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HomeMy WebLinkAbout1971-08-16-BOS-min 27 SELECTMEN'S MEETING August 16, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, August 16, 1971, at 7 30 p.m. Chairman Cataldo, Messrs Kenney, Bailey and Busa, Mrs Riff in, Mr WConnell, Town Manager, Mr McSweeney, Town Engineer and Acting Superintendent of Public Works; Mrs. McCurdy, Executive Clerk, were present. At the request of the Town Clerk, three jurors were drawn as follows Jurors John P Boyle 9 Wilson Road David A Somers 21 Paul Revere Road Richard A. Rosenthal 17 Blueberry Lane Hearing was declared open upon the petition of the Mobil Oii Com- pany for a license for below ground and above ground storage on the premises of Lafley's Mobil Service Station located at 25-27 Massachu- setts Avenue. A notice of the hearing was inserted in the August 5, 1971 issue of the Lexington Minute-man and sent by certified mail to the abutters as listed on the records of the Assessors Application was approved by Chief Spellman of the Fire Department Attorney Nicolas J Mazzoni , representing Mobil Oil Company, was present and explained that application is made for an additional 5,000 gallon gasoline tank to increase the storage to 25,000 gallons from 20,000 gallons presently approved This would contain low-leaded gaso- line and the tank would be put in according to specifications and would be directly next to the two existing tanks now in the ground; it would be one-half the size of the existing tanks. Mobil- No one appearing in favor or in opposition, the Chairman declared Lafley' s the: hearing closed Service Upon motion duly made and seconded, it was voted to grant permis- Station sion to the Mobil Oil Company to install an additional 5,000 gallon underground gasoline tank on the premises of Lafley' s Mobil Service Station located at 25-27 Massachusetts Avenue, Lexington, and to issue a new license as follows To grant permission to keep, store and sell 25,000 gallons of gasoline; 500 gallons of waste oil; 500 gallons of fuel oil to be used to heat the building, all in underground tanks; 600 gallons of motor oil, 300 gallons of anti-freeze; 80 gallons of hydromatic fluid; 40 gallons of gasoline in tanks; 60 gallons of brake field; 200 gallons of oil and gasoline, all in approved containers above ground. The Chairman informed the Board that the gasoline hearing scheduled Colonial for 7 35 p.m. on the application for Colonial Garage, Inc has been can- Garage celled and will be re-scheduled for a later date Hearing 28 Mr. O'Connell read a letter from Mrs Hazel Potter of Grant Street in appreciation of the work performed by the Town in refinishing Grant Street Mr O'Connell discussed the Emergency Employment Act of 1971 which has received considerable publicity, The significant thing for Lexington is that it falls in the category of municipalities not being allowed to directly negotiate for funds and the State has been Emergency constituted as Program Agent for all the State except the eligible Unemploy- cities. The State was taken by surprise and was not geared up for ment Act the mechanism for this and there is a 60-day delay for the processing of applications However, we have been in touch with the Department of Community Affairs which expects to be the administrative agency for the State and we have received preliminary information from Mrs Newman, Secretary of Manpower Affairs We are studying the Town's needs for application to allow us to qualify for funds We hope to have applications prepared to take advantage of the 60-day delay Some requirements are very strict, i e., a person must live in the community in which he is employed to be eligible. We have in mind the possibility of getting funds for the comptroller for one or more on Data Processing. Their restrictions are considerable; this is not a broad grant type of thing and to apply you have to employ a specific individual by name, giving his background and whether it would be a temporary position or would grow into a permanent assignment. you really have to seek out the unemployed and then fit them to the plc- ture Mr O'Connell is to report the progress to the Board at a later meeting ` The Chairman read a letter from Town Counsel requesting that the Board sign the Orders of Taking of sewer easements ( 1) through the land of John R Augustine et al, on Concord Avenue, and (2) Easements from Barberry Road to a location near Concord Avenue on the following prop- erttes Nisso Aladjem Lot 48 Field Road John W Cahn and Anne H Cahn Lot 47 Sewer Marian Chuan and Louise A Frey Lot 46 Orders of W Lloyd LdOoeuf & Flores H Leliboiuf Lot 435 Taking Leonard K. Nash and Ave B Nash Lot 44 James Mudra and Joan K Mudra Lot 42 Donald R Mapel and Sally F. Mapel Lot 41 The letter from Town Counsel states that confirmatory deeds and , releases of damages have been received from John R. Augustine etal, and Lloyd LeBoeuf et al, and it is believed that we should be able to obtain the other deeds and releases within the thirty days following the adoption of the order Both Orders of Taking are to be returned to Town Counsel for recording purposes. Upon motion duly made and seconded, it was voted to sign the Order of Taking of sewer easement through the land of John R Augustine et al on Concord Avenue, with an award of no damages. 29 Upon motion duly made and seconded, it was voted to sign the Order of Taking of sewer easements from Barberry Road to a location near Con- cord Avenue, with an award of no damages. The Chairman read a letter from Town Counsel requesting that the Board sign the Order of Taking for the Harrington property Harrington Upon motion duly made and seconded, it was voted to sign the Order Order of of Taking for the Harrington property with an award of damages to the Taking First Congregational Society (Unitarian) of Lexington, in the amount of $29,000. The Chairman read a letter from Town Counsel requesting the Board to sign the Order of Taking of the Oneida Corporation, Drummer Boy, land. As a substantial part of the consideration for the Town' s pay- ment consists-of a covenant with respect to the construction of Hadley Oneida Read and confirmatory deeds and releases not only with respect to this Corp taking but also with respect to prior sewer easement taking, the order Drummer is not to be recorded by Mr. Legro until he has obtained the confirma- Boy tory deeds and releases. A partial release of the Oneida mortgage is Taking also required. Upon. motion duly made and seconded, it was voted to sign the Order of taking of the Drummer Boy land, owned by the Oneida Corporation with an award of damages in the amount of $70,000. The Chairman informed the Board that a letter has been received from Dr. Fobert requesting the approval of a change in the number of pay days for the School Department from 21 days to 22 days; the addi- tional pay day results from a proposed change from the present prac- tice of paying on the 15th and 30th of each month to paying on alternate Fridays. This is due to the School Committee's unanimous vote to accept this item as part of the