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HomeMy WebLinkAbout1969-06-30-BOS-min 352 SELECTMEN'S MEETING June 30, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, June 30, 1969 at 7 :30 P.M. Chairman Cataldo, Messrs. Mabee, Kenney and Bailey were present. Mr. Legro, Town Counsel; Mr. Gray, Executive Assistant; Mr. Burke, Superintendent of Public Works; Mr. McSweeney, Town Engineer, and Mrs. McCurdy, Executive Clerk, were also present. Mr. Leon Burke, Director of Guides, met with the Board. He introduced David Cantor and informed the Board that David has successfully passed his examination. He requested the Board to issue a Guide 's License to Guide David Cantor. The Chairman welcomed David and said that, as a representative of Lexington, we look to him to project a good, solid image of Lexington. Upon motion duly made and seconded, it was voted to issue a license to David Cantor as Guide of Lexington. Mr. Burke requested the appointment of Joel Swets, 111 Kendall Road, as Guide of Lexington. Joel has suc- cessfully passed his examination. Upon motion duly made and seconded, it was voted to appoint Joel Swets, 111 Kendall Road, as Guide of Lexington. Orders of Mr. Legro requested the Board to sign the Orders Taking of Taking of slope easements on Bridge Street, Ewell Avenue, Grassland Street, Hillcrest Avenue and Manley Court. Upon motion duly made and seconded, it was voted to sign the Order of Taking of slope easements on Bridge Street no damages are awarded and no betterments assessed. Upon motion duly made and seconded, it was voted to sign the Order of Taking of slope easements on Ewell Avenue; no damages are awarded and no betterments as- sessed. Upon motion duly made and seconded, it was voted to sign the Order of Taking of slope easements on Grassland Street; no damages are awarded and no better- ments assessed. Upon motion duly made and seconded, it was voted to sign the Order of Taking of slope easements on Hillcrest Avenue; no damages are awarded and no better- ments assessed. r)e Upon motion duly made and seconded, it was voted to sign the Order of Taking of slope easements on Manley Court; no damages are awarded andno betterments assessed. Mr. Legro requested the Board to sign the Order of Taking Of sewer and drain easements on Lowell Street to the R dge Estates subdivision; damages to be awarded as Lowell St. voted by the Board on April 28, 1969. Ridge Upon motion duly made and seconded, it was voted Estates to sign the Order of Taking of sewer and drain ease- Sewer and menta on Lowell St. to the Ridge Estates subdivision; Drain damages to be awarded as voted by the Board on April 28, 1969. Mr. Legro requested the Board to sign the Order of Taking of sewer easements on Cedar Street to Hill Street; damages to be awarded as voted by the Board on Cedar St. May 19, 1969. Sewer Upon motion duly made and seconded, it was voted Easement to sign the Order of Taking of sewer easements on. Cedar Street to Hill Street; damages to be awarded as voted by the Board on May 19, 1969. The Chairman asked Mr. Legro about the Order of Taking for drain and sewer easements on Laconia Street, Sewer and Upon motion duly made and seconded, it was voted Dain to sign the Order of Taking of drain and sewer ease- ments from Laconia Street to the sewer and drain ease- Ridge menta running to the Ridge Estates subdivision. Estate It was agreed that a meeting will be held with Mr. Legro on Wednesday at 8:30. A.M. to go over the Bedford agreements for the contract for payments by Bedford Sewer to Lexington on the Bedford Sewer. Mr. Gray informed the Board that he had met with the Board of Health Director, Planning Board Director Workable and the Building Inspector. A report will be submitted program at the next Selectmen's meeting on code enforcements Betterments for the Workable Program. Mr. Gray said that a report on the betterments will also be submitted at the next meeting. Mr. Gray informed the Board that a report has been prepared on the status of the various Articles under the Selectmen passed by Town Meeting. Articles The Chairman requested that copies be forwarded to the Appropriation Committee, TMMA, and made avail- able to the press. I 354 Mr. Gray said that several weeks ago, we discussed the Camp, Dresser and McKee survey at the sanitary land fill. It is quite complicated and I discussed it with Camp, Dresser and McKee; it is estimated to be approxi- mately $700 or $800 for the survey. They took a traf- fic count and there were 1247 vehicles on Saturday and 2000 on Sunday. The Chairman asked if he had talked to Camp, Dresser and McKee on what can be done in place of this? Mr. Gray said that they said to do the best we can. Smaller towns have refuse collection; we are the Camp, only one with a land fill type. They are