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HomeMy WebLinkAbout1964-11-30-min C rl Q1 SELECTMEN'S MEETING November 30, 1964 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, November 30, 1964, at 7 :30 P.M. Chairman Cole, Messrs . Brown, Burnell, Cataldo and Sheldon were pre- sent . Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present Hearing w.s declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate four poles on Hartwell Avenue. Mr. Serverson, representing theBoston Edison Company, was the only person present at the hearing Pole Notices of the hearing were mailed to the peti- locations tioners, owners of property as listed on the petitioners ' plans and also filed with the Superintendent of Public Works. Mr. Serverson explained it is proposed to locate four poles to put some service into the Sanitary Land Fill area. 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 3/o pole lo- cations o- cations Hartwell Avenue, southeasterly side, opposite Maguire Road, -- One (1) pole Hartwell Avenue, northwesterly side, at an northeasterly from Maguire Road , -- Three (3) poles Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate two pales on Aerial Street . Mr. Serverson, representing the Boston Edison Company, was the only person present at the hearing Notices of the hearing were mailed to the peti- tioners, owners of the property as listed on the peti- tioners ' plans and also filed with the Superintendent of Public Works . Mr. Serverson explained the petitioners are trying to fill in the gap and ppt a ring around there to get better service because of a voltage complaint . 19-T II Mr. Cataldo al o asked what the ro osed pole locations P P would serve. Mr Serverson replied there is a voltage condition there and it is proposed to put a transformer on one of the poles. They want a ring in this area Mr Cataldo said the individual who made the com- plaint does not want these two poles and said he would rather live with the problem than to have the two poles. Mr. Serverson explained the only reason for the poles is to tie the linethrough so entrance can be made either way Mr. Cataldo asked if that was necessary. Mr. Serverson replied it was ideal from an engi- neering point and also from a construction point . Mr. Cataldo suggested waiting until he had an opportunity to find out what this individual had to pay. Mr. Serverson said if he ob ects and has a voltage problem, he will have only himself to blame The hearing was declared closed, and upon motion duly made and seconded, it was voted to hold the peti- tion over for one week At 7 :35 P.M. , hea ing was declared open upon peti- tion of the Pinecrest Realty Trust, W tertown Street, for permission to maintain an underground tank for the Fuel oil storage of 5,000 gallons of #2 fuel oil. hearing Notices of the hearing were mailed to the peti- tioner, owners of the property deemed to be affected as they appear on the most recent local tax list, and also advertised in the November 19, 1964 issue of the Lexington Minute-man The application was approved by B J Belcastro, Chief Engineer, Lexington Fire Department . One gentleman, who neglected to give his name, said he was pre=ent at the request of an abutter who had a question about the possibility of a hazard The Chairman explained installation of fuel oil tanks is a common thing. No one else wished to be recorded in favor or in opposition. The hearing was declared closed, and upon motion duly made and seconded, it was voted to grant a license to the Pinecrest Realty Trust to maintain an underground tank for the storage of 5,000 gallons of #2 fuel oil on premises located at 30 Watertown Street Mr. Cataldo abstained from voting. The Chairman read a letter from the tate Bureau 1 of Accounts advising that approval has been given to the 4 0 C77 payment of a judgment rendered against the Town of Lex- ington in favor of Ruth C. Johnson by the Superior Court of the County of Middlesex in the amount of $2,000. Mr. Legro explained this is a taking for the sewer easement and the judgment was entered by agreement of the 'arties under the authority of the Board of Selectmen He stated that the appropriation having been exhausted and the tax rate having been set, he had to apply to the Director of Accounts for approval The Chairman read a Petition for Declaratory Relief begun by B. L. Cummings , Inc. Mr. Legro explained that the milk inspector after a series of testing and laboratory reports, he thought on September 15, revoked Mr Cummings ' license to sell milk in Lexington. At the request of tye dealer, the Board of Health held a hearing on September 28 and granted a temporary permit to October 5, pending further investigation The dealer applied to the State Board of Health from the revocation of the license Prior to October 