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HomeMy WebLinkAbout1968-10-14-BOS-min SELECTMEN'S MEETING October 14, 1968 I A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, October 14, 1968 at 7:30 P.M. Chairman Cole, Messrs. Cataldo, Mabee, Kenney and Greeley were present. Mr. Gray, Executive Assistant, Mr. Burke, Superintendent of Public Works, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk, were also present. Mr. Gray requested the Board to sign the Order of Tak- ing on the Emerson Road sewer easement to the North Emerson Lexington sewer; with an award of no damages. Road Upon motion duly made and seconded, it was voted to Easement adopt the Order of Taking on the Emerson Road sewer ease- ment to the North Lexington sewer, with an award of no damages. Mr. Gray informed the Board that a letter has been received from the State Water Resources Commission giving Force approval of the awarding of the bid and authorization to Main award the contract for the force main. Contracts are being prepared and will be ready for signature by the Board on next Monday. The project is to start on October 28, 1968. Mr. Gray informed the Board that he had requested Budget that copies of letters sent to the Appropriation Committee be sent to him. They will be filed until budget time. Mr. Gray said that a copy of a letter sent to the State Department of Natural Resources regarding the Hart- Hartwell well Avenue Realty Trust' s proposed plan to develop the Realty site as an Industrial Park has been received. He read a Trust letter from the Town Engineer to the Board, stating that the project had been reviewed and recommendations made regarding the sanitary sewer and land cuts. Also, the Town Engineer's letter states that the plan does not give sufficient information concerning proposed drainage in this area and provisions must be made to insure proper operation of existing drains . A copy of this letter is to be sent to the Consulting Engineers for the Hartwell Avenue Realty Trust. Mr. Gray said that Mr. Robert Wilson of Bartlett Goodwin Avenue had been in to see him regarding a problem with Property the Goodwin property.. The condition of the land has not changed since the original complaint. 23 Mr. Kenney asked if there was open excavation on the property. Mr. Gray said that it was a junk yard. There was an old refrigerator type truck there and Mr. Wilson called the Police and they made them take the door off. Mr. Cataldo said that it is an accumulation of junk over the years and it is progressively getting worse. Mr. Gray said that this is going to be a legal mat- ter; we have done everything the Selectmen should do. Mr. Cataldo said that Mr. Legro should farm it out if be is too busy. Mr. Kenney asked under what specifics of law this would come under. The Chairman said that we had a hearing and they haven't done anything. Mr. Gray was asked to discuss the situation with Mr. Legro and if he is too busy, he could assign it to Special Counsel. Mr. Gray informed the Board that the Building In- spector is at a conference at the University of Massachu- setts this week and a substitute Inspector should be Substi- appointed during his absence. tuts Bldg. Upon motion duly made and seconded, it was voted to Inspector appoint Richard Soule as Acting Building Inspector during Mr. Irwin' s absence. Mr. Burke informed the Board that he had two employ- ees in the Department of Public Works that he would like to discuss. One is in the Park and Shade Tree Division and has been trained as a tree climber. He is presently W-2-C at an hourly rate of $2.68. Mr. Burke requested that he be reclassified to tree climber, W-1+-B, at an hourly rate of $2.80, effective October l4, 1968. He has been doing a good job and has proven to be very capable. Mr. Cataldo asked if he was creating a new position. Public Mr. Burke said that he has four climbers and this Works would make the fifth; he would have one more climber and Employee one less laborer; the work on trees ices increased in volume. Mr. Cataldo said that he doesn' t know if it falls into the same category, but the Fire Department asked to do this last year and we turned them down . This is a new job; if it was just to fill a vacancy, we would have no qualms about agreeing with you. , Mr. Burke said that one climber fell and broke his ankle and won't be able to climb for some time. Mr. Cataldo said that if this position was author- ized, it would be fine but we would not want to put our- selves in the position of creating new jobs in the middle of the year. 24 Mr. Kenney asked if he intended to put in for five climbers next year? Mr. Burke said that he would. This fellow has been climbing since March and he has indicated an interest in the work. We felt that we would try him and, if he proved out, we would try to reclassify him. Mr. Cataldo said that you are