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HomeMy WebLinkAbout1974-04-16-BOS-min 503 SELECTMEN'S MEETING April 16, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Tuesday, April 16, 1974, at 7 30 p m Chairman Kenney, Messrs Bailey and Busa, Mrs Battin, Mr O'Connell , Town Manager, Mr Cohen, Town Counsel , Mr McSweeney, Direc- tor of Public Works/Engineering, Mrs McCurdy, Executive Clerk, were present Ms Barbara Rich, Mystic Valley Mental Health Center Association, Inc. , Program Director of Adolescent Residence, met with the Board to MVMHC discuss the opening of a residence at 9A Hancock Street for four girls, Adolescent ages 13 to 16, who are unable to live at home In some cases, their Residence parents are dead or have deserted them, and sometimes their parents are alcoholic or abusive If it seems workable, one of our goals would be to return the child to her own home with the use of family counseling. For most girls, this will be a long-term residence and the turnover will not be great I will be there during the day and eventually there will be house parents with two children Mr. Bailey Do the house parents have jobs? Ms Rich The father is getting his master's degree. Mr Busa Are these people under contract? Ms. Rich By a verbal agreement, they have agreed to do it for a year. Chairman Kenney Does Mystic Valley sponsor it? Is it funded by the State? Ms Rich Yes There is seed money from the Shaw Foundation and another one, and we would be reimbursed by the kids Mr Bailey When will it open? Ms Rich On May 6, we will have open house Chairman Kenney Will the children go to local schools? Ms. Rich Yes but, if needed, they will go to special schools Chairman Kenney Are there other resident programs being run in the State? Ms Rich Yes, the Department of Family and Children's Services has homes but we hope to create the family atmosphere. Chairman Kenney to Mr O'Connell With four children, do you see any necessary requirements or permits Mr O'Connell They have checked this out I have a question - I understand from Mrs Welch that there are several planned. Are you planning to have more? Ms Rich That Is not clear, we may Mr Busa: Are the house parents qualified? Ms Rich That is hard to ascertain We have checked into their references and they seem good For this job, it is hard to say as they have never done this type of work before We are very pleased to have them as it is a very difficult age to work with O4 Selectmen's Meeting April 16, 1974 Mr. Bailey For my own part, I wish you the very best It is a wonderful undertaking and I hope it works out Ms Rich Thank you We are considering Lexington residents at this point So far, I have only been able to discover two girls thaf are eligible If you hear of any, let me know Chairman Kenney Are these youngsters referred to you by their parents? Suppose they decide in two or three weeks that they want the children back? Ms Rich There are two ways; they come under the State Guidance and they can get the kid back in three days, and the other way is through the court but I understand that is very seldom done Chairman Kenney Our concern is that the number stay at four chi Idren Ms Rich I assure you of that Chairman Kenney: 1 wish you success and if it does work out, it will be of great benefit to the community The Board agreed Ms Rich thanked the Board and retired from the meeting Mr O'Connell asked the Board for comments on the parade held yes- April 19 terday Also, if the Town Celebrations Committee submits comments,. there will be a critique for the Bicentennial celebration. The Board agreed Water Mr O'Connell informed the Board that the Town has received $29,560 Pollution from the federal government under water pollution control The check is Control most welcome Mr O'Connell informed the Board that he has received a letter Special from Robert J Albertazzi , Chairman of the Arlington JayCees, that Olympics Lexington has been chosen to host the Massachusetts Special Olympic Association Track and Field Meet on Saturday, June 22 He recommended that the Board welcome them to Lexington since it is such a worthy endeavor The Board agreed Mr O'Connell discussed the garbage contract with Mr Rocketenetz Garbage Mr McSweeney recommends that it not be renewed until we see the out- Contract come of the Article on solid waste. If the Board concurs, we would like to leave it on that basis Chairman Kenney Ordinarily, we have 30 days to award the con- ' tract and Mr Rocketenetz is willing to sign an extension Mr O'Connell We expect the Article to be discussed at Town Meeting next week I 505 Selectmen's Meeting April 16, 1974 Attorney Donald E Legro and Mr Ronald G Grammont met with the Board to discuss a request for a sewer connection Mr Legro• We are requesting permission to connect to an existing sewer on Nickerson Road The proposed lateral would run from