Loading...
HomeMy WebLinkAbout1969-02-10-BOS-min 1. 82 SELECTMEN'S MEETING February 10, 1969 A regular meeting of the Board of Selectmen was held in the Selectman's Room, Town Office Building, on Monday evening, February 10, 1969 at 7 :30 P.M. Chairman Cataldo, Messrs. Cole and Mabee were present. Mr. Burke, Superin- tendent of Public Works, and Mrs. McCurdy were also present. Mr. Harold Stevens, representing the Lexington Liquor Mart, was present at the meeting and requested the Board to sign an application for a change of location of the Lexington Liquor Mart from 1811.0 Massachusetts Avenue to 58 Bedford Street. The store is to be constructed as an addition to the First National Stores, Inc., building and will consist of a single story, with a salesroom in the Lex. front and a storage room in the rear; and with a rear exit. Liquor The notice has been advertised in the Minute-man on Jan- Mart uary 30, 1969 and plans have been submitted with the appli- cation. No one appeared in favor or opposition. Upon motion duly made and seconded, it was voted to approve the change of location for the Lexington Liquor Mart to 58 Bedford Street and forward the application for approval of the Alcoholic Beverages Commission. 11 The Chairman said that Lyle C. Shufelt, 192 Burl- ington Street, has requested payment of $200, which was awarded in an Order of Taking dated December 5, 1966 for a sewer easement in his property for the Burlington Shufelt Street Trunk Sewer. A letter has been received from Award Town Counsel stating that the statute of limitations has run against any action that Mr. Shufelt might bring to rewover damages but, in similar situations where an award has been made, the Selectmen have approved payment of the amount of the award in consideration of a con- firmatory deed and release of damages, provided an adequate balance remained in the appropriation. Tarin Counsel further states that he would prepare the con- firmatory deed and release of damages for execution by Mr. and Mrs. Shufelt and by the mortgagee bank. Upon motion duly made and seconded, it was voted to approve payment to Mr. and Mrs. Shufelt of $200, which was awarded in an Order of Taking dated December 5, 1966 for a sewer easement in his property for the Burlington Street Trunk Sewer, subject to a release of damages from Mr. Shufelt. _ 3 The Chairman informed the Board that the Warrant is drawn with a total of 112 Articles. He requested the Board to sign the Warrant. Warrant Upon motion duly made and seconded, it was voted to sign the Warrant for the Annual Town Meeting of 1969. The Chairman said that one Article that was not inserted was the Article to change the term of Town Counsel. After Mr. Legro did some research, taking Article into consideration the Town Manager Act, the approach could be to amend the By-Law or Town Manager Act through legislation or go to referendum. He didn't know how to draft it. Mr. Cole said that it could be worded to take care of the contingency. The Chairman said that Mr. Legro could do that, but felt the Article would be broad and not really to the point on how it should be drawn and he felt that it should be left out. Mr. Mabee said he has drawn one that is broad and he wants us to forget it. The Chairman said that Mr. Legro feels much safer not inserting the Article. Upon motion duly made and seconded, it was voted to withdraw the Article to change the term of Town Counsel. Mr. Burke informed the Board that a critical situa- tion exists at the main pumping station; the high water level goes off at 72" and we have been running about 115"; there are three pumps running and we have to take care of this as fast as possible or we will be back to the situa- tion of last spring to get pumps in there to discharge this waste and possibility of pollution. He asked if it would be possible to contact Mr. Greeley and Mr. Cataldo and, on an emergency basis, go ahead with the design and get the bids in. Last summer, we spent some $2500 re- building the pumps and for other repairs and a very Pumping hazardous condition exists now. Station The Chairman said that as far as an agreement is concerned, Town Counsel has the draft of it and is wait- ing for Dick Donovan of Bedford; this is his number one priority. We should authorize Mr. Burke to proceed and ask Whitman and Howard how long it will take to design, and go on to Mr. Greeley. It is possible to go to Town Meeting under Article 2 and tell them what we are doing. Mr. Mabee asked what it meant in gallons? Mr. Burke said 2800 gallons. Bedford, according to the agreement is restricted to 800 gallons and is going close to 1,000 gallons. If there is any conflict, we will tell Bedford of our agreement and hold them to it. The Chairman said that we will make sure Mr. Greeley accepts whatever money would be expended as far as our application. 184 We should go to Town Meeting and tell them. We can do it under Article 2. Mr. Burke said that he will contact Whitman and Howard and get in touch with Mr. Greeley; it is estimated at about $25,000. