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HomeMy WebLinkAbout1971-11-01-BOS-min iWi SELECTMEN'S MEETING November I, 1971 A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, November 1 , 1971, at 7 30 p.m. Chairman Cataldo, Messrs Kenney, Bailey and Busa, Mrs. Riff in; Mr Legro, Town Counsel ; Mr. O'Connell, Town Manager; Mr. McSweeney, Town Engineer and Assistant Superintendent of Public Works; and Mrs McCurdy, Executive Clerk, were present. Chairman Cataldo opened the meeting and said that Selectmen Alfred S Busa and his brother Daniel P. Busa, are donating a German wall clock for the Selectmen's meeting room. The clock is over 100 years Busa old and we are very fortunate to receive it as a gift. Gift Upon motion duly made and seconded, it was voted to accept with sincere appreciation the gift of Alfred S. and Daniel P Busa to the Town of Lexington of a German wall clock to be displayed in the Select- men' s meeting room until such time as the administrating branch Of Town Government has no further use thereof, at which time it shall be re- turned to Alfred S. Busa, his heirs or assignee. Mr. O'Connell recommended approval of a request to the Appropria- tion Committee for a transfer of $180 from the Reserve Fund to Account Transfers 7100-Veterans' Benefits-Personal Services to correct a clerical error Upon motion duly made and seconded, it was voted to request the approval of the Appropriation Committee of a transfer from the Reserve Fund to Account 7100 in the amount of $180. Mr. O'Connell recommended approval of a request to the Appropria- tion Committee for a transfer of $600 from the Reserve Fund to Account 1142-In-State-Travel Account The Out-of-State-Travel Account will be underexpended by at least $600; therefore, the effect will be equiva- Transfers lent to have transferred from Out-of-State-Travel to In-State-Travel . Upon motion duly made and seconded, it was voted to request the approval of the Appropriation Committee for a transfer from the Re- serve Fund to Account 1142 in the amount of $600 Chairman Cataldo read a letter from the School Committee regarding a notice from the Lexington Education Association of grievance proceed- ings against the School Committee in the event of non-compliance with School the agreement to pay teachers every two weeks. The School Committee Committee requests that the Board of Selectmen consider a course of action which L.E.A would avoid a court action in this matter Attached was a copy of a Contract letter from L E.A to the Chairman of the School Committee stating that if all Articles agreed to under the L.E.A. contract are not followed to the letter the L.E.A. in conjunction with the M.T.A. will initiate pro- ceedings under Article 111 , Level 3, of the Lexington Education Asso- ciation agreement with the School Committee of the Town of Lexington 1. 4 Chairman Cataldo This is the issue we talked about last June, we informed them we would not and could not do this until we got into the new building Mr O'Connell has a letter in the file on this. What is happening is, the M.T.A is pushing them, also that no one could ques- tion the School Committee vote and they did not have the authority to vote We informed them of this four years ago and we made a considera- tion at that point to go along with them. Mr O'Connell and Mr Perry informed them before this decision was made Mr O'Connell They were informed more than once. Mr Kenney You are talking about the incident of dues deduction? Mr Bailey Yes It was announced while we were in negotiations with the Unions What is the current status with Mr Perry? Mr O'Connell I would rather inquire of Mr Perry We are not in a position to do this et this stage They are related questions; the School Committee asked for the change to apply to the teachers covered but the group extends beyond that Chairman Cataldo Mr O'Connell received a copy of our letter and replied to the School Committee that it appears that the problem created Is the result of the School Committee making agreements unilaterally for which it did not have the means or the final authority to carry out They haven't filed the grievance yet but have put them on notice that they are threatening to do this What is the Board' s position? Mr Buse I would notify them that we just can't do it at this time but we will implement the change under the contract as soon as possible. Mr Bailey I think we should go one step beyond and request a time schedule from Mr. O'Connell or get directly from the Comptroller a time scheduled for incorporating the new payroll and implement the School Committee requirements. Mr O'Connell Referring to their requirements as asked for or requirements as the Comptroller would consider? Chairman Cataldo The first question is, are we going to do this at all under the present setup? (2) If we do agree, who pays for it - whose budget? (3) On the