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HomeMy WebLinkAbout1969-11-24-BOS-min 495 SELECTMEN'S MEETING November 24, 1969 A regular meeting of the Board of Selectmen was held in the Se- lectmen' s Room, Town Office Building, at 7 30 P.M Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present Mr. Legro, Town Counsel ; Mr Gray, Executive Assistant, Mr Burke, Superinten- dent of Public Works, Mr McSweeney, Town Engineer, and Mrs McCurdy, Executive Clerk, were also present The School Committee met with the Board The Chairman said that, ordinarily, we have this meeting after we set the budget and then find out it is too late We felt we would change our position before you set your budget and vote on any budget items, specifically personnel We are all agreed this is a year when we not only have to use some conservative thinking but some tremendous amount of restraint As far as this side of the fence is concerned, looking at the Cherry Sheet alone, never mind progress, we are faced with MDC charges going up this year, we have a relief sewer, water rates are to be increased and the MDC is looking to raise by one-third, it means $248,000 and every $200,000 is a dollar on the tax rate; the MTA projected up over $200,000, it was under $ 100,000 in 1969 There is no end to County charges If we don't do a thing, we are talking School a $2 or $3 increase The formula stays the same but not dollar re- Committee duced, the balance will have to be raised on the tax rate Before your Board, or ours, makes a move in any direction, we are looking for a tremendous tax increase It is our feeling that we are going to use every restraint we know to keep expenditures where they belong; we are not saying personnel , each person should be paid commensurate with the job he is doing or should be raised to the point he deserves As far as new programs and new people, we ask you to take a hard look at this sort of thing. We are going to do it and ask you to do it. I read the Minute-man last week with great interest and recognize full well that you had a request of 35 people and are looking down to the number of 14. We see it as a tremendous amount as an addition to operating expense We would like to maintain some sort of stabilized increase If we don't do it, we are looking at a $ 10 increase. We have never had so many people come in and say that if there is another increase like last year, we would have to move We know how we are looking at another increase like last year. We don't know your thinking or ap- proach but ours is to maintain the levels we are at and ask you to take the same approach for reduction in your expenditures We ask you before you go into final session Mr Clarke said we recognize that we have an obligation to set a budget which will carry out a program we have selected for the Town. To put things in form of reference, since 1968, there has been an in- ' crease of $6; last year, 4 10% Also, people recognize that everything 4496 they buy has increased over last year not only in goods but in pupils in the community. We recognize full well what will happen to our budget, it says we are tied in for nearly $750,000 in non-discretion- ary expense, that which we could cut out if we could do so and not adding any new programs The only change has been one that was caused by youngsters with learning disabilities and we have to com- ply with the law We are looking at a recommendation from the Superintendent for an increase of 14 5, an increase in the profession- al staff; he pointed out the total requests in human resources amounted to 35 and worked it back to 14.5 that he considers essential , individuals located in three secondary schools and relate to pupil population Without going into specific numbers, it involves pro- viding teachers for math, english, science and music We are very much aware of what is going on, the total expense; we have been giv- ing it thought the last couple of weeks. We know what it would cost to stand still . We are looking at requests for added personnel and, at the moment, have come to no judgment on it. I would have to say all of us are apprehensive about it if it follows the pattern of the last several years. If extrapolate in gain and increase, 9,970,000 up from 8,831 ,000; this year would be 12 9%. If all other Town de- partments behaved in the same way, as they have in previous years, we are looking at $66 for the 1970 tax rate. Our concern at the moment relates largely to this matter - how many new staff people, professional and non-professional ; collective bargaining with the Teachers' Association is presently going on It is fair and proper to say it is more than a rather significant opinion between two groups The Chairman said that the main point is, you said that if every department behaved in the same way, the tax rate will go to $66 Each department predicates