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HomeMy WebLinkAbout1971-01-25-BOS-min SELECTMEN'S MEETING January 25, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, January 25, 1971, at 7 30 p.m Chairman Cataldo, Messrs Mabee, Greeley and Bailey were present; Mr. Legro, Town Counsel ; Mr. O'Connell, Town Manager, and Mrs McCurdy, Executive Clerk, were also present Mr. Legro requested the Board to sign the contract between Crowley Associates, Inc and the Town for interceptor and lateral sewers for Five Fields Five Fields. Sewer Upon motion duly made and seconded, it was voted to sign the con- tract between Crowley Associates, Inc and the Town for interceptor and lateral sewers for Five Fields. Mr. O'Connell informed the Board that he had talked with the titans Club regarding the permit for the 4th of' July carnival Their request July 4th actually read July 1 through July 5, but they intend to operate four Celebra- days July 2 - 5 July 4th is a Sunday and the Lions Club agreed that tion 3 00 p.m. to 9:00 p.m. on Sunday would be satisfactory operating hours What is the Board's feeling? Upon motion duly made and seconded, it was tooted to grant permis- sion to the Lions Club to hold the 4th of July carnival at the Center Playground for four days, July 2-5, including the hours of 3 00 p.m. to 9.00 p.m on Sunday, July 4, 1971 Mr O'Connell reported to the Board that he had received a report from the Building Inspector regarding the Palmer carriage house at 1508 Massachusetts Avenue stating that the building has been made Palmer weather tight and secure, the windows have been boarded up, the roof House closed in and the exterior doors locked so they can't be entered There was no indication of whether interior work has been done but in the judgment of the Building Inspector, Mr Palmer has satisfactorily complied with the protection requirement and feels the owner has at least met that part of his obligation and has met the 10 days require- ment. Mr O'Connell informed the Board that he had received a letter Bowman from Mr. Hargrove asking for $100,000 for the roof at the Bowman School . School I advised Mr. Hargrove that the Committee had been consulted and, to Roof the best of our knowledge, they are not recommending an Article, and for him to pursue the present plans with respect to responsibility and, later on, if it is necessary for the Town to bear the cost., then it would have to be treated on an emergency basis Mr Legro said that there is a provision with the Emergency Fi- nance Committee to spend money if you need it 36:3 Mr O'Connell read a memo from the Comptroller regarding the fire- fighters' hourly and time and a half rate of pay, effective February I , 1971 , stating that to the best of his knowledge a 1970 contract has never been signed with the Firefighters Union The 1970 Personal Ser- vices salary schedule was adopted for them as of April I , 1970; the fact that the Personal Services salary amounts in the 1969 Union Con- tract were on an annual basis seems to indicate that for a weekly basis we would divide by the number of actual weeks in a year and then the weekly rate would be divided by the average weekly cycle, which is 50.4 hours and will be 42 hours as of February I Inasmuch as this appears to be a Board of Selectmen policy decision, rather than a comp- troller mathematical calculation, I look to the Board for guidance. The Chairman felt that 50.4 hours for 52 weeks is the way it should be calculated for the full year. Mr O'Connell said if you made the calculation and that was the basis, what is the base pay for sick leave? The Chairman said that we could get the calculated hourly rate and multiply and come up with a week' s pay Mr O'Connell said the Town would be within its rights if it chose to do it The Chairman said as far as the time and one-half rate is con- cerned, I don't see any basis for changing it Mr Legro stated that he had Said that it was a negotiable item There was no salary base as far as he was concerned, they took the ballot question in their own hands and it is best decided by negotia- tion Mr Greeley asked isn't the State law specific as to what is time and one-half? Mr Legro replied that it is one and one-half times the hourly rate. Mr Greeley asked if they couldn't take the old rate? Mr O'Connell didn't think we could use a different hourly rate to calculate time and one-half, other than what is used for his week' s pay The only commitment I know of is the annual rate quoted in a now-expired contract The Chairman said we set an hourly rate March I ; nothing changed that Mr. Bailey said you didn't set an hourly rate, you set an annual salary Mr O'Connell said if the Board votes to maintain at a rate that corresponds per hour as it was established, you do not have any current obligation to continue that contract Mr Bailey didn't think there should be instructions to the Town Manager to negotiate What was the intent of the townspeople when they voted the 42-hour week? Mr Mabee replied that is a question which you will never