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HomeMy WebLinkAbout1977-06-06-BOS-min 470 SETRCTMEN'S MEETING June 6, 1977 A regular meeting of the Board of Selectmen was held in the Se- lectmen' s Meeting Room, Town Office Building, on Monday, June 6, 1977, at 7 30 p.m Vice Chairman Battin, Mr Bailey, Mr Busa, Mrs Miley; Mr Hutchinson, Town Manager; Mrs McCurdy, Executive Clerk; Mr Cohen, Town Counsel werepresent I Transfer Mr Hutchinson recommended that the Board approve requests for Requests transfers from the Reserve Fund Upon motion duly made and seconded, it was voted to request the Appropriation Committee for approval of transfers from the Reserve Fund to the following accounts Account Amount #1700 Group Insurance $35,000 Rate Increase #2935 Office Copier and 800 Above Normal Use Supplies #1350 Personnel Expense 1,250 Recruitment costs #4900 DPW Personal Services 5,000 Storm Overtime #5200 Town Building Main- 1,400 Overtime tenance-P S Town #5250 Town Office Building 25,000 Energy Underbudgeted Maintenance #5550 Traffic Regulations 500 Energy Underbudgeted #5600 Streets Lights 22,000 Energy Underbudgeted #5700 Sewer Maintenance 6,000 Major Pumping Stations #1950 Elections-Town Clerk 2,300 Special Elections #3320 Tri Community Health 600 Swine Flue Clinics Services • #2800 Police Department 2,000 Gasoline Increase Mr Bailey stated that much of this arises from the conscious decision of 15 months ago when we had to budget energy items and we had no idea of the difficulties We knew we would be bouncing the top but we didn't know how badly So it should be no reflec- tion on anybody's management along the way on those items Mr Hutchinson said that energy and insurance were our major areas of real problems NET&T Hearings were conducted on petitions from the New England Underground Telephone Company for the installation of underground conduit Conduit - Notices of the hearings had been sent to abutters and filed with Hancock St the Public Works Department Mr Roland Pinault represented the Telephone Company and no one else was recorded in favor or in opposition Upon motion duly made and seconded it was voted to grant per- mission to the New England Telephone Company for the following 471 Selectmen's Meeting June 6, 1977 locations Hancock Street on the easterly side, from the intersection of Edgewood Road Edgewood Road, southerly 12'+ (feet) to said Hancock Avenue Edgewood Road, thence easterly, 120'+ (feet) to pole 28/2 approximately 132'+ (feet) of con- duit, also on the easterly side, from a point 30'+ (feet) north of Edgewood Road, westerly 165'+ (feet) to pole 41/1 Hancock Avenue, approximately 165'+ (feet) of conduit Hayes Avenue on the southerly side, from the southerly cor- ner of Hancock Street, easterly 172'+ (feet) to existing pole 44/2, approximately 172'+ (feet) of conduit (Work to be done in grass area ) Hancock Street on the easterly side, from the north corner of (Goodwin Road) Goodwin Road, southeasterly 8'+ (feet) to the grass shoulder on said Goodwin Road, thence easterly 91'+ (feet) to pole 42/4-1, approxi- mately 99'+ (feet) of conduit ' Hancock Street on the easterly side, from a point approxi- Brigham Road mately 285'+ (feet) south of Hayes Avenue, westerly 66'+ (feet) to the northerly side of Brigham Road, thence westerly 245'+ (feet) to proposed handhole 55/177-1, approximately 311'+ (feet) of conduit and one (1) handhole (Work on Brigham Road to be done in grass area ) Hancock Street beginning on the easterly side at the south- North Hancock east corner of the Adams Street intersection, Street running in a northwesterly direction to exist- ing pole 42/24 North Hancock Street approxi- mately 204'+ (feet) of conduit Hancock Street on the easterly side, from existing manhole #54/177 located 250'+ (feet) north of Edge- wood Road, northerly 87'+ (feet) to pole 42/13 approximately 87'+—(feet) of conduit (Work will be done in sidewalk ) Hancock Street on the westerly side approximately 150'+ (feet) north of Bedford Street , one (1) handhole; also from said handhole in a southeasterly direction approximately 55'+ (feet) of conduit to #9 Hancock Street, and in a northwesterly 472 Selectmen's Meeting June 6, 1977 direction approximately 35'+ (feet) of PP Y conduit to the Masonic Temple Mr Pinault thanked the Board and explained that because of the planned reconstruction of Hancock Street, we will have an opportunity to get in and locate the conduits for future use Orne Hancock Street is finished, they would have to wait for seven years to get a permit to open up the street Mr Bailey said that, as he understands it, permission is re- quested to enter conduits that are already on Hancock Street and to take leadoffs into streets that feed into Hancock Street, but there is no intention of having underground service to houses on Hancock Street Mr Pinault replied in the affirmative Legislative Vice Chairman Battin read a request from the Joint Legisla- Liaison tive Office of the Massachusetts Municipal Associations regard- ing the appointment of Lexington's Legislative Liaison Mrs Miley said that the Board would certainly like Mrs Battin to continue as she has done great service for the Board and the Town in keeping us informed as to what the State is doing these days Upon motion duly made and seconded, it was voted that Mrs Margery M Battin is to continue to serve as Lexington's Legisla- tive Liaison Auctioneer Vice Chairman Battin read an application for an Auctioneer's license Upon motion duly made