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HomeMy WebLinkAbout1974-09-09-BOS-min 34 SELECTMEN'S MEETING September 9, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's meeting room on Monday, September 9, 1974 at 7 30 p.m. Chairman Kenney, Messrs.'lBusa and Brown, Mrs. Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineer- ing; Mrs. McCurdy, Executive Clerk, were present. Liquor Chairman Kenney read a letter from Attorney Tropeano stating that iVinebrook on behalf of Vinebrook Corporation, the petition to transfer the Package Petition Goods license from 1700 Massachusetts Avenue to 32 Bedford Street is for Location withdrawn, due to failure in notifying all abutters A new petition is Change to be filed later. The Board approved the withdrawal request For the Board's information, Mr. O'Connell advised that the Environ- ' EPA - Reduc- mental Protection Agency is conducting a meeting at the High School on tion in September 16. Because Lexington should have strong representation, he Parking Lots had asked Mr. Hughes, Chief Corr and Mr Chalpin to attend. The School Department has also been contacted to send a representative because of the effect on teachers if the High School parking lot had to be reduced by 25 percent. Mr. O'Connell recommended that the Board sign the agreement for the EEA Emergency Employment Act Program, which has been extended to March 31, Agepeement 1975. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the agreement for the Emergency Employment Act Program. Mr. O'Connell requested that the Board award the contract for sani- tary sewer construction on Grove Street to Turning Mill Road, Turning Mill Road, Partridge Road, Demar Road, Gould Road and Easement, Grimes Contract Road, and Jeffrey Terrace. Bids were received on August 29, 1974 from 73-8-E D.G. Construction Co. , Inc. , Cambridge, $263,325; Charme Construction Sewer Con- Inc., Roslindale, $286,692.05; Crognale Construction Co , Inc. , Canton, struction $321,015. After an extensive examination of the bids and review as to qualifications, Mr. McSweeney recommends, and I concur, that the bid be awarded to Crognale Construction Co. , Inc. as this firm is the low- est bidder considered to be fully qualified. The tem lowest bidders are withdrawing their bids. Upon motion duly made and seconded, it was voted to award Contract 73-8-E for sanitary sewer construction to Crognale Construction Co , Inc. , the lowest responsible and eligible bidder, in the amount of $321,015. 35 J 111 Selectmen's Meeting September 9, 1974 Chairman Kenney requested the Board to sign the application to the-State Commission of Public Safety for a Sunday Theatre License. Sunday Upon motion duly made and seconded, it was voted to sign the els.- Theatre plication to the State Commissioner of Public Safety for a Sunday License Theatre license for the Minute-Man Cinema, Inc. d/b/a The Flicks, 10 Muzzey St. Chairman Kenney read a request from the Lexington Minute Men, Inc. for the use of the Green for the installation of officers, and Green - an invitation to the Board to attend the ceremony Minute Men Upon motion duly made and seconded, it was voted to grant per- mission to the Lexington Minute Men, Inc to use the Green on Sunday, September 15, 1974, at 2 00 p m. for the installation of officers. Board members plan to attend. Chairman Kenney read a report from the Traffic Safety Committee regarding Bicentennial Bicycle Tours to commence at the Old Burying Grounds, out to Massachusetts Avenue left onto Worthen Road right onto Lincoln Street right onto School Street left onto Massachusetts Bicycle Tours Avenue to Fiske Hill Farm Foundation and thence along Massachusetts Avenue to Fiske Hill Information Center, or continue without this stop along the Battle Road to the new Minute Man National Park Head- quarters. Bike route in reverse back to Lexington The Traffic Safety Committee had met with Mr. Robert Tarlin, Bicentennial Director, and had agreed to a favorable approach to the tours, with the understanding that the rules and regulations for bicycle riders are to be carefully explained to the participants at the beginning of each tour. The Beard of Selectmen endorsed the concept of the Bicentennial Bicycle Tours. Chairman Kenney read requests from the Conservation Commission for three "No Motorized Vehicles" signs to be located on Whipple Hill and Juniper Hill; also, placement of barriers at the entrance Conservation to Conservation land between #5 and #9 Red Coat Lane, and at the East Signs and Street entrance to the Old Bowser Cart Road. Barriers Upon motion duly made and seconded, it was voted to tabbe the matter pending a recommendation from Mr. McSweeney. Chairman Kenney distributed copies of the report of the Advi- sory Committee to the Lexington Board of Selectmen on Cable Televi- CATV Report sion and Cable Communicatimns. The Committee requests financial assistance in reproducing the report of approximately 45 pages and it was agreed to discuss the matter with CATV members at the next meeting. 