HomeMy WebLinkAbout1966-01-10-BOS-min CJ
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SELECTMEN'S MEETING
January 10, 1966
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building, on
Monday, January 10, 1966, at 7:30 P M. Chairman Cole,
Messrs. Burnell, Cataldo, Sheldon and Mabee were present.
Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent
of Public Works, and Miss Murray, Executive Clerk, were
also present.
At the request of the Town Clerk , the Board drew four
Jurors jurors. Those drawn were John R. Butler, 55 Meriam Street,
Leo W. Kritzick, 33 School Street, Clement H. Cleary,
15 Ellison Road and Charles W. Adams , 12 Unmoor Terrace.
Mr. Gray reported he received a bill from William A.
Halsey, Architect for the Public Works Building, for
Architect ' s $2,000, which has been approved by the Committee.
bill Upon motion duly made and seconded, it was voted
to approve the bill and authorize payment of $2,000.
Mr. Gray reported he had a petition, signed by
fifteen residents , requesting insertion of an article in
the warrant for the Annual Town Meeting in March, re-
questing the Town to pass an ordinance requiring fencing
of swimming pools.
Mr. Sheldon said he knew nothing about this article
Article but there is a qudstion of legality.
Upon motion duly made and seconded, it was voted
to insert the article , subject to the verification of the
signatures by the Town Clerk .
Mr. Gray areported that the Public Works Building
Committee held a meeting last Friday morning with the
architect, Mr. William A. Halsey, and the committee is
recommending the figure of $325,000 as the amount to
be requested at the Town Meeting.
Mr. Gray reported receipt of a letter from the Board
of Fire Commissioners requesting insertion of an article
in the Warrant for the Annual Town Meeting to cover reno-
vation and modernization of the fire alarm system, and an
appropriation of $36,000.
Mr. Sheldon said he would like to know if this can
be done over a three-year period and how much of it can
be done now to be effective. He said he supposed the
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Article could be inserted and discuss this part of it
later. He said he did know there is a need for this,
but he was under the impression it could be done on
a three-year basis
Upon motion duly made and seconded, it was voted
to insert an article in the warrant for the Annual Town
Meeting in March.
Upon motion duly made and seconded, it was voted
to insert all articles seasonably filed with the Board Articles
of Selectmen with the proper number of valid signatures
in the warrant for the Annual Town Meeting in March, 1966
Mr. Gray stated that the Lexington Lions Club would
like permission to use the enclosed field on July 2, 3, Enclosed
and L , 1966. field
Upon motion duly made and seconded, it was voted
that the request be granted.
Mr. Carroll said, with reference to articles in the
warrant, he would like the Board to consider expanding Drainage
the scope of the article usually included for drainage. Article
It now gives the Board the right to install drains in
such unaccepted or public streets as the Board may deter-
' mine He suggested that the article include widening
and deepening channels in public lands as the Board may
determine . He reported that Town Counsel has agreed this
can be done.
Upon motion duly made and seconded, it was voted
to enlarge the scope of the drainage article as recommended
by Mr. Carroll.
Mr. Carroll referred to the property at $72 Massachu-
setts Avenue, recently demolished, and said three or four 572 Mass .
months ago, he took out the hot water tank and all the Avenue
plumbing facilities and stored them in the barn. He has had
two people look at the items and their opinions are that
the total aaount Of higaliabf-is not cobra than $100.
Mr. Cataldo said, as far as the electric heater is
concerned, the Red Cross is looking for a hot water system
for its building, and he suggested that the Red Cross be
advised that the heater is available if they can use it.
Mr. Carroll said he thought he could use the hot water
heater in the Calgon pits.
Mr. Cataldo suggested, if Mr Carroll cannot use the
heater, that the Red Cross be contacted.
Upon motion duly made and seconded, it was voted
that if the Town has any use for the hot water heater, and
other items, they are to be used by the Town; failing that,
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they are to be given to charitable organizations such as the
Red Cross. If the organizations are not interested, Mr.
Carroll is to take bids and obtain the beat price he can to
dispose of them.
Mr. Wilbur Jaquith, Chairman of the Historic Dis-
tricts Study Committee, met with the Board and said he
would like to present an article for the warrant for the
1966 Annual Town Meeting dealing with the present Historic
Districts and the addition of new districts. He said the
proposed program is the same one discussed with the Board
last spring.
