HomeMy WebLinkAbout1977-03-14-BOS-min 379
SELECTMEN'S MEETING
March 14, 1977
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, March 14, 1917 at
7 30 p m. Chairman Kassler, Mr Bailey, Mrs Battin and Mrs Miley;
Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs McCurdy,
Executive Clerk, were present
Chairman Kessler opened the hearing on the petition of the Heston Poles -
Edison Company for the installation of two poles on Worthen Road, Worthen Road
southeast of John Poulter Road, for street lighting purposes
Notices of the hearing were sent to abutters listed on the plan
of the petitioner and also filed with the Public Works Department
Mr Louis Pratt was present as the Boston Edison Company repre-
sentative and informed the Board that this is a revised petition
Chairman Kessler read a report from Mr McSweeney, Director cf
Public Works/Engineering, stating that last year as a result of a
Citizen's request, the Town asked Boston Edison to install three
additional street lights and poles on Worthen Road between John Poulter
Road and Kendall Road At that time, Boston Edison petitioned the
Town for a grant of location for the three poles However, the resi-
dent at the corner of Kendall Road and Worthen Road voiced opposition
to having a street light in front of his home For this reason,
Boston Edison withdrew their petition In accordance with procedi:xe,
they have not submitted another petition for two poles We have re-
viewed the location and recommend that the petition be approved.
No one being present in favor or in opposition, the hearing
was declared closed
Upon motion duly made and seconded, it was voted to grant per-
mission to the Boston Edison Company for the following location
Worthen Road, northeasterly side, from a point approximately
260 ft southeast of John Poulter Road, Two
Poles
Mr Hutchinson reported to the Board that Cherry Sheet estim=Les Cherry
had been received and Lexington will receive $128,882 10 less thar. Sheet
last year Lexington can expect to receive $3,298,187 40 against Estimates
$3,483,677 19 last year According to the Comptroller, receipts ere
only part of the total picture Offsetting it are State and County
charges and charges and assessments overestimated by the State for
a total revenue effect of minus $667,747 48 We have the dubious
distinction of going to Town Meeting with a proposed increase of
$2 60 on the tax rate, which means an estimated increase of $12 4C
on the tax rate The largest increase in charges is the County tax,
$995,896 02 against $775,083 48 last year His recommendation was to
invite our legislators in and ask them what they are doing about it,
and we should speak to it in a way that we want it done now
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Selectmen's Meeting March 14, 1977
Mrs Battin said that there is a bill before the Legislature that
there be no more State mandated programs without adequate funding
Arlington had a referendum on binding arbitration and apparently the
citizens were for ending it - and it really jarred the legislators -
7,000 to 5,000 vote and the police and firefighters tried to prevent
it She urged the Selectmen to speak to Town Meeting about it in
two weeks.
Chairman Kassler agreed and said that the Board will discuss it
again
Mrs Miley said that she is going to a meeting tomorrow at the
County Courthouse on the County' s $1 2 million supplemental budget
for this year and she would carry the Board's message
Revenue Chairman Kassler opened the hearing on possible uses of Revenue
Sharing Funds Sharing Funds
Mr Hutchinson said that the question has been raised as to how
Town Meeting fits in, and it does not; the decision to allocate the
funds is within the authority of the Board of Selectmen Also, he
feels comfortable saying that the process says that the total budget
will be reviewed in relation to the proposal There have been two
hearings held and the proposed allocation of $550,000 has been given
to the public
Chairman Kassler declared the hearing closed
Bond Option Mr Hutchinson discussed a proposal for a new taxable bond op-
tion and recommended that no action be taken by the Board He
commented that you can't escape the impression that the real purpose
of the Legislature is to reduce the tax shelter
Treasurer Mr Zehner met with the Board to request approval of borrowing
$1 million in tax anticipation Bids were received and he recommended
