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HomeMy WebLinkAbout1974-01-03-BOS-min 3Th SELECTMEN' S MEETING January 3, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Thursday, January 3, 1974, 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/Engineering; Mrs. McCurdy, Executive Clerk, were present. Mr. O'Connell informed the Board that the current Cherry Sheet has Cherry been received with a favorable distribution of $1 ,059,000; it is larger Sheet than the forecast on which the tax rate was set; special education figure is $493,000, rather than $293,000 and, also, additional lottery money. Mr. O'Connell said that the School Committee has advised that the School current personal services budget of the School Department can be re- Committee duced $300,000. The personal services budget was over estimated at Budget Town Meeting. This will have an effect of $300,000 being returned to E and D, which would have no effect on this tax rate but about $1.25 on the next one. Mr. O'Connell discussed last week's ice storm and said he had Edison written to Boston Edison, on behalf of the Board, to thank them for Storm the exceptional job done. In turn, Boston Edison called him to express appreciation for the assistance of our Police and Fire De- partments. Mr. O'Connell discussed the energy crisis. A communication has been received from the Consumer's Council concerning the growing Im- Energy portance of establishing an advisory committee at the local level and Crisis he questions whether this committee could deal legally with a problem; however, there is a new law stating that a city or town may establish a committee for the purpose of investigation. "I don't think this town wants or needs an advisory commission." Chairman Kenney I think the Board concurs with your stated opinions that, at this level, it is not something that would be desir- able for the town. The Board agreed. Mr. O'Connell advised the Board that a trial plan has been drawn Cary up on scheduling Town committee meetings on Monday and Tuesday evenings Hall in the Town Office Building. The Bicentennial Committee and the Chess Club will use the Visitors Center. Cary Hall will not be used for any meetings. I 379 Selectmen's Meeting January 3, 1974 I 111 Mr. O'Connell informed the Board that formal notification has been received from the Department of Labor and industries with the names of DPW five approved arbitrators on the grievance of James McLaughlin, DPW Union employee. The procedure calls for each of the parties to indicate the relative acceptabilities of the cross-off practice. We will ask the advice of Town Counsel. Senator Ronald C. MacKenzie met with the Board. ,Chairman Kenney The reason the Board asked you to meet with us is to give you the opportunity for an informal report on matter coming up an Beacon Hill which would be of particular interest to us. Senator MacKenzie: We had a special session and bills have been filed on the energy crisis. Members of the General Court feel we Senator should wait for guidelines from Washington but I don't agree with this. MacKenzie The Secretary of Consumer Affairs is doing an outstanding job of trying Legisla- to pull state resources together. Because of the weather, it is not a tive crisis yet; we have an amount of fuel oil and a shortage of gas. A lot Action will depend on the Governor and a lot depends on asking citizens to cut down on speed and turn down thermostates. 1974 is election year for the Governor and at one time I recall we had all kinds of bills go through. The major concern of Lexington, as well as Burlington and Bedford, is the Airport. A statement has been issued by Crocker Snow, Massachusetts Aeronautics Commission, but I don't see much new in it. Massachusetts Port says quite often that this is all very much in the future, and they hope there won't be major objection because of shorter runways, Mr. O'Connell I agree with Senator MacKenzie that it has just been re-stated and it is the same proposal . Senator MacKenzie They originally said they want four airports to take a share and they will go to Secretary Altshuler, then make recommendations to the Governor, and have the Port Authority make recommendations. To date, Massachusetts Port has said nothing. Secondly, I would like to have comments from your Board on Chapter 1078, the new collective bargaining law which goes into effect July I. I don't know what amendments would be suggested by the Massa- chusetts Selectmen's Association. Chairman Kenney This is one of the items I wanted to touch on. Now, our position is we have to really find out how it is going to work. We see certain problems arising, such as binding arbitration. It is now the law and at some time in the future we would be requesting our legislators to support or file amendments. Senator MacKenzie I felt that members should not have the rights to strike. That is one you have to watch very carefully. Mr. O'Connell It seems to me that one of the stated purposes of this law and other legislation is to keep management or professional employees from being a part of other collective bargaining groups. With this legislation in effect, isn't it time the State took a look at unusual Fire and Police Chiefs' salaries? A 3S0 Selectmen's Meeting January 3, 1974 III Senator MacKenzie Quite often it is not looked at from the way I another bill was passed. One reason for separating was for control. l had calls from Lexington School Department as the administrators wanted to be in the union, and not be executives. Thirdly, I am concerned about the reenactment