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HomeMy WebLinkAbout1972-12-18-BOS-min 1 SELECTMEN' S MEETING December 18, 1972 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday evening, December 18, 1972, at 7 30 P.M Chairman Kenney, Messrs. Bailey, Busa and Brown; Mr. O 'Connell, Town Manager; Mr. Cohen, Town Counsel; Mrs McCurdy, Executive Clerk, were present. Mr. O 'Connell informed the Board that the contract between the Town and the Department of Public Works is ready for joint signatures. He introduced James H Graham, President, and James M. McLaughlin, Secretary, of Local 1703, American Federa- tion of State, County and Municipal Employees, AFL-CIO, State Council No. 41 , and John H. Danielson, Representative of State Council No. 41, who will sign for the Union. DPW Upon motion duly made and seconded, it was voted to sign Union the agreement between the Town of Lexington and the American Federation of State, County and Municipal Employees, AFL-CIO, Mass. State Council 641, Local #1703, for the period of April 1, 1972 to March 31, 1974. Chairman Kenney: In general, we are very pleased to sign the contract and look forward to the next two years of mutual association Mr Danielson It was a pleasure to sit down with all the people involved and I have never seen a problem that couldn' t be resolved by sitting down with Mr Busa and Mr. O 'Connell Mr. O 'Connell informed the Board that a letter has been received from the Department of the Treasury, IRS District School Director Williams , replying to Mr Perry and covering the ruling Supt. ' s on the matter of the School Superintendent' s salary, as follows Salary "This letter is in response to your correspondence of 1 Dec ember 6 , 1972 in which you requested a determination con- cerning the appropriate employee unit to which the Superin- tendent of Schools belongs In your letter you state that the "Superintendent' s salary has traditionally been voted separately by the School Committee" You also indicate that the Superintendent' s pay raises generally take effect on February 1, as opposed to the September 1 date for other School personnel. 111 2 Selectmen's Meeting December 18, 1972 Based upon the information furnished, it is the determination of this office that the Superintendent's position constitutes a separate appro- priate employee unit, within the intent of 6 CFR 201 .2, and is not part of a unit containing other employees of the School Department. According to the regulations, the maximum permissible wage and salary increase for an appropriate employee unit is 5.5%. Therefore, a 10% salary increment for the Superintendent would be in excess of the general standard and is not allowable. This letter supersedes any prior correspondence from this office pertaining to this matter. The regulations require you to notify immediately all other persons affected by this decision. Your notification should include the nature of the decision, the date of service, and information about the avail- ability for inspection of this decision. If an appropriate employee unit not represented by a collective bargaining agent is affected by this decision, your notification must be posted at the job site for 30 consecutive days after service. However, if the persons affected in- clude an employer, employer association, or collective bargaining agent of an employee unit, your notification should be mailed or hand-delivered. If you do not agree with our decision, you have the right to appeal. The enclosed notice explains appeals procedures. Your appeal and any additional information you would like us to consider should be submitted within 30 days from the date this letter is served on you." Chairman Kenney: There is a possibility that we will be requested to make an appeal. We will wait for further information. Mr. O'Connell informed the Board that we have received settlement of High $46,744 for the High School fire loss on March 2, 1971. There was a School $1 ,200 deductible and $47,944 represents the actual full cost of building Fire repair and replacement of materials destroyed. Insurance We have received a dividend of $4,979 which represents a participa- tion dividend applicable to the 1971 policy. Due to the efforts of Mr. Stolz of Brewer d Lord, we will receive a refund of $1 ,236 for correction of a classification error. The E & D fund will have received credit of over $50,000 on insurance matters. Mr. O'Connell requested the Board to approve the following transfers Transfer $50 to Account No. 1550 - Board of Appeals as advertising expenses Board of were more than anticipated. Appeals Upon motion duly made and seconded, it was voted to request the Appro- priation Committee for a transfer from E & D to Account No. 1550 in the amount of $50. 