HomeMy WebLinkAbout1980-11-23-BOS-min 3"
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 fear (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 met and
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 Peking Gardens
LeBellecour Yangtze River Restaurant
INNHOLDER
Sheraton-Lexington Motor Inn
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
minutes of Selectmen's Meetings of August 18, 1980 (open and Executive
Session)and Executive`Session of September 8, 1980 (as corrected)
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Traffic Upon motion duly made and seconded, it was voted to request the recom-
Safety mendations of the Traffic Safety Committee relative to complaints from citi-
zens on safety problems on Bow Street, Walnut Street and Lawrence Lane
CATV 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.
Auctioneer Upon motion duly made and seconded, it was voted to approve the issuance
License of an Auctioneer License for one day, December 4, 1980, to Robert J Virtue
Boston Chairman Miley opened the hearings on the petition of the Boston Edison
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
N E Tel & Hearing was opened on the petition of the Boston Edison and N E
Tel Telephone & Telegraph Company for joint pole location on Washington Street
Boston Notices were sent to the abutters
Edison 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/lA
The Chairman declared the hearings closed and Mr Malis and Mr Boudreau
retired from the meeting
Revenue The Manager informed the Board that he had received a letter from Rep
Sharing Shannon stating that H R 7112, General Revenue Sharing bill, had been passed
H R 7112 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
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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 woxk_related 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_b. 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
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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 matter and the Chairman informed Mr Wads-
worth that they would take it under further advisement and inform him
of its decision.
The Chairman thanked Mr Wadsworth for bring the matter to the Board's
attention and he retired from the meeting
Police The Manager informed the Board that he had concluded an agreement with
Contract 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
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Selectmen's Meeting November 24, 1980
Theues io
q t n 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 municipal budget 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 Grush, 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
III 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
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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
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
Town Report Reduction in the printing of the town report was discussed and the
Manager is to come back to the 'Board at the Deceniser 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
Yde66,e--a L-727 Od
Executive Clerk
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