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, Executive deliberating or voting on matters which, if made public, Session might adversely affect the public security, the financial interests of the Town, or the reputation of a person. After discussion concerning the finances of the Town, it was voted to resume the open meeting. Dr. Ellicott and Mr. Perlman of the Drug Abuse Com- mittee and Dr. Cosgrove, Chairman of the Board of Health Drug met with the Board. Abuse Dr. Ellicott said that the Board had asked them to Committee talk with various people and they had talked with Miss Morrison of the Visiting Nurse Association and there is a room they could use. Mystic Valley Mental Health and Lexington Counseling are not opposed, as long as it does not interfere with personnel; no objection to 38 Woburn Street being used as the address. He had talked to Ralph Stevens, Rod Baltz and Chief Corr. The Chairman said that before we go into anything, we have one great problem of legally appropriating any money for the Drug Abuse Committee. It is the opinion of Mr. Legro and the Director of Accounts that we have no direct authority to do it this way. There have been some towns that have appropriated money, but under the Youth Service Division for Juvenile Delinquincy. The only interpretation is for the State agency to make a monetary grant. After listening to your approach, is it your thinking that we have a program under the head- ing of juvenile delinquincy? Dr. Ellicott said that we have no program now in this Town for juvenile delinquincy. The Chairman said that it was under the Police Chief; they are charged with that responsibility. Dr. Ellicott said that it might be difficult under a law enforcement agency; kids wouldn't go to them and say they are in trouble. The Chairman agreed and asked if they had gone into it deeply enough that they want to proceed for this year's Town Meeting? Mr. Mabee said that these people are coming here to look for guidance from the Board of Selectmen; they don't care how it is done. Last week we asked them to look at it under the Board of Health; if, as Town Counsel suggests, you look at it as a delinquincy problem, they may want to look at it as another problem. 185 Dr. Ellicott said that if anything is investigated through delinquincy, youngsters in trouble see a lot of stationery with that name on it, and they don't like it. The Chairman said that no matter where the money goes, it can be operated as the Drug Abuse Committee says. He asked if, publicly, they want it to be put to the Town this way; we have only two weeks to decide. Mr. Perlman said that he was confused as he was not familiar with the legalities. Do you think if it went in as Drug Counselor, a source of help to kids, the Town wouldn't accept that. The Chairman said that we have to go to Town Meeting. Dr. Cosgrove asked under what heading this would be put in their budget. The Chairman said that Town Counsel said that it couldn't go under the jurisdiction of the Board of Health; as a health problem, we can't appropriate the money. Mr. Cole said that there has to be a statutory pro- vision in order to appropriate money. Under juvenile delinquincy, you can, but not under drug abuse. If Mr. McKinnon says there is no provision, there isn't one. Mr. Mabee asked if Brookline had a juvenile delin- quincy program. The Chairman said that they did. He said that the Youth Service could give us a grant. Dr. Ellicott asked if the Youth Service Boards have been doing this? The Chairman said that they have been doing this, but if drug abuse is interpreted as health, no money. He asked if they wanted to proceed, putting money in the budget under this guise? Dr. Ellicott said that he will talk with Chief Corr. Mr. Perlman asked if it will be part of the budget for the Police Department. The Chairman said that it will either be the Police or the Selectmen; the only two places it can go. Dr. Cosgrove said that there was talk about the Visiting Nurse Association giving us some space; the Association does work for the Board of Health. Mr. Mabee said that if it were done, regardless of the money, they could use the room. The Chairman agreed. Mr. Mabee said that the Chairman is asking if you want to do it under this; you can run it the way you want, I don't care what you call it. Mr. Perlman said that the time between when the Article is put on the Warrant and when itcomes into being, he did not think the kids would tie this in. The Chairman said that it was not so much the kids, but the pulse of the people. He has talked with people who are looking for projects to adopt for next year but they felt that you are not far enough along for them to give this money to you. He asked if they were far enough along to give all of the answers? I 86 Mr. Perlman said that they have a person, a Social Worker, selected and she is available. The Chairman said that the Board has no objection to putting money in the budget. Mr. Mabee said that we don't want you to be mislead by the authority under which the money is