HomeMy WebLinkAbout1971-02-22-BOS-min 392
SELECTMEN'S MEETING
February 22, 1971
A regular meeting of the Board of Selectmen was held in the Bird
Room, Cary Memorial Building, on Monday evening, February 22, 1971,
at 7 30 p.m. Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and
Bailey were present. Mr Legro, Town Counsel; Mr O'Connell , Town
Manager and Mrs. McCurdy, Executive Clerk, were also present.
Hearing was declared open upon the petition of Mobil Oil Co. for
a license for below ground and above ground storage at the premises
located at 269-277 Bedford Street
A notice of the hearing was inserted in the February II, 1971
issue of the Lexington Minute-man and sent by certified mail to the
abutters, as listed on the records of the Assessors.
Application was approved by Chief Spellman of the Fire Department.
Attorney Nicholas J Mazzoni , representing the Mobil Oil Company,
was present and explained that this application is for an additional
8,000 gallon underground tank to increase the storage to 20,000 gallons
from 12,000 gallons of gasoline presently approved There will be no
structural change in the station but we will add one pump to two exist-
ing islands This petition is for a third future product, a non- leaded
gasoline.
Mobil Mr John F McDonald, I Dee Road, asked if this tank is going to
Gasoline be in the same location as the others?
Hearing Mr Mazzoni replied in the affirmative
Mr. McDonald said that at certain times of the year, especially
in the summer, we have a problem with fumes; will it still exist?
Mr Mazzoni replied that this is a new 8,000 gallon tank and it
it vented better but we can't guarantee eliminating the fumes; the
Company says they will vent these to try and eliminate the fumes and
I will guarantee we will do everything we can to vent them.
The Chairman asked if the problem exists only when filling the
tanks?
Mr. McDonald replied, yes, we are afraid to go out in the back-
yard at certain times, not all the time
Mr Mazzoni said that the danger is not with the gasoline in the
ground, I have never heard of one in Massachusetts blow up in the
ground.
The Chairman asked if there were any further questions?
Hearing none, the Chairman declared that part of the hearing
closed.
No one appearing in favor of the petition the Chairman declared
that part of the hearing closed.
The Chairman asked if anyone was in opposition to the petition?
Mr John F. McDonald, I Dee Road, was recorded in opposition.
The Chairman asked if the installation is vented properly, would
he have any objection?
I
Mr. McDonald replied, none
The Chairman said that the Board will take the petition under advise-
ment and will let you know
The Board agreed to refer the petition back to Chief Spellman and
ask him to investigate the installation and make whatever recommendations
are necessary for the installation of a proper venting system at this
Mobil Oil Company station; such recommendations to become part of the
permit
Mr Mazzoni suggested that Chief Spellman contact the Suburban Con-
struction Company of Burlington to discuss it with them because they
will be making the installation
A letter is to be sent to Chief Spellman for his recommendations
The Chairman said that the Board held a street hearing on February 8,
1971 on the layout of Worthen Road. The next step is to vote to lay out Worthen
Worthen Road, if the Board agrees with the program as set forth Road
Upon motion duly made and seconded, it was voted to lay out Worthen
Road from Marrett Road, a distance of 1470 feet, more or less, north-
westerly to Sherburne Road.
Mr Kenney abstained.
The Chairman informed the Board that a letter of resignation has been
received from James W. Broderick from the Town Celebrations Committee. Celebra-
Upon motion duly made and seconded, it was voted to accept, with re- tions
111
gret, the resignation of James W. Broderick as a member of the Town Cele- Resigna-
brations Committee, effective immediately. tion
The Board agreed to consider a replacement and to ask the Town
Celebrations Committee for recommendations.