what it would end up It is dif- ferent this year, our charges have increased on sewers, water and will probably be increased by an average of 50% net return. State aid is going to be reduced plus no substantial tax assessments, no big building like the past year; evaluation is not going to in- crease as it has over the last four years. Our history is not go- ing to live and we thought we would make you aware of it If some approach is taken over the year, we won't have $66 00 tax rate Mr Clarke said that we have been for some weeks aware of specifics; the fact that some pretty dramatic things could happen in respect to the tax rate, and point out we are still required to buy things this year and it is not reasonable to suggest that all the things we buy have increased; we know it will take a signifi- cant amount of money just to stand still and point out again no program change to take place and only new people recommended by the Superintendent Our people are essential to the program, to meet the quality standard we have The Chairman said that we are asking you to look at this area. Mr. Clarke said that this is something we will be talking about again this evening Mr. Farwell asked if the Board was in a position to be more specific about these items and their effect on the tax rate? 4 944 ✓ The Chairman said that they would not get to actual dollars until we get the Cherry Sheet; last year we knew what our water bill was but they have asked for a one-third increase and the water bill will be one- third higher We won't get actual dollars and cents We are all faced with the same problem, we have no control over these facts; they are right off the top of the Cherry Sheet We would just hope you would take the same approach as the Board The Lexington Academy was discussed. The Chairman said that we can't get last refusal . They are nego- tiating with two people and we will not get another crack at it until we make an offer. We could make an offer, subject to recommendation to Town Grey Meeting; we could recommend this number to Town Meeting but couldn't make Nuns one final offer Mr. Clarke asked what is necessary relative to procedure with re- spect to making an offer of $750,000? What else do we have to do? The Chairman said that it is the feeling of the Board that we shouldn't take a position of an offer unless the same committees met and agreed It was agreed to meet on next Monday with the committees involved. The School Committee retired from the meeting Mr. Burke informed the Board that the contractors are disturbed about the plow rate of $ 16 and $ 1 , established by the Board. They have requested $ 17 and $3 to furnish their own plow; they say it costs $900 for a plow. They feel they should get $3 as they wear out the cutting edges; it is my estimate they wear out three cutting edges a season. They were uniform in their decision to us that with the new rate estab- Snow lished by the Board of $ 1, they would use town-owned plows; we do not Plow have adequate plows Rates The Chairman found it difficult to believe that they are wearing out the cutting edges and he felt that the plow rate is too high; he also didn't think we are paying $900 for a good road plow. Mr Bailey said that last year, we were paying $ 13 00 per hour with $2 for the plow and overtime of $2 per hour for 4 30 P.M. to 8 00 A.M After discussion, it was agreed to pay $16 for the trucks and $2 per hour for the plow. Mr. Burke informed the Board that he is requesting a transfer of $6,000 for the purchase of fill for cover, paving, supplies and equip- ment rental charge purposes The cover material cost has increased 206 per cubic yard, or $3,000 to date, which was unforeseen; paving Trans- costs increased due to the 1969 asphalt strike. Due to the sizable fer fires and more refuse to be disposed of than was anticipated, more fill for cover and grading was required Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approve a transfer from the Reserve Fund to Sanitation Landfill Account 715850, in the amount of $6,000. 1495 The Recreation Committee, Mr. Cortell and Mr Kula met with the Board. The Chairman said that we have asked you to meet with us before we start considering budgets We are not happy with what is going on regarding the old res Mr Bond has told us that Mr. Cortell and Mr. Kula had met and weren't sure that the system was going to work We are reluctant to ask Town Meeting for any more money until there is clarification Mr Frey said that the equipment is now being assembled and is being shipped. This is the answer we have been getting every time and, to this day, they don't have all the parts. We don't want to spend $40,000 for a monument Mr Bond didn't think anyone knows whether it will work The Committee has talked about this and we are trying to get an answer We feel if we could evaluate the swimming possibilities' by