looking. for Dresser a sample or a type. They wanted this survey for a Survey seven day period but we would have to have three men there. The Chairman asked why we can't have them take a sampling? Mr. Gray said that we can get a fairly good esti- mate. Mr. Bailey suggested that the ears be counted and assume each car would have the same content. Mr. Gray said that it is impossible to do what they want ; he will talk with Mr. Burks. The Chairman read a letter from the ABC regarding the liquor regulations on July 4, 1969. ABC Upon motion duly made and seconded, it was voted to abide by the rules of the ABC that package stores are to open at 1 :00 P.M. on Independence Day, July 4, 1969; Motels and Clubs may serve liquor during the regular specified hours. Upon motion duly made and seconded, it was voted to sign the Certificate of Incorporation for the following, a satisfactory character report having been received from the Chief of Police : Certificate Hershel Jick, Dennis Slone and Norman P. Cohan of Incorp. "New England Institute of Clinical Pharmacology, Inc. " Jane Bacon, 65 Spring Street "Eliot-Pearson Alumnae Association, Inc. " Rev. Duane Berry, 8 Bellflower Street "The Christian Youth Center, Inc. " The Chairman road a letter from James A. Pallis, Tax Title 19 Hayward Avenue, requesting the purchase of tax title Pallis lots 124 and 125 Hayward Avenue. The recommendation of "� rY e air) the Planning Board is they would have no objection to the sale of these lots to an adjacent owner as an addition to his land, but not as a separate building lot. Also, that this restriction should be clearly stated in the conveyance instrument. It was agreed to notify Mr. Pallia that lots 14 and 125 may be sold to one of the abutters. A notice will be inserted in the Minute Man to this effect. The Chairman read a letter from Mr. Meaney, 49 Ward Street, requesting the purchase of tax title lots Tax Title 23 to 25 Earl Street. The recommendation of the Plan- Meaney ning Board is that the land not be sold until a study Earl Sty of sites of potential houses for low or moderate in- come families is completed. If lots 23 to 25 will not be required, the Planning Board suggested that Mr. Meaney be advised to approach the Town in six to eight months, when the study is scheduled to be concluded. Upon motion duly made and seconded, it was voted to inform Mr. Meaney that tax title lots 23 to 25 Earl Street are not for sale. Mr. Yewell, Treasurer, met with the Board. The Chairman said that the Treasurer is request- ing to borrow another $1,000,000. Bids have been re- ceived from New England National Bank on $500,000, 6.15 discounted; on the second $500,000, 6.23 discounted; State Street Bank and Trust Company, Treasurer $250,000, 6.19 discounted. Upon motion dulymade and seconded, it was voted to award the bids on 1,000,000, in anticipation of taxes, to the following; New England Merchants National Bank, on $500,000, 6.15 discounted and on $250,000, 6.2 discounted; State Street Bank and Trust Company, on $250 ,000, 6.19 discounted. The Chairman read a letter from the Day Circle of the Pilgrim Congregational Church requesting permis- sion to ,hold a sale of children's books, records, etc. on the Buckman Tavern grounds on Saturday, September 20, 1969. Permit Upon motion duly made and seconded, it was voted to grant permission to the Day Circle of the Pilgrim Congregational Church to hold a sale of children's books, records, etc. on the Buckman Tavern Grounds on Saturday, September 20, 1969, rain date of September 27, 1969, subject to the restrictions of the Chief of Police and the Superintendent of Public Works. Ths Chairman read a letter from the American Country Legion requesting permission to hold the annual Country Fair 56 Fair on Parker Field on Friday, August 29 through Mon- day, September 1, 1969. Mr. Gray is to check out with Chief Corr and report back to the Board. The Chairman informed the Board that a letter UN has been received from the National UN Day Chairman, Day regarding UN Day on October 24, 1969. It was agreed to refer the letter to the Town Celebrations Committee. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meeting held on June 23, 1969. Order of Upon motion duly made and seconded, it was voted Construe- to sign the Order for Construction of Sewer on Pine tion Knoll Road and Thoreau Road. Sewer Order Upon motion duly made and seconded, it was voted of Taking to sign the Order of Sewer Taking on Woodland Road. Upon motion duly made and seconded, it was voted Sidewalk to sign the sidewalk assessments for Coolidge Avenue, Assess. Adams Street, Philip Road, Reed Street, Massachusetts Avenue, Tufts Road, Eldred Street and Middle Street. Upon motion duly made and aeconded, it was voted Taxi and to sign four taxi licenses, Nos. 2268, 2269, 2270 and Livery 2271; four livery licenses, Nos. P19-706, L24-511, Licenses P67-626 and U57-950 for Minute Man Cab Company. Three taxi licenses, Nos. 1208, 4209 and 4210; five livery licenses, Nos. L35-057, L35-058, L35-059, L35-060 and L35-061 for the Lexington Cab Company. Mr. Mueller of 10 Burroughs Road met with the Board. He told the Board that he has a corner lot and the sewer has been put in; his assessment is $1266. Mueller This sewer services a single dwelling home and he felt Sewer that his property tax is a little higher than the aver- Assess. age because of the corner lot, but the services of the sewer is exactly the same as every other family. He explained that the sewer ends and comes in front of Mr. Cuaolito 'a home and there are 250 feet of frontage that hasn't been touched. The Chairman asked what he felt would be a fair assessment? Mr. Mueller replied that it is $1103 across the street. I haven't made an analysis of the property, but I feel that we are using the service no more than the other families and the charges should be based on some formula which would take into account the other facilities; if I had a double family home, I could see the reason for graduated charges. Mr. Kenney said that the formula is set up on the basis of the foundation. Mr. Mueller said that the point of his being here is not to question the numbers, to question the equality of the charge of the facility that isn't being used any more than by any other home. Mr. Legro said that the cost is based on the length of the sewer pipe installed; this formula is in- tended to -give as equitable treatment as possible. Mr. Mueller said• that Mr. Cusilito's take-off is before my property line; originally, this line was to come. over, but in actuality, didn't. They put my line over and I am going to have a very long line to my con- nection, which is out the back. Mr. Gray showed a map of the area and said that they are all serviced but there is a gap as only the amount of sewer was pat in that was necessary. The Chairman informed Mr. Mueller that the Board would take his request under advisement. Later on in the meeting, the Board discussed Mr. Mueller's assessment. The Chairman asked how many in the area were as- sessed around $1100? Mr. McSweeney said that there were about twenty- five families around $812; six from $839 to $1267, which is Mr. Mueller's area, the other nineteen are from $702 to 768. The average is $1055. Mr. Legro said that Mr. Morgenstern has a peti- tion in Superior Court for exactly the same problem. The Chairman asked what the Superior Court could do? Mr. Legro said that they can abate the betterment; the statute 'says they can - a statutory appeal - process to make the appeal like Mr. Mueller did tonight and the next step is Superior Court. Mr. Gray said that the betterment has been as- sessed on the formula determined. Mr. Legro said that you may not always put the sewer pipe in the whole way and I don't think you are going to change the formula because you didn't run the pipe all the way. Upon motion duly made and seconded, it was voted to deny the petition of Don R. Mueller, 10 Burroughs Road, for an abatement of his sewer assessment. The Board discussed the charge to be given to the Personnel Committee. The Chairman said that the charge would be for this coming budget season. Mr. Bailey said that the one thing we don't have is staffing levels. The Chairman said that the Town Manager should say the staffing levels; last year, we allowed one ad- Personnel ditional staff. As I see it, this charge here is a work Board load heavy enough for them, rather than charge them with something beyond. Mr. Kenney said that police and fire parity is mentioned; that is a large question in itself. The Chairman said that last year we said this is the year we were going to do it. Mr. Bailey said that he would rather have a recom- mendation on staffing levels than parity. The Chairman said that the only reason we put on parity is that they said it on Town Meeting floor; TMMA wanted it last year and the Salary Review Board wanted it - I would hate to have to go in without a study being made and I think somebody has to look at it before the next Town Meeting. Mr. Bailey said that he doea't think of it as a separate item; he felt that staffing levels should be put in. The Chairman said that we have to start some place. Mr. Mabee felt that the Town Manager shoudd be included on the staffing level; the staffing level problem is one the Manager ought to be in on in the beginning. The Chairman said, that is where your money is. He should know where it goes. I want to put it in here because they would not want to let go of it. Mr. Kenney asked if the Chairman was going to ask them to try to come back with police and fire be- fore