HomeMy WebLinkAbout1965-02-01-min 1
SELECTMEN'S MEETING
February 1, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, on
Monday, February 1, 1965, at 7 :30 P.M. Chairman Cole,
Messrs . Brown, Burnell, Cataldo and Sheldon were present
Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant,
Mr Carroll, Superintendent of Public Works, and Miss
Murray, Executive Clerk, were also present
At the request of Miss McDonough, Temporary Town
Clerk, five jurors were drawn. The individuals drawn Jurors
were as follows : Gerald E. Cowperthwaite, 67 Bridge
Street, Theodore A. Haddad, 36 Reed Street, Donald P.
Noyes, 261 Waltham Street, Duane A. Haugen, 15 Normandy
Road, Ford D. Brown, 1 Belfry Terrace, and Millard G.
Owen, 39 Reed Street
Hearing was declared open upon petition of the
Boston Edison Company for permission to install about Conduit
III 15 feet of conduit in Westview Street location
Mr. Serverson, representing the petitioner, was
the only person present at the hearing
Notices of the hearing were mailed to the peti-
tioner, owners of property as listed on the petitioner ' s
plan and also filed with the Superintendent of Public
Works .
Mr. Serverson explained it is intended to go from
a pole to a manhole going into Itek.
The hearing was declared closed, and upon motion
duly made and seconded, it was voted to grant the peti-
tion and sign the order for the following conduit lo-
cation
o-
cation
Westview Street, at Maguire Road, a distance of about
15 feet - conduit
Hearing was declared open upon petition of the
Boston Edison Company for permission to locate one
pole in Massachusetts Avenue, at the intersection of
Follen Road and Pleasant Street
Mr. Serverson, representing the petitioner, was Pole
the only person present at the hearing. location
Notices of the hearing were mailed to the peti-
tioner, owners of property as listed on the petitioner 's
Ill plan, and also filed with the Superintendent of Public
Works .
co
2et
AP
Mr. Serverson said the pole location will light the
intersection and is being located where Mr. Carroll,
Superintendent, had requested it .
The hearing was declared closed, and upon motion
duly made and seconded, it was voted to grant the re-
quest and sign the order for the following pole lo-
cation:
Massachusetts Avenue, in traffic island, at inter-
section of Follen Road and Pleasant Street, --
One pole .
Hearing was declared open upon petition of the
Boston Edison Company and the New England Telephone
and Telegraph Company for permission to locate one pole
Pole on Sylvia Street.
location Mr.Serverson, representing the Boston Edison Com-
pany, wa:, the only person present at the hearing.
Notices of the hearing were mailed to the peti-
tioners, owners of property as listed on the petitioners '
plan and also filed with the Superintendent of Public
Works .
Mr. Serverson explained the request is to set one
pole to service two new homes.
The hearing was declared closed, and upon motion
duly made and seconded, it was voted to grant the peti-
tion and sign the order for the following j/o pole lo-
cat ion:
Sylvia Street, southeasterly side, approximately 1. 70 feet
southwest of Massachusetts Avenue, --
One pole
Mr. Legro and Mr . Gray left the meeting to go over
the warrant articles.
Mr. Carroll reported, with reference to the North
Lexington Force Main, that he and Mr. Gray met with a
Mr. Greeley, of the State Sanitary Engineering Depart-
Sewer ment, last Wednesday in regard to the force main and
the Winter Street trunk sewer. According to Mr. Greeley,
the force main project will be eligible for 30% aid after
funds have been appropriated and application made . The
Winter Street sewer will not be eligible
Mr. Carroll referred to a question raised at a previous
meeting in raged to the possibility of extending the
water main along the so-called Frontage Road, and said
he had prepared some figures for the Board. He presented
3
a plan and indicated the property in question. He ex-
plained the total betterment that could be assessed
would be $1596 on one side of the street and 0334 on Water
the other side. He said the Board is talking $35,000 main for
or $40,000 to extend the main so the return of better- Frontage
ments is small. He suggested the same arrangement used Road
with Cabot, Cabot & Forbes and advise the people inter-
ested in rezoning that if this was proposed the Board
should talk about ge' ting one-half of this cost back
which would be something like $9.00 a foot, total cost .