The Chairman read a letter from Herbert S Kassman regarding the
award of no damages in the taking of sewer easement on his property at
5 Stonewall Road. Mr Kassman states in the letter that it seems inevi- Kassman
table that a number of valuable trees will have to be removed and that Sewer
the general rustic character of the site will be considerably altered Easement
with a significant reduction in the value of the property. The exact
extent of damages must, of course, await the work done by the sewer con-
tractor. I have expressed my concern to personnel in the Town Engineer' s
Office, who have expressed a willingness to attempt to minimize the dam-
age
The Chairman said that no action has to be taken by the Board.
Mr. Greeley said that Mr. Kassman is just reserving his rights
The Chairman read a letter from Lawrence H Adler, Chairman of the
Parish Committee of the First Parish Church, stating that the Parish
had established a committee to survey the present and reasonably fore- Harrington
seeable space needs of the church and this committee had voted unani- House
mously not to enter into negotiations with the Town looking toward a
vote at the March Town Meeting on a purchase from the Church of the Old
Harrington House. They hop to complete their survey and file their re-
port in adequate time to make such a treatment possible at the June
meeting if the Church determines that it really does not need this space
and that it wishes to enter into final negotiations looking toward a
mutually agreeable price.
Upon motion duly made and seconded, it was voted to recommend inde-
finite postponement of Article 48 at the 1971 Annual Town Meeting.
The Chairman read a letter from Paul A L'Antiqua, 758 Waltham
Street, stating that three years ago, the Town rebuilt Blossomcrest
L'Antiqua Street and in the process of rebuilding the street, a section of his
Complaint land was taken for a sidewalk and the street was lowered at Blossom-
crest and Waltham Street. In the process part of the driveway was cut
into by the contractor who did the work and the result is that the
water pipes running under the road, the sidewalk and his driveway into
his home no longer meet the requirement to prevent freezing. He re-
quested that the situation be corrected by lowering the pipes below
the frost line as soon as possible
The Chairman said wehave sent a copy of this letter to Mr. McSweeney
and we will answer Mr L'Antiqua that we have asked for a report and will
be in touch with him when it is received.
The Chairman read a letter from Mrs. August Schumacher, 148 Wood
Tax Title Street, requesting the purchase of lots 82 in the Colonial Heights area
Schumacher to be added to the adjoining lots she now owns and, therefore, make a
Request more desirable sized lot Mrs. Schumacher states that she had requested
this in 1967 and her request had been referred to the Planning Board.
Since then, she has hat meetings and correspondence with the Planning
Board but for various reasons it does not grant permission
Upon motion duly made and seconded, it was voted to refer Mrs..
Schumacher' s request to the Planning Board for an up-to-date recommend-
ation.
The Chairman read a letter from Peacock Farms Association regarding
traffic hazards at the intersection of Peacock Farm Road and Mason
Street and at the curve of Peacock Farm Road near Numbers 37-40 A
Peacock meeting to discuss the problems and possible solutions was requested
Farms with the appropriate officials.
Traffic The Chairman said that we recently had a request from residents
of Robinson Road and we recommended a meeting of the neighborhood with
the Traffic Committee, we should handle this in the same manner
The Board agreed to request the Traffic Committee to set up a
meeting with the Peacock Farms Association to discuss the traffic prob-
lems of the neighborhood, and to so inform the Association.
Upon motion duly made and seconded, it was voted to authorize the
I D. Card Chairman to sign the Liquor Identification Card for Cynthia Sampson,
337 Massachusetts Avenue
Common Upon motion duly made and seconded, it was voted to sign the Common
Victualler Victualler license for Howard Johnson' s, Route 128, Lexington (approved
License by the Board of Health)
The Chairman read a letter from Kevin B Harrington, President of
the Senate, and David M Bartley, Speaker of the House, requesting all
governmental agencies who have filed legislative petitions for consid- Mass
eration this session for a voluntary analysis of fiscal and/or envir- Legisla-
onmental impact ture
The Chairman said that they want to know what it would cost We
have one piece of legislation we have asked to be filed on changing
of the award period for public building construction contracts awarded
by Towns from 30 to 40 days We will acknowledge that we do not have
petitions filed that would have an impact
The Chairman read a letter from the State Department of Natural Re-
sources requesting that it be notified of any construction or land use
which would have any hydraulic impact upon the Shawsheen River Basin
area.