policy, the question is, is the School Com- mittee going to be put on notice of the Board' s position and ignore it time and time again? Mr Bailey I hear everything but the intermediate position here where it is possible it can happen at some finite time but don't think we absolutely can do it - I don't know this. If we can't, we go to court They agreed to something we cannot do. Mr Kenney When could we do it? What would it cost? What is the burden on the Comptroller, and on that basis, do we want to do it? We went over the specific item of their agreeing to do something with the .M T.A. Like dues checkoff, that wasn't their decision to make. Mr. O'Connell One other aspect, it puts in focus the difficulty now that the Comptroller would have to be satisfied When a holiday occurs in a week, it commits the Town to deliver the paychecks within the week when the holiday occurs and if he is late, he is embarrassed The pay day is advanced and not set back For the Comptroller, under the present circumstances, it is impossible; also, the question if the new system will be capable of operating fast enough on the new schedule of a holiday which can be met 1 08 Mr Busa They negotiated something not in their jurisdiction. Does it make it legally binding in their contract? Are we legally bound? Chairman Cataldo No more than they would be bound by a decision we made Mr Busa Then they inform bargaining that they come back to us and negotiate that point with us. Chairman Cataldo It is clear cut there should be an understand- ing where the authority lies and if the Board takes a position, it means it They just can't flagrantly ignore it, and they should understand this. There are two questions here and one is more-impor- tant than the other and as far as I am concerned the first is impor- tant I don't want to be threatened by the L.E.A or the M T.A. and I don't like the idea, of being put in this position by these people. Mr Busa Would it be in order to notify the School Committee that under that clause the Tpwn is not legally bound? Chairman Cataldo I think we should say we originally said we would look at it when the Accounting Department reorganized With new equipment Mrs Riff in I would like to see an analysis and recommendation by Mr O'Connell and Mr Perry before we make a change from our present policy. Once we have that, we say this is in the process and until then we cannot change from our present policy. Upon motion duly made and seconded, it was voted to notify the School Committee that they had been previously informed, before the School Committee agreed to do so, that the payroll schedule could 'not be changed and the Board is in no position to honor this request at this time. As soon as the Accounting Department is set up and the equipment necessary to operate this department is purchased, the ' Board will then consider the request once again. Chairman Cataldo read a request from the Knights of Columbus to extend the hours of operation on the Club Liquor License from 11 00 K of C p.m to 12 00 M on Sunday, November 21, 1971 . Upon motion duly made and seconded, it was voted to deny the request Upon motion duly made and seconded, it was voted to certify the character of the following who have applied for a Certificate of Incorporation Cert of James Beck, M.D. 17 Patriots Drive Incorp. William Kates, M.D 6 Angier Road "The North Char4es Mental Health Research and Training Foundation, Inc." Chairman Cataldo read a letter from Joseph C. Tropeano of Larch- Land Fill mont Engineering and Irrigation, Inc. Lexington, suggesting a winter Ski Area recreation area at a sanitary land fill by piling materials into a small mountain. If interested, he would be glad to work out a plan for a ski slope, toboggan slide and, possibly, a skimobile area. 109 Upon motion duly made and seconded, it was voted to refer the pro- posal to the Acting Superintendent of Public Works for a recommendation. Chairman Catafdo read a request from Mrs Charlotte Sanderson, 5 Meadow Brook Avenue, for a deferment of water and sewer betterment assessments on Lots 289 and 290 Blossomcrest Road Mr McSweeney The frontage is on Vineyard Avenue, a paper street; this means they have no legal frontage on Blossomcrest Road and, technically, no access to either water or sewer for Lots 289 and 290. Sanderson Upon motion duly made and seconded, it was voted to defer payment Deferment of water and sewer betterment assessments, without interest, on the following lots owned by Frank J and Charlotte Sanderson 5 Meadow Brook Avenue, until said land or any part thereof is built upon, sold or until the expiration of three years from the date hereof, whichever event occurs first; provided, however, that this extension of time shall terminate immediately if said land or any portion thereof is built upon or sold Lot 289 Blossomcrest Road Water Betterment Assessment - $169.50 Sewer