October 1st? The Chairman said, if this is what the Board feels should be done. Mr. Worrell met with the Board. He said that he wanted to notify the Board that the Planning Board Town has sent out invitations to various people to submit Traffic proposals by making a traffic study. He presented a Study copy or the letter to the Board. He said that the Consultants may recommend one way of conducting the traffic study; in effect, putting a cordon across the Town, from North to South, Massaehusetts Avenue, Lowell, etc., plus stations where we would want to stop359 a sampling of cars and ask thedrivers questions. P �6 �I,L m� This would require help from the police as it would be during peak hours in the morning and evening; the prob- lem is, asking the police. The Chairman said that the problem is money, do you have any? Mr. Worrell said that they have $5,000 but it would go to the Consultant. The Chairman said that the hours of 7 :00 A.M. to 9 :00 A.M. are the busiest of the Police Department. We have six men, but if we had to take off three or four . . . it would have to be a special detail. We want to co-operate with you but would you need four men? Mr. Worrell said that we would need one Police- man at each station; one proposal says five stations, and for one morning and one evening. The Chairman asked Mr. Gray to check with Chief Corr to see if there was any money in the overtime budget. Mr. Worrell thanked the Board and retired from the meeting. The, Chairman said that it is the feeling of the Board to begin advertising for the position of Town Manager; the applications will be received in this office and processed by the Board. For the time being, I think we have some money in the Selectmen's Expenses Town to advertise. Manager Mr. Kenney said that he preferred to get an ad- vertising budget and to ask for one. The Chairman said that we couldn't get an esti- mate of what these would cost; when we get the breakdown, we will ask the- Appropriation Committee for a budget. Upon motion duly made and seconded, it was voted to instruCt the Chairman to place the necessary ads to advertise for the position of Town Manager. The School Committee Mr. Gary, Mr. Taylor, Mr. Grush and Mr. Fetter met with the Board. Tile Chairman addressed Mr. Clarke and said that the Board would like to hear the School Committees Jr. High thinking on the Junior High School. As we all know, the Junior High was defeated and this Board is willing to do everything, to expedite what the School Committee is thinking, to a point; we could talk of a Special Town Meeting for preliminary plans. Mr. Clarke said that it is a little difficult to begin and the reason is, the project which was supported overwhelmingly for over two years seems to have run out i �;6 6 oPas g I don't know whether the vote of the community says the school isn't needed or what it says; reasons which I, personally, cannot understand. He supposed the appropriate thing to do is look elsewhere on the suggestion of the proper way to go. The Chairman said that there is no question in his mind but that a third Junior High is needed; where the School Committee wants to go from here. . . Mr. Clarke said, I am serious, I am saying I am not aware that you supported this last movement; it might be helpful to get some feeling from you or others as to what should be done. The Chairman said that it is no secret that I haven't supported the school - I haven't for a year and a half; I would be happy to give you my reason. I feel that a third Junior High is needed; I felt it was more than adequate to do the job. Taking into consideration the financial future of Lexington, we couldn't afford this building, which is why I didn't support it f©r. the last year and a half. All through it, I listened to the Building Committee, the Architect, the School Com- mittee and, in my lay opinion, I have not heard justi- fication of the concept of this building - I have told you this privately and publicly. My feeling is, I would be very happy to see a building design of 115,000 to 120,000 square feet, of the concept of Diamond that now exists and for the Committee to employ a new architect to do it. Mr. Clarke .asked about the site? The Chairman said, as you know, Town Meeting voted to take the Cotton site, but I don't know if you want to get into that; the site would be the least im- portant. Mr. Clarke said that we are left in this position regarding the education function of the building. Dia- mond was completed in 1959; education specifications were of 1956 or 1957, so-called pre-sputnik time; things have changed since then. If you are saying to build in 1971 to 1956 standards, in terms of function, some of us, at least, would question your point of view. In respect to site, we have no feeling - the site you describe