The Chairman said they are just asking us to inform them of any
petitions we have for construction that were not given permission under Shawsheen
the Hatch Act River
Mr Greeley said that the Hatch Act is not implementable in its Basin
present form and he thought someone should talk to the State and ask DNR
them to give us some technical guidelines
The Board agreed to write to the Department of Natural Resources
and inform them that we want to cooperate with them but it is incum-
bent upon them to furnish us with guidelines and, to arrange a meeting
to discuss the matter of the Shawsheen River Basin area also.
Upon motion duly made and seconded, it was voted to approve the
minutes of the Selectmen' s Meetings held on February 8 and February 16, Minutes
1971
Upon motion duly made and seconded, it was voted to sign the water
abatements for the following
John Janusas $125.33 Meter changed not notified
Robert Caterino 19.93 Wrong reading
E McSweeney 42 00 Owner sent wrong reading
Joseph McKinney 121 45 Left water running so it
won't freeze
Ralph Taylor 21 71 Owner sent in wrong reading
Virginia Cutter 57 03 Owner sent in wrong reading
The Chairman said that we held approval of water abatements for
John Janusas, 127 Simonds Road and Joseph McKinney, 12 Rockville Avenue
pending a report from Public Works Department Water
A report has been received that a water meter was removed from Abatements
Mr. Janusas' home and a new meter installed; the billing department
was not notified of this fact The last time it was read, the reading
was taken as a turnover rather than a reading starting at zero and up
to the present reading on the new meter and adding whatever was re-
"' corded on the meter that was replaced, this resulted in an excessively
high water bill The bill was re-figured the proper way, resulting in
the $ 125 33 abatement
ta
s) .P(7
Mr McKinney was told to run his water in 1970 so that the service
would not freeze up The service man neglected to take the dial off
111
the meter, thus resulting in a high water bill . It is the Town' s
policy to remove all dials from the meter of any water service that
freezes By doing this, the water left running for the winter is not
recorded on the water meter.
Upon motion duly made and seconded, it was voted to sign water
abatements for John Janusas and Joseph McKinney.
The Chairman informed the Board that a hearing had been held on
February 16, 1971 on a relocation of one pole on Peachtree Road and
approval was withheld pending a report from the Town Engineer The
report has been received, stating that the existing pole is 54 ft. off
Peachtree the northeasterly sidelines of Peachtree Road, approximately 30 feet
Road pole from the sideline of Woburn Street and will be moved 12 feet south-
Location easterly. Residents were questioned and voiced no objection as the
relocation will not affect either trees or driveways and would in-
crease a driver' s view of Woburn Street
Upon motion duly made and seconded, it was voted to grant permis-
sion to the Boston Edison Company and the New England Telephone Com-
pany for the following location
Peachtree Road, northeasterly side, approximately 41 feet south-
east of Woburn Street - One pole (one existing
JO pole to be removed)
The Chairman said that we have met with our members of the Minute-
Vocational man Regional Vocational Technical School District Planning Board and
Technical this Board should take a position either in support or in opposition
School to the Article in the Warrant.
Article Upon motion duly made and seconded, it was voted unanimously to
support Article 45 of the 1971 Annual Town Meeting Warrant After
much discussion, the Board agreed to support the Article.
The Chairman said that bids have been taken on the relief sewer
and the pumping station alterations for the major project with
Bedford.