Upon motion duly made and seconded, it was voted
to insert an article to petition the General Court for the
enactment of legislation amending Chapter 447 of the Acts
of 1956, as amended by Chapter 185 of the Acts of 1956,
to provide for the creation of an additional Historic
District and extension of the existing Historic District.
Letter from Mrs . Franklyn L. Jones, Chairman, Re-
creation and Education Committee of the Minute Man Associ-
ation for Retarded Children, Inc. , relative to programs
Retarded for the retarded children, was held over
children Mr Gray reported he discussed this with Dr. Fobert,
Superintendent of Schools, and he was familiar with the
program. He will have Dr. Mundy get in touch with Mrs.
Jones. Dr. Fobert told him they have a committee that
receives many requests for a change in curriculum and this
is probably the way to handle this . He told Dr. Fobert
the Board of Selectmen would wait to hear from him. Mr.
Gray said he talked to Mrs. Jones today and she is going
to contact Dr Mundy
The Chairman asked if it was understood by all con-
cerned now that this is in the proper place
Mr. Gray replied in the affirmative, and said Mrs .
Jones understands it.
The subject of the. Act pertaining to Hospital, Surgical,
Medical and other Health Insurance (Medicare) was held over.
Mr. Gray said it was going to require a lot more
analysis . He explained the State is trying to set up a
program whereby it will give the employee over sixty-five
the same program he now has at a lesser cost. Part of
this has not yet been enacted by the Senate.
The Chairman said the billl would have to be refiled or
admitted as a late filed bill with a 4/5 vote.
Mr. Gray said he did not think there was any action
to be taken by the Board at this time.
A radio Communications Cost Study, submitted to the
Board at its last meeting, was held over.
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Mr. Gray read a letter from the Fire Commissioners.
Mr. Gray reported that Chief Corr is anxious to have
an article in the warrant to revamp the radio system.
Mr. Sheldon said he also discussed this with Chief
Corr and be understood leaving the Fire Department out Radio Com-
does not affect the Police and Public Works Departments . munication
These two departments can come in at a later dare and Cost Study
this reduces the request by $11,000.
Upon motion duly made and seconded, it was voted
to insert an article in the warrant for the Annual Town
Meeting in March, 1966, to provide for revision of the
present readio system.
At 8:00 P.M. , Mr. Gabriel Baker and Mr. Mark Moore,
Jr. , met with the Board
The Chairman, addressing Mr. Baker, said he knew
this has been in negotiations with his attorney and with
the Town Counsel and asked if anything was going to be
discussed pertaining to anything between the attorneys.
Mr. Baker replied in the negative. He said he and
Mr. Moore would like to know what the timetable is for
demolishing the building He said they did not want to
lose any business and the tenants would like to know the
time.
Mr Moore said when he knocks the front of the store
down, Mr Baker will lose some business and be does not
want to lose it until he has to. He said he wants the
maximum time before he has to have the twenty-seven feet
knocked down. He asked how long Mr. Baker could stay
there as he is . He said Easter is coming up and Mr.
Baker wants to buy now. He was supposed to go down to
New York last week. He asked what the time was the
Board could give him before he knocks the front down.
He said Mr. Baker did not want to knock it down and then
have it sit there .
Mr. Cataldo moved for .Jcecutive Session.
The Chairman said Mr. Baker was not represented by
Counsel, Town Counsel was not present, and rather than
take chances of violating any action of the Town Counsel
or Mr. Baker' s attorney, the Board would go into Executive
Session
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, Executive
might adversely affect the public security, the financial Session
interest of the Town, or the reputation of any person.
Following further discussion with Mr. Baker and Mr
Moore, it was voted to resume the open. meeting.
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Mr. Gray reported that he received a call from the
Executive Committee of the Town Meeting Members Association
regarding the content of the Town Report.
The Chairman said this is a proposal by the Town
Meeting Members that next year there be a committee appointed
Town by the Selectmen to review the Town Report to find any
Report possible ways to facilitate its publication and make re-
commendations as to its content. He said he understood
the Board had no objection to appointing such a committee,
and they suggested several names.
Mr. Cataldo said the Board agreed with the Committee.
He suggested that the Board get a list of names together
and go over it some night when the agenda is not as long
as it is this evening.
The Chairman said this would not have any effect this
year and suggested that the subject be held over for another
week He said he would review the names again.