going to open the whole thing up. There are fellows you are going to want to hold because they want more money. I would hate to throw it open and have to consider ORO of these a month. This is not authorized; it is not the money I object to. Mr. Greeley made a motion that, in view of the fact that a vacancy occurred unexpectedly and the man was com- petent to fill the vacancy, we authorize and upgrade him; that he was called upon to do the work and did it ably. Mr. Mabee suggested that it be done on a temporary basis, with the understanding that we agree at budget time to five climbers . Mr. Cataldo said that the situation as it exists is, that he came in not to fill a vacancy, he was interested in tree climbing. He wanted the experience to do this work and we should encourage this, but they should go in with the understanding of what our policy is. Mr. Burke said that, during the winter, a man decided that he no longer wanted to climb. He was transferred after budget time, creating a vacancy. This man stepped in; he had little training before, he was not rated as such. Mr. Greeley said that we want to encourage employees to improve themselves. If a man is working toward that ob- jective and we find that he can fill the job, it is reason- able to upgrade him at budget time; you are asking us now. The Chairman said that we can do it on a temporary basis; it hinges on approval at budget time. Mr. Mabee said that we could authorize a temporary fifth tree man, with the understanding that we request a fifth man in March. He could be temporary to April 1st. Mr. Burke should clearly indicate to the employee that it may not be permanent. Upon motion duly made and seconded, it was voted to authorize the reclassification of Paul R. VanVoorhis from W-2-C, $2.68 an hour, to W-4-B, $2.80 an hour, as a tem- porary fifth tree man until April 1, 1969, effective October 14, 1968. Mr. Cataldo was recorded in opposition. Mr. Burke said that we rehired a former employee of Public the Town in April, 1968; he was employed from 1960 to 1965. Works He was rehired as W-3-C, $2.80 an hour, with the under- Employee standing that, at the end of six months, if he proved out, 25 he would receive $2.90 an hour. We brought him back in the same capacity that he left, but not at the same rate. He can operate the trucks and can be used as Foreman of a crew; he is not licensed for the backhoe. Mr. Greeley asked if an agreement to reconsider after six months is a known practice. Mr. Burke said that it was not, only on qualified men. The Chairman asked if he was given assurance that this would be done. Mr. Burke said that he was not ; he had left, previ- ously, because of a family situation. The Chairman asked if, because we are in negotiations with the Union, it would have any bearing on these requests. Mr. Burke replied in the negative. The Chairman said that he was disturbed because, if we have a policy, either it is not stated specifically or we haven' t elaborated on it. It would appear that we ra- James H. tionalize on the cases; both cases have merit. If we have Graham had a policy and, as stated before, every time we ration- alize a change, we weaken the policy. Mr. Burke said that one of the problems in munici- palities is, many times the budget sets a specific number of people in given classifications. We can hire him to- day and, if he gets experience, he moves on somewhere else. The Chairman slid that we are not allowed latitude running our departments, as Corporations are. Mr. Mabee said that since you got the union, the ability to be flexible is going to be curtailed. My in- clination is to use flexibility now, to use it for some good. Mr. Kenney asked if Mr. Burke had told the fellow that he would attempt to do this. Mr. Gray said that we told him that we would bring it before the Board. Upon motion duly made and seconded, it was voted to upgrade James H. Graham to W-3-C, at $2.90 an hour. Mr. Wheeler, Mr. Johnson and Mr. Leary of the Shera- ton Lexington Motor Inn met with the Board. The Chairman said that we have received a letter Sheraton from you requesting the relocation of the cocktail lounge Lex. and approval to proceed with these changes . Motor Inn Mr. Wheeler showed the plan and described the changes to the Board. He said that they are relocating the lounge; it was 660 square feet and will be 740 square feet, all new construction and there would be no stools at the bar; 300 people can be taken care of on this level, and 100 people on the floor below. The Chairman asked if he could get a full meal at the lounge. Mr. Wheeler said that he could. 