Nickerson Road to Aaron Road to service lots owned by Ronald G Grammont and Diana Grammont H Grammont in the area bounded by Aaron Road, Jean Road and Morgan Road Sewer and, possibly two lots in other ownership on the northerly side of Aaron Request Road Mr Grammont had Miller and Nylander prepare a plan and profile of the proposed sewer, to be installed according to town specifications and under the supervision of the Town Engineer, and by a contractor named by the Engineering Department The plan has been reviewed by the Engineer, as well as by Nylander, and found to be acceptable engineering- wise. Mr and Mrs Grammont are prepared to enter into an agreement, give bond for the faithful performance of the agreement, provide insurance in limits adequate to protect the Town, grant the necessary easements and, upon completion or at a specified future time, grant to the Town the utilities so installed One of the lots was sold to Mr and Mrs. Arthur and it is hoped that the Arthurs, and whoever else benefits, will contribute to the estimated cost of $18,000 it is proposed that it be installed, in any event, at no cost to the Town and, becauseithere is no cost, that the Selectmen waive any betterments or charges in lieu of betterments This plan was submitted to the Planning Board without any approval ac- cording to subdivision law. The Board of Appeals granted a variance last June for the owner to construct on the lot The entire cost will be borne by someone other than the Town and, if at any time a sewer is constructed on Jean Road, the Town will benefit. If granted, justice and law permit waiving of the betterments The Board agreed to take the matter under advisement, pending a report from the Director of Public Works/Engineering. Mr Legro and Mr Grammont retired from the meeting Chairman Kenney read an invitation from the Concord Board of Se- lectmen for members of the Board to attend the parade on Friday, April Concord 19 Parade Mrs Battin and Mr Bailey are to participate in the Concord parade Chairman Kenney read a request from the Lexington Summer Co-op to Permit hold a Craft Fair Upon motion duly made and seconded, it was voted to grant permis- sion to the Lexington Summer Co-op to conduct a Craft Fair on Saturday, May II , 1974, on the grounds in front of the Visitors' Center 506 Selectmen's Meeting April 16, 1974 Chairman Kenney read a letter from the Mayor of Malden, Walter J H81321 Kelliher, regarding House Bill 1321 Local-Aid, stating, " the Local Aid major section of the bill that reduces local aid is the Regional School Bonus of 15 percent of the Regional assessment instead of the present 15 percent of Chapter 70 In order to delete the section of the bill that would do away with the present Regional School Bonus, contact your local Representatives and Senators urging them to delete only that section of the bill. The balance of House Bill 1321 provides needed reforms in the Cherry Sheet distribution " The Board agreed to contact our Representatives and Senators and urge them to vote to delete the above portion of H B. 1321 The Board discussed the recommendation of Mr O'Connell and Mr. Hanscom McSweeney for the abatement of $30,556 25 to the United States Air Field Force as final settlement under the contract for water line construc- Water tion Town Counsel Cohen and the Comptroller have reviewed the Abatement matter and also recommend the abatement The following report from Mr McSweeney, Director of Public Works/ Engineering, supplies the necessary background for his recommendation UNITED STATES AIR FORCE - L G HANSCOM FIELD WATER ABATEMENT "On November 9, 1961 the Town of Lexington and the United States ' Air Force signed a fifteen year Utility Service Contract for the supply of water to L G Hanscom Field This contract is divided into two parts Part I - Provides for water supply and water line construction payment This part is for a ten year period Part II - This provides for water supply payment only, and is for a five year period Part I called for the amortizing of approximately $417,000 00 otter a ten year period This was the estimated cost of the United States Air Forces's share of water line construction Each year for ten years the United States Air Force would pay the Town of Lexington approximately $41 ,700 00 This was accomplished by a surcharge on each one hundred cubic feet of water used by the United States Air Force I have included a rate schedule on an attached sheet showing how this was done At the end of the ten year period the amortization will be adjusted to reflect the true cost of the water line construction Part I of this contract went into effect on the first day of Decem- ber, 1962 During the ten years of this contract minor abatements were made to adjust for the reduced rate system in this contract On the eighth day of January, 1971 a letter was sent to the Board of Selectmen from Mr Clement Dolan, Contracting Officer of the United States Air Force requesting a review of the water line construction costs. 