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HomeMy WebLinkAbout1970-02-02-BOS-min J Y. 11)0 i SELECTMEN'S MEETING February 2, 1970 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, February 2, 1970 at 7 30 P.M. Chairman Cataldo, Messrs Mabee, Kenney and Greeley were present Mr Legro, Town Counsel , Mr. O'Connell , Special Assistant to the Board of Selectmen, Mr. Burke, Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk, were also present At the request of the Town Clerk, three jurors were drawn as follows Jurors Hugh F. McDonald 69 Woburn Street William J Condinho 8 Stedman Road Arthur R Taverna 17 Ingleside Road Mr. Legro reported to the Board that at the fact finding hear- ing last Thursday evening, January 29, 1970, an agreement was reached between the Town and Local No 1703 AFSCME AFL/C10, repre- senting designated employees of the Public Works Department The only matter which had not been agreed upon previously was step 3 of the grievance procedure. The Union had asked that it read Public Works " If the grievance has not been settled after Step 2, a Union written statement of the grievance signed by the Contract grieved employee and/or the union shall be presented to the Board of Selectmen within three (3) working days after the response of the Superintendent of Public Works is due. If the signature of an authorized union repre- sentative is not contained on the grievance at Step three (3) , it shall be construed that the employee has brought the grievance individually " The Town had asked that it read " If the grievance has not been settled after Step 2 , a written statement of the grievance signed by the ag- grieved employee and by the Chairman of the Executive Committee, pursuant to a vote of the Executive Commit- tee authorizing him to sign and file the particular grievance statement, may be presented to the Board of Selectmen within three (3) working days after the re- sponse of the Superintendent of Public Works is due. The Board of Selectmen shall transmit its written I decision to the Executive Committee within five (5) working days after the second regularly scheduled meeting of the Board after its receipt of the written statement of the grievance, filed in the manner and within the time specified in this paragraph " There was considerable discussion with respect to what per- son or persons should sign the grievance statement on behalf of the Union The Town offered to accept the signatures of the employee and any two elected officers, who were to be a presi- dent, vice president, secretary or treasurer As that was not acceptable, the Town offered to accept the signatures of any two of the three members of the Executive Committee Both parties finally agreed that the statement should be signed by the em- ployee and all three members of the Executive Committee Early in the proceedings the Town stated that step 3 as proposed by the Town required the grievance statement to be signed on behalf of the Union in the manner agreed upon and by the aggrieved employee but that, once such statement was duly signed and filed, either the employee or the union could proceed with the grievance even though the other withdrew. Near the conclusion of the hearing, the union agreed that if the language now appearing as the second sentence of step 3 could be inserted and any requirement of a vote could be omitted, the union would accept the proposal of the Town as so modified. Step 3 as agreed upon on January 29, 1970, reads " If the grievance has not been settled after Step 2 , a written statement of the grievance signed by the ag- grieved employee and by the three members of the Execu- tive Committee may be presented to the Board of Selectmen within three (3) working days after the response of the Superintendent of Public Works is due. After a grievance statement is signed and filed in accordance with this Step 3 , the Union shall have the right to proceed with or without the employee. The Board of Selectmen shall transmit its written decision to the Executive Committee within five (5) working days after the second regularly scheduled meeting of the Board after its receipt of the written statement of the grievance, filed in the manner and within the time specified in this paragraph " Upon motion duly made and seconded, it was voted that the Board accept the grievance procedure as recommended by the nego- tiating committee and it will become part of the contract. County Mr. O'Connell reported to the Board that he had attended the Government meeting on County Government held on January 29, 1970 at the fPa1 Woburn Court House The attendance was disappointing but the repre- sentatives of the communities who appeared presented testimony. In essence, the thrust of the Commission' s interest seems to center around House Bill No 4129, which is a bill to modernize gouty Govern- ment. A commission was appointed to study this bill and Paul W Cronin of Andover is Chairman. The one formal item is that you are invited, if you choose, to give comments on House Bill No 4129 at the final hearing in the State House, and they are particularly interested in getting views. Mr O'Connell distributed copies of the bill to the Board and it was agreed that the Board would report back with comments Mr. O'Connell reported to the Board that he had attended the hearing at the DPU regarding the proposed change in rates by the New England Telephone Company The meeting was held for the purpose of organization and establishing a schedule of meetings to start in February through May and aimed at a decision by June 15 by the DPU It appears to be a schedule of about ten meetings with intervening parties, most significant of which is the Consumers' Council , which is formally intervening on behalf of the people of the Commonwealth in a hearing to be held by the DPU to consider the over $50,000,000 proposed telephone rate increase, Attorney Goldman has been ap- DPU pointed by the Council for this purpose Telephone Mr O'Connell said that the only significant thing he got out Company of the long debate is that there seems to be general concern on Rates whether or not the problem of poor service can play a part at the hearing The degree of quality of service is the subject matter on the rate and only the Telephone Company has all the facts on how good or bad the service is Mr. Greeley asked if there has been general publicity of this proposed increase? Mr. O'Connell replied, no; a number of people came to the meeting to protest that they hadn't received notice and were there to file as intervening parties; there