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HomeMy WebLinkAbout1972-11-27-BOS-min EG9 SELECTMEN'S MEETING November 27, 1972 A regular meeting of the Board of Selectmen was held in the Select- men's Room, Town Office Building, on Monday evening, November 27, 1972, at 7 30 p.m. Chairman Kenney, Messrs Bailey, Buse, Brown and Mrs. Riff in, Mr O'Connell , Town Manager, Mr Cohen, Town Counsel ; Mr. McSweeney, Director of Public Works; Mrs McCurdy, Executive Clerk, were present. Mr O'Connell recommended that the Board approve three transfer requests A request from the Comptroller for $800 to Account No. 2935-Copier Supplies. We had forecast $1 ,000 for the balance of the Transfer year but the request i5 for $800 Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Account No. 2935-Copier Supplies, in the amount of $800. The Director of Public Works requests a transfer of $8,000 to Account No. 5500-Snow Removal . Mr McSweeney has used the figure based on $4,600 for bills on hand; there is a bill in process for Transfer $1 ,300 for salt, making a total of $5,900. He has a current balance of $4,548 but $4, 100 of this is committed for two new sanders We felt there ought to be some minimum balance in the account, and it would give $2,500 for small emergency requirements. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Account No. 5500-Snow Removal , in the amount of $8,000. The Director of Public Works requests a transfer of $1,691 .69 to Account 5700-Sewer Maintenance. The forecast was for $15,000; the first request was for $4,700 and $1,691 .69 would be for the Transfer second group of bills incurred in the operation of the North Lexing- ton Pumping Station. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to Account No 5700-Sewer Maintenance, in the amount of $1 ,691 .69. Mr. O'Connell discussed the Bowman School roof and informed the Board that he had been in touch with Mr. Brown, Architect, and asked Bowman him to take certain actions to have the roof repairs finalized in a School week or so. Repairs should be started no later than April , 1973. Roof Mr Cohen requested the Board to sign the contract with Barnes Cary Engineering Company, Inc. for survey work at Cary Memorial Library Library Upon motion duly made and seconded, it was voted to sign the Barnes contract with Barnes Engineering Company, Inc. for survey work at Engr. Cary Memorial Library in the amount of $1 , 100. Contract I 570 Chairman Kenney read a letter from the Planning Board recommend- SILC ing that Thomas Costello and Daniel Small be appointed as repre- Lexington sentatives of Lexington on the Subregion tntertown Liaison Committee Representa- Upon motion duly made and seconded, it was voted to appoint tives Thomas Costello and Daniel Small as representatives of Lexington on the Subregion Intertown Liaison Committee, effective immediately, for a one year term expiring September I , 1973. Chairman Kenney read a report from the Planning Board regarding the request received from the Lexington Golf Club to lease Town- owned land, Lot 19, Assessors' Map 58, for a teaching and practice Lexington area. The report states, in part, that this land was originally Golf Club part of the "poor farm." The lot referred to has an area of II Request for acres, sloping from Cedar and Hill Streets into a valley. The major Lease of part of the side adjoining the Golf Club property is low, wooded and Land wet In order to use this land as a golf practice and teaching area, a significant amount of alteration would be necessary. To utilize the low area, trees would have to be cleared and some filling would have to be done. The remainder of the site would also have to be graded To avoid this type of alteration and utilize only the higher ground could create a safety hazard. The left side of the parcel is bordered by the rear yards of the houses on Cedar Street which would make an errant golf shot dangerous. Our examination of this parcel shows that it is used extensively as a neighborhood play and recreation area. At the present time this would seem to be the higher need In the absence of a specific proposal from the Lexington Golf Club, the Planning Board recommends that the land be retained for its present use Upon motion duly made and seconded, it was voted to accept the recommendation of the Planning Board and to so inform the Lexington Golf Club. Chairman Kenney read a request from the Arlington Board of Selectmen for a joint meeting with the Board and the Great Meadows Great Study Committee Meadows The Board agreed to make arrangements for a joint meeting to discuss the Great Meadows. The Board also agreed to re-appoint the members of the Lexing- ton Great Meadows Committee. Upon motion duly made and seconded, it was voted to re-appoint Mrs. Angela E. Frick, Dr. Howard Kassler and Manfred Friedman as members of the Lexington Great Meadows Committee. Chairman Kenney read a letter of resignation from Mrs Judith SCSR Totman as a member of the Lexington Suburban Responsibility Comnis- TNMA sion Upon motion duly made and seconded, it was voted to accept with regret the resignation of Mrs. Judith Totman from the Lexing- ington Suburban Responsibility Commission, representing the Town Meeting Members Association. J(_ Chairman Kenney read a letter from Commissioner Campbell stating that the State Public Works Department would expect to pay both con- struction and right-of-way