is across the street from the point. The issue is time; I am forced to observe it is a little difficult to get this far down the path and not be offered any alternatives. The Chairman didn't agree; he said that this Board told you that the building is too big - Mr. Greeley and I said this. 1 e) 6J Mr. Clarke said that Mr. Greeley changed his mind. Without going into detail, I would have to say that the education use of the structure can be re- examined, but I would not personally subscribe to a radical change - the fundamental quality is flexi- bility, the site is indifferent as long as it is on that side of Town. If Muzzey phased out, we wouldn't want both on that side of Town. As far as size, I suppose there is a rule that says you can form any compression and live with it. Some of the most fre- quent complaints when the High School opened were of the size of the classrooms. I am reaching for some indication of some sort of• accord, collective judg- ment that the Committee would support. The Chairman said, talking about the standards of 1956, at the High School, knowing we would need more space, as you know I went through Diamond and using the School Department figures, where it should be updated today. We are not asking to go back to 1956 standards of education. Mr. Clarke said' that the structure, made larger or smaller, is not laid out for that kind of activity. The Chairman said that we understand that acti- vity cannot be carried out in that new structure; no one has come up with the justification of spending. Mr. Clarke asked how much he felt the Town could spend? The Chairman said that if the Building Committee or School Committee came up with a set of plans and specifications last March, you would have saved $800,000. Mr. Kenney asked what, essentially, is the meeting for tonight? The Chairman said that the purpose is to ask if they want a Town Meeting. The Assessors should know before setting the tax rate, and the Board could call a Special Town Meeting, if so desired. Mrw Clarke said that he agreed; it would be help- ful to have some indication of what is going on - whether the Town wants to spend anything, how much the Cotton land' is and, if for all practical purposes, is it immediately available? Mr: Kenney said that people voted against the school because of the tax rate; do you want to meet with the townspeople on how to go forward. Mr. Clarke said that, as he had said at _the out- set, it would be helpful to us to have some kind of idea of what the people will support, or whether they would support anything at all. We know we are going to have double sessions somewhere, at the Junior Hih or the High School, and it will make it extremely diffi- cult for young people who lost the school. The operating budget is going to go higher because of double session. The Chairman said that in order to get going; if you looking for some reaction from this Board, fine; as 362 far as a public reabtion, you should conduct your own meeting. Mr. Clarke said, having done that for over two years and drawing fifty people, it is difficult to know what the public Would like. The Chairman said that you were telling the peo- ple $3,1i.00,000. Last fall, it was $4.,600,000. Mr. Clarke said that they have observed no lack of candor in reporting figures at any time. The Chairman said that people were buying $3,400,000 at the time. Mr. Kenney said that people would go for $3,21.00,000 in relation to the tax rate. Mr. Clarke asked about preliminary plans; he didn't know What money they have left and it may be possible to transfer. Mr. Gary said that there is no account to appro- priate money from the Reserve Fund. There has to be an account in order to make the transfer. If someone could open up the channels on the legality of doing this, if we could avoid the expense . . . Mr. Legro said that it is a general rule of law that you do not transfer from the Reserve Fund into an account that didn't previously exist. Mr. Clarke said that we would have to ask for pre- liminary plans, between $20,000 and $25,000. If it could be transferred to E & t fine. Mr. Gary asked Mr. Legro if there would be any possible way you could transfer a previous appropriation account to draw from a previous appropriation balance? Mr. Legro said that be thought this has been talked of for a Special Town Meeting. I think Mr. Clarke has some misapprehending on money raised on the tax levy; that opportunity is given anyway. What can be done is to defer the setting of the tax rate. It must be set in order to avoid the temporary borrowing and the Chairman of the Board of Assessors Would agree on that. The Chairman asked Mr. Clarke, again, about the amount of money they were talking about? Mr. Clarke said, $20,000 or $25,000 for preliminary plans, from some account