1 3 Selectmen's Meeting December 18, 1972 III $1 ,500 to Account No. 1090 - Professional Services to cover the cost of planning service of Charles Downe per contract arrangement during the Transfer period we were without a Planning Director. A new Planning Director has Professional been hired as of December 15; Mr. Downe's services would terminate on Services December 31 , 1972. This interim arrangement of using the services of a consultant on a schedule of 11/2 days per week will have cost the Town approximately $5,000 for 6 months' services. The offset represented by savings of Planning Director's salary is about $9,000. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from E & D to Account No. 1090 in the amount of $1 ,500. $1 ,000 to Account No. 1125 - Police and Fire Medical . Alt of the expenses to date have been for medical services due to injuries. There Transfer have been two serious and many minor injuries this year. We estimate Police and another $200 for bills in process, plus December needs. The balance Fire available for physical examinations would be $538 and there is an out- Medical standing bill for Police Department physicals for about $750. When it was decided in 1972 to have annual examinations, we budgeted approximately $1 ,300 to do one-half of the Fire Department men, and we are now ready to go forward. This is part of our agreement with the Union. The estimated cost of a routine examination for 15 men at $20 is $300; examination for those over age 40 for 13 men at $50 is $650; total of $950. Chairman Kenney Will the examinations be done this year? Mr. O'Connell Yes. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer to Account No. 1125 - Police and Fire Medical , in the amount of $1 ,000. $2,000 to Account No. 5700 - Sewer Maintenance to pay for additional expenses that were incurred in the operation of the North Lexington Pump- Transfer ing Station and to repair the major breakdowns at Constitution and Sewer Worthen Road Pumping Station. It was agreed with the Appropriation Com- Maintenance mittee to submit the bills as they are received, and the bills are for utilities. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer to Account No. 5700 - Sewer Maintenance, in the amount of $2,000. Mr. Roland B. Greeley, Chairman, and Mr. Malcolm E. Graf of the Street and Sidewalk Design Advisory Committee met with the Board. Mr. Greeley read the following report from the Committee on the reconstruction of Spring Street Spring St. Reconstruc- "Following evaluation of the evidence submitted at the three Infor- tion mation Meetings and in the Questionnaires, and after careful study of the 3 alternative schemes submitted by the Town Engineer, we submit the follow- ing recommendations 4 Selectmen's Meeting December 18, 1972 I) That Spring Street be reconstructed with a roadway width of 24' , substantially as shown in Scheme B; 2) That there be a sidewalk on the odd-numbered side of the street, with a grass-strip between the sidewalk and the roadway pave- ment, except in relatively few places' where it may be desirable to bring the sidewalk out to the roadway to save significant trees. We are prepared to discuss specific changes inAalign- ment at the appropriate time; but we suggest more careful engineering study of this problem before final decisions are made; 3) That sloping curbing be provided throughout -- probably granite block set at a 45-degree angle; 4) That the Town implement an imaginative program of tree-planting along the street, especially where trees will have been removed, 5) That there be formal recognition, from the outset, that the Town intends to prohibit parking at the curb, on both sides of the Street, at least during morning and late afternoon rush hours; 6) That assessment of betterments for the cost of the sidewalk be levied against abutters on both sides of the Street; or, if that appears infeasible, that there be no betterments assessed. We recommend against the expedient of so-called Scheme D -- that is settling for simple re-surfacing at this time. This would merely post- pone all the basic decision problems, with the high probability of causing similar distress 5 to 6 years hence, and with a continuation of unsatisfactory continuation of storm-drainage, erosion, pedestrian safety, ' informal ' parking, and (probably) maintenance problems in the meantime." Mr Bailey Then you like a 24 ft pavement. Mr. Greeley It is highly debatable whether it would be safer with a 30 ft. pavement, a narrow street will sufficiently inhibit speed. As you know, the residents feel strongly that a narrow pavement would reduce traffic speed at the narrow width . Assuming there were a wider width, there would be parking on one side Mr Bailey Does your committee have any opinion on the cost ef- fect, which