agreement between the LEA and School LSC which is included in the new contract for 1971- 1972. Dept. Mr O'Connell I have discussed this with the Comptroller and Payroll the,Schooi Committee did this without assessing the impact on the pay- roll system of the Town and without consulting the Board of Selectmen. Mr. Perry points out the difficult schedule, particularly where the week has a holiday in it, and this 'would add considerable hardship and workload in view of the fact that one of the considerations is when a pay day falls on a holiday, the pay day is moved up one day His recommendation is that in view of the fact the payroll system is about to be revised, the appropriate thing for the School Committee to do would be to defer this until the Comptroller could incorporate it in the plan for the first part of 1972 In addition to that, there are some things apparently left at loose ends This change is appli- cable only to the accredited teacher group and because it is not applicable to another group. The Comptroller would still have a number of people on the old payroll period The Comptroller recommends that the School Committee re-examine it and apply it equally to other em- ployees now on the present system Chairman Cataldo This is the same issue we asked them not to do until they had talked with us Upon motion duly made and seconded, it was voted to accept the recommendation of the Comptroller and to deny the request of the School Department to change the payroll schedule. Mr. Kenney: How does President Nixon's 90-day freeze on salaries affect the teachers? Mr O'Connell It is my opinion that since the teachers' contract normally is effective in September, it is subject to the freeze and this would have to prevail through the 90 days. Mr. Kenney: What about the other Town employees? Mr O'Connell I understand the freeze is across the Board; according to Secretary Connolly, the freeze applies. The Chairman read a letter from the Town Engineer regarding a proposal by Joseph W. Moore Co , Inc , Survey Consultants of Bedford, to survey certain parcels of land to be acquired by the Conservation Commission, as outlined in Article 10 of the Town Warrant Inasmuch as a number of surveys have been conducted by the Consultants recently in some of the areas of concern, plans could be prepared quite readily; other sections would have to be investigated properly prior to quoting Land at any firm costs for such surveys With the information available at Lexington this time, we recommend to budget an amount of $3,000 to $5,000 for Burlington plans to be prepared by actual surveys on the ground to meet it. all Line cases with the requirements of the Massachusetts Land Court and/or possible requirements by the Department of Public Works, Geodetic Division since the Town Line will be one major line of description. Mr Kenney Did you anticipate this expense? Chairman Cataldo No, but we have $35,000 in the Article appro- priation. Mr Kenney It seems to me that no matter how we acquire the land we have to have the survey. Upon motion duly made and seconded, it was voted to instruct the Town Engineer to draw up a contract with Joseph W Moore Co., 14c., Survey Consultants, 324 Great Road, Bedford, for a survey Of the Lexington-Burlington line and a strip the length of the subdivision. Mr. McSweeney, Town Engineer, is to report back to the Board with definite terms for the project. The Chairman informed the Board that he had received a call from Mr Cosgrove of the Massachusetts Area Planning Council that Rte 128-3 they have been submitted a plan by the State DPW on the Route 128 Interchange and Route 3 Interchange MAPC would like the position of the Board' on the change I asked him to submit a plan to us and it has not, been received After discussion, the Board agreed with the concept but will withhold a final decision until a plan is received showing the actual Layout of the proposed reconstruction Mr McSweeney presented a plan for the further relocation;i0 Bow Street After a careful study of the proposed sidewalk construction, 1 31 he thought this was the time to take the "5" curve out of Bow Street; if we didn't, we would have to put a wall in front of the house, about 4 feet high and about 4 feet away from the house on the corner of Cliffe Bow St Avenue and Bow Street. Sidewalk After discussion, the Board agteed to accept the recommendations Order of of the Town Engineer. Taking Upon motion duly made and seconded, it was voted to request Town Counsel to draw up the necessary documents to make the takings on Bow Street, with an award of no damages Mr. Cataldo abstained Mr. Alden E. Cousins of the Department of Natural Resources met with the Board. Mr Donald Graham of the Planning Board, Mrs. Frick, Mrs. Rawls. Dr Kessler and Mr. Stanley Brown, Chairman of the Conser- vation Commission also attended Chairman Cataldo The purpose of the meeting was to discuss the Hatch Act and to hear your information and attitude of the enforcement level , and what changes should be recommended for legislation, if any, As we hold hearings and try to enforce the Hatch Act, most of the time, we find ourselves helpless on what the final disposition has been plus when we go to enforce areas we think it should come under the Hatch Act, and to what point should we go? Mr Cousins The general interpretation of the Hatch Act, because it is under the Commission of Natural Resources, is that people feel it is a conservation law and a prohibitive law but if you are going to categorize the Act, it is more of a public safety law in any areas con- sidering reconstruction to protect our water supply and flood control . I think many people feel it is a prohibitive act and they could not build under areas in the Act and this is not true. We only impose cer- tain conditions if the area is subject to the Hatch Act I know in D.N R many cities they are unhappy when we must issue orders and they make Hatch recommendations and this causes hard feelings. Other times Selectmen Act include conditions which we actually include and show on a plan; it is sad}, to show culverts, etc. on plans rather than try to spell it out on the permit. It is important that the Selectmen check the plans from the applicant against our permit and that we are both using the same licensing plan. Many diens if you feel there is a problem it would be well for the Town Engineer to meet with Water Resources or Public Health people and discuss it; there may be plans we don't know about. Lexington is fortunate that the Commissioner issued in- formation on February 12 on the upper Shawsheen Watershed area and this is one of the few areas with enough information for a policy that any work done in the future is subject to the Hatch Act and will either have compensating storage area for fill or compensating storage for water. If a person fills 100 ft of fluid storage, he must pro- vide for it somewhere else on the site, that will hold water on the site and discharge it at the same rate he would formerly discharge it; those take a lot more calculations On enforcement, there are new penalties and