costs for the Hartwell Avenue Connector, and suggesting that a meeting be held with the State Department, SILC, and the Town of Lexington to review the progress of this project. The letter also referred to the TOPICS program and stated that as far as financing off-street parking in Lexington Center, the Hartwell Ave. TOPICS Program could participate in the construction of off-street Connector & spaces to replace on-street spaces eliminated by a TOPICS Program TOPICS Pro- Lexington would be expected to provide the necessary right-of-way gram for for the off-street parking construction. A Lexington Center project Center has been recommended in the Lexington Areawide TOPICS plan as part of Parking Project #2. Included in this project would be consideration for park- ing restrictions to improve traffic flow and adequate provisions for off-street parking. We have authorized our Design Engineer, Tippetts, Abbett, McCarthy, Stratton to prepare the Functional Design Report of Project NI . When this report is completed, we will forward it to you for Lexington's review and acceptance. Upon Lexington's acceptance of Project NI , we could begin the Functional Design of Project N2, unless a change in priorities is requested. Mr McSweeney I talked with the Design Engineer of TOPICS and Project N1 was submitted to the Department on October 31 ; the top priority was a circulation plan which would take care of questions and answers regarding downtown parking, Worthen Road, Emerson Road, and intersections they proposed. He told me we should be getting copies for the Board's approval in about three weeks. No. I prior- ity would not cover off-street parking on Massachusetts Avenue, Waltham Street and Watertown Street The next question that came up was whether we could add to the $330,000 project and ask them at that time to approve it. We are supposed to get it within three weeks for the Planning Board' s comments; when the Selectmen and the Planning Board review it, we amend it and add to the No. 1 priority. On the Hartwell Avenue Connector, I met with representatives of Lincoln Lab, SILC and Selectman True of Concord. We submitted Hartwell Ave plans last year and these are the same plans we talked about. They Connector had been considering a circumferential presented by SILC. We said Road we would like some positive answer before Town Meeting and we were informed that costs for takings and construction would be paid and it would be a partial connector, as we discussed with Commissioner Campbell . I was asked to supply additional information by photo- g ramvnet r i cs. Chairman Kenney Is there a timetable? Mr. McSweeney We will receive the first letter in three weeks. This will be a federal project, just like the takings for Route 2. Chairman Kenney Do we need Town Meeting authority? Mr McSweeney I asked for a letter and a plan from them of accepted layouts so it could be reviewed by the Board and the Plan- ning Board so it could come to Town Meeting. Instead of study plans, 1 wanted one plan, signed by Commissioner Campbell , along with the position letter a r Chairman Kenney The position letter saying that they will do it? Mr. McSweeney Yes, and hopefully start the next phase of it. Mr. Bailey This is just for the. entrance from and exit to the southbound lane of Route 128 Mr. McSweeney Yes. We can wait another two weeks and call them. Mrs Riff in This was the sequence we wanted; we didn't want to pick up the extra traffic on Bedford Street. Mr. McSweeney They were talking about two exits from the Air Base but they said there wouldn't be a need for two exits if the one on Hartwell Avenue was built. The Board agreed that Mr. McSweeney is to follow through with the State DPW and report back to the Board Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on November 13, 1972. Chairman Kenney read a recommendation from Police Chief Corr Special for the appointment of two Special Police Officers. Police Upon motion duly made and seconded, it was voted to appoint Appoint- Police Cadets Richard W. Ham, Jr. and Richard M. Corazzini as Special ments Police Officers for a term expiring March 31 , 1973. Chairman Kenney informed the Board that the proposal for Public Selectmen's Officials' Liability Insurance is ready for signature, to be sub- Insurance mitted to Stewart, Smith, Inc., 147 Milk Street, Boston, for a quotation. Upon motion duly made and seconded, it was voted to sign the proposal for Public Officials' Liability Insurance for the Board of Selectmen and submit it to Stewart, Smith, Inc., for a quotation. Chairman Kenney read a letter from Town Counsel Cohen regarding a proposal from Dr. Robert J. McAulay, 4 Lexington Avenue, for a golf McAulay practice range at the Hartwell Avenue sanitary landfill . Proposal for Mr Cohen pointed out that there are certain legal problems, Golf Range as well as zoning problems. It would appear that it is doubtful at Hartwell whether, under the proposed plan of operation, the Town would retain Landfill sufficient interest in the project to make it a municipal use at all . Also, whatever interest the Town might be found to have in the pro- ject would probably be of a proprietary or business nature, rather than governmental . After discussion, the Board agreed to write to Dr. McAuley and inform him that due to the lack of legal precedent, the Board con- cluded that because of legal complications it did not wish to pursue the matter any further. Chairman Kenney read letters from Theatre Pharmacy, Stevens Municipal Market and Michelson' s Shoe Store, which expressed concern over the Parking Lot hampering of the municipal lot in connection with the construction of Lexington Mews. They requested that digging in the lot be post- poned until after Christmas. 