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.
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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
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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
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Executive Clerk, Selectmen