4) 6 Mr. Cataldo asked what the set-up was for functions. Mr. Wheeler said that it was a portable bar type of set-up. Mr. Cataldo said that you would still sell the liquor, and asked if that wasn't supposed to be on their license? And the function rooms the same. Mr. Gray said that they would be permitted to have a portable bar for that particular function; the port- able bar would have to go to the new rooms. Mr. Cataldo said that you don' t have that in the application. We would like it understood that meals could be served in the cocktail lounge area. Mr. Mabee said that the whole idea of granting li- censes in the very beginning was so that people could go and have a drink with a dinner. Mr. Wheeler said that we have done this . We find that a cocktail waitress might not want to serve you,- but we feel that if this is part of the law, we are giving to adhere to it. Mr. Cataldo asked if they were serving in the new section? Mr. Wheeler said no. Mr. Cataldo asked when they planned on opening. Mr. Wheeler said some time between the 1st and 15th of November. The Chairman said that they should be specific on the names of the function rooms. Give the information to Mr. Gray prior to next Monday evening and we will take action on it. Mr. Wheeler, Mr. Johnson and Mr. Leary retired. Mr. Lind and Mr. Peterson of the Trinity Covenant Church met with the Board to discuss the subdivision. The Chairman informed them that the Planning Board has met with us and the majority of both Boards are in favor of the extension of Worthen Road from the School to the subdivision. Mr. Greeley said that we should explain to Mr. Lind Trinity that (1) the section that completes what is now done is Covenent Worthen to Marrett Road, (2) Marrett Road to your prop- Church arty, and (3) your property to Pleasant Street. All agreed between your property and Pleasant Street. Mr. Kenney said that the cost to the Town was what we discussed, the difference between the cost of 70' instead of 50' right of way and 410 instead of 30' pave- ment. Are you looking for assurance. Mr. Lind asked who is going to build the road that connects into our part of Worthen Road where the de- velopment starts? According to the code, we dant move. The Chairman asked if the developer would build the whole road, including the part that goes through school property? 27 Mr. Lind said that this would be a hardship to them to find a developer to do this. Mr. Cataldo asked if they were going to sell, and at what point are they in finding someone? Mr. Lind said that they have a party for this seg- ment. Mr. Cataldo asked if they will build up to the school site? There are no houses on Worthen Road. Mr. Lind said that when Worthen Road was laid out, they had worked with Mr. Carroll. There is a difference between a normal road and 44 feet; it would be borne by either the Town or some other agency. The Chairman said that we have an Article that the subdivider pay for the difference. You don' t care whether it is 30' or 44' road. You are concerned that you will build only that part necessary to your subdivi- sion not on Town land. Mr. Kenney said that the Planning Board indicated that he would be willing to share the costs. Mr. Lind said no. It is recognizable that the 550' portion prevents us from starting. If we could work out a variance to go down . . . that' s an avenue we wouldn't know how to approach. The Chairman said that it is up to the Planning Board, with the understanding that, in the future, Town Meeting would be approached for building on the subdivi- sion. Mr. Mabee asked if the Board was willing to put this on the Warrant for March to get the 550' road in? The Chairman said that the request should come from the Planning Board. The Board honors requests from other Boards; if we took the initiative and do it, they might feel we were stepping on their toes. Mr. Lind asked if the Board would be inclined to accept the Planning Board' s recommendations? The Chairman said that the majority of both Boards would be in favor. Mr. Kenney said, regarding who builds the road, the way it was presented to us was that the developer would consider building everything. Mr. Lind said that they are seeking an avenue to get the development going. Mr. Cataldo asked if they had discussed development coats of Worthen Road with their developer? Mr. Lind said that the figures were given to the de- veloper, we haven't perused them. Mr. Cataldo asked if he would be willing to discuss the whole of worthen Road with the developer. Mr. Lind said that, on the basis of costa of 30' the balance would be covered by the Town. Mr. Greeley said that as far as putting an Article before Town Meeting, the answer is clear; if the Plan- ning Board asks us, we would do it. Constructing that part of Worthen Road that goes across the school prop- erty, the difference for full t141 width would depend on careful estimates of relevant costs. Mr. Lind said that is what keeps us in a quandry. We discussed why not put in 301 now; the question is what is underneath the road. The Chairman said that you are going into the Duffey land, which has a 