57: After discussion, the Board agreed to inform the businessmen that conditional approval has been given to the Lexington Mews to connect to a drain in the parking lot, which will necessitate a small trench being dug from their property to the drain. However, this work will be done under the direct supervision of the Director of Public Works, will be scheduled early in the week, will take no longer than four to six hours, and at no time will the parking lot be closed. To postpone until after Christmas would have a serious effect on the owners of Lexington Mews but if properly scheduled and executed, should involve only a minimal effect on the use of the parking lot. Mr William Whalon, Chairman of the Regional Refuse Disposal Plan- ning Committee, met with the Board to report on the activities of his committee. Chairman Kenney We have received a letter from SILC regarding a meeting to be held in Lincoln on November, 30 for the formation of a regional group for solid waste. Your committee submitted an interim report in 1970 on compaction and rail hauling and we would like to have your thoughts on the matter tonight Do you see any advantage to Lexington joining this group? Regional Mr. Whalon There is no answer to this problem but I can see Refuse no harm in hearing what they have to say; they may have an idea that Disposal hasn't occurred to anyone else or a method of implementation. I am Planning somewhat reluctant to the idea of forming a district without knowing Committee what it will lead to. Chairman Kenney The SILC proposal would include Lexington, we represent 25 percent of the group. Mr Bailey Is Waltham part of your current group? Mr. Whalon Yes. Mr. Bailey In one group, we are the little brother, and in SILC we end up being the big brother. Mr Whalon Waltham's problem is more critical , as is also the case in Arlington. Waltham has exhausted appeals to the state for funding and it is not convenient for them to get married to Newton, which is engaged in a proposal that DeMateo has in Saugus. Our com- mittee feels the least expensive method would be compaction of refuse and disposing of it by sanitary landfill . We still feel that way We had looked into an arrangement with Reclamation Systems in Cambridge but they had a fire and went out of business for over a year They are now back in business and are beset with the problem of trying to find a place to put the stuff . They are approved by the Board of Health and the Environmental Council and they are hauling stuff to Carver, which has 20 acres but they only have permission to bury on 3 acres. We think that is the cheapest and easiest way to get rid of the stuff until effective methods of recycling are devel- oped. The difficulty is that nobody wants it buried in their back yard. It is their feeling, and ours, that until the Legislature makes it possible, nothing is going to happen. It was proposed last 574 year by the Governor and never got anywhere This reflects more than anything else the uncertainty in the eye of the legislator of what is the best thing to do. Every scien- tific organization on Route 128 was involved in a study to find an answer We don' t see any answer Mrs Rif fin I read an article that the Federal Environmental Protection Agency had awarded $112 ,500 to Waltham and Newton for regional solid waste disposal. I wonder if they consider us as part of it, or just the two cities? Mr. Whalon I don' t think that will get anywhere. Chairman Kenney SILC sent us the proposal and it would cost us too much money. Mr Whalon We hired Camp, Dresser and McKee to do a study for us and they hinted at incineration Chairman Kenney Are you saying your Planning Committee recommends compaction and landfill? Mr Whalon We don' t see a better way for seven com- munities with twelve tons a day. For a modern incinerator which would satisfy pollution, some were in the order of $22 M , exclusive of land acquisition costs and site development costs We don' t think it would stand a prayer of getting to Town Meeting, and that left very little option Mr O'Connell I agree, basically with Mr Whalon that it is the unwillingness of the Legislators to make a decision and there is no suitable location for the residue; the State is the only one with the authority to say where these places will be I do not like the DeMateo proposal. Chairman Kenney It is readily apparent that we are going to have to live with our dump for a few years With this in mind, would you and Mr McSweeney explore the. com- paction machine? Mr O 'Connell Yes. The lack of sanitary landfill and the cost could be substantially improved by better compac- tion and by a different way of taking care of the volume of wood, as it doesn' t compress well and has to be covered. There are things we will have to do to satisfy the State. Chairman Kenney: It may be an expensive year for the dump Mr O 'Connell: I agree Chairman Kenney As far as joining the SILC group, this would mean an Article in the Warrant. Mr. O'Connell Isn' t it somewhat beyond the scope of the By-Laws of SILC