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HomeMy WebLinkAbout1963-12-09-min �l SELECTMEN'S MEETING December 9, 1963 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, December 9, 1963, at 7:30 P.M. Chairman Cole, Messrs. Brown, Cataldo and Sheldon were present. Mr. Gray, Executive Assistant, Mr. Carroll, Superin- tendent of Public Works, and Miss Murray, Executive Clerk, were also present . Mr. Carroll asked about Christmas lighting for the Town Office Buildings and was authorized to con- tinue the lighting as in previous years. Letter was received from Mr. Carroll, Town Clerk, with a copy of an action of tort, attachment against the Town of Lexington and Richard F. Spiers, $900. Action of Mr. John Carroll said he has already referred tort this to Town Counsel asit concerns an accident in- volving a Town employee . Later in the evening when Mr. Legro, Town Counsel, was present, it was voted to authorize him to defend Mr. Spiers. The Chairman read a letter from C. F. Mistretta, Chief Engineer, State( Department of Public Works, in reply to the Board 's letter of November 7, 1963 rela- tive to a change in the alignment of Spring Street. Relocation It was agrFed to send a copy of the letter to of Spring St the individuals who signed a petition for a deviation in the layout . Mr. John F. MacNeil, Chairman, and Mr. W. Dana Bartlett, member, of the Lexington Association of Insurance Independent Insurance Agents, met with the Board. The Chairman read a letter from the Association Broker of requesting the Board to sign an enclosed Broker of Record form Record Form. Mr. MacNeil said the Association has for some time felt the overall Town of Lexington insurance rates, not Town-owned property, the Town buildings, commercial buildings, contents, etc. , because it has been so long since the Town has been re-rated--they were present this evening to speak on this in case there was any misunderstanding He said a Broker of Record form seems to be a formal document , but this does not C'1d ct r�trt, a 3 give the Asscciation any more than a library card would give it. He said this would allow them to get the facts as laid down by the New England Fire Insurance Rating Association which is located in Boston. He said they feel the Town rates can be reduced. He said they would not, and the Board would not be com- mitting the Town for any action. This would be giving the Association permission to get the facts from the Fire Rating Association. He said if there was any feeling about cutting Brewer & Lord out , there is no harm in naming them as two insurance companies can be named. He said this could be cancelled at any time. After they have had time to get these facts, there would be nothing wrong with sending another letter to the As- sociation cancelling out the Broker of Record authoriz- ation. He said it could be handled by a letter from the Selectmen to the Association telling them the pur- poses that his group is driving at so they will be given the proper information. He said he thought this would be a help to the Town as a whole. He said the Lexington Association has looked into this and still feels there is a possibility the Town overall rates can be reduced. He said they would come back to the Board and tell it what they have found and see what the Board's thinking about proceeding in some further manner is. The Chairman said as this form reads now, it states "acceptance of the application by the New England Fire Insurance Rating Association abrogates any former ap- pointment, and precludes all but the representatives named herein from discussing rates and forms with the Association, until rescinded by us in writing. " He said if the Board signs this, it would abrogate anything the Board has done with Brewer & Lord. Mr. MacNeil said it would if the Board didn't name them also, but if they are named as well as the Associ- ation, they have every authority to do what the Board wishes the . to do. Mr. Bartlett said he talked to Mr. Anderson of the Rating Bureau and he said the Chairman of the Selectmen must write a letter to the New England Fire Rating Associ- ation and request an application for re-rating, then the Town may give Broker of Record for discussion to an agent, association or broker. He said in that case they would have to name Mr. MacNeil as Chairman of their group. He said the rating schedule establishing the Town's classi- fication would be discussed only with the Mayor, Board of Selectmen or such person authorized to represent these officials . He said getting a Broker of Record would be getting a library card to discuss with the Association the advisability of having the Town re-rated111 The Chairman pointed out it would be after the Town has requested it. Mr. Bartlett said they can't do anything until such time as a letter has been written by the Chairman of the Board of Selectmen. In addition, they would like to get a Broker of Record for discussion of municipal rates only. He stated municipal rating is rating not of town-owned property. He stated that if the Selectmen would write a letter to the Municipal Department , attention of John Anderson, the Lexington Association would like a Broker of Record to look into re-rating of the Town. The Chairman said the Board would take the matter under advisement and let them know. Mr. Cataldo