The Chairman asked if they accepted a half and half
formula how much the Board would get back
Mr. Carroll replied a little over $4,000, and it
will cost the Town the same He said the Board should
be thinking about getting this into a State contract.
The Chairman said it is important that the Board
approach them and try to reach an agreement .
Mr Carroll referred to the article on the so-called
Scott land and said a decision has to be made as to ex-
actly what the Board wants to give up in terms of juris- Scott land
diction. He presented a plan entitled "Plot Plan of
High School", and indicated the area involved. He had
outlined in red what he thought the Board might consider.
The plan as submitted was basically approved.
The Chairman read a letter from John A. Bellizia,
on behalf of the Pine Meadows Country Club, dated
January 25, 1965, relative to a water bill he received
and claimed to be excessive . A copy of the communi-
cation had been sent to Mr . Carroll.
Mr Carroll reported that Mr. Bellizia paid the
old bill on July 13, which was $241.01. The bill for
the period between April 16, 1964 to September 16, 1964
was S420 83. He said he thought Mr. Bellizia repaired
the leak some time after the reading was made in April
so the excessive use continued beyond the last reading.
He said the club never had a bill anywhere near this
amount before . He said the reference made in the letter
was to an abatement the Board granted Mr. Bradford Giddings,
and tills case is nothing like that . He reported that the
meter was checked today and there is no leak
The Chairman said this comes down to who had the
best chance of discovering the leak. The Town had no
chance because it was on the other side of the meter and
it was on his property.
Mr. Cataldo said he could not see how anyone could
have a leak in the house and not become aware of it and
said the Board did grant Mr Giddings an abatement .
Mr. Carroll said the Club 's meter was read in April,
at which time it was told the bill was high. Then the
co
4
cr
et
o.
meter was read in September.
The Chairman said there is more use of water at the
Golf Club during that period, and asked if Mr. Carroll
would be prepared to make a recommendation.
Mr. Carroll replied on the basis of the information
he has now, he thought the bill should stand
Mr Cataldo said he agreed there should be no abate-
ments beyond the meter, regardless
Mr. Burnell said he thought this sAould be a policy
of the Board.
Mr. Sheldon suggested no action.
Upon motion duly made and seconded, it was voted
to deny Mr. Bellizia 's request for abatement
Mr. Cataldo was recorded in opposition
Mr. Sheldon asked if he thought this case was com-
parable to the other one .
Mr. Cataldo replied he thought it was identical,
that the Board was wrong in the first place and never
should have started this
Mr. Brown stated the abatement granted on the other
requet was on the second six-month period.
The Chairman read a letter from Harold G. Wilson,
112 North Road , Bedford, relative to an open ditch between
Eldred lots 411 and 110, near the intersection. of Eldred and
Street Justin Street.
ditch Mr. Carroll advised that Mr. Wilson is building some
houses on Eldred Street. He presented a plan and pointed
out the ditch to which Mr. Wilson referred Mr. Wilson
came to him and suggested that the Town cover the brook
He said he told Mr. Wilson he did not think the Board
would go along with this because it would benefit only
two people Mr. Wilson then sug,_ested that if the Town
would lay the pipe, he would supply it Mr. Carroll said
this would cost him at least $3,000. He said there is a
possibility that it may not be possible to put a sixty
inch pipe in there and it may be necessary to put in twin
pipes which would cost him more money. He said the Town
would have to lay the pipe, which would not be easy, and
the amount involved is between $1,000 and $2,000 for the
Town.
The Chairman asked if the Town had ever done any-
thing like this before, and Mr Carroll replied in the
affirmative. He explained that Mr. Massimilla on Bow
Street supplied the pipe and the Town installed it. He
said Mr Wilson is willing to grant a permanent easement
to the Town.
The Chairman said thre would be agitation to have
the remaining part of the brook covered.
Mr. Sheldon said if there is vacant land down stream,
sooner or later someone else will want this covered
e
Mr. Carroll said if the Board does decide to have
this ditch piped, he would not recommend reimbursing the
builder for the cost of the pipe-
Mr. Cataldo mentioned it would cost the Town a total
of $20 or $25 a foot including labor
The Chairman said this is a problem of a private
developer and not a problem of the Town
Mr. Carroll pointed out that six months from now
the builder may be gone and have sold the houses which
will be fifteen feet from the open dith
Mr. Sheldon said he agreed there was a problem when
the houses are occupied, but there is another problem
coming up down the line .
