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HomeMy WebLinkAbout1974-11-25-BOS-min 125 SELECTMEN'S MEETING November 25, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, November 25, 1974, at 7 30 p m. Chairman Kenney, Messrs Bailey, Busa, and Brown, Mrs Battin; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel;_ Mr McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present. Mr Roy Weinstein, 6 Nickerson Road, and Mr Ronald G Grammont Grammont met with the Board concerning the proposed sewer to be constructed by Sewer Mr Grammont through a Town-owned easement at 6 Nickerson Road Mr Weinstein There are two things to discuss One is the gen- eral problem of that type of easement, and the other is a specific problem. On the general problem, there is no question in my mind that everyone has acted properly it is not a problem of personal action but of procedures regarding easements of this sort As best as I can determine, there are one or two of them a year In my mind, the Town turns it over to a private person or developer and the property owner shares a loss because it follows a different course Notification falls between cracks. It isn't clear who is respon- ' sible for notifying the property owner The line of sewer is not staked out; that is not done It gets rather loose when there is a third party involved Because of possible loss, as a general proce- dure at the time it is brought to the Selectmen, the property owner should be notified. A formal meeting with the property owner should be standard procedure because of the fact that the property owner will lose On the specific problem, I have no question on the intent of the easement. X assume the sewer will be built. The problem is in the line of the sewer The easement runs from Nickerson Road up to Aaron Road and the way it was laid out makes it clear that the intent was to run up to Aaron Road. Three trees are endangered, and our German Shepherd is tied to these trees If an easement was taken by the Town in Aaron Road, it would miss the three trees My problem is that Aaron Road is not being treated as it would have been if the Town built the sewer Mr McSweeney To accomplish what Mr Weinstein is referring to, the line would come down just off the property line , with the install- ation of a manhole Mr Weinstein Mr Coscia (DPW) strongly recommended against the manhole Chairman Kenney I thought we were going to take only one tree down Mr McSweeney Yes, the one at the rear II 126 Selectmen's Meeting November 25, 1974 Mr Bailey I£ we concede on the rearmost tree, can it be done to Mr Weinstein's satisfaction? Chairman Kenney Assuming we can, if it meets with mutual satisfaction, we will go that route Assuming we can't, go back to the original plan we have; Mr Weinstein doesn't want that manhole Chairman Kenney to Mr McSweeney Meet with Mr Kocher of 4 Nickerson Road, and Mr. Weinstein and explore the possibilities of avoiding the trees If not, go back to the original plan and give Mr Grammont his permit It has become apparent to me that after having an instance where the Town is not directly responsible, perhaps a change in procedure would be better We will take due care that in the future all con- cerned will be notified Mrs Battin I would also add that the property owners will not only be notified but we would have a hearing at the same time The Board agreed Mr O'Connell gave a summary report on federal funding, as a re- sult of his trip to Washington last week On the Housing and Community Development Act, that is where all the money is Programs included Federal Fund- housing and community development, transportation, environmental pro- ing-Housing & tection, CETA, Bicentennial, elderly, etc When the Housing and Com- Community munity Development Act was filed, it was called the Bettered Community Development Act, and it has direct bearing on revenue sharing It is determined by formula which cities are entitled and it focuses on blighted areas and low income families The new Act reduces red tape and makes sig- nificant changes in municipal responsibilities The program has to be administered by or through the chief executive function and there is no local appropriation action needed. There is much more freedom as it can be spent anywhere in the community; the community handles it as it sees fit It is very broad in terms of how it is administered, and it is keyed to housing but is 100 percent federally funded FY 75 money is locked up; $2 5 billion is planned funding for 1975 and 80 percent of this is committed and will be restricted to cities of 50,000 and communities of over 200,000 There are 400 so-called en- titled cities; Boston gets $30 million by the formula of population, poverty, overcrowded areas, etc We are one of the communities out- side of this 80 percent group but inside of SMSA, to which part of the 20 percent discretionary fund applies The balance of the 20 per- cent goes to communities who are not in the 20 percent but in SMSA, and that is where we fail statistically Chairman Kenney There is not much left of the pie for us Mr O'Connell agreed We were hoping there was an area where our type of application would fit in The mechanism which provides for "pre-application" is