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HomeMy WebLinkAbout1963-12-30-min 28 e": tr SELECTMEN'S MEETING December 30, 1963 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, December 30, 1963, 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 Letter from Carl Blake, Chairman of the Town Meet- ing Members Association, with reference to Town Meet- ings, was held over. Mr. Legro stated, with reference to item #1, the recording of all Town Meeting proceedings, that he thought the cost should be considered and whether it would tend to inhibit free debate. He said there would be transcribing and certain people don't like to make public speeches and will make them only when they can do it in comparative privacy. Then there are those people who like to talk. He said where this has been done, it has been used to harass speakers . It tends to encourage quoting statements afterwards, and if there is a question raised about something said at a prior meeting, it can delay the meeting while waiting for the records to be brought in. Item #2 in the letter referred to the establishment of a policy of airing By-Law changes and similar actions prior to the holding of formal public hearings regarding these changes Mr.Legro said he thought what they are referring to pertains to the Planning Board. He said he thought more important is that there be more time for the Planning Board or any Board sponsoring an article, before the formal hearing is held He said he thought this is where the difficulty lies, the fact that Town Meeting Members don't have the information beforehand. Mr. Cataldo said the Planning Board is extremely busy now, and if Town Meeting Members attend the Planning Board meetings, that should take care of it Mr. Legro agreed, and said much of this could be accomplished by formulating plans in advance. He said for the coming Town Meeting, he has mentioned that the Planning Board hold its hearings well in advance of the legal time limit ; then if something serious turns up, there would be time for another meeting. Mr. Sheldon said the Planning Board is always meet- ing deadlines. ' 29 Mr. Cataldo explained his thinking is that the Planning Board is so busy now, if these people attended the Board 's meetings they could obtain what they are looking for. Mr. Legro said open meetings might retard the results. If the Planning Board takes the time on the zoning, it is the group best qualified. He stated that the mere fact there is a difference of opinion in the Town Meeting Members will not be solved by a meeting beforehand. Mr. Sheldon mentioned the publicity angle which is up to the press. Mr. Cataldo said if this group justimants information, it should not hold the meeting up, but if they want to argue, it will. Mr. Brown said this is whet they want to do. Mr. Legro advised that all of these things have a tendency of breaking down the Board form of government and that is not good. Mr. Sheldon suggested referring this section to the Planning Board and ask for its suggestions . He said that Board may have an idea of how this could be imple- mented. The Chairman said Mr. Blake stated he was going to see the Planning Board. ' Mr.Legro said the first item partly involves the Moderator and partly involves the Town Clerk; recording the votes is in the Town Clerk's jurisdiction and con- ducting the meeting is within the jurisdiction of the Moderator. The Chairman said he still thought item #1 was a policy decision of the Board of Selectmen, and w2 is definitely for the Planning Board. Mr. Legro said item #3 encourages a further departure from the orderly procedure of presenting the articles to the meeting. Most of the articles involved, including the one to which Mr Blake refers, are articles that are presented primarily for private interest If they are not for private interest, but have general interest, they come through the Board of Selectmen and the Board generally sponsors the article . Mr. Cataldo said he agreed with Mr. Legro. If there is an article important enough to affect the majority of the Town, some Board will sponsor it. The Chairman said there are differences of opinion. Mr. Cataldo said the Boards are here for a purpose, for the benefit of the majority. The Chairman said there is a difference of opinion as to what is good for the Town. He said this small group may disagree with all the Bo -,rds and with its Cr article, it may be able to have it passed by the Town Meeting. Mr. Sheldon said he agreed with Mr . Cataldo. He said any group that has a suggestion for the Planning Board or for any other Board, should go to that Board first and explain it . Mr. Brown