50 Selectmen's Meeting April 16, 1974 On the twelfth day of January, 1971 a letter was sent by the Board to Mr Dolan informing him that I had started a review of the water line construction costs Due to the time that had elapsed since the actual payments had been made, (seven years) and the changes in personnel , (Town of Lexington) facts and charges were very hard to ascertain Much of the material was found in the Town Archives after many hours of searching Other records came from the Comptrollers Office, Town Counsel , Selectmens Meeting Files, and Public Works/Engineering Department Records With these records assembled I compiled a true cost breakdown of the total water line construction I have included this breakdown on an attached sheet In May, 1972 Mr Dolan and I had a meeting to review these costs At that time photostats were made of all pertinent documents and a re- view started by the United States Air Force It was not until October, 1972 that another meeting was held At this meeting the United States Air Force presented their review, and after explanation to certain charges it was mutually agreed that the price I had submitted in May, 1972 was a correct total price for water line construction As you can see the actual cost is considerably lower than the esti- mated cost. With this in mind, Mr Dolan requested that the Town of Lexington do a review of the Water Billing Account from the first day of December, 1962 to the thirtieth day of November, 1972 He also stated that the United States Air Force Finance Section would also do a review and that when completed would notify my office During the period October, 1972, until October, 1973 several meet- ings were held in my office and at L G Hanscom Field Personnel working on this review for the Town of Lexington from my office stayed constant during this period, whereas personnel reviewing this for the United States Air Force did not In June, 1973 Mr Dolan retired from the United States Air Force after a serious illness Due to the closing of the Air Facilities at L.G Hanscom Field, several members of the finance section were transferred. On the ninth day of October, 1973 the United States Air Force sub- mitted the results of their review to the Town of Lexington for comment At this time it was noted that several items previously agreed upon were not included in this review Scott Hawthorne, Captain, United States Air Force who had submitted the review for the United States Air Force was contacted on the nineteenth day of October, 1973 A meeting was held in my office the fifth day of November, 1973 with Captain Hawthorne in attend- ance At this time Captain Hawthorne was informed that the United States Air Force had not paid for water supplied to them from September I , 1972 to September I , 1973 and that the Town of Lexington's records indicated that an abatement would not exceed the amount owed Captain Hawthorne agreed to keep the water charges paid for all monthly billings retroactive to October I , 1973, and to personally expedite this review Two more meetings were held and on February 12, 1974 it was mutually agreed that Selectmen's Meeting April 16, 1974 the United States Air Force was entitled to an abatement in the amount of $30,556.25 for overpayment of their share of water line construc- tion costs It was also mutually agreed that with this abatement applied to the unpaid balance the United States Air Force would owe the Town of Lexington $18,778 32 With all in mutual agreement Captain Hawthorne submitted these facts to the Auditor Generals Office for pay- ment On March 21 , 1974 the Town of Lexington received a check in the amount of $ 18,778 32 from the United States Air Force I now request the Board of Selectmen to grant an abatement in the amount of $30,556 25 so that this matter may be concluded and the United States Air Force water billing accounts be brought up to a current billing status "1 John J McSweeney Director RATE SCHEDULE Part I of this Rate Schedule is applicable to water delivered under this contract during the ten ( 10) year period commencing on the first day of December, 1962, which is the date of the first day of the month follow- ing delivery of water through the new facility Part 11 of this Rate Schedule is applicable to water delivered under this contract during the remaining five (5) years of the contract period PART 1 Rate per 100 cubic feet up to but not $0 3864 exceeding 20,053.500 cubic feet annually Rate per 100 cubic feet in excess of $0 2864 20,053,500 cubic feet annually up to but not exceeding 26.700.000 cubic feet annually Rate per 100 cubic feet in excess of $0 13 26,700,000 cubic feet annually 01564 per 100 cubic feet (waterline construction cost