The Chairman read a letter from the Itek Corporation
informing the Board it plans to enlarge the parking area
at the rear of its facilities at Maguire Road as part of
a facilities expansion program.
Itel] Parking Mr. Carroll informed the Board this is under Chapter
220 of the Acts of 1965 and within ten days after receipt
of a proper application, the Board of Selectmen has to
hold a hearing.
The Chairman said the hearing could be held at a
Board meeting providing all parties concerned are notified.
Upon motion duly made and seconded, it was voted,
pursuant to the provisions of Chapter 220 of the Acts of
1965, to hold a hearing in the Selectmen' s Room, Town
Office Building, on Monday, January 17, 1966, at 8:00 P.M.
relative to plans of the Itek Corporation to enlarge the
parking area at the rear of its facilities at Maguire Road,
Lexington, Massachusetts, as part of a facilities expansion
program.
Mr. Carroll' s proposed rates for Contract Plowing, a
1Contract copy of which was submitted to each member of the Board
Plowing rates lat week, was held over.
Upon motion duly made and seconded, it was voted
to approve the following rates for Contract Plowing sub-
mitted by Mr. Carroll:
1 ) That the hourly rate for 10-wheel trucks would
be $11.00 per hour.
(Our present rate schedule contains a basic
hourly rate plus a longevity amount of 50 per
hour per year. Therefore at present we are
paying for 1-wheel trucks at rates ranging from
$10 30 per hour to $11,05 per hour. The present
average rate for 10-wheelers works out to be
$10 76 per hour. Since we hire 13 of them, we
are increasing the total amount to be paid 221
Hour for plowing by $3.12.
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2. ) That 10-wheel trucks would be paid $12.50 per
hour for overtime hours These hours would be
5 p.m. to midnight and from midnight to 8 A.M
on weekdays and all day on Saturdays, Sundays and
Holidays.
(This rate is obviously made up of the $11.00
in Section 1. ) plus $1.50 per hour to compensate
for overtime that the contractor will pay to his
drivers.
I would like to point out here that the con-
tractors requested that this figure be $1.68 per
hour which is one-half of the union truck drivers'
hourly rate of $3.35 per hour . However, I told
them that since most of the contractors did not pay
union wages that it would not be fair to ask the
Town to tie itself to union wages. They agreed to
the $1.50 figure. )
3.) An hourly rate of $10.00 per hour for hauling snow.
(The present rate is $9.50 per hour. The con-
tractors requested that they be paid $1.50 per hour
for overtime work on hauling - or above the $10.00 -
but I told them that I could not in good conscience
request this of the Board because this work is
relatively easy on the trucks) .
4. ) That contractors who supply their own plows be paid
$2.00 per hour above any plowing rate.
(The present rate is $1.50 per hour. The con-
tractors also requested that the Town be responsible
for the repair of their - the contractors - plows.
On this I emphatically said "NO" I However, I do feel
that the $2.00 figure is very fair as far as the Town
is concerned
The inc±ease will total up to only $3.00 per hour
because only 6 trucks supply their own plows.)
The Chairman read a letter from the Standing Plumbing
and Building By-Law Committee requesting the insertion of Articles
five articles in the warrant for the Annual Town Meeting. Building &
Mr. Carroll said he had written two letters to the PILU bing
Board in regard to changing the Plumbing By-Laws to re- By-Law
quire installation of garbage disposals in new homes.
The Chairman said he thought this was a matter to
be followed up, but he did not believe it would be ready
for this warrant .
The Chairman read a letter from the Board of Cemetery
Commissioners with reference to changes in the Personal
Services budget
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The Chairman said this letter does not give the
Bard any more information than it originally had.
Cemetery Mr Gray said he left it that Mr. Graham would
budget let him know when he could meet with him to discuss
this budget
Upon motion duly made and seconded, it was voted
to request the Cemetery Commissioners to meet with the
Board on Monday, January 17, 1966, at 9:00 P.M.
The Chairman read a letter from the Cemetery Com-
missioners requesting a transfer of $346.00 from the
Cemetery Estimated Receipts Ledger, credited on March 22, 1965,
Bill to the Cemetery Department Expense Account to enable
payment of a bill rendered by the Security Fence Company
for repairs to a damaged fence.,
Mr. Gray stated it was his understanding that the
Appropriation Committee had recommended that the Com-
missioners pay this bill, and if the expense account was
short, a transfer from the Reserve Fund would be con-
sidered
The Chairman asked Mr. Gray to check this .