of the Boston Tea Party and the massive problem of transportation, and I am convinced that the legislature has no handle on this. Speaking as a member of the Bicentennial Commission, we haven't had sufficient meetings. The proposal tb acquire Mt. Greylock and Boston Harbor islands comes too late. I hope the state will take definite action and, if not, I would like to see Lexington, Concord and Bedford loudly proclaim. We are going to have tremendous problems and we should all join with the legislators. Chairman Kenney: We will be in contact with• you concerning that specific matter during the upcoming months. You know our plans are contingent upon certain assistance from the federal and state government. Funding, initially, is good and there are certain amounts of money for overtime, National Guard assistance, and for hospital type aid, if it is not forthcoming, it would mean major reduction in our plans. Burlington Mr. Brown Lots of people in Lexington are worried about your Strip sponsorship of the underpass at Route 3. It would be of interest if you would update these worried people. 1 Senator MacKenzie: They shouldn't be worried. The acres in Burlington to be developed were considered on a master plan. When I first learned of the bill being filed, I got,the bill killed in the senate. It was basically agreed at that time that it was not a question of whether it would be developed, and how. More informed citizens of Lexington had objections on anything that would hold up developing the land. It boiled down to - I. Whether that would adversely approach the water supply of Bedford, D N.R. finally said they would be against it un- less there was adequate protection there. 2. Traffic We asked questions of Burlington and they said "we will take care of it." I ignored that and killed the bill again. Another thing, in order to develop there was no buffer, and the bill was stopped for the second year. The thing that happened was that Burlington gave a buffer zone of 100 feet and Lexington did the same thing, to take by eminent domain for conservation purposes. Mr. Brown It is 10 feet in some places. Chairman Kenney When we first discussed this, it was a para- mount issue and the position of the Town was, obviously, we did not look forward to that land being developed, Particularly, beoause of the traffic, we wanted to stop any access and we were concerned with the buffer strip. We were talking about the density and I understand rezoning has changed the density. I :38i 111 Selectmen's Meeting January 3, 1974 Senator MacKenzie i think the zoning laws now are as good as Lexington and Bedford's and 1 have put seven or eight suggestions in the bill. There will be a public hearing.. I think we have an amaz- ing bill and prior to issuance of the permit, the Department of Public Works would have a joint consultation with MAPC, DNR, and Burlington Planning Board as to the most feasible access and location; the owners 'to provide DPW with preliminary environmental plans; DPW to have final approval of design construction and final approval of con- struction. Mr. Brown When is it going to be made public? Senator MacKenzie Within two or three weeks. Mr. Nordblom would like a meeting with the Planning Board and he promised to keep the building away from the buffer zone. Mr. Cohen It would be nice for the Lexington residents to use influence to make sure future developers aren't going to the Burlington Board of Appeals to get a variance. Senator MacKenzie I can't put it in a bill. Mr. Cohen But you can ask the question. Senator MacKenzie I will. The Board expressed appreciation to Senator MacKenzie and he re- tired from the meeting. Representative Lincoln P. Cole, Jr. met with the Board. Rep. Cole I will present the Burlington bill from the standpoint of Lexington traffic, which is a big problem. If you refer to the Needles' report, they did a traffic analysis for that land and, if developed fully, would increase traffic on Route 3 about two-thirds; the road would have to be widened or there would be a big traffic jam twice a day. When the bill was first filed, as long as I was in transportation it was unfavorable and the minimum time would be about five years. On the municipal bargaining law and the Chief's salary, as long as a Private goes up, the Chief's salary goes up. Chairman Kenney: We think that is a bad bill. Rep. Cole- You should be concerned with any bill where legisla- tion is forcing it down your throat. Chairman Kenney We appreciate the way you voted but the Select- men are concerned at the Legislature which would impose financial conditions on the Town. Rep. Cole: We"-try to put in Home Rule, so the Town may accept it. Chairman Kenney On Hartwell Avenue, this is one of our prime areas of concern and we realize you have been working on Eldred Street, and maybe some progress is being made. Rep. Cole The most direct way to resolve it is to meet with Commissioner Campbell. Mr. McSweeney I have requested that meeting. 