amortization) 200535 x 1564 = $31 ,336 67 26,700,000 -20,053,500 6,646,500 C F 66465 x 1564 = $10.395 13 $41 ,731 80 Per Year $41 ,731 80x 10 Years = $417,318 00 USAF estimated share of waterline construction 5'1)9 Selectmen's Meeting April 16, 1974 PART II Rate per 100 cubic feet up to but $0.23 not exceeding 20,053.500 cubic feet annually Rate per 100 cubic feet in excess $0 13 of 20.053.500 cubic feet annually UTILITY SERVICE CONTRACT - CONTRACT NO AF 19 (628) - 700 Lexington Cost USAF Share Lexington Share M.D C 36" Line from Arlington, Lexington Town Line to Watertown St $ 62 ,668 52 $ 16,293 68 (26%) $ 46,374 84 (74%) M D C 36" Line from Watertown St to Waltham St via Concord Ave $279,268 65 $130,977 16 (46 9%) 148,291 49 (53 I%) Lexington 24" Line from $424,480 91 Waltham St to Mass Ave * 409.354 91 $191 .987 50 (46.9%) 232,493 41 (53 1%) *$15, 126 00 non charge items $766,418 08 $339,258 34 $427, 159 74 Participant M D C , City of Waltham, Town of Lexington and U"S.A F M D C 36" Line from Arlington Town Line to Watertown St $85,847 00 Total Cost (M D C ) $85,847 00 x 73% = $62,668 52 Town of Lexington's Share $62,668 52 x 26% = $16,293 68 U S A F Share Participants M D C , City of Waltham, Town of Lexington and USA F M D C 36" Line from Watertown St to Waltham St via Concord Ave $485,685 00 Total Cost (M D C ) $485,685 00 x 57 5% _ $279,268 65 Town of Lexington's Share $279,268 65x46.9% = $130,977 16 U S A F Share Participants Town of Lexington, USA F 24" Water Contract from Concord Ave to Jean Rd via Waltham St and Prospect Hill Rd 510 Selectmen'seetin April 16, 1974 M i g P $ 2,000 00 Water Study W & H 1 ,395 00 Easements & Damages 387,068 49 Const Cost 34,017 42 Engineering $424,480 91 Total Cost 15 126 00 Non Charge Item - U S.A F (Hydrants, etc ) $409,354 91 Total All Cost $409,354 9I x 46 9% = $191 ,987 50 USA F Shares ABATEMENT #C-37-166 #C-37-375 $30,324 56Arrears $11 ,517 79 Total $ 9.393 89 Current Billing 1 .892 21 $20,930 67 Abatement $ 9,625 58 $20,930 67 - #C37- I66 9 625 58 - #C-37-375 $30,556 25 - TOTAL ABATEMENT Upon motion duly made and seconded, it was voted to sign the follow- ing water abatement Air Base Hanscom Field, Bedford, Mass $20,930 67 Overcharge of share of Air Base Hanscom Field, Bedford, Mass 9,625.58 water line construction $30,556.25 Upon motion duly made and seconded, it was voted to approve the min- Minutes utes of the Selectmen's meetings of November 12, 1973 (Executive); November 19, 1973 November 26, 1973 Upon motion duly made and seconded, it was voted to certify the Cert of character of the following who have applied for Certificate of Incorpor= Incorp ation, and to approve the location at 1912 Massachusetts Avenue, Lexing- ton, as a mail drop only Phyllis Ruth Nygard I Skyview Road Patricia Ann Wood IS Columbus Street Arlene Adams Manning 20 Spring Street Janice M Aldrich 39 York Street "Fish of Lexington, Inc " Drug Mrs Battin gave a report on the Drug Advisory Committee Advisory Dr Monderer, Dr Ellicott, Mr McManus, Mr Perlman andel met on Committee April 3, We did review a statement from the Youth Advisory Commission 1 511 Selectmen's Meeting April 16, 1974 on a proposal for establishing a system of temporary shelters for poten- tial runaways and decided we couldn't approve it because of insufficient supporting information Mr McManus will go to Concord and Mr Perlman to Arlington to explore how similar programs are operating there They will report at our next meeting, April 24 at 5 30 p.m We will then write out what we think a proposal for a temporary shelter program should contain including answers to questions regarding assessment of need, sponsorship, structure of organization, staff operating procedures, record keeping, safeguards for child-parents-host family, screening pro- cedures, responsibility for support services, method of making placements and obtaining parental permission, etc We will return our suggestions to the Youth Advisory Committee stating that we cannot make a recommenda- tion on any proposal until the questions listed above have been answered Chairman Kenney After that, you will be in a position to recom- mend to the Selectmen? Mrs Battin Yes, right now we couldn't Chairman Kenney: Any new proposal that involves youth would go to your Counselor? Mr Busa I would advise that before they go any further it should be referred back to the Youth Advisory Committee Their meet- ing, held in March, was not a formal meeting and the record was not kept as the secretary was not there It should be referred back and have the input of the complete Youth Advisory Committee Mrs Battin We just had a statement from them Mr Busa If it was a statement, it was of a person and not as a vote Mrs Battin If it should be returned to the person, we will do so A good many questions were raised Mr Busa We have questions also The full committee was