to be transferred. Mr. Fisher asked if there could be some from some other place - such as the $63,000 already bonded. Cash payments come from E & D? The Chairman said that they could probably use that $10,000 in Article Z{. of the June Meeting. Mr. Gary said that he could see no necessity for putting it on the tax rate. The Chairman asked Mr. Clarke, you don't want a Special Town Meeting? ti Mr. Clarke replied, no money, no payment. The Chairman said that if the money is available, do you want a Special Town Meeting as soon as you can set the date? Mr. Clarke said that the problem hasn't gone away; they would like a Special Town Meeting as soon as possible. The Chairman said that they would want $25,000 for preliminary plans and specifications. Mrs. Morey asked to be recognized. She said that the Cotton site was purchased for an elementary school and is not an adequate action site; Judge Cotton doesn't want to sell it anyway. The Chairman said that the site is the last thing he wants to get into. There is additional land there, we have agreed to the line. We will sit with the Appro- priation Committee and set up a Town Meeting. Mr. Clarke said that all he can do is attempt to ask Town Meeting for preliminary plans and specifica- tions to meet that need; if they agree to the need and meet it, that is as far as we can go. Mr, Spaulding of the Permanent Building Committee asked what sites would you be willing to make available? We are probably stuck with the design we have and elimi- nating the expansion part of it would cost the Town $2.5 M. If we could build a one-story building, we can save the Town money; I don't think we have any direction to develop a site and a Junior High program eliminating the expansion, and come back with final total costs not too- far removed from the construction costs. The Chairman said that as far as sites are con- cerned, We have no objection to you building on what land we have. Mr. Spaulding said that if you tell us the Cotton site, perhaps we need specific direction from you. The Chairman said that we have about forty acres available there. Mr. Clarke said that it would require twenty-five acres to put a structure on that. The Chairman said that you must make that decision on where you want the school. Stanley Phillips of Vaille Avenue said that he was impressed with Mr. Clarke's request for guidance and help in solving his dilema. Apparently, there were 4.801 citizens who were ready to help solve the problem. The majority of elected offioials of this Town and the ap- pointed Committees supported this plan and the minority of officials have not supported this. The Committees have worked long, hard years and deserve guidance from officials on definite guidelines. 364 Mr. Kenney said that he would like to point out that this Selectman is ready tp give the School Com- mittee all the possible help. We had a split Board on this. Mr. Clarke said that the School Committee will ask for a Town Meeting at the earliest practicable date and will have to give further consideration as to the site. He asked if there was any reason why action on the site can't proceed independently from Town Meeting? The Chairman said that we have an appropria- tion for the site. Mr. Legro said that financing is going to depend on that. Mr. Clarke said the setting of Town Meeting should have some reference with respect -to the site; if we go ahead, we ought to have some indication that a site will be available. Mr. Legro added, and whether the authority to as- quire it included enough land to take ogre of the area the School Committee now needs. Mr. Gary said that as far as people in the Town with average understanding, it would be difficult to justify taking additional property for a school site that the Town doesn't already own; it would have to be incor- porated in the cost of the school; people should consider that. Mr. Clarke said that the number is not presently available. The School Committee retired from the meeting. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discus- Executive sing, deliberating or voting on matters which, if made Session public, might adversely affect the public security, the financial interests of the Town, or the reputation of a person. After discussion of matters of financial interest to the Town, it was voted to resume the open meeting. A date for a Special Town Meeting on the Junior High Special School was discussed and it was agreed that the Chairman Town would write a letter to Mr. Clarke, immediately, and ask Meeting the School Committee to recommend a date; taking into consideration we need four to five weeks to prepare for a Town Meeting. Upon motion duly made and seconded, it was voted to adjourn at 10:17 P.M. A true record, Attest , /1/1x. C( f t , Executive Clerk, Selectmen