36 Selectmen's Meeting September 9, 1974 Chairman Kenney requested the Board to sign the list of sewer bet- Sewer terment assessments, as recommended by Mr. McSweeney. Betterment Upon motion duly made and seconded, it was voted to sign the lists Assessments of sewer betterment assessments for the following streets: Adams Street, Bowser Road, Fourth Street, Kimball Road, Leonard Road, Myrna Road and Carl Road, Oakmount Circle, Rumford Road, Saddle Club Road, and Skyview Road. Incorp. Upon motion duly made and seconded, it was voted to sign the approval Mail Drop of location at 31 Moon Hill Road for the incorporation, "Dance/Mass. Movement, Inc." formerly located in Boston, as requested by Secretary Davoren. Chairman Kenney read a letter from the Massachusetts Legislative Research Council for an opinion of the Board regarding H5480, which would H5480 add a new section 4B to Chapter 4 of the General Laws No statute, re- , H1254 quiring an expenditure by cities, towns or districts, although general in nature, shall be effective as to any individual city, town or .dis- trict until such city, town or district has accepted its provisions. Such acceptance shall, except as otherwise provided in such statute, be, in a city, by vote of the city council, subject to the provisions of the charter of such a city, in a town, by vote of the town at a town meeting or, in a district, by vote of the district at a district meeting. The letter states that the proposed statute resembles "fiscal re- sponsibility" proposals for constitutional amendments introduced fre- quently over the years, among them being the following constitutional proposal by the Massachusetts Selectmen's Association in House, No. 1254 of 1974 No law imposing costs upon two or more cities or towns by the regulation of the compensation hours, status, conditions or benefits of municipal employment shall be effective in any city or town until such law is accepted by vote or by the appropriation of money for such purposes, in the case of a city, by the city council in accordance with its charter and in the case of a town, by a town meeting, unless such law has been enacted by the General Court by a two-thirds vote of each of its branches, or unless the General Court, at the same session in which such law is enacted, has provided for the assumption by the Commonwealth of such additional cost No law granting or increasing exemptions from local taxation, increasing the pension or retirement benefits of municipal employees or increasing the benefits payable to any class of persons shall be effective in any city or town, unless such law has been enacted by the General Court by a two-thirds voteoof each of its branches, or unless the General Court, at the same session in which such law was enacted, has provided for the assumption by the Commonwealth of any such increased expenditures or of any loss of taxes resulting from such exemption. Chairman Kenney They are interested in Lexington's viewpoint. I am personally sympathetic of what they are trying to do but if you subject every state law to local acceptance. .. We couldn't even change pensions. 