Mr. Brown said he would be opposed to this because
it is for a developer and he was sure the purchase price
was based on the condition of the land.
Mr. Sheldon asked where the Town's liability began
and ended if nothing is done, this land is developed and
flooding occurs
Mr. Carroll replied there will be no flooding here
because the Town is cleaning out this brook and there
will be a good brook system there.
Upon motion duly made and seconded, it was voted
not to pipe the ditch
The Chairman read a letter from Soule Brothers, Inc. ,
640 Lowell Street, in regard to a water condition on the
street . Flooding
Mr. Carroll recommended that, if the situation has on Lowell
existed as long as it has, it could wait one year . He Street
proposes to build that section of the street next year ,
at which time the street will be crowned and there will
be drainage. He said this would take care of the entire
problem
Upon motion duly made and seconded, it was voted
not to take any action on the matter until next year,
and to advise Soule Brothers that it is the Board 's in-
tention, in connection with the reconstruction of Lowell
Street, to do this portion next year, at which time
drainage will be installed.
Mr. Alfred P. Tropeano 's letter with reference to
sewer betterment assessment levied against property of Sewer
Warren T. and Elizabeth Ferguson, Fairbanks Road, was betterment
held over at the request of Mr. Carroll for another
week
Upon motion duly made and seconded, it was voted
to sign forms, submitted by Mr. Carroll, identified as Chapter 90
Memo No. 21513 and 22158 upon request of J. J. O 'Brien
& Sons, Inc. , to sublet certain items of work in the
Chapter 90 Street Contract.
iT
et
The Chairman read a letter from Mary R. McDonough,
Temporary Town Clerk, together with bids received on
School the Middleby Road School Loan.
loan Upon motion duly made and seconded, it was voted
to accept the bid of 3.00% at 100 .4056 submitted by the
Smith, Barney & Co. , Inc for the $1,345,000 Middleby
Road School Loan.
Letter from the Minuteman Council, Inc. Boy Scouts
Shoveling relative to shoveling hydrants after winter storms was
hydrants referred to the Fire Commissioners
School Minutes of the Joint School Committee and Adminis-
Salary trator Salary Advisory Committee Meetings held on
meetings January 20, 1965 and January 27, 1965 were received.
The Chairman suggested that the members of the Board
familiarize themselves with the minutes .
Report of the Advisory Committee on Human Relations
Report was held over for one week.
The Chairman read a letter from the Lexington Jaycees
April 19 relative to location for a refreshment booth on April 19,
booth It was agreed to follow the same procedure established
last year.
Upon motion duly made and seconded, it was voted to
Dump issue Yearly Dump Permits to the following:
H. F. Green & Sons , Inc . , 257 Northern Ave. , Boston
Arthur G. Mitchell, 58 Old Lowell Road, Westford
At 8 :22 P.M. , Messrs . Abbott, Lund and Mrs Morey
of the School Sites Committee, members of the School
Committee, Standing School Building Committee, Appropri-
ation Committee and Capital Expenditures Committee met
with the Board.
Mr. Abbott distributed financial information entitled
"Comparative Costs (Revised 2/1/65)" with reference to
A.-Morland Avenue school site ; B.-Pleasant otreet (School
Committee Estimate Corrected) ; C.-Pleasant Street (Sttes
Committee Estimate )
The Chairman explained the joint meeting was to hear
the results on the investigation of the various school
sites; either Moreland or something in place of Moreland
He requested that all questions be directed to Mr Abbott.
School Mr. Abbott explained that Mr. Steele, Chairman of the
sites Committee, is in Florida and stated that the Committee had
prepared new sites here with the correction on the amount
on Moreland which was originally estimated for $30,000.
He stated at the time the Committee made its report, the
architect had not figured what was already spent Now
they come up with a figure of $10,830 instead of $30,000.