the Acts of 1971 increases the fine to not less than Ill $100 nor more than $5,000, or two years imprisonment, or both, We 32 have not taken criminal action against anyone under the clause. if some- one is stopped from filling or the Court issues a restraining order, he must comply. Whether it is for a public or private water supply, plans 111 must be submitted and it will be required to put the streams or rivers back where they originally were. As far as enforcing, they are en- forced by the Town. If you don't go the criminal route the Town can go by the route of the Superior Court and seek a temporary restraining order. A Notice of Intent must be submitted to them and if not given this, Town Counsel can do it through the Superior Court Chairman Cataldo One of our main problems is if we see someone filling a hole with water in it and he hasn't applied because he doesn't think it comes under the Hatch Act, how do we interpret it? Mr. Cousins We all have troubles. Your best bet would be to.bave the Planning Board or the Town authority request that a determination be made by the Department of Natural Resources, accompanied by some type, of locus plan or Assessors' plan and have one of our people come out and look at it Mr. Cataldo. How do you interpret fluid control? Mr. Cousins Any act done by any person that would cause flooding in an area adjacent to inland water. Chairman Cataldo: Is there any way hearings could be classified? We receive notices from you that we should hold hearings and could you classify these to us on how we should look at it. Mr. Cousins If I held a hearing, I would have the Engineer, Board of Health and a member of the Water Department look at it. It may be service water not shown on the project and if the Town Engineer feels certain culverts or relocation of streams will cause fluid or there is some question in his mind, his recommendation should be in- cluded Chairman Cataldo My question really was if you ask us to hold a hearing, do you feel it comes under the jurisdiction of the Hatch Act; is there any time it does not come under the Act? Mr Cousins By law, if someone sends a Notice of Intent to the Department of Natural Resources, he must submit a plan to the Board; he must submit three plans and he is saying that he is subject to this Act We notify the Selectmen - to alert you that he has applied to us, Chairman Cataldo: What about someone just filling a piece of , property? You say a plan must be submitted; if they have no plan, it is all done and all filled, how do you prosecute something like this? Mr. Cousins If we receive notification from any Town Board that a piece of land has been filled, we inspect it and if we find it is within the provisions of the Act we find provisions for it. Depending on how big the job is, the amount of detail and requirements will vary. If a person fills a backyard, we do not require as much Chairman Cataldo: As we look at the plan, as far as Shawsheen River is concerned, no matter what we did with Kiln Brook when you get to the river there is a flat spot; so this work on the brook would ac- complish nothing unless the river itself were dredged. Is there any- thing in the works to dredge the Shawsheen river or to reconstruct the watershed area? 33 Mr Cousins I know of no immediate plan to do dredging; I am aware of the study of the Shawsheen River and the alternative. Chairman Cataldo An appropriation was made by both the State and the Town and we have $30,000 sitting there and we must have information on a determination of somebodygoingto do something and what you would 9 and we would recommend Mr. Cousins There are a number of associated problems with this. Chairman Cataldo We decided not to go forward with the project Mr Cousins 1 will make a note for the Commissioner Mr McSweeney I have a question on a location on Bedford Street, which would come udder the Shawsheen Flood Control , that has 3 or 4 ft. of peat and under certain conditions we say clean, durable fill . Take a project of a motel , they can substitute that peat for gravel . You say now you have to have retention of water Mr. Cousins The retention I speak of would be a little difficult to produce on a site you speak of and it would also be difficult to come up with compensatory storage Mr McSweeney What do you do about going ahead, getting a build- ing permit and replacing with clean, durable fill? Mr Cousins The permit you speak of, that is what brought about this particular policy It is difficult for us to say that particular area will cause trouble; once you reach the extent of fill anything else is going to have an adverse effect. You have reached that level on Shawsheen If you have an area collecting a rapid runoff it is directed to the lowest point and if you start squeezing an area holding water, it will find another culvert The question is, is another cul- vert available for the water to flow through? Mr. McSweeney They can produce a next culvert. Can the Hatch Act prevent them from doing it? Mr. Cousins Yes, if they can't meet the conditions we will im- pose Chairman Cataldo. At the hearings, we recommend conditions and they are not imposed; these areas come under the Hatch Act Mr Cousins If you held a hearing, it was subject to the Hatch Act; if we didn't impose the conditions, it was not under our jurisdic- tion or if was incorrect or the Town was overruled. Mr McSweeney We don't have trouble with people complying. Chairman Cataldo Us there any legislation to be filed to put teeth into the Act for the original intent of the law? Mr Cousins I don't know What the original intent was. You could tell a man just so much; when we get in a tough situation, we take a lot of time. I don't know what people want As tar as changes go, I know what 1 want I don't know how some conservationists expect the State Legislature to deny a man to cut trees or put a road in The only way a parcel of land would not be used is for the Town to buy it. There are a lot of parcels on Route 128 and you cannot have legis- lation on property. There is a bill in the Legislature for modification.; the Governor's bill is in study It is combined in two Acts, the Jones Act and this particular Act, •shellfish, and water supply and flood con- , trol . I think there is one thing done with the Hatch Act that there is 34 a requirement of position by the newspaper The Selectmen say the hear- ing is under Chapter 131 , S. 40 and all they must notify is the appli- cant; it is important to require publication There is one bill for selectmen to write their own permit - we would write one and you would write one. The problem with this is that some towns meet once a month; a good project would come into town and the State approves it and then it would be hung up. Would they prefer two permits on equal standards? Chairman Cataldo 1 don't think it could be and survive; you might recommend 24 inches and our recommendation would be for 10P or 30”. Mr. Cousins It wouldn't work. Mr Brown We have problems. We have interested citizens call the DNR or the Selectmen Is any method considered more appropriate? Mr Cousins: I don't believe so. Many times communities call the DNR and say that someone plans to develop a swamp and he hasn't done anything; the Planning Board never heard of it and there is not too much we can do in these situations. Mr. Brown: For actual filling and there is no permit nor applica- tion, who bears the responsibility? Mr. Cousins Complaint can be made to the ONR, the Selectmen or the Police Department. Our problem is that officers used for enforce- ment are used on gaming laws, and they work a 7-day week. It might take two days to get an officer on the site. He can inform him what he is doing is subject to the Match Act; the second alternative is to go to District Court and get a complaint against the operator. Another option is to inform the individual he is in violation and we go through a restraining order Chairman Cataldo As it is set up here, a report comes to the Board and we send the Engineering Department out to look at the situa- tion; if, in their opinion, it is a violation, they ask him to stop; failing that, we cone to the ONR. 1 don't know of anyone who hasn't stopped. Chairman Cataldo thanked Mr Cousins for meeting with the Boards and requested that he send to the Selectmen his personal opinion of what legislation he would like to see enacted. Mr. Cousins I would have to go along with the decision of our, Commissioner If the Planning Board or Conservation Commission has any doubt, come to us. It is a service to the individual to let us check it and that he complies with the requirements of wetlands. Mr. Cousins retired from the meeting Mr. Irving Mabee, Dr. Jack Monderer and Mrs Touart met with the Ad Hoc Board and submitted a proposal for an ad hoc committee on Youth in the Youth Town of Lexington. The draft covered the purpose, responsibility] Committee duties, work of the Committee and membership to include one member representing the Selectmen, School Committee and Recreation Committee, Town Manager, Superintendent of Schools, Chief of Police, Recreation Director, three teachers from among five nominated by the L.E.A.; also, one member representing the Mystic Valley Mental Health Center, a clergyman from the Council of Congregations, High School P.T.S.A., Replace, Citizens' Committee for Lexington Public Schools and Hayden Recreation Center, Inc 35 I Dr Monderer We are all concerned With the youth of Lexington and we wish to share with you what We think may be the start Of a solution to a community problem with youth We are here basically to ask for help and guidance in determining the appropriate next steps Soon after an editorial appeared in the Minute-man suggesting an official Town Coww►ittee be formed, a number of Lexington citizens got together to discuss it and we call ourselves an Ad: Hoc Committee on Youth Each of us is active on committees and agencies with youth but we felt our efforts fell short of the norm by operating by ourselves; we would be unable to do it and we need liaison with other private agencies One way to achieve this was through a Town agency or committee to pull all groups together for this purpose, the concern of the Town facing with you the problems of the Town and it gives you a voice in assessing our problems and a voice in its solutions. it is a question of whether or not this should be, assuming it to be a good idea, a Selectmen estab- lished committee or Town Meeting established committee; we are not sure which makes the most sense. We would appreciate hearing your feelings Town Meeting might be more responsive to the wants and there would be a greater possibility of a greater youth spirit with a broader repre- sentative body and continuity over the years. We felt that by asking that a group be established by the Selectmen that the Board is capable of being most responsive to the needs of the Town as it has the power and can influence various agencies to work together by effectively dealing with the problems of youth and to give support to programs both 1n and out of Town Meeting At this point, we are unsure of the direc- tion to go and would like your reaction as to what direction we m.Lght take Chairman CataldoCIdon't think there is any question of everyone's interest in the youth of Lexington but there would be six different approaches. In my personal opinion, although every group you have listed should be com- municated with in some way, I don't think you would get too much accomplished with that large a committee If you go forward with this concept whether Town Meeting established or Board of Selectmen estab- lished, the overall is fine and necessary. For actual control, the Committee would have to be small , five to seven members, with the rest in an advisory capacity; this would lead to much greater and faster results. Dr. Monderer Actually, a small executive committee, with regu- lar meetings for alt membership and meetings with the executive committee to make evaluations. Chairman Cataldo If the main body didn't have to meet with the whofe group, then certain areas could be concentrated on I don't agree with you that just because it is Town Meeting or Selectmen es- tablished it will accomplish what you are saying; it will depend on your people involved The only advantage of either body is the Town participating in financially We have found that Town Meeting is the only one that gets them going Mr. Kenney My initial reaction is the same as Mr Cataldo' s. There are thirty-one people proposed on the committee and there are too many people. It might be possible for the executive comYhittee I 36 to operate on a continuing basis and to meet with others on specific meetings. You are in no shape with this proposal to go to Town Meet- ing because you really don't know how to work this. If you ask the Selectmen to appoint, you can change it around and adopt this and can get the organization set up and you could go to Town Meeting; at this stage, to get started without waiting for Town Meeting. It is good to have some group to whom a committee can report on a monthly or con- tinual basis. Chairman Cataldo If you are going to establish a committee,, I would hate to see it established when you don't know where you are going. Before any formal step is taken, regardless of how the commit- tee is appointed, there should be a tremendous amount of effort and thought put into it to make it work and then take the first step. Mrs Riff in I would like to see a committee established by the Board as it would give a certain amount of stability and prestige within the Town. We need more planning and coordination in order to develop as good a program for the youth of our Town as we possibly can have; It will take a lot of time and continuity, and I would like to see a committee established. Mr Bailey When I first had the opportunity to think about it, my first question was "Why should the selectmen be involved?" and assuming it to be answered, "How should they be involved?" I think, after pondering it for eight weeks, it is clear that the Selectmen could be involved but I don't know that it is necessary we do this for it to be a success. There could be a