never invited to discuss it Chairman Kenney to Mrs Battin At this stage, rather than have your committee do any work on it, send the statement back Mrs Battin We will follow that procedure Chairman Kenney read a report from Mr Briggs, Planning Director, regarding Article 102-Wetlands Rezoning, stating that "the rezoning article is a citizens article ( 102) , with the intent of putting a portion of Tophet Swamp in the Wetland Protection District This Article 102 would include the properties of the Campanelli Company However, Wetlands they are exempt from all restrictions of the proposed zoning change, because the Planning Board has approved a definitive subdivision plan for the Campanelli properties on February 2, 1973 Under Chapter 40A, Section 7, any parcel of land that has an approved definitive plan, prior to rezoning, has a seven year vari- ance from complying with the new zones regulations In other words the Campanelli properties are only subject to the existing C M (Manufacturing and Research Park) zoning regulations for the next seven years 51 °2 Selectmen's Meeting April 16, 1974 I have talked with Mr Wilcox and informed him of his rights, regarding this subject " Chairman Kenney We have received similar letters from Tennes- see Gas and Boston Edison, and we have given them this information Chairman Kenney: Does any member of the Board want to support Article 102? Mr Bailey, Mr Busa, and Chairman Kenney agreed not to support Article 102 Mrs Battin I will let you know The Board discussed a request from Dr Mosely of the Bowman Bowman School Playground Committee for the use of Cary Hall on Saturday School May 18, for a benefit concert to raise funds to purchase playground Cary Hall equipment The Board agreed to grant permission for the concert, with no fee for Cary Hall , but the applicant is to pay for the custodian, Policeman, and Fireman on duty Mr O'Connell discussed ambulance fees and recommended, in the interests of the taxpayers, that the fees be increased The current rates are Symmes Hospital-$10 00; Boston Hospitals and Mt Auburn, Cambridge-$12.00, Waltham, Emerson and Choate-$7 00 base plus 35¢ per mile, round trip to the nearest dollar Emerson represents $14.00 to $15 00 charge Present rates yield about $8,000 per year Typical private ambulance rates are Symmes Hospital- $40 00 plus $ I/mile, one way, approximately $45 00; to Boston Hos- pitals-$40 00 plus $1/mile, one way, approximately $55 00. The reasons for the recommended increase are I Riding costs. 2 Although several nearby towns make no charge, there service is mostly limited to service to a hospital within that community Where an out-of-town run applies (such as Concord) the fee charged is more than Lexington's 3 Several towns are considering the addition of a charge or an increase in the present fee 4 Too wide a differ- ence between our emergency service fee and the private fee, increases the pressure for a broader interpretation of what is an emergency. 5. Where theatient has some form of medical insurance, the fee is P recoverable 6. We are receiving some taxpayer comment Upon motion duly made and seconded, it was voted that, effective May 1 , 1974, the following schedule of fees will apply for emergency ambulance service To Symmes Hospital , Arlington $15 00 To Waltham General , Emerson-Concord or Choate-Woburn $17.00 To Boston Hospitals and Mt Auburn Hospital , Cambridge $25 00 I 513 Selectmen's Meeting April 16, 1974 The Board discussed the proposal of the State Department of Public Works and the engineering firm of Tippetts, Abbott, McCarthy, Bedford Street and Stratton concerning the widening of Bedford Street The Board agreed to set up a meeting on May 6 and invite all abutters on Bedford Street, the Planning Board, State DPW representa- tives, and TAMS representatives Mr O'Connell asked the Board to approve the request to the Ap- propriation Committee for a transfer of $1 ,517.27 to Account 5700- Sewer Maintenance As you recall , the Appropriation Committee asked Transfer us to submit bills on a monthly basis, and we have current unpaid Account bills to Hammond Paint and Chemical Co ; New England Telephone and 5700 Systematic Manufacturing for repairing alarm systems at all sewer pumping stations, Boston Edison Co for electrical power Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Account 5700-Sewer Maintenance in the amount of $1 ,517.27 Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting Executive on matters which, if made public, might adversely affect the public Session security, the financial interests of the Town, or the reputation of a person After discussion of matters of financial interest to the Town, and cleaning of brooks, it was voted to go out of Executive Sesssion Upon motion duly made and seconded, it was voted to adjourn at 9.45 p m A true record, Attest C Executive Clerk, Selectmen