Selectmen to review proposed fare changes.
Upon motion duly made and seconded, it was voted to sell monthly
passes during July and August at a cost of $6.00 per month.
Upon motion duly made and seconded, it was voted to approve the
following fare structure for the period September 1, 1980 to June 30, 1981.
Unlimited pass, September - June - $40.00
6 month pass $30.00
3 month pass $20.00
single ride - Age 6-64 .40
single ride - Age 65 and over .20G
single ride - 5 and under .10.
transfers .113
Burlington surcharge .25
Book of 14 tickets $ 5.00
Mrs. Miley thanked Mrs. Castleman and her committee for their hard
work.
Selectmen's Meeting June 23, 1980
Mr. Fred Bailey, Chairman Burglary Alarm Committee and other members
of the Committee met with the Selectmen to discuss their recommendations
for regulations. Mr. Kent asked if the regulations should reference the
fact that only dialer systems will be permitted. The committee agreed to
review the regulations and add the reference. The Board decided to
hold a public hearing on the regulations as recommended by the committee
in July.
Mrs. Miley read two reports
first recommended a stop sign on
and a second report recommending
Cliffe Avenue.
from the Traffic Safety Committee, the
Brookwood Road at Saddle Club Road
a stop sign on Theresa Avenue at
Mr. Kent asked if the neighbors had been contacted. Mr. Busa
responded that the sign on Theresa Road was being recommended after
a request from the neighbors. No reference was made in the report to the
neighborhood reaction to the sign on Brookwood Road
Upon motion duly made and seconded it was voted. to table approval
of the stop sign on Brookwood and approve the stop sign on Theresa Avenue.
Upon motion duly made and seconded, it was voted to approve a request
from the U. S. Conference of Mayors to proclaim 1981 as the International
Year of Disabled Persons.
Upon motion duly made and seconded, it
-Entertainment license from Daman
d/b/as Bel Canto Restaurant.
-Auctioneer License for Stephen W.
was voted to approve:
Enterprizes Inc.
Kreide.
Mr. Busa reviewed the Estow/Smoske dog hearing held June 18, 1980.
He recommended that the dog be removed from the neighborhood within 15
days. Ms. Smoske has claimed that she does not own the dog, although
Town records do show that she is in fact the owner.
The Board also noted on the hearing minutes two corrections.
On the first page last paragraph and on page three first paragraph
in which Estow is incorrectly refered as Smoske.
Upon motion duly made and seconded, it was voted to have the dog
removed from the neighborhood within 15 days and further that the notice
to Mrs. Smoske include the license number.
Upon motion duly made and seconded, it was voted to approve the
minutes of May 29, 1980 and June 9, 1980.
Mrs. Miley informed the Board of a request for use of the Battlegreen
by American Lifestyle Company to film the life of Paul Revere. Mrs.
Battin asked whether the film was for commercial or public service
purposes.
Upon motion duly made and seconded, it was voted to table this
item. Mr. Hutchinson was asked to review the request to determine
if the film was for commercial or public service use and report back
to the Board.
Burglary
Alarm
Regulations
Traffic
Safety
Committee
Interna-
tional Year
of Disabled
Persons
Licenses
Dog
Hearing
Minutes
Request for
Use of
Battlegreen
Cable TV
Selectmen's Meeting
-3- June 23, 1980
Mr. Bill Page, Chairman of the Cable TV Committee and Mrs.
Martha Wood met with the Board to continue discussion of the draft
Cable TV report.
The Board raised two concerns. First the Board felt the requirements
for elderly programming were too stringent and recommended language
which would allow for more flexibility. Second the Board expressed
concern about the community use of cable TV. It was agreed that the
committee would review these sections and present their revisions
to the Board.
The Board further agreed to hold a public hearing July 17, 1980
and establish September 11, 1980 as a deadline date for receipt of
amendments to applications.
Pest Control Mr. John Andrews, Chairman of the Pest Control Advisory Committee
Advisory met with the Selectmen. Mr. Andrews introduced the members of his
Committee committee.
Mrs. Miley reviewed the recommendations prepared by the Town
Manager's Office, which called for rejoining East Middlesex and
conducting a program of lavaciding, ditching and draining work.
Mr. Andrews was asked to, comment. He said that he was concerned
about the resources available for survey work. He felt that even
if part of the proposed program had to be cut, it would be worthwhile
because of the base line information which would be developed for use
in the long-term. Mr. Hutchinson recommended the program be adopted
as recommended and funds from temporary help be utilitized to do the
survey work.
Upon motion duly made and seconded, it was voted to adopt the
recommended program including:
-rejoining East Middlesex Mosquito Control Project
- participate in spring and summer lavaciding
- ditching
-Increased review of program by Conservation Commission
and further that the Manager investigate the use of temporary help
monies to conduct a survey of breeding areas and second that the Manager
review the overhead costs of the East Middlesex Controlj
�Proect.
Mr. Andrews discussed the control over East Middlesex Control
Project and recommended additional controls. The Board agreed that this
would be done as part of motion just passed. Mr. Busa said he hoped the
Board would consider adulticiding in the future particularly if recommended
by East Middlesex Mosquito Control Project or the Health Office.
(Human Mrs. Ruth Butler, Chairman Human Services Committee and the members
Services of the committee met with the Board of Selectmen to discuss their work
to date and their future directions. She briefly discussed their activities
to date and their current effort to develop a framework, from which
they can evaluate and deal with issues. A major component of this framework
they are proposing is the concept of prevention. Under this concept,
agencies would be held accountable for a particular outcome. This type
of approach would force agencies to think in terms of prevention. The
Board did not feel the committee's approach was in conflict with their
own, but felt it was important for the committee to focus on prevention
in terms of the charge to the committee.
Selectmen's Meeting 4 June 23, 1980
The committee also discussed a workshop they are proposing for the
fall. The Board asked that the committee put their ideas in a written
report. The Board also agreed to communicate back to the committee on
actions it takes in response to the committee's recommendations. In
response to the committee's recommendation to have the planning department
map out the institutional facilities, the Selectmen have done this.
Section 8 family housing is not being included since its location is
subject to change as recipients move.
Upon motion duly made and seconded it was voted to accept the
Town Manager's recommendation to approve Boston Mutual's request
to sell additional life insurance to employees at group rates with
the understanding that soliciting would not take place in Town
time.
Employee
Insurance
Upon motion duly made and seconded, it was voted to approve Road
the Town Manager's recommendation to award the street resurfacing Contract
contract to Starrett Paving Corp. in the amount of $101,265.75. The
contract will cover street resurfacing on the following streets:
Winthrop Road
School Street
Pleasant Street (from Lawrence Lane to Concord Avenue)
East Street (from Adams Street to Frant Street)
Eldred Street
Baker Avenue
Blueberry Lane & Tyler Road Intersection
Upon motion duly made and seconded, it was voted to approve the
Town Manager's recommendation and deny the request from Mr. and Mrs.
Horigan of 30 Wyman Road for curbing in front of their property. Mr.
Hutchinson reported that this recommendation is consistent with the
Town policy to install berm only where there is erosion. There is
no sign of erosion in this case.
Upon motion duly made and seconded, it was voted to authorize
the Lion's Club 4th of July Carnival to move in Sunday, June 29 at
7:00 p.m. and to operate on:
Wednesday, July 2 from 6:00 p.m. to 11:00 p.m.
Thursday, July 3 from 6:00 p.m. to 11:00 p.m.
Friday, July 4 from 12:00 Noon to 11:00 p.m.
Saturday, July 5 from 12:00 Noon to 11:00 p.m.
and to move out on Sunday, July 6 at 1:00 a.m.
Upon motion duly made and seconded, it was voted to approve
Mr. Cataldo's request to farm four acres of town owned land on Marrett
Road, subject to working out satisfactory arrangement with abutters.
Upon motion duly made and seconded, it was voted to approve the
pay plan for FY81 with the exception of the Police Mechanic which
will be reviewed at a later date.
Curbing
Lions Club
4th of July
Carnival
Request to
farm Town
owned land
Salaries
Selectmen's Meeting
-5- June 4, 1980
FY81 SALARY RANGES
CLERICAL
Classification Minimum Midpoint Maximum
S-1 Clerk 8,096 9,199 10,302
S-2 Clerk/Typist 8,540 9,704 10,869
S-3 Senior Clerk 8,908 10,238 11,568
S-4 Account Clerk 9,397 10,801 12,205
S-5 Principle Clerk 9,893 11,503 13,133
S-6 Administrative Clerk 10,461 12,308 14,154
MANAGEMENT
M-1 Engineering Aide 11,475 13,500 15,525
M-2 Assistant Comptroller 12,623 14,850 17,077
Recreation Coordinator
M-3 Budget Administrator 13,885 16,335 18,785
Executive Clerk
Supt.Building Maint.
Electrical Inspector
Engineering Assistant
M-4 Supt. Cemeteries 15,274 17,969 20,664
Tax Collector
Building and Gas
Inspector
M-5 Civil Engineer 16,802 19,766 22,731
DPW - Office Manager
Police Lieutenant
Dir.Conservation/
Recreation
M-6 Supt. Parks and Trees 18,482 21,743 25,004.
Supt. Water
Supt. Highways
Supt. Mechanics
Town Clerk
M-7 Asst. Town Engineer 20,330 23,917 27,505
Health Director
Town Assessor
2-3
Selectmen's Meeting -6- June -9, 1980
Classification
Minimum Midpoint Maximum
M-8 Building Commissioner 21,837 26,309 30,782
Manager-Admin.and
Planning (DPW)
Manager -Operations (DPW)
Town Engineer
Planning Director
Police Captain
Assistant to the Town
Manager
M-9 23,152 28,940 34,728
M-10 Comptroller 25,468 31,834 38,201
Police Chief
Fire Chief \V
M-11 Dir.DPW/Engi ring 28,044 35,017 42,020
SPECIALS
Custodians 10,914 12,266 13,617
Head Custodian 11,928 13,452 14,975
Animal Control Officer 13,185 14,623 16,060
Fire Dispatcher 9,649 11,425 13,200
Police Dispatcher 10,721 12,461 14,200
Mr. Hutchinson briefly discussed the Council on Aging's request Council
for additional space. It was agreed to invite the Council to the on Aging
Board of Selectmen's July 7th meeting to discuss their request, and
the status of a nutrition program.
Upon motion duly made and seconded, it was voted 4-0 by roll call
vote, Mrs. Miley, Mr. Busa, Mrs. Battin and Mr. Kent to go into Executive
Session with no intents of resuming the open meeting, for purposes of
discussing land acquisition and strategies for 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
11:00 p.m.
A true record, Attest:
'27c /3 (
Assistant the Town Manager
1
VOIp
SELECTMEN'S MEETING
JULY 7, 1980
A regular meeting of the Board of
Meeting Room, Town Office Building, on
Chairman Miley, Mr. Busa, Mrs. Battin,
Town Manager; Mr. Cohen, Town Counsel;
Selectmen was held in the Selectmen's
Monday, July 7, 1980, at 7:30 p.m.
Mr. Kent and Mr. Crain; Mr. Hutchinson,
Mrs. Banks, Assistant to the Town Mana-
ger; Miss Casey, Principal Clerk, Selectmen, were present.
The Chairman convened the meeting at 7:30 and the Board discussed the
1980 annual committee appointments.
Upon motion duly made and seconded, it was voted to make the following
appointments:
COMMITTEE/PERSON`
BOARD OF APPEALS
Irving Mabee
BOARD OF APPEALS (ASSOC)
William Hays
Robert M. Gary
Eric T. Clarke
William J. Scouler
Clarence D. Turner
Robert V. Whitman
PERSONNEL ADVISORY BOARD
Joanne G. Small, Chairman
Richard Daggett
TOWN REPORT COMMITTEE
Erna S. Greene
Raymond J. Culler
Robert B. Sawyer
Patricia Kaczmarczyk
Robert Morrison
Patricia Rosenthal
Louis A. Zehner
POLICE MANUAL POLICY
COMMITTEE
Robert B. Kent
William C. Hays
Alexander J. Cella
Hugh M. Chapin
Irving H. Mabee
Gerald L. McLeod
Chief James F. Corr
TERM EXPIRATION DATE
5 years May 31, 1985
fill.vacancy May 31, 1981
1 year
n
n
3 years
fill vacancy
'7
n
11
May 31, 1983
1 year May 31, 1981
11 R
fill vacancy
1 year
May 31, 1981
SEWER ADVISORY COMMITTEE
Katherine G. Fricker
Gordon E. Barnes, Jr.
David Laredo
George F. McCormack
Kenneth W. Nill
Richard J. Rycroft
1 year May 31, 1981
it !r
II it
n n
11
it 11
TRUSTEES OF PUBLIC TRUSTS
Frederick B. James 6 years
BRIDGE CHARITABLE FUND
Frederick B. James 3 years
CAMEL LEGACY INCOME TRS.
Helena Butters
Leona W. Martin
SCHOOL SITES CONVERSION
COMMITTEE
Mary W. Miley
Roland B. Greeley
William P. Kennedy
Joseph 0. Rooney
Arthur C. Smith
William T. Spencer
Robert M. Hutchinson, Jr.
HUMAN SERVICES COMMITTEE
John Mackey
YOUTH COUNSELOR
Charles H. McManus
TOWN CELEBRATIONS COMMITTEE
William P. Fitzgerald
Raymond J. Flynn
Robert C. Jackson
Marion H. Snow
Daniel:M. Murphy
C. Jean Coates
1 year
1 year
May 31, 1986
May 31, 1983
May 31, 1981
1 year May 31, 1981
n
11
tl
fill vacancy May.31,-`1'981
1 year May 31, 1981
3 years April 30, 1983
11 II
n
/ n r /4S/
5 11
3 n r95'3
After discussion, the Board agreed to table the appointments to the Cen-
ter Revitalization Committee and Fence Viewers.
Upon motion duly made and seconded, it was voted to table appointments to
the Center Revitalization Committee and Fence Viewers.
The Board also discussed the vacancy on the Sewer Advisory Committee and
agreed to table the appointment.
Upon motion duly made and seconded, it was voted to table the appointment
to fill the vacancy on the Sewer Advisory Committee.
The Board discussed the appointments to the School Sites Conversion Com-
mittee and Mr. Busa suggested that the present committee members be reappointed
to handle the Munroe School only. He stated that he felt that it was too much
work to handle the disposition of all of the schools that would be closing.
The Board agreed and that it would not preclude overlapping members and that
the separate committees could coordinate their thinking when the committees '
for the other schools have been formed.
1
- 3
Selectmen's Meeting July 7, 1980
2 G
The Board discussed a letter from Janice L. Harrington, Director of Pub- Clean
lic Information, of the Metropolitan Area Planning Council, stating that the Air Day
Council, in conjunction with the U.S. Environmental Protection Agency, is MAPC
promoting September as "Clean Air Month". MAPC requested that Lexington ap-
point a local "Clean Air Day" coordinator and make "Clean Air Day" an official
event in Lexington.
After discussion, it was decided to table the request until the Directors
of the Board of Health and the Conservation Commission are contacted.
Upon motion duly made and seconded, it was voted to table the request of
the MAPC to appoint a "Clean Air Day" coordinator and make "Clean Air Day" an
official event in Lexington.
The Board met with Mr. Page, Chairman, and members of the CATV Committee CATV
to discuss its final report to the Board submitted in accordance with the Pro- Report
cedural Regulations for Granting Community Antenna Television Licenses promul-
gated by the Massachusetts Community Antenna Television Commission ("Massachu-
setts Cable Commission") pursuant to Massachusetts General Laws, Chapter 166A,
Section 16; licensing regulations now found in Section 3.00 of Title 207 of
the Code of Massachusetts Regulations (cited as "207 MCR 3.00").
Mr. Kent moved to adopt the Lexington CATV Committee report in the form
of a general letter in draft form dated July 7, 1980 attached to the report.
Mr. Kent read the letter in its entirety.
Upon motion duly made and seconded, it was voted to adopt the Lexington
CATV Committee report in the form of the general letter in draft form attached
to the report.
The Chairman, on behalf of the Board, thanked Mr. Page and his committee
for the time and effort expended on behalf of the Board and the people of
Lexington for the years devoted to the project.
Mr. Page and members of his committee retired from the meeting.
The Chairman referred the Board to its copies of a letter from the MBTA MBTA
Advisory Board requesting Lexington to join other communities in a suit being
prepared by the MBTA Advisory Board to be filed to contest the assessment
of charges included in the State's cherry sheets incurred during the Governor's
unauthorized takeover of the MBTA in December, 1979.
After a brief discussion, Mr. Kent moved to table the request for Execu-
tive Session since it involved litigation.
Upon motion duly made and seconded, it was voted to table the request of
the MBTA Advisory Board for Lexington to join other communities in a suit being
prepared to contest assessments included in the State's cherry sheets incurred
during the Governor's unauthorized takeover of the MBTA in December, 1979.
The request will be discussed in Executive Session.
The Board discussed a "Newsletter" fron the North East Solid Waste Com- NESWC
mittee relative to its opinion that the New England Power Company had reneged
on the "gentlemen's agreement" covering the purchase price of electricity pro-
duced by NESWC. Mr. Crain felt that it would be difficult to make a proper
judgment as to whether or not there was any violation, based solely on the
information in the "newsletter". The Board agreed and it is to be referred to
the Solid Waste Committee for a recommendation.
Housing
Authority
Letter
re: re-
quest to
buy land
- 4
The Board discussed a letter received from the Chairman of the Housing
Authority relative to a request from a citizen who wished to purchase a lot
of Housing Authority land. It was the opinion of the Board, Town Manager
and Town Counsel that the lot should remain in the ownership of the Housing
Authority. Notification to this effect will be sent to the Chairman of the
Housing Authority.
The Board approved the following agenda items:
Warrant to Upon motion duly made
Animal the Animal Control Officer
Cont. Of-
ficer Upon motion duly made
Minutes of the Selectmen's meeting
Water
Abate-
ments
and seconded it was voted to sign the warrant to
relative to 1063 unlicensed dogs in Lexington.
and seconded it was voted to approve the minutes
of June 23, 1980
Upon motion duly made and seconded it was voted to abate the following
water charges:
K. Virgilo, 6 Albermarle Ave., $9.90 -incorrect reading,customer;
Mr. Rsung, 6 Peachtree Rd., $133.65 -July '79 bill abated -corrected
charges committed on July '80 billing.
George Wolf, 38 Peacock Farm Rd., $94.05 -incorrect reading, customer,
January '80 bill abated.
W. Sanborn, 32 Burlington St., $11.25 -estimated charge adjusted
N. Papantonis, 6 Brown Rd., $75.15 -incorrect reading. July '79 charges
abated. Corrected charges committed on July '80 billing.
E. Washburn, 7 Berwick Rd., $228.60 -incorrect reading/customer
Jan. '80 charges abated. Corrected charges committed on July '80 billing.
J. Petrasek, 9 Sherman St., $147.15 -meter reading mix-up.
A. Nutt, 45A Ridge Rd., $166.95 -Defective meter.
E. Hammond, 8 Constitution Rd., $124.20 -Incorrect reading/customer
July '79 charges abated. Corrected charges committed on July '80 billing.
F. Cooke, 2 Stratham Rd., $68.85 -incorrect reading/customer. Jan. '80
charges abated. Corrected charges committed on July '80 billing.
R. Thorpe, 1 Oxbow Rd., $61.20 -incorrect reading/customer. Jan. '80
charges abated. Corrected charges committed on July '80 billing.
M. Bello, 447 Bedford St., $29.25 -incorrect reading. Jan. '80 charges
abated. Corrected charges committed on July '80 billing.
D. Charlantini, 67 Valley St., $74.25 -incorrect reading/customer
Conzanelli, Heritage Drive #21, $146.25 -Incorrect reading/customer
Jan. '80 charges abated. Corrected charges committed on July '80 billing.
The Chairman read a request from Mr. Niles Schelgel of Kennecott Copper
for the installation of a mirror at the entrance of its property and Spring
Street to aid the traffic flow and safety at that location.
A review of the Traffic Safety Committee report, which the Chairman read
in its entirety, indicated that the Committee felt, that after reasearch into
such installations, effectiveness is limited, at best, and they are affected
by weather conditions and are an irrestible target for vandalism. It was the
1
1
1
Sg
- 5
Selectmen's Meeting July 7, 1980
opinion of the Committee that morrors should not be used unless there was no
other feasible alternative. The Committee felt that a feasible alternative
would be the clearing of the site on the left as one was leaving the complex.
A similar request had been received from a homeowner on Concord Avenue and a
solution was arrived at by clearing and removing an embankment.
During discussion, it was brought out that there might be some question
as to just where the trees were located. Mr. Chalpin informed the Board
that there are some trees within the layout of Spring Street and some within
within the State right=of-way.
Mr. Kent indicated that he felt, from the tone of the letter of request,
that Kennecott Copper was somewhat reluctant to take down the wall and the
trees because it forms an attractive entrance to the complex. He was reluc-
tant to take a "never" position with respect to the installation of a mirror.
The Board agreed with Mr. Kent that a further investigation of the prob-
lem should be made and Kennecott Copper officials should be notified when the
Board will make the final decision and be given an opportunity to appear be-
fore the Board at that time.
Upon motion duly made and seconded, it was voted to table the request
from Kennecott Copper for the installation of a mirror at the entrance and
exit of the Kennecott Copper complex on Spring Street.
The Board met with neighbors of the Follen Hill Area regarding their Follen
concerns for their children going to Bowman School as a result of the clos- Hill --
ing of Adams. Bowman
The Manager summarized the situation regarding the children walking to School
Bowman where there are no sidewalks in the area. A request had been made in
March for sidewalks on both sides of Follen Road; crossing guards at two in-
tersections one at Dawes and Follen Road, Locust and Follen Road; continua-
tion of sidewalks Philip Road to Buckman Drive and stop sign at the inter-
sections of Daws and Buckman; and police patrols of the entire Follen Hill
area between 2:30 and 4:00 p.m. to deter high speed traffic.
He stated that he had met with residents of the area requesting the side-
walks and said that they would be a budget item; whether or not they would be
installed would be subject to budget consideration. Past experience indi-
cates that they would be on one side rather than both. Police patrolling will
done to the best ability possible and special consideration will be given
during the transition period. He indicated that the School Committee should
consider a crossing guard at the intersection of Locust and Follen where the
largest number of children will be crossing rather than Dawes, and two would
not be recommended as there is some question, from past experience, of the
desirability of crossing guards at all where there are no sidewalks. There
are 28 children from the Locust Avenue section and 6 from an other section.
During the discussion with the parents who attended the meeting, it was
brougt out that .the parents are concerned with a long term solution to the
problem. One of the parents expressed concern about the children walking to
Dawes to cross because of the lack of visibility and that the children would
have to walk a greater distance to get there. She felt that crossing the
cbildrenvatAaweS oad._,wasthe_safer..appxoath; ubut.ngted_.#t._is_.a" blind .corner.
It is much wider and open at Locust, but would require the children to walk
a longer distance and be beyond the one mile limit before bussing is required.
Council
on
Aging
Arlex Taxi
request
rate in-
crease
- 6
It was brought out that with respect to crossing guards, the Board has
no responsibility in this regard as it rests with the School Committee. The
Manager indicated that the School Committee is expecting a report from the
Traffic Safety Committee.
Mr. Kent brought up the question of painted crosswalks. He felt that
the purpose of a crosswalk was to alert the motorist as well as to channel
the pedestrian across the street.
Mr. Chalpin indicated that it is not a State or Town regulation, but
a policy that the Board of Selectmen has used for years.