asked if this would jeopardize the rating the Town already has. Mr. MacNeil replied that there is no danger in the request . The Chairman said there are two schools of thought on that , and he was talking about the. minimum rating of the Town. Mr. Cataldo asked if it would work to the Town' s disadvantage if the Lexington Association got into this and the Town did not stack up as good as they thought it would. Mr. MacNeil replied in the negative and said he has talked to several people and there is no iddication that he knows of that there would be any increase arrived at or change of classification authorized. He said this is why they are approaching it in this manner to get the facts before any action is taken The Chairman pointed out that the Beard of Selectmen would be making the initial request . Mr. MacNeil said the request would be for facts con- cerning the Town of Lexington classifications. He said they have to be specific and all they would find out from this is what is required of the Town of Lexington to go into another classification and then they would come back to measure their facilities against those. The Chairman said then there would be a second request made. Mr. MacNeil said not unless they thought there was a chance to beduce the rating. They would then suggest that the Town request a re-rating. Mr. Cataldo said the initial letter requests that. Mr. MacNeil said the initial letter gives them the facts available. The Broker of Record form would allow them to discuss it . Mr. Bartlett said the Rating Bureau will not discuss this with the broker unless there is a request from the Town to the Rating Bureau. It is necessary to have a 4 R ?, T\a Cr letter to the New England Fire Rating Association asking for re-rating application. - They send an application. With the Broker of Record, the Lexington Association would be in a better position to go in and do a little preliminary discussion. Mr. Cataldo seid the first letter would be a letter to readjust the Town Mr. Bartlett said that was correct. Mr. MacNeil said they need a letter and a Broker of Record form. The Chairman said the Board would take it under advisement . Mr. MacNeil said he was told on November 20 that the Town wished to get some figures on a problem concerning the Firemen and Policemen He said Mr. Lyon talked to Mr. Gray and obtained the details from him. He said he has a couple of answers - they are not conclusive, but Mr. Bartlett has a quotation. He said they found that most companies feel that there is a possibility of in- Insurance equitable quotation for this coverage because of State laws. He said he has a letter made from replies of many companies stating that this idea ahoulid be abandoned be- cause of the Statute and the implications of Blue Cross and Blue Shield. The Chairman explained that the Board has asked Mr. Gray, the Executive Assistant, to handle this and would like to have it channelled through him. Messrs. MacNeil and Bartlett retired at 7:55 P.M. The Chairman read a letter from Mrs. Mary E. Casey, Social Worker, Bureau of Old Age Assistance, requesting Transfer a transfer of $50 from the Gemmel Trust Fund to purchase plants or gifts fDr recipients confined in hospitals or nursing homes. Upon motion duly made and seconded, it was voted to request the Trustees of Public Trusts to transfer the sum of $50 from the Jonas Gemmel Trust. The Chairman read a letter from the Board of Fire Commissioners requesting a transfer of $260 to the Ambulance Account; $200 for replacement of the wind- shield, and $60 for gas and oil. Transfer Mr. Cataldo said the cost was $140 for the wind- shield. Mr. Sheldon said he recalled that they were told to get an estimate. Upon motion duly made and seconded, it was voted to request theAppropriation Committee to transfer the sum of $260 from the Reserve Fund to the Ambulance Account . it Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held Minutes on December 2, 1963. The Chairman read a letter from Mr . William Roger Greeley with reference to appointments to the Lexington Lexington Housing Authority. Housing Mr. Sheldon suggested, and the Board agreed, to Authority bring names in to the next meeting for consideration. Upon motion duly made and seconded, it was voted to certify the characters of Charles S. Johnson, 307 Certificate. Bedford Street and George F. Walker, 22 Douglas Road, of Incorpo- who have applied for Certificates of Incorporation ration The Chairman read a letter from Governor Peabody relative to appointment of a representative to the Metropolitax Metropolitan Area Planning Council. Area Plan- The Chairman stated that there is someone in Town ning Council who has been very, very intereted in the planning and he would put his name in for nomination, but he did not know if he would take it Mr. Cataldo said this could be of some help to the Town and he would be willing to take it . The Chairman said he had not thought of a member of the Board being appointed Mr. Cataldo said whatever the Board could do in this area would be a help. The Chairman said he would like to think about this a little bit, and Mr. Sheldon suggested deferring action until Mr. Burnell is present . Mr. George P. Morey, Chairman of the Board of Re- tirement, Captain Walter Spellman, a member of the Hoard, and Mr. John P. Blaisdell, a