on a short form but you have to have housing as- sistance program as part of a comprehensive plan We might have a pretty respectable housing assistance plan on the basis of what has been done for the elderly The other aspect is what the Town is doing under the transfer of tax title land is to be refunded by the federal govern- ment. ALla Selectmen's Meeting November 25, 1974 Chairman Kenney How do we go about filing the pre-application form? Mr O'Connell It gets you an informal meeting with HUD We would have to pull together a Town-type program and would have to pull in LHA. It should be an effort with the Selectmen,, Planning Board, Lexington Housing Authority. We have the agency that has some in- volvement and it would have the most impact if fochised toward the low income elderly There is no formality to the pre-application Chairman Kenney Have you procured any forms? Mr O'Connell No, they are not printed yet The deadline is April The money available, from our standpoint its partly the result of the whole harmless clause, which disappears in three years Chairman Kenney Is there federal reimbursement for a sewer pro- ject? Mr O'Connell We would be competing against Waltham and they would be away ahead of us Chairman Kenney• Have Mr Briggs (Planning Director) discuss it with the Planning Board and we can have a joint team with them and the Housing Authority Mr O'Connell agreed. Police Chief Corr, the Appropriation Committee and the Personnel Board met With the Selectmen Appointment Chairman Kenney We have a vacancy on the Personnel Advisory Personnel Board since the resignation of Neil Chapman, and nominees for re- Advisory placement have been sent to the Appropriation Committee We think Board Donald Comstock, 136 East Street, President of Bellofram Company, is well qualified as he has been in management development programs and personnel work. The Appropriation Committee agreed Upon motion duly made and seconded, it was voted to appoint Mr Donald Comstock a member of the Personnel Advisory Board for a term of office expiring March 31, 1976 Mr Busa For the information of the Board, two policemen were hospitalized this weekend. Police Chief Corr At the present time, they are home They received Department a severe pummelling by at least four people in the Watertown Street area. We expect they will be back to work in a cduple of days The police department was called because of a family situation and two policemen answered. Six people were at home and one crawled to the cruiser for help We called Arlington for assistance and they sent five men There is a definite need for additional police manpower Two years ago, I said the same thing 128 Selectmen's Meeting November 25, 1974 Chief Corr presented his request for additional manpower Police Investigations There is a need for police services In 1962, Department we received 3,500 calls and in 1974 we received 9,500 calls for as- Personnel sistance Requests Serious Offenses These increased from 361 in 1961 to 1,263 serious crimes in 1974; tripling in a 12-year period Arrests Up from 700 to 7,000 in 1974; these include traffic Fines $4,000 in 1955 increased to $81,600 in 1974 Housebreaks From 100, they are up to 350 a year, averaging one housebreak a day Auto Theft This is a severe problem. Dropped from 170 last year to 130 this year, due to locking devices Of the 96 stolen, we recovered 66, valued at $182,000 Stolen Property The value has risen from $50,000 to $600,000 Our recovery rate has dropped this year; this includes automobiles Accidents 1,000 accidents this year. There is a traffic en- forcement program going on in the community, and the lowering of speed on Route 128 and Route 2 has helped Police Officers on Duty In 1957 to 1965, it ranged from 30 to 36 men It was difficult to ask for additional manpower because only citizens of the community could be put on, and only residents took the exam. Now we can go outside In 1967, legislation was put through which allowed us not only to pick from other lists but allowed cities and towns to pick from anywhere in the Commonwealth of Massachusetts We had 43 police officers in 1967 and now we are back to 43 In 1970, because of the decision by Judge Wyzanski, the list was frozen and we have not been able to put a police officer on Now, we should be able to put on at least 6 police officers from that list in a couple of weeks We have not increased since 1967, when we put on 8 men Mr White, Appropriation Committee Flow long have you been authorized for 51 men? Chief Corr Since 1969/70 Mrs Flynn, Appropriation Committee Are cadets included in the 43? Chief Corr No We have 6 cadets Chairman Kenney Normally, two of them are in school Chief Corr They are not sworn police officers We are enticing them to go to college and get a degree, and then convince them that Lexington is the place to come Cruiser Control Section I have recommended this for the last several years At the present time, this town is divided into four equal sections, and we have a 1-man patrol car assigned to each We hope to have a 2-man car as back-up car but we have not been able to put that 2-man car in operation With vacations, sick leave, and the lack of personnel, that car sits out back Mr. Chapman What happens if you have an accident Does that mean the other zone is unattended? 