Mr. Crain pointed out to the parents that the Board of Selectmen does
not have the authority go ahead and build sidewalks, but can only recommend
it to Town Meeting who makes the final decision.
Mr. Kent indicated to the parents that if they want sidewalks they must
submit a written petition to the Board stating exactly where they wish the
sidewalks installed and be on record before town meeting begins.
Mr. Cohen pointed out that all of the abutters where the sidewalks are
going to be constructed should be contacted because of the betterments that
will have to be assessed.
Mr. Crain suggested that the Chairman call the Chairman of the School
Committee and have a further discussion about the situation before school
begins in September.
Mr. Busa pointed out that, although he felt that there is a safety
situation here, it should be pointed out that the people on Follen Road are
going to have to pay the betterments and that there has been reaction in
the past where people not involved in the sidewalks are very reluctant to
have sidewalks Constructed because of the betterments involved. He felt
that the parents present should be aware that just because they request the
sidewalk does not mean it will automatically be constructed. It was brought
out that the betterments must be paid by the abutters and not by the ones
who might be benefitted by the sidewalk, such as this case.
The Chairman thanked the parents for attending the meeting with their
input and reassured them that every possible means would be taken to insure
the safety of their children going to school.
The Chairman breifly reviewed the request of the Council on Aging for
additional rooms at the Church of Our Redeemer which had been tabled at a
previous meeting.
Upon motion duly made and seconded, it was voted to remove from the
table the request of the Council on Aging for additional rooms at the Church
of Our Redeemer.
The Manager explained that the additional rooms were needed for expan-
sion of programming needs which is not tied in with the food program.
After discussion it was agreed that the need for the additional space
was necessary and had been recommended by Mrs. Phear in her report.
Upon motion duly made and seconded it was voted to grant the request of
the Council on Aging for additonal space at the Church of Our Redeemer and
turn to the Trustees of Public Trusts for the needed $2,000.
The Board discussed a request from Arlex Taxi for a rate increase. It
was ageed that the request was for a substantial increase and that more in-
formation is needed before an intelligent assessment can be made
Upon motion duly made and seconded, it was voted to table the request
of the Arlex Taxi Corp. for a rate increase pending additional information.
- 7
Selectmen's Meeting July 7, 1980
The Chairman read the request to sign the warrant to the Animal Control Warrant
Officer .relative to unlicensed dogs in Lexington. to
Upon motion duly made and seconded, it was voted to sign the warrant to Animal
the Animal Control Officer relative to 1063 unlicensed dogs in Lexington. Control
Officer
The Chairman read the request for approval of the minutes of the Se- Minutes
lectmen's Meeting of June 23, 1980.
Upon motion duly made and seconded, it was voted to approve the minu-
tes of the Selectmen's Meeting of June 23, 1980. Approval of the Executive
Session was voted .pending correction of the word "abatements" to "betterments."
The Board discussed the request of the Transportation Advisory Committee LEXPRESS
for permission tochange some of the routes and service on LEXPRESS and to
request to have permission to ask merchants to sell books of LEXPRESS tickets.
Upon motion duly made and seconded, it was voted to approve the request
of the Transportation Advisory Committee with respect to changes on Route 3,
Route 5 and Route 7 of LEXPRESS. Permission was also granted to request the
Lexington merchants to sell books of LEXPRESS tickets.
The Board discussed the "Right Turn on Red Law" and Mr. Chalpin updated Right
the Board regarding the warrants in this regard. turn on
Presently, there are six signs in Lexington that prohibit "right turn on Red
red" and it was the recommendation of the Manager and the Traffic Safety Com-
mittee that they remain so as they are equipped with an exclusive pedestrian
phase.
The Chairman requested Mr. Busa to update the Board relative to the Har- Hartwell
well Avenue Connector. He informed the Board that last spring he, the Town Avenue
Manager and Mr. Chalpin had gone into the State House to see if they could Maguire
get the Hartwell Avenue project moving. It was determined that the Connector Road
was not on one of the prime lists of the Commonwealth. He referred to a
letter from the Traffic Safety Committee to the Board recommending that the
Board look into the Maguire Road traffic statement to see if some of the traf-
fic congestion could be alleviated. He stated that an officer of Itec has
contacted him and informed him that a group of businesses in the area were in-
terested in a solution of the traffic problem in the area. They suggested,
that, as a civic program, thecorporations in the area would fund the monies
for a design and engineering study for Maguire Road and probably take into
consideration Hartwell Avenue and Bedford Street jughandle. He stated that
after talking to people at District 4, they felt that money would be avail-
able and could probably be funded under one of their programs.
Mr. Busa explained that the potential would be for lights at the inter-
section. It was also brought out that the bicycle path would also be going
in that direction and some redesigning would have to be done on Bedford
Street so that the riders could turn into the area. This proposal would be
considered a temporary solution until the Hartwell Avenue Connector pro-
ject is undertaken.
Concern was expressed that this might be considered a solution to the
whole problem and the State would drag on the Connector project. Mrs. Miley
felt that, as far as the citizens were concerned, the Bedford Street/Eldred
Street problem was more important.
It was agreed to go forward with the proposal of the corporations in
the area and work with the State to see what money could be used also.
Cemetery
Bldg.
Visitors'
Center
Roof
Center
Phone
Appoint-
ments
Lex. Food
Co-op
Christian
Assemblies
of God
Burglar
Alarm
Hearing
Mass.
Municipal
Ann. Meet.
Mrs.
Battin
- 8 -
Mr. Coscia and Mr. Sweet met with the Board to update them on the re-
vised plans for the cemetery building with respect to the underpinning
section. Mr. Coscia pointed that the only areas that would be affected by
the revised plans would be.the parking area and garage.
The Board agreed to accept the plans and request additional funds from
the Special Town Meeting.
The Manager updated the Board regarding the problem with the Visitors'
Center roof. He stated that some concerns had been raised by the Historic
Districts about using asphalt shingles. They prefer wood shingles. After
discussion reviewing samples of asphalt shingles with Mr. Coscia the Board
agreed to use the asphalt shingles.
The Chairman brought up the question of where the telephone in the Cen-
ter of town would be located.
Mr. Kent stated that he felt that there was a relationship between the
location of the phone and the ultimate location of the LEXPRESS stop and
there is a trial period involved on the stop and there was difficulty about
it previously.
The Manager will have an answer about the stop at the next meeting.
The following items of the Manager were approved:
Upon motion duly made and seconded it was voted to approve the Manager's
appointment of Martin Gilman to the Historical Commission for a term of
three years.
Upon motion duly made and seconded, it was voted to approve the re-
appointment of Herb Grossimon to the Permanent Building Committee.
Upon motion duly made and seconded, it was voted to grant the request
of the Lexington Food Co-op for the use of a room in Munroe School one day
per week when public schools are in session from 8:30 a.m. until 2:30 p.m.
for $9.00 per week for approximately 38 weeks per year.
Upon motion duly made and seconded, it was voted to approve the request
from the Assemblies of God Christian Center for expansion of use of facil-
ities at Munroe School at a rate of $350.00 per month.
Upon motion duly made and seconded it was voted to approve the request
for a hearing of the Burglar Alarm Committee regulations on July 21, 1980
at 8:00 p.m.
The Manager informed the Board that he had investigated the film com-
pany that had requested permission to do filming on the Green and it does
have an educational program and they will be filming on the Green at 7:30 a.m.
He also informed the Board that progress on the swimming pool continues on
a day to basis. Hopefully it will be ready in within the next two weeks.
Mrs. Battin requested approval of the. -Board to make reservations for the
1980 Annual Meetingof the Massachusetts Municipal Association at the end -of
October in Springfield. c
Uponmotion made and seconded, it was voted to authorize Mrs. Battin to
make reservations to ;attend the;Antual Meeting.Of the Massachusetts Muni-
cipal Association in Springfield. The fee for attendance is $124.50.
1
1
1
9
Selectmen's Meeting
July 7, 1980
Upon motion duly made and seconded, it was voted 5-0 by roll call vote - Executive
Mrs. Miley, Mr. Buss, Mrs. Battin, Mr. Kent and Mr. Crain - to go into execu- Session
tive session for the purpose of discussing strategy with respect to collective
bargaining and discussing real estate negotiations with no intention of re-
suming the open meeting.
After discussion, it was voted to go out of executive session.
Upon motion duly made and seconded, it was voted to adjourn at 10:55 p.m.
A true record, Attest:
Beatrice M. Casey
Principal Clerk, Selectmen
VOID
SELECTMEN'S MEETING
July 21, 1980
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, July 21, 1980 at 7:30 p.m.
Chairman Miley, Mr. Busa, Mrs. Battin, Mr. Kent; Mr. Hutchinson, Town Mana-
ger; Mr. Cohen, Town Counsel; Miss Casey, Principal Clerk, Selectmen were
present.
Chairman Mikey opened the hearing on the petition of the Boston Edi-
son to install approximately forty six (46) feet of conduit in the follow:
ing location: Spring Street: northerly, approximately five (5) feet north
of Hudson Road, a distance of about forty six (46) feet - conduit.
Upon motion duly made and seconded, it was voted to grant the petition
of the Boston Edison Company for permission to install approximately forty
six (46) feet of conduit at the following location: Spring Street: north-
erly, approximately five (5) feet north of Hudson Road, a distance of about
forty six (46) feet - conduit.
The Chairman read the petition of the New England Telephone Company
for permission to install underground conduit on private property at the
rear of #11-13 Muzzey Street. This request does not require a hearing.
Mr. Busa questioned the diagram on the plan as to just which lots
were. Town owned.
Upon motion duly made and seconded, it was voted to grant the peti-
tion of the New England Telephone Company to install underground conduit
from a manhole on private property rear #11-13 Muzzey Street, across from
the Town of Lexington parking area in the rear of Cary Library, to private
property rear #1844 Massachusetts Avenue, subject to a review by the Public
Works Department to clarify ownership of lots-#69-and.#71.
Y
Boston
Edison
Spring
Street
N. E. Tel
& Tel.
Muzzey St.
Mr. Neil Cronin, Guide Director, met with the Board requesting appro- Guides
val of licenses for two new guides and eighteen renewals. He introduced
the new guides, Sharon Fray and Stephen Greim, who received congratulations
of the Board.
Upon motion duly made and seconded, it was voted to approve licenses
for the following guides:
Stephen Bertolini
David Harrington
Judd Levingston
John Nordahl
Charles N.S. Soparkar
Peter Wasserman
Sharon Fray,
Edward Ford
Melissa Hart
Andrew Macey
Peter Ostrow
Nathaniel Taylor
Richard John
Stephen Greim
David Hamburger
John Hayden
Dan McGrath
Kamala Soparkar
David A. Wasserman
James Lyons
The Chairman read a request for an Auctioneer License for one day from Auctioneer
Robert J. Virtue, 19 Lois Lane. Mr. Virtue has been a resident of Lexington License
less than the required six months and, therefore, would not be eligible for R.J.Virtue
an annual license, but is eligible for one day licenses.
Upon motion duly made and seconded, it was voted to grant a license to
Robert J. Virtue, 19 Lois Lane for a one -day auction to be held on August 7,
1980.
214
Bond
Asst. Town
Clerk
EOER
Grant
Applica-
tions
House Bill
4876
Energy
Resources
Commission
Center Re-
vitaliza-
tion Comm.
Appts.
Gift - Mrs.
Nickerson
- 2 -
The Chairman read a request from the Town Clerk for approval of the
bond in the amount of $2,000 for the Assistant Town Clerk.
Upon motion duly made and seconded, it was voted to approve the bond
in the abount of $2,000 for the Assistant Town Clerk.
The Board discussed a letter from EOER announcing the establishment of
Energy Audit and Energy Conservation Improvement Programs for the Common-
wealth (as defined in regulation 850 CMR 2.00 and authorized in Sections 6
and 11 of Chapter 25A of the General Laws). A total of $15 million dollars
in grant monies will be available to eligible applicants for the purpose of
energy audits and energy conservation improvements.
The Manager informed the Board that he is contacting the EOER regard-
ing the applications that they have and he will also discuss it with the
Energy Committee as to the relevancy of the the program to Lexington.
The Manager will report back to the Board with a summary of his meet-
ings with the Energy Committee.
Mr. Busa informed the Board that he has information from the DOE
announcing a program being set forth by the Federal Government that if the
Town applies and qualifies, it can get to up ten electrical vehicles plus
$150 to $200,000 in parts and maintenance. He was requested by the Energy
Committee tof.request the Transportation Committee and Mr. Crain to look in-
to the proposals to see if it could fit into our bus service or some of the
vehicles that go around town.
The Manager and Mr. Busa will review the application process and check
into the matter.
The Chairman read a letter from Angelo Cataldo.andRichard,T'.T.Moote,
State.Representatives relative to.Hause"Bill No. 4876 - Establishment of
Energy Resources Commission.which places local government in a partnership
with state and federal agencies dealing with energy matters under a statu-
tory basis.for local energy activities. The letter requested council or
town meeting approval of this new commission.
Mr. Kent suggested that the matter be referred to the Manager for
his recommendation as to the approach the Board should take.
The Manager will report back to the Board.
Mrs. Battin requested the Board to appoint the remaining members to
the Center Revitalization Committee.
Upon motion duly made and seconded, it was voted to appoint the follow-
ing to the Center Revitalization Committee: Mr. Bernard DeKant from the
banking division; Mr. Thomas K. Dyer, from the industrial division; and
Mr. Chris Venier, from the retail division. The complete committee membership
is: Margery M. Battin, Thomas K. Dyer, Christopher Venier, Laura Nichols,
Robert Sacco, Karsten Sorenson, Joseph Trani, Bernard DeKant and Robert
Bowyer and Jacquelyn Smith as staff members. Appointments are for one year.
Mr. Busa informed the Board that Mrs. Bertha Nickerson was most pleased
with the gift of a Minute -Man plate presented to her on the occasion of her
100th birthday.
1
1
1
- 3 -
Selectmen's Meeting July 21, 1980
The Manager requested the Board to execute the agreement and sign
the lease with Robert Cataldo for the farming of land off Marrett Road.
Upon motion duly made and seconded, it was voted to sign the lease
which constitutes an agreement between the Town of Lexington and Robert
A. Cataldo for use of a parcel of land, a portion of Town of Lexington
known as Open Land off Marrett Road, as described on Assessor's Map #31
as Lot 90, abutting tenants Lot #60A on Map 31 for the period of July 4,
1980, through November, 1981. The rental fee for use of said 4+ acres
of land will be $120.00.
--767'S
Cataldo
Lease
Marrett
Road
The Manager requested approval of the Board of his appointment of Acting
Nancy Banks as Acting Town Manager for the period of August 4 through
August 17, 1980. Manager
Upon motion duly made and seconded, it was voted to approve the Mana-
ger's appointment of Nancy Banks as Acting Town. Manager for the period of
August 4 through August 17, 1980.
Town
The Manager requested approval of the Board relative to the expan-
sioncof hours requested by the Public Works Department for recycling at
the landfill.
Mrs. Miley stated that the request was made by Mr. Empey because of
the response of the citizens in using the facility for that purpose.
The Manager pointed out that the program must depend upon the peo-
ple who are volunteers and not just upon the town for running the program.
Mrs. Miley pointed out that there is an employee at the landfill
during the time requested by Mr. Empey so that there isn't any extra man-
ning involved.
Upon motion duly made and seconded, it was voted to amend the hours
for recycling at the landfill to 8:00 a.m. until 3:00 p.m. Monday through
Friday.
The Board met with the Burglar Alarm Committee regarding the pro-
posed burglar alarm regulations. Mr. Kent stated that the record should
indicate that this is a hearing on the proposed burglar alarm regulations
and has been advertised as such in the Lexington Minute-Man.which had
been promised to Town Meeting last May when the By -Law was adopted. Mr.
Kent read the notice in its entirety.
During discussion of the proposed rules:" -and regulations, it was
pointed out that voice dialers now in use will no longer be permitted.
Mr. Kent pointed out that, as to existing equipment, voice dialers are not
rendered illegial under the regulations but simply must change to use a
specific unlisted telephone number, and that the regulations, insofar as
they require additional equipment, would only apply to installations com-
ing into effect after the effective date of the regulations.
Mr. Bailey stated that basically, voice dialers are not necessarily
illegal, but there are other parts of the regulations that..may well make
them illegial.
Mr. Kent pointed out that they must comply with these regulations
as to length of message, coded number and the number they access as the
emergency departments.
In answer to a question from a citizen, it was pointed out that the
enforcing departments in the town would be the public safety divisions --
the Chiefs of the Fire and Police Departments.
Recycling
Hours
Landfill
Burglar
Alarm
Committee
Rules &
Regs.
- 4
Mr. Kent raised a question on regulation 6 "A11 installations
compoeted after the effective date of these regulations shall access the
Police and/or Fire Departments only with signals on encoded in digital form
in a format compatible with departmental receiving equipment". He stated
that during a"prior discussion, prior to the adoption of the By -Law, it
was recognized by the Advisory Committee, that there would be additional
expense to the home owner occasioned by the use of this equipment, over and
above what is required by the existing equipment using the voice dialer
system.
Mr. Bailey stated that with the proliferation of these systems, the
voice dialer is really a 1960 solution to the dilemma. As there are more
people in town, there must be more people at the other end of the telephone
to pick up the phone and listen to the recorded message coming over. He
felt it was a very poor situation to have, particularly if there are other
emergencies coming in at the same time. The Committee felt that the Town
should position itself with the technology that is currently available to
handle the problem effectively and reduce the manpower demands on either
end
Mr. Cravis stated that the committee estimated in its report using
figures that were available that it would cost in the range of $34.00 to
$60.00 per year for each digital dialer which would be the service fee to
the vendor who would install the equipment at the station and also main-
tain the terminal equipment for receiving the digital dialer signal. There
would also be a one time cost to the home owner who would purchase the
digital dialer equipment which is something like $40.00.
Mr. Busa pointed out that this cost is just for the equipment, but to
bug doors, windows etc. it would cost thousands.
Chief Corr informed the Board that a survey had been conducted by the
committee and found that there were two major systems being used in the
Greater Boston Area. During the poll, he stated that they were asked what
they were charging at the present time, and the numbers previously given
were verified. The Keltron System charges no installation charge to ex-
isting subscribers - new subscribers $65-70 and a yearly fee of $30-40.00.
The Veritex System - their change over, $25.00 new subscribers $60.00 and
a yearly fee of $35.00.
Mr. Kent asked the Chief if the systems contained in the poll meet
the regulations proposed_by the committee. The Chief responded in the
affirmative.
Mr. Markey from the audience, stated that he would like to point out
that all the installations that Chief Corr named in the different towns,
do have:.digital: :c apability:".but,as yet", are" not:being.used:.t8 that extent,
They are being used with the direct wiring alarms that are presently Vin=
stalled in the police station in the enunciating boards. Used with lines
that come, for instance, directly from a bank.into the police station.
It takes that signal and turns it into a message rather than something that
a police officer has to respond to immediately. It does have the capability
to be expanded to a digital communication device which doesn't require a
direct telephone line.
Mr. Kent asked the Chief if the communities surveyed required this
type of arrangement or at the option of the homeowner.
The Chief replied that he did not know if they did, but did know that
the Town of Burlington does require it.
1
1
1
- 5 -
Selectmen's Meeting July 21, 1980
Chief Bergeron informed the Board that there are only two in the im-
mediate area right now who are on a digital system and they are Waltham
and Burlington. He stated that he sees the need for specifications so that
false alarms could be reduced.
The Chairman asked if the installation of the equipment will be put
out on bid.
The Manager responded that it would be bid on specification and will
be and/or equal and he would expect that he would have the advice of a
technical committee to advise on the selection of a firm. In answer to a
question from Mr. Kent, Mr. Hutchinson informed the Board that he would be
the awarding authority.
After further discussion, Mr.. Kent stated that he felt that the Com-
mittee and the Board had accomplished what had been required by Town Meet-
ing and thanked the Committee.who retired from the meeting.
The Board discussed the request of the Waldorf School of Belmont to Adams
lease. the Adams School and have the use of the playing field behind the School
school for gym and recess. They would use the building from 8:00 a.m. Lease to
until 3:00 p.m. for classes and occasionally in the evening or week -ends Waldorf
for special meetings and activities. They offered $1,000 per month rent School
and assume the utility and everyday maintenance costs. The,-Tuwu__would
assume the responsibility for any major repairs or replacements not re-
sulting specifically from Waldorf School occupancy. The request was for
a two-year lease.
After discussion; it was agreed to authorize the Manager toonegotiate
a lease for one 'year with the Waldorf School.
Upon motion duly made and seconded, it was voted to approve the leas-
ing of the Adams School to the Waldorf School, subject to negotiation of de-
tails by the Manager. This lease is to be for one year, termination date
of July 31, 1981.
The Manager and the Board reviewed the budget for LEXPRESS for the LEXPRESS
remainder of the fiscal year, which included a cut of two busses at 6:30 Depot Sq.
p.m. effective July 21 through August 31.
The Transportation Advisory Committee would like to continue the
bus stop at Depot Square as it has worked out well.
During the discussion regarding continuation of the location for
a bus stop, it was brought out that the Transportation Advisory Committee
has not looked at alternative locations. The main problem at the loca-
tion is the removal of snow during the winter months. It was also brought
out that the business people in the area should be contacted again re-
garding the use of Depot Square as a permanent bus stop as it was first
presented to them as a temporary location.
The question of installing curbing in the area was brought up and
Mr. Busa suggested that the right-of-ways should be looked into before
any curbing be installed.
Mr. Kent stated that he felt that, through the Manager and the Trans-
portation Committee, the business people in the area should be contacted
to get their reaction of continuation of the spot as a permanent location.
Alterations in the landscape in connection with it should also be presented
and reactions taken into considerattion when the final assessment is made.
The Manager agreed and is to pursue the matter and report back to
the Board.
- 6
Walnut Farm The Manager informed the Board that he had reviewed with the Town
Trust Engineer the request of Walnut Farm Trust for permission to construct a
Sewer manhole and open Walnut Street to make a sewer connection to the Potter
Pond Trust sewer being constructed to service the condominiums now undeg
construction. This easement would provide sewer connections for the Walnut
Farm Trust property and others on Walnut Street who wished to utilize it.
The Manager explained that the situation is a town sewer tying into
a private development and to a town sewer again. The ultimate maintenance
responsibility of the extension of the line is in question. He recom-
mended that it be extended and that the long term problem of maintenance
be reviewed by Town Council and the Planning Board.
Mr. Kent felt that the Board should not make any decision regarding
the request until it has heard further regarding the problem.
The Manager is to take the matter back to Town Counsel, Public Works
Department and the Planning Board and report back to the Board.
Upon motion duly made and seconded, it was voted to table the request
of the Walnut Farm Trust for permission to construct a manhole to make a
sewer connection to the Potter Pond Trust sewer now being constructed.
Streets The Manager suggested to the Board that it might be worth while to
discuss the whole policy of accepted and unaccepted street. He would like
to arrange a meeting with the Planning Board to meet with the technical
staff relative to the long range basis regarding marginal streets and the
street policy as a whole.
It was agreed to review the matter some in September.
Mr. Cohen pointed out that there are a lot of legal implications
involved, other than the feelings of the Board of Selectmen and the Planning
Board. He pointed out that any developer of individual who wants to come
and build a house next week has every right to go the Building Commissioner
and request a building permit. He felt that the idea should: be left that
there -will be a meeting and out of that meeting it will'be:clear as to
whether or not every single lot in town can or cannot be built upon.
Garrity
House
The Board met with the Historical Commission to discuss the question
of the disposition of the Garrity Building.