Mrs. Morey suggested that the figure of $30,000 be
dropped from each of the three columns on the Comparative
Costs explanation
Mr. Cataldo said the $30,000 for land acquisition has
been appropriated but has not been spent, and the purchase
price is not known
Mr. Abbott advised that approximately half the land
has been acquired.
Mr. Gray reported the Town has made the taking,
but has not settled the price.
Mr. Abbott reported he called the Lucky Penny Trust
todayand they recently purchased the last of this land
for 5,000 an acre . They don't want to sell the land
The Town would have to take it . If it is taken, they
assume they have a layout for 36 lots , the final location
of EMerson Road might take two or three lots . If they
have thirty-three lots they feel they are worth $10,000
each.
Mr. Fenske asked if they would be interested in ex-
changing for Tarbell.
Mr . Abbott replied they would be losing a school
site
The Chairman said the Board of Selectmen was to in-
vestigate other sites, but the final decision was to be
left with the School Committee, Standing School Building
Committee and School Sites Committee. He said he did
hear that all three were unanimous in keeping the Moreland
Avenue site.
Mr. Abbott said they had a discussion meeting
The Chairman said the Selectmen are interested in a
site if it would cost less money and be good for the Town,
but it is not the Selectmen's jurisdiction but that of the
School Sites Committee to come in with a recommendation
Mr. Fisher said this last figure was something they
did not nave before they came in, and if it costs the Town
this muci, this puts another light on this . He said the
School Cmmmittee, had it been given an option of Pleasant
Street o ' Moreland Avenue in the beginning, would have
picked M)reland Avenue in the beginning, and it still does
not consider Tarbell agood site . The School Committee
does not feel Tarbell is a good site now or in the future .
He said with these costs figures, he did not think the
School Committee's point was so strongly in the picture on
Pleasant Street He said as far as the operation is con-
cerned, ;he committee prefers Pleasant Street to Moreland
Avenue b3cause it would be easier He stated that for
the Plea3ant Street very few children would have to be
I
cc
8
cr
bussed. It is not known how soon the Carroll and Swenson
property will be developed so there will be a period of
time for bussing. He said if this land is going to cost
$230,000.00, unless the Town would like to include it in pur-
chasing open land or it could be swapped for Tarbell, these
other arguments lose some of their weight .
Mr . Cataldo, referring to the $230,000.00, said the
Board woaldn't even consider the price. The last purchase
that went through, although they paid $45,000.00 an acre,
it was $2500.00 a lot for the land they bought and the
thirty-six lots would bring it up to $90,000.00. He
pointed out they established this value themselves He
stated this $90,000.00 would be what the Town would be hit for b
by going to Court. The School Sites Committee has an
article in connection with obtaining 30% Federal aid. He
said, with reference to Moreland Avenue, if the school were
built now, the only access would be Philip Road Three
years from now, when Worthen Road is built, another access
would have to be built . Then there would be 1542,000.00 for
the development of Worthen Road for the school site. He
said this is what the Capital Expenditures is carrying.
Then an access would have to be built from Worthen Road
to the school and asked if anyone had these costs
Mrs . Morey referred to the figure of $90,000.00 and
said the committee has not discussed an access from Barbell
Because of the bad traffic on Pleasant Street, there would
have to be an elbow. She said the Planning Board has in
mind, when Emerson Road is built, the corner will have to
be cut off. She said building at Pleasant Street would
precipitate the widening and make it immediate, an expense
the committee has not figured.
Mr. Cataldo said it is not known where Emerson Road
is going.
Mr. Abbott said there is a plan for Emerson Road,
approved by the Planning Board, and it goes right through
this property
Mr. Cataldo said this was not so in the layout the
Board had . He said the plan Mr. Carroll had here would
not affect the layout of the school or the road
Mr. Abbott said Mr Carroll estimrted it might cost
the Town $60,000.00
Mr. Cataldo said no one knows if Emerson Road will
ever be built .
Mr. Abbott said it is difficult for the Sites Com-
mittee because it has outlived other committees It
started with committees who approved Tarbell
The Chairman said he would just as soon forget Tarbell
and hope that something could be agreed on.
Mr. Fenske stated Town Meeting objected to $341,000 00
for site development. He said land values should not
9
be given consideration in this because no matter where
the Town goes to purchase land, it is going to be ex-
pensive He suggested that the cost of land at Pleasant
Street should not enter into this at all.