said he did not think there was any justi- fication in these groups having help of Town Counsel. Mr. Legro said the question could be stated very simply. The Board is saying, in effect, that a given article is not of general interest enough to sponsor it or permit its insertion, but it is saying, on the other hand, that the same article is of sufficient interest so that Town Counsel should draw the article . Mr. Sheldon said the Board could not stop them be- cause they can get the required number of signatures to insert an article. Mr. Cataldo said let them present it and let them do their own legal work. Mr. Sheldon said this would probably add ten more articles in the warrant . Mr. Legro said it would be an impossibility to work for the Board of Selectmen and the Town Meeting Members; it just cannot be done. Mr. Burnell asked how these people would go about having an article properly written. Mr.Legro explained that he and previous Town Counsels have been more than willing to assist in the dimiig of certain articles . However, Town Counsel has to be very careful because should there be anything wrong with the article, the Town Counsel will have to take the blame . He explained that the drafting has to be done with extreme care. Mr. Cataldo reported that there are attorneys who specialize in municipal law who can be retained Mr. Legro stated that it comes down to the Board of Selectmen to determine whether it is an article it wants to insert in the warrant . It does not have to approve the article. He said when the Board goes beyond that , it says to the Town Counsel we want you to do it but we don't want any part of it. The Chairman said the Boards have always given weight to any request fromthe Town Meeting Members Association in requests for articles . Mr. Cataldo said if the Town Meeting Members Associ- ation wants an article, that is one thing, but if just a group of Town Meeting Members want an article, it should be looked upon differently Mr. Burnell said the Mental Health article was a personal thing rather than something pertaining to the Town. 31 Mr. Legro said if the Board added anything to the burden of the Town Counsel at Town Meeting time, it will be taking time away from town sponsored articles. The Chairman said he would wait to hear from the Planning Board and make a policy decision as a Board . The Chairman read an Order, received from the De- partment of Public Utilities, relative to the Boston Exemption Edison Company land and the electric substation equip- from zoning went installed or to be installed from the operation of the zoning By-Law of the Town. Mr. Legro said this subject was one which he had reported on before. The Chairman read a letter from Alfred P1 Tropeano, on behalf of the Vine Brook Realty Trust, sug- Worthen Road gesting the release of $l5,625.89 in connection with construction construction of a portion of Worthen Road by B. J. Pentabone. Mr Carroll said he would like to check the sub- division to be sure all the work is done . He said there was some minor work which he knew wasnot done yet to his satisfaction. The Chairman said he would hold the letter until Mr. Carroll reported back to the Board next week. Mr. Carroll said then it would be up to the Board to make its decision. Mr. Carroll advised the Board that he needs another transfer of $8,549.59 for snow removal. Transfer Upon motion duly made and seconded, it was voted to request the Appropriatinn Committee to transfer the sum of $8,549.59 from the Reserve Fund to the Snow Removal Account. The Chairman read a letter from Raymond Scheublin, President of the Lexington Trust, inquiring about the possibility of eliminating parking of cars on the northerly side of Muzzey Street, between the rear of the bank and the Old Barn property. Traffic Mr. Carroll reported that Mr . Scheublin called him after he wrote this letter . The real problem is the right of way to the rear is narrow and Mr. Scheublin thought widening the entrance might make it a two-way Mr. Carroll said this involves moving a telephone pole with many wires and he thought the best thing to do would be to refer the matter to the Traffic Study Com- mittee. Upon motion duly made and seconded, it was voted to refer the letter to the Traffic Study Committee for study and recommendation. : 2 Cr The Chairman read a letter from Robert H. Holt, President of the Trustees of the Isaac Harris Cary Cary Educational Fund, relative tothe condition of Cary Building Memorial Building. Mr. Carroll said he thought the Board knew the problem and he had no further comment to make. The Chairman said he would answer Mr. Holt 's letter. The