Bids Sewer Whitman and Howard investigated the two low bidders and have
& Pumping found they are qualified to handle the work associated with this pro-
Station ject Also, the amount of funds available to complete this project
Intent to have been reviewed and found to be adequate. The Division of Water
Award Pollution Control requests a vote of the Board that we do intend to
award the contracts
Upon motion duly made and seconded, it was voted that it is the
intent of the Town of Lexington to award the following contracts for
the Town of Lexington Water Pollution Control Project No WPC-Mass..-
217 to the following
D. DiMartino Construction Co., Franklin
for Contract No I, Contract for Relief
Sewer Work $466 735
397
' B Snyder and Company Inc., Allston,
for Contract No 3, Proposed Renova-
tions and alterations to Brook Street
Sewage Pumping Station $182,569
Total Project $649,304
The Chairman informed the Board that a reply has been received from
the Traffic Committee in answer to requests from Citizens to make Crosby
Road one-way during the hours when children would be brought to and
picked up from the Maria Hastings School
The report states that the Traffic Committee believes that making
Crosby Road one-way is neither necessary nor justified and recommends
against it. The driveway beyond the end of Crosby Road is not subject
to traffic regulation by the Town; it is on school property and can be Traffic
made one-way by the school or else widened and improved to facilitate Crosby Rd.
two-way traffic. Also, making the road one-way at varying times on
different days would be extremely confusing and unsafe and a permanent
one-way arrangement would greatly inconvenience the motorists most of
the time
After discussion, the Board agreed to refer this to the School De-
partment for recommendations.
Upon motion duly made and seconded, it was voted to request the
School Department for recommendations that could possibly help solve
the traffic problems of Crosby Road
The Chairman read a report from the Traffic Committee recommend-
ing that consideration be given to amending the Traffic Rules and
Orders by prohibiting parking along the southwesterly side of Reed
Street between Bedford Street and Vaille Avenue
The Board agreed to request the Traffic Committee to submit
reasons for this recommendation.
Mr Tucker, Mrs Welch and Dr Newman of the Mystic Valley Mental
Health Association met with the Board.
The Chairman said that the issue this evening is that the Board
of Health recommends that your budget be the same level as last year
and, as I understand it, you want to tell us why it should be greater
Mr Tucker said that in 1966, we had 6 members on the professional
staff, in 1970, we had 21 professional staff members; this has more Mystic
than tripled the staff We are able to help the 5 communities in- Valley
volved, Lexington, Arlington, Winchester, Burlington and Woburn We Mental
are dealing with a problem which is very expensive. We have a Mental Health
Health Center, most of which is supported by the State. The total con-
tribution by the 5 towns is 17 percent of the total clinic budget It
was originally started as a children' s clinic but through reorganiza-
tion by the state, it provides after-care of patients discharged from
the Metropolitan State Hospital . Therefore, by state mandate, the
Center is now providing this after-care. One of the reasons we ask for
U
39S
additional money is that the State payments will take care of the pro-
fessional staff but any supporting services are taken care of by
private or tax contributions.
Mrs Welch said that we have met with all 5 communities, Woburn,
being a city, will undoubtedly pass our requested increase from
$10,000 last year to $21 ,000 this year. Arlington contributed
$ 14,695 last year and we are asking for $29,787, Burlington contri-
buted $5,452 last year and we are asking for $12,494; Lexington,
$8,789 last year, we are asking for $17,870; Winchester, $6,060 last
year and has agreed to $ 12,490 for this year; the Board of Health
has already accepted our first bill . Shares are based on population
and the request is 55} cents per capita.
Mr Tucker said that we drew on our reserves and this year we
don't have a reserve. It looks good in 4 coummunities but in Lexing-
ton they recommend holding to the same rate as last year and this
forces the Center into a bind If the money is not forthcoming,
something will have to be cut out of the budget We don't want to
use blackmailing but if 4 of the 5 communities come forth but not
the 5th, what would your reaction be? Compare the Health Center to
the Fire Department; hopefully, you never have to use it but it is
nice to know it is there. We have here in Lexington a full Mental
Health Center The staff is highly professional and there is no
question about their qualifications We are providing a service to
citizens of Lexington and offer professional services if we can.
The budget is not inflated and if forced to cut back . .We are asking
for an increase from $9,000 to $18,000 as we don't want the people
of Lexington to suffer from a reduction of service.
