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HomeMy WebLinkAbout1974-05-13-BOS-min 531 SELECTMEN'S MEETING May 13, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, May 13, 1974 at 7 30 p.m. Chairman Kenney, Messrs Bailey and Brown, Mrs Battin; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Direc- tor of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present. Mr Louis Zehner, Town Treasurer, met with the Board to request ap- proval of borrowing $85,000 for the acquisition of the Porter Land. Bids have been received and the lowest bidder is the Lexington Trust Company Treasurer at 3 95 percent, notes to be dated May 17, 1974 and mature on September 30, i974. This will be combined with the sewer loans in a bond issue that will have to be floated before September 30, 1974. Upon motion duly made and seconded, it was voted to grant approval to the Town Treasurer to borrow $85,000 from the Lexington Trust Company at 3 95 percent. Mr O'Connell introduced the new Health Director, Mr George Smith, Health to the Board Mx. Smith began his duties in the Health Department on May 6, 1974 and the Board members welcomed him as a new addition to the staff Director Mr O'Connell informed the Board that bids have been received on the cleaning, caulking, pointing and silicone protection of Cary Memorial Building. He recommended that the contract be awarded to the lowest Contract bidder, F DiCenzo and Sons, Incorporated, 25 Valley Road, Medford, in 75-3-E the amount of $5,150 Authority for this work is contained in Account Cary #5250, 1972 Carryover, Town Building Maintenance Expenses, and 1973 Memorial Budget Account #5250, in the amounts of $2,939 74 and $5,000 00, respec- Building tively. Upon motion duly made and seconded, it was voted to award Contract 75-3-E to F DiCenzo and Sons, Incorporated in the amount of $5,150 for cleaning, caulking, pointing and silicone protection of Cary Memorial Building. Mr O'Connell recommended that the Town have insurance on the Cary Memorial Library and the Branch Library for $300 bodily injury and Cary $50,000 property damage, which would be at a cost of $103 per year to the Library Town. He had received a letter from the Library Director, on behalf of Insurance the Library Trustees, indicating that it would be a desirable thing to have This would be covered under the Insurance budget account Mr Bailey If it makes sense from the Town's point of view, we (Trustees) would enthusiastically endorse it The Board agreed to accept Mr O'Connell's recommendation. 5:12 Selectmen's Meeting May 13, 1974 Mr O'Connell informed the Board that he had received word from the Massachusetts Historical Commission that the Town will not receive Buckman $6,600 for Buckman Tavern under the fiscal year 1974 grant from the Tavern National Park Service Historic Preservation Program. The allocation had Grant previously been made and is good for two years, but the grant request will be turned down because the project has been completed There is some possibility that something may have to be done to Buckman Tavern after the heavy Bicentennial traffic Application could be made out on a matching fund basis Mr O'Connell recommended approval of a transfer of $2,591 95 to the Sewer Maintenance Account #5700 for current unpaid bills This is Transfer the second section of a total of three transfer requests we forecast Account for $7,400 This request is to pay bills of the Boston Edison Company, #5700 New England Telephone Company, Boston & Maine Railroad, and the Lexing- ton Lumber Corporation. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for approval of a transfer from the Reserve Fund to the Sewer Maintenance Account #5700 in the amount of $2,591 95 Mr O'Connell recommended approval of a transfer of $500 00 to the . Transfer Ambulance Account #4200 for repairs to the ambulance and for anticipated Account bills in May and June #4200 Upon motion duly made and seconded, it was voted to request the Appropriation Committee for approval of a transfer from the Reserve Fund to the Ambulance Account #4200 in the amount of $500 00 Town Clerk Mr O'Connell advised the Board that he had received a transfer re- Election quest from the Town Clerk for $2,500 00, which is her estimate of what Acct. 1950 her Elections Account #1950 will incur for the contemplated Referendum. No action taken at this meeting Mr James Chase, Town Engineer; Mr William Martin, Assistant Town Engineer; Mr Warren Empey, DPW Manager, met with the Board to update Hartwell the members on conditions at the Hartwell Avenue Sanitary Landfill Avenue Mr McSweeney We have probably reached the point, as Engineers, Sanitary as far as we can go on the Hatch Act. It started in February of 1972 Landfill with a