HomeMy WebLinkAbout1979-01-16-BOS-min 5Z
SELECTMEN'S MEETING
JANUARY 16, 1979
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Tuesday, January 16, 1979,
at 7 30 p m. Chairman Battin, Mr Busa, Mrs Miley, Mr Kent, Mr Crain;
Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks,
Assistant to the Town Manager; Mrs McCurdy, Executive Clerk, were
present
Legislators- Chairman Battin welcomed Senator Rotondi and Representative Cole
Tax Caps for a joint discussion on the Governor's tax capping proposal Mr
Brown, Chairman, and members of the School Committee, Dr Lawson,
Superintendent of Schools, Mr Silverman, Chairman of the A.p- '
prPpFiation Committee, and representatives of theCkp Expenditures
Committee were also present Chairman Battin said that, as of now,
the Mass Municipal Associations do not have a posture regarding tax
limitations and are waiting to see what the Governor proposes We now
have a coalition of not only the Managers, Mayors and Selectmen but also
with School Superintendents and School Committees This group will work
to preserve the rights of the taxpayers to make the decisions concerning
governments at the local level Mrs Battin turned the meeting over to
Mr Kent, our Legislative Liaison
Mr Kent said that the School Committee has asked that we devote
the first segment to matters of interest and concern to them, and the
School Aid picture is of concern to us
Senator Rotondi said that Governor King was talking about a position
on School Aid which would guarantee that communities would get at least
10 percent of what they received the prior fiscal year Many of the
people who supported the legislation decided they wanted 15 percent;
in the Senate, it was reduced to 7 percent He was co-sponsor of a
bill for reimbursement to the level of FY 79, and then we hope to
add the cost of inflation. It is important that municipal associa-
tions get together with us to put a guaranteed percentage factor into
that He will be dealing with that issue directly and has also been made
Chairman of the Public Service Committee, which deals with the issues of
collective bargaining, binding arbitration, and the impact of these types
of programs on municipalities
Mr Brown said that you don't know exactly what the percentage would
be; if you follow Boston's cost of living index, it would not be fair to
the rest of the state
Representative Cole stated his position on the subject of caps He
did not see how the state can mandate programs on municipalities and then
say we are going to put a cap on what you spend There is no possibility
of balancing the budget the way you would like to do it He had difficulty
accepting caps unless the mandatee programs are state funded If caps are
imposed on municipalities, he expected that both school and general govern-
ment
would be lumped together
2.3
Selectmen's Meeting - 2 - January 16, 1979
1I III
Senator Rotondi hoped the state would turn to itself and talk about
the way in which it operates its shop and runs its budget; about agencies
and their growth, welfare fraud; that's part of the whole deal The
municipal association is going to have a special obligation this year to
make sure they are monitoring the situation and getting input from every-
body
Chairman Battin said that she is a member of the Governor's Local
Advisory Committee and, at a recent meeting, he said that all monies
cities and towns receive from new development was going to be mandated
to be applied to reduce the tax rate We could not use it to pay for
services, and this narrows the amounts we can work with
Mr Hoffman, School Committee, stated that when you talk about cap-
ping school expenditures, you are flying in the face of the concept of
fiscal autonomy
Mrs Battin added that there are two bills filed both by the Special
Commission on State Mandated programs and the Local Government Caucus
about full funding of mandates
Board members expressed concern about the impact on Lexington and
Mr Crain said that the concept assumes everything has been done as it
should in the past and the future is controllable. When we confront the
horrendous situation on unfunded pensions, liabilities on the state level
and the local level, solid waste, energy costs that are completely out of
control, we are beginning to understand the implications of it The
III philosophy and basic concept of capping just doesn't make sense
Mr Hutchinson agreed and hope that some freedom is given to those
at the local level to decide how much they want to spend, and capping is
not the answer Depending upon the way legislation is written, there
could be an effect'of approximately $1 million on the FY 80 budget
The sanitary landfill was discussed and Mr Hutchinson said there will
be a broad article in the warrant enabling the Selectmen to commit the
tonnage, and Northeast seems to be the one. This seems to be the only
longterm viable solution and we are planning to be out of the landfill
fusiness in the next couple of years or a little longer Eventually, it
would seem that resource recovery is the way to go and the private sector
is geared to handle this
Mr Busa felt that some of the landfills could be extended and this
could mean a substantial savings for some of the municipalities Maybe
some of the leachate could be filtered or cleaned up
Chairman Battin said that there other bills were important to the
Municipal Associations, (1) Review and comment on human services projects
if a project is going to come into a local community, the chief executive
would be notified and there would be the opportunity, if desired, to re-
view and comment on it (2) The sick pay buy-back has been filed, and
that is something they feel strongly about Mr Hutchinson said there
has been a legal ruling that sick pay - and I believe it relates to the
school system - can now be computed as part of your retirement level
It does have an effect on retirement benefits, so there is a long-term
cost as well Mrs Battin said the bill would correct that (3) Binding
III and compulsory arbitration This bill would be coming before Senator
Rotondi.