1141 road; you would have a 30+ road going into a 441 road. Mr. Greeley said that either the developer puts in a 301 and pays for the whole road; the additional should be paid for by the Town. Mr. Lind asked how they would go about doing this. The Chairman said to go to the Planning Board on the small portion on Town property. If. you say you want a 30+ road, you would end up with it. Mr. Lind said that we would then have to present you with two sets of figures. Mr. Greeley said, or work it out with the Town. Mr. Cataldo said that, regardless of what approach we would want a 701 layout regardless of the pavement width we decide on now; dollar-wise it would make no difference to you. The Chairman said that they should go to the Planning Board; if they ask the type of support, you have a majority of this Board. Mr. Lind asked if there would be time to get it into the Warrant? Mr. Gray said that he hoped to close the Warrant in December. Mr. Lind and Mr. Peterson retired. The Chairman read a letter from Ephraim Weiss re- garding the Disorderly Behavior By-Laws, as applied to loitering in the Center. He proposes that the Select- men consider some specific action, perhaps in the form of a public hearing, or, perhaps the Board could ap- Center point a Committee to study the matter and report back Loitering after investigation. Mr. Weiss states that if reason- able progress is in evidence, he would reconsider his present intention of submitting an Article for the 1969 Annual Town Meeting. The Chairman said that Mr. Weiss has concern in this area, he thinks the By-Law is poorly written and something should be done to change it. Mr. Cataldo said that a copy of Mr. Weisst letter should be sent to the Chief of Police. 29 Mr. Greeley said that this goes back to the Canham incident, the feeling that the Police are overzealous. We should arrange for them to have a chance to speak and to have Chief Corr speak. The Chairman said that he speaks at the High School and, at the question and answer period, he asks the stu- dents if anyone has been asked to move along for just loitering and, until today, not one has said that he has been approached. I tell them that they have the right to use the Park. Previously, Dr. Zolo told me that he knew of other instances and I asked him to get in touch with me regarding them. I have never heard from him. Mr. Greeley said that he feels the appropriate way to handle this is for both sides, at the same time, to have an opportunity to be heard; it is better than letters from Mr. Weiss, etc. Mr. Kenney asked if Mr. Greeley felt that this situ- ation has been toned down? Mr. Greeley said that he hasn' t heard anything. Mr. Mabee said that it would be better to have the meeting when things are good, rather than when they are bad. Mr. Cataldo said that there are two issues; are the Polioe moving kids when they are not supposed to? Mr. Mabee said that the real issue is the attitude of the Police. Mr. Greeley said that they want a meeting and to have Mr. Adams present. Mr. Mabee said that the Police are on the defensive and they don't have to be; because of this criticism, they have backed up. Mr. Adams said that he is uptown a great deal and sees what goes on. He suggested having a group of mer- chants come in; they are very interested parties. It was agreed to refer Mr. Weiss ' letter to Chief Corr. The Chairman read a letter from the Mystic Valley Dinner Association for Retarded, Inc. , regarding the fund rats- for ing dinner on Friday, November 8, 1968. Retarded The Chairman read a letter from Mrs. Barclay, Tax Collector, requesting authorization for Elizabeth Baird to sign the payroll in her absence. Tax Upon motion duly made and seconded, it was voted to Collector authorize Mrs. Elizabeth Baird to sign the payroll for the Office of the Collector of Taxes in the absence of Mrs. Barclay. The Chairman read a letter from the TMHA, inviting the Board to attend an educational seminar on Municipal Finanee on Thursday, October 31, at 8:00 P.M. at the TMMA Lexington High School Science Lecture Hall. Mr. John Seminar D. Goethel, Associate Council for John Hancock Insur- ance Company and student of Municipal Finance, is to be the guest speaker. The Chairman said that members of the Board should attend this seminar. Mr. Gray informed the Board that bids were opened Street today on three streets, Grassland Street, Vaille Avenue Bids and Ewell Avenue at the request of the Town Engineer. They are being checked out by Whitman and Howard. Mr. Gray will report on them next week. Street At the request of the Chairman, the layout of Grass- Layout land Street, Vaille Avenue and Ewell Avenue will be held until next Monday evening. The Chairman read a letter from the Building Inspec- tor, requesting that Mr. James McCabe, Building Inspector of Arlington, be appointed substitute Building Inspector