steering group to start off with. Mr. Kenney It opens the possibility of Town funding and also , gives the official stamp on the group. Mr. Mabee There is no point in having it if the Board doesn't think it is necessary; you don't need an extra committee. I. have heard you say that the Drug Committee just touches the problem and we are going to report to the Board anyway. I look at it as an ex- tention of the Drug Committee and a committee somewhat like the LCSR which serves as a real buffer for the Board of Selectmen. Chairman Cataldo There is no question the youth problem is tremendous and the effort put forth would be an advantage and help. I am sure we can be of some help and can see you getting things accomplished with the right membership. Mr Mabee We contacted every group on that list before the first draft and went back over it; this is the second or third draft. There has been a lot of thought already. If there is any-enthusiasm on the part of the Board, talk among yourselves and appoint a member. Chairman Cataldo: My feeling is there is no question I would like to see you keep going and explore it further Whether it is Selectmen or Town Meeting appointed can be decided later Mr Buse I concur. In the final analysis, to have one coordin- ating committee and not have a multitude going in different directions. I think this should be the ultimate The Board agreed to discuss the matter and appoint a representa- tive of the Board. 37 The School Committee and Dr. Fobert met with the Board. Chairman Cataldo We have a couple of items we would like to talk about before we go into executive session. One, our approach to next year's budget. Last year, we worked extremely hard to try and hold the line on expenses and we were successful in reducing the tax rate In my opinion, the School Committee did not cooperate to the point that we felt it added anything to the reduction on the tax rate Our approach to the tax rate this year is going to be exactly the same It has been said although there has been a reduction in the tax rate this year, next year it could increase by $:10.00. The Board doesn't want this to happen and we are going to look to you and the school budget for substantial decreases to effect another reduction or at least hold the line next year. We would like your budget submitted as early as possible so we can discuss the budgets and have ample time to evaluate them. Mr. Maguire I disagree with the position of the Chairman and feel that in Mr O'Connell' s words the School Committee was responsible toe 7e% of the Town budget, that they did use restraint and they were actually responsible for the reduction in the tax rate. Chairman Cataldo. Naturally, I disagree and, in my opinion, the School Committee contributed nothing toward the reduction in the tax rate; especially when we had to appropriate $80,000+ in June simply because the School Committee didn't do their job and have the estimates ready for the repair of the fire damage at the High School . When the insurance money was laying in escrow in Boston and it should have been in the Town treasury, we would not have had to appropriate that money' School and could have reduced the rate considerably. Committee Mr. Maguire This money will be available at the end of the year and, therefore, the Town would lose nothing. Chairman Cataldo: Yes, but we had to appropriate the money and put it on the tax rate this year only because you people didn't do your job We would like to discuss some of the points of your proposed con- tract with the L E.A The Board is very upset with the attitude of the School Committee in that we have asked you year after year that before you finally agreed to any terms that would affect the Town generally, to come in and talk with us so we could mutually agree in what direc- tion to go. The School Committee, once again, in agreeing with the teachers' severance pay regarding unused sick leave decided not to talk with us and to display any sense of cooperation with us in an area that will affect the Town substantially We have had this same request to us year after year by our different unions and we have denied them Our question to you is, the legislation that would authorize payment of this did not pass, so we are asking what is the School Committee's position oow3 Mr. Maguire 1 would have to research the legislation and see in what form it was passed that the School Committee would do nothing il- legally Chairman Cataldo We would like to discuss the two vouchers that have been quest+oned by Mr O'Connell and if it is the pleasure of the 38 School Committee to go into executive session, I will initiate a motion; but, as far as the Board of Selectmen is concerned, we are willing to discuss them in open meeting. Mr Maguire concurred that the School Committee would discuss the issues in open meeting. Chairman Cataldo. So there would be no question in anybody's mind, and for the record, is it agreed that the Town Manager was within his authority and responsibility in questioning these vouchers? The School Committee agreed. Chairman Cataldo: In the matter Of Karas and Karas bill , it is the feeling of the Board that although there was a fire, the areas were made safe and closed to the weather by the Fire Department and, School Department personnel; therefore, it was not a strict emergency to let this job without any indication of cost or at least a telephone quote. As we understand it, the School Department handles all its glass work in the same manner, whether it be an emergency or not. What makes it worse, a local glass company has asked for consideration to bid the glass requirements of the Town and there Is a letter onfile in answer to their request that the School Department does not put their glass work out to bid This could cast an image on how Somerr vi lle operates. This, the Board wants no part of. Therefore, it is the position of the Board that this invoice will be paid but we want the School Department and Karas and Karas to understand, without ques- tion, that if a purchase order or work order is placed under the same conditions and it is questioned by the Town Manager and the Board' .oft Selectmen has to investigate it, that the Board will not approve pay- ment of the voucher We are not asking the School Committee to change its procedure in any way if they do not see fit. We are simply stressing we do not agree with the procedures and if at any time in the future a voucher is submitted to us under similar circumstandes, we absolutely will not approve payment. The Board also discussed the payment of coin telephone bills throughout the school system. Mr O'Connell There was some question in the Comptroller's mind whether the Town had the authority to expend public funds for such purposes It was agreed that the matter would be researched and if this Were the case, the policy of all public telephones would have to be reviewed town-wide Chairman Cataldo Is there anything else the School Committee would like to discuss with the Board. Mr. Maguire The exchange of letters should be printed in the paper in as much as they are public record Chairman Cataldo I have absolutely no objection to them being printed. I would want to include a statement with the publication stating, specifically, the telephone conversations that led to the writing of these letters. If the Chairman of the School Committee is willing to make a statement regarding the telephone conversations and the true context of the conversations, -then, fine, the letters shou,I4 be printed I �QJ 4-111 Mr Maguire: I have no objection and would make the same statements publicly that I did in the letters. Mr. Page I was very upset about one letter that was written with- out my knowledge and I feel Mr. Maguire had no right to write a letter without telling me. Especially when they had a meeting scheduled for 7 30 and it was postponed until 8. 