Chairman read a letter from Mr. John H. Devine, with further reference to the sewer assessment levied against "Tennis Court Lot" on Slocum Road. Mr. Carroll reported that he talked to Mr. Devine today. He is in the process of recording a plan through the Planning Board and Board of Appeals to make this a separate lot . The plan is not recorded but he does want an abatement for the Tennis Court lot. He recalled that the Board agreed to an abatement if Mr. Devine divided the lot The Chairman said no action could be taken on this now. Mr. Carroll explained that the time within which to file a request for an abatement would expire this month. Mr. Legro asked if Mr Devine had his request on file within the six month period, and Mr. Carroll replied in the aff irmat ive. He said that is what he is trying to do. At 8:00 P.M. , Messrs. Albert W. Hruby, Burton E. Williams, and Temple E. Scanlon, appointed to the Lex. ington Housing Authority, met with the Board. The Chairman explained that the Selectmen appoint Lexington four members to the Housing Aut_iority and the fifth Housing member is appointed by the State. The five would then Authority constitute the Housing Authority until the election in March, at which time they would run if still in- terested. Mr. Hruby said it might not be out of place to review the duties that would be asked of the members of this Authority. Mho Chairman said he gave Mr. Scanlon his copy of the Act. Mr . Cataldo said he thought Mr Greeley could bring the members up to date and he would know in what direction to go from here . The Chairman said the problem exists that there is a need, otherwise this Authority would not have been created Mr. Hruby said that was shown in the questionnaire sent out by the Town 33 Mr. Scanlon asked whst action the Authority could take . Mr. Cataldo advised that they could proceed as they would after the election. The Chairman explained that all would be candidates for re-election. Mr. Legro advised that the four members go in to see Mr.McCarthy, of the State Housing Authority, get the fifth member appointed, and Mr. McCarthy would give them the procedure. He explained that the first step is organization of the Authority. Mr. Scanlon said the four of them should get to- gether and make an appointment to see Mr. McCarthy. Mr. Legro said he understood Mr. McCarthy is ready and waiting. The Chairman said they should be sworn in by the Town Clerk and then make an appointment to see Mr. McCarthy. Mr.Hruby asked if it would be the Authority' s job to decide who will be eligible to go into this protiram. Mr. Cataldo replied in the affirmative and said he would give Mr. Hruby his copy of the Act . Mr. Sheldon left the meeting to call Mr. Greeley, who had also been appointed to the Authority. He re- turned and reported that due to personal. reasons, Mr. Grelay was obliged to decline the appointment . The group retired at 8:25 P.M. Mr. Sheldon reported his conversation with Mr. Greeley, and upon motion duly made and seconded, it was voted to appoint Mr. Edwin A. Bennett to serve oh the Lexington Housing Authority. The Board of Fire Commissioners met with the Board, at the Board' s request , relative tothe Commissioners ' request to have an article in the warrant for the Annual Town Meeting for theappropriation of funds to replace Article re Engine #4. Engine #4 The Chairman asked if this was absolutely necessary, and Mr. Fitzgerald replied in the affirmative. He said that the l957 Capital Expenditures Committee Report has shown that the Commissioners recommended replacing Engine #4 by 1961. He said it is a Diamond T purchased in 3.946 The pump and body were built by the men in the department and it ran as first line equipment for several years until the purchase of a new Mack in 1952. It was then put down to second line equipment. In 1959, the motor was rebuilt. Mr. Fitzgerald explained that the Commissioners had recommended replacing Engine #5 in 1962. After doing the motor job and work on Engine #4, they thought it was in better condition than #5 and reversed their decision on re- placement and recommended that #5 be replaced first . 