Mr. Jaquith informed the Board that early in the year the rumor had
started that the Garrity House and the barn would be condemned and demolished.
As a result of this some members who :have :worked in the area of preservation
of historical buildings, of the Historical Commission, Historic Districts
Commission and Historical Society formed an informal committee under the
auspices of the Historical Commission to study the problem. They have been
meeting since February and have tried to delve into it on a rather planned
scale all the problems they could find as to their future preservation and
use. They requested direction from the Board of Selectmen as to its in-
terest in the matter and how far they should go and what sort of direction
to take as the property is owned by the Town.
He pointed out that the architectural significance of the house is not
as great as the historical and that it is one of three remaining buildings
, Buckman Tavern, Garrity House and the barn, of the Meriam estate, a large
farm. It is representative of similar buildings which characterized early
Lexingtonasa farming community.
He stated that the ultimate question is whether or not the Town wants
to preserve the buildings and, if so, money must be raised for that purpose
as they cannot remain much longer in their present condition.
Mr. Jaquith also presented to the Board a detailed report as to sug-
gested future uses of the house and the costs involved.
t49
-7 -
Selectmen's Meeting July 21, 1980
The report presented five optional uses of the building, the least
disruptive of which would be for office space for some town agency..and
the barn be used for storage as it is now. This option requires that
the buildings be structurally repaired but not thoroughly rehabilitated
from top to bottom. Option #2, next simplest disposition, would be as a
residence at market or low-income rate. Costs would be higher than for
option #1 as it would have to be liveable as well as structurally sound.
The land is currently zoned for residentail use. Option #3 would be for
a place of business such as for the sale and exhibition of arts and crafts
with the serving of refreshments. To increase the feasibility of these
plans, it may be necessary to construct a new addition to the house, such
as a connection between house and barn. Option #4 suggested the refresh-
ments/crafts proposal with the operator living in the house. Costs and
benefits are substantially the same as option MP3 but building code
standards require a barrier to separate the two use areas against the
spread of fire. Option #5 suggested the converting to a "hands-on
children's museum". The museum would exhibit materials of the Lexington
Historical Society. Such use would require high rehabilitation costs.
and the most stringent code compliance because the house would be des-
ignated a place of assemblage.
Mr. Jaquith also informed the Board that Temple Scanlon, Executive
Director of the Lexington Housing Authority had called him to state that
he had talked with the Massachusetts Executive Office of Community De-
velopment and had been advised that the LHA could apply for funding for
a single -unit project such as the Garrity House. He stated that funds
are presently available for single -unit projects but should be done in
the near future before funds run out. He pointed out that if the funds
were attained, title of the property would have to be conveyed to the
Housing Authority and the Town would lose a large share of its control of
the property along with a reasonable amount of land. He pointed out that
if the Housing Authority applied for the grant and it was approved, the
Housing Authority could then decide whether or not they want to accept it.
By that time the Board could have pursued the matter further and have
decided in which direction it wished to go.
Mr. Kent stated that he felt that the Board should formalize the
committee studying the problem, with a review of the names of the com-
mittee in light of its possibly being augmented with respect to other
places being represented on it as requested by the committee.
Mr. Kent stated that there were many questions in his mind with
respect to the problem that he would like the advice of the committee.
One of which was the matter of whether the title should be kept in
Town or in public hands as in the Housing Authority's as contrasted
with selling the building. The Board agreed.
Mrs. Battin requested from the Town Manager information as to
what other town agencies might be able to use the building in addition
to the Credit Union.
During further discussion it was brought out by Mr. Hutchinson and
Mrs. Miley that if a committee is made up for conversion of this build-
ing and possibly others, this committee could recommend future uses and
inform the Board and ultimately go to Town Meeting such as the School
Sites Conversion Committee has.
- 8
The Board agreed that the Housing Authority should pursue the appli-
cation for the grant and then the Board of Selectmen will decide what
disposition should be made of the property.
The Chairman thanked Mr. Jaquith and committee for their report on
the Garrity House and they retired from the meeting.
Executive Upon motion duly made and seconded, it was. voted 4-0 by roll call
Session vote - Mrs. Miley, Mr. Busa, Mrs. Battin and Mr. Kent - to go into ex-
ecutive session, for the purpose of discussing matters of possible liti-
gation, with no intention of resuming the open meeting.
Upon motion duly made and seconded, it was voted to adjourn at
11:00 p.m.
A true record, attest:
Beatrice M. Casey
Principal Clerk, Selectmen
1
SELECTMEN'S MEETING
August 4, 1980
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, August 4, 1980 at 7:30 p.m.
Chairman Miley, Mr. Busa, Mrs. Battin, Mr. Kent, Mr. Crain; Mrs. Banks,
Acting Town Manager; Miss Casey, Principal Clerk, Selectmen were present.
301
The Chairman opened the meeting at 7:30 p.m. and called upon Mr. Zehner Treasurer
Town Treasurer.relative to the bond for the sewer construction.
Mr. Zehner requested approval of the Board to borrow $300,000 for the
sewer constructionas follows:
$100,000 First National Bank of Boston @ 3.99%
150,000 Old Colony of Middlesex Cty. @ 4.17%
50,000 New England Merchants @ 4.25
Upon motion duly made and seconded, it was voted to approve the recom-
mendation of the Town Treasurer to borrow $300,000 for sewer construction
to the lowest bidders as follows:
$100,000 First National Band of Boston @3.99%
150,000 Old Colony Bank @4.17%
50,000 New England Merchants @4.25%
The Chairman thanked Mr. Zehner for the work that he has done for the:Town
for so many years and he retired from the meeting.
Upon motion duly made and seconded, the Board voted the following items:
To set the polling hours for the State Primary on Tuesday, State.
September 16, 1980 from 7:00 a.m. to 8:00 p.m. and to sign Primary
the Warrant for the State Primary
To grant permission to the Lexington Fire Fighters for use Fire
of.;Emery Park, Friday, August 29 from 10:00 a.m. until Fighters
4:00 p.m. for its annual "Fill the Boot" fundraiser for Muscular
muscular dystrophy. Dystrophy
To approve the minutes of Selectmen's Meeting of Minutes
July 7, 1980.
To sign Auctioneer License for Robert J. Virtue for one
day, August 16, 1980.
To sign State and Town Sunday and Weekday Licenses for Lex -
mil Theatres - Cinema I and II
To appoint forty-four Democratic and thirty-five Republican
Election Officers for terms of office expiring Sept. 1, 1981.
Auctioneer
License
Theatre
Licenses
Election
Officers
Complaint -
Noise -
DPW equip-
ment
Mini -bus
Funding
Hearing -
New Roof
Visitors'
Center
-2-
To abate the following water charges:
Diane Rosenberg, 20 Pifer Lane, $45.45 - bill adjusted
to include final reading
E. F. Klostermann, 22 Hamblen St., $19.80 - Estimated
charge adjusted.
Robert Wells, 19 Grove St., $45.00 - Incorrect reading -
meter reader's error.
George A. Carlson, 45 Ridge Rd., $85.05 - Incorrect reading
customer's error.
Ernest Gilbert, 17 Sherman St., $34.65 - recording error.
Vivian Reed, 72 Lowell St., $11.25 - Meter out in November.
Harry Bakow, 80 Baker Ave., $11.25 - Est. chg. adjusted.
Curt Sauter, 8 April Lane, $11.25 - Est. chg. adjusted.
The Board met with Mrs. Jean S. Comstock, 33 Ledgelawn Avenue regarding a
complaint she had registered about the constant noise coming from the work -
yard of the Public Works Department. She presented a written complaint and
a petition from the neighbors in the area. The complaint was primarily with
regard to the "beeping noise" as the Public Works vehicles back up. She also
presented a tape recording taken inside her sunporch recording the noise. She
explained that this has become a problem only since early spring and summer
and stated that the noise usually begins around 7:00 a.m. and exists all day,
with some breaks.
Mrs. Banks explained that the 7:00 a.m. starting hour was part of the
negotiated contract and that perhaps the 5:15 a.m. mentioned by Mrs. Com-
stock might have been an emergency of some sort.
It was explained to Mrs. Comstock that it is a requirement of the State
that all heavy:manicipal equipment:::beequipped with back-up alarms.
Mr.::Crain suggested that a critical analysis be made of the situation
to see if something can be done to alleviate the noise in the area.
The Chairman assured Mrs. Comstock that such an analysis will be made
and she will be notified of the results. Mrs. Comstock thanked the Board
and retired from the meeting.
The Chairman informed the Board that Mr. Cole had been informed by
Secretary Locke that funding for the mini -bus will be on a month-to-month
basis until the funds run out.
The Lexington Housing Authority has filed for funding on the Garrity
House. Mrs. Shunney had informed the Chairman that she felt that it would
be wise to apply for the funding without a decision having been made be-
cause of the length of time needed to complete the funding process.
Historic Districts will be holding a hearing on the type of shingles
to be used on the new roof of the Visitors' Center on Wednesday, August 6.
Mr. Crain volunteered to attend the hearing to represent the Selectmen.
3
Selectmen's Meeting August 4, 1980
Mrs. Battin informed the Board that she has been asked to be interviewed
for a radio program on the problems of Proposition 2 1/2. She has gathered
information relative to its effect on Lexington from the Manager's office
and stated that she did not plan to mention Lexington unless questioned.
She stated that she would be speaking as Trustee of the Mass. Municipal
Association and President of the Mass. Selectmen's Association and not as
a Lexington Selectman.
Mr. Crain asked about the present status of the situation on Parker
School. Mrs. Miley informed the Board that there was going to be a meet-
ing on Wednesday and will be going to the developer from there to get it
moving faster. Mr. Crain stated that the neighbors have been complaining
about the unsightliness of the school and felt they were justified. The
developer has withdrawn the plans and will be submitting new plans within
a few days.
The Board met with Chief Bergeron of the Fire Department to review
the Town's Ambulance Transportation Policy. It was his understanding
that up to now the Fire Department has had no policy regarding which hos-
pitals patients would be transported to. He stated that it had created
some problems for the crews with patients and also with some of their
physicians as to which hospitals should be used. Also, to keep the ser-
vices as available as possible for other emergencies.
Mr. Busa stated that he recalls that he has sat on the Board when the
matter has been discussed. It was his recollectionthat transportation
would be to the nearest hospital in the area, which would be Symmes in
Arlington, Choate, and Emerson. He stated that anything beyond that would
have to verified by a doctor on an emergency basis. He stated that if a
revision is necessary it could be taken from there.
During discussion of the policy presented by Chief Bergeron, it was
brought out that four doctors in the area had recommended, Symmes,
Emerson, Choate, Waltham, Winchester, Lahey, Mount Auburn, Sancta Maria,
Bedford Veterans and Childrens Hospital. The. Chief stated that there
were some doctors that would like to use more distant hospitals.
Mr. Busa stated that he felt that there was an area of liability for
the Town by not transporting a patient to the nearest hospital.
Mrs. Miley pointed out that different doctors has suggested the hos-
pitals to be used and she felt that doctors might, as a matter of course
prefer the hospital of which he is a staff member. She felt that people
should be sent to hospitals that aretnearer for emergency and then, if a
doctor wants the patient transferred it can be done from there.
After further discussion, it was agreed to table the matter and Miss
Casey is to look into the files obtain information on the previous policy,
if any. A.comparison of surrounding towns is also to be made.
Upon motion duly made and seconded, it was voted to table the request
of Chief Bergeron for approval of the Town's Ambulance Transportation Policy.
The adoption of the Rules and Regulations for Burglar and Fire Alarms
was discussed and it was pointed out by Mr. Kent that it would be pre-
mature until the By -Law is published in the newspaper.
Mrs.
Battin
Speech
Proposi-
tion 21/2
Parker
School
Ambulance
Policy
Burglar
Alarm
Regs.
- 4
Upon motion duly made and seconded, it was voted to approve, informally,
the Rules and Regulations for Burglar and Fire Alarms to become effective
September 15, 1980.
Brookwood Rd. Upon motion duly made and seconded, it was voted to approve the re -
Stop Sign quest of the Traffic Safety Committee to apply to the Department of Public
Safety for permission to erect a Stop sign on Brookwood Road at Saddle
Club Road.
Grant Ap- Mrs. Banks requested from the Board a resolution authorizing the Town
plication Manager to file applications on behalf of the Board for a grant application
(SSES). for the inflow infiltration study (SSES).
Upon motion duly made and seconded, it was voted to authorize the Town
Manager to file application on behalf of the Board for a grant for the in-
flow infiltration study (SSES).
Elderly Needs Mrs. Banks referred the Board to its copies of press release and draft
Assessment questionnaire to be sent to Lexington residents assessing needs of the
Question'- elderly. Mrs. Phear will be collecting comments during the week and would
naire welcome comments from the Board. It is hoped to complete the questionnaire
and sending it to the printer in the middle of August and sending it to the
residents in September. The Elderly Needs Assessment Task Force would
like to present the final form to the Board at its August 18 meeting.
Proposi- Mrs. Battin asked the pleasure of the Board relative to releasing to
tion 2 1/2 the press Representative Cohens letter explaining the effects of Prop-
osition 2 1/2 on the revenue of the Town if it passes in November.
It was agreed to give a copy to each of the newspapers represented at
the meeting.
Executive Upon motion duly made and seconded, it was voted 5-0 by roll call vote -
I Session Mrs. Miley, Mr. Busa, Mrs. Battin, Mr. Kent and Mr. Crain - to go into ex-
ecutive session for the purpose of discussing matters of possible litiga-
tion, with no intention of resuming the open meeting.
Upon motion duly made and seconded, it was voted to adjourn at 9:55. p.m.
A true record, attest:
(,0.
Beatrice M. Casey
Principal Clerk, Selectmen
SELECTMEN'S MEETING
August 18, 1980
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, August 18, 1980 at 7:30 p.m.
Chairman Miley, Mr. Buse, Mrs. Battin, Mr. Kent; Mr. Hutchinson, Town Mana-
ger; Mr. Cohen, Town Counsel: Mrs. Banks, Assistant to the Town Manager; and
Miss Casey, Principal Clerk, Selectmen were present.
Chairman Miley opened the hearing on the petition of the Boston Edison
to install approximately six (6) feet of conduit in the following street:
Reed Street, southerly, approximately 100 feet northwest of Laurel Street,
a distance of about 6 feet - conduit.
Upon motion duly made and seconded, it was voted to grant the petition
of the Boston Edison Company for permission to install approximately six
(6) feet of conduit in the following location: Reed Street, southerly,
approximately 100 feet northwest of Laurel Street, a distance of about six
feet - conduit.
The Board approved the following agenda items:
Upon motion duly made and seconded, it was voted to forward a check in
the amount of $372.00 to the MBTA Advisory Board for the Town's share of the
legal fees in connection with suit against Governor's takeover of the MBTA
in December.
Upon moiton duly made and seconded, it was voted to abate the following
water bills: Cosmo Percoco, 8 Ingleside Rd., in the amount of $46.60 -
estimate charge adjusted. Bob Foss, 8 Spencer Street, in the amount of
$40.95 - Meter not working, reading in error. Noel Wolber, 30 Calvin Street,
in the amount of $11.25- Estimated charge adjusted.
Upon motion duly made and seconded, it was voted to grant a One Day
Liquor License to RAEDACC Association of W. R. Grace for September 4, 1980.
Upon motion duly made and seconded, it was voted to approve the minutes
of the Selectmen's Meeting held on July 21, 1980.
Upon motion duly made and seconded, it was voted to approve the request
of th#: Chhi MAn of the ;Traffi.cSafety Committee to. .study the request for
the installation of a Stop sign at Kendall Road.
Upon motion duly made and seconded, it was voted to approve the request
of the Traffic Safety Committee for "No Parking" zone for handicapped park-
ing at the Center Pool and amend the Traffic Rules and Regulations accordingly.
Boston
Edison
Conduit
MBTA
Advisory
Board
(Suit)
Abatements
Water Bills
One Day
Liquor
License
Minutes
Stop Sign
Kendall Rd.
"No Parking
Center Pool
-2-
Taxi Fare Upon motion duly made and seconded, it was voted to grant the request
Rates of Arlex Taxi Corp. for a fare increase and amend the Town of Lexington
Rules and Regulations Governing Hackney Carriages, Taxicabs, and Other Pub-
lic Vehicles for the Carrying of Passengers for Hire as follows:
$1.00 for the first one-seventh of a mile
.20 for each one-seventh of a mile thereafter
10.00 per hour waiting time
Sewer Upon motion duly made and seconded, it was voted to grant the request
Connection of Dr. Anne T. Kastarizas to provide sewer service to her home at 36 Oakmount
Oakmount Circle as part of the current sewer contract in Meriam Street.
Circle
Committee Upon motion duly made and seconded, it was voted to approve Town Manager
Appts. committee_ appointments as follows:
Mr. George Harris to the Council on Aging
Mrs. Janet Clark to the Council on Aging
Mr. James Lambie reappointment to the Board of Health
Mrs. Pauline Spagnolia to the Recreation Committee
The Board met with members of .the Personnel Advisory Board to discuss
its report to the Board on its proposed Employee Development Capacity Program
as part of the Selectmen's Program of Goals and Objectives. The particular
goal addressed was "to establish a conscious program to identify high po-
tential employees so as to provide them with maximum opportunity for personal
development in order to provide a pool of available internal human resources
to be considered as promotional opportunities become available."
The proposed program would provide 1.) Identification of Career Paths
in Town Government. Career paths would be re-evaluated looking not only at
traditional paths, but in terms of knowledge and skills required to do the job
and of conditions under which the job must be done. New paths to be identi-
fied on the basis of comparable skills, knowledge and working conditions.
Once identified, a package would be prepared and made available to all em-
ployees with training about opportunities for career advancement. Specific
training to be offered to Supervisors to help them understand the role they
play in encouraging employees to seek out new and possible non traditional jobs.
2.) Skill Inventory. This would allow the Town government to look at its own
jobs, identifying current and future skill needs. Needs will be evaluated to
determine which can be met within the current work force and which will re-
quire new personnel. 3.) Self-assessment and Career Management. This will
provide an opportunity for employees to participate in career self-assessment
A specific training program in career self-assessment will be developed so
employees will have an opportunity to assess their present and potential skills
and develop career goals based on a realistic and sound basis.
Mrs. Small explained in depth the program and pointed out that cer-
tain limitations exist in the Town government which must be considered. She
explained that the Committee felt that the Town would benefit from the pro-
gram because it will be open to all employees and also demonstrate to the em-
ployees the Town's commitment to them as individuals.
1
- 3
Selectmen's Meeting August 18, 1980
A specific plan for implementation will be completed by November.
Upon motion duly made and seconded, it was voted to accept the Proposed
Employee Development Capacity Program presented by the Personnel Advisory
Board and authorize the Committee to proceed with a specific plan.
The Chairman thanked the Committee for the work done on the proposal
and they retired from the meeting.
07
The Board discussed the request from the Town Celebrations Committee for Lex.
transportation funding for the Lexington Minutemen to represent Lexington in Minute
Boston's Jubilee 350. men
It was the opinion of the Board that funding should not be provided by Funding
the Town as the Lexington Minutemen is a private organization and should
assume the responsibility itself. The Chairman of the Town Celebrations
Committee is to be so notified.
The Board met with the co-chairmen of the Arts Council to discuss its Arts
functions and responsibilities. Maria White, intern from the Manager's Council
Office, had contacted the State Arts Lottery Council and determined that
local arts councils are charged with allocating Arts Lottery revenues among
deserving arts organizations, arts ventures, and artists as determined by
the local Arts Council. It was also determined that this should not be the
sole function of the council, but leadership should be taken to support and
nuture arts activities in the community with private or other public funds.
During discussion, the Board felt that the local Arts Council seemed
to have a broader function than than mandated in the legislation. Ms. Tina
Forbes, co-chairman of the Arts Council stated that there was considerable
confusion among the members as to what its specific role particularly as
it is unpredictable as to what is going to happen to the Arts Lottery.
The Board agreed and requested the Arts Council to define what they
think its role is and to submit, in outline form, items which interest
them and they feel might be of interest to the community. In this way, the
Board will have more information on which to base its charge to the Council.
Ms. Forbes is to look into the matter further and report back to the Board.
The Chairman thanked members of the Arts Council present for coming
and they retired from the meeting.
The Chairman read an invitation from MAPC for representatives of Lex- MAPC
ington to attend inter -community groundwater planning meetings. The Mane- Ground -
ger informed the Board that the Planning Board and Conservation Commission water
were interested in representing the Board and would designate one of its Meetings
members to attend. The Board agreed to this arrangement.
The Board again discussed the matter of the concerns expressed by the Follen
parents of children in the Follen Hill area who will be walking to Bowman Hill
school crossing Follen Road. It was the feeling of the Board that immediate Signs
action should be taken. Cross -
Upon motion duly made and seconded, it was voted to install ."Go Slow walks
Children" signs and paint crosswalks in areas to be designated by the
Manager who will consult with appropriate departments before school starts.
.1 0
4
LEXPRESS The Board discussed the request of the Transportation Advisory Com-
Depot Sq. mittee to designate Depot Square as the permanent stop for LEXPRESS.
During the discussion, it was brought out that all of the abutters in the
Depot Square area had not been notified that the matter was going to be
discussed at this meeting. The Board agreed to defer its decision until
the Transportation Committee had notified the businesses in the area that
would be affected by this arrangement.
Gypsy Moth The Board discussed the report submitted by Paul Mazerall for the
Program Gypsy Moth Control Program which consisted to two applications of Dipel
(a biological control material). In the areas sprayed, control was ef-
fective for the trees on the streets. Total cost of the program was
$10,000. The effectiveness of Dipel is limited because it can only be
sprayed in areas accessible to the spray vehicle and is only effective dur-
ing one stage in the caterpillar's life span. Three alternative proposals
were presented for the Selectmen's consideration. It was decided to dis-
cuss the matter again in September when more information is available.
United Way The Manager requested the approval of the Board for the appointment of
Coordinator George Smith, Health Director to be the Coordinator for the United Way Drive.
Upon motion duly made and seconded, it was voted to appoint George Smith
to be the Coordinator of the United Way Fund Drive for 1980.
Visitors Mr. Crain informed the Board that he had attended, as the representative
Center of the Board of Selectmen, the meeting conducted by the Historic Districts
Roof Commission relative to the new roof on the Visitors Center. He stated that
he had voiced the objections of the Board to the use of wood shingles be-
cause of the high cost estimates.
He stated that the Commission were more or less adamant in its deter-
mination to use the wood shingles over the objections of the Board.
After discussion, it was decided to postpone a final decision on the
matter
Upon motion duly made and seconded, it was voted to table the decision
on the appropriation of funds for the new roof on the Visitors Center until
further study is made.
Executive
Session
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 Ex-
ecutive Session for the purpose of discussing real estate litigation, with
no intention of resuming open session.
After discussion, it was voted to go out of Esecutive Session.
Upon motion duly made and seconded, it was voted to adjourn at 10:20 p.
A true record, Attest:
Principal Clerk
Selectmen
�l!
SELECTMEN'S MEETING
SEPTEMBER 8, 1980
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office -Building, on Monday, September 8, 1980 at 7:30 P.M.
Chairman Miley, Mr. Busa, Mrs. Battin, Mr. Crain; Mr. Hutchinson, Town Mana-
ger; Mr. Cohen, Town Counsel and Miss Stith, Acting Clerk, Selectmen were
present.
The Chairman opened. the meeting at 7:30 P.M. and called upon Mrs. Angela
Frick who updated the Board on MAPC activities and in particular the A95
application requests reviewed by her since January, -1980. The Board thanked
Mrs. Frick for her work as Lexington's representative to MAPC.