was quite a discussion that the notice had not been properly disseminated. Mr O'Connell read a letter to the Board from Roy F. Dunfey, owner of the Lexington Motor Inn, in appreciation for the promptness and efficient action taken by the Fire and Police Departments during the recent fire at the Inn. Upon motion duly made and seconded, it was voted to approve the intention to lay out a building line on the southerly side of Massa- chusetts Avenue from the easterly boundary line of the premises now Mass Ave numbered 1620 Massachusetts Avenue to the westerly boundary line of Wallis Ct the premises now numbered 1654- 1656 Massachusetts Avenue Building Upon motion duly made and seconded, it was voted to approve Line the intention to lay out a building line on both sides of the en- tire length of Wallis Court I 560 Upon motion duly made and seconded, it was voted to sign the Notices of Intent to lay out a building line on Massachusetts Avenue and Wallis Court, to be delivered by the Constable to each abutter on each street Upon motion duly made and seconded, it was voted to certify Cert of the character of the following, who has applied for Certificate lncorp of Incorporation Joann Spiro 39 Burroughs Road "Action for Children' s Television, Inc." Upon motion duly made and seconded, it was voted to approve Minutes the Minutes of the Selectmen' s Meetings held on January 26 and January 29, 1970 Upon motion duly made and seconded, it was voted to grant Permit permission to the Pilgrim Circle of Pilgrim Congregational Church for the use of the Buckman Tavern Grounds for the sale of used books, etc on Saturday, June 6, or rain date of June 13, 1970. The Chairman read a request from the Middlesex County Coun- Request cil of International Reading Association to use Estabrook Hall for a meeting on Monday, May 4, 1970 from 7 30 P.M to 9 30 P.M. The request was referred to Mr O'Connell to be checked out. Mr. Kenney discussed the request of Chief Corr for a change in rates for special detail , which was voted by the Board on January 5, 1970 for $5.00 an hour with a minimum of three hours Police After discussion, it was agreed to change the minimum number Rates of hours from three to four hours Upon motion duly made and seconded, it was voted to rescind the motion to approve the rate of $5 00 per hour for a minimum of three hours for special detail for Patrolmen Upon motion duly made and seconded, it was voted to approve the rate of $5 00 per hour for a minimum of four hours for special detail for Patrolmen. The Chairman asked the Board if we should look into the "911" "911" emergency system of the Telephone Company System It was agreed that Mr. O'Connell is to discuss this with Chief Corr to see if he is interested in becoming a member of the emergency system At 8 00 P.M , the property owners of Wallis Court and Massa- chusetts Avenue met with the Board, Wallis The Chairman said that this informational meeting is being Court held to discuss the Article in the Warrant to establish a build- ing line on Wallis Court and Massachusetts Avenue He explained I to each property owner the effect this building line would have on their property as their property now exists, any future expansion of the present building or any future new construction on the exist- ing parcels. The following property owners were present Mrs Ella Brehm 1640 Massachusetts Avenue Associated Estates, Inc 60 Great Road, Bedford Ralph H Hall , Jr 1654 Massachusetts Avenue Mr. & Mrs. Edward Thivierge 1620 Massachusetts Avenue Mr. & Mrs Wendell H Burgess 2 Wallis Court Mrs. Jean P. Comley 3 Wallis Court Mr. Ellwood C Barret 5 Wallis Court A representative of Associated Estates asked how this new line would affect his property as he has plans for a new building on the corner of Wallis Court and Massachusetts Avenue The Chairman explained that the new building line will go back 15 feet on the existing layout of Massachusetts Avenue and 7i feet on Wallis Court, which is a 25' street Dr Brehm asked if it has been considered to open up Wallis Court and make it a through street? Mr Mabee said that it was highly remote, but it was proposed ten years ago. Dr Brehm asked if this line included the Colonial garage? The Chairman replied that it did not; the Town has an easement through the property beside their building and they could not build there; the showroom is the cutoff point Dr Brehm asked about the 71' that the Town is taking and asked if it would be, basically, theirs? The Chairman said that we are saying it is entirely yours but you can't build on it. Mr. Hall asked if there would be a reduction in taxes The Chairman said that he would have to discuss it with the Assessors Dr. Brehm asked if the Board had checked with the Assessors on their position? The Chairman answered in the negative. Dr. Brehm asked if the Board is ignoring the Assessors? The Chairman replied that once appointed, the Assessors become officers of the State If you feel the property has been deflated, we recommend that you go to the Assessors and ask them to look at the situation and re-appraise it Mr Barrett asked if this new restriction would affect the building which is proposed for the corner of Wallis Court and Massa- chusetts Avenue? The Chairman said that if this passes Town Meeting, they will have to live up to these conditions He asked if Associated Estates had received a building permit? Y47 A to The representative replied, no, we have not. He asked if the zoning ordinance has not been passed, is it possible to get a building permit? The Chairman replied that they could not get a building permit once this notice is filed The representative asked if it would be possible to use this for a parking area? Mr Legro replied that as far as the building line is con- cerned, the answer is yes, you can make any use of the property, apart frau erecting a structure on it If you can use your land under the zoning by- law for parking, you can use it afterwards. It is your land but it depends on the zoning by- law that affects your land. The Chairman informed the property owners that a legal hear- ing will be held on February 12, 1970 and if there are any questions, please contact him or Mr. O'Connell The property owners retired from the meeting Upon motion duly made and seconded, it was voted to go into Executive Executive Session, for the purpose of discussing, deliberating or Session voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputa- tion of a person 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 55 P.M A true record, Attest Executive Clerk, Selectmen 1