129 Selectmen's Meeting November 25, 1974 Chief Corr Yes, the dispatcher tells the other vehicles that they will cover that section I recommend that minimum patrol coverage is 4 men; 1 man plus 2-man cruiser plus the patrol supervisor In addition to other shift coverage, typical coverage is - and we would like to see working on a shift - Com- manding OffliCer, Lieutenant, Desk Officer, Patrolman, a man in Lexington Center, foujr 1-man cruisers operated by Patrolmen, one 2-man cruiser would be operated by two Patrolmen, 1 Patrol Supervisor, 1 Sergeant, 1 Detective (he is not on from midnight to 8 00 a.m.) , 1 Dispatcher Civilian positions in the department Four in clerical, 1 dis- Police patcher during the day and 1 in the first half; 1 mechanic who takes Additional care of cruisers and meters uptown; 6 police cadets, only 3 on at a Personnel given time while they are at college The only time all 6 are on Request would be during the summer months In order to implement minimum staffing, it would be necessary for us to add a minimum of 5 additional police officers I would remind you that in 1942, it was 47 and, in 1974, it is 43 Authorized strength is 51 men I am recommending in 1975 to increase that by 5 police officers, plus the position of community services officers - 3 of them. It is important because of the fact that we have spent 6 years on the police cadet program, which started in 1968 and this is the completion of 5 years; they graduate in 1975 Inasmuch as the police list is tied up in litigation at the present time, civil service has not indicated they are going to give any new exams in the next 6 months We have 3 cadets graduating next June, and nowhere to go in the Lexington Police Department. We have spent 5 years training them, and it seems a terrible waste to lose these boys after having spent Lexington taxpayers money The only way is to develop the new position of community service officers, which is the terminology of LEAA, and the pay would be commensurate with his position They would not have the power to serve criminal processes This is the important part of my budget request, so that we won't lose these boys Chairman Kenney Let them understand that if it were not for the civil service problem, you would be asking for 8 Chief Corr Yes Chairman Kenney Also,- if they could take the exam and once this civil service list is furnished, you wouldn't have that position? Chief Corr Yes. Mr Bailey You can get 6 off the list? Chief Corr Yes, we are doing the background now Chairman Kenney As I understand it, although you are down to 43, it is these extra names that are needed In order to get by, you have call back Chief Corr Good point We are eating it up by time and a half rather than straight time and, at the way we are going, we would not have enough money to carry us through Forty-three are not enough to 130 Selectmen's Meeting November 25, 1974 protect areas of townbecauseof thenumber injured, out sick, etc Tonight we hired two people and they are working a double shift. There is a very definite strain on the Police Department II Mr Chapman It might make people understand if you talked of the problem of civil service and why you haven't been up to strength. Chief Corr We have had it for the last three years Judge Wyzanski said the exam was considered to be discriminatory because minority groups were not give a crack at the exam, and he froze the civil service list and said that you will not be able to hire until the exam is not discriminatory The State appealed to the Court of Appeals, and we lost Since then, it has been in litigation The Court passed the residency bill as a result said that we will take your residents and put them on top of the list - and that was declared discriminatory It went to court and we won in Superior and won in the Supreme Judicial Court. The minority group went back and got an injunc- tion that no appointments be made Now, thanks to Mr Cohen, we have solved the problem with minority by giving them the opportunity for them to come here A list was sent to us last week and we are in the process of examining it. Mr O'Connell I would point out that the community officers will have to do it if it is not possible to get it done Chief Corr Without the cadets, we would be in serious trouble as they are performing jobs of police officers Three of these boys have 5 years with us Chairman Kenney Do these three want to join? Chief Corr They have indicated a desire to become Lexington Police Officers Mr. White Will they accept that interim position? Chief Corr I haven't mentioned it to them until I have an indi- cation of approval In my opinion, it could be "Yes, they would accept it." Projected estimates The population is approximately 33,000 and in 1990 it will be 48,000 We had 51 Police Officers in 1973 (author- ized) and that, based on the average of 1 8 Policemen per thousand, it will be 85 in 1990 Productivity In the Police Department, we have been involved for the last 10 years in trying to improve We felt that the community was not being properly covered so we went to a 1-man car We were criti- cized