The Chairman read a letter from Mr. Irwin, Building
Inspector, advising the Board that the Lexland Construction
Corporation filed, on January 7, 1966, plans for a one-story
commercial building on Lots 3-C and 1.4.-C, which will be
numbered 420 Lowell Strdet . Providing all requirements
are met, he assumed it would be proper to issue a permit
for this building .
The Chairman skid he would answer the letter and say
his assumption was correct He said he did not think
this was any different than the plans by Lexland for the
first building.
The Chairman read a letter from the Town Treasurer,
together with a list of bids received for the $1,510,000
Moreland Avenue School loan.
Mr Cataldo said, in view of the information received
relative to 376 empty spaces, he thought the Board should
discuss the subject with the Standing School Building Com-
mittee and the School Committee, to find out whether or not
this Moreland Avenue School should be built He said he
could not see building a second school this year knowingit
will be more than half empty He suggested that the
School Committee review its enrollment and see if this
is the thing to do.
The Chairman asked if the bond bids were subject
to the same time restrictions as construction bids
Mr. Gray replied he did not think the Board would
have more than a week at the most.
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Mr. Mabee said if the Board handles this on the
basis of holding it up, it would probably be rejecting
the bids.
Mr Cataldo explained he was not saying this is the
action to take, but he would like more information
Dr. Fobert and Mr Viano, Chairman of the School
Committee, met with the Board
The Chairman explained that the Board had received
bids gor the Moreland Avenue school ieonstruction and
the question arose as to the necessity of this school at
the present time.
Dr Fobert explained there was a misunderstanding
because of what was written in the paper . He said
people thought there would be 370 empty sapees but this
is not the fact.
There was a lengthy discussion on the subject, follow-
ing which the Board voted unanimously to approve the bid
of 3 50% at 100 303 submitted by Kidder, Peabody & Co.
and Associates for the $1,510,000 Moreland Avenue School Loan,
Messrs . Fobert and Viano retired at 9:10 P. M.
Mr. Stephen Ells, Conservation Commission, met with
the Board
The Chairman said he had another petition for articles
in the warrant .
Upon motion duly made and seconded, it was voted
to insert the Conservation articles in the warrant for
the Annual Town Meeting in March, subject to the varifineation
of signatures
Mr. Ells said the article to which the Chairman re- Article
ferred relative to the Old Reservoir on Marrett Road, was
a citizens' article and not a Conservation Commission
article. The Commission expects to discuss this with the
Recreation Commission. He said if they feel it is not
a worthwhile project, they would withdraw the article, but
would like an opportunity for the Recreation Committee to
see it between now and Town Meeting .
Letter from the Conservation Commission, with reference
to the Kingston Homes' subdivision adjacent to Willard' s
Woods, was held over.
The Chairman said the Commission thought it was within
the Board' s power to deny this by using the Hatch Act.
Mr. Ells said if the petition was severe enough, he
believed the Board could deny the request for a subdivision.
He stated usually the Hatch Act is to impose conditions Kingston
to protect in the interest of flood control The regu- Homes sub-
lation provides an alternate procedure for the developer. division
The Chairman said normally subdivisions go before the
Planning Board and they have not applied to the Selectmen.
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Mr. Ells said approval for the Hatch Act does not come
via the Planning Board. He said some towns have held
joint hearings with the Planning Board so as soon as the
Planning Board is aware there is a Hatch Act involved,
they inform the Selectmen and have one joint hearing with
the Conservation Commission, Board of Health, Planning
Board and Selectmen.
Mr. Sheldon inquired as to the status of this appli-
cation with the Planning Board.
Mr. Carroll said they have filed a preliminary sub-
division plan.
The Chairman, addressing Mr. Gray, suggested that he
act as agent for the Board of Selectmen and see that this
is coordinated. He asked that he contact the Planning
Board and the Building Inspector. He said before the
Planning Board makes any decision on this, Mr. Gray should
see that the procedures on this are followed.
Mr2 Ells gave the Chairman a check for $1500, received
relative to the Town' s acquisition of the Harris land
Mr Mabee asked how different the Kingston Homes sub-
division was from many others in Town.
The Chairman replied this is a new Act.