member of the Appropriathn Committee, met with the Selectmen. Mr. Morey stated that the Retirement Board records have just been examined by the State . Mr. MacPherson, Retirement an examiner called him and was very critical of the Board records of the Retirement Board and critical of the operations of the Accounting office. He was not critical of either the Accountant or Treasurer and said the Town has been economical to the point in the Accounting office where their records have not been well kept. Mr. Morey said he would like the Board of Selectmen to request to have at least half a clerk more to take care of the Retirement Board needs. He reported that Mr. White, Town Accountant, has worked far beyond the ' call of duty trying to bring the records up to date, and he would like Mr. Gray to make some comments on what he has learned ik Mr. Gray reported that Mr. Morey called him and asked him to speak to Mr. MacPherson while he was here. He said Mr. MacPherson was not critical of Mr . White, but felt there has been insufficient time put on the records, and this could be because there is not enough help. He feels Mr White has done all he can be ex- pected to do, but additional help is needed. He also feels that the records are in such a condition that there is more help needed in that office to bring them up to date. Mr. Sheldon asked how much time was needed. Mr. Gray said he assumed it would take half a dayl. whether it would be half a day every week or not he did not know. He stated that this is not a job to be done when there is time to fill in. The Chairman said the Board has been thinking of a labor pool. Mr Gray said he thought this could be worked out. Mr. Blaisdell said he talked to Mr. MacPherson and there is no question but that the records are inadequate. He said he would stress that there were no adverse comments as to the Town Accountant or Town Treasurer. He reported that Mr. White has been more than eight hours a day ever since he took this position. He said it is not up to the auditor to tell the Town what to do but merely to report the facts as he sees them. The Town Accountant, acting for the Retirement Board, has made necessary but very limited records, and because he has not had sufficient time, has gotten behind on the records. He said there is no question but there is need of h half time girl. He said he has not had a chance to investigate, but he did feel there is need for another girl at least half time because the Town Accountant is putting in excess of the number of hours required He said this does not take into account the excessive hours in the year and closing with Town reports to be written, Appropriation Committee help and all the other forms of closing of the books. He proposed thttt consideration be given to adding an addi- tional clerk on a full-time basis to the Accounting De- partment, 50% of which would be for Retirement Board functions with the idea that the records would be kept up to date and added to as they should be. He advised that when the State examiners finish the audit in six or seven weeks, they will have the books right up to date but this will not bring up the name, address or any back history. If the Board goes until April and asks for help at Town Meet- ing, there is no reason to believe the records will be any better, due to the lack of help. He said he has broached the subject to the Appropriati¢bn Committee and feels they would go along with the idea of additional help starting now. F The Chairman asked how to accomplish paying for addi- tional help this late in the year, and its effects on the first three months of next year Mr. Blaisdell said since this would be an addition to the Accounting Department, the department has a history of adding employees. He said this would be an additional clerk and he felt the Committee could trans- fer funds as it is not the creation of a new position as such. The Chairman said this is getting borderline. Mr Sheldon said it could be viewed as an emergency appointment Mr. Gray asked if it could be vidwed as a part-time job. Mr. Blaisdell said the budget would not call for an additional clerk, but will merely ask for X number of dollars. Mr. Sheldon pointed out that funds would have to be transferred for the first of the year Mr. Blaisdell said regardless of a secretary ppol, they need an additional girl. He said he thought it was essential that the Town recognize that Mr. White is putting in more than eight hours a day in order to achieve 1 the results the Town is getting Mr. Sheldon said the pool situation might work out after the emergency is past . If at a later date, the Retirement Board still wants the half-time girl, they still have her; it being just a matter of handling it Mr. Morey said the Lexington Retirement Board has done better than any other Retirement Board in the State and he wants the Board to know that it will be criticized He said Mr. White has done a twelve hour day for as long as he can remember and he should have more help, and he did not care how it was done Mr. Cataldo asked if the new Burroughs setup would relieve this any Mr. Gray said it should make it easier in keeping the account records up to date, but whether it would do the entire picture, he did not know. He said he has talked to Mr. MacPherson about this and they think it will help. Mr. Cataldo said if a permanent girl is employed there, she is there. He suggested a temporary girl and see how it works out. Mr. Blaisdell said it would be better from a technical point of view to put in a temporary girl, but not to put her on with the idea that come May or some other date, she will not be available . He said from what he has seen and been told, additional help is needed. He said he was not against a pool as long as there was someone to help on the Retirement Board. 