get an answer Mr Legro said if you go all the way, it results in a 34% differ- ence, because you are increasing the hourly rate by 17% and the work force by 17% 36 4 Mr O'Connell said if a Private is called back at night, he is paid 111 time and a half and he would get $90 for that night' s duty. The ques- tion I am raising is, if he is called back Mr Greeley said that overtime is based on one and one-half times the calculated hourly rate. The Chairman said we set the rate last April and will set it next April The Referendum said nothing about the hourly rate at time and a half Mr. O'Connell said unless there has been a legal determination that can't be used, the law provides the alternative of time off in lieu of time served. Instead of time and a half, would the Board say it would grant time off in lieu of this? Mr Legro said it was his opinion to follow the procedures that have been followed for years on straight time. The man could volun- teer for extra duty; except for a serious fire - then, they are re- quired to work If they volunteer for extra hours, and say so, I see nothing in the law that is mandatory that time and a half be paid We have 90 days from November 3 and the matter can be resolved by negotiation. Mr Bailey questioned that straight time might be adequate Mr. O'Connell said that based on what Town Counsel says I will withdraw to see how we make out We have to make a decision on or about February I and we are meeting with them tomorrow. The Chairman asked Mr O'Connell if he had been paying much over- time? Mr O'Connell replied, not currently, it is being kept under good control by the Chief Mr O'Connell is to meet with the Firefighter' s Union and report back to the Board Mr O'Connell informed the Board that he had received a telephone Girl Scout call from Mrs. Ross requesting that the Girl Scouts set up a table Cookie Sale somewhere in Cary Hall to sell cookies on the evenings of Town Meetings The Board agreed that permission should not be granted for the sale of Girl Scout cookies during Town Meeting Upon motion duly made and seconded, it was voted to sign Common Common Victualler licenses for the following (approved by the Board of Health) Vict Licenses Minute Man Buffeteria 316 Marrett Road Woodhaven Country Stores, Inc. 424 Marrett Road The Chairman read a letter from Frederick J Conroy as a member of LCSR Resig- the Lexington Commission on Suburban Responsibility, representing the nation Chamber of Commerce. Upon motion duly made and seconded, it was voted to accept, with regret, the resignation of Frederick J Conroy as a member of the Lexington Commission on Suburban Responsibility, representing the Chamber of Commerce. 365 Upon motion duly made and seconded, it was voted to approve the IIIbonds for Deputy Collectors Paul E Kelley and John J. Furey, in the Bonds amount of $2,500 each The Chairman read a letter from Attorney General Quinn enclosing Copper a check for $718.83 as third payment on the settlement of the Copper Piping Piping cases. Check Upon motion duly made and seconded, it was voted to sign the am- Ambulance bulance abatement for DPW Town employee, William White, in the amount Abatement of $10 00 Upon motion duly made and seconded, it was voted to approve the minutes of Selectmen' s Meetings held on December 21 , 1970 January 11 Minutes and January 18, 1971 The Chairman read a request from Charles E. Wesinger, Jr , 38 Walnut Street, Arlington, to purchase the tax title lot No. 2 Reed Tax Title Street, in the amount of $ 1,000. Wesinger Upon motion duly made and seconded, it was voted to refer Mr Request Wesinger' s request to the Planning Board for a recommendation. Upon motion duly made and seconded, it was voted to sign the no- Notice of tice of intention to lay out Worthen Road from Marrett Road a dis- Intent to tante of 1470 feet, more or less, northwesterly to Sherburne Road. layout Upon motion duly made and seconded, it was voted to hold the Worthen Rd street hearing for the purpose of making and establishing said exten- Date for tion and layout and hearing all parties interested, in the Bird Room, Street Cary Memorial Building, on Monday, February 8, 1971 , at 7 15 p.m Hearing The Chairman read a request from the Tax Collector to abate the uncollectable 1969 ambulance bills, in the amount of $359 Abatement Upon motion duly made and seconded, it was voted to grant the for request of the Tax Collector and sign the abatement of the uncollect- Ambulance able 1969 ambulance bills. Bills The Chairman read an invitation from the Director of Middlesex County Hospital to attend a strategic planning session on Saturday, Middlesex February 6, 1971 , at 10 00 a.m at the hospital . County The Board agreed that the Town should be represented and Mr. Hospital O'Connell is to make arrangements for the Board of Health to attend and to send Donald Nickerson a copy of the invitation The Chairman read a letter from the MBTA regarding the 1971 Ser- vice Reduction Program. MBTA The Board agreed to write to Lincoln P Cole, Jr. and request that