Upon motion duly made and seconded, the Board voted the following items:
To sign order for construction of sewer on Concord Avenue,
Chadbourne Road, Pleasant Street and Maple Street and to sign
orders of ,sewer taking on Amherst Street, Fairview Avenue,
Hayward Avenue and Sunset Street and Colonial Avenue.
To approve a bond in the amount of -$43,000.00 for Doris Barclay,
Assistant Town Treasurer
To approve a one -day Auctioneer License for Robert J. Virtue of
19 Lois Lane, Lexington for September 19, 1980 and September 26,
1980 at Heritage Hall, 177 Bedford Street, Lexington, from 6 p.m.
until midnight.
To sign one -day liquor license for St. Brigid's Parish, 2001 Mass.
Avenue, Lexington on September 26, 1980 and expiring at midnight.
To accept the recommendation of Mr. Busa and table any final deci-
sion concerning the Maddox/Douglas dog hearing.
To accept the recommendation of Mr. Busa and order Mr. Papierski of
27 Rangeway Road to remove his mixed St. Bernard dog from the
boundaries of Lexington and find a nice home in a less congested
area.
To grant permission to the Lexington Minute Men to use the Lexington
Green on Sunday afternoon, September 28, at approximately 2:00 P.M.
for their annual Installation of Officers Ceremony.
To approve the minutes of the Selectmen's Meeting of August 4, 1980.
To award the contract for sewer construction to Charm Construction,
Inc. of Westwood, MA. in the amount of $464,023.08.
To award the contractfor standpipe to John D. Ahearn Co., Inc. of
Melrose in the amount of $79,670.00
To approved an extra authorization under Article
amount of $18,320.28.
An intent to take a sewer easement from Woodpark
Street, and Milliken Road (off Pleasant Street).
25 of 1974, in the
Circle to Amherst
MAPC
Sewer
Constr.&
Taking
Tax Coll.
Bond
Auction-
eer
License
1 -Day
Liquor
License
Maddox/
Douglas
Kil lil ea/
Papierski
Do g
Lex.
Minute -
Men
Minutes
Sewer
Contract
Standpipe
Painting
Sewer
Easement
JJ
Clean Air
Week
Tax Title
Valleyfield
St.
Koehn
Letter
No Parking
Signs
MBTA Bus
Stop
Signs
Tax
Collector
Abatement
House Bill
4876
Gypsy
Moth
Executive
Session
-2-
To proclaim the week of September 28 as Clean Air Week in Lexington.
Not to sell Lot #52 Valleyfield Street at this time to William G.
Hooper as the Lexington Housing Authority has expressed an interest
in the lot as a possible scattered site.
Mr. Hutchinson brought up the matter of crosshatching and crosswalks
on School and Wilson Streets. He said that this had not been done; how-
ever, the Board urged that it be done as soon as possible as the Board had
made a previous commitment to the neighborhood. Mr. Hutchinson indicated
that the work would be done within the week.
Mr. Hutchinson said he was reviewing the matter of no parking signs
at the end of Carriage Drive with the Engineering Department. He indi-
cated he would have more information for the Board at its meeting on
September 15.
Mr. Hanlon, Town Engineer, showed the Board a map locating the areas
where the MBTA bus stop signs would be going. He indicated that the posts
have been put in place at legitimate stops and the signs are ready to be
placed on the posts. He indicated that the MBTA says areas where the
signs are not posted would no longer be bus stops. He indicated that
Engineering had reviewed all the areas and had recommended to the MBTA five
or six areas where they would be taken out.
Mr. Hutchinson asked that the Board authorize the abatements requested
by the Tax Collector in her memo of August 1, 1980. Mr. Crain asked that
this matter be tabled and that •the Manager comeback with more information
as to which audit brought this to the Town's attention,. last year's or
this'year's.
Mr. Hutchinson brought up House Bill No. 4876 and recommended that
the Board not create a special commission. He said the Energy Committee
was doing an excellent job and that his office would be completing an
application relating to an energy audit.
Paul Mazerall briefly reviewed his recommended gypsy moth program
for next year and its' cost implications. He said he was attending a
meeting with the State tomorrow and would have a complete report for the
Board after this meeting. He said some parasitic work was being done on
the gypsy moth clusters. Mr. Hutchinson said they could come back to the
Board at its next meeting with more information. Board members asked that
-Professor Williams be invited to come and that further discussion of this
matter be made before the full Board as Mr. Kent would like to be present.
Upon motion duly made and seconded, it was voted 4-0 by roll call vote
- Mrs. Miley, Mr.'Busa, Mrs. Battin and Mr. Crain - to go into executive
session for the purpose of discussion of a matter of litigation, with no
intention of resuming the open meeting.
Upon motion duly made and seconded, it was voted to adjourn at 9:00 P.M.
A true record attest:
Ph lis Si1h
A•ting Clerk, Selectmen
1
SELECTMEN'S MEETING
September 15, 1980
3//
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, September 15, 1980, at 7:30 p.m.
Chairman Miley, Mr. Busa, Mrs. Battin, Mr. Kent and Mr. Crain; Mr. Hutchinson,
Town Manager; Mrs. Banks, Assistant to the Town Manager, Mr. Cohen, Town
Counsel; Miss Casey, Executive Clerk, were present.
Chairman Miley, convened the meeting and called upon Mr. Fred Rosen-
berg, Chairman of the Transportation Advisory Committee. Mr. Rosenberg
informed the Board that it was the first anniversary of LEXPRESS.
The problem of parking in the Depot Square area was, again, discussed.
Mr. Rosenberg stated that Mrs. Arnold had talked with the abutters in the
area and the only ones that had objections to the bus parking were Ski and
Sport and the Depositors Trust. He said that they objected because of the
narrowing of their parking spaces in front of the bank and the use of its
spaces by other people. He stated that there was congestion in Depot
Square.
Mrs. Miley stated that it -was,: het observation that=the Musses did het
create the congestion and that it was an excellent place for the bus
terminal.
Mr. Busa felt that it was too congested and that it was becoming very
dangerous and felt that the patrons of the busses were boarding and leav-
ing the busses on the wrong side. He felt that the busses should be moved
into the B & M right of way in the area. He felt that ridership would not
suffer from this move. He stated that the bank was willing to donate the
parking spaces to the Town that they now lease for $1.00 per year if the
bus stop was moved.
Mr. Kent stated that he felt that the Town was not in a position to
assume usage of the land over the railroad tracks in back: of the bank
immediately to the right, because it still remains a right-of-way of the
Boston &Maine. He asked if the Transportation Committee had considered
Mr. Busa's alternative or the possibility of putting the bus stops out
in Mass. Avenue along the border of Emery Park?
Mr. Rosenberg said the the Emery Park location presented a problem
with the turning around of the busses on Mass. Avenue. He stated that
the railroad way location might be possible to get four busses in, but
it caused a problem of turning around in a narrow space. He felt that
having large foot traffic in the area was, in fact, good for the busi-
nesses in the area.
Mr. Kent asked if the businesses in the area had been notified of
the discussion and decision to be made this evening.
Mrs. Arnold stated that she had mentioned to the business people in
the area that it would be discussed in September but gave no specific
date.
Upon motion duly made and seconded, it was voted to table a decision
on the permanent location of the LEXPRESS busses until all of the busi-
ness people in the area were informed of a specific date when the decis-
ion would be made by the Board.
LEXPRESS
Executive
Clerk
Appt.
- 2 -
Mr. Rosenberg informed the Board that part of the increased cost of
operating LEXPRESS was the cost of the vehicles He felt that it might
be possible to obtain Federal money through the State to purchase vehicles
and then contract out the operation of them. There is such money available
that has never been used in the State for this purpose.
Mr. Kent felt that, even if the money were obtained, it presented sub-
stantial difficulties to the town in maintaining and replacing them in the
future.
It was agreed that a letter should be prepared requesting such a grant
and the Chairman would sign it subject to further study.,
Mr. Rosenberg requested permission to prepare a transportation guide
listing all the transportation services, public as well as private, in the
town and the availability to transportation that people might have such as
Red Cross, Medicade etc. He stated that the Committee would like permis-
sion to contact the providers of such services and get it through the news-
papers of the availability of such services and for funding for the print-
ing. The Board agreed.
Mr. Rosenberg informed the Board that figures for the annual report
were not complete because of the fact'that.the closing date was on Saturday
and the total was not available. It will be a few weeks before it will be
ready. He stated that ridership was considerably higher than expected and
the money appropriated in `79 had not been fully expended.
The Chairman thanked the Committee for the work that had been done
during the year and they retired from the meeting.
The appointment of the Executive Clerk to the Board of Selectmen was
made.
Upon motion duly made and
M. Casey as Executive Clerk to
1980 to
Upon motion duly made and
following items:
seconded, it was voted to appoint Beatrice
the Board of Selectmen effective—August 25,
seconded, the Board voted to approve the
Permit- March Request from the March of Dimes to conduct a Walkathon through Lex -
of Dimes ington on Sunday, October 19 (to be coordinated with the Police Chief)
and to proclaim Sunday, October 19, 1980 as "March of Dimes Sunday in
Lexington",
Water
Abatement
Sewer
Commitments
Permit-
Arl/Lex
Hadassah
Request from Warren A. Empey, Acting Director,
sign water abatement for Cary Hall in the amount of
justed to deduct minimum charge.
Request from Warren A. Empey, Acting Director,
sign Sewer Assessment Commitment sheets for Boulder
Middleby Road, Moon Hill Road and Moreland Avenue.
Public Works/Eng. to
$4.05, account ad -
Public Works/Eng. to
Road, Lowell Street,
Request from Arlington -Lexington Hadassah to conduct a "Walkathon"
on Sunday, October 26 from 1:30 to 4:30 p.m. route to be coordinated with
the Chief of Police.
1
1
- 3
Selectmen's Meeting September 15, 1980
Request of Town Manager to approve request of Tax Collector to abate
the following betterments recorded between the years 1957 through.1968,
beyond the statute of limitations for collections originally town owned
and since sold without making the buyer aware of recorded betterments:
STREET BETTERMENTS
Map/Lot Street (old Lot #) Charges Date
Committed
21/95 Theresa Ave. (152 - 153) $450.00 12/07/59
24/3 Valleyfield Street (166) $500.00 05/20/68
24/3 Valleyfield Street (167) $500.00 05/20/68
32/38A Grapevine Avenue (38) $315.00 12/31/57
58/109A
58/110A
58/110B Asbury Street:(243-258 and $2,400.00 02/06/61
58/263 238-242)
58/264
58/264A
58/110A
58/110B Asbury Street (238-242) $750.00 02/06/61
58/110B Freemont Street (234-242) $930.00 11/06/64
58/136 Freemont Street (631 - 634) $800.00 11/06/64
84/16A Ivan Street (59) $378.00 12/31/57
84/16A Ivan Street (60) $378.00 12/31/57
WATER BETTERMENTS
13/149 Tarbell Avenue (1.46-147) $ 90.00 11/07/50
58/103
58/110A Freemont Street (234-237 and $150.00 9/14/59
58/110B 238-242)
58/109A
58/110A
58/110B Asbury Street (243-258 and $480.00 9/14/59
58/263 238-242)
58/264
58/264A
58/109A
58/110A
58/110B Asbury Street (243-258 and $150.00 9/14/59
58/263 238-242)
58/264
58/264A
58/136 Freemont Street (631-634) $120.00 9/14/59
58/103
58/110A Freemont Street (234-237 and $150.00 9/14/59
58/110B 238-242)
1/3
MAPC A95
application
Boston Prop-
erties
Street Open-
ing Com-
mitment per-
mits
Chapter 90
- 4
Selectmen's Meeting
September 15, 1980
Map/Lot Street (old Lot 4P) Charges
Date
Committed
8/39
24/3
24/3
25/162
25/164
33/18
33/19
51/1
51/1
58/109A
58/110A
58/263
58/264
58/110B
58/183
58/184
58/185
72/1
72/187
72/191A
72/350
72/506
Off Pleasant Street (7A)
Valleyfield Street (166)
Valleyfield Street (167)
Spring Street (217)
Marrett Road (131)
Marrett Road (132)
Mass. Avenue (4)
Mass. Avenue (5)
Asbury Street (243 - 258)
Asbury Street (238 - 242)
Hamblen Street (69 - 72)
Bellflower Street (64•--- 68)
Garfield Street (23)
Reed Street (19)
Reed Street (7)
Reed Street (1 & 2)
Reed Street (Block D - Lot 78)
$609.58
$258.76
$258.76
$160.18
$248.49
$142.81
$267.09
$230.87
$1,593.66
$498.02
$506.26
$562.50
$137.25
$113.36
#113.36
$175.00
$ 20.40
6/18/62
11/28/66
11/28/66
09/12/55
10/14/52
10/14/52
2/17/58
2/17/58
10/19/59
10/19/59
09/28/59
09/14/59
12/21/59
11/03/58
11/03/58
03/04/57
11/03/58
The Board discussed the MAPC A95 application relative to the Boston Prop-
erties Proposed Office Park Development on Bedford Street.
Mrs. Battin informed the Board that she had met with Mrs. Frick, MAPC
representative from Lexington and Mrs. Nichols of the Planning Board;as
Mrs. Frick felt that there were areas that had not been adequately des-
cribed in the environmental impact statement particularly traffic,noise
and air polution and she would rather have the Board of Selectmen and the
Planning Board should make the decision. They felt that it was important to
bring to the State's attention the problem of traffic on Bedford Street.
The purpose of the form is to get information for the DOEA and if there is
sufficient concern by various interested parties they then will request a
full environmental impact statement.
Mr. Kent expressed concern that this might countermand the decision of
the Board of Appeals that had already granted a permit. He felt that this
might create a roadblock that another agency had authorized to go forward.
After further discussion it was decided that Mr. Hutchinson will get
in touch with the MAPC to determine what is.,expected from the town on this
particular proposal and have the information for the next meeting.
Upon moiton duly made and seconded, it was voted to approve the request
of Warren A. Empey, Acting Director of Public Works/Eng. to sign commitment
sheet for street opening permits for the month of August, 1980.
The Board discussed the list of streets submitted by. the Town Engineer
to be included in this year's designated list for Chapter 90. It was agreed
that East Street, from Lowell Street to the Town Line 775+, Hancock Street,
from Adams Street to Burlington Street 2800+, Woburn Street from Mass. Avenue
to Lowell Street 6,400+ and Marrett Road in the vicinity of the Minuteman
Regional Vocational School be submitted.
1
1
1
1
1
1
- 5 -
Selectmen's Meeting
September 15, 1980
The Chairman opened the hearing at 8:00 p.m. on the petition of John R. Parker
Clark & Associates for a Special Permit under Section 9.3 of the Zoning By- School
Law for the conversion of the Parker School into 28 condominium units. Hearing
Representing John R. Clark & Associates were Attorney Russian;
Mr. Dennis O'Driscoll and Robert E. Powers, Contractors; Mr. Anthony
Casendino, Architect.
Report and recommendations on the application were submitted to the Se-
lectmen by the Planning Board. There were twelve areas of concern reviewed
by the Planning Board i.e. placement of buildings, major topographic changes,
provision for waste disposal, surface and groundwater drainage, protection
against flooding and inundation, prevention of water pollution and environ-
mental damage, erosion control, parking areas, loading area, maneuvering
areas, driveways and location of intersections of driveways and streets. The
Planning Board felt that there was insufficient information on several im-
portant facets of the proposal, and recommended that the Selectmen require
the developer to submit the missing information in a timely manner to the
Planning Board for review so they could issue a supplementary report to the
Selectmen before they issued the special permit.
During the discussion that followed, the representatives of John R.
Clarke & Associates addressed some of the items and Mr. Russian explained
that there were some conditions the developer was not prepared to totally re-
solve at that point as they would -have. to_be.addressed in the field.
The Town Manager recommended that the permit be granted subject to
Building Commissioner and Town Engineering approval of the plans. He stated
that he had talked to the developer who felt that this was the way toipro-
ceed as some things have to be resolved in the field even with the best of
plans.
Concern was expressed as to further delay of the project by Planning
Board recommendations that the developer submit the information to them for
review and compilation of a supplementary report to the Selectmen.
Mr. Kent raised the question as to what relationship there was between
the granting of the special permit and the deeding of the property by the
town to the developer.
Mr. Cohen stated that a special permit can be granted with conditions
and then convey the property at that time, and the conditions in the special
permit must be adhered to.
Mr. Kent suggested that the developer draft proposed conditions based
on the Planning Board requests and submit them to the Planning Board as soon
as possible; the Selectmen would review it and decide what conditions should
be written into the special permit without waiting for a supplementary re-
port from the Planning Board.
Mr. Russian is to have the draft ready for the Planning Board by Wed-
nesday and the Selectmen will review and make a decision at its next meeting.
The Manager informed the Board that Mr. Hanlon, Town Engineer has Garrity
agreed to serve on the Garrity House Conversion Committee when it is formed. House
He suggested that the Historical Commission and Building Committee be re- Committee
presented and that the Housing Authority is making an effort to see if it
can be used for housing.
I t,
Draft Policy
Streets -
Grade &
Const.
Tax Rate
Gypsy Moths
School St./
Crosswalks
Police Sen-
sitivity
Training
Pension
Committee
Visitors
Center
Roof
Traffic
Safety
Committee
Charge
- 6
The Manager informed the Board that he is still working on the "Draft
Policy on Streets of Adequate Grade and Construction" and will be meeting
with the Planning Board regarding the issue as it ties in with the long
range development and planning concerns of the town. He will have the docu-
ment upgraded and present it to the Board at a later date.
The Manager reported to the Board on the following
items:
The Commonwealth of Massachusetts, Department of Revenue, has certified
the tax rate for the Town as submitted by the Board of Assessors at $92.00/
$1,000 or approximately a 5% increase over the current $87.60.
Mr. Mazerall has attended a Gypsy Moth Program and is getting additional
information on the types of chemicals to be used for control. He is to re-
port back at a later date with more details. The State reports that, the
gypsy moth damage is expected to be much worse next year.
The crosswalks are in at School Street/Wilson Road area and crosshatch-
ing has been completed.
Mr. Hutchinson has been interviewing officers who have been involved in
the Police Sensitivity Training and has received more positive information re-
garding the program than initially perceived. He suggested a meeting with
Dr. Beck and Officer Flynn to review this.
Mr. Alan Fields has agreed to serve as the Selectmen's representative
on the Pension Committee.
Plans are to proceed, consistent with the direction of the Historic
Districts Commission, with the recommendation it made on the installation
of the new roof on the Visitors Center.
The Board discussed the make-up of the Traffic Safety Committee and
agreed to accept Mr. Kent's draft.
Upon motion duly made and seconded, it was voted to accept the following:
"There shall be a Traffic Advisory Committee, advisory to the Board of
Selectmen, consisting of seven (7) members. The Police Chief or his designee,
the Superintendent of Public Works or his designee, the Planning Director,
four (4) citizens appointed by the Board of Selectmen. The Board of Select-
men shall designate the Chairman.
The Committeeshall study problems relative to traffic and report thereon
its recommendations to the Board of Selectmen and the Town Manager.
Items shall be placed on the agenda of the Committee:
a. By reference from the Board of Selectmen
b. By the Town Manager
c. By vote of the Committee
The Town Manager shall report to the Board of Selectmen itesm placed
by him upon the agenda. The Committee shall report to the Town Manager and
the Board of Selectmen the vote of any item to its agenda prior to institu-
tion of a study thereon.
In the selection of personnel for this Committee, consideration shall
be given to the acquisition of experience and expertise in traffic control
and safety.
-7
Selectmen's Meeting September 15, 1980
The Manager requested, and received, the approval of the Board to
insert in the tax bills a letter to taxpayers outlining where the tax
dollar goes'as.he did last year.
Mrs. Battin reported to the Board that the Center Revitalization Com-
mittee will not be able to have its definite plan until March because the
economic analysis and market analysis will not start until then. It has
defined its charge and identified the problems. It intends to critique
all the past studies of the Center and the Planning Director is getting a
list of short-term parking measures that may be taken and then come to
the Board with a recommendation.
Mr. Busa reported that the Energy Committee had met last week and
through the Manager's Office had put in an application for technical
assistance in the evaluation of the town office building, public works
building, police station and Cary Hall. The School Committee has sub-
mitted an application for four of the elementary schools for a computer
system to control the heatid a#rcoid%ting systems through the
schools. If the grant is eived, t ge ral government can tie into
the same system. He reported that literature had been received from the
Department of Energy of Massachusetts that the bulk.._ of the approximately
$3,000,000 went to private schools and little, if any, went to towns or
cities that applied. He felt that the municipalities were not receiving
a fair share of the grants.
After discussion, it was agreed to have a breakfast meeting on
October 10 with the chairmen of the Town boards and committees to discuss
the Selectmen's goals.
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 collective bargain-
ing with no intention of resuming open session.
Upon motion duly made and seconded, it was voted to adjourn at
10:15 p.m.
A true record, Attest:
Tax Bills
Executive Clerk
Center Re-
Vitalize -
tion
Committee
Energy
Committee
Report.
Breakfast
Meeting
Oct. 10
Executive
Session
VOID
SELECTMEN'S MEETING
September 22, 1980
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, September 22, 1980
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 and Miss Casey, Executive Clerk were present.
Chairman Miley opened the hearing on the petition of the N. E. Tele-
phone Company and Boston Edison Company for a joint pole relocation on
Marrett Road: on the northerly side, approximately 8' (feet) easterly of
its existing location, one (1) pole #193/38, one (1) pole to be removed.
Mr. Boudreau of the Telephone Company was present and explained that this
work was necessary in order to provide service to Malt Lane (Cambridge
Farms subdivision.
The Chairman explained that a public hearing was required and that
notices had been sent to the abutters. A recommendation from the Public
Works Department approved the relocation.
The Chairman called upon Roy C. Papalia, attorney for Mr. Elio C.
Sgrosso, 215 Marrett Road request the Board to consider Mr. Sgrosso's
objections to moving the pole 8 feet because he felt that the service
to Malt Lane could be accomplished by moving the pole 2 feet, thereby
having the pole less to the middle of the Sgrosso property.
Mr. Kent requested that the Board have a further recommendation from
the Acting Director, Public Works/Eng. that this request is approved by
him.
Upon motion duly made and seconded, Mr. Crain abstaining, it was
voted to table the request until it has been reviewed by Mr. Coscia and
the Board has received his recommendation.
The Chairman read the request of the N. E. Telephone Company for per-
mission to install conduit in Walnut Street: on the easterly side, ap-
prox 230' (feet) from existing pole #110/10 to driveway entrance of Potter
Pond Estates necessary to service Potter Pond Estates.
The.Chairman explained_that -a public hearing was required and that
abutters had been notified. A recommendation for approval had been re-
ceived from the Acting Director, Public Works/Engineering.
Upon motion duly made and seconded, Mr. Crain abstaining, it was
voted to grant permission to the N. E. Telephone Company requested con-
duit in Walnut Street: on the easterly side, place approximately 230'+
(feet) of underground conduit from exisitng pole #110/10 in a southerly
direction to driveway entrance of Potter Pond Estates.
Upon motion duly made and seconded, it was voted to approve the re-
quest of Mr. Empey, Acting Director Public Works/Eng. for the Board to
sign betterment assessments as follows:
SIDEWALK BETTERMENTS: Wood Street
STREET BETTERMENTS: Banks Avenue, Cushing Street Tucker Avenue
SEWER BETTERMENTS: Pleasant Street, Summit Road, Swan Lane
Wadman Circle, Allen Street, Waltham Street
N. E. Tel
& Boston
Edison
Pole Re-
location
Marrett Rd.