Mr. Noyes said these two committees were supposed to
get together and possibly this discussion was a waste of
time
Mr. Abbott said the Sites Committee thought the Build-
ing Committee and School Committee agreed with the Sites
Committee . He said the Sites Committee has not cnanged
its mind and is unanimously in favor of going ahead with
Moreland and not going ahead with Pleasant
The Chairman said it was his understanding that
the three committees ha< met and were unanimously in favor
of one site
Mr. Cataldo said this was true, but new figures have
come up since.
The Chairman said it was in order for these three
committees to get together .
Mrs. Morey said there was a meeting on January 11 or
19, and at that time , Mr. Steele had talked to White who
said the early figure was wrong and that is why the com-
mittee put $90,000.00. She said the committees all came
together with certain dollars and when the meeting adjourned
that night, the Sites Committee thought all were in agree-
ment and it was settled Then came a letter from Mr. Via no
and then a letter from the Board
Mr. Barnaby said they did agree on Moreland Avenue as
a site. Other facts have come in, an exchange of Tarbell
for Pleasant
Mr. Fisher said the School Committee wanted to be sure
all the facts and opinions had been agreed on and apparently
they have not , and dealing with estimates makes it very
difficult. He said the School Committee agreed to Moreland
as a site and would have been happy to have Pleasant if it
were available .
The Chairman suggested that the three committees and
the Capital Expenditures Committee resolve the figures
and come up with a recommendation that they can all live
with.
Dr. Fobert suggested that the Appropriation Committee
go over the figure
Mr. Blaisdell said such things as streets, access,
sidewalks and everything involved has to be taken into
consideration. He said, with reference to the Appropri-
ation Committee becoming involved, it is too busy at this
time and he did not think it was the Committee 's province
to go out and search for the facts He proposed a com-
mittee come in with a statement of facts and not theoretical
figures which they have now. He said the Sites Committee
Io
CC
CP
did procure Moreland. It can procure Pleasant Street
The School Committee has said either site Now the question
is of getting together the facts and what it will cost
Mr. Abbott said these figures are not as far different
as Mr. Blaisdell thought . He explained A and B are the
same as the School Committee figured.
Mr. Blaisdell said he did not think all the points
involved had been taken into consideration such as the
difference between the cost of sidewalks on the two sites,
what it will cost to develop a road at Pleasant Street and
these are real costs to the Town. He said the $30,000.00
for land has already been spent
Mr. Barnaby said, depending on the Swenson develop-
' ment, they may need Pleasant as well as Moreland in that
area
The Chairman asked if the School Sites Committee was
prepared to answer Town Meeting with these figures.
Mr Abbott said without going into sidewalks and all
the engineering details which they did not have to do.
Mrs . Morey said the School Sttes Committee does not
like the location of Pleasant Street which is too close
to Adams and too close to Tarbell; Moreland Avenue is
better spaced from Adams and Franklin. The development
it sees is in that area of Dailey, Meek, Walker and maybe
1 the Swenson farms from which to draw children. As for
the Pleasant Street area, the Tr-ff is will always be there
The Chairman said he understood the School Committee
has no strong feeling .
Mr. Fisher said the committee agreed to the Moreland
Avenue site.
Mr. Barnaby said the committee would build wherever
it is asked to .
Mr. Lund said there will be a saving at the Pleasant
Street . It is not possible to say there will be a saving
at another site There may be a saving or a loss and he
asked why go ahead with a site that could be a loss
Mr. Noyes asked if there was an article in the warrant
to purchase another site
Mr. Abbott replied there pre two school sites articles
One they have for another site and one fcr this site if the
Town wants to put it in. If not, the committee has another
site which it hopes to work on. There are three sites in-
volved, and Pleasant Street is the third one.
Mr . Noyes said if Pleasant Street is in as an article,
the report makes some sense
The Chairman said the Town Meeting asked a question
and the Board is not obligated to put in an article if in
the wisdom of the committee it decides there should not be
an article, but the Town is still entitled to an answer.
