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HomeMy WebLinkAbout1968-06-24-BOS-min Lit( 1 CO C": 5-1 SELECTMEN'S MEETING June 24, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Twin Office Building, on Monday, Juns24, 1968, at 7:30 P.M. Chairman Cole, Messrs. Mabee, Cataldo, Kenney and Greeley were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Burke, Superintendent of Public Works, Mr. Wenham, Assistant Sup- erintendent,of Public Works, and Mrs . McCurdy, Executive Clerk, were also present. Mr. Legro requested the Board to sign the deed for tax title lot 86 Kendall Road . The Board had voted, on October 9, 1967, to sell lot 86 to George A. Amichetti and Virginia F. Amichetti. Tax Title Upon motion duly made and seconded, it was voted to sign the deed for tax title lot 86 Kendall Road, pur- chased by George A. Amichetti and Virginia F. Amichetti. Mr. negro requested the Board to sign a document re- leasing Thomas E. Osborn from further damages . Mr. Osborn had knocked down a stop sign. Release Upon motion duly made and seconded, it was voted to sign the general release in the amount of $25.00 to Thomas E. Osborn. Mr. Legro requested the Board to sign an Order of Taking by Eminent Domain at 8 Brown Road, owned by Henry Delfiner and Barbara C. Delfiner, no damages being award- ed . An abatement on the sewer betterment assessment had been granted to Mr. Delfiner by the Board on January 8, 1968, Order of Upon motion duly made and seconded , it was voted bp Taking adopt and sign the Order of Taking by Eminent Domain on the property at 8 Brown Road, owned by Henry and Barbara C. Delfiner. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign liquor identification I. D. cards for the following: Karen A. Emerson, 22 Thoreau Cards Road; Leslie Julian, L. Oxbow Road; Janice M. Maroney, 8 Raymond Street. The Chairman read a letter from the Mystic m y Valley Gas Company, requesting permission to locate a six inch high pressure welded steel gas main in Winthrop Road, Lexington, and to locate a four inch medium pressure welded steel gas main in Ballard Terrace, Lexington. 481 I \' Upon motion duly made and seconded, it was voted to grant permission to the Mystic Valley Gas Company to lo- cate six inch high pressure welded steel gas main in Winthrop Road, Lexington. Upon motion duly made and seconded , it was voted to grant permission to the Mystic Valley Gas Company to lo- cate a four inch medium pressure welded steel gas main in Ballard Terrace, Lexington The Chairman read a letter from the Chief of Police requesting that two security guards at the Honeywell Plant be appointed as Special Police Officers for the Special Town of Lexington Police Upon motion duly made and seconded, it was voted to appoint the following Special Police Officers for the Town of Lexington : James H. Hood, 43 Parker Street , Watertown; Edward R Tripp, Jr , 101 E. Squantum Street No. Quincy. The Chairman submitted the proposed Jury List to the Board Upon motion duly made and seconded , it was voted to Jury approve the Jury List, subject to the deletions made by List the Board Mr. Gray submitted a bid received by the Superinten- dent of Public Works for #4 treated crushed stone at $5.10 per ton, from the Massachusetts Stone Company, Weston, Crushed Massachusetts . Stone Upon motion duly made and seconded, it was voted to award the contract to the only bidder, Massachusetts Stone Company, Weston, for #4 Treated Crushed Stone at $5.10 per ton. Mr. Gray read a letter from the Federal Water Pollu- tion Control Administration which stated that Lexington Federal is to receive $70,290 because of the 10 percent increase Grant in the Federal Grant Mr. Gray requested the approval of the Board regard- ing the distribution of the commissions on the Town' s in- surance schedule and he recommended commissions on the Insurance Town' s insurance schedule The recommended agencies are: Commis- Bartlett Insurance of Lexington, Inc , W.S. Couette, sions MacNeil Insurance Agency, Inc. , J. Quinton Rush, Fred Hersom, John D. Beckwith, Milton F Hodgdon, and North- west Insurance Agency I Aga Mr. Gray recommended that the Otis Brown Insurance Agency be added to the list, if the conflict of interest period had elapsed . Upon motion duly made and seconded, it was voted to approve the list of agencies submitted for the dis- tribution of the commissions on the Town' s insurance schedule, and the Otis Brown Insurance Agency be added, if the period of time under the conflict of interest law had elapsed . The Chairman said that a letter had been received from the Chairman of the Fire Commissioners regarding the Agreement between Boston and Lexington for Mutual Aid in Fire Fighting. Mr. Legro was asked for his opinion of Seetion7. Mr Legro said that Section 7 makes each municipal- ity liable to pay to the otherfbr all loss or damage to property or injury or death of personnel incurred in fur- nishing aid under this agreement. I think this provision is improper unless there has been money appropriated and a vote of the Town authorizing such payments . I know of no such appropriation or vote Mutual The Chairman asked who signs the mutual aid contracts? Aid in Mr. Legro said that when the Selectmen voted in Fire 1953, they did not authorize the Fire Department to sign Fighting written agreements . It is my opinion that mutual aid agreements should be submitted to the Selectmen for a vote of approval for the Fire Commissioners to sign. The Chairman said that we could approve, with the deletion of the latter half of the sentence. Mr. Gray asked if there is damage to personal things, do we have them covered? Mr. Legro said that we have self insurances and there is an appropriation. Mr. Greeley asked if we went to Boston, would we have them covered? Mr. Legro said that the trouble is, if Boston fire fighters come here we do not have them covered . Mr. Kenney asked if anyone had talked with the Fire Commissioner to ask why we want an agreement of mutual aid . The Chairman felt that it was a good arrangement. He didn't knew if Boston fire fighters will come out here. It may be that they are going to need all the mutual aid. Mr Kenney asked what towns are now in mutual aid. The Chairman said that all the surrounding towns were. Mr. Legro said that as far as the Air Base is con- cerned, we are confronted with aidfbr the special equip- ment there. Mr. Legro said that we have mutual aid with the Air Force and Arlington since 1967. 