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HomeMy WebLinkAbout1973-12-10-BOS-min ,359 Selectmen's Meeting December 10, 1973 A regular meeting was held by the Board of Selectmen in the Select- men's Meeting Room, Town Office Building, on Monday, December 10, 1973, at 7:30 p.m. Present were Chairman Kenney, Mr. Buse, Mr. Brown, and Mrs. Riff in; Mr. O'Connell , Town Manager; Mr. Cohen, Town Counsel ; Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Execu- tive Clerk. Mr. Louis A. Zehner, Town Treasurer, met with the Board to request approval of re-funding a bond anticipation loan. On October I , 1973, we borrowed $200,000 as the initial construction cost of the sewer pro- gram, and that note matures on December 14, 1973. Interest on the original note was at 5.44 percent and the Harvard Trust Company was the original bidder. The low bidder on this loan is the Harvard Trust Com- Town pany at 4.79 percent with the loan dated December 14, 1973 and maturing Treas- on September 13, 1974. Permanent financing of the bond issue comes urer after June 30, 1974 and must be refinanced between July I , 1974 and December 30, 1974. Upon motion duly made and seconded, it was voted to approve re- funding the bond anticipation loan of $200,000 with the Harvard Trust Company, dated December 14, 1973 and maturing September 13, 1974 at the interest rate of 4.79 percent. Mr. Zehner discussed the bids on the printing of the 1973 Town Report. Two bids were received, Semline, Inc. , Braintree for $6,538, and the Acme Printing Company, Medford, for $6,430. Despite the vara- 1973 ance of $108, the recommendation is to award the contract to Semline, Town Inc. as this company has been printing the Town Report for seven years. Report I have checked with Town Counsel Cohen and he informs me that although the State requires awarding to low bidders, it does not apply to municipalities. Upon motion duly made and seconded, it was voted to award the contract to Semline, Inc. for printing the 1973 Town Report at a base price of $6,538. Mr. O'Connell requested approval of a transfer in the amount of $1 ,900 to cover the purchase of storm windows for the new section of Transfer the Town Office Building, for the clerical office side of the Police Request Station, and replacing some on the corner of the older section of- the Town Office Building. Upon motion duly made and seconded, it was voted to request ap- proval of the Appropriation Committee for a transfer to Account 5250„ in the amount of $1 ,900 for storm windows. Mr. O'Connell discussed the use of Cary Hall. It requires 5,600 Energy gallons of oil per month to heat Cary Hall during December, January, and Cary Hall February and it is recommended that the Board vote that all reservations be subject to possible cancellation, and all groups be advised accordingly. 360 Selectmen's Meeting December 10, 1973 d r n The Board agreed to cancel all reservations for Cary Hall d T g January and February. A letter is to be sent to the Cary Lecture Committee that they investigate other locations for the program scheduled for February. Also., the Senior Citizens are to be con- tacted and requested to make other arrangements for their meetings. Mr. O'Connell informed the Board that he had received a leiter Energy Cary from Mr. Bailey, as President of the Library Trustees, stating that Library they have examined their problem and do not feel that further reduc- tions in the use of energy in the library are feasible. The recommendation from a consultant is not to take the building below 60 degrees. Also, the Trustees feel that now that travel has been cur- tailed, people would make more use of the library. Mr. O'Connell advised the Board that he had talked with thefederal agency regarding National Flood Insurance and was informally told that they didn't think Lexington had enough to warrant it. The Town will have to make a decision if we are going to apply and this would mean National agreeing to support suitable action to adopt land use measures to Flood control flooding. I understand that the federal government would make Insurance an engineering study and make these areas subject to flooding insurance on a 100-year basis; then come back as to what measures to make people in the areas eligible for national flooding insurance. One of the things is the addition of a building permit, so perhaps it could in- volve Town Meeting vote; this could lead to some substantial commit- ments for the Town. Chairman Kenney: What is the net gain? Mr. O'Connell; The present owners of buildings in the Topkuet Swamp area would become eligible to take out national flood insurance at the rates calculated by the federal government. If someone applied to a bank for a mortgage on a building within that area, until he met all the requirements under the insurance program, he could not get the mortgage because it would lie within the area designated by the federal government. Chairman Kenney If we are talking about wet basements, wereally don't have a set of conditions which would warrant that type of insur- ance. The Board agreed. Chairman Kenney discussed the Lexington Golf Club sewer betterment Lexington assessments. In October, Mr. McSweeney informed us that there was an Golf Club old sewer betterment assessment of $1 ,400 which had been deferred but Sewer his department could find no record of it being deferred again after Betterments 1960, when the last known deferment had expired. The