Mr. Mabee asked them to tell the Board Of the number of cases
in 1969 vs 1970, which would account for the increased cost Dr.
Ellicott is convinced that the cost per hour of an interview and
counseling is much higher at Mystic Valley than private counseling.
What is the case load?
Mrs Welch said that Lexington had 104 cases in 1969, children
and their parents In 1970, 146 children and their parents were
taken care of; a 40 percent increase in cases When the budget was
made up in 1970, we didn't know there would be that many and we went
over. The State gave us additional Doctors and we were able to
serve the extra 42 families from Lexington. You hear of waiting
much less than it used to be, but not now. We are taking 40 percent
more from Lexington and 46 percent from Winchester The budget for
last year was not adequate and we added our $ 13,000 savings and,
also, our insurance has gone up; we had not been paying insurance on
our wing and it probably will go up $500 more than I put in our bud-
get We operated in the red last year in terms of using up more than
we asked for Last year, the request was not realistic
Mr Tucker said that when someone comes for counseling, you
don't terminate at the end of the year, you carry over. If you look
at the number of hours, the cost is $43 an hour; if you add to that
agency consultation hours, we include court referrals, if you add
consultation hours, you get a total of 7800 hours and the cost goes
down to $33 per hour Communities are contributing only 17 percent
tail.
of the total budget of the Center, which means 83 percent is raised
in some other way. You can't compare a physician's office to the
Mental Health Center; the cost runs higher because of the clinic
backup and supporting services are essential if you run a Mental
Health Center
Dr. Newman said that the relevant question is, are we providing
the service which in any way can be duplicated at a lower price, and
the answer is, we are providing service which cannot be duplicated
at any price The clinic functions to service families with prob-
lems; we approach the entire family, a clinic set up where people
are in communication with one another. In most individual cases,
the Psychiatrist can't do this; the average fee is $25 or $30 per
hour The clinic charges families on a sliding scale and most pa-
tients pay less than $25 an hour, and you couldn't duplicate the
service on a private basis; you can't compare apples and oranges.
The Chairman said there is a difference of opinion from profes-
sionals whether services can be duplicated How much were you in
the red last year?
Mrs Welch said that the budget for 1970 was originally $87,000
and we spent $95,000
The Chairman said you are telling us that you handled 46 percent
of the load increase with an $8,000 deficit, plus $ 13,000.
Mrs. Welch said we are now using our reserve
The Chairman asked if we made up that $8,000, could you main-
tain that same level?
Mrs Welch replied, no; the additional staff members came in
April , July, September and December
The Chairman asked would you say $ 16,000? If you maintain that
level of service, which is a 40 percent increase over 1969 for
$95,000, why can't you maintain that level of service for the same
amount of money or a little more? Why are you asking for an increase
of $44,000? Our question is on your bookkeeping approach What is
the justification for the budget as presented?
Mrs. Welch replied that we don't anticipate keeping at that level
therefore, you have an incremental increase
Mr. Greeley asked what is the average for 1970?
Mrs. Welch replied that I have no actual data
Mr. Greeley said you spoke of going from 104 to 146 cases
Mr. Mabee said that the average might have been 123. The fact
that your added personnel came at different times, at the end of the
year you had them all The rate at which your backup services was
needed was greater
Mr. Tucker said that the commitment to staff and commitment to
individuals at the end of the year might be greater
The Chairman said the nub of the problem is the commitment to
110 \ staff The work load didn't increase and the question is, are you
over-staffed? Just because you are authorized by the State doesn't
justify it
II __
400
Dr. Newman said that the total expense was $278,297; the number of
111
interview hours to clients was 5,989, which gives a cost per hour of
$46+ The total in 1971 will be $433,856; we have added a 25 percent
increase in the number of hours as shown in 1970 brings it up to
7,500 hours and the cost per hour jumps to $57+ per hour. Dr
Ellicott maintains that staff hours and the number of additional hours
for clerical, and the like, are non-productive and if the averagegood
psychiatrist gets $30 per hour and the cost per hour is out of line,
this is why the Board is opposed to making any amelioration The cost
gives per service per people. We have been given a lot of families.