15 and there was ample time to inform me of the letter. Chairman Cataldo' Why was this action not part of your minutes? Mr. Maguire Such actions are not necessarily inserted in our minutes. Chairman Cataldo I still find it difficult to understand that the majority agrees to write this letter and your record and minutes do not show it was a vote or any part of your record Mr. Frick I am not aware that the Board of Selectmen has read all of these letters ahead of time nor am I aware of a vote by the Selectmen to write a letter Chairman Cataldo The letters I write say, personally, this is my opinion. Mr. Maguire The majority of the School Committee had agreed to write that letter. I have already apologized to Mr. Page and it was not done at my behest Chairman Cataldo If letters are going to be printed, so should the whole background, and they don't go together. Mr Eaton I came back from being away and read through this correspondence and read what was in the Minute-man and 1 was personally, deeply disturbed because I felt this was not the way to build the kind of cooperation, particularly after the meeting of three months ago. I would ask the question - is it the opinion of the other members of the Board as well as yours that the School Committee contributed absolutely nothing to the tax structure? I feel that the School Committee worked awfully hard and gave you a reduction in the teaching staff and re- ducing in many other areas and gave you the lowest percentage in any other budget To read it in the newspapers, and I feel it unfair and would like to know if other members feel the School Committee contri- buted to protect the taxpayers in the Town? Chairman Cataldo In the letter, I said in my opinion I will not speak for the Board Mr Kenney In my opinion, we would do well as a group to change the entire tone of conversation. Forget the letters and attempt to move in the future on a more firm basis 1 am not sure who is at fault for going this way and it would achieve no salutary re'Sults Mrs Riff in I think the full Committee budget speaks for itself and was debated on Town Meeting floor and the effect of the budget on the Town 1 feel also that the issues have been explained and ex- plored and we hake come to an understanding of what the Selectmen would expect The issues we have had differences on have been dis- cussed and printed letters can only inflame and have an effect on the people of Lexington I am hoping we can work together in a positive way and serve in the best interest of the Town on the basis of opinion and not personalities. 4U Mr Busa: In my opinion, we do receive copies of letters written by the Chairman and discuss letters written in his name, and there is never an objection raised In my opinion, we are unanimous in what he has written to the School Committee. I was not a member of the..Board when the budget was worked on. I have looked into the school budget and what the School Committee cut from the budget; I don't know the percentage but it should help cut the tax rate At the time $50,000 was cut and, in my opinion, this was all that was cut and the contribu- tion on a $10 M. to $12 M. budget, when every other industry was cutting 10 percent. In my opinion the School Committee contributed very little on the budget but the $50,000 which was brought up on Town Meeting fllQbr, and this is not a large contribution when everyone else cuts 10 percent. Mr. Eaton $50,000 was cut at the last minute on top of a greet deal more we had done additionally. Let's get that straight Mr. Busa There was no public information on what the budget would have been before the School Department pared it down. Are you trying to tell me there was? Mr Frick There was a public hearing on the budget and fourteen people in Town did attend; if they had, they would have been better in- formed. n- formed. Mr O'Connell Has the School Committee issued a final budget for 1970? I have never seen a 1971 school budget yet. Mr. Bailey 1 don't think there is any question in any mind that cuts were made and contributed to cuts in the taxes. One difficulty we face is coping with a fairly large and complex budget, and our question is, does the School Committee have difficulty also? This leads, on the basis of what we see, to possible substantial and additional progress made in other directions, and this is lurking behind our community. We are attempting to sit down to make our position clear, with budgets coming up. Work keeps coming up alluding to the different style ie+►,the school department expenditure items compared with other Town boards and committees. Our style is painfully clear; it is pretty much down to the bone and I don't see the evidence that the school department's Is; there may be Mr Maguire We had an interesting discussion with the Appropria- tion Committee and a really high level of communication had been established and we retain it in the same high level established by--our two boards. A letter was written by the Chairman; letters are public and I feel, in my opinion, within the bounds of propriety they be stopped. Mr. Kenney That is your opinion, do you think it would do the Town any good to publish? You just said you want to establish rela- tionship with the Board. Chairman Cataldo The letters were only written as a result of our conversation in answer to your letter. 1 would say publicly what I said in the letter If you want to go that route, fine, but as far as I am concerned, there should be a statement regarding telephone conversations Mr. Maguire I agree that was the wrong route and agree not to pursue. I strongly insist that we meet again and thrash out our differences. I 41 Chai.iman Cataldo: We will discuss the two bills, and as far as the Board is concerned, we are not asking you to change and not demanding you to change; we are just telling you to change your approach. Mr Page I am very upset the way things are going on the School Committee and I would like to see some changes. The School Committee and Dr Fobert retired from the meeting Later on in the meeting, the Board discussed the Karas and Karas bill in the amount of $2,945 61 and the bill from the New England Tele- phone Company in the amount of $50. 