N. E. Tel
Conduit
Walnut
Street
Sidewalk,
Street
Sewer
Betterment
Assessments
Sewer
Assessment
Abatements
Minuteman
School
2A/Mass.
Ave. Traffic
Hazardous
Waste
Coordinator
MAPC
Environ-
mental
review
Boston
Properties
LEXPRESS
-Bus Stops
Depot Sq.
- 2 -
Selectmen's Meeting
Upon motion duly made'and seconded, it was
sewer betterment assessments on Summit Road:
Marjorie E. Ingham, Ruth E. Doran, Amt.
Exec., Dorothy W. Montague, George
B. Wilson, Eleanor Barnett, Jean
Wilson, Ethel M. Couette
September 22, 1980
voted to abate the following
$1245.32 Reason: Land
acquired by Con-
servation Comm.
George S. & Harriet Silverman, Amt. $914.62 Reason: Previously
h/w assessed on Fern St.
The Chairman read a letter from Mr. Ron Fitzgerald of the Minuteman
Regional Vocational School' :askingif the Town could arrange with; the State
officials for temporary improvements in the traffic lights at the 2A/Mass.
Avenue intersection to help withthe:safety-problem in the area.
The Manager is to pursue the matter and see if the area can be included
as a Chapter 90 project. The Manager is to report to the Board at its next
meeting further information including data indicating how many times there
has been an officer there during critical times.
The Manager requested that the Board's appointment of a community haz-
ardous waste coordinator requested by the Executive Office of Environmental
Affairs be tabled.
Upon motion duly made and seconded, it was voted to table the request
of the Executive Office of ',Environmental Affairs for the Board's appoint-
ment of a hazardous waste coordinator.
The Manager reported to the Board relative to the MAPC environmental
review request for Boston Properties proposed office park development.
He stated that he had talked with Mr. Megathlin and was informed that this
is a standard request. Because there were highways and wetlands involved
plus access to state highway, they were required to submit the request.
He said that Mr. Megathlin stated_thatthe.•MAPC was..going to comment that the
whole area traffic problem should be addressed working with the State, Town
and Regional agencies and suggested that the Town's answer be the same.
He recommended that a letter be sent supporting the MAPC request and point-
ing out that the Town has already been studying the traffic problem in the
area. Mr. Hutchinson is to draft a letter to this effect.
The Board met with the Transportation Advisory Committee and Mr. Rosen-
berg updated the Board regarding the bus stop at Depot Square. He reviewed
the Committee's report which stated that several members had looked at the
area of the parking area to the east of Station Way, owned by Depositors
Trust and leased to the Town for parking, which was suggested by Mr. Busa.
The Committee's concerns were: 1. The parking spaces required. 2. The
method of approach and departure and the time required for the busses to
include the change. 3. The safety of the area. 4. The cost to the Town
to make the necessary changes. The Committee recommended that the LEXPRESS
bus stops remain in Depot Square.
Upon motion duly made and seconded, it was voted 4-1, Mrs. Miley,
Mrs. Battin, Mr. Kent and Mr. Crain in the affirmative, Mr. Busa in the
negative, to approve the request of the Transportation Advisory Committee to
have the LEXPRESS bus stop remain in Depot Square.
1
1
- 3
Selectmen's Meeting .September 22, 1980
The Chairman requested the vote of the Board relative to approval of
the minutes of the Selectmen's Meeting of September 8. Mr. Busa requested
that the Executive Session be tabled.
Upon motion duly made and seconded, it was voted to approve the min-
utes:.of the open..session.and—table . the executive session of the Selectmen's
Meeting of September 8, 1980.
The Chairman read the request of Mr. Lloyd D. Taylor to have yellow
dividing lines painted on East Street and suggested that it be referred
to the Traffic Safety Committee.
The Manager informed the Board that he recommended the Board vote to
have the work done as he had spoken to the appropriate departments and
they had,'agreed that the work should be done.
Upon motion duly made and seconded, it was voted to grant the request
of Mr. Lloyd D. Taylor to have yellow dividing lines painted on East Street.
The Manager informed the Board that he had discussed with the Comp-
troller additional sources of funding to make up the deficit in the con-
tract cost for the bikeways. He felt that it could be implemented by cut-
ting back on the contract and recommended that the contract be awarded.
He explained that a small portion would be unpaved.
Upon motion duly made and seconded, it was voted to award the bicycle
path contract to D. J. Mabardy Washed Sand & Gravel Inc. in the amount of
$92,900. Although the low bid was $94,057, the Board instructed the Mana-
ger to put in a change order reducing the amount of pavement or earth ex-
cavation by the sum of $1,157 and keep the Board informed of its progress.
The Manager requested the Board to sign Chapter 90 Memorandum of
Agreement.
Upon motion duly made and seconded, it was voted to sign the two
memoranda of agreement between the State and the Town for Chapter 90.
The Manager referred the Board to previous discussion relative to
the request for "No.Parking" signs on Carriage Drive. He recommended
that the request be denied because he pointed out that perhaps at a later
date people in the area might want the area for parking purposes.
Upon motion duly made and seconded, it was voted to deny the request
for "No Parking" signs on Carriage Drive.
The Manager referenced the Board to his previous notification that he
had appointed Mr. Walter Tonaszuck to the position of Director of Public
Works/Engineering for the Town of Lexington.
He informed the Board that Mr. Tonaszuck was previously Director of
Public Works for the Town of Winchester and has almost 17 years of engin-
eering andmanagerial experience in the private and public sector.
Mr. Tonaszuck was chosen from 90 applicants and hasaccepted the
position at a salary of $37,000 per year.
Mr. Hutchinson expressed his indebtedness to Mr. Warren Empey, as the
Acting Director of Public Works during the period of transition and com-
plementedhis for during a herculean job. He also expressed his apprecia-
tion to Mr. Coscia and all the men and women of the Public Works/Engineering
for their support during this period.
Minutes
Sept. 8
East St.
Yellow
Lines
Bikeways
Contract
Chapter
90
Agreement
No Parking
Sign
Carriage
Drive
Dir. of
Public
Works
Appt.
Hazardous
Waste
Coordinator
Acting
Manager
Cary
Library
Charles
McManus
Youth Advi-
sor -Resig-
nation
Mr. Empey
Mr. Coscia
Proclamation
Mass. PTSA
Prop.
4
Selectmen's Meeting
September 22, 1980
The Board also expressed its appreciation to those involved and also
to the screening committee involved in applications received.
The Manager requested the Board to appoint Mr. Walter Tonaszuck as
its hazardous wastecoordinator for the Town of Lexington.
Upon motion duly made and seconded, it was voted to appoint Mr. Walter —
Tonaszutk as the Hazardous:Waste Coordinator.
The Manager requested the Board to appoint Mr. Richard Perry, Comptroller
as Acting Manager from September 29 through October 1 while he is attending
the ICMA conference in New York.
Upon motion duly made and seconded, it was voted to appoint Mr. Richard
Perry as the Acting Manager for the period September 29 through October 1.
The Manager informed the Board that the library renovations are in the
process of being completed and it is expected that it will be secured for
the winter shortly.
The Manager informed the Board that Charles McManus, Youth Advisor, for
the Town had submitted his resignation. Mr. McManus stated that he felt
that current inhouse agencies are adequate to handle the work now. Mr. Hut-
chinson requested that a letter of appreciation be sent to Mr. McManus.
Mr. Kent requested that a letter of appreciation be sent to Mr. Empey
and Mr. Coscia for their work and dedication during the period of time
that the Town was without an appointed Public Works/Engineering Director.
The Chairman read a request to proclaim October, 1980 as Massachusetts
PTSA Membership Month.
Upon motion duly made and seconded, it was voted to proclaim October,
1980 as Massachusetts PTSA Membership Month.
2 1/2 The matter of a meeting to be conducted by the League of Women Voters
relative to Proposition 2 1/2 was brought up by Mr. Busa. Mr. Hutchinson
and Mrs. Battin, who will be attending the meeting, reassured Mr. Busa that
they will not be speaking for the Board but as individuals. The Manager
informed the Board that the final report on Proposition 2 1/2 will be finished
this week. Mr. Busa has reserved making a statement until the report is
received.
Executive
Session
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 for the purpose of discussing strategy with respect to
collective bargaining, and litigation and to discuss a matter of real estate,
with the intention of resuming the open session. After discussion, it was
voted to go out of Executive Session and resume the open meeting.
- 5 -
Selectmen's Meeting September 22, 1980
The Board met with the Planning Board at 9:00 P.M. relative to the Par' Parker
ker School hearing that had been adjourned last week. School
Mrs. Wheaton informed the Board that the Planning Board felt that the Special
Parker School as a development project is no different than any other that Permit
comes before the Town where certain construction standards have to be met
its recommendations were based on staff recommendations. -She stated that
the Committee still felt that the developer be required to submit the miss-
ing material.
The Manager stated that the draft of the special permit had been drawn
up with the recommendations of the Planning Board incorporated and he recom-
mended that the special permit be issued as outlined.
The question of requiring a bond to ensure satisfactory completion of
the project and conveyance of the 7 units to the Town was discussed.
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 - that the Board
declare its intention to grant a special permit in connection with the Par-
ker School along the guidelines provided in the draft submitted by the Mana-
ger and that the language be worked out including provision for adequate se-
curity for the Town with respect to the easement project.
Upon -motion .duly made and seconded, it was voted to remove from the
table the minutes of the Executive Session of the Selectmen's meeting of
September 8, 1980.
Upon motion duly made and seconded, it was voted to approve the Ex-
ecutive Session minutes of the Selectmen's meeting of September 8, as
corrected.
Upon motion duly made and seconded, it was voted to adjourn at
10:55 P.M.
A true record, Attest:
Executive
Session
Sept. 8
Executive Clerk
VOID
Y
SELECTMEN'S MEETING
October 6, 1980
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, October 6, 1980 at 7:30 p.m.
Chairman Miley, Mr. Busa, Mrs. Battin, Mr. Kent and Mr. Crain; Mr. Hutchinson,
Town Manager; Mrs. Banks, Assistant to the Town Manager, Mr. Cohen, Town Coun-
sel; Miss Casey, Executive Clerk, were present.
The Board discussed the recommendation of the Traffic Safety Committee
to install a "No Parking" provision (curb be painted yeallow in lieu of
signs) at Hancock Street/Bedford Street requested by Mr. Cohen.
Upon motion duly made and seconded, it was voted to approve the reco-
mmendation of the Traffic Safety Committee to paint the curb yellow at Han-
cock Street/Bedford Street.
Upon motion duly made and seconded, it was voted to approve the re-
quest of the Acting Director Public Works/Engineering to abate the following
sewer betterment assessment: ,Carl E. & Mary Jo Peterson, 62 Fern Street in
the amount of $2,462.94 - land transferred to Conservation Commission --
Article 39 of the warrant for the 1978 annual town meeting.
Upon motion duly made and seconded, it was voted to grant the request
of the Symmes Hospital Community Relations and Development for a One Day
Liquor License on October 19, 1980 for a benefit buffet and art auction at
the Museum of our National Heritage.
The Board discussed a letter from Linda Roemer relative to making
entrance ankt exit to:Cary Hall more:.accessible to ,the handicapped and to
the elderly.
The Manager informed the Board that he had discussed it`with the Pub-
lic Works Department and will be receiving proposals from them relative to
a solution to the problem. He pointed out that there is a problem with
grade going into the building. He is to report back to the Board and will
contact Ms. Roemer.
The Board discussed Question #5 which will be on the November ballot --
a Constitutional Amendment which limits the power of the Legislature to im-
pose additional costs on cities and towns. This amendment will increase lo-
cal control over city and town budgets by limiting the power of the Legis-
lature to pass state mandates concerning municipal employee salaries and
benefits.
Mrs. Battin explained that the Mass. Municipal Association was suc-
cessful in getting the item on the ballot and that it was now up to the
local governments to take a stand and urge the voters to pass it.
Upon motion duly made and seconded, it was voted to accept the recomen-
dation of the Mass. Municipal Association that the Lexington Board of Select-
men urge the citizens to vote "Yes" on Question 465 on the November election
ballot.
27 4j
Traffic --
Hancock St.
Bedford St.
Yellow
Curb
Sewer
Betterment
Abatement
One Day
Liquor
License
Cary
Hall
Election
Nov. 5
Hartwell
Bike Pro-
posal
Ave. The Board discussed the Traffic Safety Committee's report relative to
Recreation Committee's Hartwell Avenue Bike proposal.
It was the feeling of the Board that the matter should be taken up at
a later date after more input has been received from people that are par-
ticularly interested in.biking. -_Mr. Busa pointed out that a traffic study is
being made of that particular area and this proposal might well be incorporated
in one warrant article.
Upon motion duly made and seconded, it was voted to table the matter of
the Hartwell Avenue Bike proposal until further information is obtained. The
matter is to be discussed again at the second meeting in November.
The Town Manager introduced Mr. John McLaughlin, Chairman of the Tax
Policy Committee that has been meeting since May and has devoted an extensive
amount of time and work into its reporton its Evaluation of Proposition 2 1/2"
Mr. McLaughlin stated that, given the composition of the Committee, it
had proven to be a very interesting challenge. He felt that the Committee
represented a broad range of views and political philosophies, including a
number of members that were in favor of some kind of tax limitation. The
feeling was that the Massachusetts tax structure was in need of some kind of
reform. The Committee tried to address the problem by taking a very narrow
view of what was best for the_ citizens of Lexington. The Committee con-
cluded and urged, unanimously, that voters of Lexington vote against 2 1/2
as not being in their best interest.
The-Board_complimented the Committee on the outstanding job that it
had done in developing a most comprehensive report.
Mrs. Battin presented a motion to accept the report of the Committee
and that the Board oppose Proposition 2 1/2 and urge the citizens to also.
Mr. Busa objected to the motion because he felt that the proponents
of the bill had not presented their side.
After discussion, it was agreed to take the vote; Mr. Busa abstaining;
he will make a public statement at the next meeting.
Upon motion duly made and seconded, it was voted 4-0, Mr. Busa ab-
staining, to accept the report of the Tax Policy Committee relative to Prop-
osition 2 1/2
Tax Policy
Committee
Prop. 2 1/2
Transfer
Reserve Fund
LEXPRESS
Bike Paths
Contract.
Gulf Oil
Marrett Rd.
The Manager requested a transfer of $8,000 from the Reserve Fund to
the Fire and Police Medical Account. He is give the Board an updated report
on the progress of the two policemen and one firefighter on the injured list.
Upon motion duly made and seconded, it was voted to approve the request
of the Town Manager for a transfer of $8,000 from the Reserve Fund to the
Fire and Police Medical Account.
Upon motion duly made and seconded, it was voted to sign the Service
Agreement by and Between the Massachusetts Bay Transportation Authority and
the Town of Lexington extending the contract through October 31, 1980, fund-
ing for LEXPRESS.
Upon motion duly made and seconded, it was voted to sign the contract
with C. J. Mabardy Co. for the Bike Paths, contract # 81-4-E.
Upon motion duly made and
of the Gulf Oil Corp. to remove
located at 324 Marrett Road and
fuel.
seconded, it was voted to approve the request
existing gasoline tanks at the gas station
install four tanks for gasoline and diesel
1
1
1
7�5
Selectmen's Meeting October 6, 1980
The Manager informed the Board that bids for securing the library Cary
for the winter, which involves taking off the stucco panels and water- Library
proofing it, had been received. He also informed the Board that a transfer Repairs
request of $25,000 will be needed because of expenses involved in the con-
sultants report that will be involved in the,litigation and for architect-
ural services for preparing specifications. He also stated that a $2,000
contingency factor on the project would be required.
Mr. Busa that an updated report, including possible costs for liti-
gation, will be given to the Board at its next meeting and the following
was voted:
Upon motion duly made and seconded, it was voted to award the con-
tract for temporary repairs and securing Cary Library for the winter to
Commercial Construction Co. of Medford in the amount of $17,983.00 subject
to review of the contract by Town Counsel. The contract is to be signed
by at least three members of the Board immediately after Town Counsel's
approval in order to facilitate r,pairoconstrouction without further dealy.
Upon motion duly made and seconded, it was voted to transfer $5,000 Transfers
into the Professional Services account and $20,000 into Building Mainten-
ance Account.
Upon motion duly made and seconded, it was voted to approve the Overruns
request of the Town Engineer_ for the expenditure of $36,672.00 to cover the Sewer
cost of overruns on Sewer Contract #80-1-E awarded to Great Northern Contract
Constructors, Inc.
Upon motion duly made and seconded, it was voted to approve the re- Grant
quest of the Town Engineer for the expenditure of $4,500.00 from Article Street
16 of the 1977 Town Meeting -- Drain Construction -- to install new drain- Drains
age system in Grant Street.
The Manager informed the Board that he will contact the Mayor of CETA
Newton relative to his request concerning the CETA program and let him know Program
that work is being done on the request, but no definite decision has, as
yet, been reached.
Upon motion duly made and seconded, it was voted to sign the deed Hinchey
conveying property on Hinchey Road to Mortimer Zuckerman, Trustee of the Road
MBZ Trust.
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 go Session
into Executive Session for the purpose of discussing a matter of litigation
and a matter of the reputation of an individual who has been notified of
this, with no intention of resuming the open session.
Upon motion duly made and seconded, it was voted to adjourn at 10:20 p.m.
A true record, Attest:
Executive Clerk
VOID
1
SELECTMEN'S MEETING
October 20, 1980
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, October 20, 1980, at 7:30 p.m.
Chairman Miley, Mr. Busa, Mrs. Battin, Mr. Kent and Mr. Crain; Mr. Hutchinson,
Town Manager; Mrs. Banks, Assistant to the Town Manager, Mr. Cohen, Town
Counsel; Miss Casey, Executive Clerk, were present.
Mr. Louis Zehner, Town Treasurer, requested the Board's approval to
borrow $300,000 for construction and reconstruction of sewers and $66,000
for the bicycle paths. He recommended that the awards be made to the
lowest bidders, Old Colony, New England Merchants and Shawmut County Bank
of Cambridge.
Upon motion duly made and seconded, it was voted to approve the recom-
mendation of the Town Treasurer to borrow $300,000 for sewer construction
and reconstruction as follows: $150,000 from Old Colony at 5.18% and
$150,000 from N. E. Merchants at 5.49%; $66,000 for the bicycle paths from
Shawmut County Bank of Cambridge at 4.90% to be repaid from the proceeds
of bond issues to mature June 16, 1981 and February 6, 1981, respectively.
Treasurer
The Board met with Chief Bergeron and several Lexington physicians to Ambulance
discuss the ambulance policy guidelines. Copies of the guidelines had Policy
been distributed to the physicians in the area.
The primary conflict centered around the question of whether or not to
go to the nearest hospital, in most cases this would be Symmes, or go a
longer distance to a hospital where the patient had been before and had
his records.
Mr. Kent felt that the restrictions on where to take patients should
be made more flexible, without the guidelines being totally open-ended.
It was decided to table the discussion until the November 3 meeting.
The Chairman thanked the physicians for their input and they retired
from the meeting.
Upon motion duly made and seconded, it was voted to table the dis-
cussion and adoption of the new ambulance policy guidelines until the
November 3 meeting.
The Town Manager introduced Mr. Walter Tonaszuck,-the new director Director
of Public Works/Engineering. The Chairman extended a welcome and best Public
wishes to Mr. Tonaszuck. Works
The Board met with theCATV Committee. The Chairman thanked the CATV
committee for its many years of work on the project and turned the chair Hearings
over to Mr. Busa.
Mr. Kent requested that it be made clear that he was disqualifying
himself from participation in the hearings and any role in the making of
a decision in the award of a cable television franchise. He stated that
his decision was based on his very close personal relationship with
counsel for one of the applicants. He stated that he had sought the ad-
vice of Town Counsel concerning the proper course of action, not so much
to avoid conflict of interest but to avoid the appearance of conflict of
interest. Mr. Cohen felt that, in his view, Mr. Kent ought to disqualify
CATV
Hearing
- 2 -
himself, which confirmed Mr. Kent's own opinion.
Mr. Busa expressed the regret of the Board that Mr. Kent's legal and
technical advice would be sorley missed.
Mr. Kent left the meeting room.
Mr. Busa explained that the Board would now proceed to conduct the
first of two public hearing sessions in connection with the issuance of a
cable television franchise for the Town of Lexington. He stated that the
hearing was held by the Board of Selectmen in its capacity as issuing
authority under Massachusetts General Laws, Chapter 166A, Section 16 and
Section 3 of Title 207 of the Code of Massachusetts Regulations, as re-
vised on September 15, 1980, including the new section on local ownership
disclosure and general licensing rule changes.
Mr. Busa explained the rules of the hearing and proceeded to call upon
Mr. Thomas Bird of Rollins Cablevision of Massachusetts, Inc. to make his
company's presentation.
Mr. Micahel Isaacs made the presentation for the Greater Boston Cable
Corporation/Colony Communications Company.
The third company listed for the hearing, Lexington CATV/Acton cor-
poration did not send a representative, therefore, no presentation was made.
After the presentations were made, Mr. Busa adjourned the hearing at
9:20 p.m..to be reconvened on October 27 at 8:00 p.m. in the Selectmen's
Meeting Room.
Mrs. Miley resumed the chair and continued the Selectmen's meeting.
Upon motion duly made and seconded, the Board voted the following items:
Sheraton/Lex. Approval of change of manager for the Sheraton -Lexington Motor Inn from
Mgr.
Mass. Dept.
Pub. Health
One Day
Liquor Lic.
Sewer
Abatement
State Elec-
tion
Warrant
One Day
Liquor Lic.
Gypsy Moth
Program
Jeff Brown to Robert Savio.
Request of Mass. Dept. of Public Health to declare the week of Novem-
ber 9 "Emergency Medical Services Week".
Confirm poll vote of issuance of One Day Liquor License for October 20
to Minuteman Chapter of the American Red Cross.
;Approve abatement of sewer assessment of Joseph F. Alibrandi on Lot H.
Lowell Street in the amount of $2,214.80 -- sewer not extended to service
this lot.
Confirm poll vote to sign the Warrant for the State Election on
November 4, 1980.
Approve request for One Day Liquor License for October 25, 1980 by the
94th U.S. Army Reserve Command.
The Manager updated the Board on the Gypsy Moth problem and he referred
them to reports from George Smith on discussions he had with three experts
in the chemical field which indicated that everyone was opposed to the use of
chemicals. The staff is now reviewing how an expanded program can be run
with the use of dipel.
1
3
Selectmen's Meeting October 20, 1980
The Manager requested the Board's signature for the MBTA-LEXPRESS LEXPRESS
agreement. Contract
Upon motion duly made and seconded, it was voted to sign the Service
Agreement By and Between the Massachusetts Bay Transportation Authority
and the Town of Lexington, Effective September 1, 1979 under article IV
extending the contract through October 31, 1980.
Mr. Busa issued a statement on his position relative to Proposition Prop. 21/2
2 1/2. He stated that, while he sympathized with its prpponents and.their Mr. Busa
objective to cut property taxes, he felt that Proposition 2 1/2 in its
present form was not a good piece of legislation and he could not sup-
port it. He cautioned those that would vote for it to expect increases
in such things as user fees and cuts in services.
This made it a unanimous decision that the Board of Selectmen would
oppose Proposition 2 1/2. 2! e% ;
The Manager updated the Board relative to the problem of the traffic Minuteman
light at the Minuteman School. They are looking into additional signing School
in the area, additional lighting, subject to cost and an overhead tem- Traffic.
porary light subject to cost. He stated that they will try to get the
school to share some of the cost. He stated that all these things are
only temporary and partial solutions of the problem.