We know we will see these people discharged from hospitals We have
been told wewould have a regional Health Center and they will have
out-patients and in-patients. When this broke, we had calls from
Arlington and Burlington on what are we doing to the budget; we told
them we would wait and hear from one Board. Winchester said they
would go along with the increase and asked Mystic Valley to take
their teachers and train them. The State feels that smaller centers
will be better in the future and Lexington has it now
The Chairman said that we are recommending the same amount of
appropriation as we did last year. We are pleased with the results
of Mr. McManus on the drug program; we are getting it going and the
results are good.
Mr Tucker said that according to our year-end accounting, we
spent $258,000, actually the end total for operating the center, for
the total clinical operating budget. If you use 6,000 hours, you
come up with $43 per hour. Can you duplicate the services anywhere?
We are picking up people from the lower end of the income scale.
Dr. Cosgrove, Chairman of the Board of Health, said that the
Chairman of the Board of Health in Burlington called him and said
lie didn't see any reason why we give anything.
Mr Kenney asked if in 1970 there are so many hours to Re-place?
The Association did grant to Re-place a certain number of dollars
instead of hours.
Dr. Newman replied that the 1971 reduction is because they now
have Mr McManus; now we are just doing group therapy whereas last
year it was individual, group and administrative consultations.
Mr. Kenney said there was a significant decrease in local
cases.
Dr. Newman replied that there was a significant decrease but
not as far as the whole situation in Lexington
Mr. Tucker said we have 10 new referrals per week
Mrs Welch said we feel badly that the Board of Health is giving
the impression that Mystic Valley is not needed. It is a national
effort to bring it closer to the community. If each of the other
towns accepted it what would we say if Lexington didn't. We would
like you to tell us what you think it would mean; how can the other
towns feel?
The Chairman asked do you have firm commitments from other towns?
Mrs Welch replied that we can't tell until after Town Meetings.
We had a letter from Burlington that they agreed to go along with our
requests
401
The Chairman asked if they have commitments for the recommendation?
Mrs. Welch said that Winchester agreed, Woburn accepted it for
services on the 1971 rate.
Mr Kenney asked what the State would provide?
Mrs Welch replied that 64 percent would be provided by the State.
Mr. Howard Levingston asked, do I understand that the character of
the service has changed
Dr. Newman replied, yes, as for children, and expanded to take
care of patients from the Metropolitan State Hospital ; we are doing
drug counseling and most of those workers in connection with other
problems
Mr. Levingston asked if they fall within the guidelines of their
basic charter?
Dr Newman replied, yes, basically for children' s services
Mr. Levingston asked what age group?
Dr Newman replied, from 2 to 17 or 18 years.
Dr Cosgrove said that we are not opposing the services of Mystic
Valley Mental Health but we do object to the increaseing of their bud-
get and find they are doing nothing more now than they have been doing.
We are responsible to Lexington
The Chairman said we must accept the fact that we support Mystic
Valley and with the information coming to us at this point, lookint at
your budget and the increase you ask for, it would take a lot of imagin-
ation to support this I would suggest getting together with the Board
of Health and settle this, and come to a meeting of the minds We don't
want to go to Town Meeting when there is a difference of opinion between
the Board of Health and the Mystic Valley Mental Health Association.
You can't justify at this point and we look to the Board of Health
Mrs. Welch asked if he would recommend a 46 percent increase?
The Chairman replied, I don't know
Mr. Greeley said I would recommend 30 percent or 100 percent depend-
ing on how you substantiate over the two years, a case is a meaningless
unit
The Chairman asked the Mystic Valley Mental Health Association to get
together with the Board of Health
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 Executive
financial interests of the Town or the reputation of a person Session
After discussion of matters of 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
1105 p.m.
A true record, Attest � • /f
Executive Clerk, Selectmen