keeping down the major costs, like the building, this area would be a satis- factory swimming area. The Chairman said that you are still talking $20,000 or $25,000. Mr. Bond said that we are never going to find out the question of whether we invest $25,000 to see whether it is usable or not The Chairman said that we understand that as far as you or Mr. Cortell , you don't know if this equipment will work for a swimming area Mr. Cortell said that we don't know if the equipment is neces}- Old "Res" sary or whether there is a pollution problem We said to the Board that we don't know whether the equipment will do the job it was in- tended to do and whether it was necessary; we would like to have on-site tests The Chairman said that, in other words, you think there is a possibility of it being a swimming area with no equipment. We sug- gested the equipment as a back-up to aerate to keep the bacteria down, rather than have to shut ft down if the count was too high. Other places chlorinate off the back of the boat but we thought we would not recommend the area without this kind of gas equipment. The Chairman said that we are in the middle, we know nothing about this and have to rely on you for direction and to be able to get up at Town Meeting . In talking with Mr. Bond, he led me to be- lieve that you and Mr. Kula weren't sure that this equipment would work; we can't see why you are not more positive. If there is a possibility of it working without this equipment and this is a back- up, why are you reluctant to tell us? Mr Cortell said that he had the opinion the equipment would work, this particular piece of equipment we have asked them to pro- vide us with is not the specific equipment we have used elsewhere; everything appears to indicate that it will . The fact is, it is not the same and while it looks the same, it may not function the same; we also have the same back-up of opinion from the Department of Public Health . The Chairman said that the Board was convinced that the pro- ject was going forward, based on what you told us, and to ask for ((1 V -TOO additional monies to complete the project, then, when Mr. Bond came to us, we were reluctant to spend the money. We are faced with a tremen- dous tax rate and to spend $40,000 this year it is 206 on the tax dollar, and not know whether it is going to work. Mr. Cortell said that his comments to the Board, his answer to specific questions, was, that he didn't know whether or not we would have the same response as we have seen elsewhere, nor the conditions we think will occur We are not recommending any blind ally approach; he would not be here if there were noq uestions; there is no such thing as a guarantee. Mr. Kenney said that you are saying in your best professional judgment to go ahead Mr Cortell said, yes; I am not entirely confident in the equip- ment The Chairman said that this is our concern, not to have it work Mr. Cortell said that if you knew nothing about equipment and looked at all the specifications, in terms of oxygenation, if raw sewage is shown, it will knock it down one thousand fold; we are not putting it into the lagoon, we are putting it into a clean bathing area and we don't have that kind of count. Even under severe condi- tions of about a thousand, all evidence indicates we are within a safety region to function; if not, we have a chlorination system but would not want to put in chlorine as it may be deleterious to the fish I do not know the piece of equipment but do know the company will take it back. The Chairman said that we are talking $20,000 to pipe, wire, etc ; this is where the Board is finding it difficult to look at a and spend this kind of money We are at this point, based on what you told us, to go along to ask for money and we are looking for direction. Mr. Bond didn't think the Recreation Committee is in favor of putting up any permanent buildings, we feel we should make an effort to get a temporary or portable one with toilet facilities. Mr. Greeley asked what would be the number of users, assum- ing it would work Mr. Bond replied, 300 Mr. Greeley asked if the Recreation Committee knew how it would try and cope with this number Mr. Bond said that we were going to charge a user' s fee which would enable us to keep a count, even without a building, we think the area is attractive Mr. Mabee asked if he would go a step further and not build a building and not put in aeration? Mr. Bond replied, no; we have talked about this since 1961 or 1962 and have invested several thousands in sand The Chairman said, $6,000; with wiring, over $ 10,000 Mr. Bond said that he would spend the $ 10,000 The Chairman said that we have to get that water main in there and it is $2800 for that Mr. Cortell said he thought that at the worst the expenditure of equipment is recoverable, there is a demand and the need for this 