Cease and Desist Order from the Department of Natural Resources and a citation from the State Public Health Department regarding opera- tional procedures We cleaned Kiln Brook and abated the water conditions regarding damming of the water We then received notice that they wanted to take us to court We had money in the 1973 Warrant for a plan by C.E Maguire and the Attorney General's office agreed to hold off We finished the study and, in February, we filed but they would not review our plan until the Conservation Commission had reviewed it We continued !0 r.") '; f IIISelectmen's Meeting May 13, 1974 to clean the brooks We conducted the various hearings with the Conserva- tion Commission and we have not yet been able to get an Order of Condi- tions We were told by DNR that the Conservation Commission was now out of it and it would have to be reviewed by DNR. We appealed by registered mail and we can't seem to get an answer whether they will hear us or meet with us We asked for an informal hearing We thought we could go in as we wanted to comply but they just sat there and said they forced us into filing a registered letter seeking the hearing In the meantime, despite 1 a number of calls, there is no answer For the past two years, we have complied in every engineering manner We are running out of space and of time We are still in that small area and it is closing in, and it is inefficient to run We are satisfied with Maguire's report; it is sepa- rate from the Planning Board study We have the retention area and the mobility to move around out there and develop the land We need your support. Chairman Kenney The matter is no longer in the hands of the local Conservation Commission via the Hatch Act? Mr Chase They (DNR) told us that sanitary landfills are too con- troversial Chairman Kenney They won't accede to your request for a hearing? Mr. Martin All three agencies, DPW, Planning Board and Conserva- III tion, have tried to get DNR to move on it Where do we go next? Mr Bailey What is the DNR statutory authority? "Thou shalt not fill until you have the paper from DNR to fill?" Mr McSweeney There is no time limit on this It does say he has to do it 28 days after the hearing Mr Martin There is an Act called the Administrative Procedure Act. Mr Bailey They say nobody can fill without specific authority from DNR? The Hatch Act is still the overriding authority? Mr McSweeney Yes Also, the fact that they do not have any rules and regulations and are trying to hold off until they put these rules to- gether Even their decisions are arbitrary There are other cities and towns running into the same problems Mr Cohen You originally filed with the Conservation Commission? Mr McSweeney Why did you go to the DNR? Mr Martin The Commissioner intervened and they sent a check list and requested additional information, and on that list they stated if the applicant is asked for additional information, he can request a meeting with the Commissioner Mr McSweeney It was not additional information, it was a condition Mr Cohen So we have not furnished DNR with all the information? Mr McSweeney Yes, we did, and we were prepared to submit any addi- tional information. Chairman Kenney Have you talked with them since the registered letter Mr Chase Yes Mr Kroll got out the file and he said, "We haven't done anything on that " .3 r- 6 Selectmen's Meeting May 13, 1974 Mr McSweeney It is time the Board did something and we would also want you present at a hearing Mr Cohen Give me copies of correspondence, the application to the local Conservation Commission and the letter DNR sent to you. Mr Chase There was no letter Mr Cohen Give me what they asked for on information and I will call someone in DNR. The Board agreed if it is not going well, an appointment will be re- quested Mr O'Connell The problem is DNR is confused about procedures.. I believe it would be helpful if the Board wrote a letter to Commissioner Brownell My personal feeling is that the Board should ask for a hearing I don't think DNR can sit on this and not issue an Order of Conditions. Mrs Battin I agree with Mr O'Connell Chairman Kenney to Mr Cohen You make the call to DNR and then we can write the letter or go in and see Commissioner Brownell Mr Bailey If they come out and issue that the order is for fill- ing, then we have something to shoot at Mr Cohen agreed to call DNR. Mr Chase, Mr Martin, and Mr Empey retired from the meeting The Appropriation Committee and members of the new Personnel Advisory Board - John Butler, W Neil Chapman, William McGonagle, and Paul Sidman- met with the Selectmen. The fifth member, Nicholas LaFauci, was unable Personnel to be present Advisory Copies of the following were distributed Board The Personnel Policy Board will 1 Counsel on the appointment of a Personnel Director 2 Concur in recommendation of Town Manager on selection of consultants and scope of work; evaluate the results 3 Propose possible job classification system 4 Oversee preparation of a Personnel Manual. 