Upon motion duly made and seconded, it was voted to adjourn at
10:55 p.m.
A true record, Attest:
Executive Clerk
VOID
1
1
SELECTMEN'S MEETING
October 27, 1980
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, October 27, 1980 at 7:30 p.m.
Chairman Miley, Mr. Busa, Mrs. Battin, and Mr. Crain; Mr. Hutchinson, Town
Manager; Mrs. Banks, Assistant to the Town Manager; Mr. Cohen, Town Counsel;
Miss Casey, Executive Clerk, were present.
The Chairman read a request from the Appalachian Mountain Club for a
One Day Liquor License on November 8, 1980.
Upon motion duly made and seconded, it was voted to approve the re-
quest of the Appalachian Mountain Club for a One Day Liquor License for
November 8, 1980.
Upon motion duly made and seconded, it was voted to appoint the follow-
ing to the Garrity Rouse Committee:
Mrs. Barbara Primiano, Mr. Donald Wilson, Mr. Michael Hanlon, Town En-
gineer, Mr. Richard Morehouse, and Mrs. Anne Grady.
The Manager requested the approval of the Board in the expenditure
of $3,490 to cover the increased cost of the paving in the Birdhill Road
sewer project, Contract #80-1-E.
Mr. Busa questioned why this is necessary when the cut for repaving
was anticipated when the bid was submitted.
Mr. Busa, Mr. Hutchinson and Mr. Hanlon are to go over the request
again and have the information for the next Selectmen's Meeting.
The Manager requested the Board's approval of a request for a sewer
betterment deferment. from Robert J. Gartside, Jr.
Upon motion duly made and seconded, it was voted to approve the re-
quest of Robert J. Gartside, Jr. for a deferment of the sewer betterment
charge of $922.71 assessed on lot #51, Loring Road. This deferment is
for three years or until the lot is built'upon. If the lot is built upon
in the future the betterment should include all interest charges.
Mr. Cohen requested the signatures of the Board on the Orders of
Taking for the Amherst Street sewer easements.
Upon motion duly made and seconded, it was voted to sign the Orders
of Taking for right-of-way called Milliken Road and from Woodpark
Circle to Amherst Street.
At 8:00 p.m. the last of the public hearings on CATV was held.
Mr. Busa explained the rules of the hearing and stated that the three
companies presenting proposals were Continental Cablevision, Inc.,
Sammons Communications, Inc. and Adams Russell, Inc.
One Day
Liquor
License
Garrity
House
Committee
Birdhill
Road
Sewer
Contract
Sewer
Betterment
Deferment
Gartside
Orders
of Taking
Amherst St.
Sewer
CATV
Hearing
- 2 -
Messrs. Amos Hostetter and Robert Sacks made presentations for Contin-
ental Cablevision.
Mr. 'William Headley made the presentation for Sammons Communications, Inc.
Attorney Stephen Russian made the presentation for Adams Russell, Inc.
The Chairman requested a vote to adjourn the::regular meeting before
opening the CATV hearings at 8:00 p.m. There will be no Executive Session.
Upon motion duly made and seconded, it was voted to adjourn at 7:45 p.m.
A true record, Attest:
Executive Clerk
1
1
SELECTMEN'S MEETING
November 3, 1980
A regular meeting of the Board of Selectmen was held in the
Meeting Room, Town Office Building, on Monday, November 3, 1980
Chairman Miley, Mr. Buse, Mrs. Battin, Mr. Kent, Mr. Crain; Mr.
Town Manager, Mr. Cohen, Town Counsel; Mrs. Banks, Assistant to
Manager; and Miss Casey, Executive Clerk, were present.
Selectmen's
at 7:30 p.m.
Hutchinson,
the Town
Chairman Miley convened the meeting at 7:30 p.m. and read a request
from the Town Engineer to sign sewer betterment assessments for
Patricia Terrace.
Upon motion duly made and seconded, it was voted to sign the sewer
betterment assessments for Patricia Terrace.
A request from Donald D. Wilson for abatement of sewer betterment
assessment on Parcel "C", Pleasant Street was read by the Chairman
The Manager informed the Board that the request was still being investi-
gated and requested the matter be tabled.
Upon motion duly made and seconded, it was voted to table the re-
quest of Donald C. Wilson for abatement of a sewer betterment assessment
on Parcel "C", Pleasant Street.
The Chairman read a request from the manager of Brigham's (1777
Mass. Avenue store) to open at 6:00 a.m. instead of 7:00 a.m.
Upon motion duly made and seconded, it was voted to approve the
request of the manager of Brigham's (1777 Mass. Avenue store) to open at
6:00 a.m. instead of 7:00 a.m.
Town Counsel requested the Board to sign deed conveying tax title lot
to Benjamin H. Golini.
Upon motion duly made and seconded, it was voted to sign the deed con-
veying tax title lot to Benjamin H. Golini.
The Chairman requested the Board to sign.the agreement for LEXPRESS.
Upon motion duly made and seconded, it was voted to sign the Service
Agreement By and Between the Massachusetts Bay Transportation Authority
and the Town of Lexington, Effective September 1, 1979 under Article LV
extending the contract through November and December.
The Chairman read the request of the Lexington Elks for renewal of
its Beano license.
Upon motion duly made and seconded, it was voted to signthe renewal
license for the Lexington Lodge of Elks #2204.
The Board discussed the Annual Town Election and Annual Town Meeting.
Upon motion duly made and seconded, it was voted to call the Annual
Town Election Day on Monday, March 2, 1981 and set the polling hours
from 7:00 a.m. to 8:00 p.m.
Sewer
Betterments
Patricia
Terrace
Sewer
Betterment
Assessment
Donald C.
Wilson
Brigham's
Hours
Changed
Tax Title
B. H.
Golini
LEXPRESS
Contract
Elks
Beano
License
Annual
Town
Election
Annual Town
Meeting
Warrant
12/29/80
Ambulance
Policy
Gypsy Moth
Program
Birdhill
Sewer
Overrun
Street
Acceptance
FY '82
Schedule
- 2
The Manager requested the Board to delay a decision on calling the
Annual Town Meeting on March 16, 1981 due to the fact that a vote will be
taken on November 4 on Proposition 2 1/2,'.-- More_€inanciaL:information
would be:available at,>that..tifia for the Selectmen's review.
Town Counsel pointed out that the Town By -Laws states that the first
Monday in March shall be the beginning of the annual town meeting which
means the election and the business session. The General Laws states that
if an annual meeting is called more than 35 days after the election, a
separate warrant is required.
Upon motion duly made and seconded, it was voted to delay a decision on
calling the Annual Town Meeting on March 16, 1981.
The Chairman requested the Board's vote on the closing date of the
warrant for submission of articles.
Upon motion duly made and seconded, it was voted to close the Warrant
for submission of articles on December 29, 1980. at 4:30 p.m. in the
Selectmen's Office.
The Manager briefed the Board relative to the prior discussion of the
ambulance policy as submitted by the Chief and the concern generated by
the Board which dealt with commuter traffic conditions.
Upon motion duly made and seconded, it was voted to adopt the ambulance
policy with the following additional language at the beginning of para-
graph #3 "Except upon request of a physician made upon the basis of an em-
ergency", during commuter traffic conditions, et.
Mr. Mazerall breifed the Board relative to the Gypsy moth control. He
showed maps indicating areas where spraying had been done and the control
effects by the use of Dipel. He said he hoped to get two sprayers out
next year - one a hydraulic and two mist sprayers.
Upon motion duly made and seconded, it was voted,subject to the
availability of funding, an expanded program of Gypsy moth control using
Dipel only.
The Manager informed the Board that he and Mr. Busa had reviewed with
the Public Works personnel the overrun of $3,490.00 on the Birdhill sewer
construction.
Mr. Busa informed the Board that after this review he would accept the
explanation and recommended approval of this overrun.
Upon motion duly made and seconded, it was voted to approve the request
of the Town Engineer for the expenditure of $3,490.00 to cover the cost
of the overrun on the Birdhill Sewer Contract #80-1-E.
The Manager presented the time sequence schedule for FY'82 Street
Acceptance.
After discussion, it was agreed to accept the schedule as presented.
Upon motion duly made and seconded, it was voted to accept the time
sequence schedule for FY '82 street acceptance subject to revision by
the Board as necessary.
1
- 3
Selectmen's Meeting November 3, 1980
The Board discussed the regulation of horse back riding on school
property. The Manager recommended that horses be specifically refer-
enced and the public be advised that this will be voted on November 24.
The Board agreed.
Mr. Crain suggested that Martin Gilman and
appointed to the Garrity House Committee.
Upon motion duly made and seconded, it was
Gilman and Wilbur Jaquith to the Garrity House
Wilbur Jaquith be
voted to appoint Martin
Committee.
Mr.Busa reported to the Board that the CATV Committee would be
meeting on Wednesday and they would like to know if the Board would
like to have the number of applicants reduced to less than five.
They would also like to have an extension of 30 days before the closing
of the hearing to compile a questionnaire. =.The closing date is the 28th
of November and if the extension is granted it would be December 28th.
After discussion, the Board agreed.
Mr. Kent took no part in the discussion.
33
Horse Back
Riding
Schools
Garrity
House
Committee.
CATV
Committee
Upon motion duly made and seconded, it was voted 5-0, by roll call Executive
vote, Mrs. Miley, Mr. Buse, Mrs. Battin, Mr. Kent and Mr. Crain to go Session
into Executive Session, -with the intention of resuming the open session,
to discuss matters of collective bargaining and the sale of real estate.
After discussion the open meeting was resumed.
The Board met with Attorney Francis W. K. Smith relative to his
letter to the Chairman in which he stated that be has become aware of
a number of illegal housing units existing in Lexington. He stated that
these units are serving a worthwile housing need, but were put in with-
out building permits and in violation of the zoning by-laws. He stated
that it was his understanding that the assessors who were doing the re-
valuation of the Town had cataloged all of the multiple family dwellings
in town. If this list were turned over to the building inspector he
would be obliged to enforce the zoning by-law and hundreds of these units
would have to be closed down and the illegal use abated. Mr. Smith felt
that this would not be in the best interest of the Town and after discuss-
ing it with the Planning Director, suggested that some form of a mora-
torium or "amnesty" under which the existing units as of a certain date
after a hearing with notices to abutters and inspection by the building
commissioner and health inspector, could be given a special permit by the
Board of Appeals. This procedure would enable.the owners of such units
to legalize the existence of these units. .He suggested that the Board.
appoint a committee to study the problem who could recommend a warrant
article for Town Meeting for these units to be legalized.
There was considerable discussion about the problem and the proposed
solution. Mr. Kent felt that he did not see how a zoning by-law could
be adopted giving the Board of Appeals permission to permit uses of this
type that already exist but not new ones.
The Manager informed the Board that information now coming in indi-
cates that there may be as many as 100-200 or more now in existence. In
some cases neighbors do not object but in others they have.
Illegal
Housing
Units
- 4
Mr. Crain stated that he felt it was a very complex problem and the
Board must address it. He felt that more time was needed for the Board
to study the problem and requested that the matter be tabled.
The Chairman pointed out that a motion had been made and seconded to
appoint the committee.
Mr. Kent suggested that the tabling motion take precedence over the
original motion. He suggested that the reaction of the Planning should be
sought before any decision of the Board was made.
Upon motion duly made and seconded, it was voted to table the appoint-
ment of a committee to study the problem of illegal housing units in the
Town.
The Chairman thanked Mr. Smith for bringing the matter up and he retired
from the meeting.
Upon motion duly made and seconded, it was voted 5-0, by roll call vote,
Mrs. Miley, Mr..Busa, Mrs. Battin, Mr. KentandcMr..-_€rain, to return to Exe-
cutive Session for the purpose of. discussing collective bargaining, with
no intention of resuming the Open Session.
Upon motion -duly made and seconded, it was voted to adjourn at 10:05 p.m.
A true record, Attest:
Executive Clerk
1
2'3 5
SELECTMEN'S MEETING
November 17, 1980
A special meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building on Tuesday, November 17, at 7:30 p.m.
Chairman Miley, Mr. Buse, Mr. Crain; Mr. Hutchinson, Town Manager and
Miss Casey, Executive Clerk were present.
Chairman Miley opened the hearing on sewers for consideration in the Sewer
FY '82 Sanitary Sewer Program and called on Town Engineer, Michael Hanlon. Hearing
Mr. Hanlon informed the Board that the Engineering Department held
an administrative hearing on the sanitary sewer proposals for FY '82 on
November 5. Questionnaires and cover letters to all the reisdents affected
by the proposals were sent out. There were twelve streets listed for con-
sideration. He explained that Wood Street, Bellflower Street, Harbell
Street, Balfour Street and Jean Road were the last streets remaining from
the original "Category A" 2.5 million dollar bond issue; Blake Road and
Westview Streets were listed under "Category B" but were included because
of written requests for sewerage; Earl Street, Grant Place and Spring
Street were also "Category B" but it was decided to include them to get in-
put from the residents; Whittier Road and Redcoat Lane were in the original
"Category A", but were not recommended for construction in previous years
and it was decided to review them again.
The Wood Street proposal extends from Conestoga Road to Hartwell
Avenue and is designed in three separate sections. Residents at the Con-
estoga Road and Bates Avenue end are in favor; residents at Hartwell
Avenue end are opposed. Vote at hearing on November 5: four in favor;
four against; three not sure. Estimated cost $175,500.
Recommendation by Sewer Advisory Committee: Hartwell Avenue end:
much of the land is due to be developed, residents did not want the sewer -
suggest that the town wait and let the developer put it in. Bates Road
section: Should be sewered eventually, but no immediate problem exists.
Conestoga Road section: Should be built now. There is a health problem
and most residents want the sewer.
Bellflower Street, 90 feet, estimated cost: $5,850 would service
only one resident who is not sure he wants it.
Recommendation by Sewer Advisory Committee: Will be needed eventu-
ally but could be postponed until needed.
Harbell Street, 685 feet, estimated cost: $44,525. Sewer proposal
will require an easement down to Constitution Road. Residents also re-
quested a drain to alleviate the storm water runoff problems that exist
between Harbell Street and Constitution Road.
Recommendation by Sewer Advisory Committee: Sewer should be built
now as there is a health problem. Solution to the drainage problem should
be coordinated with the sewer.
Balfour Street, 230 feet, estimated cost: $14,950.
Recommendation by Sewer Advisory Committee: Sewer will be needed
eventually, but there is no immediate need. None of residents answered
the questionnaire or attended November 5 hearing. Might be more economical
to build the sewer at the same time as the one in Harbell Street.
- 2 -
Jean Road, 530 feet, estimated cost: $34,450.
Recommendation by Sewer Advisory Committee: Although the Health Dept.
mentioned a possible failing system, none of the residents,contacted knew
of any problems -- none were particularly anxious for a sewer. No one
attended the sewer hearing on November 5. Sewer will be needed here eventu-
ally (lots are fairly large) no immediate need.
Blake Road, 155 feet, estimated cost: $10,075.
Recommendation by Sewer Advisory Committee: The one family which would
be served by this sewer wants it very much. However, the lot is large and
the committee wondered about the possibility of the resident making his own
connection either downhill to Williams Road or uphill via a private force
pump to Blake Road.
Westview Street, 1080 feet, estimated cost: $70,200.
Recommendation by Sewer Advisory Committee: None of the residents
showed up at the November 5 hearing. It seems like a lot of sewer for so
few residents and the committee would like to hear more about the health
problem.
Earl Street, 200 feet, gravity, estimated cost: $13,000.
390 feet, force main w/pumping station, est. cost: $25,350.
Recommendation by Sewer Advisory Committee: Sewer is too expensive,
none of the residents seem interested.
Grant Place, 405 feet, estimated cost: $26,325.
Recommendation by Sewer Advisory Committee: The houses are on a hill-
side with small lots and there is a health problem. The sewer is needed
here, but there will be a problem as the road is not built upon the right-
of-way.
Spring Street, 2080 feet, estimated cost: $135,200.
Recommendation by Sewer Advisory Committee: This sewer is too ex-
pensive - maybe the next developer will offer to build it.
Whittier Road, 390 feet, estimated cost: $25,350.
Recommendation by Sewer Advisory Committee: Definitely No.
Redcoat Lane, 110 feet, gravity, estimated cost: $7,150
160 feet, force main w/pumping station, est. cost $10,400.
Recommendation by Sewer Advisory Committee: A pumping station that
requires a lifetime of daily inspections by two men is too expensive. We
think the Engineering Department can help the reisdents come up with pri-
vate alternatives.
Abutters present who wished to be recorded were as follows:
Wood Street: Kevin Roffi, 259 Wood Street, in favor; James Cosgrove,
307 Wood Street, opposed; Judith McNamara, 197 Wood Street, in favor;
Ellen Einstein, 207 Wood Street, in favor; John LaPointe, 227 Wood Street,
in favor; Bulent Kastarlat, 221 Wood Street, in favor.
Bellfower Street: No one spoke in favor or in opposition.
Barbell Street: Albert Landers, 15 Constitution Road, wants proper
drainage guarantee; Liz Myers, 11 Constitution Road, wants proper drainage
and sewer or none at all.
Mr. Busa explained that this was a sewer hearing and that drainage was
another subject to be taken up separately.
Balfour Street: No one spoke in favor or in opposition.
Jean Road: John C. Bowman, 10 Jean Road, stated that a developer is
planning to run a sewer line to Lincoln Street and suggested that it might
be more advisable to run in that direction rather than toward Mass. Avenue.
Mr. Hanlon stated that it was a possibility but it would mean going through
private property and obtaining an easement.
1
1
Selectmen's Meeting November 17, 1980
Blake Road, 155 feet, estimated cost: $10,075.
Recommendation by Sewer Advisory Committee: The one family which would
be served by this sewer wants it very much. On the other hand, the lot is
large, and we also wondered about the possibility of the resident making his
own connection either downhill to Williams Road or uphill via a private force
pump to Blake Road. Joseph Mendola, 127 Blake Road spoke in favor of the sewer.
The Chairman read a letter from the Health Director stating that there is
a health hazard at the location, the system; is approximately 40 years old and
was not maintained properly.
Earl Street, 200 feet gravity, estimated cost: $13,000
It 390 feet force main w/pumping station, est. cost: $25,350.
Recommendation by Sewer Advisory Committee: This sewer is too expensive
and none of the residents seem interested. No one spoke in favor or in
opposition of the sewer.
Grant Place, 405 feet, estimated cost: $26,325.
Recommendation by Sewer Advisory Committee: These houses are on a hill-
side with small lots, and there is a health problem. A sewer will be needed
here, though there will be a problem as the road is not built upon the right-
of-way. No one spoke in favor or in opposition of the sewer.
Westview Street, 1080 feet, estimated cost: $70,200.
Recommendation by Sewer Advisory Committee: None of the residents showed
up at the November 5 hearing. It seems like a lot of sewer for so few resi-
dents, and we would like to hear more about the health problem. No one spoke
in favor or in opposition of the sewer.
Spring Street, 2080 feet, estimated cost: $135,200.
Recommendation of the Sewer Advisory Committee: This sewer is too ex-
pensive. Maybe the next developer will offer to build it. No one spoke in
favor or in opposition of the sewer.
Whittier Road, 390 feet, estimated cost: $25,350.
Recommendation by Sewer Advisory Committee: No. No one spoke in favor.
Wayne Solomon, 4 Whittier Road spoke in opposition.
Redcoat Lane, 110 feet gravity, estimated cost: $7,150.
" " 160 feet force main w/pumping station, est. cost: $10,400.
Recommendation by Sewer Advisory Committee: A pumping station which re-
quires a lifetime of daily inspections by two men is too expensive. We think
the Engineering Department can help the residents come up with private al-
ternatives. The Chairman read a letter from Louis R. Vitiello requesting the
sewer system to be constructed. No one spoke in opposition.
The Chairman declared the hearing closed of 8:25 p.m. and stated that
the Selectmen will take all statements under advisement when the decision is
made during the budget process.
The Chairman resumed the regular meeting with a request from the One Day
Recreation Committee of W. R. Grace for a One Day Liquor License for Novem- Liquor
ber 19, 1980. License
Upon motion duly made and seconded, it was voted to grant a One Day
Liquor License to RAEDACC Association of W. R. Grace for November 19, 1980.
1
t
Battle Green
Appt. Garrity
House Comm.
Police Con-
tract
Manager's
Items
- 4 -
The Chairman read a request from Mr. Jacques Heiman, producer, French
National Public Television for permission to film historic sites in Lex-
ington including the Battle Green between November 20 and November 22.
Upon motion duly made and seconded, it was voted to grant permission to
Mr. Jacques Helman, producer, French National Public Television to film
historic sites in Lexington including the Battle Green between November 20
and November 22.
Upon motion duly made and seconded, it was voted to appoint Mr. Lawrence
Whipple to the Garrity House Committee.
The Manager
Union has been
a Special Town
informed the Board that a tentative agreement with the Police
reached that goes back to July, 1979. It will necessitate
Meeting in January.
The Manager presented the five-year projected tax rate and stated that
Proposition 2 1/2 has changed the estimates considerably. He had spent
the morning in the office of revenue trying to get guidelines on what is
a definition of fair cash value. He feels that the State will be coming
out with a definition soon, and that the budget process will be more com-
plicated because of the passage of Proposition 2 1/2.
The library addition work has begun and remain a very difficult problem.
Permission was given to the High School Music Department's Concert
Choir to go Christmas Caroling in Lexington Center on Saturday, December 13
and Saturday, December 20.
There was no executive session.
Upon motion duly made and seconded, it was voted to adjourn at 8:40 P.M.
A true record, Attest:
aer 'o
Executive Clerk1(
1
33Y
SELECTMEN'S MEETING
November 24, 1980
A regular meeting of the Board of Selectmen was held in Estabrook Hall
on Monday, November 24, 1980 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 and Miss Casey, Executive
Clerk were present.
Chairman Miley opened the hearing on the petition of the Gulf Oil Com- Gulf Oil
pany for permission and license to remove existing six (6) 3,000 gallon Gasoline
underground gasoline storage tanks and the installation of fnnr,;: (4) 10,000 Hearing
gallon underground gasoline storage tanks and one (1) 10,000 gallon under-
ground diesel storage tank on the premises at Marrett Road and Waltham St.
The Chairman read a report from the Fire Chief stating that an in-
spection had been made of the premises and all regulations had been metand
recommended approval by the Board.
Upon motion duly made and seconded, it was voted to grant permission
to the Gulf Oil Company to remove existing six (6)-3,000 gallon underground
gasoline storage tanks and install four 10,000 gallon fiberglass under-
ground gasoline storage tanks and one (1) 10,000 gallon underground diesel
storage tank on the premises at Marrett Road and Waltham Street.
Upon motion duly made and seconded, Mr. Busa abstaining, it was voted Liquor
to renew the following liquor licenses for the year 1981: Licenses
Renewals
PACKAGE GOODS STORES:
Berman's Market, Incorporated 1775 Wine & Spirit Shop, Inc.
Vinebrook Corporation Busa Bros. Liquors, Inc.
Lexington Liquor Mart, Inc
RESTAURANTS:
Bora-Bora, Inc.
LeBellecour
INNHOLDER:
Sheraton -Lexington Motor Inn
Peking Gardens
Yangtze River Restaurant
CLUBS:
Lexington Golf Club Lexington Lodge #2204 Elks
Knights of Columbus Council No. 94
Upon motion duly made and seconded, it was voted to renew the Entertain- Enter-
ment License for the Sheraton -Lexington Motor Inn for the year 1981. tainment
License
Upon motion duly made and seconded, it was voted to approve the
minutes of Selectmen's Meetings of August 18, 1980 (open and Executive
Session)and Executive`Session of September 8, 1980 (as corrected).