coming. Dr. Ellicott said that the label doesn't bother me, it changes every year; it doesn't matter to me what, or where, it is on the budget. Some people are all against any sort of counseling and some are for it. I think we should talk to Town Counsel to understand how to present this. The Chairman said that he didn't think they should go to Town Counsel; his position is very clear - before he came up with an opinion, he asked the Director of Accounts and these are the conditions under which he will allow this bill to be paid. You have the mechanics of this and you must go to the Appropriation Committee and get a recommendation. The Chairman asked Chief Corr to give his views. Chief Corr said that his purpose here was that as a drug problem, he would say, yes. The Chairman said that Chief Corr was asked to the meeting to give his thinking on how this should operate. Chief Corr said that he understood that this is brought about by the Drug Committee. The Chairman said that he has to be involved. Chief Corr said that if the Board is putting $7100 dollars in for the Drug Committee, he didn't care. Mr. Cole said that if the money is in the Police Department, he is still going to be in a position that he has an enforcement problem. The purpose is for it to be completely divorced from the Police. Mr. Mabee said that his suggestion is that it be under the Selectmen's budget, not Chief Corr's. Mr. Cole asked if it were in the Selectmen's budget, under the term juvenile delinguincy, is the term going to be forgotten at that point? Mr. Mabee said that it would be curtailed. Mr. Cole said that Chief Corr has been operating principally to get at the fellow who supplies the drugs. Dr. Ellicott said that one of their aims is for the youngster to get enough confidence in the Social Worker and, after a few sessions, get him to say that he will let us know where it comes from. The Chairman asked what the Drug Committee's feel- ing is about policing? Dr. Ellicott said that when we were talking of it under the Board of Health, we thougl%we would use Mystic Valley and McLean Hospital. The Chairman asked about the Social Worker. I Dr. Ellicott said that she would have to report to Mystic Valley every two weeks on a regular basis and that person would be responsible. Mr. Mabee asked if Mystic Valley couldn't report to the Board of Selectmen? Dr. Ellicott said that Mystic Valley could. The Chairman asked how the Board could control it, if five or six youngsters want to see this woman, and she hasn't been seeing them? Dr. Ellicott said that Answering Service would keep track of all the calls coming in. Mr. Mabee asked about the qualifications of the Social Worker. Dr. Ellicott said that her name is Judy Goodman, 30 years old, has done post graduate work, has worked with Catholic Charities, among others, is married, and is a warm person over the phone. Two others have applied, but wanted full time jobs. The Chairman asked if they are planning on having someone in that office? Dr. Ellicott said that she would be there on Monday, Wednesday, and Friday afternoons, and there would be an answering service, which is in the Budget figure. The Chairman asked how the youngsters would know that she was there. Dr. Ellicott said that they would advertise; it could ' read, "if drug problei,call so and so." Mr. Mabee said that a lot of teachers know who they are, but don't know what to do. Dr. Ellicott said that they will try to get articles in the paper and have a box number. The Chairman said that if this goes to Town Meeting under us, we will look to your Board for help and guidance. Mr. Perlman asked if the Board would need help to get approval from the Youth Service Board? The Chairman said, no. This is only part of the interpretation for us to get money. Mr. MacKinnon said that if it is under the Youth Service Board, an appro- priation is available for local committees. Dr. Ellicott asked what happens at Town Meeting? The Chairman said that a budgetary amount will be read and we will get up and speak; we will give a position on the Town Meeting floor. He asked if the Appropriation Committee doesn't go along with this, if they still want to go to Town Meeting floor? Mr. Perlman said that he has talked to Town Meet- ing members and there is a feeling of a lot of support; it is worth a try. The Drug Abuse Committee agreed to go to the Appro- priation Committee for a meeting to dkscuss this. I ISS Mr. Bond and Mr. Gallagher of the Recreaton Committee met with the Board. Mr. Bond said that he had written a letter to the Recreation Board relative to charging a user's fee for the two new Committee facilities, if they are opened this year, the Old Res for swimming and the lighted courts at the Center. The Chairman said that we are looking for an overall approach to the concept of charging fees; the bulk of the recommendation is in two areas, the lighted courts and the reservoir; if the lighted courts don' t go through, you won't charge a fee. On the reservoir, are you closing it to other than Lexington