37 Selectmen's Meeting September 9, 1974 Mrs Battin It would be unduly restrictive Mr. O'Connell I think that the Massachusetts Selectmen's propo- sal provides a good basis for the General Court to get it through Chairman Kenney Would you be willing to go along with the bill recommended by the Massachusetts Selectmen's Association? Mrs Battin We will go along with it but not enthusiastically. The Board agreed to inform the Legislative Research Bureau that the Selectmen feel the proposed new Section 4B would be unnecessarily restrictive and a hindrance to the passage of good legislation by the General Court. However, there has been great concern in the past several years with the practice of the General Court in enacting laws which impose costs at the local government level without considera- tion of local impact of such laws Therefore, the Board of Selectmen would support the fiscal responsibility proposal, as presented by the Massachusetts Selectmen's Association. Chairman Kenney read a request for residents to conduct a block party. Permit Upon motion duly made and seconded, it was voted to grant permis- sion to the residents of Longfellow Road to conduct a block party on Saturday, September 14, from 3 00 to 10:00 p m. , subject to the regu- lations of the Police Department. Chairman Kenney read a letter from State DPW Commissioner Camp- bell stating that $47,686 has been allocated to Lexington for State Aid-Highways. These funds are provided by an authorization contained in Section 4 of Chapter 765 of the Acts of 1972, and can be used for construction and/or improvement projects on all public ways which State Aid qualify under Chapter 90 guidelines adopted by the Public Works Com- Highways mission, with no municipality or county required to provide any match- ing funds unless they so desire This program replaces the Chapter 81 and Chapter 90 programs of the past and application for these funds will follow the existing State Aid-Highway procedures. Chairman Kenney to Mr. O'Connell: Is this a new source? Mr. O'Connell: This is the new way they allocate the old Chapter 90 money. Chairman Kenney to Mr. McSweeney Is this the new version of the old Chapter 90? Mr. McSweeney Yes. Of the $47,000, $6,000 is for maintenance and $41,000 will be assigned to Hancock Street. Chairman Kenney Then the main difference is that we don't have to put any money in. Chairman Kenney read a request from the Director of Cary Memorial Cary Library Library for the Chairman to sign an affidavit of approval of applica- Booklet tion to the State Executive Office of Educational Affairs for a Bicen- tennial grant to publish a booklet 38 Selectmen's Meeting September 9, 1974 Upon motion duly made and seconded, it was voted to authorize the II/ Chairman of the Board of Selectmen to approve the application of the Cary Memorial Library to the Massachusetts Executive Office of Educa- tional Affairs for a Bicentennial grant for the printing of a booklet entitled, "A Guide to the Study of Lexington " Chairman Kenney read a request from Mr Robert Tarlin, Bicenten- nial Director, for permission to use the Buckman Tavern grounds for Bicentennial Bicentennial Craft Programs Crafts Upon motion duly made and seconded, it was voted to approve the Program request of the Bicentennial Director for the use of the Buckman Tavern grounds for the following events on Saturday, September 14, 1974: Colonial Bake Shoppe, sponsored by the Pilgrim Congregational Church, at 10 00 a.m. Demonstration of quilting and weaving by local craftsmen at 12 30 p m. Band Concert at 3:30 p.m. Chairman Kenney read a request from the League of Women Voters to LWV proclaim the week of September 8-14 as League of Women Voters' Week. Proclamation Upon motion duly made and seconded, it was voted to sign the pro- Week clamation declaring the week of September 8-14, 1974 as League of Women Voters' Week in Lexington As Chairman of the Governor's Hanscom Task Force, Mr. Brown reported that bi-weekly meetings have been conducted during the summer We have a secretary and we are developing a staff to gather material We hope to Hanscom Task have someone located in the Governor's office and we have made a formal Force request to the Governor's office for a long-range plan for Hanscom Field. We have all received vast amounts of material, including a long-range plan for Logan Airport Everybody is listening to what the Task Force is doing as the citizens worry about expanded use of Hanscom. The main thing that has enabled us to progress is the willingness of the Governor's staff to provide help. Chairman Kenney expressed the appreciation of the Board for the pro- gress attained by Mr. Brown and his committee. Executive Upon motion duly made and seconded, it was voted to go into Executive Session Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town, or the reputation of a person. After discussion of matters concerning litigation, committees and personalities, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 11 15 p.m. A true record, Attest Ex cutive Clerk, Selectmen