3S2 Selectmen's Meeting January 3, 1974 Chairman Kenney: We will go back to Commissioner Campbell again. Rep. Cole That was one commitment I couldn't get. They gave me an estimate of $900,000. Chairman Kenney We estimated, with the structures, we could build it for far less than that. We'll definitely set up that meeting. Hanscom Rep. Cole Regarding Hanscom Field, they are trying to show that Field what is necessary is good surface transportation and that won't be until the 1980's. They are talking about high speed rail and if this is done there is no need for expansion of the airport. It is too early to tell about the impact on the new bill the President signed. Mr. King (Port Authority) assures me that nothing is planned in the foreseeable future on expansion. Mr. Brown I would comment on the Red Line extension. Peter Chalpin and I cover meetings. At one meeting with Secretary .Altshuler, the notice we have is the Secretary of Transportation is expected to recommend to Governor Sargent that the extension to Alewife via Massa- chusetts Avenue was approved; the extension to Lexington was postponed. Is it your feeling that is a correct statement? Rep. Cole It might be 1990. Mr Brown An important point of the meeting was that both Arlington and Somerville had opposed the extension to Alewife unless it went to Route 128, and this is a change in stance that it would go just to Alewife. Did the Governor recommend it go to Alewife? Rep. Cole That is the only logical way to do it. The only money available now is $6 million for plans and engineering and there is no construction money. It is going to have tough sledding even going to Alewife. I don't think we will live to see it out here. I have a meeting next week with MBTA. We have discussed earlier having mini-buses and we may have a couple of them in Town. As far as routes go, I would have to leave it up the the MBTA; I think it can be implemented. I have also asked for a couple of shelters. Chairman Kenney If they are available, we would want one or two in the Center but inform MBTA that they would have to go to the Historic Districts Commission. The Board expressed appreciation to Representative Cole and he retired from the meeting. Chairman Kenney requested the Board to approve bonds for Town Officials. Bonds Upon motion duly made and seconded, it was voted to approve the amounts of indemnity for bonds for the following Treasurer - $124,000; Tax Collector - $131 ,000; Town Clerk - $2,800. WWI Chairman Kenney informed the Board that a book has been dis- Draft covered in the Selectmen's vault containing registrations under the Book Selective Draft Act of Congress of 1917. All Lexington residents who had registered for service during World War 1 are listed. 38:3 SeleCtmen's Meeting January 3, 1974 The Board agreed that Town Counsel is to Check with the Town Clerk and, if it Is not a part of the vital records of the Town Clerk, the book could be offered to the Trustees of Cary Memorial Library for dis- plsy in the Lexington Room at the Library. Upon motion duly made and seconded, it was voted to sign the renewal of Common Victualler licenses for 1974, as follows Common Victualler Common Victualler Lodging House Licenses Battle Green Inn Russell House Le Bellecour Restaurant Folsom's Seafood Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on such matters which, if made public, might adversely affect the public Executive security, the financial interests of the town or the reputation of a Session person. After discussion of matters of financial interest, it was voted to go out of Executive Session and resume the open meeting. Dr. Howard Kessler, Chairman, and Mrs. Angela Frick, Conservation Commission, met with the Board to discuss Conservation Articles for Conservation the 1974 Annual Town Meeting. Articles Chairman Kenney You have submitted sixteen articles including a stabilization article for $300,000. This year, we have tried to get our Capital Budgets done early. The Town Manager met with you and we were carrying something like $ 100,000 on land acquisition. The budget was submitted to Capital Expenditures and Appropriations Committees and we are trying to relate this to Town Meeting. Now, we have a com- mittee coming in with these requests. Dr. Kessler Everything you say is right, except that you mis- interpreted the whole intent. The Town Manager and the Selectmen are aware that we were talking about a million dollar bond issue. Someone from the Appropriation Committee mentioned that another approach might be a stabilization fund for future land acquisitions. We didn't have enough time to work on which approach would be successful , and both articles went in. We hoped to work out an approach on land acquisi- tion rather than have it a sporadic thing from year to year. Even if we came in with no specific land this year, at least we thought it was clear to everybody that we wanted to set $300,000 aside this year. Chairman Kenney Why didn't you tell us and we would grind it in. Dr. Kessler I sat down early with Mr. O'Connell and discussed it; also, with the Appropriation Committee, although not in much detail. I 3S4 Selectmen's Meeting January 3, 1974 Mr. O'Connell I would point out that what is happening here is that the Capital Budget approach is breaking down when Dr. Kessler proceeds with the Appropriation and Capital Expenditures Committees. We have to have it before a certain time and that is the message I am trying to have understood. Conservation land will not be a major issue for 1975. The Commission emphasis will be on cleanup. Hillside Avenue will be a modest-size project under Capital Budget procedure, we have received no information from Conservation at any time, and you haven't submitted-the $300,000 for the stabilization fund. The first I heard was when 1 saw the sixteen articles in the Selectmen's office. Dr. Kessler Mr. O'Connell 's account is exactly right. At that time when we talked, we had very little in the way of positive land acquisition. However, what he hasn't told you was that when I left him it was with the understanding we would approach finance committees to seek the help of these people in the Town