Minutes
Traffic
Safety
CATV
Auctioneer
License
Boston
Edison
N. E. Tel
Tel.
Boston
Edison
Revenue
Sharing
H.R. 7112
- 2 -
Upon motion duly made and seconded, it was voted to request the recom-
mendations of the Traffic Safety Committee relative to complaints from citi-
zens on safety problems on Bow Street,.Walnut Street and Lawrence Lane.
Upon motion duly made and seconded, Mr. Kent abstaining,.it was voted
to close the CATV hearings on December 1, 1980 at 4:30 p.m.
Upon motion duly made and seconded, it was voted to approve the issuance
of an Auctioneer License for one day, December 4, 1980, to Robert J. Virtue.
Chairman Miley opened the hearings on the petition of the Boston Edison
to install 8 feet of conduit in Walnut Street'and 54 feet of conduit in Con-
cord Avenue. Notices of the hearings were sent to the abutters. Mr. Robert
Malis addressed the Board explaining the necessity for the conduit.
The Chairman read the report from the Director of Public Works/Eningeering
which recommended approval of the requests.
Upon motion duly made and seconded, it was voted to approve the petition
of the Boston Edison Company for permission to install 8 feet of conduit in
Walnut Street, southerly, approximately 1,230 feet southwest of Concord
Avenue.
Upon motion duly made and seconded, it was voted to approve the petition
of the Boston Edison Company for permission to install 54 feet of conduit in
Concord Avenue, southwesterly, approximately 1,725 feet southeast of Chad-
bourne Road.
Hearing was opened on the petition of the Boston Edison for the reloca-
tion of pole 110/12 in Walnut Street.
Notices were sent to the abutters.
Mr. Malis explained that the work was necessary to clear driveway of
new house.
Upon motion duly made and seconded, it was voted to approve the petition
of the Boston Edison Company for permission to relocate pole 110/12 in
Walnut Street.
& Hearing was opened on the petition of the Boston Edison and N. E.
Telephone & Telegraph Company for joint pole location on Washington Street.
Notices were sent to the abutters.
Mr. Robert Boudreau represented the Telephone Company and Mr. Robert
Malis represented the Boston Edison.
It was explained that the proposed pole was needed as owner of new home
requested removal of wires across property, consequently said pole was needed
to properly service several other customers.
Upon motion duly made and seconded, Mr. Crain abstaining, it was voted
to approve the petition of the Boston Edison Company and the N. E. Telephone
Company for a joint pole location on Washington Street, one pole 108/1A.
The Chairman declared the hearings closed and Mr. Malis and Mr. Boudreau
retired from the meeting.
The Manager informed the Board that he had received a letter from Rep.
Shannon stating that H.R. 7112, General Revenue Sharing bill, had been passed
by the House of Representatives. Under the bill cities and town will be
eligible for $4.6 billion a year in revenue sharing funds for the next three
years. It also authorized $2.3 billion for state participation in revenue
sharing.
1
- 3
Selectmen's Meeting November 24, 1980
The Manager informed the Board on the following items:
The Massachusetts Firefighter's Academy will be using a vacant house Manager's
at 76 Concord Avenue for training firefighters. The house is boarded up, Items
vacant and has been vandalized. It is owned by the State and Met. State
Hospital. Training has been scheduled for November 24, 25, 28 and 29 and
all neighbors have been notified. It will be burned as part of the training.
Representative Doran has contacted the Manager and he suggested that
Rep. Doran be requested to consider filing legislation that calls for:
The abolishment of Middlesex County Government or enabling legislation
to allow towns to decide whether or not they want to participate in County
Government.
The Manager feels that the Governor's legislation relative to the META
does not provide managerial rights that are necessary to run the MBTA. He
feels that the Cohen/Barrett bill does not address binding arbitration for
the Carmen and.should be changed.
Under Chapter 41, Section 111F -- Off Duty Pay for Work Related In-
juries -- he feels that this statute has become a matter of abuse by many.
He referenced recent incident with two firefighters. It is his opinion
that if the town pays the money, it should be the one to determine the
level of incapacitation. He would like the statute amended, not to com-
promise legitimate injuries, but to provide the capacity to question the
injuries and encourage people to go back to work.
The Mass. Municipal. Association has taken a stand on Local Aid/Tax
Reform and he feels that its position of getting off the property tax and
allowing for expansion of local aid, cost constraints should be supported.
Mrs. Battin informed the Board that a meeting of over 300 selectmen,
managers and mayors and the Mass. Municipal Association was held on Satur-
day. The Tax Policy Committee, which she chaired, had been directed by
the Board of Directors to come up technical corrections to Proposition
2 1/2 to make it possible to work administratively. She stated that the
Municipal Association is trying to help the communities deal with 2 1/2
rationally and responsibly and has printed a booklet givingideas for
dealing with the problem. A long range tax reform property tax relief
proposal was adopted by the Association and legislation is going to be
filed.
Mr. Kent reopened the question of off duty pay for woxkrelated in-
juries to public employees and suggested that the Manager be authorized to
contact Sen. Rotondi and Rep. Elect Doran regarding the Board's position
in this matter. The Board agreed.
Upon motion duly made and seconded, it was voted to authorize the G.L. Ch. 14
Manager to communicate with Sen. Rotondi and Rep. elect Doran the Board's Sec. 111F
desire that a bill be filed to enable the Legislature to deal with the
question of determination of injuries of public employees under Chapter.41,
Section 111F.
The Board met with Mr. George Wadsworth, Chairman of the Appropria Appropria-
tion Committee regarding the Committee's report in the town warrant. It tion
was the opinion of the Committee that this procedure, as has been followed Committee
in the past two years, was unsatisfactory because of incomplete financial
Police
Contract
- 4
information.for:Committee members to vote on.due to the fact that._the:Se-
lectmen determined what they will request by the middle of January when
the warrant must go to be printed. They take a Committee vote before the
report goes out and then have to vote again on items possibly two or three
times more. He felt that it was unfair to ask a Committee member to vote
on specific item without knowing what, in general, the budget is going to
be.
The Board discussed the
worth that they would take it
of its decision.
The Chairman thanked Mr.
attention and he retired from
matter and the Chairman informed Mr. Wads -
under further advisement and inform him
Wadsworth for bring the matter to the Board's
the meeting.
The Manager informed the Board that he had concluded an agreement with
the police union and that the law provides that within 30 days of the sign-
ing of the contract (which has not been signed yet) and he would request
that the Board call for a special town meeting in January. He recommended
the week of January 12 for Town Meeting to pass on the contract.
Prop 2 1/2 The Board met with Town Boards and Committees and citizens of the town
Meeting to discuss the impact of Proposition 2 1/2 on the town budget.
The Manager addressed the Board and the audience and presented a pre-
liminary budget and explained that the figures were only projections and
subject to change. He explained that the immediate problem is an estimated
loss of $900,000 in revenue during the year. He suggested appropriate
measures to absorb some of the loss including cutting back on non-essential
costs and controlling overtime and delaying capital construction. He pointed
out that State and County assessments were unpredictable. He also stated
that he anticipated about a $400,000 loss in receipts area but has been made
up somewhat in the expense area because Clarke Jr. High is now paid for.
Offsetting expenses will be experienced but there is a revenue loss in the
sense of the Cherry Sheet because it is made in the expense area. He feels
that overall it will be a help.
Further reductions presented by the Manager for consideration were
the periodically closing of the East Lexington fire house based upon avail-
ability of manning, cutting of the detail rate for Itek, cutting out the
afternoon parade on Patriots day, deletion of private contractors for snow
removal, and reduction in printing of the town report, if legally possible.
He pointed out that the Board of Selectmen are the major fee setting authority
in the town including sewer, rubbish and water fees and can be adjusted to
generate revenue. He stated that based upon a 55%/45% sharing of the schools
tax, he hoped that Dr. Lawson and he would have some direction, for addi-
tional planning purposes, that they could go forward on the assumption that
if there has to be rollbacks it would be on a 55%/45% basis just for plann-
ing purposes which is subject to change. Chairman of the School Committee,
Otis Brown, said his department would like to cooperate, but he had his doubts
that it could be accomplished. Dr. Lawson, stated that the School Depart-
ment has eliminated 150 positions in the last five years and that they could
be near the "bottom of the line". Upon questioning from Mr. Crain, Dr. Lawson
stated that the student -teacher ratio hasn't changed because the eliminated
positions were mainly administrative, secretarial, payroll and accounting
positions.
1
1
- 5 -
Selectmen's Meeting November 24, 1980
The question of user fees was discussed and the Manager explained that
the proponents of Proposition 2 1/2 have pointed out that towns under utilize
the use of fees for raising revenue. He will be recommending a water, sewer
and refuse fee.
Mr. Crain asked the Manager if the schools generate some fees did he
propose that they have the management of the funds. Mr. Hutchinson stated
that, at the present time, he felt that the -municipabudget was ._in.better
shape than the school budget, and while it is a policy decision, he would
recommend sharing with the school system the benefit of all of the revenue.
Mr. Crain stated that serious consideration should be given to the
schools retaining the fees that they generate.
The Manager stated that regarding service reductions and layoffs,
reducing service would also mean reduction in help and that school was
more payroll and he did not see any layoffs due to service reductions. He
stated that he will not be recommending any substantial professional lay-
offs.
Mr. Crain stated that one of the things to be looked at is that the
span of supervision, which in good times, can be very rich but in times
like these, there is an obligation to look very critically at, not only
laying off the workers, but supervisors.
Mr. Hutchinson stated that there will be some professional and tech-
nical staff reductions but he is trying to avoid that this fiscal year.
Policy making relative to service reductions would have a bearing on the
layoffs.
Mr. Hutchinson stated that his approach to the "free cash" was to
see what cost containment can be made now to save as much as possible
and utilize the $3,000,000 "free cash" to absorb the difference.:
Mr. Crain cautioned that a reasonable to retain a "reasonable free
cash" in order to get the best rates possible in funding. He stated that
he felt that it was very fallacious to reduce the "free cash" and spend it
on long term borrowing.
The Manager stated that he felt that existing services should be cut
back now in order to make up some of the revenue loss by the excise tax.
He felt that if all the agencies could generate new fees some of the impact
of Proposition 2 1/2 can be rolled back. He expressed his concern about
the State budget situation and felt that it was time for cities and towns
look -to tax reform in the State.
Mr. Crush, Chairman of the Board of Assessors, informed the Board
that revaluation is going as scheduled and the report will be in to- the
Board and the assessors in May.
Mr. Kent asked what date the property owners would obtain the infor-
mation of what is the.valuation of their property. -
Mr. Grush stated that the impact notices that will set forth the
values for individual properties will go out about a month prior to the
completion of the contract.
Mr. Cohen informed the Board that relative to bonding, the rating
agencies have not, as yet, made a decision on what they are going to do
as far as Massachusetts municipalities is concerned. However, as for new
debt, unless there is some Legislative changes, they won't be able to have
opinions anymore which say that our bonds will be made from unlimited
- 6
taxation because it will be limited by the 2 1/2 legislation and that it
will affect the rates which: will be much higher.
Questions from the audience were answered by the Manager who stated
that all agencies were going to be asked to cut back where possible in order
to help offset the $900,000 revenue loss.
The Chairman thanked all Committee representatives and others in
attendance for taking part in the meeting and resumed the rest of the Select-
men's meeting.
The Manager requested the Board to discuss :his suggested cutbacks and
stated that more information would be needed on the East Lexington Fire
House recommendation and requested direction on the snow removal suggestion.
He stated that he had received no objections from Chief Corr or Chief
Bergeron. This referred only to pick-up in the center.
Snow Removal Upon motion duly made and seconded, it was voted to authorize the
Center Manager to delete the services of private contractors for snow removal in
the center.
Police The Board discussed the Manager's suggestion to cut out the police
Itek detail at Itek.
Mr. Kent stated that he was reluctant to vote on this without first
sending notification to Itek.
Chief Corr suggested that Itek be notified that the detail was going
to be cut out by the town, but if they wanted to pay for it it could con-
tinue.
Town Report
The Manager is to notify Itek that this police detail would be cut
out unless .they wanted to pay for it and is to report back to the Board on
December 8.
Reduction in the printing of the town report was discussed and the
Manager is to come back to-the'$b&rd at the Dec er'8'meeting with infor-
mation as to how far, legally, it can be cut back.
Patriots' The Patriots' Day parades were discussed and Mr. Crain suggested com-
Day bining the youth parade with the afternoon parade as :.a means of cutting
expenses. It was the feeling of the Board that some means of providing
pleasure for citizens should be retained, if possible, during this time.
Mr. Kent felt that the youth parade in the morning was a tradition and that
the Town Celebrations Committee should be consulted about it and that per-
haps the Committee could come up with suggestions of cutting back on the
afternoon parade without cutting it out altogether.
The Manager suggested that at the next meeting public works projects
be discussed to see where delays can be implemented.
The Chairman declared the meeting adjourned at 10:30 p.m.
A true record, Attest:
Executive Clerk
1
1
1
SELECTMEN'S MEETING
December 8, 1980
A regular meeting of the Board of Selectmen was held'in the Select-
men's Meeting Room, Town Office Building, on Monday, December 8, 1980 at
7:30 P.M. Chairman Miley, Mr. Buse, Mrs. Battin, Mr. Kent and Mr. Crain;
Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Mrs. Banks, Assist-
ant to the Town Manager and Miss Casey Executive Clerk were present.
The Chairman convened the meeting and called upon Mr. Louis Zehner, Treasurer
Town Treasurer, who requested the Board's approval to borrow $236,000
for payment on sewer construction and conservation purchases. He recom-
mended that the awards be made to the low bidder, Shawmut County Bank at
an interest rate of 7.75%.
Upon motion duly made and seconded, it was voted to approve the
recommendation of the Town Treasurer to borrow $100,000 for payment on
sewer construction from Shawmut County Bank of Cambridge at 7.75% and
$136,000 for conservation purchases from Shawmut County Bank of Cambridge
at 7.75%. Bond anticipation loans dated December 12, 1980 and are due
June 16, 1981.
Mr. James Russell of Arthur Andersen & Co. met with the Board to Audit
report on the annual audit.
Mr. Russell stated that in 1980, as in previous years, there are
basically three products of the audit (1) a set of financial statements
as of June 30 with an auditor's report as to the fairness of presentation
of the account balances, (2) continuation of a practice that was started
in 1979 of providing a two page topical outline that summarizesusignifi-
cant observations that might be derived from a review of the financial
statements of the Town, (3) a management letter outlining suggestions for
improvements in controls in procedures etc.
He stated that the auditor's report, which is the one page financial
statement that his firm gets (basically the town's) has two qualifications
as in previous years and is typical of many cities and town in the Com-
monwealth dealing with the funding of the pension costs on an actuarial
basis. The Town is one of 21 towns in the Commonwealth that has provided
supplemental funds, but it still falls short of what one was providing if
spreading the pension cost over the useful life of the individual's em-
ployment. The second point referenced was the failure to -include fixed assets
of the Town in its books of accounts or financial statements. He stated
that these qualifications are fairly typical of a city or town with the
Commonwealth of Massachusetts.
Mr. Russell stated that the format of the financial statement are
comparable to previous years, with minor modifications, and comparable to
reporting that will be required as of July 1, 1981 under the new Massa-
chusetts Statute Accounting System. This is a forerunner of reports that
will be received starting in fiscal 1982. He stated that statistics and
ratios indicates that Lexington makes good use of its economic resources.
He explained that the management letter was a by-product of the
:),1,11°
N. E. Tel.
Boston
Edison
Marrett Rd.
Lex. Com-
munity
Health
Committee
- 2 -
audit process and summarizes the observations that were derived at as the
result of testing procedures and controls, departmental visits that were
made during the course of the audit and results of review of account bal-
ances.
After a brief discussion of the report, the Chairman thanked
Mr. Russell for his presentation.
Mr. Russell expressed his appreciation to Mr. Hutchinson, Mr. Zehner
and Mr. Perry for their cooperation and assistance during the audit pro-
cess and retired from the meeting.
The Chairman read a request from the N. E. Tel. & Tel. and Boston Edi-
son for permission to install 16 ft. of conduit in Marrett Road.
Mr. Boudreau of the Telephone Company was present and Mr. Kelley rep-
resented the Boston Edison.
The Chairman read a recommendation from the Department of Public Works
stating that it was a public hearing and that notices had been sent to all
abutters. The recommendation approved installation of the conduit, which
is necessary to service a new subdivision on Malt Lane. The connection must
be made from a joint owned pole on Marrett Road.
Upon motion duly made and seconded, it was voted to approve the request
of the N. E. Telephone & Telegraph Company and the Boston Edison Company for
permission to install 16 feel of conduit in Marrett Road to service a new
subdivision in Malt Lane.
The Board met with Mr. William R. Page and Mr. Jacob B. Gardner of the
Lexington Community Health Committee relative to its request to amend the
charge to the Committee.
Mr. Page and Mr. Gardner gave a brief presentation of what the Committee
is doing now and why the request was being made.
Upon motion duly made and seconded, it was voted to grant the request
of the Lexington Community Health Committee to amend the wording Charge A
and Charge B. The amended charge to the Committee is as follows:
1. It was agreed by the Board that it would be a Committee of
five people reporting, for the time being, to the Board of
Selectmen.
2. It is to be charged with the following assignments:
A. To participate, with Human Services Committee in draw-
ing up a charter for a permanent community health com-
mittee, structured appropriately under the Human Ser-
vices Committee umbrella.
B. Collect information on medical and other health services
available to the citizens and as reviewed with the Board
of Health at its June 18 meeting, and publicize informa-
tion on these services.
C. 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 as endorsed
by the American Association of Retired Person Executive
Committee, the Lexington Council on Aging and The Health
Legislation Sub -Committee of the Lexington Forum on Aging.
1
Selectmen's Meeting December 8, 1980
The Board met with Mrs. Kate Fricker, Chairman of the Recycling
Committee relative to the draft proposal submitted by the Committee.
Mr. Busa stated that he supported the concept of the recycling, but
brought up the question of liability of the Town in regard to those who
would be working on this project at the landfill on a voluntary basis.
Mr. Hutchinson stated that the liability does exist and that the
Town would absorb it.
Mrs. Fricker suggested that in other towns such as Acton these volun-
teers are covered under the town's liability policy.
Mr. Kent felt that this was a serious matter and that information as
to whether or not coverage is provided; by the Town's liability policy should
be obtained before any further action is taken on the matter.
Mr. Hutchinson is to have a report at the next meeting.
The Chairman thanked Mrs. Fricker and the Committee and they retired
from the meeting.
Recycling
Committee
Upon motion duly made and seconded, it was voted to grant the request
of the Sheraton -Lexington Inn for an extension of hours under its liquor
license to 1:00 a.m. on New Year's Eve.
Upon motion duly made and seconded, it was voted to sign the renewal
Common Victualler Licenses for the following:
Sheraton -Lexington Motor Inn
Lexington House of Pizza
Mario's Restaurant
Yangtze River Restaurant
Chadwick's
Baskin Robbins Store #1723
Lexington Golf Club
Bora-Bora, Inc.
Upon motion duly made and seconded, it was voted to sign the Enter-
tainment License for 1981 for the Sheraton -Lexington Inn.
Upon motion duly made and seconded, it was voted to grant the re-
quest of the Lexington Council ##94 Knights of Columbus for an extension of
hours under its liquor license to 1:00 a.m. on New Year's Eve. An exten-
sion of hours to 2:00 a.m. was requested but denied.
Upon motion duly made and seconded, it was voted to accept the resig-
nation of Arthur C. Smith from the School Sites Conversion Committee
Upon motion duly made and seconded, it was voted to approve the
minutes of the Selectmen's Meeting of September 15.
The Board discussed the list of recommended F.Y. 1982 streets.
Mr. Busa brought up the question of the Manager's intention to cut
back on construction costs due to the financial:_constraints of Proposi-
tion 2 1/2. He pointed out that some of the streets may have been voted
by last year's Town Meeting and felt that these should be dealt with be-
fore dealing with new construction. Mr. Kent felt that all the streets
in question should be considered before any decision was made.
Sheraton
Liquor
License
Common
Vic. Rens.
Entertain-
ment Lic.
Knights of
Columbus
Liq. Lic.
Resimi
Scchooles Comon
Minutes
Streets
F.Y. '82
CATV
- 4
It was also pointed out that sub -division streets could be voted on as they
did not cost the town any funding. It was decided to table the matter.
Upon motion duly made and seconded, it was voted to table the vote
of the intent to lay out streets recommended for F.Y. 1982.
The Board met with the CATV Committee regarding the issuance of a
CATV license.
Mr. Busa, the Selectmen's representative, on the CATV Committee addressed
the Board and extended appreciation to Mr. Page and the rest of the Committee
for eight years of study and work in compiling statistics to complete the pro-
posals now before the Board.
Mr. Page presented the Committee's evaluation which represented the con-
sensus of the Committee that several excellent proposals were submitted. The
Committee recommended that the Board vote to proceed with the issuance of
a provisional license. He cautioned that issuance of the license would im-
pose an obligation on the leadership of the. Town to devote time and energy
to getting effective local use out of the system. IC was made clear to the
applicants that local use was a primary consideration in Lexington. He
stated that they have responded positively to this in their proposals.
Mr. Page pointed out that if the Board goes ahead with the issuance of the
license the ball is in the Town's court and that two-way CATV is a very
powerful medium and could enhance the quality of life in Lexington.
The Chairman stated that the hearings for CATV closed on December 1
and any material submitted to the Board after that could not be considered.
Mr. Kent'..left_the room while deliberations and.voting.was conducted''
Upon motion duly made and seconded, it was voted to accept the report
of the .CATV :Advisory Committee.
Upon motion duly made and seconded, it was voted to award a provisional
license for CATV in Lexington.
Upon motion duly made and seconded, it was voted to award a provisional
license to Adams -Russell Company, Inc. to provide CATV in the Town of Lexington.
Upon motion duly made and seconded, it was voted to appoint Mr.Busa
and Mr. Crain a committee of two, to. draw up the public statement of the
Board of Selectmen containing in detail the reasons for the approval or
denial of each application for a license to construct and operate a cable
television system in Lexington.
Dog Hearing The Board discussed the minutes of the Broussard/Sussman dog hearing
Broussard/ held December 3, 1980.
Sussman Upon motion duly made and seconded, it was voted to notify Mr. Martin
Sussman that the Board of Selectmen has determined that the dog is a
nuisance by reason of running loose in violation of the Lexington Lea Law
and orders:
"That this dog be removed from the legal boundaries of the Town of Lex-
ington within fifteen (15): days., If at the end of the fifteen days the dog
is not removed, it will be picked up by the Animal Control Officer and be
under his jurisdiction.
1
- 5
Selectmen's Meeting December 8, 1981
The Board met with the Planning Board and the Conservation Commis- Planning Bd.
sion relative to what measures will be taken to offset the impact of Conservation
Proposition 2 1/2 in the acquisition of land.by the Conservation Commis- Commission
sion and its use and growth by the Planning Board.
The possibility of a building moratorium was discussed and Mr. Hut-
chinson stated that asking the town to absorb the cost of additional sewer
and water services generated by new development is,.unrealistic under 2 1/2
restrictions and he would consider a building moratorium. He felt that
the anti -growth consequences that many believe are indicated by the impact
of 2 1/2 were not the original intention of the statute.
Planning Board Chairman, Iris Wheaton questioned type of building that
would be affected by the moratorium - commercial, residential or low and
moderate income housing.