Mr Fisher said the Town raised the question and there
must be an answer because if not, and the committee comes
11
back in the fall to build a school on Moreland Avenue, it
may be too late to answer the question to prevent a reaction
against the school. He said he thought Moreland apparently
was the best site according to the committee and this should
be told to the Town well before it comes in for Moreland
Avenue as a site. He said the School Committee would
operate the school, regardless It would prefer Pleasant
Street, but the important factor is to get the school next
fall.
Mrs. Morey said the Town voted two schools .
Mr. Barnaby said the money was voted for construction
of the Moreland Avenue site . There was a gentleman's
agreement that the construction would be delayed by six
months or a year
Mrs . Touart said it was also agreed to make some
explanation to the Town Meeting She said there should
be an explanation to each Town Meeting Member .
Mr Mabee recalled that the question was raised,
not by the Town Meeting, but by the committee in pre-
senting the article . He said they were not satisfied
with the article and said it would take another look at
another site. It was the committee ' s proposition to
the Town. The committee was not satisfied with Moreland
either after the bids came in.
Mr Cataldo asked if it was the School Committee 's
position it does not want Tarbell.
Dr. Fobert replied it is the least desirable.
Mr. Cataldo asked if the School Sites Committee
was still considering Tarbell
Mr. Abbott replied in the affirmative. He said if
the Committee gets a school site and hes approval of the
School Committee, and it is then turned down, the Com-
mittee will have a site. He said there just is not enough
land.
The Chairman said as he understood it , the School
Sites Com,Attee is willing to support its recommendation
The group retired at 9 :13 P.M.
Mr. Legro, Town Counsel, and Mr. Carroll, Superintendent
of Public Works , returned to the meeting.
The Chairman referred to a telephone call he received
from Mrs. Rhoda Gelles, 30 Turning Mill Road, about plow-
ing the sidewalk He said the Board agreed to plow on Sidewalk
Turning Mill Road but it is not plowing from #30 down to plowing
#1.
Mr. Carroll explained there is no sidewalk there He
said Mrs. Gelles may feel the Town should plow where a
sidewalk will be, but he did not recommend it
The Chairman asked Mr. Gray to contact Mrs. Gelles .
12
et
Upon motion duly made and seconded, it was voted
to grant the following uses of halls :
111
Uses of Lexington Lions Club Cary Hall Glaucoma Clinic
Halls free of charge, but subject to custodian' s overtime
service charge.
Lexington Science & Engineering Cary Hall Dinner
free of charge, but subject to custodian's overtime
service charge.
Stanley Hill Post American Legion Cary Hall Magician Show
free of charge, but subject to custodian's overtime service
charge .
Upon motion duly made and seconded, it was voted
to lay out as town ways the following:
Albemarle Avenue Cutler Farm Road
Skyview Road (alteration) Hudson Road
Frost Road Columbus Street
Saddle Club Road Bennett Avenue
Todd Road Chase Avenue
Turning Mill Road Melrose Avenue
Bruce Road
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen's Meetings held
on January 23, 25 and 27
Mr Legro referred to the warrant for the Annual
Town Meeting and said as he understood the situation,
Articles there is no need in this Town Meeting to have any refer-
ence for the sale of the Old Fire Station Site on
Meriam Street.
The Chairman said he could see no reason for put-
ting it in.
Mr. Gray reported that the Fire Commissioners had
requested that the fire alarm article be taken out and
the communications appropriation be increased by $3,000.
The Chairman said that article would be out.
Mr. Legro said there are three proposed Planning
Board articles ; one relative to contracting with plan-
ning consultants for financial needs and resources of
the Town; one that requests an appropriation for con-
sulting planning for a study and approval to make appli-
cation for Federal funds under "701". He said it would
depend on the outcome of the Planning Board meeting
� 3
Mr. Gray said he thought the "701" was out as far
as this warrant is concerned, what will happen at another
meeting is something else again.
Mr. Legro said he thought he could work with the
Planning Board relative to contracting with Planning
Consultants, etc , was concerned.
Mr. Legro asked the Board if a decision had been made
this evening in regard to #1 Baskin Road. This was sale
of land to Albert Wilson
Mr Gray reported that he would know definitely
tomorrow. He said he did not think Mr. Wilson wants
the land now
Mr. Legro said if anything is to be done about this,
it is on the edge of time.