5, as a result of further tests, the Board of Health notified the dealer it would not reinstate his license and that the temporary permit had expired The dealer brought a petition for Declaratory Relief against the Milk Inspector and obtained a preliminary restraining order. He said the Inspector had filed a complaint to the District Court in Concord for selling milk withouta license and the dealer was fined $25. After the petition was brought , the Inspector again found him in violation and brought him to Concord Court and th. t is pending. He explained this is another petition for Declaratory Relief which goes beyond the officials of the Town and is a very unusual situation. He advised the Board that there is no action for the Board to take. The Chairman inquired as to the status of the Cummings ' building at 475 Massachusetts Avenue Mr Legro st .ted that last he heard was that an inspection of the premises was to be made by Mr Cummings ' Gray and Mr. Irwin. property Mr. Cataldo said it was left that Town Counsel was going to stop at the Registry. Mr. Legro advised that he has not stopped at the Registry, and has not received any report The Chairman asked if the Board knew that Mr. Cummings has an interest in this property. Mr. Legro replied that Mr. Cummings admitted to the Board that he had an interest. The Chairman asked if the Board could direct any order to him, and Mr. Legro replied he thought it could 461 He said it was left that Mr. Gray and the Building Inspector would go down and examine the premises The Chairman said the Board knows the situation Iias not changed and it can order him to put that pro- perty in more suitable condition. He said Mr. Cummings agreed that within two weeks he would have the building boarded up. Mr. Gray explained that the question of issuing the order came on the title Mr. Sheldon suggested that the Board serve a letter on Mr. Cummings and give him two weeks to do something or the Board would take him to Court or whatever is necessary Mr. Legro suggested that the Board review the records. He said another hearing may be necessary. Mr. Sheldon said the Board could review this and have Mr. Cummings in next Monday night Upon motion duly made and seconded, it was voted to hold a hea ing on the conditions of the property at 475 Massachusetts Avenue, on Monday, December 14, 1964, at 8:00 P.M. The Chairman read a letter from Franklyn J. Crosby, 30 Baker Avenue, dated November 19, 1964, requesting the Board to ask Town Counsel for his legal opinion in regard to General Laws, Chapter 268A Crosby The Chairman also read a letter from Mr . Crosby, inquiries dated November 23, 1964, questioning the legality of Article 14 in the warrant for the Special Town Meeting. November 23. The Chairman said if it is the Board 's decision, everything would be put in writing; a letter would be written to the Town Counsel to obtain answers to the various questions Mr. Crosby has raised. Mr. Cataldo stated that Mr . Crosby is asking the Board to request a ruling from Town Counsel . The Board authorized the Chairman to take care of the matter. The Board received a copy of Mr. Legro 's letter to Mr . Carroll, Superintendent of Public Worksin re- gard to Elsie M. Miller v Town of Lexington Middlesex Superior Court No . 257001 Upon motion duly made and seconded, it was voted to abate the entire sewer betterment assessed against the property of Elsie M. Miller at 134 Burlington Street, Lexington, in the amount of X850.42 together with 1963 and 1964 committed interest in the amounts of $33.05 and $32.32, respectively, and including the 1963 and 1964 apportionments of $42.54 and $42.52, respectively 462 17-1 Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating, or voting on ;tatters which, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of Executive any person. Session Following a discussion with representatives of Whitman & Howard, a legal matter with Town Counsel and a land taking damages claim, it was voted to resume the open meeting Mr. Legro retired at 8:30 P.M. The Chairman read a letter from Robert F. Strong, 11 Manning Street, Lexington, applying for abatement of a street betterment assessment in the amount of $881 Strong levied against his property, 11 Manning Street street Mr. Carroll presented a plan and indicated Mr. betterment Strongts property. He also indicated to the Board the amounts assessed against other lots on the street Mr. Strong was present at the meeting. Mr. Cataldo asked if the easement shown on the plan was the lot line and Mr Carroll replied in the affirmative. The Chairman asked if all betterments were assessed on just the frontage. Mr. Carroll explained on streets, which is the subject being discussed, everything is assessed on the frontage. Mr. Strong said the easement extends all down one