that the money be borrowed from the lowest bidders
Upon motion duly made and seconded, it was voted to borrow a
total of $1 Million from the following banks, notes to be dated
March 18, 1977 and mature on May 3, 1977
Harvard Trust Company $250,000 1 90%
Shawmut Bank of Boston 500,000 2 00%
First National of Boston 250,000 2 01%
1976 Town Mr Hal Singley, Chairman of the Town Report Committee, met with
Report the Board to report that the 1976 Annual Town Report will be delivered
to the townspeople on March 19 by the Boy Scouts He thanked the
Committee for their dedicated work and paid tribute to Mrs Helen
Coombes of the Selectmen's office for doing a superlative job in
typing the report. The report should cost under $9,000
Chairman Kassler expressed the Board's thanks to Mr Singley
for his accomplishment in producing not only a beautiful report but
at a substantially reduced cost
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Selectmen's Meeting March 14, 1977
Mr Hutchinson
recommended that the Board approve a transfer Transfer
of $5,000 Snow Removal
Upon motion duly made and seconded, it was voted to request
the Appropriation Committee for approval of a transfer from the
Reserve Fund in the amount of $5,000 to Account #5500-Snow Removal
for sanding, salting, and snow removal operations
Dr Bernard Yudowitz, owner of Wild Acre Inn located at 50 Sewer - Wild
Percy Road met with the Board to discuss the installation of a Acre Inn
sewer to service the Inn
Mr Hutchinson said that, apparently, there has been a sewer
problem and you have been allowed to pump it out. In reviewing it
with the Board of Health, the problem doesn't go away The Town
is economically pressed and we can't provide a sewer The recommenda-
tion is that Dr Yudowitz be ordered to install the sewer at his own
expense or shut the operation down
Dr Yudowitz said that he had submitted plans for the sewer and
he had petitioned to do this He cannot continue with the pumping
as it costs $4,000 a year He said that this has been going on
since 1975 and he felt it most unequal that the Town will service
that area at his own expense and yet there is a sewer there When
the Town did put in the sewer line, the assumption at that time wa:;
that the two houses down the road would not need a sewer; therefore,
the Town put in a sewer 10 ft above any connection that could be
supplied by a gravity flow This presented a problem. When he
first heard from Mr Smith of the Board of Health about the sewer,
he concurred 100 percent and within a week he had hired C E Maguire
From a period of 5/9/75 to 5/16/75, C E Maguire had submitted a
plan, which were submitted to the Town Engineer Dr Yudowitz
thought that this was known to the Board of Selectmen (1) the
alternative to go through marsh lands, which was rejected; (2)
alternative to put in a pumping system, which was rejected because
you need a back-up and also constant maintenance - and it wasn't a
feasible system in the long run; (3) alternative of a gravity flow
system, which he agreed to, and the Town Engineer agreed to Then
he went before the Board of Health and presented the gravity flow
proposal The question at that time was would he be willing to pro-
vide area sewer up Percy Road to Highland Avenue, and the Town
Engineer suggested that the Town would provide the sewer connection
while Dr Yudowitz would provide the betterment for Dr Sizer,
52 Percy Road, did not feel that it was in his best interests and
Dr Yudowitz had signed the petition and submitted the papers saying
that he was willing to pay his betterment As to the problem of
going down Highland Avenue, we have the question of closing down a
public road and the problem of providing Lexington with sewer man-
holes He said that he didn't know of a situation of a citizen
putting it in and solving the problems of others He was more de-
lighted to work it out; more than delighted to pay the betterment
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Selectmen's Meeting March 14, 1977
and going up Percy Road to meet the sewer This was after a vote of
the Board of Health to provide him with a reasonable sewer - and he
didn't know why the Town is coming to him and asking him to do what
he was willing to two years ago The principle he couldn't follow
was for the Town to say it was not financially able to do it and
yet you put in traffic signals, etc
Mr Hutchinson asked Mr George Smith, Director of Public
Health, to comment.