and seconded, it was voted to sign the Auctinneer's license for Mr John D Brucchi, 63 Paul Revere Road, expiring March 31, 1978 Entertainment Vice Chairman Battin read a request for an Entertainment li- License cense Upon motion duly made and seconded, it was voted to sign the Entertainment license for Chadwick's, 903 Waltham Street, for a 4-piece High School Dixieland Band to play indoors for the anniver- sary celebration on June 23 and June 24 from 7 00 p.m to 10 00 p.m Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on May 23, 1977 Bank Vice Chairman Battin read a request from the Cambridgeport Opening Savings Bank for a circus clown to distribute balloons in front of the bank on June 18, June 25 and July 2 from 10 00 a m to 4 00 p.m The Board had no objection At 8 00 p.m Vice Chairman Battin opened the hearing on the 473 Selectmen's Meeting June 6, 1977 application from m Lexington Enterprises, Inc d/b/a Peking Gardens, Peking 27 Waltham Street, for an expansion of premises to include 29-31 Gardens - Waltham Street; a one-story building approximately 40 ft x 125 Liquor ft to contain dining room, storage area and offices at basement level of building; the above-described premises to connect with present restaurant at 27 Waltham Street by opening on first floor and by a common basement, in accordance with submitted plans Notice of the hearing was published in the Lexington Minute- man issue of May 19, 1977 and a copy sent by the petitioner to each abutter Attorney Dean E Nicholson, representing the petitioner, in- formed the Board that the adjacent premises proposed for the addition were formerly owned by Stevens Market Peking Gardens has been in business and under the same management since 1972; they have become a well-known restaurant and are a credit to the community Liquor being served in the restaurant is only an adjunct to the main purpose of serving food He explained a plan of the premises and added that there are facilities for handicapped people The kit- chen area will not change in size and, with the expansion, the restaurant capacity will be about 220 people, 70 more than at the present time Mr Morehouse, Architect, has designed improvements both inside and outside, and they are ready to go to Historic Districts Commission for approval of the outside The lower level will have three dining rooms (there is one downstairs in the other side of the building) and these will be rather lightly used; it is just to have facilities in the lower level to accomodate people Mrs Battin stated that a hearing had been held by the Board of Appeals on April 13 and a permit was granted for the extension Mr Busa asked if the rooms downstairs would be used as dining rooms or function halls? Also, if the liquor license is to be ex- tended to cover them? Mr Nicholson replied that the license would cover the three rooms which would be used not as much as dining rooms but for groups getting together for people getting married or parties for retirements Mr Bailey asked if license is going to be different in any way other than the fact that it would include the additional space? Mr Nicholson replied that there is no request for anything different than they already have It is only for additional space No one else appearing in favor or in opposition, Vice Chairman Battin declared the hearing closed Upon motion duly made and seconded, it was voted to sign the Common Victualler All Alcoholic Beverages Liquor License to Lexing- ton Enterprises, Inc d/b/a Peking Gardens to cover the following premises at 27-31 Waltham Street Main restaurant or dining room on first floor of one-story brick building, and dining room on cellar level used for receptions and private meetings; kitchen on 1st floor, ladies' and men's rooms and storage on cellar level; 4174 Selectmen's Meeting June 6, 1977 addition to restaurant at 31Waltham Street containing dining room, coat room and men's and ladies' lavoratories on first floor; three function rooms, storage area and offices at basement level Also, to sign the application to the Alcoholic Beverages Control Commission for approval of the license including the expanded premises Summer The Board discussed the summer schedule of meetings Schedule of Upon motion duly made and seconded, it was voted to conduct Meetings the Selectmen's meetings during the summer on the following dates July 11, July 25, August 8, August 22, September 6, 1977 Binding Vice Chairman Battin read an alert to Legislative Liaisons Arbitration to discuss with their boards to send letters, telegrams and make telephone calls to their representatives and senators in support of the Governor's compromise on compulsory and binding arbitra- tion The bill extending compulsory and binding arbitration for two years has been passed by the House and Senate Although there were some cosmetic changes made, the bill has essentially the same substance as what we have opposed since the beginning of the session Instead of signing the bill, the Governor is expected to offer a compromise that will include 1 A "triggering" mechanism that would impose com- 111pulsory and binding arbitration only cities and towns that do not bargain in good faith 2 A management rights' component that will remove certain necessary management prerogatives from negotiations Mrs Battin said that Representatives Cole and Dickson and Senator Rotondi voted against the bill and Representative Amick voted to extend Mrs Miley said that she felt that the Governor, in his compromise, is