is something like $200,000 All we are going to buy for that, fundamentally, is a sidewalk, better storm drainage, elimination of former parking, and maintenance Does this look like an effective cost? Mr Greeley I don't like the way you state it The street will carry heavy traffic You should build the street right Mr Bailey It is silly to put $200,000 on a 24 ft. pavement and end up with the same thing 6 e7 Selectmen's Meeting December 18, 1972 Ill Mr. Greeley Not in our estimation. I am very much persuaded by the psychology of the driving habits of people coming off the ex- pressway and you would have the situation of it being wide enough for a drag strip. A narrower width would at least be conducive to safety. Mr. Buse I just can't grasp your theory. If this is so, I would rather give them a wider road than funnel them into a narrow road. Braking creates hazards. Mr Greeley I realize your argument but the width of the pave- ment is one of the minor factors. There are things like sub-grading, handling of drainage, etc. , that total up to what we mean by doing it right. Mr. Brown How long would it last to build it right? Mr. McSweeney I would say you would expect to get 10 years out of the pavement; you could get three layers in there and you could get 30 or 40' years out of it. Mr. Brown If you resurface it, we would have to go back again to build it right. Mr. McSweeney I agree with M . Greeley to build it right. Mr. Greeley To resurface it now, it would have to have signifi- cant attention in 5 years. Maybe the standard$ for Chapter 90 will have changed in 5 years. Chairman Kenney We have received a petition signed by 50 residents of Spring Street, stating "We the undersigned support the following recommendations for Spring Street I . Resurface the roadway and make the necesssry alterations for drainage. 2. Repair the drainage system where there are major problems. 3. Construct a sidewalk, on the odd-numbered side of the street, that avoids the trees and is away from the roadway wherever possible. 4. 'Lexington' berm curbing only where necessary." Chairman Kenney If we were going for Scheme D, which is just for resurfacing, item I would cover this, we would do minimal drainage; we would consider this an application for a sidewalk and they would be considered along with the others, there wouldn't be much curbing. This petition has come in and would be more than the $15,000 we talked about for Spring Street. They knew $15,000 included no sidewalk. What would it cost to resurface and correct several major drainage problems? Mr. McSweeney The best estimate is about $25,000 to $30,000, including some berm to stop erosion coming down Hudson Road. Chairman Kenney The Board has to look at, in essence, $200,000 III on the tax rate. This project doesn't have priority on our capital expenditures. We would do a reasonable cleanup job and see what happens on our major efforts under Chapter 90, perhaps we would then rebuild it. Selectmen's Meeting December 18, 1972 Chairman Kenney to Mr Greeley Is your committee unanimous in III its recommendations? Mr. Greeley Yes. You think it is inadvisable to spehd this much money for improving it with a 24 ft. pavement, you would come to the same conclusion with a 30 ft. pavement. Chairman Kenney If we had to pay for it? I can't see the Town spending $200,000 at this time on Spring Street. We are rapidly ap- proaching the end of having any street in this Town under Chapter 90. Mr. Greeley We are going to stop improving the street until the County improves its standards. Chairman Kenney I agree. Mr. Graf I wonder how long it will be until people dictate. how wide the street is to be? Sooner or later, by bending these two standards . . . . where do you stop bending? Chairman Kenney Good question. Somebody has very different points of view; namely, your committee and state standards. Mr. Greeley I think we should make a formal presentation to the state on standards. It is desirable to make an overt effort to get the state standards changed. Cbai:rman Kenney That is a good suggestion. Is it the consensus of the Board to resurface Spring Street? The Board agreed. Mr. McSweeney We can include it under resurfacing and also in- clude minimal drainage. Upon motion duly made and seconded, it was voted to instruct the Director of Public Works to include, in the budget, improvements on Spring Street of resurfacing and minimal drainage; not to exceed $25,000. Chairman Kenney We can go to Commissioner Campbell and request Chapter 90 that he re-examine the criteria for Chapter 90. Standards Mr. O'Connell The State would listen more if we asked for a new category for streets, not to change the 30 ft. standards but as it would apply for a neighborhood street that has to carry through- traffic. To