side of the property line, is five feet wide, the full depth of the property. Mr. Carroll explained that this easement has nothing whatever to do with the street construction and was taken eight years ago. Mr. Cataldo asked if the brook was piped in, and Mr. Carroll replied in the affirmative. Mr. Cataldo said Mr. Strong was making the basis of his application, the fact that he has a pie-shaped lot Mr. Utrong said the house was built probably after the easement was put through. He said he has no ob- jection to paying $8.00 per foot but he is unhappy about the fact that with the amount of frontage he has, he has such a small amount of yard. He said in addition to the land area being small, he also has the easement on the side which does prevent him from any expansion or enlarging which he was intending. He said if the lot were more of a standard width, be would nave no ob- jection whatever. He said the frontage is out of pro- portion to the area inside He stated if it is the Town' s policy to consider such things and an abatement is in order, he would like to be considered. tot) The Chairman asked if the Board had anything such as this in the past, and Mr.Carroll replied not to his knowledge, on a street. Mr. Burnell asked how this would be handled on a cul-de-sac Mr. Carroll replied on the frontage. He said the Board has received requests for abatements of sewer as- sessments levied on pie-shaped lots, but not on streets . Mr. Strong stated he purchased the house and the lot knowing w hat he was getting into, and the street was not built at that time . He said since it is an odd shaped lot, he was hoping the Board would consider an abatement Mr. Carroll asked if Mr Strong digned the petition for acceptance of the street Mr. Strong replied in the affirmative and said he thought the frontage was out of proportion and his price per frontage was objectionable The Chairman asked if Mr Strong was objecting to the method of assessment, and Mr . Strong replied in the affirmative. Mr. Burnell said there must be a pattern of handling these Mr. Sheldon explained the pattern is the Town dharges for the frontage foot . Mr. Cateldo explained if the board changed the pattern just on this street , there would be three types of assess- ments . Mr. Brown pointed out the Board could run into this situation on every street accepted by the Town. Mr Cataldo said unless the Board could find anything different, and he knew of iothing different, this is the Board ' s normal procedure to go on the front foot formula Mr. Sheldon said he agreed The Chairman asked Mr. Carroll to look through the records and see if anything similar to this has come up in the past Mr. Strong and Mr. Car oll retired at 8:40 P.M Mrs . Morey, Mr . Richards anc Mr. Hoyt of the Human Relations Study Committee met with the Board, discussed progress of their st ,dy and retired at 9 :25 P.M Chief John W. Rycroft, Lexington Police Department, met with the Board He said the matter of holiday pay has never been straightened out as to how he is going to operate He stated that the Fire Department and his department are the only two that run into this type of trouble He 46)4 ks) t7t explained his men work in a full day, certain days in a week, sixteen hours They go to work at midnight until eight in the morning and come back again at four and work until twelve That gives them sixteen hours for that day The next day, they come in at four and work until twelve He said the Board could forget about the day men. They work eight hours He said this is what can happen and is happen&iag A man who will come in at midnight on the eve of which will then be a holiday. He works until eight in the morning of the holiday. He is due to ccme in again at four and therefore calls in sick if a person who does not work on the holiday when he is supposed to work, be- cause he is sick, he does not get that day's pay If a man does work intil eight in the morning and does not come in in the afternoon, give him half a day. If a man working thus does not work the day time, he loses a day 's pay. He said anyone who is supposed to work six- teen hours and only works eight should get only one half a day's pay for the holiday He will get his pay for sickness anyway. Mr. Gray said if the firemen do not work the day before, they are not paid. They have to work the day before to get the next day Mr. Cataldo asked abut the men who was sick two or three days The Chief stated he was not going to pay him This is something as a gift, and has nothing to do with his base pay. Mr. Cataldo said the Chief wanted to stop someone from calling in sick when they are not, and still get their pay for the holiday He asked about penalizing the fellow who is really sick The Chief said he thought this was the only way to do it . Mr. Sheldon asked