5 Review and report on organizational changes 6. Conduct comparative salary reviews 7 Study the form, function and scope of a permanent Personnel Board. 8 On all of these matters, report to and advise the Selectmen and the Appropriation Committee Chairman Kenney Funds were appropriated under Article 4 for a Per- sonnel Director and the Selectmen would look to the committee to advise them. Also, to assist in selecting, with the Manager as the authority, a personnel consultant firm to come in and look at the Town employees' 6 ft, Q3 0 Selectmen's Meeting May 13, 1974 salaries and the job classification system to see if we are in line, and how it can be improved The Appropriation Committee would be looking to you to review and report on wage changes and new grouping in Public Works, and you would give us your advice Mr Furash We look forward to your participation and help in our work. We have divided the work in two parts. On the selection of a Personnel Director, we need a first class professional for a Director, and funds are in the budget indicating clerical help You have to look at different individuals and take a good, hard look outside 1 Chairman Kenney They are counseling; the Director's appointment will be made by the Town Manager Mr Chapman These would be recommendations to the Town Manager or the Selectmen? Chairman Kenney To the Town Manager Mr Furash It was not my reference to change that Chairman Kenney I want them to understand it I want to make sure they come to some conclusions Mr Chapman The kind of man you get will depend on who he reports to Chairman Kenney To the Town Manager Mr Furash There is a determination of an immediate mission 1 Job Classification System; 2) Personnel Manual; 3) Personnel Records; 4) Job Descriptions; 5) Personnel Department Functions, and from this comes the selection of an appropriate Consultant The Town really has to start from scratch and, put material together and see that the right system is in place and, to do this, outside help is needed Town Meeting voted funds for a Director and, in order to get it off the ground, that is where we are headed. Mr. O'Connell I would like to comment that, so far, I am not sure we should use the title Personnel Director I use the form Personnel Adminis- trator Mr Furash You are talking about a personnel officer of sorts My comment made to Town Meeting was for a position devoted solely to personnel function. The Town Manager, the Board, and I will have to discuss this but he is clearly a personnel officer Mr O'Connell I have a list of priorities Job Classification System, Job Descriptions, Wage and Salary Administration, Job Classification and re- classification The management consulting work is intended to get the lion's share of tasks That is the core, the structure of the planned work of the management consultant This is going to take a certain amount of time de- spite its urgency I have made a list and, in some cases, data will have to be required, and on a timetable that would help us in collective bargaining These are Fringe Benefits Policy, Merit System Policy, Retirement Policy These are all matters that have been subject matters for collective bargain- 1 ing and need a complete policy review They are ever present on the bar- gaining table and are tied into budget Mr Furash That timetable for a year is important. From our point of view, these are probably quite right on what has to be done and are a major 53f6 Selectmen's Meeting May 13, 1974 factor on what we are going to be paying in the future on the tax rate The advice you bring to us will be important on how the future will be managed and will cost in the future There is a different atmosphere now and it requires more effort; it requires locking in by unions and will be areas of support work It will be subject to the discussion of what the Personnel Director might do; general wage and salary administra- tion equitability; the whole job classification and re-classification; the problem of moving rates back and forth Changes in secretarial grades also include vacations One I forgot to mention - the inadequa- cies of the grievance procedure The merit system is important over the time, and the Selectmen and Town Manager have done a fine job to replace the antiquated step system Mr Chapman Give us a picture of the funding Mr O'Connell $15,000 for Management Consultant and $12,000 in the budget for the personnel position, on the assumption that the first time around we