see if they would recognize that as a new category under Chapter 90, with different standards. The Board agreed to approach Commissioner Campbell on a new category under Chapter 90. Upon motion duly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing, deliberating or Session 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 of financial interest to the Town, it was voted to go out of Executive Session and resume the open meeting. Selectmen's Meeting December 18, 1972 The Appropriation Committee, Mr. Butters, President of the Histor- ical Society, Mr. Cataldo and Mr. DiNapoli met with the Board to discuss repairs to Buckman Tavern. Chairman Kenney We have heard your presentation to us on the Buckman Tavern and have looked at the timetable involved to appropriate money and a method of transfer in order to be ready for a construction- type article for 1973 that would be a feasible one. Mr. Furash How much money are you talking? Mr. O'Connell I have used the figure of $8,500, $5,000 for Mr. Muirhead's services; $3,000 for services of the Engineering Design Group, $500 for construction bid expenses. This money would cover anticipated costs of professional services to complete the engineel-ing plans and specifications for renovation of Buckman Tavern above the foundation level. A survey conducted by Mr. Muirhead with Mr DiNapoli of the Engineering Design Group confirms the need for major replacement of the buildings, framework and roof, together with considerable in- terior framing replacement. Replacement of the hearing system may be necessary. A very preliminary estimate of probable reconstruction cost is $100,000. The project would be eligible for consideration of 50 percent matching Federal funds under the HUD open space program. If authorized by Town Meeting, application for matching funds to cover Buckman design and construction (but possibly not preservation) would be made Tavern in May, 1973. Funding, if approved, would be made in the fall of 1973. Repairs Mr. Furash Do you plan to use an architect on this? Mr. O'Connell We plan to pick up where the Historical Society left off. They used Mr. Muirhead and he would work with the Engineer- ing Design Group. From this, the result would be that they produce a set of plans and Mr. Muirhead would prepare the specifications. Mr. Furash Whose responsibility would it be? Mr. O'Connell If it is the responsibility of the Town Manager, I would suggest to the Historical Society to have a committee and we would handle the contract. Mr. Furash Does this not fall under the Permanent Building Committee? Mr. O'Connell I would say no. Chairman Kenney We discussed this last week and the answer is no. Mr. O'Connell: If we get competent people .... Mr. Furash The purpose is to have the building restored. I am talking about appearance in relation to Town Meeting, and the subject which is near and dear to their hearts is the Permanent Building Com- mittee; if they want to sign off I think the matter ought to be dealt with as soon as possible. Mr. O'Connell I would bring you up to date on Federal funds. We discussed the possibility of whether the Historical Society could use Federal funds. There are sources of money available via the National Park Services, which gets $30,000 to $40,000 annually, but S Selectmen's Meeting December 18, 1972 applications are in excess of $100,000, so we would have to forget it. There is another one through HUD via open space; it is a block-grant program and has $3 M. per year for Massachusetts and Rhode Island funding; however, all are 1972 allocated and the next one is for July, 1973 for applications in Massachusetts. The earliest funding date would be in the fall of 1973. Any work done prior to that would not be eligible for matching funds. As Mr Cataldo has said, preservation work might have to be separate; only design can be re- imbursed after the fact. If we were successful , we would get 50 percent of design money. Mr. Furash Our committee sees no problem, considering the fact that this is an extraordinary and unforeseen event. We would encourage reimbursement to come under the law to maintain a site of national interest but it is not inconsistent for the Town to main- tain it because of historical origin in Lexington. The only thing that remains in our minds is the way the project is engineered should be clearly understood. If you can work it out to the satis- faction of the parties involved to get it done historically and properly, we see no problem. Chairman Kenney We could forward our request for the transfer to you and talk with the Chairman of the Permanent Building Committee; at that point, make a decision on which way to go. Mr. O'Connell The Permanent Building Committee is going to be rather busy and we should augment the committee and use the agency of the Historical Society. Mr. Furash We think it ought to be worked out concurrently with the funding. Mr. O'Connell We are a little in the dark about the money. Mr. Furash Your current estimate is $100,000 and your request to us is a transfer of $8,500. Mr. O'Connell We haven't much to say that is a very solid figure. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from E & D to Account 1090- Professional Services, in the amount of $8,500. The- Board agreed that Mr. O'Connell is tobring the request for transfer of $8,500 to the Appropriation Committee this evening Mr. Furash requested the Board to consider putting an Article in the Warrant to change the date of Town Meeting. Arti.cie Chairman Kenney I think it would be premature as I feel you Town Meeting need somebody to look into it. Date Change Mr. Furash We request that you consider whether you want to put an Article in to study. The Board agreed. The Appropriation Committee retired from the meeting. I 9 Selectmen's Meeting December 18, 1972 The Board' discussed the change from six to nine precincts in the Town. It was agreed to notify each voter of his proper precinct and Re- voting place in the Town. Precincting Mr. O'Connell agreed to prepare theP urchase order to encumber Notification Account 1900, Selectmen's Elections Account, to M. Stieffel Asso- to Voters ciates, Chelmsford, to cover the cost of supplying, printing and addressing approximately 19,000 Lexington precinct notification post- cards, with a total price not to exceed $2,500, including postage. Chairman Kenney informed the Board that a request has been re- ceived from the Bicentennial Committee to appoint Stephen Politi a member and Vice Chairman of the Committee, also to appoint Mark Appointments Nichipor an ad hoc member of the Committee representing the youth of Bicentennial the Town. Committee Upon motion duly made and seconded, it was voted to appoint Stephen Politi a member of the Lexington Bicentennial Committee, and to appoint Mark Nichipor an ad hoc member of the Lexington Bicenten- nial Committee representing the youth of the Town. Chairman Kenney read a request from E. Conrad Levy for a drain connection to II Constitution Road on the property owned by James J. Myers. It is proposed to connect three pipes that pick up a periph- eral foundation drain at the above-mentioned address and discharge these collective waters into a catch basin. These pipes are exposed at the apron of the garage and presently discharge over an "as yet" unpaved driveway into the road. The uplands to the rear of these Myers premises continually discharge water over the surface and through Drain the water table into the foundation area. The house is properly Connection connected to the sanitary sewer in the road and these waters are in no way contaminated from this dwelling. We request authorization to proceed with this plan. A report from the Director of Public Works was read stating that the plans have been reviewed and it is felt that this method should help eliminate Mr. Myers' drainage condition. The Town has experi- enced icing conditions in the roadway in this area caused by runoff from the hill behind the Myers' property and this connection may help relieve a portion of this problem. It is recommended that Mr. Myers be granted permission to connect the proposed drain into the existing catch basin, subject to conditions. Upon motion duly made and seconded, it was voted to grant per- mission to James J. Myers, II Constitution Road, to connect the proposed drain into the existing catch basin, subject to the follow- ing conditions Cl) Mr. Myers is to contract with one of the contractors from our approved drain layers list. Selectmen's Meeting December 18, 1972 (2) All necessary permits are to be acquired prior to commence- ment of work. (3) That the work conform to the standard specifications of the Town of Lexington Engineering Department. Chairman Kenney read a request from Joseph E. Trodella for an extension of the water main to service Lot #7 Ridge Road. Trodella A report from the Director of Public Works/Engineering was Water read, stating that since the previous water main appropriations Connection have been expended, and anticipated 1973 funds have been allocated to the Highland Avenue area, we recommend that the developer investi- gate alternative methods of servicing the lot. Upon motion duly made and seconded, it was voted to accept the recommendation of the Director of Public Works/Engineering, and to inform Mr. Trodella that he may reapply in 1974 if he so desires. Chairman Kenney read a letter from Louis Ricci of Ricci Bros. Inc. , 609 Waltham Street, stating that he had received the sewer Ricci betterment assessment of $932. 