Betterment Assessment - 436 14 Lot 290 Blossomcrest Road Water Betterment Assessment - $ 90.00 Sewer Betterment Assessment - 356 03 Chairman Cataldo read a letter from the Burlington Board of Se- lectmen stating that they had banned the use of road salt for snow and Burlington ice control purposes on all public and private properties, and they Salting are asking our cooperation by taking whatever steps are necessary to assist them in protecting the Burlington water supply. The Board agreed to;-reply that we will do everything in our power to help ease the situation for the Town of Burlington. Mr William Whalon of the Regional Refuse Committee met with the Board Mr. Whalon I thought it might serve a useful purpose to bring you up to date on<the project. We are no closer to a definitive solu- tion and no one in the country is either In looking at a government publication, there were listed in the area of eighty different grants given by the federal government, the conclusion was this is not a particular thing to spend their money for As you know, we prepared Regional an interim report a year ago and have drawn tentative conclusions Refute that until the time is reached when effective methods for recycling and using waste products are developed, we couldn't in conscience recommend amounts of $22 M. for any other type of method. We did feel the method coming into use by a private firm in Cambridge, Reclamation Systems, that if their method would prove out, the tech- nical people felt if the techniques they are proposing to use were proven, this would be a reasonable solution for a 10 or 15 year period, by which time there would have been established a more effec- tive method of resuing our resources During the past year, this 110 firm came into operation in Cambridge and in the process of working out the bugs in the machinery, they had it coming along fairly well when they had a fire and went out of business; it is now under construction and they will be back in business February I . The other half of it is finding a place to put the stuff; it is a major problem as there are no land fill areas in the Metropolitan area that would be adequate for the requirements of the seven communities that make up our group. There are 700 tons a day estimated and maybe 1300 tons in 1990 with ; the population projected increase So this firm encountered a ver, serious problem in locating suitable area to which they might carry this compacted material, and not one would volunteer to make an area of substantial size to accept refuse of the Metropolitan area. This, of necessity, places it in the lap of the State and they have very slowly and poorly made some progress There are two bills before the Legislature, one before the Conference and one before the Senate. They feel that they will be able,for regional groups like ours or communities who aren't able to call upon them, to acquire areafpr iA This was one of the reasons three or four years ago that our activi- ties were encouraged by the Board, that we would be better off to carry out our activities in concert with compatible neighbors; so it has been part or partly this defensive attitude which has furnished part of the reason why we stepped into collaboration with other towns We still are of the opinion that for the reasonable factor that this particular method would offer a reasonably, relatively inexpensive method of disposing of the solid waste of all of these seven comeun- it$es on a contract basis with a private company and we pay a fee, with apparent safeguards that might entitle us, if there is a fault., to take over the facility ourselves, and if it didn't work out, we could walk away from it. We feel we would like to continue on this part and await developments of the Public Works Authority, and .we are led to believe it to be the case this week. Boston Gas, with one of its subsidies, is waiting too. It would be adequately funded and might be able to do this as Reclamation Systems would have to have affiliation with railroads which these people don't have They are a natural for this sort of thing My purpose is to answer ques- tions and bring you up to date and reaffirm our own feeling on the matter relative to Town Meeting, to find out whether it is the dispo'. sition, on the part of the Board to continue as we have or to endorse the activities of the League of Women Voters who have, you are .aware, made a study of the possibilities of bringing into being some local type of recycling effort which would, I think more than anything else, serve as an effective way of bringing across to the citizenry the necessity for individual participation in the conserving of our re- sources and our stopping, to the extent that we can, the continued drain on our resources. I can't vouch for the different phases they have given thought to but certainly the steps they have taken at the dump have been