Mr. Legro advised that the Board should have a vote
from the School Committee in regard to selling this
parcel of land, and Mr . Gray explained that such a vote
had been received.
Mr. Gray reported that he contacted Douglas Ross
with refe--ante to possible exchange of equal parcels of
land at the end of Dawes Roac , originally requested by
Mr. Ross . He said Mr Ross wanted to make an offer but
felt there are circumstances which would provide that he
should not. It was mutually agreed not to insert an
article in this warrant He will meet with the Board
at some future time to discuss an article for another
Town Meeting.
Mr. Legro reported he has nothing on school articles .
Mr. Gray advised the only one Mr. Steele discussed
with him for this To)an Meeting was the Cotton land.
Mr. Legro reported he had nothing on the new school
sites or anything else
Mr. Gray said he was going ahead with the one Mr.
Steele told him about and the Engineering Department is
compiling the necessary information on this one.
Mr. Cataldo said the closing date of the warrant was
extended to January 8 for them and anything that is not
in will not go in the warrant .
The Board agreed to include an article on the acqui-
sition of the Cotton land
Mr .Legro said he had to know what the Board proposes
to do in regard to the Hunt Block before he can possibly
prepare an article
Mr. Cataldo said there will be two articles ; one for
the front taking and the second one would be the permission
to sell it back
co
cr
rt
Mr. Legro said the Board might propose to exchange the 111
rear land in part payment for front land.
Mr. Cataldo said that was correct .
Mr. Legro explained since it is not part payment, the
Board will not be setting a minimum price for it, which the
Statute requires, so some consideration will have to be
given to that
Mr. Cataldo asked if Mr. Legro thought this should be
put in as an exchange.
Mr. Legro said he did not think it was going to work
out that way because the front land has a building on it
and the rear land does not, so it can't be an exchange.
He said some thought will have to be given, assuming that
the rear land was acquired, by some way other than purchase
He said the rest of it appears to him, from the plan he has
seen, to be within the location of Depot Square and he has
no knowledge of how that was acquired and neither does
anyone he has talked to. He said it may be necessary to
set a minimum value t.rere. He said there is a question
as to the location of the line because a taking of
Twenty-six feet would leave about a four-foot offset from
the present building line. He said twenty-six feet is
four feet less than the building line taking at that
point .
Mr. Cataldo said if they are going to enlarge the
building, it might .
Mr .Legro said this might be in much the same posi-
tion as the fire station lot . As he saw it, the taking
line would run from the common boundary of the Investment
Real Estate Trust of America and the northwesterly boundary
line of the Hunt property. This would be an acquisition
of that to acquire the land bhe building or portion of
buildings within that area He said it would have nothing
to do with the question of the layout of Massachusetts
Avenue which will necessarily come later because there is
not enough time left.
Mr. Gray reported he received a call from the Jayvees
regarding charging for the enclosed field They have
Use of applied for theuse of the field for a circus . The
enclosed question has come up because of a charge on recreation
field property He said this is a broader question than just
the enclosed field It is charging for anything on pro-
perty owned by the Town acquired for recreational purposes
Mr. Legro advised it is generally held that admission
cannot be charged.
The Chairman said then the Board cannot give the
Jaycees permission to use the field and charge admission
He asked Mr. Gray to so advise the Jaycees
Mr. Legro retired at 10 :18 P.M.
15
,~ Upon motion duly made end seconded, it was voted
to recommend an appropriation of $213,500 .00 for Sewer Sewer
Construction - Sundry Streets Construc-
It was further voted not to recommend installation tion --
of sewers this year in Burlington Street, Cushing Street , Streets
Demar Road and Turning Mill hoed, Dewey Road, Grandview
Avenue, Meriam Street, Redcoat Lane, Sullivan Street,
Winter Street, Wright Street and Wyman Road.
Mr. Carroll retired at 10 :45 P.M.
Mr. Gray reported that Anne Barnes, Clerk in the
Building Department, is leaving her position to be
married and will be living out of Town. He said that
he and Mr. Irwin thought there might be a Junior Clerk
already working for the Town who would be interested
in applying for this position If there is no indication
of interest, he will advertise
It was agreed to make the vacancy known to the
employees .