Selectmen's Meeting - 3 - January 16, 1979
Senator Rotondi said he had filed a bill which would have the MBTA
deed back to the respective communities the road rights of the right-of-
way that runs through Arlington and Lexington, subject to reconveyance at
a time when the MBTA decided what they wanted to do with it
He had also filed a bill to authorize the Department of Public Works
to install a direction light at Bedford and Eldred Streets This will
allow people coming from Eldred Street to take a left turn He had in-
vestigated it with John Carroll and would let the Selectmen know the
hearing dates Mr Busa said the Commonwealth was going to enlarge
Bedford Street in 1975 and that would probably have been the solution.
Senator Rotondi said they didn't do it years ago because they didn't
want to interrupt the flow of traffic; now, there is no flow and it is
stopped up to 128 anyway There could be a 25 second triplight to allow
them to intercede during those stalled periods
He said that another issue going on now is dealing with the Burlington
tract of land and MAPC is considering being involved in that question
There is no legislation involved
Chairman Battin said there was one bill filed by the Middlesex County
Association that changed the way of filling vacancies on the County Com-
missioners They must now choose from three nominees recommended by the
County Advisory Board, and that gives us more control
Mr Kent thanked Senator Rotondi and Representative Cole not only for
meeting with the Board this evening but for the help always given when asked
for Both agreed to work in the interests of Lexington and to keep the
Selectmen informed They retired from the meeting
Mr George Silverman informed the Board that the Appropriation
Committee would not meet with them until next week because of the need
for additional information on unresolved questions
Bldg Mr Hutchinson recommended the Board's approval of building fees
Fees Upon motion duly made and seconded, it was voted to approve a fee
of $10 00 for a Certificate of Zoning Compliance, in accordance with
Section 11 5 of the Building Code Also, to approve a fee under
Mechanical Permits for $5.00 for the first fixture and $1 50 for each
additional fixture
Trustees Mr Hutchinson recommended approval of a request to the Trustees of
Public Public Trusts for the expenditure of $384 00 for temporary financial
Trusts assistance to enable a Lexington man and wife to continue with meals
on wheels at $32 00/week until May 4, 1979
Upon motion duly made and seconded, it was voted to request the ap-
proval of the Trustees of Public Trusts for the expenditure of $384 00
from an appropriate trust fund for a deserving Lexington couple
Selectmen's Meeting - 4 - January 16, 1979
Mr Hutchinson recommended that the Board sign the agreement between
g Bedford
the Town of Bedford and the Town of Lexington concerning the construction Water
of a water line from Bedford's meter pit to Lexington's water line in Agreement
Bedford Street, Lexington The Town of Bedford has received all re-
quired approvals for the connection and the supply of system water to
Bedford from the Metropolitan District Commission and all required
state agencies, including the Department of Environmental Quality
Engineering, and has deliveredlevidence of su&h'approvals to the Town
of Lexington The Bedford Board of Selectmen has signed the agreement
Upon motion duly made and seconded, it was voted to sign the agree-
ment between the Town of Bedford and the Town of Lexington as follows
1 The Town of Lexington authorizes the Town of Bedford to lay and maintain
a water line from the Town of Bedford's meter pit located in the Great
Road, Bedford, to the Town of Lexington's water line located in Bedford
Street, Lexington.
2 The Town of Bedford grants to the Town of Lexington th a right of in-
dependent access to the meter pit and agrees to provide suitable means
for such independent access at all times for the purpose of inspecting
the equipment and reading the meter
3 The Town of Bedford agrees to release and hold harmless the Town of
Lexington from any and all claims for injury, death or property damage
arising out of said activity including, but not limited to, the construc-
tion, installation or operation of said water line or meter pit The
Town of Bedford specifically agrees to indemnify the Town of Lexington
against any and all losses due to or related to any loss of water caused
by leaks or other caus4s in said water line or meter pit or in any part of
the Bedford water distribution system, at the least by paying for all water
used or lost on the Bedford side of the said connection regardless of
whether the cause or source of the water loss has been determined
4 The Town of Lexington may terminate water service to the Town of Bedford
at any time when, in the sole judgment of said Town of Lexington, it de-
termines that it is in its best interests so to terminate
Upon motion duly made and seconded, it was voted to adjourn at 9:45 ppm
A true record, Attest
g/Idetft,* 7h •
Executive Clerk, Selectmen