rewarded by a greater participation than expected; it has had good response without any concerted effort by anybody of the Town to endorse this activity by an announcement of endorsing citizen participation to a greater degree It seems to be the general con- census of opinion that this is going to be the order of things a few iii years hence I understand these activities in Wellesley were a great Ill success, for people to bundle up and sort out stuff If properly sup- ported and monitored, it might yield a dollar or two to the Town. Mrs. Hals is meeting with the Appropriation Committee for a bin to put at the dump. Mr O'Connell : The problem is in the interest of any of the waste paper contractors in coming and picking it up. If the market value is low, we have to chase them to come and empty the trailer; I wouldn't be optimistic to find another contractor that would do it as we recognize that from time to time it is not economically profitable to the con- tractor, and we continually run into this. Chairman Cataldo There is no question the Board would support a recycling program, it could be worked into our operation satisfacto- rilly. We would look to you for some recommendations for initiating and Implementing at the dump. We have, at this point, been cooperative with the recycling and sent Town equipment to haul it. There is no question in any member of the Board' s mind that we would expand this. If we make money in the meantime, naturally we are all for it. If you would come to us with programs of some areas you would consider set- tling up, I , for one, would consider working with you It is a tremendous problem. In this Town, we are faced with a large popula- tion and as you drive through Town people are raking and bringing leaves to the dump. My point is, if we had a program I think people would participate I think they would, if it were implemented and done right so that people 'did not get upset. Mr Whalon I don't think our committee felt it to be our prob- lem to solve it for Lexington rather than a regional approach but we would be happy to express an opinion of things the League of Women Voters come up with Chairman Cataldo If you come up with something to consider implementing, we would like to hear from you. As I read your min- utes, there is no question in my mind that you are taking the right approach and commend you for spending the amount of time you are in doing the job Mr Whalon The League of Women Voters has undertaken this work voluntarily I mention one thing that it doesn't seem to me too dif- ficult to accomplish, and it does concern itself with leaves, if there was a confined area where they could be dumped. Some Towns have compost areas and, if properly handled, there would be humus there and it could be sold to the people Chairman Cataldo It would take some doing to build up compost piles; it whould have to decompose and unless you put it in properly with layers, it won't decompose Mrs Riff in Westfield has an organic center I don't know if it had been investigated for Lexington Chairman Cataldo It would take some doing to build it up properly Mrs. Miller of the League of Women Voters We have drawn up a plan for the local dump area and also have a program for immediate recycling; we also have investigated the compost piles 1f ) Chairman Cataldo A copy of your proposal will be sent to members of the Board, Mr O'Connell and Mr McSweeney. As soon as they evawiu- ate it, we will discuss it Mrs Miller As long as you consider it The Board agreed to read the interim recycling proposal to discuss it, and to inform the League of Women Voters of the decision. Mr Whalon retired from the meeting Police Tele- Chairman Cataldo informed the Board that a check in the amount of processing $223 has been received from the Governor's Committee on Law Enforcer; ment and Administration of Criminal Justice for Police Teleprocessing Terminals This money was put in last year' s budget, this is the reimbursement Chairman Cataldo read an invitation from the Lexington Housing Vinebrook Authority to attend the ground-breaking ceremony at Vinebrook Village Housing on Monday, November 8, at 9 00 a.m. Members of the Board are to attend. Chairman Cataldo read a request from Ginn and Company to install a temporary wooden sign on the roadwayleading to the property at Ginn 191 Spring Street Sign The Board agreed to inform Ginn and Company to contact the Board of Appeals as permission to maintain signs, whether temporary or permanent, falls within the jurisdiction of the Board of Appeals Chairman Cataldo read an invitation from the Lexington Inter- faith Corporation to attend a meeting on Thursday evening, November II , at 9.00 p.m The speaker is to be Mr John Carney, Director of the Office of Community Housing Assistance and Counsel to the State Hous- ing Appeals Committee. Mrs Riff in is to attend the meeting Chairman