16 for Lot 15, Assessors Map 5, Sewer Waltham Street. In regard to the sewer line and where we are located Assessment it is impossible for us to hook onto that line. We feel at this time that when our land is ever to be developed, which would be some time yet, then and only then we would be able to take advantage of the sewer line. Upon motion duly made and seconded, it was voted to defer pay- ment of the sewer betterment assessment Of $932. 16 against property owned by Louis, Joseph, Fred and Charles M. Ricci , Tenants in Common and located on Lot 15, Assessors' Map 5, Waltham Street, without interest, until said land or any part thereof is built upon, sold or until the expiration of three years from the date hereof, which- ever event occurs first; provided, however, that this extension of time shall terminate immediately if said land or any portion thereof is built upon or sold. Upon motion duly made and seconded, it was voted to sign the following licenses: Common Victualler Common Arno Associates 32.1 Woburn Street Victualler Geoffory's Pharmacy 411 Waltham Street Licenses Howard Johnson's Route 128 Lexington Enterprises (Peking Gardens) 27 Waltham Street Old Lexington Restaurant (Mario's) 1753 Massachusetts Ave. Minute Man Restaurant 1715 Massachusetts Ave. Pine Meadows Golf Club Cedar Street it 11 Selectmen's Meeting December 18, 1972 Take Home Foods of Lexington 211 Massachusetts Ave Woodhaven Country Store 424 Marrett Road Brigham's 1775 Massachusetts Ave. Buttricks 34 Bedford Street Friendly's 66 Bedford Street Innholder liquor License RHD Realty & Development Corporation 1720 Massachusetts Ave. (Battle Green Inn) Hours: Weekdays from II 00 A.M. to II 00 P.M.; Sundays from 100 P.M. Liquor- Licenses to II 00 P.M. as long as dining room is open but not later than 11 00 P.M. The Dunfey Corporation d/b/a 727 Marrett Road Sheraton Lexington Motor Inn Hours II 00 A.M. to 12 00 M. 7 days a week as long as dining roan is open but not later than 12 00 M. Chairman Kenney informed the Board that Bamboo Gardens, Inc., formerly the Bamboo Hut, wishes to open this week. The Board of Health recommends that the license be granted subject to final in- spection and approval by them. The hours for the Bamboo Hut were Common for 100 A.M. closing. Victualler Mr. Busa Bring them back down to 12 00 M. and, if there are Bamboo no complaints, we can review it. Gardens Upon motion duly made and seconded, it was voted to sign the Common Victualler license for the Bamboo Garden, Inc. , subject to final inspection and approval by the Board of Health, and including the stipulation that the hours of operation cease at 12 00 Midnight. Chairman Kenney read a letter from the Executive Committee of the Town Meeting Members Association making a formal request to place TMMA an Article in the Warrant "To permit a poll of the meeting at the re,T Article quest of less than the majority of members present." We would like a ruling on whether the Selectmen will take this By-Law change under their sponsorship or whether they would prefer this to come into their hands as a citizens' article. The Board agreed to inform TMMA that it should be submitted as a citizens' article. Chairman Kenney read a memo from Selectman Brown stating that he Route 2 had attended a meeting on December 15 in DPW Commissioner Bruce Environ- Campbell 's office to discuss the, Draft Environmental Impact Statement mental for Route 2. The meeting was attended by representatives from the Impact Boards of Selectmen of Acton, Concord, Lexington, and Bedford, along AL2 Selectmen's Meeting December 18, 1972 with such agencies as the Mass. Port Authority, Hanscom Field, SILC, and the Minute Man National Historic Park. Commissioner Campbell made comments on the material received from each town and requested further information in those cases where towns had not supplied all the information that Mr. Campbell wished. Directing his specific comment to Lexington; he made three requests 1. He wished a report from the Planning Board stating their position on the whole feeder road concept from Routes 4 and 225 to the interchange of Routes 2 and 128 including the relocation of Route 2A and Massachusetts Avenue exten- sion about which they have already commented. 2. Hartwell Avenue Connector He suggested that a meeting be arranged between the State DPW, SILC and the Town of Lexington representative. 3. He wished to be informed on Lexington's view on the Red Line extension to Route 128 and the impact of Route 2 on plan. The Board agreed to write to Commissioner Campbell informing him that the Board will assemble the information he has requested and will forward it to him as soon as possible. Upon motion duly made and seconded, it was voted to adjourn at 10 10 P.M. A true record, Attest JExecutive Clerk Selec I