wouldn't have a full year Chairman Kenney We have had a review done in 1962 by Evans We now have a basis from which to start and Mr O'Connell will make the policies available to them. Mr O'Connell Provided they accept them in the form in which they exist; it is not done on a systematic basis as some I give verbally Mr Butler Is the Personnel Director involved in collective bargain- ing? Chairman Kenney We have three unions; the bargaining spokesman is the Town Manager and we have teams and on each we have one Selectman repre- sentative, and we have had assistance from David Hughes We want to work the Personnel Administrator into this Mr Furash The role of the professional has to be determined by the Manager and the Selectmen because of the amount of time involved in negotiating Mr Chapman Has the Town decided on a broad policy in relation to productivity or on whether you want to hit a middle line? Mr O'Connell There are some broad things, such as collective bargaining Mr Chapman Do you have a creed you are ready to stand behind, or is the answer there isn't anything concrete in terms of what your policy is? Give us the general feeling Mr O'Connell In collective bargaining, the Town tries to be a very responsible employer Chairman Kenney When we instituted the merit system three years ago, part of it is they would be monetarily rewarded by increasing pro- ductivity We have the Police on merit and it is the only one in the nation I would suggest that Mr Butler call the first meeting of your board and our office will handle the duties for you until you get set up Mr O'Connell will come to your first meeting Mr Furash We are very appreciative of your volunteering for the job; the contribution to the Town will be immense Both of our boards I Ay eEfeo Selectmen's Meeting May 13, 1974 look forward to working with you and the Town Manager on this project After you get thoroughly involved, we look forward to meeting with you, especially as the budget year comes about The Selectmen thanked the members for meeting with them and the Personnel Advisory Board retired from the meeting Chairman Kenney informed the Appropriation Committee that the Refer- Referenda enda on trash collection and Flintlock will be held on June 3 Discussion was then held on a request from Police Chief Corr for a Police transfer of $17,000 to Account #3800-Police Department Expense Dept Mr Furash Our reaction is that this whole inflationary period re- Transfer quires stringent control in all areas We will discuss transfer requests at our meeting tonight The Appropriation Committee retired from the Selectmen's meeting Chairman Kenney read a letter from the Massachusetts Bicentennial Commission regarding the possibility of a bikeway from Charlestown to Lexington and Concord After discussion of reports from the Planning Board, Recreation Com- Bicenten- mittee, Traffic Safety Committee, and the Bicentennial Committee, it was nial Bike- agreed to inform the Massachusetts Bicentennial Commission that it is the way general concensus that the design, layout and construction of any inter- linking bikeway between the historical sites would be impossible to com- plete in the brief period remaining between now and the Bicentennial celebration Other criteria should be considered, such as improving the safety factors relating to the overall transportation plan of the Town, particularly if it were to be constructed on Massachusetts Avenue There- fore, it is the conclusion that the subject is in need of more detailed study Chairman Kenney read a report from the Traffic Safety Committee in response to a letter to the Selectmen from Edward Duncan, President of Municipal the Lexington Savings Bank, concerning parking conditions in the munici- Parking pal parking lot behind the bank building The report states that the Lot Committee recognizes the truck problem within the parking lot; however, Lexington these trucks have the right to load and unload on the public way without Savings being in violation of double parking regulations and, if we exclude them Bank from this lot, they will go directly to Waltham Street, which we feel should not occur Regarding Mr Duncan's reference to meter violations, strict, ongoing enforcement of the meters has been and will continue to be an important part of the duties of the Police Officers in Lexington Center The Board agreed to inform Mr Duncan that there is no immediate solution to the problem of parking but the Selectmen will write to the Chamber of Commerce to see if they would encourage a voluntary improve- ment in the parking of trucks in the lot Hopefully, this will alleviate the situation somewhat 5:3S Selectmen's Meeting May 13, 1974 The Board discussed a request from Mr and Mrs Ronald G