Cataldo read a report from the Traffic Committee regard- ing a previous letter received from Mrs Cadle, 15 Meriam Street, on traffic conditions when the Central Block is built. Meriam St The report states that Meriam Street is no different from other Traffic streets around Lexington Center and the alignment and topography do Central not encourage speeding As of now, the proposed Central Block plans Block have been dropped and- the new plans recently submitted provide for no apartments. The widening of Massachusetts Avenue in front of the proposed Central Btock, the expected reconstruction of the Library and the adjacent parking area and other anticipated changes in the Center will effect the traffic and change the conditions. Eliminating on- street parking on Meriam Street would encourage higher speeds. The Traffic Committee recommends no action at this time. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee that no action be taken, and 1 until the final decision is made on the Central Block no permanent changes should be made regarding traffic in the Center. 11'3 Chairman Cataldo read a letter from Mr. Peter Coccoluto, President of Maria Hastings PTA, stating that a previous letter had been referred to the Traffic Committee regarding the possibility of making Crosby Road one-way during the hours of 3 00 p.m and 4 00 p.m. Also, the PTA requests consideration of a crossing guard on School Street to assist children coming down Stimson, Grandview and Eastern Avenue A Traffic Committee report on School Street states that a report of the Police Department indicates traffic volumes and the behavior of School St both motorists and school children are such that a traffic safety prob- Sidewalk lam exists. As indicated in our preliminary report of June 7, the only solution is the installation of a sidewalk along the easterly side of School Street, thus permitting the children from School Street and the three avenues joining it, Grandview, Stimson and Eastern, to congregate and cross at one properly marked and guarded crossing point. It is the recommendation of the Traffic Committee that such sidewalk be installed, Mr McSweeney This is a difficult one; this one has problems. There are about 600 ft involved for this sidewalk, Upon motion duly made and seconded, it was voted to request the Town Engineer to report to the Board on construction cost estimates for consideration at budget time for a sidewalk on School Street from Eastern Avenue to Stimson Avenue Chairman Cataldo read a Traffic Committee report regarding a re- quest from Mrs Helen Stewart, 292 Waltham Street, for a blind drive- way sign. The Committee recommends the installation of the sign as Sign it believes it is warranted at that location Waltham Upon motion duly made and seconded, it was voted to accept the Street recommendation of the Traffic Committee and to instruct the Acting Superintendent of Public Works to make arrangements for the installa- tion of a blind driveway sign at 292 Waltham Street. Chairman Cataldo read a report from the Traffic Committee submit- ting a proposed amendment of the Traffic Rules and Orders providing Taxi Stand for 3-cab taxi stand on Massachusetts Avenue near the Bamboo Hut East Restaurant. Lexington The Board agreed to discuss the matter when a plan of the area is submitted showing the exact location of the taxi stand. Chairman Cataldo .read a report from the Traffic Committee stating that the following matters referred to the Traffic Committee are under study or in preparation I . Traffic Signal at Worthen Road and Waltham Street. 2 Lillian Road traffic near Anthony Road 3. Prospect Hill Road traffic. 4 Survey of bus stops, mail boxes and taxi stands in the Center Some of the above require traffic counts or other specific deter- mination as to whether state warrants are met for the requested action As Engineering Department (in some instances the Police Department) per- sonnel becomes available for these assignments, the studies will be completed and recommendations submitted 114 Chairman Cataldo read a memorandum from the Acting Superintendent of Public Works regarding the demolition and site clearance of the Harrington House. Four bids were received, as follows! Jay-Mor Construction, Pelham, N.H - $2,288, James G Grant Co , Inc , Reedville, Mass - $3,800; Def lice Brothers Corp , Lexington, Massa- chusetts - $3,900; Duane Corporation, Dorchester, Massachusetts $8,900. Mr McSweeney recommended that the contract be awarded to the Harrington low bidder, Jay-Mor Construction, Pelham„New Hampshire, in the House amount of $2,288. Demolition Mr Legro Has Jay-Mor Construction filed the necessary papers with the Secretary of State? Chairman Cataldo He has an office out of Newton, Massachusetts; he is not a corporation and the information he gave was that he 'iwas registered Mr McSweeney He is doing business in Boston and Lowell. Mr