Mr Smith said that, as Dr Yudowitz stated, he did appear be-
fore the Board of Health and there were two points we discussed,
(1) Dr Yudowitz would ask abutters to join in financing the sewer
line In talking with Dr Yudowitz, apparently this never material-
ized as he couldn't get them to go along; (2) the Town was to give
Dr Yudowitz some relief in providing some connection Essentially,
Dr Yudowitz is correct and he did get consideration from the Town
Engineer It was mostly discussed with the Town Engineer as it was
more in the domain of Engineering
Chairman Kassler said that there is no problem as Dr Yudowitz
has agreed to finance the sewer The Selectmen have recently voted
a policy for people like Dr Yudowitz to follow in providing a sewer
at their own expense; for anybody that wants a sewer in an area that
the Town cannot put in at its expense, for citizens who would like
to pay all or a portion Dr Yudowitz has expressed a willingness
to do this
Mr Bailey added that this is a means whereby a citizen may
construct the sewer and betterments are not assessed
Dr Yudowitz said that he understood but in his position, he
couldn't say that he agreed with it
It was agreed that a meeting is to be arranged with Dr Yudowitz,
Mr Hutchinson, Mr Smith, and Mr McSweeney to discuss details for
the installation of the sewer at Dr Yudowitz' expense A copy of
the Selectmen's sewer policy is to be sent to Dr Yudowitz immediately
Town Mr Leo Gaughan, Vice Chairman of the Town Celebrations Committee,
Celebrations met with the Board. He informed the Board that a subcommittee had been
Committee formed to work out the details of the dedication of the new flagpole,
Bicentennial the Bicentennial Permanent Memorial, on Sunday afternoon, April 17
Memorial The subcommittee will consult with all who may be involved and report
Ceremony back to the Town Celebrations Committee for approval of plans Mr
Gaughan also discussed the financial situation and said that the
$7,500 budget had been reduced to $6,500 and they find themselves
in a bind in trying to make plans for April 18 For the past two
years, they have been operating under special funding for the Bi-
centennial and, this year, they will need in the vicinity of
$9-10,000
Mr Bailey said that we have talked about using the income from
the LeRoy Brown Trust Fund but we haven't heard from the Trustees
The income would only be about $500 00
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Selectmen's Meeting March 14, :L977
Mr Gaughan explained that, to date, there are only about ten
musical units lined up for the parade, and the only definite mili-
tary unit is from Hanscom Field. Any organization, association or
merchant willing to sponsor a unit will be properly recognized in
the parade
Chairman Kessler asked that T C C 's subcommittee submit the
plans for April 17 to the Board of Selectmen as soon as possible
and the Board agreed to meet with the Town Celebrations Committee
sometime in May
Mr Gaughan thanked the Board and retired from the meeting
Chairman Kassler read a recommendation from the Appropriation Appointment
Committee that Mr Frank Hazel be appointed to the Personnel Advi- Personnel
visory Board. Advisory
Upon motion duly made and seconded, it was voted to appoint M^ Board
Frank Hazel, 1 Whitepine Lane, a member of the Personnel Advisory
Board for a term of office expiring March 31, 1979
Chairman Kassler read a request from Secretary Guzzi for ap- Certificate of
proval of a location for a Certificate of Incorporation Incorporation
Upon motion duly made and seconded, it was voted to sign the
form submitted by Secretary Guzzi for approval of the location, as
a maildrop, at 27 Turning Mill Road for a Certificate of Incorpora-
tion for Business & Economic Services Institute, Inc
Chairman Kessler read a request from Mr McSweeney, Director Water Bills
of Public Works, for approval of abatement of water bills Abatement
Upon motion duly made and seconded, it was voted to abate the
following water bills
Scott Properties 1 Circle Road $11 20
Fred Hersom 251 East Street 32 40
Richard T Magnuson 97 Meriam Street 95 40
John Eddison 20 Nickerson Road 108 85
Chairman Kassler recommended that the Board approve annual bolds Bonds
Upon motion duly made and seconded, it was voted to approve tie
following bonds Constable John J Shine, Jr , $3,000; Mr Louis A.
Zenner, Town Treasurer, $152,000; Mrs Doris E Barclay, Collector of
Taxes, $148,000
Upon motion duly made and seconded, it was voted to approve the Minutes
minutes of Selectmen's meetings held on December 20, 1976 and February
8, 1977
Chairman Kassler read a request from the League of Women Voters L W V -
to sell booklets during Town Meeting Cary Hall
Upon motion duly made and seconded, it was voted to grant per-
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Selectmen' s Meeting March 14, 1977
mission to the League of Women Voters to set up a table in the lobby
of Cary Memorial Hall to sett booklets during Town Meeting
Dog Fee Mr Bailey informed the Board that he had received a letter from
Complaint Mrs Saakvitne, 335 Marrett Road, complaining about the fee charged
for impounding her dog
The Board agreed to refer the matter to the Town Manager for
review
Executive Upon motion duly made and seconded, it was voted 4-0 by roll call
Session vote to go into Executive Session, with no intention of resuming the
open session, to discuss strategy with respect to land negotations
and the reputation of a person
After discussion, it was voted to go out of Executive Session
Upon motion duly made and seconded, it was voted to adjourn at
9 00pm
A true record, Attest
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x cutive Cl , Selectme
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