483 The Chairman said that mutual aid now is on the basis of mutual aid to Arlington, not to Boston. Mr. Cataldo said that we were always over in Woburn and they had no equipment to send over here. Mr. Kenney said that he would like to hear from the Fire Commission. Mr. Greeley said that, as a matter of principle, we shouldn' t by-pass the Fire Ctmmissioners . Mr Legro said that they sent an agreement to me to read and approve and I wrote to them that I felt this provision was improper. They then wrote to the Board of Selectmen. Mr. Kenney said that you are saying that any written agreement should be signed by the Board Mr Cataldo said that he doesn ' t look to the Fire Commissioners for a recommendation, he looks to them for a justification. The Chairman asked Mr. Gray to get a justification from the Fire Commissioners Upon motion duly made and seconded, it was voted to appoint the following members of the Lexington Suburban Responsibility Commission: Dr. Gerald McLeod of Itek- Lexington Route 128 Industries ; Frederick Conroy, Chamber of Com- Responsi- merce; Arthur Bernier and Howard Livingston, TMMA; bility Donald M Graham, Planning and Development, MBTA Commission Mr. Legro informed the Board that he had received a copy of the letter sent to the Board by Franklyn Crosby. Mr. Crosby questioned the legality of the June 4, 1968 adjourned session of the June 3, 1968 Special Town Meeting. Mr. Legro lead a letter written by him to the Board which stated that Section 3 of Chapter 215 of the Acts of 1929 provides ; "Notice of every adjourned representative town meeting shall be posted by the Town Clerk in five or more public places in the town; and the Town Clerk shall also notify the members by mail of the Special adjournment at least twenty-four hours before the time of Town the adjourned representative town meeting, if the period Meeting of adjournment will permit." Section 6 of Article EEI of the General By-Laws makes a similar provision for notice, "if the period of adjournment will permit." Mr. Legro further stated that, in his opinion, the foregoing pro- visions were strictly complied with and that the question of the legality of the adjourned session on this ground is without merit. The Chairman asked that a letter be written to Mr. Crosby stating Town Counsel' s opinion that the provisions were strictly complied with. 484 Mr. Greeley said that he had accepted an appointment to the Data Processing Committee but now that he is on the Lexington Suburban Responsibility Commission he feels he should relinquish the appointment to another man. The Chairman agreed and suggested that he recommend Mr Kenney as a replacement Mr Greeley said that he will submit his resignation to the Moderator The Chairman asked Mr. Gray to speak to Mr. Zaleski and set up an appointment with the Planning Board on next Monday evening. Mr Legro said that he had received a question on the application of the dog control by-law. He said that the Dog Officer could proceed under Chapter 1.57 or the by-law. Referendum The Chairman said that our Dog Officer wanted com- plaints in writing. He has the right to, he would be with- in his rights . Mr. Legro said that a complaint under Chapter 157 requires the Selectmen to hold a hearing. Mr. Cataldo asked if the appropriation still holds if the vote on the referendum overturns Town Meeting action. Mr. Legro answered in the affirmative. The Chairman said that the money would still be avail- able for us to enforce the dog law The Conservation Commission met with the Board The Chairman said that a letter had been received in- forming the Board that a vacancy exists on the Conserva- tion Commission due to the resignation of Leslie York. Appoint- Following the statutes, we can elect a member to fill the ment vacancy. Mrs. Frederick Frick has been recommended . The Chairman declared the nominations open. Mr. Sussman nominated Mrs Frederick Frick. The Chairman nominated Mrs Frederick Frick. There were no other nominations . Upon motion duly made and seconded , it was voted that nominations be closed The members of the Board of Selectmen and the Conser- vation Commission proceeded with the election by ballot These were collected and counted by the Clerk. There were nine votes for Mrs. Frederick Frick Upon motion duly made and seconded, the Clerk was authorized to cast one ballot for Mrs. Frederick Frick. The Chairman declared that Mrs. Frederick Frick has been appointed a member of the Conservation Commission, by unanimous vote, fbr a term expiring April 1, 1969. The Chairman said that there has been a move made to review the Stadium Bill in the State Legislature. In the Stadium group that would form the authority to underwrite the con- Bill struction, Lexington would have 1.2 votes Lexington' s share of the first year' s deficit would be sixteen cents $ffon4486- on the tax rate The Chairman asked the Board if the members would be for or against the bill Mr. Cataldo said that he did not think that seven- ty eight cities should be the only ones in this. Mr. Greeley said that the authority ought to com- mand a rather high vote - two-thirds or three-quarters . 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 finan- Session cial interest of the Town or the reputation of any person . Following discussion with Mr Legro involving the financial security of the Town, it was voted to resune the open meeting. Mr Greeley said that a question was raised at the meeting of the Visiting Nurse Association as to whether the Town could resume plowing their driveway next L nter. Plowing The Chairman asked Mr. Burke to take care of plow- ing the driveway as the original vote to discontinue plowing some areas did not include the Visiting Nurse Association Upon motion duly made and seconded , it was voted to I II adjourn at 8:35 F.M. A true record , Attest : Executive Clerk, Selectmen The next regular meeting of the Board of Selectmen will be held in the Selectmen' s Room, Town Office Building, on Monday evening, July 1, 1968 at 7:30 F.M. GU