Legro That is not the question. Chairman Cataldo We asked him and he said yes; all we can ask him to do is fulfill the necessary requirements Upon motion duly made and seconded, it was voted to award the contract for the demolition and site clearance of the Harrington House, 1884 Massachusetts Avenue, Lexington, to Jay-Mor Construction, 128 South Shore Drive, Pelham, New Hampshire, in the amount of $2,288. Chairman Cataldo read a memorandum from the Town Engineer regard- ing the Housing. Authority land off Waltham Street, recommending that a meeting be arranged with the Housing Authority's Surveyor with the Housing intent of reviewing the entire parcel of land to be subdivided, In- Authority cluding the land to be conveyed- to the Arts and Crafts Society; this Vinebrook would be helpful in determining if this parcel is the land which the Town intends to convey to the Housing Authority under Article 99 of the 1970 Annual Town Warrant Upon motion duly made and seconded, it was voted to instruct the Town Engineer to set up a meeting with the Housing Authority' s Sur- veyor to resolve the matter. Chairman Cataldo informed the Board that a petition has been received from the New England Telephone Company for permission for Manhole four manhole locations on Massachusetts Avenue, Waltham Street, Locations Spring Street and Parker Street Upon motion duly made and seconded, it was voted to grant permis- sion to the New England Telephone Company for the following manhole locations Massachusetts Avenue Four manhole locations to be built over existing conduit Waltham Street Three manhole locations to be built over existing conduit. Spring Street Two manhole locations to be built over existing conduit Parker Street One manhole location to be built over existing conduit 115 Chairman Cataldo informed the Board that the Town Engineer has submitted copies of a contract for Survey Services for Lowell Street- Engineering Woburn Street School site with Barnes Engineering Company Service Upon motion duly made and seconded, it was voted to sign the Woburn St contract with Barnes. Engineering Company for Survey Services for the School' Lowell Street-Woburn Street School Site, subject to the approval of Site Town Counsel . Chairman Cataldo informed the rd that Dr Robinson has written a letter asking for a meeting Dr Robinson is affiliated with a half-way house, to rehabilitate detoxified drug addicts, on the Drugs grounds of the Middlesex County Hospital . The Board agreed that the Chairman is to arrange a meeting with Dr. Robinson and the Board Chairman Cataldo informed the Board that a letter has been re- ceived from Dr Fredric S. Cohen, 27 Saddle Club Road stating that he would suffer damages as a result of an order of taking on his lot at Saddle Club Road. A report has been received from the Town Engineer regarding the easement through Dr. Cohen's property and it is the intent to abandon that portion of the easement between Grant Street and Saddle Club 1972 Town Road. The sewer will be installed in Todd Road which parallels the Meeting easement. Article Upon motion duly made and seconded, it was voted to insert an Article in the Warrant for the 1972 Annual Town Meeting for the abandonment of the sewer easement through the property of Dr Fredric S Cohen, 27 Saddle Club Road. The Board agreed to so inform Dr Cohen. Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on Executive matters which, if made public, might adversely affect the public Session security, the financial interests of the Town or the reputation of a person After discussion of matters of land acqudsition, the Board voted to go out of Executive Session The Board of Selectmen discussed a written complaint received re- garding a German Shepherd dog named, Major, owned by Mr Jesse McDade, 39 Middleby Road, Lexington The complaint alleges that this dog has McDade Dog disturbed the residents on Middleby Road with constant barking, howl- ing and whining at all hours of the day and night. Upon motion duly made and seconded, in conformance with General Laws, Chapter 140, Section 157, the Board voted to hold a hearing on November 15, 1971 at 8 00 p.m to hear the complaint of the peti- tioners Chairman Cataldo informed the Board that a letter has been re- DPW calved from Howard V Doyle, President of the American Federation Contract I f1_6 of State, County and Municipal Employees, Local No 1703, notifying the Board that the Union desires to enter into negotiations for the purpose of extending the collective bargaining agreement presently in effect and proposing amendments and changes thereto Mr. Doyle requests a meeting to discuss the proposals submitted by the Union The Board agreed that Chairman Cataldo is to set up a meeting on negotiating the contract Upon motion duly made and seconded, it was voted to adjourn at 10.50 p.m A true record, Attest •1. ecutive Clerk, Selectmen 1 I