Chairman Kenney Maybe, but it is within the intent on which it was formed It would have to be something separate from SILC This group becomes something beyond SILC and it becomes another regional study group Mr. Cohen: Are we a legal district now? I)7 ) Mr. Whalon We are a planning Board but we have not organized into a district Mr. Cohen: It is not an official district. Chairman Kenney We can request our representatives to SILC to monitor the meetings and inform Mr. Caswell that we are members of a regional Planning Board Mr Bailey I would like to ask Mr. Whalon if he would be willing to go to the meeting in Lincoln Mr Whalon I will attend. The Board agreed that Mr. Whalon is to attend the meeting on solid waste to be held in Lincoln, and report back to the Board Mr. Whalon retired from the meeting at 8 37 p.m Upon motion duly made and seconded, it was voted to remove from the table the request of Eisenberg Associates relative to the proposed utilities and, specifically the drainage, for Lexington Mews Mr. Eisenberg met with the Board Chairman Kenney: It is our understanding in talking with Mr. McSkaeeney that a connectionAcould be made in four Drainage or five hours time and the work would be done under the Lexington conditions set forth by him Mews At the request of Selectman Busa, we referred the matter to the Building Inspector and the Board of Health The Building Insipector reported, in part, that the only portion of a possible sanitary and storm waste problem indicated on the foundation plans was the existence of toilet facilities in the basement area which, if it were a problem, could be corrected by, pumping units The Board of Health reported that there appear to be two options available with respect to the handling of ground water problem: 1 Raise the elevation of the basement floor This involves a three-step raise to enter the building and appearing before the Historic District for approval of exterior changes. 2 Go along with existing plans and install lift stations for ground water From our own experi- ence in Lexington with respect to lift stations we know that they can be a problem even with elaborate controls and alarm systems. If the plans are approved with the existing elevations the following basic control equipment should be required 1 Back water valves to be installed on both sanitary sewage and ground water lines 576 2 Surcharge alarms to be installed 3 Auxiliary source of power and pumps provided in the event of power failure. Mr. Eisenberg: We disagree with the Health Inspector but we did agree that gasoline power pumps should be available, and the owner has agreed to provide that type of equipment. Chairman Kenney We have received a report from the Assistant Town Engineer that he met with the Engineers of the Lexington Mews and reviewed the drainage, with special regard to subsurface water Additionally, their calcula- tions were reviewed and it was found that the method used in computing the quantity of water to be the generally accepted method and of a highly conservative nature. It should, however, be pointed out that the formula is strictly empirical. Lexington Mews ' Engineers have estimated quan- tity of runoff from both sources is minimal and should have little or no effect on our system As regards the effect of this project on abutting properties , we feel that there will be no harmful results Chairman Kenney to Mr Eisenberg: As I understand it, if we accept the calculations which your Engineer gave to our Engineering Department, there should be no problem? Mr. Eisenberg: We prefer the pumps to be running fairly consistently; intermittently but not daily. Chairman Kenney: If it turns out to be no problem now, there is a possibility in several years from now of a change in the water table and the situation could arise that you are overtaxing the capacity of our storm drains. Mr. Bailey It could happen in two weeks. You don' t know until you get down there Mr. Eisenberg We are only pumping 4,000 sq. ft It is not that deep. Mr Bailey You are also the deepest hole in Lexing- ton Mr Busa I don' t think the town should go in the business of keeping these people in business It is not up to the taxpayers to supply drainage We are talking about the entire Lexington Center ground water As a businessman and a builder, I believe this should be built above the water table. He has already gone to 13 feet with the assumption that the Board gave them permission to pump. They have already designed for a 12 foot cellar. In my opinion, the taxpayers should not be in this posi- tion unless the Town wants to share the profits No other business in Town wants this 577 Mr O'Connell I respectfully request that the matter at hand now comes under the new Hatch Act and the determin- ation comes under this. First, it does alter the water table and requires a Hatch Act hearing. Mr Busa: I have no objection to the Lexington Mews construction but not when the Town is providing them with a drain in their basement for 365 days a year. I don't think Lexington should get into this business Mr. Eisenberg I would suggest to the Board that this is a facility that will be paying taxes to the Town We do have roof drainage and roof drainage should be provided with a place to go It is our opinion that no amount of water which would be pumped would have any potential of overloading the system Chairman Kenney If we were to give you the