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SELECTMEN'S MEETING '
August 19, 1968
A special meeting of the Board of Selectmen was held
in the Selectmen' s Room, Town Office Building, on Monday
evening, August 19, 1968 at 7:30 p.m. Chairman Cole,
Messrs Cataldo, Mabee, Kenney and Greeley were present.
Mr Legro, Town Counsel, Mr. Gray, Executive Assistant,
Mr. McSweeney, Town Engineer, and Mrs . McCurdy, Executive
Clerk, were also present.
Mr. Perry, Comptroller; Mr Mitchell, Capital Expen-
ditures Committee; Mr. Burrell, Civil Defense Director;
Mrs Riffin, Chairman of the Planning Board; Mr. Eric
Clarke, Planning Board; Mr Gary, Appropriation Committee;
Mr. McQuillan, Board of Health Director, and Mr. Adams of
the Lexington Minute-man met with the Board
The Chairman said that the Board felt that a Special
Town Meeting is necessary to resolve an emergency existing
because we need more money for the construction of the
North Lexington-Hamilton Road sewer The bids came in well
over the appropriation. Mr. Legro and I spent time with
the Director of Accounts and we believe that we have the
way that we can go to Town Meeting and ask permission to
use State grants that automaticlly go into the E & D ac-
count. We have received a letter from the Town Engineer
which states that the low bidder was P Gioioso & Sons,
Inc. in the amount of $248,155 This construction cost,
coupled with engineering fees, brings this project to a
total cost of $278,000 The monies originally appropri-
ated under Article 16 of 1965 and Article 9 of 1967 total-
ing $194,000 are insufficient for awarding this contract .
This large increase is due to the rising construction and
engineering costs over the past two years The Town re-
ceived a grant offer in 1965 and, about this time, the
Town of Bedford came into the picture as the pumping sta-
tion which connects to this proposed project was becoming
severely over-loaded and it was felt that something should
be done. Much discussion and negotiations were undertaken
to determine the best method of handling this flow within
Lexington and the costs to both communities ; also consid-
ering a request of Hanscom Field to increase their dis-
charge to the Lexington System Construction of the force
main was held up until the best method of serving Bedford
and Hanscom could be ascertained and following this ,- had
to be brought before the respective towns for approval and
financing These factors all contributed to the two-year
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delay in the construction of the project . We have, as of
June, 1968, receivedrants from the Federal and State
governments totaling $127 ,800, 70,290, and $57,510. The
Engineering Department has reviewed this project with our
Consultant Engineers and Town Counsel and I am informed
by Town Counsel that Special Town Meeting action is neces-
sary because of the deficit in the appropriationy
The Chairman said that we have made every attempt to
contact members of the Committees and Department Heads to
inform them of this emergency. We would like to keep the
Warrant as short as possible; to have a quick Town Meet-
ing to perform the necessary function that the emergency
calls for We have contacted the Contractor and he has
agreed to waive the period until we can get Town Meeting
action. The question is whether to call a Special Town
Meeting at this time; we should do it as quickly as possi-
ble in the early part of September, the 4th or 5th.
Mr. Kenney asked if there was a reason why wo can't
hold it over?
The Chairman said that we lose the aid by November
first.
Upon motion duly made and seconded, it was voted to
hold a Special Town Meeting on Wednesday, September 11, w, ,-,
1968 at 8:00 P.M.
The Chairman di:011`6sd the birsdt open; iiesaid
that he would like to keep it as short as possible.
Mr. Gary said that we have received a letter from Mr.
Belcastro, requesting an additional $21,000 The Appropria-
tion Committee denied a transfer for the full amount but did
approve a much smaller sum to carry the department through
the end of September, at which time we proposed to take an-
other look at it . We have something like $68,000 in the
Reserve Fund, uncommitted, exclusive of Veterans ' Aid ; we
are getting to that stage where we are receiving demands on
the Reserve Fund; last year we ran out of money. The alter-
native is to give each department an additional appropriation
from E & D, under an Article in the Warrant .
The Chairman asked if it would be more in order, since
there are so many requests , to increase the Reserve Fund.
Mr. Legro said that it could only be done at the Annual
Town Meeting.
Mr. Gary said that the Appropriation Committee would be
reluctant to grant any transfer from the Reserve Fund to
meet Mr. Belcastro' s estimated requirements; $21,000 was
only his uncertain estimate of what was required .
The Chairman said that he would tell you that it was a
conservative estimate
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Mr. Greeley said that it seemed to him that the issue
isn't whether or not the Appropriation Committee will give
it to Veteran' s Services, but was there enough money in the
Reserve Fund to cover?
Mr. Kenney said that the Appropriation Committee knew
there was going to be a request for a transfer
Mr. Gary said that they really didn' t know; we boosted
up the Reserve Fund .
Mr Cataldo said that the Veteran' s office requested a
transfer of $10,000; would it have upset you as much as
$21,000. Could you have handled it with no problem?
Mr. Gary said that the Appropriation Committee is dis-
persed . It was my suggestion to transfer enough until the
end of September and then take a look at it . It is my
personal view to transfer $2500 now
Mr . Cataldo said if we take the approach that if we
meet with the Trustees of Public Trusts, we don' t have to
do anything.
The Chairman said that we bring this to your attention,
that with money appropriated by the Town there is money com-
ing back from the State; but not with Trust Fund money. We
can' t do this.
Mr. Legro said that he has consistently said that you
couldn' t.
Mr Cataldo said that, regardless of reimbursement, if
we could get some money ent of theme even if we doe.'t get
one-half back . . .
The Chairman said that there is a. time element; is
such money channeled to get to the right person?
Mr. Perry said that Mr. Belcastro has actually delivered
the cheeks by hand.