how long the men were sick before a doctor' s report was required The Chief replied they have fifteen days a month to go to 90 days, and said the Town sets up the sick leave Mr. Sheldon said he ws under the impression the Fire Department did not let it go much more than a day without getting a medical report The Chief said that has never worked out very well under Civil Service Mr Burnell said if an individual is out all together too much in his place, he is let go, which is the only way to handle it The Chairman said the Chief is suggesting if a man works only one day shift that he get one-half day' s pay. If they work both sifts, they get two days ' pay 465 Mr. Sheldon asked if this was a ruling that the men will feel is a fair ruling and like it The Chief said he has nit run into this. He said men who always work will think this is fair He stated this is an opportunity to stop toe abuse and he thought he could live with this rule . He said if a man is really sick, he could always come back to the Board and ask it to make an exception Mr. Carroll asked if the Board would receive any complaints and said the policy adopted by the Board says an employee shall have worked the day previous to or after the holiday or .Ihich is authorized leave Mr. Gray said this ruling under discussion does not affect any department other than the Police Department Mr. Gray said the Board is on record that the Police and Fire are on the same schedule for holidays as anyone else Mr. Cataldo said the Board left it to the juris- diction of the Chief; the Fire Department has its own setup. The Chief stated that last year there was no one sick, so there was no problem Mr. Sheldon said as far as he is concerned, he would so with the Chief. The Chief said the men are paid for seven days a week They call in sick. They have fifteen days a year accuma- lative to ninety This is something given by the Town and he thought he had the right to govern it . He said he was making it retroactive Mr Burnell said the Board is on record that these employees will get holiday pay and it has nothing to do with their working schedule It was taken out of the working schedule because it was so cumbersome to handle The men were to get all these agreed holidays, to be paid twice a year The Chief said nothing was said about 4hen to pay the men They asked him to hold it until the end of the year in December. Mr. Cataldo said when the Board voted holiday pay, the Chief mentioned someone calling in sick and the Board told him it would leave it up to his discretion Mr. Gray read a memo which was sent to the Chief and to the Fire Deprtment . The Chief said he wanted a letter stating exactly what the Board has agreed to Mr . Cataldo said if the Board does this , then the Fire Department has the other in operation and the fire- men will come and say they want their pay. He said the Board left it, at the time , to the discretion of the dep -rtment heads and all the Chief is asking is for the -466 Board to back him up if he administers it this way Mr. Gray suggested that the Board make score how the Fire Department is handling this . The Chairman said the Board left the handling of holiday pay under the jurisdiction of the department heads. Mr Gray said the point he wos making is the Board has a memo that the men know about, and they are all under the impression they son't get paid if they call in sick Mr Cataldo said the answer will be the Board left it up to the discretion of the Chief. He said if these fellows did not call in sick, there would be no problem. This does not affect the individual who comes in to work The Chairman asked if the Board wanted to leave the administration of holiday pay up to the department heads The Chairman stated that the Board has delegated authority to the department heads to handle this and how they handle it is up to them. Mr. Brown questioned making it retroactive to the first of the year . Mr. Sheldon said the Chief has good reasons for wanting to do it this way; it is his problem and he would go along with him. Mr . Cataldo said the Chief spoke to the Chairman about the School problem and asked if he sent the Com- mittee a letter rsking it to meet with the Board next week He said the Board was goingto set up a joint meeting with the School Committee, Standing School Building Committee and School Sites Committee and sug- gested having the School Committee in a little earlier. The Chairman asked if Mr. Cataldo wanted the Chief in at the same time, and he replied just to meet with the School Committee. Chief Rycroft retired at 10:00 P.M. Messrs . Legro, Town Counsel, and Carroll, Super- intendent of Public Works, returned to the meeting Mr. Carroll reported that Frederick Maloney is Sick still out sick and both vacation and sick leave is ex- leave - hausted