Inspection for the Muzzey Corporation. Mr. Irwin is a minority for stockholder in the Muzzey Corporation and feels that, Muzzey Corp. under the circumstances, a disinterested substitute in- spector should be designated for this particular renova- tion. Upon motion duly made and seconded, it was voted to appoint Mr. James McCabe as Building Inspector on the reno- vation of the Muzzey Corporation duplex dwelling at 24-26 Muzzey Street, for professional use. Mr. Cataldo said that we have received a letter from the Appropriation Committee on expenditures and we must remind them of the Town Office Building project. Mr. Gray is to write to the Appropriation Committee regarding the Town Office Building Project. Mr. Greeley asked if there was any report on the Cedar St. Cedar Street sidewalk? Sidewalk Mr. Gray said that Mr. McSweeney is on vacation, but he has three or four concepts and will report to the Board at the, next meeting. The Chairman informed the Board that he and Mr. Zehner had attended the Massachusetts Selectmen' s Associa- Town tion Convention at .arwich on Saturdat, October 12, and Report had accepted second prize for the Lexington Town Report. Recognition should be given to Mr. Zehner for the tremen- dous effort he has put into it; the credit should go to him. , 31 At the request of the Town Clerk, two jurors were drawn as follows: Leonard Sansone, 28 Kendall Road and Jurors Charles L. Rae, 43 Albemarle Avenue. The School Committee met with the Board. Mr. Clarke said that we want to bring you up to date with respect to what is going on in connection with the Junior High School; which will be in the Warrant at the next Town Meeting. We have developed a schedule of information and I have given copies to each member of the Board. This includes all of the published things and includes comments at various Town Meetings. The latest projections for the system include an amendment to the brochure that was published at the Annual Town Meeting. It includes a floor plan for this structure with reference to enrollment, which is higher than we expected and will hit 2500 or 2600 in 1973 and 1975. It means a new Jr. High is more critical than ever. When it opens, the capacity will be over by 10 pupils. The floor plan differs from the original floor plan in several ways. You know the beat way to reduce the cost is to re- duce the perimeter walls. The question is, what is the difference between this and Diamond? It is important to keep in mind that Diamond was built in 1958_ and in ten years, certain changes have taken place. Diamond has a very small library facility and, as you are aware, the library in this new structure is more than just the books, tt is much larger than at Diamond. On costs, the first question is, how much will the building cost? I don't School know; the reason no one knows is the Architect is trying Committbe to take the new floor plan and trying to put numbers to it ; we know it will be more expensive than Diamond; we have brought figures on what has happened to school con- struction costs; further increases will occur. For the square foot costs which we are using, and the percentage rise per year, in 1962, $19.19-4.6% to27.68-25% in 1967-1968. We are using the figure of $30. 00 per square foot, which is consistent with the increase per year. There has been some final work to reduce the perimeter to reduce the cost and we find that by doing that we re- duce one-half or a full story; we have not sacrificed on educational area; costs have gone ahead more rapidly than we have been able to plan . We are very anxious to have the support of each one of you on this structure. Our objective is to make everyone in the community aware of what we are trying to get done and why we need it. You can be most helpful. As more information comes to us, we can get it to you by coming here or by in- formational meetings . The Chairman asked about the total square feet. 1 32 Mr. Clarke said it was 135,000; we know how many square feet there are, but not the cost. The Chairman said that Mr. Cataldo would be able to tell us; he is on the Community College Board. He asked Mr. Cataldo what figure they were using? Mr. Cataldo said that their last figure was $37.50, but our School Committee was not using an equipped figure; they would do well to get the bricks and mortor for $30.00. He said that there is no question in anybody' s mind of the need for the Junior High School. Mr. Clarke said that there are certain inadequacies in the present High School which ought not to be; some- times you can save a nickel and end up paying $5.00; you can make a serious mistake to reduce the size. Mr. Cataldo said that it will make a difference whether you get a Jr. High or not; inadequacies are not because of area, they are how the equipment is laid out. You don't know whether this is going to work or not, I would