because most of the men didn't want to drive alone 2 Civilian Dispatcher This was instituted 7 years ago because a policeman was answering the telephone and it should be a civilian, which would put the officer in the street 3 We changed the parking meters in the Meriam Street area and found one meter that didn't need to be wound, and eliminated sending an officer to wind 4 Courtroom standby To eliminate this, we put him on standby We get a call from the prosecutor and when they have to testify they get a call from the Captain and they have to go to court � PJ 1 Selectmen's Meeting November 25, 1974 III 5 Cruiser maintenance They have 70,000 miles on them; they are fine lobking cars and a great effort is made to keep them in good order 6 Eliminated call boxes We paid $10 50 each month to the Telephone Company and we now use outside telephones Chairman Kenney That is $1,000 a year 7. Annual physical We have a weight requirement Keeping our troops in gbod shape gives better service 8 Re-writing of regulations We did this with the Selectmen We think that is productivity 9 Established a Patrol Supervisor 10 Placed resuscitator in each car for citizens. 11 Civic speaking team. We have at least 10 people in the de- partment We think that is productivity 12 Performance evaluation under the merit system was instituted by the Town Manager and the Selectmen 13 Department photographers to take pictures; 7 men 14 Selective enforcement 15 Handwriting of reports on patrol; written in longhand while on the street and re-written by the girls in the office 16 Cadet program. 17 Officer schooling; we have taken advantage of all opportuni- ties. 18. Established a Boy Scout explorer program in the Police De- partment; we tell the boys to come and join to become law enforcement officers Chairman Kenney to Chief Corr We appreciate the enthusiasm with which you have given your presentation Are there any questions from the Personnel Board? Mr Butler, Chairman Personnel Advisory Board It was most im- pressive Do you have any items on a "wish list" you would like to take place? Chief Corr Yes, the 5 officers and 3 community service officers Mr. Comstock, Personnel Advisory Board Are the duties of the community service officers different from other officers - the fact that they are non-civil service, do they perform different functions? Chief Corr The rule is that they would not be allowed to serve a criminal process as we would run into trouble with civil service Mr Comstock Was the authorized strength authorized by the Selectmen? Chairman Kenney Authorized by Town Meeting Mr McGonagle, Personnel Advisory Board Are these (policemen/ population) your figures or Metcalf and Eddy's? Chief Corr Metcalf and Eddy's Using 1 8 Policemen per thou- sand, the Lexington Police Department ought to be at the strength of 61 at the present time 132 Selectmen's Meeting November 25, 1974 Mr White, Appropriation Committee If there were some way to add people to the force immediately, how would you go about doing it? You plan to add 6 immediately and, assuming the Town authorizes the in- crease, do you think there would be a problem at the next budget? Chief Corr I am asking for authorization to increase my strength so I can be ready to add when I can If I get authorization, I will make every effort to fill it I can't understand why the Director of Civil Service has not established a new examination If it were held in December, it would be September before the positions are filled I hope you give the authorization Mr White You have 43 now and hope to add 6, which is 49 You will still have two slots Chief Corr From the list, I don't think they have the qualifica- tions to do the job If 4 vacancies, we can only look at 6 names, and we can't go beyond these 6 names Mr White Could you ask for a new list? Chief Corr We could put on 6 and, at a later time, ask for a new list. Mr Chapman, Personnel Consultant Do you see anything on the hori- zon in terms of technological changes coming to Lexington to improve police service? No surprises? Chief Corr No surprises Chief Corr, Appropriation Committee and the Personnel Advisory Board retired from the meeting School Com- Chairman Kenney informed the Board that the School Committee has in- mittee School vited the Selectmen to a joint meeting on December 11, 1974 in Estabrook Survey Hall to discuss the Drummey and Rosane School Survey of Buildings and the declining enrollment in schools The Board members agreed to attend the meeting ( Fire Chairman Kenneyread a letter of appreciation from Dr Perlmutter pA Department of Symmes Arlington Hospital for assistance received from Deputy Fire Chief Silva and Ambulance Coordinator Quinlan in the Cardiopulmonary Resuscitation course at the hospital The Board agreed to write a letter of thanks to Mr Silva and Mr Quinlan Sidewalk Chairman Kenney read a letter from Raymond Dellovo, 1 Valley Road, Construction regarding the status of his request for the construction of a sidewalk Bedford St. & between Valley Road and the Parker School on Bedford Street Valley Rd A report from Mr McSweeney was read stating that the Telephone Contractor has been in the area and must be released from all his obli- gations before the