residents? Mr. Bond said that we should make provisions for guests; first of all, we have to be told by you that you think it is a good idea and we will come back with a de- tailed plan. The Chairman said that he did not like to see it end up just charging a fee for Lexington residents. If lighted courts don't go through, charge a fee. Mr. Gallagher said that their committee is split on this. We feel that the use of the fee is good for the entire concept of Lexington and the only way for us to justify larger expenditures for facilities. The Chairman said that we are asking you to look into this in depth as an overall concept, not on two items; especially if lighted courts are defeated and you end up charging fees at the Reservoir. Mr. Mabee said that you charge fees for golf. Mr. Bond said that golf is not a good example. The Chairman said that he has no objection to charg- ing fees for any installation, but the Reservoir has been unfortunate from the beginning, and if we add to it . . . in the interest of being fair, we promised that we would look into the whole area of fees. Maybe in the final analysis, we charge for none, which wouldn't bother me. He added that the Recreation Committee will have to say who is going to collect the fees, and how; what it is going to coat to collect them. As I read this letter, you are depending on existing people to collect, people who have other responsibilities. Mr. Gallagher asked if the Board would accept the concept of users' fees, and will you support us if we say we want to install, a "pay as you go" system? The Chairman said that he did not think the Board could say whether we are going to support you or not. The Board and the Appropriation Committee try to offset expenses and we don't want to spend more money to collect the fees than we collect. You are not telling us how you are going to expedite this. Mr. Bond said that we would want your approval on a concrete plan. We are asking you how you feel about these two things. 189 The Chairman said that they should come up with a con- 11 crete plan that shows a profit; start thinking what people cost. Mr. Gallagher said that their Committee feels they should get at least the operating expenses of keeping it up; this should be covered. Mr. Mabee said that we are not trying to capture our capital expense; if we don' t get all of the operating ex- pense back, it wouldn't bother me. The Chairman asked why they want to charge for the lighted tennis courts and not all of the facilities? Mr. Gallagher said that we are trying to get you to say whether or not you agree to the users' fee. The Chairman said that we would not want you to go into a user fee program for $1,000, $2000 or $3,000 a year. Unless you come up with substantial monies for the town. . . Mr. Gallagher said that there is a difference of opinion on our Committee; some feel that there should be no users' fees, even for these facilities. The majority feel that these two areas warrant users' fees, and will introduce it to other various fields. Mr. Bond said that we are going to do a lot of policing on both of these and we might as well charge. The Chairman asked about the system for people using the facilities. Mr. Bond said that they are going to have special cards. The Chairman asked about the cost to collect these. Mr. Gallagher said that they are hoping to do it with the personnel we now have. On tennis permits, these people shouldn't be any more of a problem with membership cards; and they will be able to get access to the res for what- ever amount is stipulated. The Chairman said that the Board would like to see them go into it much deeper, and I am sure that you will get the support of the Board. Mr. Mabee said that he supported whatever concept the Committee comes up with; if you said that you don't want to charge any fees, I would support that. The Chairman said that there is no question that he would have a tendency to go that way, but we have an obligation to the Town and the Appropriation Committee to evaluate this. Mr. Mabee asked if the Little League pays? In essence, you could charge the Little Leaguers $3.00. Mr. Gallagher said that many of the towns are doing this; Mr. Bond is conducting a survey as to how many towns. The Chairman asked the Recreation Committee to come back to the Board and show justification of a good profit; if fees show only minor profit to the Town, he would rather go the easier way, no fees. 190 Mr. Gallagher said that the Committee would set up in such a manner that they would be self-supporting. The return isn't what it should be and we are going to make sure that it is. Mr. Bond said that he wished they had someone who would give them answers on what the return would be. We will start off with these two major installations. The Chairman said that the Articles have been in- serted in the Warrant; whether we support or not, it is another issue. The Recreation Committee retired. Upon motion duly made and seconded, it was voted to adjourhi at 9:55 P.M. A true record, Attest: ecutive Clerken ,,X2) I