right to do this , since there are conflicting opinions , we would probably make it conditional, and allow it to be terminated if our storm drain is greatly taxed. If that happens, you would be in a tough spot Mr. Eisenberg: I am willing to take the chance as I don' t think it will ever happen It would be a kind of gamble. I could advise my clients that if it happened at the worst the floor could be raised or waterproofing put in; an additional six inches on the floor Mr Busa If waterproofing would solve their prob- lems at some future date , I would say build it at this point in tinie Mr Ei5'enberg It is not overtaxing the Town at this time, and the drain is there. We are going to generate taxes to the Town Mr Bailey: The Chairman is saying if it happens, we withdraw from our part of the agreement We are sitting as the Board of Public Works Chairman Kenney to Mr Eisenberg The onus is com- pletely on you. Mr Eisenberg We do this all the time. Our pro- fessional reputation is at stake Mr Bailey As far as overloading the system is concerned. Mr. Busa: In my opinion, that isn't the question That building can be built on the water table The question is having an 8 foot cellar or a twelve foot cellar Mr. Bailey On your approach to the merchants in the Center, we have gone out of our way to make Lexington Center a viable entity You say we don' t help the mer- chants. Mr. Busa I am not an advocate of providing parking spaces, either We are now allowing the old zoning to not allow parking spaces 578 Chairman Kenney The request is to split the drain- age system; the roof and gravity water to be separate. Mr. Eisenberg: At some place, they have to join a backwater valve Upon motion duly made and seconded, it was voted to grant permission to Lexington Mews to install a 12" R.C. drain across the public parking lot off Muzzey Street, as shown on plans submitted for the Lexington Mews Building, subject to the recommendations of the Board of Health and the stipulations set forth by the Director of Public Works/Engineering. Mr. Busa voted in the negative. Town Counsel Cohen was requested to draft a letter to Eisenberg Associates setting forth the conditions for the installation of the drain for Lexington Mews Building. On December 6 , 1972, a letter, signed by Chairman Kenney on behalf of the Board of Selectmen, was sent to Eisenberg Associates stating that the granting of permis- sion to install a 12" R.C. drain across the public parking lot off Muzzey Street, as shown on the plans submitted for the Lexington Mews Building, is subject to the following conditions and stipulations: 1 Separate drainage systems are to be provided to carry surface runoff and groundwater Surface water shall be carried by gravity as opposed to the groundwater which shall be pumped 2. The Board of Selectmen reserves the right to revoke its permission for the drain connection to the town system at such time as the Board deems it to be in the best interest of the town to do so. In making a decision to revoke the permit the Board of Selectmen shall take into consideration, as one factor, the question of the capacity of the town' s system and whether it is being overtaxed by the subject drain con- nection 3. The owner shall indemnify and save harmless the town in the event of a backwater condition in the town' s drainage system resulting from over- loading caused by the subject drain. 4. With respect to the pumping of groundwater, the owner shall install a suitable alarm system along with a method of standby pumping in the event of a power failure 5ri9 5. Prior to any excavation, all necessary permits shall be obtained from the Department of Public Works. The time of construction of such drain shall also be subject to approval of the Department of Public Works Upon motion duly made and seconded, it was voted to go into Executive 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. Executive Session A joint meeting was attended by Chairman John Maguire of the School Committee, Chairman Edward Furash and Jack Mitchell of the Appropriations Committee, Mr O'Connell, and Mr. Cohen to discuss with the Board the payroll war- rant submitted for the School Department administrators. After discussion, it was voted to go out of Executive Session and resume the open meeting. As a result of the meeting in Executive Session re- garding the payroll warrant for the School Department administrators, the majority of the Board of Selectmen School expressed the opinion that the salaries are high but Adminis- recognized the School Committee' s legal authority to set trative school salaries. The Board agreed that the administra- Salaries tive salaries are to be paid at the 1972 level submitted, except that Superintendent Fobert' s salary is to be paid at the 1971 level pending a ruling concerning compliance with the Federal wage guidelines The new salaries were submitted as follows: Eff. Eff. Eff Eff. 7-1-71 7-1-72 7-1-71 7-1-72 Rudolph J Fobert $35,000 $38,800 Jack Monderer 25,760 27,085 Mitchell J Spiris 27:,10 28, 360 James Maclnnes 21,897 23 ,148 Ado Commito 25, 730 27 ,128 Richard Barnes 19 ,915 21,093 School Committee Chairman, John Maguire agreed that he would seek a ruling from the Internal Revenue Service and submit it to the Board of Selectmen Upon motion duly made and seconded, it was voted to adjourn at 10 45 p m A true record, Attest: )0/6e4y Executive Clerk, Selectmen /0