3 4 C Mr. Sheldon asked if this piece of equipment would be built or purchased, and Mr. Fitzgerald replied that it will be purchased and will be similar to Engine #5. Mr. Farrow, who built #5, quoted a price of $13,000 to build Engine #4 but the figure is not binding. Mr. Fitzgerald said if Engine #4 is replaced, at best it will be 1965 before it will be ready. Mr. Whitney said this is an obsolete piece of equip- ment. Mr. Cataldo asked what the Mack truck is used for, and Mr. Fitzgerald replied that it backs up the two brush fire pieces . Mr. Cataldo said his thinking was there are three men with three pieces of equipment. He said if Town Meeting does not appropriate funds for a new Engine #4 and it breaks down and it takes a week to get it back, there would be no emergency. Mr. Robbins said there would be. If the Mack is used for a grass fire, it could get stuck in the mud and asked why a $30,000 piece of equipment should be ruined. Mr. Cataldo said he would like txsee Engine #4 put in condition and sent into the woods. Mr. Robbins said it is an obsolete piece of equipmett. Mr. Cataldo said he does not like to put a brand new piece of equipment in the woods, and thought there should be a piece of equipment that could be driven in the woods and swamps. Mr. Fitzgerald said the entire running gear in Engine #4 is gone, any part mentioned, is gone . Mr. Cataldo asked how many miles the truck had been run, and Mr. Fitzgerald replied that he did not know. The Chairman asked what the Commissioners would do with old Engine #14. and Mr. Fitzgerald replied that they would trade it in, and as a guess, he thought they would be allowed $14.00. Mr. Brown asked how many times in the past year this Engine #4 broke down so it was tied up a day or more. Mr. Fitzgerald replied that it was out of service three or four days in the spring. Mr. Cataldo asked how many runs Engine #4 made this year, and Mr. Fitzgerald replied that he would have to get the apparatus book to tell. Mr. Brown said he would like to know how many times Engine #4 was broken down and how many times it went out before he makes a decision. The Fire Commissioners agreed to supply this infor- mation, an retired at 9:00 P.M. 11 35 The Chairman read a letter from Dr. and Mrs. White, 200 Waltham Street, in regard to traffic conetrol for Traffic children at the intersection of Waltham and Forest Streets. Upon motion duly made and seconded, it was voted to refer the communication to the Traffic Study Committee. Mr. Burnell reported on a meeting of the Traffic Study Committee held last Friday. Mr. Gray read a draft of the meeting. The Chairman read a letter from Frank D. Walker requesting the Board to make an offer in settlement Walker of damages for the sewer easement taken through his sewer land on Bacon Street easement Mr. Legro stated this involves litigation or the possibility of litigation, and suggested that the dis- ussion be held in Executive Session. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating, or voting on matters, which, if Executive made public, might adversely affect the public security, Session the financial interest of the Town, or the reputation of any person Upon motion duly made and seconded, it was voted to resume the open meeting. The Chairman reported that he had called the indi- viduals suggested for appointment tothe Standing Plumb- ing and Building By-Law Committee. Standing Upon motion duly made and seconded, it was voted Plumbing to appoint Robert W. Custance for a three-year term ex- & Build- piring April 30, 1967; Mr. Leo Dunn for a three-year ing Comm. term expiring April 30, 1967 ; Mr. Perry D.Lord for a two-year term expiring April 30, 1966; Mr. Richard W. Souza fo a two-year term expiring April 30, 1966, and Mr. George E. Bullock for a one-year term expiring April 30, 1965. Distribution of the Town's insurance commissions was held over again pending receipt of additional in- formation to be o3tained from Mr. Stolz by Mr. Gray. Mr. Legro retired at 9:50 P.M. The following individuals were suggested as ap- pointments to the Conservation Commission: Stephen hen Conser- p Ells, Marjorie Blaisdell, Jules P. Sussman, William S. vation Richey, Aide:i L. Ripley, Ruth Morey, Francis W. K. Smith, Committee and Chester Duval. pkn rte: The Chairman agreed to contact each individual to determine whether or not he or she would accept the ap- pointment. Licenses Upon motionduly made and seconded, it was voted to grant the following taxi driver licenses, subject to satisfactory references being received from the ;thief of Police: Mark C. Aldrich 14 Cliffe Ave. Taxi Driver Wm. G Converse 40 N. Hancock St. " Wm. I. Imlach ala. Wyman Road Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectments Meeting held on December 23, 1963. Mr. Carroll discussed the proposed garbage contract, a copy of which had been delivered to each member of the Board. He explained the draft he submitted was a modi- fied version of the present contract and agreed to check with Town Counsel on a question raised by Mr. Cataldo. The meeting adjourned at 10 :20 P.M. A true record, Attest : ��iec ive ler , Select n k I