Mr. Sheldon said this is the first time the Act
may apply
Upon motion duly made and seconded, it was voted
to grant permission to the Premiere Performance Company
Use of hall to use Estabrook Hall for a workshop on Saturday, Janu-
ary 22, 1966, from 7:00 P.M until 10:00 P.M , subject
to the established rules and regulations governing the
use of Cary Memorial Building
Application for renewal of a Common Victualler License •
was received from the Trinity Pharmacy, 162 Bedford Street
The Chairman read a letter from the Board of Health
stating the Trinity Pharmacy has not applied to the Board
of Health for a Food Service Permit and the manager has
stated tht he does not intend to operate during the coming
year
The Chairman asked Mr. Gray to check this
Upon motion duly made and seconded, it was voted
License to grant a Second Class Agent' s license to Morris M
Bloomberg,d b a Morris Motors, 4.00 Waltham Street
Letter was received from the Planning Board ask-
ing the Board to consider raising theP'lanning Director' s
salary by two grades. He is currently at S-25 level,
grade II, ($9950) and the Planning Board would like him
raised to grade IV ($10,790 )
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Mr Franklyn Crosby said he talked to the Director
and he had no knowledge of this letter. Mr Crosby said Planning
he did not think at this time it would be appropriate Director ' s
to grant a raise as he had not been here this 1®ng. salary
The Chairman said this is purely administrative and
would be forwarded to the Appropriation Committee for ap-
propriate action.
Appointment to the Board of Assessors was held over Appointmen
for one week .
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, Executive
might adversely affect the public security, the financial Session
interest of the Town, or the reputation of any person
Following discussion pertaining to a local matter,
budgets, articles and Lexington Center, it was voted
to resume the open meeting
Chairman Parrish, Messrs Clarke , Zehner, Gary,
Carlson, Kenney and Mrs. Souza of the Appropriation Com-
mittee, met with the Board to discuss 1966 budgets on which
the Committee had some questions .
Upon motion duly made and seconded, it was voted
tp reconsider the action of the Board taken on the Fire
and Police Medical budget . Budgets
Upon motion duly made and seconded, it was voted
to approve the sum of $500 as recommended by the Committee.
It was understood that the Committee would consider a
transfer from the Reserve Fund if it became necessary.
With reference to the salary for the Planning Director ,
the Chairman stated it has been the Selectmen' s policy not
to give any individual increase .
Upon motion duly made and seconded, it was voted
to reconsider the action of the Board taken on the Health
Expenses budget
Upon motion duly made and seconded, it was voted
to approve $1,000 for Tuberculosis Care and to approve
the total budget amount of $8,125 00
Upon motion duly made and seconded, it was voted
to reconsider the action of the Board taken on the Town
Offices and Cary Memorial Building Expenses budget.
Mr. Cataldo suggested that the item of $23,600 for
air conditioning the Town Offices and Police Building
be deferred until suhh time as it has been determined
what, if any, alterations are to be made in the present
Town Office Building
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At the recommendation of the Appropriation Committee
the item of $10,000 for a generator was taken out of the
budget and submitted as an article in the warrant .
It was agreed by both groups to include $400 for a
public address system for Cary Hall.
Upon motion duly made and seconded, it was voted
to reconsider the Public Welfare Personal Services budget.
Following discussion relative to the employees in
this department being under the Civil Service Salary Plan,
the rate of $9,351.00 ($179 83) per week)
The Appropriation Committee retired at 11:10 P M.
The Chairman said the Board received a letter from
the Fire Commissioners asking the Board to reconsider
Fire Dept. its vote on the Personal Services Budget. He said the
budget original request was for five additional men The
Board approved one new man to fill vacancy caused by
promotions
Upon motion duly made and seconded, it was voted
to reconsider the action taken by the Board on the Fire
Department Personal Services budget
Mr. Sheldon moved for one man the Board originally
voted for, to take care of the vacancy as a result of
promotions , plus one additional man, a total of two.
Upon motion duly made and seconded, it was unani-
mously voted to approve two additional men for the Fire
Department .
Mr. Gray was requested to refigure the budget and
notify the Board of Fire Commissioners and the Appropri-
ation Committee.
Upon motion duly made and seconded, it was voted
Articles to insert sixteen articles in the warrant for the Annual
Town Meeting as submitted by the Planning Board.
Mr Sheldon suggested that Leon Burke , Director of
Guides, meet with the Board some time within the next
thirty days .
Upon motion duly made and seconded, it was voted
to adjourn at 11:35 P.M
A true record , Attest:
€7_,
eve le , Select