trying very hard to help municipalities in this instance, and she moved to strongly support the Governor's com- promise proposal on compulsory and binding arbitration Mr Bailey said that he would be interested in the Manager's comments Mr Hutchinson said that when it comes to matters of collec- tive bargaining, he happens to be somewhat of a home rule man The Governor's bill is probably the best of the alternatives from the Legislature but it still concerns him that the Governor and the Legislature do not authorize payment of wages as people at the local level do, and there is a real lack of understanding as they are not involved in it If compulsory arbitration is so good, then he thought that each town should be given the right to decide If he is being asked if he supports the Governor's bill, he does not If he is being asked if it is the best of a very bad 475 Selectmen's Meeting June 6, 1977 situation that we have, " the answer is, "Yes It is amazing that they give more credence to police and fire unions than to the duly elected officials at the local level and this, he feels, is a very unfortunate thing Mrs Battin said that this is something that the Local Gov- ernor's Government Advisory Committee had to wrestle with The feeling was the the Governor, in this case, and Secretary Flynn went way out for municipalities - they really fought the police and fire, and they were willing to take a stand on our side; the feeling is that most towns felt that they did bargain in good faith and the triggering mechanism wouldn't go into effect so, in essence, we wouldn't have compulsory binding arbitration If we said to the Governor that he didn't go far enough and we are going to leave you out on a limb all by yourself, then we were really going to lose him Mr Hutchinson said that we have factfinding with the firemen next week As the Manager, charged by this Board with what he considers a serious responsibility, he felt that this Act in any form doesn't help He believes in collective bargaining and is personally not opposed to people believing in the right to strike Having had 1,000 applications for the position of fireman, he didn't think we have anything to apologize for Mrs Battin agreed with the last remark The question is whether we go along with municipal associations and support what the Governor is trying to do Upon motion duly made and seconded, it was voted that while the Town of Lexington would prefer no State mandates regarding local wage negotiations, the Board of Selectmen unanimously sup- ports the Governor's compromise proposal on compulsory and binding arbitration It was agreed to write to our Representatives and Senator urging them to support the Board's position Mr Bailey asked if Representative Carol Amick had commented on her position? Mrs Battin replied that when Rep Amick had said that she had always been for binding arbitration but no "last best offer," Mrs Battin had informed her that this was not a distinction that she had made clear to the Board when she appeared before us Rep Amick had voted on all the amendments that the Mass League of Cities and Towns had put up When they all got voted down, she voted for the final version, but Rep Cole, Rep Dickson and Senator Rotondi didn't; Dickson had been wavering before Mrs Battin, Mr Bailey and Mrs Miley agreed to be at the Minuteman statue on Saturday, June 11, at 12 00 Noon to welcome Congressman Tsongas and a member of the British Parliament The Board discussed the policy adopted last year of riding in cruisers on graduation night and weekends 476 Selectmen's Meeting June 6, 1977 Police Mr Busa asked to have the purpose explained. Is it to aid, cruisers - supervise or observe police procedures or citizens behavior? Graduation Mrs Battin explained that it is a combination This process seemed to sort of diffuse the whole situation to have everybody involved and concerned doing it, and it seems to work well In talking with Chief Corr last year, he welcomed having citizens involved when there are congregations of people Citizens and neighbors are interested, and they feel comfortable seeing that their representatives care It seemed to work well It was agreed that Mrs Miley would be available on Wednes- day, Mrs Battin on Friday evening, Mr Busa on Saturday evening, and Mr Bailey on Sunday evening (Voting Signs The Board discussed a request from Ms Jacqueline Ward and Mr Roger Trudeau to have a banner across the intersection of Massachusetts Avenue and Waltham Street intersection calling attention to citizens to vote on the special election day-of Monday, June 13, to fill the vacancy on the Board of Selectmen The Board agreed not to approve the banner but Ms Adams and Mr Trudeau would work together to have signs at each pre- cinct on voting day, signs in merchants' windows, and a tasteful display sign in front of the Town Office Building The Board will notify the merchants we strongly approve and hope they will join in the effort to remind voters Sanitary Mr Hutchinson thanked the members of the Board of Select- Landfill men and Sanitary Landfill Advisory Committee for attending the Hearing State hearing in Tewksbury regarding violations at the sanitary landfill He said that their appearance was very supportive to our concern about the landfill Mrs Battin added that the Town Manager had made a good presentation at the hearing Upon motion duly made and seconded, it was voted to adjourn at 8 1+0 p.m A true record, Attest Executive Clerk, Selectmen U