Mrs. Battin stressed that this was just a discussion and not a final
determination of the issue. She felt that the position paper developed by
Planning Director- Bowyer, attempting to explain the consequences 2 1/2
might have on the town's decision to rezone land made sense. However, the
planning board had refused to adopt the statement at its meeting last week.
Mr. Cohen pointed out that for the 1981 Town Meeting probably only
judgments will be made as in the past. He stated that a developer can't
be prevented from presenting an article.
Mrs. Laura Nichols of the Planning Board stataduthat its housing
commitment must be considered.
David Williams,,Chairman of the Conservation Commission, informed the
Board that his committee is preparing to raise fees for those applying for
wetland protection hearings under the local wetland bylaws. He suggested
that the Selectmen become involved in the disposition of land on the Metro-
politan State Hospital property of which ninety-six acres is located in
Lexington. He stated that much of the land is leased for farming and the re-
mainder is low and wet.
Mr. Kent stated that he felt that two separate issues were being dis-
cussed -- one the question of rezoning which he felt Town Meeting was per-
fectly free not to pass any rezoning if they did not want to. The second
issue was the building moratorium he felt that more information was needed
as to the constitutional limitations before it could be discussed intell-
igently.
The Chairman thanked the Planning Board and Conservation Commission
members for their input and they retired from the meeting.
The Manager informed the Board that the Transportation Committee had
recommended cutting out the two busses that run from 6:30 to 7:00 p.m. on
LEXPRESS at a savings of $2,200.
Upon motion duly made and seconded, it was voted to authorize the
Transportation Committee to cut out the two busses that run from 6:30 to
7:00 p.m.
The Chairman called on Mrs. Jacquelyn Smith, Chairman of the Hanscom
Field Advisory Committee. She addressed the Board and stated that in the
Spring the Legislature had passed legislation under Chapter 290 establish-
ing the Hanscom Field Advisory Commission at Laurence G. Hanscom Field.
This gives permanence to the group that is now in place of the four -town
regional advisory committee through the boards of selectmen. She referred
the_Board to its copy of a list of persons recommended by the Committee
LEXPRESS
Hanscom
Field
Advisory
Commission
D
Town Report
- 6 -
for membership on the new committee. She pointed out that the names of
many people on the original committee were recommended because of the in-
volvement of the committee in the 18 month review period on the noise rules
at Hanscom Field. The Committee felt that continuity was important on the
committee during that period. She pointed out that the staggered terms_.that
are part of the new legislation will allow for a more orderly transition to
new people. She informed the Board that Massport agreed to take care of the
clerical and mailing expenses and is putting on a staff person who will be
overseeing the Noise Rule at Hanscom and will work closely with the committee
giving assistance with statistical matters.
Upon motion duly made and seconded, it was voted to appoint Mrs.
Jacquelyn Smith as Lexington's designee to the newly formed Hanscom Field
Advisory Commission.
The Chairman thanked Mrs. Smith for all the work and time she has put
into the Committee in the past and her willingness to continue to serve the
town. Mrs. Smith retired from the meeting.
The Manager referred the Board to its copy of a recommendation from
the Town Report Committee in response to the constraints of Proposition 2 1/2.
The Committee suggested the elimination of all non-essential text and pages
possible (2) publication of only one edition -- combined Parts I & II, and
(3) Publication of only 1500 copies discontinuing the practice of Town -
wide distribution.
Upon. motion duly made and seconded, it was voted to accept the recom-
mendations of the Town Report Committee for the publication on only one
edition combining Parts I & II, elimination of all non-essential text and
pages and discontinuance of the practice of Town -wide distribution.
E. Lexington The Manager reported to the Board that he had contacted ISO and could
Fire not get a formal response from them relative to the Board's questions re -
Station garding the Fire Department Overtime in relation to the closing of the
East Lexington Fi're_st3tdon.. He stated that it would be unlikely that there
would be any insurance changes for residences or'businesses unless the ex-
perience changed dramatically.
Mr. Busa asked :if the .E..'_Lexington::station was closed down and bring-
ing the personnel to headquarters would this not mean that one less piece
of equipment would be available in case of a fire.
The Manager replied that it would mean that an engine would be taken
out of service. He stated that the minimum is 12. He also stated that
the Town can now bargain by piece as to what was a reasonable amount of
manpower to have on a piece of equipment. He stated that this enabled the
Town to make cost decisions of this type and it was decided to have three
men to an engine.
Chief Bergeron stated that with this set-up and putting all of the
people in the headquarters, it gives more flexibility as to which pieces
will be manned.
The Manager stated that he was not recommending, at this time, that
the firestation be closed, but right now there is a fiscal problem dealing
with overtime. He said that it was a legitimate aiternate.going.below
minimum to man the main firehouse and gives the option of saving possibly::
$20,000.
Mr. Kent felt that the Board was making basic fundamental decisions
about the make-up and operation of the Lexington Fire Department by taking
this step. He felt that it was a matter of concern and legitimate par-
- 7 -
l
Selectmen's Meeting December 8, 1980
ticipation of the citizens through the Town Meeting process. He also ex-
pressed concern that cuts were being made on an item by item basis.with-
outscomparisons.
The Manager said that he understood his concerns, but that he felt
that each day a decision was delayed meant spending more money. He said
he understood the problem about the level of service to the community,
but felt that no group should be considered exempt from considering cuts.
Mr. Crain stated that the frustration is that a budget was built
and a piece of legislation was passed that carves that budget in a very
serious way. It presents a difficult management problem and if cuts are
not made now people will have to be laid off and he felt that he didn't
want any part of that this time around.
Mr. Smith, Town Meeting Member, -who lives on the other side of the
E. Lexington firehouse asked how long it takes to get from the Center
firehouse to the E. Lexington firehouse and what proportion of time is
it expected that manning would go below the minimum.
Chief Bergeron stated that it takes approximately 2 1/2 to 3 minutes
from the Center firehouse to E. Lexington depending on weather, traffic
and what i.is. perceived to be the seriousness of the call. It is ex-
pected to go below the 12 almost every shift in December primarily because
of longevity vacations. That brings it down to bare minimum and then
there are injuries and illness that have to be considered. Again in June,
because of vacations, there would be a manpower shortage. The Chief
also pointed out that of the 12 men of the 15 man shift, there is one
non -firefighting position, the dispatcher, who is actually one of the 15.
It was decided to table the matter until further information is
available.
Upon motion duly made and seconded, it was voted to table the
recommendation of the Town Manager to close the E. Lexington Firehouse
periodically until further information is available.
Other rollback items suggested by the Manager were discussed and
the following votes were taken:
Upon motion duly made and seconded, it was voted to cutout the Police
police detail at Itek. Itek
Upon motion duly made and seconded, it was voted to table the DPW
Manager's request for DPW cuts relative to Rockville, Kendall, Adams Cuts
and North Streets, sidewalk construction, Westview Cemetery Development
and holding back on the Sanitary Sewer Program with certain exceptions.
Upon motion duly made and seconded, it was voted cut back, ef-
fective immediately, on Mystic Valley Mental Health Center Association,
Inc. and recommending zero funding next year.
Mystic Valley
A tentative date of January 26, 1981 was set for Town Meeting. Town Meeting
- 8 -
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 for the purpose of discussing a:matter .of.,
litigation with no.intention of resuming the open 'session.
Upon motion duly made and seconded, it was voted to adjourn at
11:15 p.m.
A true record, Attest:
Executive Clerk ("7
53
Cyd
SELECTMEN'S MEETING
December 22, 1980
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, December 22, 1980 at 7:30 p.m.
Chairman Miley, Mr. Busa, Mrs. Battin, Mr. Kent, and Mr. Crain; Mr. Hutchin-
son, Town Manager; Mrs. Banks, Assistant to the Town Manager; Mr. Cohen,
Town Counsel; Miss Casey, Executive Clerk, were present.
The Chairman read a request from the Acting Chairman of the Traffic Stop Sign
Safety Committee requesting the pleasure of the Board relative to present- Kendall/
ing a request for a STOP sign at Kendall and Marrett Roads. Marrett
Upon motion duly made and seconded, it was voted to request the recom-
mendations of the Traffic Safety Committee relative to the request of
Lawrence E. Labadini for a STOP sign at Kendall Road at Marrett Road.
The Chairman read a request from the Lexington Housing Authority for Lexington
the Board's support df its application for housing assistance under Section Housing
8 Section 8
Upon motion duly made and seconded, it was voted to support the Lexing-
ton Housing Authority's application for housing assistance under Section 8.
The Chairman read the list of applications for license renewals for Common
the year 1981. Victualler
Upon motion duly made and seconded, it was voted to renew Common Licenses
Victualler Licenses for the following:
Pine Meadows Country Club, Friendly Ice Cream Corp. (1060 Waltham
St.), Lexington Enterprises, Inc. d/b/as Peking Gardens, Muffin
House of Lexington d/b/as Pewter Pot, Gracie's Restaurant, Inc.
d/b/as Gracies, Bernie & Claude Donuts, Inc. d/b/as Dunkin Donuts,
Mang Corporation d/b/as Kentucky Fried Chicken, Berkhout Corp.
d/b/as LeBellecour, Marno's Inc. d/b/as Arno's, Howard Johnson's,
Alexias Panagiatou d/b/as Alexander's Pizza, Denny's Establishment,
Daman Enterprises, Inc. d/b/as Bel Canto Restaurant, Bellino's
Bakery, Inc.., Brigham's, A Division of Jewel Cos., Inc. (Mass.
Avenue), Louis J. Carbonaro d/b/as Brigham's (Bedford Street)
Friendly Ice Cream Corp. (Bedford Street), Ruth Benoit d/b/as The Kitchen.
Upon motion duly made and seconded, it was voted to renew Innkeeper Innkeeper
Licenses for the following: Licenses
WHH Company d/b/as Battle Green Inn, Lexington Wild Acre Inn.
Lexington Chalet, Inc.
Upon motion duly made and seconded, it was voted to renew Common Common
Carrier Licenses as follows: Carrier
Bedford Local Transit, John E. Osborn d/b/as Colonial Tours. Licenses
1
- 2 -
Common Car- The Chairman read a request for a Common Carrier License from Dee Bus
rier Lic. Service of W. Concord to provide commuter service for Lincoln Lab. employees.
The route as follows: proceeding into the Town of Lexington on Massachusetts
Avenue (Route 2A) to the access road of Hanscom Air Force Base to the Massa-
chusetts Institute of Technology's Lincoln Laboratory Facility, where the
route shall terminate for the pick up and discharge of passengers.
Upon motion duly made and seconded, it was voted to approve the appli-
cation of the Dee Bus Service for a Common Carrier License to provide com-
muter service for Lincoln Lab. employees along the route specified.
Auctioneer The Chairman read a request for an Auctioneer License from Jennett
License Mael, 67 Fottler Avenue.
Upon motion duly made and seconded, it was voted to approve the request
of Jennett Mael, 67 Fottler Avenue for an Auctioneer License.
CATV Com. The Chairman read a notification from the Town Clerk that the resigna-
Resignation tion of Sandra Small from the CATV Committee was filed in the office of the
Town Clerk on December 11.
Upon motion duly made and seconded, it was voted to accept the resigna-
tion of Sandra Small from the CATV Committee.
STOP Signs The Chairman read a recommendation from the Traffic Safety Committee
Kendall Rd./for the installation of a STOP sign at Kendall and Marrett Roads.
Marrett Rd. Upon motion duly made and seconded, it was voted to approve the recom-
mendation of the Traffic Safety Committee for the installation of a STOP
sign at Kendall Road, southwestbound at Marrett Road and Kendall Road
northeastbound at Marrett Road.
STOP Sign The Chairman read a recommendation from the Traffic Safety Committee
Walnut St./ for the installation of a STOP sign at Walnut Street and Concord Avenue.
Concord Ave. Upon motion duly made and seconded, it was voted to approve the recom-
mendation of the Traffic Safety Committee for the installation of a STOP
sign at Walnut Street, northbound at Concord Avenue.
CATV The Board discussed the public statement on CATV issued by the Board
jPublic in compliance with the licensing regulations of the Massachusetts Community
Statement Antenna Television Commission (207 CMR 3.04 (2).
The statement incorporated the information that the Board of Selectmen
at its December 8, 1980 meeting voted to approve the application of the
Adams -Russell Company and to deny the applications of Continental Cable-
vision, Greater Boston/Colony, Rollins Cablevision and Sammons Communica-
tions of Massachusetts for a license to construct and operate a cable tele-
vision system in Lexington, stating reasons for approval or denial of each
applicant.
Upon motion duly made and seconded, it was voted 4-0, Mr. Kenttab-
staining, to stgn the public statement of the Board of Selectmen relative
to applications -received for a license to construct and operate a cab],e
television system in Lexington.
1
'S5
Selectmen's Meeting December 22, 1980
The Chairman read a request from St. Brigid's Parish for a One Day One Day
Liquor License for New Year's Eve Party. Liquor
Upon motion duly made and seconded, it was voted to issue a One Day License
Liquor License to St. Brigid's Parish for December 31, 1980.
After a'brief discussion, the Board decided to table the following
items:
A'pptsintmes to the Traffic Safety Committee Tabled
Policies and Procedures Items
Request for membership on Middlesex Turnpike Improvement Committee
submitted by Fred Friedman
The Board discussed the rules and regulations for burglar and fire Burglar
alarms. Mr. Cohen explained to the Board that these rules and regula- & Fire
tions were never formally adopted because we were waiting for the approval Alarm
of the Attorney General of the By -Law. Regs.
Mr. Crain requested that item 4-G be clarified to be more specific
relative to the stipulation that the superintendent be advised if there
has been maintenance to the system. It was agreed by the Board that item
4-G should contain the additional wording "on a form to be furnished the
user by the Department Head".
Upon motion duly made and seconded, it was voted to adopt the rules
and regulations for burglar and fire alarms as follows:
Pursuant to Section 28 of Article XXV of the General By -Laws of the
Town of Lexington. The following Rules and Regulations for Burglar and
Fire Alarms are hereby adopted, effective September 14, 1980:
1. No alarm device shall be installed for connection so as to dial
the Fire and/or Police Department unless a permit has first been obtained.
Devices in existence at the time of the by-law enactment have 60 days to
comply.
2. The fee for a permit will be $20.00. Permits may be obtained
from the Chief of either the Fire or Police Departments after an applica-
tion has been filed and approved.
3.. All installations will be inspected and tested prior to the permit
being validated. Upon validation the installation may be connected.
4. All devices shall::meet.:the following mequirnts:l
A) Devices may dial only a special unlisted telephone number for
this purpose or be connected to terminal equipment supplied to
the Town by an alarm company.
B) Devices shall be F.G.C. registered for telephone intercon-
nection.
C) Devices shall have llgilt ,ng surge protection.
D) Devices shall not activate on account of Boston Edison power
interruptions.
E) Voice message shall not exceed 15 seconds in duration and
shall contain a coded number as issued on the permit as a loca-
tion identifier.
F) Devices shall not dial more than twice for the sam alarm.
G) Equipment shall be serviced by a competent serviceman at
least once every two years. Report of such service shall be made
to the Department Head on a form to be furnished the user by the
Department Head.
- 4 -
H) Installers will provide instructions in writing to the user on
how to prevent false alarms.
5. Any device failing to meet the above specifications or which causes
an undue number of false alarms must be disconnected upon order of the De-
partment Head.
6. All installations completed after the effective date of these regu-
lations shall access the Police and/or Fire Departments only with signals
on encoded in digital form in a format compatible with departmental receiv-
ing equipment.
Hartwell The Board met with Mr. Tonaszuck, Mr. Hanlon and Mr. Chalpin to discuss
Ave., the Engineering Traffic Report on Hartwell Avenue requested by the Board.
(Traffic The area covered in the report included the area west of Route 128 to the
jReport Bedford/Lincoln town line from Bedford Street (Routes 4 and 225) on the north
to Marrett Road (Route 2A) on the south. The report indicated that much of
the commercial -industrial development in Lexington since 1950 has occurred
in the area west of Route 128 resulting in the present traffic problems.
It was recommended that a system of car pooling be initiated by the major com-
panies in the area, not only among their own employees, but between companies.
It was also recommended that a system of staggered work hours be initiated by
the companies to be coordinated by the Town. The report further recommended
that existing traffic details be maintained, additional detail be added at
the intersection of Marrett Road and Massachusetts Avenue, the cost of these
details to be borne by the companies affected. These efforts could reduce
the traffic problems in the area on a short-term basis at no cost to the
Town. The long-term solutions to the traffic problem were dealt with in the
report and it was recommended that the Town pursue with the appropriate
State and Federal agencies the recommended improvements to the major road-
ways in the area.
The Chairman thanked Mr. Tonaszuck, Mr. Hanlon and Mr. Chalpin for the
presentation and they retired from the meeting.
Center Re- The Center Revitalization Committee met with the Board to present its
vitalize- report relative to the parking problem in the center.
tion Comm. Mrs. Battin, Chairman of the Committee introduced the members present:
Mr. Robert Sacco, Mr. Joseph Trani, Mr. Thomas Dyer, Mrs. Laura Nichols,
Mr. Karsten Sorensen. Unable to be present were Mr. Christopher Venier,
Mr. Bernard DeKant and Mrs. Jacquelyn Smith. Mr. Robert Bowyer, Planning
Director, who prepared the report was present also.
Mrs. Battin explained that the Committee had delayed the complete plan
which was due in December until after the economic analysis be the MAPC
which will not take place until March.
Mrs. Battin described the committee's work to date 1) A listing of all
the problems in the Center brought to the committee's attention 2) Analysis
of all previous Center studies, much of which is still relevant 3) The prepa-
ration of a Center parking plan which addresses current center parking prob-
lems. Mrs. Battin briefly---_ summarized the issues, particularly the conflict
between the parking needs of employees and all day parking and of customers/
clients for short term turnover parking. She described the committee's policy
recommendations.
The use of the money from the parking funds was discussed and it
was agreed that the Manager will investigate the areas of possible distri-
bution and discuss it with department heads such as th e ptr1toe chief. He
will report back to the Board by February 15.
- 5
Selectmen's Meeting December 22, 1980
Mrs. Battin requested the Board to accept the report and adopt the
eight policies as presented. The 1981-82 action steps outlined to be
referred to the Manager for review for cost and timing,_a work plan and
time table.
Mrs. Miley explained that the policy of the Board was to accept the
reports of committees and then at a later date discuss it and adopt if
so agreed. She stated that a place on the Warrant could be reserved for
it. The Board agreed and felt that copies should be made available for
people who live in the Center area.
The Chairman thanked the Committee again and they retired from the
meeting.
The Manager requested the authorization of the Board for permission
to extend the existing sewer line on Hartwell Avenue requested by Dupree
Associates, Inc.
Upon motion duly made and seconded, it was voted to grant permission
to Dupree Associates, Inc. to extend the existing sewer line on Hartwell
Avenue to serve the proposed building at 131 Hartwell Avenue, known as the
Kiln Brook III Office Park, expenses to be borne. by Dupree Associates.
)5'7
Sewer Line
Dupree Assoc.
The Board discussed the request of the Knights of Columbus to purchase
a portion of land to the rear of the D.P.W. premises on Bedford Street.
The Manager recommended that the request be denied. Mr. Busa stated that
he felt that some time in the future they might come back and request to
least the property and that this option should be left open.
The Manager is to respond to the request so wording his letter that
the option is open to the Knights of Columbus to come back to the Board
if they wish to try to pursuade the Board to sell or if they wish to
discuss possible leasing of the property.
The question of traffic detail at the Honeywell office was discussed.
Chief Corr has raised objections to the use of Honeywell employees for
private traffic detail. The Manager supported his objections.
Mr. Kent pointed out that if the Town is going to request the indus-
tries requiring special traffic detail to pay for it themselves, the Board
should look carefully at the possibility of arranging for appointment of
Special Police Officers who are qualified. He stated that if the indus-
tries feel that their employees can do the work less expensively than pay-
ing for a Lexington Police detail the possibility of these appointments
should be considered by the Board.
The Manager suggested that a note be sent to Honeywell now stating
that the Town will provide the additional manning. He feels that this
matter. - should be a part of the whole traffic discussion because of
the fact that other firms may want to tie into this. He pointed out that
that there liability problems that will have to be investigated also.
The Manager briefed the Board relative to the request of Representa-
tive Doran for office space in the Town Office Building. After discussion,
•
Knights of
Columbus
Land
Bedford St.
Special
Police
Honeywell
Rep. Doran
J
- 6 -
it was agreed that the Manager and_the Chairman will discuss.the matter with
Mr. Doran. -
Upon motion duly made and seconded, it was voted to table the request of
Representative Doran for office space in the Town Office Building.
Standpipe The Manager informed the Board that he had a request from the Town En -
"Hatch gineer for authorization from the Board for an additional sum of $450.00
Hinge" under Contract #81-3-E - Standpipe Painting for the installation of a new
"Hatch Hinge" on the 1.2 million gallon steel standpipe.
Upon motion duly made and seconded, it was voted to approve the request
of the Town Engineer for an additional $450.00 under Contract #81-3-E
Standpipe Painting for the installation of a "Hatch Hinge" on the 1.2
million gallon steel standpipe.
Budget The Board discussed the cutbacks recommended by the Manager for FY 81.
Cutbacks Upon motion duly made and seconded, it was voted to table the decision
on Town Celebrations and Fire Department overtime.
Upon motion duly made and seconded, it was voted to delete Article 17,
Kendall Road; Article 28, Rockville Avenue; Article 22, Sidewalks; Article 26,
Westview Cemetery Development.
Upon motion duly made and seconded, it was voted to approve the cut-
backs for #1760, Town Report; 3310, Mystic Valley; #3800, Police (Itek
detail); #5500 Snow Removal; #7550, Library, LEXPRESS.
Upon motion duly made and seconded, it was voted eliminate Article 26,
('79) Westview Addition from the recommended cutbacks.
Budget The Manager reviewed his proposed budget and pointed out that the
Review passage of Proposition 2 1/2 necessitated cutting back and cutting out of
many requests. He suggested that all future sidewalk and drain construc-
tion be deferred at this time and that no hearings be held until a better
assessment of the financial picture is available. He also suggested a
revision in user fees to generate more revenue. Mr. Hutchinson requested
authorization to cancel street hearings that the D.P.W. has scheduled for
January until a better idea of the money situation..,
Upon motion duly made and seconded, it was voted to authorize the
Manager to notify the D.P.W. to cancel the street hearings that involved
construction.
Special Town The Manager informed the Board that the police contract had been exe-
Meeting cuted and asked that January 26 be the date for the Special Town Meeting.
Upon motion duly made and seconded, it was voted to set the date of
January 26, 1981 as the Special Town Meeting. and the closing date for the
submission of articles be December 29, 1980.
Order of Town Counsel requested the Board's signature.for,.the Order of Taking
Taking of the Trinity Covenant Church property.
Trinity Upon motion duly made and seconded, it was voted to sign the Order of
Covenant Taking for the .acquisition �foconservation land voted by the-1980:Annual
Town Meeting.
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Selectmen's Meeting December 22, 1980
Upon motion duly made and seconded, it was voted by roll call vote Executive
5-0, Mrs. Miley, Mr. Buse, Mrs. Battin, Mr. Kent and Mr. Crain - to go Session
into Executive Session to discuss matters of litigation and negotiations
with no intention of resuming the Open Session.
Upon motion duly made and seconded, it was voted to adjourn at 11:10 P.M.
A true record, Attest:
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e6,`717`bU;e--e.("IT
Executive Clerk
VOID
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