second sewer betterment was committed July 27, 1970 for $1 ,331.41 and was deferred by the Board on December 14, 1970 and expires on December 13, 1973. We have had a request for deferment of a sewer betterment which was committed on September 10, 1973 for $3,061 ,68. The Lexington Golf Club Selectmen's Meeting December 10, 1973 has- paid the sewer betterment assessment of $1 ,400. On December 4, 1973, we received a letter regarding the betterment assessments of $1 ,331.41 and $3,061.68, stating that "they represent assessments of betterments to our vacant land along Hill Street for sewer lines run- ning away from the Club House toward Cedar Street. We seriously question this work being construed as a betterment to club property considering the use made of said land now and in the foreseeable future. To that end we have engaged legal counsel who will confer with the Town Counsel should such action appear warranted. Also, the Town Conservation Board is in the process of negotiating with us for a permanent easement of all Hill Street frontage which would forever pre- clude the use of land for housing. in view of the above, fairness seems to call for at least postponement of the listed charges until the matters referred to are brought to a conclusion." Chairman Kenney read a report from Mr. McSweeney stating that this property has been properly assessed according to our usual standard procedures. I agree that if the complainant has a question of legal interpretation, that they engage legal counsel and confer with Town Counsel. The• same would hold true with regards to the perma- nent conservation easement along their Hifi Street frohtage, which they are negotiating with the Town Conservation Commission. This is a separate issue entirely, which has no bearing on. the implementation of the Betterment Act. Chairman Kenney These are legally assessed betterments. Do you want to give them a deferment? The Board agreed to grant a deferment for three years. Upon motion duly made and seconded, it was voted, under the pro- visions of Chapter 159 of the Acts of 1950, to defer payment, without interest, of sewer betterment assessments in the amounts of $1 ,331 ,41 and $3,061.68 levied against the property located on lot 58/27 Hill Street, owned by the Lexington Golf Club. These deferments expire at the end of December, 1976 or until said land or any part thereof is built upon or sold, whichever event occurs first and this extension of time shall terminate immediately if said land or any portion thereof is built upon or sold. Chairman Kenney read a letter from Mr. Joseph O. Rooney, Chairman, Lexington Housing Authority, requesting that the Town plow and sand the streets of Vynebrooke Village for the elderly. The letter also states Snow- that since Greeley Village has been opened in 1968, the Town has plowed Plowing and sanded the street, and the Housing Authority has plowed and sanded Vynebrooke its sidewalks and entrance walks. We understand that this has not Village been done on a high priority basis as we do not have residents that have to be to work or school at specific times. We must be sure the road and sidewalks are cleared to permit access for emergency and ser- vice vehicles. A report was read from Mr. McSweeney stating that the Authority's reference to Greeley Village being currently listed on our snowplowing i 362 Selectmen's Meeting December 10, 1973 route came about as a decision of the Board of Selectmen in 1968. At that time, it was expected that the roadway within Greeley Village would be laid out and constructed to Town standards and voted by the Board to present to Town Meeting for acceptance. This was never followed up by the. Lexington Housing Authority. The reason for this was that the Town's policy is to plow public ways, unaccepted streets (open to public travel ) , Town-owned property, such as schools, libra- ries, town offices, cemeteries, parking and roadway areas. It is not the town's policy to include in its snow removal operation private property such as churches, apartments, nursing homes, and businesses. There have been some exceptions made by the Board of Selectmen to the Town-owned policy by adding to our snowplowing list the Mystic Valley Mental Health, Visiting Nurses, and the Red Cross. If the Board feels, after reviewing this report, that Vynebrook Village should be added to our snowplowing routes for that area, we see no problem in granting this request. Mr. O'Connell : They said they have no funds to maintain the roadway and there should be a clear understanding here. Snowplowing happens to be the first service that comes up. I am sympathetic to the need but I think this leads further to the question of mainten- ance. Also, I have had a call from Mr. Rooney to see if the Town will paint curb breaks. Chairman Kenney I think your caution is well founded but we will write a letter that the Town will clear out the roadway. Mr. McSweeney: I would also like the Board to know they have asked for markers to outline the driveway getting into the project. Upon motion duly made and seconded, it was voted to inform the Lexington Housing Authority of the following conditions regarding snowplowing of Vynebrooke Village. I . The Department of public Works will plow the roadways only. It is not our intent to clear out the parking areas or the sidewalks. 2. We are assuming no responsibility for the maintenance of the roadway. 