10 for coin operated telephones at Karas 6 the Hancock School. Karas Upon motion duly made and seconded,, it was voted to release the N E Tel check payable to Karas and Karas for glass work performed at the High Bills School , in the amount of $2,945 61 . Upon motion duly made and seconded, it was voted to request the Comptroller to process payment to the New England Telephone Company for coin operated telephones at the Hancock School, in the amount of $50. 10. The Board agreed that Mr. Perry would finalize the authority of the Town for payment of coin operated telephone guarantees. Upon motion duly made and seconded, it was voted to grant permis- sion to the Boston Edison Company and the New England Telephone Company for the following pole location which has been approved by the Town Engineer Shaw Place Pole Shaw Place, northwesterly, from a point approximately 62 feet Location northwest of Augustus Road, three poles Chairman Cataldo read a letter from Anthony J. LoSecco of Forest Hills, New York, complaining about a guide on the Green Guides Chairman Cataldo I have talked to Rev Handley and he will take care of the matter Chairman Cataldo read letters from Mr Rodger P. Nordbiom and Attorney Jack J Moss regarding the Lexington-Burlington land Mr. Nordblom states that in regard to the question of access to our prop- erty in Burlington over Lexington streets and adjacent property, it is not our intention to use these for vehicular access provided that tex7ngton our property Is developed for commercial use, and also provided that Burlington access can be worked out from across Route 3 from Burlington. If Land either of the above conditions are not met, we would anticipate using access from Lexington for a single family residential development. We are mindful of the concern of the Lexington residents in this area and intend to do everything possible to alleviate their fears of any encroachment on their privacy by future developments To accomplish this, we would propose to submit our plans for the development of our property at the appropriate time in the future I am sure that the discussion which would follow would be mutually advantageous Rest assured that we intend to extend every possible condideration to these residents 42 Attorney Moss states that Mr Taylor and I are willing to enter into a binding agreement, but this is conditional upon the Town of Lexington supporting the passage of the bill to give permission to the Town of Burlington for access from Burlington, and also the eventual passage of the bi .kl . After discussion, the Board agreed to reply that the conditions set forth are not sufficient to insure the residents of Lexington proper protection Unless further conditions are met to provide protection, the Board will not support the passage of the bill . Mr Kenney reported on the Nawoichik dog hearing held on August 12, 1971 at 9 00 a.m following a written complaint to the Board of Selectmen from Mr William L. Phelan, 17 Nichols Road, against a dog named Heidi , owned by the Nawoichiks, 16 Nichols Road Mr Kenney The written complaint was from Mr. Phelan, whose son was bitten on July 22 and had to be taken to the hospital. Mr Phelan hopes the Board would do something, especially about the April 30, 1970 restraining order Another man was present at the hearing, a Mr Tossbverg, who had known the dog since it was a puppy and there is no doubt that it is the dog we had the hearing on. Mr. Phelan Mr. Tossberg is a neighbor of mine and lives almost across the street Mr Tossberg didn't sign the original petition because he felt rather kindly toward the dog but he has changed his position. Nawoichik Mr Kenney We have a problem dog here and I have asked the Dog Town Manager to make a specific recommendation this evening. It is my idea that we must do something about this dog Mr O'Connell I have received a letter from Stephen Nawoichik stating that the notice of the hearing was sent incorrectly to Edmund Peter Nawoichik. Stephen has acknowledged receipt of the notice of the hearing by sending me this letter. Stephen writes that he was unable to make the hearing because of a very pressing business engagement but would appreciate having another hearing if this is possible. As of the last posting of the Town Clerk, this dog is unlicensed. Subject to concurrence of Town Counsel, i make the following recommendations That the Board, acting under the re- straining order of April 30, 1970, Section 158 of Chapter 140 of the General Laws, instruct the Chief of Police if the dog is found out- side and not in his immediate care, this is the section of law grant- ing to a police officer the authority to kill the dog if it is again found outside. The Board should inform the owner and call attention to Section 155 of Chapter 140 which covers the liability fOr damages to children or property, and Section 159 which covers treble damages for damage after notice, and Section 156 that any person may kill a dog if it assaults him. Mr Bailey What about the first part of the April 30, 1970 order? Chairman Cataldo As far as this order is concerned it is stilt in effect and can be enforced. You should get Stephen in to estab- lish concretely that this dog is Heidi and then we can process it and inform him it must be removed or we destroy the dog. 43 Mr. Kenney We have the testimony of the neighbor who has known the dog since it was a puppy Chairman Cataldo We can't take the testimony of the neighbor. Where Stephen is willing to come in, we can establish that fact beyond any question, and get him to acknowledge it under oath Mr Phelan It seems to me it has been established beyond any doubt that this dog was indeed Heidi and the same dog the order concerns Chairman Cataldo Who testified to this? Mr Phelanc Mr. Tossberg I don't understand why he was not present tonight Chairman Cataldo I am taking the precaution for the Town of the possibility of destroying the dog The order calls for the removal of the dog and failure of this, the Board must have a recourse Mr. Phelan I hope we don't come to the destruction of the dog I have great sympathy for Mr. Nawoichik and no desire whatsoever to have the dog destroyed All I am asking is that this dog be removed Mr Bailey What if they won't do it? Chairman Cataldo They have entered an appeal We have to take the next steps ( I) to ignore it, (2) to take action, which is to de- stroy the dog. Mr O'Connell We do not have the authority to go on his premises to have the dog destroyed Mr Phelan That surprises me You can't go to court and ask the court to enforce your order? Chairman Cataldo The statute clearly states what our alternatives are. Mr Phelan I am very concerned now with talk about destroying the dog This gets violent and I hope it won't be necessary Chairman Cataldo Say we talk with Mr Nawoichik and he just goes along as he has been going, what is your feeling2 Mr Phelan If it comes to that, I would have to think about it Chairman Cataldo If we turn our backs and your children did get bitten, what then? No answer from Mr Phelan. Mr. O'Connell The law always uses restrain or remove; if the owner keeps the dog tied up, he is complying with that order. From a practical standpoint, you know the possibility