Mrs. Maloney told him today she does not know how much longer Mr. Maloney will be out. The Chairman asked if Mr. Carroll was asking for an extension of Mr. Maloney's sick leave and he replied in the affirmative. Upon motion dulymade and seconded, it was voted to extend Frederick aloney' s sick leave through December 31, 1964. Mr. Carroll asked the Board what it wanted to do about the public Works Building, money being made avail- able for plans -ind specifications . ft The Chairman said the Board 's idea is it will Public probably want this barn with additions and alterations Works then it will bring in some of the opposition - the Building Appropriation Committee and Capital Expenditures Com- mittee. Mr. Cataldo said theBoard was not going to have a committee . The Chairman suggested a committee consisting of a member of the Appropriation Committee, a member of the Capital Expenditures Committee, a member of the Board of Selectmen, Mr Gray and Mr . Carcoll Mr. Cataldo said there is no question but the Board should talk to these people He suggested that the Board should decide what it is going to take out of the Town Office Building to go up to the Public Works building, if anything He said secondly the Board should sit down with the Appropriation Committee and the Capital Expenditures Committee and tell them this is what we have in mind . The Board is going to look at other installations and talk with an architect He said the Board could keep these two committees in- formed as it goes along, but should have some answers first Mr . Sheldon said the Selectmen' s thinking should be clearer than his is at the moment Mr C taldo said the Board should decide first if it is going to move anything from the Town Office Building, Mr. Sheldon suggested that first Mr. Gray and Mr Carroll discuss this and then the Board could think about what it wants He said when some preliminary work has been done, the Board could then invite these two com- mittees in Mr. Brown suggested that Mr. Carroll think of this simply on the mechanical facilities at the barn and then what it would be to move something from the Town Office Building. The Chairman said if these two committees were represented in the beginning, the Board would nave a better chance to have no opposition. Mr. Carroll stated there is much hard feeling from both groups toward the Board of Selectmen. He said he would have no objection to having these people work with him. He said letters informing them of what is being done could be written, but would not give any better knowledge than having someone from each group on a com- mittee. He felt it would be to the Selectmen 's advan- tage to have these two groups understand what is going ' on 468 $:,G 1. ►pN 36,4/� Mr . Brown said he agreed with Mr. Carroll Mr. Gray said the support of both groups was needed Mr. Cataldo said the Board might get them in and ask them if they would like to serve, but the Board should have some decisions made, before getting these two committees involved, about what is going to be moved from the Town Office Building. Mr. Carroll said he did not think the Board could arrive at a logical decision on what is going from the Town Office Building unless it makes some studies Mr . Cataldo said the Engineering Department is going to grow, and asked if the Town Office Building were ex- tended if there would be sufficient space to set it up as Mr. Carroll would like to have it. Mr. Carroll replied unless someone proves to him, and no one has yet, the Engineering Department is tied into the Town Office Building. He said he felt it should remain in the general area oftthe Town Office Building. He said this goes for his own personal office also. Mr . Sheldon asked if Mr. Carroll and the Engineering Office remained in the Town Office Building, what would be left to move Mr. Carroll said that is the question He said his feeling is there is too close a tie between the Engi- neering Department and the other two buildings to satisfy the people of the Town. He explained that an attempt was made to find out how many people coming into the Engi- neering Department also went to other offices in the building. He said it would be very awkward for an indi- vidual getting a building permit to have to drive to the Engineering Department . He said someone from the Engi- neering is always going over to the Assessors . At least every day someone goes to the Assessors ' Office . He said it would be inconvenient for the public as well as the Engineering Department to move it to the Public Works Building. Mr. Cataldo asked if he agreed that Mr. Colella and Mr. Mazerall could be moved to the Yuhlic Works Buildire. Mr. Carroll replied in the affirmative and said that would mean only a couple of desks . Mr. Cataldo said office space would have to be pro- vided