3. It is recommended that the Lexington Housing Authority set up guide markers to outline the roadway. Sewer E, Chairman Kenney read, a recommendation from Mr. James E. Chase, Temporary Town Engineer, to vote an intent to take sewer and temporary construc- Construction tion easments. Easements Upon motion duly made and seconded, it was voted an intent to Contract take the following easements 73-7-E I . A 20 ft. permanent and two 15 ft. temporary easements for the construction of the Blossom Street Interceptor between Blossom Street and Lawn Avenue. Selectmen's Meeting December 10, 1973 2. A 15 ft. temporary tem orar easement for the construction of sewer from Lowell Street to Summer Street. 3, A 15 ft. temporary easement for the reconstruction of the pumping station at Constitution Road. Upon motion duly made and seconded, it was voted to accept the Water recommendation of the Director of Public Works/Engineering to abate Abate- the following water bills: ments A. Murray McAdam 618-620 Mass. Ave. $110.76 Wrong meter reading 99 Gladys Wiggins 26- 28 Bow St. 46.77 " If PI Edwin Cox 10 Tower Rd. 31.46 " " " Joseph P. Waddleton II Norton Rd. 35.00 Meter taken out in '71 Lexington 690.00 Wrong meter reading Indoor Tennis Club Upon motion duly made and seconded, it was voted to sign the re- Cert. of quest from Secretary Davoren to approve the address at 2 Hayes Lane for Incorp. the Certificate of Incorporation for Lexington Veterans of Foreign Wars, Inc. The Board discussed the request from the Town Clerk to eliminate Town precinct registrations prior to the Annual Town Election. Clerk Upon motion duly made and seconded, it was voted to approve the request of the Town Clerk to eliminate precinct registrations prior to the Annual Town Election and all registrations are to be held in the Office of the Town Clerk. Chairman Kenney read a request from the Board of Retirement to ap- Teacher prove the retirement of H. John Adzigian, Teacher. Retire- Upon motion duly made and seconded, it was voted to approve the ment retirement of H. John Adzigian, Teacher in the Lexington Public Schools Non-Con. since September I , 1941 , under Section 58 (b) of Chapter 32 of the Funds General Laws - Veterans' Section, effective as of November 15, 1973; funds to be used from Account No. 7825-Non-Contributory Pension Funds, approved by the 1973 Annual Town Meeting. Chairman Kenney read a letter from Mrs. Edmund Bamberg stating that Temple the Sisterhood of Temple Isaiah would like to hold a Fair and Flea Isaiah Market this spring, open to the public, on Lincoln Field. Lincoln Mr. O'Connell : You have turned the field over to the Recreation Recrea- Committee, and I would recommend a Police detail. tion It was agreed to inform Mrs. Bamberg that the Board had no objec- Area tion to the Sisterhood of Temple Isaiah conducting a Fair and Flea Market at the Lincoln Street recreation area next spring but as the area is under the jurisdiction of the Recreation Committee it is racoon- mended that a letter be written to the Chairman of the Recreation Com- mittee requesting approval of plans for the use of the grounds. 364 Selectmen's Meeting December 10, 1973 Chairman Kenney read a request from Mrs. Grosser, Chairman Pre- cinct 3, for consideration of a change in the polling place at Precinct 3 Bridge School. Polling Chairman Kenney: The only alternatives would be Franklin and Place Clarke Junior High. Mr. O'Connell : The Board will recall that we recommended Clarke and didn't approve it because of the feeling of the School Committee. Chairman Kenney: What about the Franklin School? Mr. O'Connell I can look into it. Upon motion duly made and seconded, It was voted to sign 1974 liquor licenses for the following (renewals) Common Victualler Address Lexington Enterprises Inc. 27 Waltham Street 1974 Bora-Bora, Inc. 177 Massachusetts Avenue Liquor LeBellecour Restaurant 10-12 Muzzey Street Licenses Clubs Address Lexington Order of Elks 02204 95.9 Waltham Street Knights of Columbus Council 094 177 Bedford Street The Board agreed to approve Mr. Busa's request to sign change Orders for the Buckman Tavern. Upon motion duly made and seconded, it was voted to sign the follow- ing: Buckman Tavern Chanae Order No 3 for repair and control work by Thomas O'Connor 1. Co. Change by deducting $17.00 from the contract, with a new total of $85,231.81. Orders The changes are: I. Omit K13 insulation $900.00 Deduction 2. Additional painting requested 883.00 $ 17.00 Deduction Change Order No. I for repair and control work of rear shed by R. M. Wood Products, Inc. by deducting $76.00 from the contract, with a new total of $7,649.00. The changes are I. Omit painting of rear shed $ 725.00 Deduction 2. Change sprinkler system 649.00 $ 76.00 Deduction Boston Mr. O'Connell informed the Board that Boston Edison is willing to Edison Lot lease to the Town the lot behind their building on Massachusetts Avene. Chairman Kenney We should look into preliminary estimates to see what it would cost for a parking lot The Board agreed. 365 Selectmen's Meeting December 10, 1973 Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on Executive matters which, if made public, might adversely affect the public secu- Session rity, financial interests of the Town or the reputation of a person. After discussion of matters concerning safety measures for public school buildings, personnel , and financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10:25 p.m. A true record, Attest: Executive Clerk, Selectmen