500 equipment and we don't think we would be hung up on the equipment would say I would be willing to recommend that we go ahead without any equipment at all . The Chairman said that we took your recommendations on this whole project. Mr Cortell said that we weren't at the time trying to do it without money but doing it in a style more indicative of Lexington. The Chairman said that you are saying the amount of money would be recoverable? Mr. Cortell said that we wouldn't be hung up on the equipment, we could find a buyer for it as my company has three projects right now The Chairman said that they haven't delivered any equipment Mr. Kenney said that if you are not going to build the building you could proceed with the project as you outlined, without addition- al money Could it be budgeted along these lines? Do you have enough money? Mr Bond said that we are not involved in it at all The Chairman asked what the State Department requirements are to open it, regarding public facilities? Mr. Gray said that we would have to ask what they mean by proper facilities. We still have installations of power to go in The Chairman said to control the numbers, we would have to fence it and I think we have enough money to do it He asked if there were any questions. Mr. Kenney said that the recommendation is to proceed except for the building. Mr Cortell said that it has already been proposed to them and they haven't given me a yes or no; I am willing to review our proposal We have enough time to discuss it with them before spending any more money I believe they will give us approval . I would like to point out that the City of Waltham had "Johnny-on-the- spot" facilities and when he had talked with the Recreation Director, he wasn't enthusiadtic about the use of a chemical toilet as he felt it was an open prey to meddlesome kids; apparently, they are an at- tractive nuisance However, they did serve the function and it did allow them to open their new beach, and we should seriously consider to do this. The Chairman said that it is agreed we will ask for no further money for this project. Mr Kula asked for a breakdown of what is left Mr. Gray said that funds exclusive of the building or fencing and including lifeguards are $24,000 Mr. Bond asked if there was a possibility of using the toilet facilities at the school . The Chairman asked if the State will accept this? Mr. Greeley countered with, will the school accept this? The Chairman said that it is agreed there will be no money for the res and get in touch with the Department of Public Health to try it next summer on a temporary basis. Mr. Bond asked how much money for a temporary fence? Mr Gray said that we haven't spent money for electrical equip- ment The Chairman said that we have ordered the equipment and it will be another $7,000 Mr. Gray said that we have sufficient funds. Mr. Greeley said that if it is agreed we don't put it in the budget, it means we aren't putting an Article in; what happens if we talk to the State and the State says they won't approve without a building? The Chairman said that it was a good question, I don't think anybody is of a mind to ask for $20,000 more. Mr. Greeley didn't want the Recreation Committee to come back in January and say they have talked with the State and need more money Mr. Bond asked why not put in an Article and if we don't need it, withdraw it. The Chairman recommended that they talk with the State Depart- ment of Public Health and come back in two weeks. It was agreed that the State DPH could not reply in two weeks Mr. Greeley said that we will leave it that we won't put in an Article unless we hear from Mr Bond. Mr. Bond said that we don't want to spend our money on this; we don't want it to come out of our budget Mr. Gray said that it did not have to come out of their budget. The Recreation Committee, Mr Corte! ! and Mr Kula retired from the meeting Mr. Gray said that several weeks ago, there was a question on the sale of tax title lots on Grandview Avenue He had talked with Mr Cronin of the Assessors' Office and Mr. Cronin had found an old Tax map of the area There seems to be some sort of easement on lots Title 94 and 95 and as there is some doubt of the legality, it will have to be checked out. It was agreed that Mr. Gray is to talk with the Planning Board Mr. Gray informed the Board that he had received a call from Mr Michelson requesting permission to put decorative trees on the traffic signal as seven trees have been taken out of that side of Lexington the street It might be possible to put some temporary pipes in Center the area but Mr Gray would not recommend anything be put on the traffic signals. It was agreed that Mr Gray is to talk with Mr Michelson to work out some solution to decorating that side of the street. The Chairman informed the Board that the Telephone Company' s request to install