at the Public Works Building for whatever is moved from the Town Office Building, and moneywise nothing would be gained. Mr. Cataldo said even if the Engineering Department were moved, the Town Office Building has to be enlarged . Mr. Carroll stated that at least ten times a day the Assistant Town Engineer is in his office or he is in the Assistant 's Office 469 Mr Cataldo said the Board should nave an architect in and he would tell the Board how much it will cost. Mr. Carroll said it is not entirely a matter of cost, that some thought has to be given to the convenence✓ of the public Mr. Sheldon suggested that the committee study that phase also . Mr . Burrell said one procedure is to call in these groups and set up a committee with Mr. Carvoll and Mr. Gray forming the special background It was agreed to invite the Appropriation Committee and Capital Expenditures Committee Chairmen to meet with the Board on Monday, December 14, at 8 :30 P.M. Mr. Carroll retired at 10 :20 P.M. The Chairman read a letter received by Mr. Carroll, Town Clerk, from Irving H. Mabee, a member of the Stand- ing School Building Committee, in which he disclosed his Exemption financial interest in a contract which may be made by the Standing School Building Committee for the construction of the proposed MiddlOy Road School or the proposed Moreland Avenue School Upon motion duly made and seconded, it was voted to approve the exemption of Mr. Irving H. Mabee ' s interest from Section 20, Chapter 268A of the General Laws The Chairman read a letter received by Chief Rycroft from Officer Albert W. Koch, resigning from the Lexington ResignEtior Police Department. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $325 from the Reserve Fund to the Planning Board Transfer Expenses Account , having been advised th t this amount will be needed by that Board for the balance of the year. The Chairman read a letter from Mr. Donald K. Irwin, Building Inspector, advising that he has been elected to the Security Committee of the Arlington Cooperative Bank. One of the duties of the committee is to survey Building mortgaged properties which he explained is customarily Inspector done during the normal working day and requires from one to three hours . It was agreed to ask Mr. Irwin to meet with the Board on Monday, December 7, 1964, at 9:15 P.M. , to discuss the subject 4 7 00 1 - Upon motion duly made and seconded, it was voted ' Resignation to accept with regret Mr. John J. Rudd 's resignation as a member of the Town Celebrations Committee . Upon motion duly made and seconded, it was voted to re-appoint Mr. Philip B. Parsons a regular member Appointment of the Historic Districts Commission for a term expir- ing January 1, 1969. (The Clerk to contact Mr . Parsons to find out whether or not he will accept 7 Upon motion duly made and seconded, it was voted ' Appointment to appoint Mr Donald White, 212 East Street, an Associ- ate Member cf the Historic Districts Commission for a term ending January 1, 1968, to replace Ralph Burnham. Upon motion duly made and seconded, it was voted to grant permission to the Minute Man Highlands Associ- Use of hall ation to use Estabrook Hall for its annual meeting on January 30, 1965 from 8:00 P.M. until 10:30 P.M. , free of charge, but subject to a fee of $3.46 per hour for custodian's overtime services . Upon motion duly made and seconded, it was voted to grant the following licenses , satisfactory references having been received from the Police Department and the Board of Health: Howard D. Johnson Co Common Victualler Brewster 's, Inc . It it Heritage Room Restaurant Pine Meadows Country Club " " Licenses Regent Delicatessen Lexington Motor Inn, Inc. Innkeeper ' s Robert J . Dubin Second Class Agent Lexington Liquor Mart Inc. Package Goods Store Joseph Trani, Incorporated " Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen' s Meeting held on November 23, 1964. Mr. Gray reported that he had received a request from the Battle Green Chapter, Order of De Molay, for permission to operate a food concession at the Santa Claus parade on December 6 Upon motion duly made and seconded, it was voted to advise the Order that the Board has no objection providing the booth is not located on Town property and permission is obtained from the owner of the pro- perty where it is to be located . 471 Mr . Gray referred to an offer for the purchase of tax title lot 79 Valleyfield Street and read a report he received from the Planning Board . He also advised the Board that an appraisal of $600 had been received from Mr. Berglund Tax title Upon motion duly made and seconded, it was voted to request Mr. DeVito to make a firm offer. Upon motion duly made and seconded, it was voted to adjourn the meeting at 10:45 P.M. A true record, Attest / -Eiive lerk Select n