Mr. Gray referred to the projected pay plan ap-
proved by the Board for the sixth step and longevity
He said there was no discussion at the time the plan
was proposed in regard to employees being paid on a
flat rate, such as the Civil Defense Director, Veterans 'Agent, and the Inspectors Salary
The Chairman asked if the individuals to whom he policy
referred were part-time employees, and Mr. Gray replied
in the affirmative
Mr.Sheldon said he did not think this group should
participate, as the plan was intended for full-time
employees
Mr Burnell said the Board decided not to include
any part-time employees
Mr. Cataldo said this wa discussed Saturday, and
it was decided to take each case individually
Mr. Sheldon said longevity does not apply to part-
time employees.
Mr. Gray said he assumed longevity does not apply
to elected officials.
Mr. Burnell said he could not see how they would
come under this
Mr. Gray said, as he understood it, the policy
applies only to full-time employees and does not apply
to elected officials for either the sixth step or the
longevity.
Mr. Cataldo said there are part-time employees who
do not have to be here every day, and there are others
who have to be here every day
Mr. Sheldon said that is a matter of an individual
co
16
cr
et
Aw
The Chairman said, to the best of his memory, the
Board had not considered part-time employees in this
program
Mr Edward Gourdeau, fireman, met with the Board
and said as of this date, he has not received any notice
in regard to his retirement except what he has read in
the minutes of the Selectments Meeting and read in the
Minute-man He said he has letters from seven doctors
Gourdeau he could return to light duty work and letters from five
Retirement doctors at the Symmes Hospital saying he could return
to light duty, but he has never received any official
notice. He reported he went to the East Lexington
Fire Station and the Commissioners stated the Selectmen
had submitted his resignation to the Retirement Board
for processing. He said he felt it was unjust and the
letters submitted to the Retirement Board were an in-
justice to him. He said he was discharged from the
hospital on January 15 and is qualified to return to
duty The Board of Fire Commissioners said the process
was going through and they would wait for theState and
Town doctors . He said this would take about two and
a half or three months . He said he has asked to be
returned to light duty until this procedure has come up
before the Retirement Board. He said he is paid each
week but would like to return to duty. He was injured
at a fire and the Fire Commissioners said tonight they
will not allow him to return to duty. He said he feels
he should be permitted to return until the process goes
through. He called the State and was told this would
take three months . He told the Fire Commissioners he
would report for duty at 8:00 A.M. in uniform ready for
duty every morning. The Commissioners said he would be
told to return home . He said he understood if the process
goes through and he has to retire, there is nothing he can
do about it.
The Chairman said this is now going through process
Mr. Gray said this retirement is being processed.
Thi request was initiated by the Fire Commissioners and
the Selectmen are carrying on the initial request. He
said the Selectmen have received nothing verbal or written
that this process should be stopped, and any change will
have to be initiated by the Fire Commissioners .
Mr. Cataldo said Gourdeau is questioning the right to
go back to work in the meantime.
Mr. Sheldon said that is up to the Fire Commissioners
and there are four or five men on limited duty which be-
comes involved in the shifts and is very complicated . He
said if the Commissioners feel this would create a problem,
it is their decision, and he would be adamant in reversing
any decision the Board of Fire Commissioners have made.
17
The Chairman asked if the Selectmen had the right to
reverse the decision.
Mr. Sheldon said he would not consider it .
Mr. Cataldo asked if the Commissioners had the right
to stop Mr Gourdeau from working, and Mr. Sheldon replied
they certainly do. They determine whether a man should
or should not work
The Chairman said Mr. Gourdeau had heard this was
under the jurisdiction of the Fire Commissioners who
initiated the request and which the Board of Selectmen
approved.
Mr. Gourdeau said exceptions have been made and he
was willing to go back to work.
The Chairman explained if there are any exceptions,
they will have to be made by the Fire Commissioners and
not by the Board of Selectmen
Mr. Gourdeau retired
Upon motion duly made and seconded, it was voted
to adjourn at 11:10 P.M.
A true record, Attest :
__aced y Clerk, S lee c men
l I G
* fix( � uf