scheduled sidewalk construction could begin Due to weather conditions, the project is re-scheduled for the spring. The Board agreed to so inform Mr Dellovo 1.,t.. Selectmen's Meeting November 25, 1974 111 Chairman Kenney read a memo from Mr Robert Tarlin, Bicentennial Director, regarding 1976 Bicentennial plans Mr Tarlin requests com- ments from the Selectmen on the following alternatives 1976 Bicen- tennial 1. To have the 1976 parade and be prepared to ask the taxpayers Parade for an additional $60-70,000 for its logistical support 2 To place a 1-year moratorium on the p.m. parade 3 To have the parade and hope that current estimates of 1976 tourism in Massachusetts will not significantly impact Lexing- ton in April of that year The Board agreed to request Mr Tarlin to meet with the Bicenten- nial Committee to discuss the matter and report back assoon as possible because of budget involvement. Chairman Kenney read a letter from the Middlesex County Engineer stating that his department is in the process of establishing a county bounds program within each city and town in Middlesex County, doing all engineering work and supervision of the setting of the bounds Any city or town interested in the project will be required to provide the granite bounds and the labor to set them. Chairman Kenney What is the cost of a bound? Town Mr McSweeney $30 00 Bounds - The Board agreed that Town Engineer Chase is to meet with the County County Engineer to discuss the project and report back to the Board Engineer For the information of the Board, Chairman Kenney read a letter from State DPW Commissioner Campbell stating the following funds are Highways available to Lexington under each of the following programs Chapter State Aid 765, Acts of 1972 $47,686 per year for Fiscal 1975, 1976 and 1977 Chapter 497, Acts of 1971 Approximately $135,000 will be made available to Lexington on the Cherry Sheet, which will be distri- buted early in 1975 for expenditures in Fiscal 1976 Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meetings held on May 29, June 3, and Minutes November 11, 1974 Chairman Kenney read a request from MAPC to participate in and adopt a resolution on a joint plan for a coordinated wastewater man— MAPC Water agement planning effort for the Boston Metropolitan Area Quality The Board agreed to sign the resolution, with deletions, subject to the recommendation of the Director of Public Works/Engineering Chairman Kenney read a request from the Knights of Columbus for K of C an extension of hours, under the Club Liquor License, to 2 00 a m on New Year's New Year's Eve 134 Selectmen's Meeting November 25, 1974 Upon motion duly made and seconded, it was voted to grant the re- quest of the Knights of Columbus for an extension of hours under their Club Liquor License to 2 00 a m. on New Year's Eve. By-Laws Chairman Kenney informed Town Counsel Cohen that, due to the 24- 24 hour hour opening by the White Hen Pantry on Massachusetts Avenue in East Openings Lexington, an Article will be in the Warrant regarding operating hours of retail establishments Chairman Kenney informed the Board that an application has been Common received from Peter's Delicatessen, formerly Arno's Deli Victualler's Upon motion duly made and seconded, it was voted to issue a Common license Victualler's license to Peter's Delicatessen, 321 Woburn Street, with hours of operation of 6 00 a m. to 7 30 p m. - 7 days a week The above premises have been inspected and approved by the Board of Health Chairman Kenney read a recommended list of nominees, submitted by Re-dedication Rev Harold Handley, Chairman of the Re-dedication of the Battle Green of Battle Committee, for appointment to his committee These members would be in Green addition to the following members appointed on March 25, 1974 Rev Committee Harold T Handley, Chairman; Messrs. Fred C Bailey, Roland B Greeley, Richard A. Michelson, Rev Henry H Clark-Hancock Church, and Rev II/ Robert Zoerheide-Unitarian Church Upon motion duly made and seconded, it was voted to appoint the following additional members to the Re-dedication of the Battle Green Committee Mrs. Margery M. Battin, Mrs Elizabeth Clarke, Mrs Margot Tutun, Msgr George W Casey, Cornelius Cronin Mr Buse reported that the Trash Committee will meet again to re- Waste Paper evaluate their decision on collecting waste paper We would still like Collection the public to save it The bottom of the market has fallen out, and it went down to $3 00 a ton last week We would like to recycle and will have to hold off until the first of the year Ten tons of paper were collected by the Temple at a total of $30 00 Miller Disposal collected $25 00 and that left $5.00 for the Temple Capital Mr O'Connell distributed copies of Revision #1 of the FY 76 Capital Budget Budget to the Board members. Mr O'Connell Now you can start and make your determinations con- cerning the Capital Budget The Board agreed Upon motion duly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing, deliberating or voting on matters Session 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 Upon motion duly made and seconded, it was voted to adjourn at 10 15 p m. � A true record, Attest y, e O`7 Executive Clerk Selectmen