of that dog getting out That's why the law makes the provision and the only option left to the Board is to destroy the dog Chairman Cataldo This is why we said "removed from the confines of Lexington " Is there anything to change the personality of this dog to make it less dangerous than last April? Mr Phelan The evidence speaks for itself Chairman Cataldo We have to establish the fact beyond any doubt that this is the dog We have to face up to the responsibility and you put us there. Mr. Phelan There is no personal animosity towards the dog. There is no question in my mind of their affection for the dog but I have a responsibility to my children and I am willing to cooperate with the Board and Town Counsel and the Town Manager 414 Chairman Cataldo I see no evidence for us to change our position Mr Kenney If I call Mr Nawoichick and ask him under oath if it is the same dog and 1 will remind him the order is still in effect and the dog must be removed The Board agreed that Mr Stephen Nawoichik is to be questioned under oath if his dog, Heidi , was in fact the dog that bit the Phelan boy on July 22, 1971 . A letter is to be sent by the Board to Mr Nawoichik that the restraining order of April 30, 1970 regarding Heidi is still in effect and the Board demands that Mr. Nawoichik abide by such order Mr Phelan retired from the meeting. Mr Kenney reported on the Stankowski dog hearing held on August- 12, 1971 following a written complaint from the residents of Grapevine Avenue urging that police action be taken to remove foom a position of Stankowski committing injury and the threat of injury the dog belonging to the Dog Stankowtki family at 30 Grapevine Avenue A sufficiently substantial history of these above allegations exist to justify such action. Mr Kenney A report has been received from the Dog Officer that the dog bit one of the complainants The recommendation would be to issue a restraining order on the dog and if Mrs. Stankowski could keep the dog in the house or tied up, hopefully it would end Mr O'Connell There was some evidence that this dog was being the victim of the way the children treated .it Upon motion duly made and seconded, it was voted to request Town Counsel to draw a restraining order to be issued to Mrs Gloria Stankowski , 30 Grapevine Avenue, regarding her dog named, Admiral . Chairman Cataldo read a letter from the Planning Director in re- sponse to a request from Mr David Dickerson of Somerville to purchase tax title land in the area of 8 Willow Street and 10 Valley Road near Tax Title the railroad tracks. The letter states that the Planning Board is Dickerson unable to determine which specific parcel or parcels of land Mr Dickerson would like to purchase It is the opinion of the Planning Board that no town-owned land in the area between the railroad and Bedford Street shouldibe sold at this time because of several possi- ble uses for such land Upon motion duly made and seconded, it was voted to inform Mr Dickerson that the Board concurs with the Planning Board that no land in the area be sold until a more definitive plan is agreed upon for that section of Town Chairman Cataldo read reports from the Town Manager, Town Trea- surer and Town Comptroller regarding proposed legislation for a Legislation National Domestic Development Bank Upon motion duly made and seconded, it was voted to write to Sena- tor Hubert H Humphrey that although this legislation would helO some communities, it would not help Lexington in any way, therefore, we- do not support the passage of this bill . Mrs Riff in abstained 45 Chairman Cataldo read a request from Youville Hospital for a one- day permit for a formal benefit bail at the Lexington Grey Nuns Provincial House on Pelham Road on Friday, September 17, 197.1, from 8.00 p.m. to 1 00 a.m One-day Chairman Cataldo 1 talked to Town Counsel and it is his opinion Liquor that we have no authority to grant a one-day license Permit Upon motion duly made and seconded, it was voted to inform the Youville Hospital that the Board has no authority to grant a onetday license to sell liquor. Chairman Cataldo read a report from the Planning Director in re- ply to a request from the MBTA for information on the availability of land for increased off-street parking facilities assessable directly from Route 128 to areas adjacent or near commuter railroad lines. MBTA The Board agreed to inform the MBTA that until plans are further developed for this whole Route 128 area in Lexington, we should not commit any specific parcels of land The Board will request inform- ation from the MBTA regarding the extension of any commuter lines in this area. Upon motion duly made and seconded, it was voted to sign water abatements for the following Abatements Mr. DiPietro 27 Paul Revere Road $18.90 Wrong billing Ruth M Kirouac 646 Lowell Street 16 45 Freeze-up dial left on Upon motion duly made and seconded, it was voted to certify the character of Barbara Siegert and eleven other Lexington residents who have applied for Certificate of Incorporation "Lexington Friends of Cert. of Children in Special Education, Inc " to be located at 132 Follen Road. Incorp. Upon motion duly made and seconded, it was voted to certify the character of Irving K. Zola, 55 Wood Street, who has applied for Cer- tificate of Incorporation "Greenhouse, Inc " Chairman Cataldo read a letter from R.G Converse, 40 No Hancock Street, regarding a bad situation with a catch basin at Bertwell Road Catch and the corner of his property. Basin Upon motion duly made and seconded, it was voted to inform Mr. Converse that the situation will be taken care of Chairman Cataldo read a request from Lois C. Ernst, Realtor, re- questing extension of Town sewer system to service lot 9 Washington Street at the expense of Dr. Alvise Braga Braga After discussion, the Board voted to authorize this sewer to be Sewer constructed to the specifications set forth by the Town Engineer with the total cost to be assumed by the owner Upon motion duly made and seconded, it was voted to sign the III petition to the County Commissioners for relocation and specific re- Spring St. pairs to Spring Street 4'6 Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s Meetings held on July 26, July 29 (Special), August 2, and August 13, 1971 (Special) Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting Executive on Matters which, if made public, might adversely affect the public Session security, the financial interests of the Town or the reputation of aY person. After discussions of matters concerning committees of the Town, it was voted to go out of Executive Session and resume the open meeting. Mr. O'Connell recommended that Mr. Norman Cohen be appointed a Conserve- member of the Conservation Commission Mr Cohen will do a good job tion for the Commission. Appoint- Upon motion. duly made and seconded, it was voted to appoint Mr. ment Norman Cohen a member of the Conservation Commission for a term expir- ing April I, 1974. Upon motion duly made and seconded, it was voted to adjourn at 11: 15 p.m. A true record, Attest /1 xecutive Clerk, Selectmen 1