underground conduit on Bedfrod Street and Worthen Pole Road was tabled on September 15 because the proposed location was Location not acceptable to the Town Engineer. The Telephone Company has sub- ' mitted a new plan which is approved by the Town Engineer. it 502 Upon motion duly made and seconded, it was voted to approve the petition of the Telephone Company for the following location Bedford Street Westerly side, southerly from M.H 54/ 152, approximately 70' of underground conduit Worthen Road Northerly side westerly from Bedford Street, approximately 570' of underground conduit; also one ( I) M.H 345/6 Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held on November 17, 1969 The Chairman read a letter from the Chamber of Commerce invit- ing the Selectmen to the Christmas Lighting Ceremonies on Friday evening, November 28, 1969 at Emery Park. Upon motion duly made and seconded, it was voted to approve the following applications for liquor licenses Liquor Package Goods Vinebrook Corp. Renewal Licenses Club Sons of Italy Renewal The Chairman read a letter from the Sons of Italy, requesting permission to sell alcoholic beverages for special functions on Sons of Sundays from 100 to 8 00 P.M and also, to remain open on New ygar' s Italy Eve until 2 00 A.M. Upon motion duly made and seconded, it was voted to grant per- mission to the Sons of Italy to sell alcoholic beverages on Sundays from 100 P.M to 8 00 P.M , subject to the stipulation that if found to be in violation at any time, the license for Sunday will suspended Upon motion duly made and seconded, it was voted to grant per- mission to the Sons of Italy to remain open until 2 00 A.M on New Year's Eve. The Chairman read a letter from the Chamber of Commerce about the use of the conference room at the Visitors' Center, as Town Com- Visitors' mittees have, occasionally, used the room and the Chamber requests Center that the ground floor door be locked during the meeting It was agreed that Mr Gray is to talk with Mr. York and check out the problem The Chairman informed the Board that a request for a transfer of $500 has been received from the Library Trustees to replace a Transfer major coil in the hot air heater. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer of $500 from the Reserve Fund to the Library Expense Account. t 9�Je f, ✓/ Upon motion duly made and seconded, it was voted that the date of Warrant the closing of the Warrant is to be December 23, 1969 at 4 30 P.M Closing Upon motion duly made and seconded, it was voted to sign the Common Victualler' s license to be issued to the following Friendly Ice Cream Corporation 60 Bedford Street Friendly Arno Associates, Inc 321 Woburn Street Ice Cream License The Chairman left the meeting. Mr. Legro gave a letter to the Board which answered questions raised by Mr Greeley regarding the use of Town owned tax title lots for low or moderate income housing. The questions raised by Mr Greeley were (a) May the Town, acting either through Town Meeting vote or through action by the Board of Selectmen, convey tax title land to the Lexington Housing Authority, for purposes of low-cost housing, at a nominal price, or at a price which is believed to be less than what competitive bidding would bring? (b) May the Board of Selectmen, or the Town Meeting, convey tax title land to a limited dividend or non-profit corporation, for use for housing under one of the Federal or State subsidized programs, at a price believed to be less than would be offered under competitive Tax Title bidding? (c) May the Board of Selectmen, or the Town Meeting, offer tax title lots to the highest bidder, but subject to the condition that it be used only for single-family homes which conform in all respects to current zoning, or for subsidized group housing, if such is otherwise permitted? Mr. Legro' s answers are ( I ) A town has statutory authority to do several things to aid and cooperate in the planning, construction or operation of a project of its local Housing Authority, including the authority with or with- out consideration, to sell , convey or lease any of its interest in any property or grant easements, licenses or any rights or privileges therein to the Housing Authority. The statute says the town "or the appropriate board or officer thereof" may so act, but I think that a Town Meeting vote would be required to authorize conveyance of tax title lots without consideration or at a price substantially less than market value The standing authority under the 1953 Town Meet- ing vote, in his opinion, does not include conveyance without con- sideration or for nominal consideration, even though it is probably broad enough to include conveyance at something less than market value where there are other considerations in the best interest of the Town. (2) I know of no authority whereby the Town could convey to any