he meet with us to discuss the effect on the Town' s service Lpon motion duly made and seconded, it was voted to sign the Water water abatement for Frederick Munn, $20 90, owner sent in wrong read- Abatement read- ing 366 The Board idscussed the dates for the Selectmen' s Meeting during Selectmen's February and agreed to meet on Tuesday, February 16, as Monday is Meetings celebrated as Washington's Birthday, and to meet on Monday, February 22 The Board agreed to meet on Saturday morning, January 30, at 9 00 a.m, to discuss budgets. The Chairman informed the Board that a letter has been received from the National League of Families of American Prisoners and Missing in Action in Southeast Asia- Massachusetts Chapter, requesting ( I ) adoption of a proclamation declaring the week of January 24, 1971 as POW Prisoner of War Week; (2) urging all places of worship to say special prayers for these men on January 23 or January 24; (3) urging schools and civic organizations to call meetings to hear personal account of a POW and to promote writing and collecting of letters; (4) convincing all citizens to write a personal letter to treat our prisoners in ac- cordance with the Geneva Conventions. The Board agreed to refer this to the Council of Churches and to Veterans' organizations The Board discussed the vote of January 18, 1971 to notify the Revenue- Congressional Delegation that the Board of Selectmen supports the pro- Sharing posed revenue-sharing programs Program Upon motion duly made and seconded, it was voted to rescind the vote of January 18, 1971 to notify the Congressional Delegation that the Board of Selectmen supports the proposed revenue-sharing programs. The Chairman read a report from the Traffic Committee, regarding Traffic a traffic light at the intersection of East Street and Lowell Street, Light East that traffic counts will be undertaken and evaluated for this inter- Street & section to determine whether and what type of traffic signal is Lowell warranted. The Traffic Committee will then recommend action by the Street Board of Selectmen, such as the approval of an application to the State Department of Public Works. The Board agreed to request the Traffic Committee to make this evaluation as soon as possible. The Chairman read a report from the Traffic Committee, regarding a traffic light at the intersection of Waltham Street and Concord, that traffic surveys by the Engineering Department indicate the inter- Traffic section meets the numerical warrants for a flashing signal and is so Light close to meeting the requirements for a full pre-timed signal that we Waltham St. expect it to be eligible by the time a signal is installed, due to the Concord normal annual increase in traffic The Committee recommends that the Avenue Board vote to approve the application for a full traffic signal; the necessary documentation will be prepared and submitted by the Town Engineer The Board agreed to request a definite evaluation and recommenda- tion before proceeding any further with the State Department of Public Works I e ray` The Chairman read a report from the Traffic Committee, regarding the abandonment of Clarke Street, that the Committee initially sees no serious objection to the discontinuance of Clarke Street at least as Abandonment far as the Medical Center and possibly to Raymond Street. However, of further study is needed to evaluate the effect of abandonment on the Clarke St overall traffic pattern in the Central Business District and to consi- der other changes which will become necessary, such as the rearrange- ment of one-way traffic and the provision of turn-arounds. The Committee hopes to submit a more detailed evaluation and recommendations within a few weeks The Board agreed to request a report from the Traffic Committee before Town Meeting. The Chairman read a report from the Traffic Committee regarding the bus stop at Tewksbury Street, that the Committee is not in favor of consolidating the Hill Street and Tewksbury Street bus stop at Shirley Street. While this may bring the stop a little closer to some residents of Greeley Village, it will, at the same time, inconvenience a number of bus riders from Hill Street, Revere Street, and Tewksbury Shirley St Street, including some of the Greeley Village residents located near Bus Stop Tewksbury Street. As we understand it, the principal problem is the condition of Tewksbury Street which is inconvenient for taxicabs and cars, rather than the walking distance to a bus stop. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Committee to leave the bus stops at Tewksbury Street and Hill Street and to so inform the petitioners from Greeley Village. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or vot- ing on matters which, if made public, might adversely affect the public security, the financial interests of the Town or the repute- Executive tion of a person. Session After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9 57 p.m. A true record, Attest J/ ' )27 ^ (�Jv 127 j1P- Executive Clerk, Selectmen