to develop the physical attitudes - approaches to long-range bonding for acquisition purposes. It was not the intent of Conservation to subvert the process. We ore amateurs without professional help. We couldn't give you an idea, even in July, as it is nebulous. Chairman Kenney I won't buy it. If you were talking a major $300,000 item, you should have told us. The only figures we had from you were nominal. Dr. Kessler We are talking about $3 million bonding over 10 years, which is $300,000. Mr. O'Connell The Conservation plan for bond issue is not new. I endorse it but it could have been in two years. If it is nebulous, it is not ready for Town Meeting. It is the absence of any Indication, and no figures have been mentioned to me. You can still have a bonding plan but it cannot have a bearing on the coming year. Chairman Kenney You have circumvented the budget procedure. Mr. Bailey We know it is our responsibility. To make sure it is in, get it in writing. Mr. O'Connell For the record, the Conservation Commission, to my knowledge, has made no capital requests in 1973. We have to operate in some organized system, not on the basis that he has talked to people. We have operated in previous years with a letter from Conservation Commission. Dr. Kessler I made a mistake and I will accept full responsibility for doing so but I would like to know why somebody couldn't have picked up the telephone. Chairman Kenney We went on the basis of the Manager's report. Dr. Kessler Why do we have Dave Hughes? Don't you have any feed- back? Mr O'Connell I would point out that we had no awareness until the Selectmen's office received the articles. Dr. Kessler Don't you read our minutes and don't we have your administrator? I Selectmen's Meeting January 3, 1974 Mr. O'Connell He is not there for the purpose of reminding con- servation that it has not complied with the procedures. Chairman Kenney We have a Capital Budget procedure and we have to follow it. Mr. Bailey Why wasn't it important enough to make a Simple submission according to Capital procedures? Dr. Kessler I did not think it was important enough. If the Selectmen would like to sit down with the Conservation Commission, I can explain the articles. If you felt we were coming in eri'th too much money, we were perfectly willing to discuss the philosophy and prior- ities. We haven't made up our minds. Chairman Kenney The most constructive thing we can do now is to ask your Commission to re-examine articles for priorities. If you aren't prepared for some, we won't vote them. I haven't even heard of a stabilization fund. Mr. O'Connell We still have a total Capital Budget determination to be made before Town Meeting on May I. May I suggest that unless you want to change the law that it be done on that procedure. This law was not invented by the Town Manager. I would point out in terms of Town Manager cooperation, I put in what I thought was in anticipation of what Conservation was going to do. I only wanted the financial inform- ation that confirms what I ask for in money. There is money for the Hillside Avenue article. If that isn't cooperation... Chairman Kenney When we started the preliminary Capital Budget, there was only a nominal amount there and I would have to have a strong story to change my mind Dr. Kessler and Mrs. Frick retired from the meeting. Messrs. Howard, Greeley and Michelson of the Executive Board of the Bicentennial Commission met with the Board to discuss an Article on the rededication of the Battle Green. Bicentennial Mr. Greeley The whole point of rededication of the Common is Article that it can be done by the Town. One of the things we are commemorat- ing in 1975 is the democratic action and that we are still the kind of Town that determines its own destiny, rather than something that is arranged by a committee. I would like to have the Town decide first whether it wants to have a rededication. Assuming it would, it would be healthy to have a discussion with you and on what terms we have it; to have citizen education and a school education project. To have Town Meeting, not the Selectmen, decide in a specific sense for what they, are going to rededicate the Common and to acquaint Town Meeting with the whole program to get background participation for next year. As far as I know, there is no legal objection to this and I think it should be taken seriously rather than casually. Town Meeting could speak on the process itself. Chairman Kenney I didn't gather you were talking 1975 Town Meeting ratifying anything. 386 Selectmen's Meeting January 3, 1974 Mr. Greeley There is a relationship of the time schedule to the physical , and I would much rather have Town Meeting take action in 1975. If we had a Special Town Meeting in the fall , and I am not recommending it, we would have time for physical participation. Chairman Kenney My point is, is the article this year necessary? Mr. Greeley It is necessary to really notify the Town, and we want ToWn participation in it. It seems to me the right way is to ask the citizens in advance "Do you want to do this?" Mr. Bailey It is better than waiting until Town Meeting of 1975. I think it would be a mistake not to do something this year. Chairman Kenney Your timetable is tight. Mr. Greeley I know. We have appointed Rev. Handley to do back- ground work. Chairman Kenney thanked them for the informative meeting and Messrs. Howard, Greeley and Michelson retired from the meeting. Upon motion duly made and seconded, it was voted to adjourn at 10 10 p.m. A true record, Attest ecutive Clerk, Selectmen y',40.)) 1