entity at substantially less than market value, other than to its Housing Authority in the manner referred to above. I think the previous answer suggests that if the monetary consideration is in- tentionally less than market value, there should be other tangible advantages to the Town warranting the reduction in monetary consid- eration. (3) I think that the Selectmen, of their own volition or pur- suant to the direction of a Town Meeting vote, can impose the sug- gested conditions, but it has not been the practice of the Selectmen to offer tax title lots to the highest bidder, a practice which in many cases would not result in a sale that was in the best interest of the Town. Mr. Greeley asked if it would be called a different kind of restriction when it says it can only be added to another lot. Mr. Legro said that the Selectmen can impose the restrictions. Mr. Greeley asked if the Selectmen could take the tax title lots we talked about tonight on Grandview Avenue and convey them to the Housing Authority or anybody else who wanted to give an offer for low income housing? Mr. Legro replied that if bought on that basis, they could, pursuant to the direction of a Town Meeting vote. Mr. Greeley said that in other words, the Selectmen have priority of authority to exercise their judgment by way of imposing a restriction. Mr. Mabee said that we shguld convey on a fair market basis. Mr. Legro said that to convey for less than market value be- cause you thought it was in the best interests of the Town - I don't think it is designed for a purpose other than public purpose. Town Meeting actually decides whether a particular conveyance is going to be made for less than market value. On the question of whether the Board or Town Meeting could offer tax title lots to the highest bidder, I said that the Select- men could, or their own volition or pursuant to the direction of a Town Meeting vote, impose the suggested conditions, and I added that it has not been the practice of the Selectmen to offer tax title lots to the highest bidder. You have other factors to con- sider; one of them is combining with other lots Mr. Greeley said that he should not have used "the highest bidder." The Chairman came into the meeting. The application of Kingston Homes to alter inland wetlands lo- cated off Ingleside Road and Maple Street was discussed Mr McSweeney said that the Planning Board knew nothing about Kingston Homes talking with the Conservation Commission. Mr. Kingston Spagnuolo told me that he was going to deed this property to Conser- Homes vation but, in talking with Conservation, they knew nothing about this. The Chairman said that he had asked Mr. Gray and Mr. McSweeney to talk with the Conservation Commission about the land. The Chairman read letters from the Planning Board and the Con- servation Commission. The Planning Board said that the pond appears to be supported largely through surface water runoff, has no outlet and the topography is such that no outlet is possible without ease- ments and major drainage work over the land of others. The Planning Board recommends that this pond be filled in accordance with the terms of the original subdivision approval _)U The letter from the Conservation Commission supports Mr. Spagnuolo and has been trying to assist him in his efforts since early 1969. The Commission recommends that certain restrictions be imposed, such as clean fill , proper grading and engineering, so that the resulting water area will not be a liability to the Town or the residents of this area Mr. Gray said that he had talked with Mr. Heustis and, in 1966, the plan showed a low swamp area which was going to be deeded to the Town. Apparently, there are quite a few different stories. Our recom- mendation is to write to the Department of Natural Resources and recommend that the request be denied until Mr Spagnuolo furnishes the involved Town Boards with additional information as to exactly what is planned in the area so that this information may be evaluated properly. It was agreed that this recommendation be written to the Depart- ment of Natural Resources. Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public Executive security, the financial interests of the Town or the reputation of a Session person. After discussion of matters of the Town regarding litigation, finances and personalities, it was voted to resume the open meeting. Mr. Mabee discussed the recommendation of the Drug Advisory Com- ' mittee to accept the resignation of Robert Paradise, Drug Counselor, Resignation for personal reasons Upon motion duly made and seconded, it was voted to accept the resignation, for personal reasons, of Robert Paradise, Drug Counselor, as recommended by the Drug Advisory Board. Upon motion duly made and seconded, it was voted to adjourn at 10.50 P.M A true record, Attest Executive Clerk, Selectmen