The Chairman said that on the question of being Welfare,
it has to be approved by the Board of Trustees ; three signa-
tures are needed
Mr.. Perry said that he recalled that, last year, the
Trustees ' Board authorized $7400 and they only used just under
$5,000 of that .
Mr Cataldo said that if we start early enough to go
after this money, I see no reason why we can't get it.
The Chairman asked Mr. Gary what drains on the fund he
anticipated .
Mr. 'Gar,- replied that he didn ' t know; be is worried
about the large ones . They are trying to find the prudent
thing to do; is it to transfer money out of E de D for this
department?
The Chairman asked how much money do you anticipate?
Mr. Dart' replied, $10,000 or $12,000.
The Chairman asked, why not take $15,000?
Mr. mar: said that they are reluctant to transfer the
full amount. This department is different than others .
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E D.Mr. Perry said that the main thing is to get it out of
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The Chairman said that, because of the Special Town
Meeting, he will take advantage of it.
Mr. Mabee agreed ; also, we should take the advice of
Mr. Cataldo, do concurrently.
Mr. Cataldo said that if we put in an Article for
$10,000 or $12,000, we would be in better shape going to
the Trustees of Public Trusts .
The Chairman said that you would like to put an Article
in, in an amount of $10,000; leave the balance to be a
transfer from the Reserve Fund .
Mr. Gary said if it is over and above what is made
available from E & D.
Upon motion duly made and seconded, it was voted to
insert an Article in the Warrant for a transfer of $10,000
from E & D to the Veteranst Account.
Mr. Greeley asked the status of the rest of the sewers
that came under Article 74 of last March and asked if we
are going to get into the same problem?
Mr. Legro said that Engineering got into the same
problem on the amount of the bid; we have made complete ar-
rangements for that Article in the motion. The full amount
of $575,000; to approve, provided we can borrow. The Ap-
propriation Committee wanted to limit the amount of borrow-
ing and not construct unless we received Federal aid.
Mr. Perry asked if the Federal and State aid are in
lump payments?
Mr. Legro said that he does not have direct information
on it; both Federal and State make progress payments during
construction and complete payments, reasonably prompt.
The Chairman said that we have been constantly voting
the same amount of money on sewers; what was a valid figure
five or six years ago is no longer valid . What we are doing
is cutting back on the sewer program. We would like to bring
that to the attention of the Appropriation Committee and
Capital Expenditures, and suggest that they go back to 1960
and add the construction increase cost.
Mr. Eric Clarke asked if inflation has caused this to
happen with the force main, why not the one beyond that,
has that gone up as well?
The Chairman said that the projected cost estimates
were more realistic on that than on this .
Mr. Cataldo said that this money was appropriated in
1965.
Mr. Greeley said that we ought to be prepared to docu-
ment these changes so that Town Meeting can conclude that
inflation raised the cost by 30%. The last time we appro-
priated, it was $194,000 and a year later, it is 30% higher.
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Mr. Legro said that this project requires approval of
the Emergency Finance Board and the Governor. I have
drafted a letter to the Emergency Finance Board, request-
ing that a hearing be granted to the Selectmen I have
also talked to the Director of Accounts who was not sure
of the date of the next meeting of the Board.
The Chairman said that we have to convince Mr. Mac-
Kinnon that there should be a meeting of the Emergency
Finance Board after September 11th .
Mr. Cataldo asked when the extension is up?
The Chairman said, on September 30th.
Mr. Legro said that if we get by our Town Meeting,
there is no question with the Emergency Finance Board.
Mrs . Riffin questioned how the Board of Selectmen can
open and close the Warrant in one night; she felt there'
should be a stated time element.
The Chairman said that it was the custom to open War-
rants and leave open for a time but the time is desperately
short on this Warrant.
Mr. Legro said that there is no provision in the law
for the Warrant to be opened at all .
Mr. Greeley said that it was within the power of the
Board not to invite; the Board may decide.
The Chairman said that this was decided on Wednesday;
- the Board acted very honorably on this .
Mr. Ldgro said that it is always within the right of
any department to make a request to the Board to insert an
Article at any meeting. People have the right to have
their petitions filed at any hour It is the right of the
Board of Selectmen to call a meeting.
The Chairman said that we do not have citizens ' peti-
tions .
Upon motion duly made and seconded, it was voted to
close the Warrant for the Special Town Meeting to be held
on September 11, 1968
Mr. Greeley suggested that the Chairman ask that de-
partments file with us when they recognize the item, so
they wouldn't be caught short.
The Chairman said that the Planning Board knows they
could approach us if they have Articles that they think
they are going to heed for the Annual Town Meeting or a
Special Town Meeting.
Mr. Gary said that, on an appropriation on Article 3
for Veterans ' Aid, the Article itself doesn't require a
money figure The Appropriation Committee would like to
defer any definite recommendation as to money.
The Chairman said that the motion will have the figure
in it . '
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Mr. Greeley said that he hoped that the Appropriation
Committee will get the report out to Town Meeting members
in advance of the meeting
Mr. Gary said that he could see the advantage in that,
The Appropriation Committee will take into account that the
amount of money will be in the motion,
The sewer Article was discussed and Mr Legro said that
there is no provision in the Article, at the moment, for
borrowing We might not receive the actual money from the
State Grant to pay the Contractor, and the provision is not
there for that type of borrowing only.
The Chairman said that, normally, money comes from
grants and goes into E & D; we are asking for authority to
use the money, rather than put it in E & D.
Mr. Legro said that Federal and State funds usually go
directly into E & D We will need a Town Meeting to give
us authority to use these funds to defray construction costs .
With this authority, we will be able to award the contract
Upon motion duly made and seconded, it was voted to ad-
journ at 8:10 P.M.
A true record , Attest:
' Executive Clerk, Selectm
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