hate to see you lose it. Dr. Fobert said that we know that Diamond has an in- adequate educational program for kids. Mr. Cataldo said that you have a 35 percent increase in area between Diamond and the new concept reducing wasted space. Dr. Fobert said that in order to add 300 students from 900 to 1200 to Diamond, you would have to add faeili- ties. Mr. Clarke said that we don't know in March what the cost will actually be. We are persuaded that the kind of program envisioned, to preserve the program and at the same time reduce cost, you are caught in a whipsaw. Mr. Cataldo said that he is not questioning the con- cept of the building; it is up to you to decide. If you say that this building is going to cost $5,000,000. Mr. Clarke said that they will be asked to use our best judgment; what we now know. This looks like the kind of thing that will be required. Mr. Cataldo asked if they were willing to take the gamble next March? Dr. Fobert said that they have reduced from 145,000 or 146,000 down to 135,000;; they will ask for educational apace. Mr. Cataldo said that he would hate to go through this, like they did with the High School. Mr. Clarke said that they are here now to avoid this very kind of thing. If everybody in the community knows what we are talking about, they will support our judgment. The Chairman said that there was no question on this meeting. Mr. Cataldo is trying to tell you that there are many people in this Town concerned with the tax rate and they are going to be . He asked what the normal square footage per pupil used? 33 Mr. Fobert said that it varies; it ranges from 120,000 for the last several years up to 158,000 and 163,000 at the Jr. High; we have these figures . The Chairman asked if these figures are in this Common- wealth? Dr. Fobert said that they were in Chelmsford and sur- rounding communities . The difficulty is, we have built on, which would allow us to go to 1200, just classroom addi- tions. Mr. Clarke said that we have now carried the design and development of this building to a point where we have a commitment . The Chairman said that you have a need and a commit- ment; we won' t deny the need but are you going to be able to convince the people of the Town of this need? They are beginning to understand the different component parts of the tax rate; people are going to be influenced by this. We must make people aware of the number of pupils in the community and how we see it; to check ourselves as we go along that we agree and get the kind of feedback that you have given us. Mr. Clarke said that we are talking about two class- rooms and the library. Mr. Greeley asked if they felt they can justify all of these additions. He would like to know how it adds up; you are accounting for 10 percent increase instead of 40 percent. He asked why the area per pupil must be up too? Mr. Cataldo said that we recognize that building costs have gone up; for us to go out and help you, we must be convinced ourselves. Mr. Greeley said that sooner or later they must ac- count for the degree of excellence in the construction and asked if they are changing their policy there, are they putting more money into construction? Costs per square foot are going to go up and you are going to be asked to account for that. The Chairman said that State aid would be 40 per- cent. We should work together to do what we can to get more State aid for education; the public has to under- stand that the property tax can no longer support the needs of education, so retired people are not going to be hurt if the State pays the tax, and not a property tax. We are not fighting you nor questioning the necessity; we are trying to work with you. Mr. Clarke said that, in the past, communications were not what they should have been. The Chairman said, not when you demonstrate the need. The next thing is to convince them of your solution to the need. l_ _ 34 Mr. Greeley asked if, when they adjust the capacity of Muzzey from 600 to 700, it costs him money? Dr. Fobert said that it would, when you take class- rooms and convert them. Mr. Mabee said that it was 100 percent a Town expen- diture; there is no aid from the Stdte for renovations. Mr. Cataldo asked it the operating budget this year will be the same as last year? Mr. Clarke said that, in view of some of the legal activities, we have not yet seen the budgets; they are being prepared; it is just too early to say; we have re- ceived some background information from the Appropriation Committee, some very helpful and constructive information. The Chairman said that you do know from an operating standpoint, your operating costs will be more. The School Committee retired. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Upon motion duly made and seconded, it was voted to adjourn at 10:05 P.M. A true record, Attest: Executive Clerk, Selectman c\ � C` 1