Grammont, Grammont represented by Attorney Donald E Legro, that approval be granted for Sewer the construction of a sewer, at no cost to the Town, to service their Request four parcels of land bounded by Morgan, Jean and Aaron Roads After discussion, the Board agreed to inform Mr Legro of tenta- tive approval to allow the construction of this sewer, at no cost to the Town, with the following understanding 1 A grant of a sewer easement on Aaron Road is to be furnished by the owners to the Town 2 The usual engineering conditions should be met; such as, Engi- neering Department's approval of plan, specification, insurance requirements, contracts, and construction inspection Additionally, it was agreed that since the Grammonts are going to pay for the construction of the sewer, they would not be required to pay a betterment However, the mechanics of this are still to be worked out, pending further advice from Town Counsel Chairman Kenney read a letter from Dr Alan E Cooper, 1 Wallis Parking Court, expressing disapproval of the recent decision of the Board to create First a 4-space "private" parking area on Massachusetts Avenue in front of the Baptist First Baptist Church as parking is at a premium in the area and he feels Church it establishes a dangerous precedent by creating a "private" parking area on a public way After discussion, it was agreed to inform Dr Cooper that the Board feels a proper decision had been made, particularly in view of the follow- ing 1 The Baptist Church had plans to install a circular driveway on the premises with two openings onto Massachusetts Avenue and, upon hear- ing this, we would lose approximately three spaces Additionally, the primary purpose of the church would not be served as the drive- way was too short and too narrow, and involved problems of exiting onto Massachusetts 2 Also, the Board felt there was justification in this instance of establishing a loading zone because activities at this address are of wide-based community interest. The area is vacant most of the time and, in order to serve as a loading zone, this was the intent. The Board feels it is working well and the situation should remain as it is Bos Edison Upon motion duly made and seconded, it was voted to sign the agreement Cary Libr'y with the Boston Edison Company for electrical service for Cary Memorial Elec Sery Library 539 Selectmen's Meeting May 13, 1974 Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's meeting held on December 27, 1973 Upon motion duly made and seconded, it was voted to sign the Auctioneer Auctioneer's license for Lawrence W Graham, 23 Baker Avenue (renewal) Upon motion duly made and seconded, it was voted to approve the request of the Lexington Lodge of Elks No 2204 for the use of the Flag Day Green for a Flag Day ceremony on June 14, 1974 at 7 00 p m. Mr Bailey agreed to read the Proclamation for Flag Day at the ceremony The Board agreed to request opinions of the Lexington Commission Tax Title on Suburban Responsibility and the Lexington Housing Authority on the Moratorium extension of the moratorium on the sale of tax title lots Upon motion duly made and seconded, it was voted to set the summer Summer schedule of Selectmen's meetings June 3, June 17, July 1, July 15, Schedule July 29, August 12, and August 26, 1974 Sel Meet'gs Upon motion duly made and seconded, it was voted to meet on May 29 because of Memorial Day Upon motion duly made and seconded, it was voted to certify the character of applicants for Certificate of Incorporation Cert of Robert B Ullian 3 Whitepine Lane Incorp "Vascular Laboratory, Inc " Dean E Nicholson 7 Sherburne Road "Opera New England, Inc " Robin Orr 1 Oakland Street Catherine Conrady 8 Oakland Street Richard Safford 12 Meriam Street "Meriam Hill Association, Inc " Robert J Brennan, M.D 21 Buckman Drive "Bay State Professional Standards Review Organization Inc " Mr Brown reported to the Board on a meeting held in Cambridge on Transporta- the Department of Transportation Report, which produced a draft work tion Red Line program for 1974-1978 We gave the State a long list of requirements Extension to extend the Red Line to Lexington They have $500,000 in the budget they propose now In answer to questions we asked, the Hartwell Avenue connector is not budgeted in the 1974-1978 proposal; it is proposed but not budgeted 540 Selectmen's Meeting May 13, 1974 ' Upon motion duly made and seconded, it was voted to go into Execu- Executive tive Session for the purpose of discussing, deliberating or voting on ' Session matters 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 concerning public health it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10 20 p.m A true record, Attest 7>2 Executive Clerk, Selectmen I