4 , Cr Mr. Cataldo said right now theyprobably could use girl, but with the new system, a full-time accounting a full-time girl would not be needed and one could be taken from the pool. Mr . Cataldo was in favor of tempo- rary help until it has been determined what the new accounting system will accomplish. The group retired at 8:30 P.M. Mr. Paul J. McCormack, attorney, and his client, Mr. Diran Semonian, met with the Board. Mr.MoCormack said apparently there is some work going on in the area of Mr. Semonian's property, and he did not know if the Board was familiar with it or not. Mr.MdCormack presented plans and indicated the direction the work has proceeded. Mr. Semonian said the distance drained now is 3/10ths of a mile . Semonian Mr. MacCormack said at the present time, there is no Drainage real problem. His client has two saleable lots. Mr. Carroll said the land was not recorded, and Mr, . Semonian said that it is recorded. Mr. Carroll said it would have to be recorded at least by 1950 because of the zoning change in 1954• He said he had a copy of the Assessors ' plan and there are no lots. The Assessors ' book does not show them. 111Mr. McCormack presented pictures taken of the land before the most recent heavy rain but after a rain storm. Mr . Semonian said any time after June 1, it is dry and could be used until late in October. He said before there was about 100 feet of highway carrying water in there and now there will be five or six times that . There will be 2,000 feet as against 400 feet of highway surface water running in there. He said he and Mr. Carroll walked almost the full length of the area and a truck could be drive through there. He said he has sold lots 3, 8, 9, and 10. He also said the water would flood his leaching field. The Chairman said as he understood this, if the pro- ject is completed, his client will seek damages Mr. McCormack said that was correct, and he thought it would be a good idea to discuss it as no one knows what the final damage will be. Mr. Semonian was concerned from a health angle and said ther is no sewer in the street and the water will run into Vine Brook. It will go through Mr. Sherman's property into the Cataldo farm and then into Vine Brook. Mr. McCormack suggested that this just be a prelimi- nary look at it and said Mr . Carroll may have some other thoughts. He said he and his client were available if 9 s I the Board wants to discuss it on any terms, what it thinks is proper and just. He would have an opportunity to go over it with his client and see if he agrees. He said if two lots were eliminated as building lots, this would be worth something to his client. He said any time the Board wanted a further discussion or any other information, it could let him know He said if something mould be worked out, he,, thnught that would be better Messrs . McCormack, Semonian and Carroll retired at 9:00 P.M. Upon motion duly made and seconded, it was voted to grant the following licenses Robe$ Ross , 7 Perham St. , Bedford Taxi Driver Eugene A. Heighton 9 Tucker Ave , Lexington " " Harvey Adams Crystal St . , Pinehurst II ft Richard Khachadoorian 442 Waltham St. , Lexington " " Herman Kilpatrick 59 Farmorest Ave , Lexington " Ernest F. White 81 Woburn Street, Lexington " " Richard Spiers 27 Susan Dr. , Billerica " " Richard Conniff 32 Lincoln St . , Lexington " " Warren J. Modoono 191 Woburn St . , Lexington " " Connors Bros. , Inc. 1700 Mass . Ave . , Lexington Package Goods. * Randall L. Coyne, 323 Woburn St. , Lexington Common Victualler II Upon motion duly made and seconded, it was voted to deny Mr. Warren J. Modoono 's application for a Licenses Taxi Driver's license. , Upon motion duly made and seconded, it was voted to reappoint Mr. John F. McCurdy to the Board of As- Appointment sessors for a three-year term expiring January 1, 1967. Three letters, dated November 22, 1963, received from Brawer & Lord pertaining to insurance matters, were held over. Insurance Mr. Gray reported that he received a telephone call from Mr. Norman Stolz who said he would like to hear from the Board as soon as possible. Upon motion duly made and seconded, it was voted under the package policy, to carry burglary insurance on twelve schools, both libraries, Town Office Buildings, and the School Administration Building for an annual premium of $253. Upon motion duly made and seconded, it was voted to carry insurance on a Replacement Cost basis with $1,000 deductible. Upon motion duly made and seconded, it was voted to carry automobile liability insurance covering a * Harvey J. Comrie,Village V riety 93 Mass. Ave Common Victualler Bellino 's Coffee & Donut 141 Mass. Ave . " " Penguin Ice Cream Co. " " g 135 Mass Avenue 'T �� Francis Napoli , Hancock Market 6 N. Hancock St . I �o '; schedule of 71 vehicles, plus the fire apparatus, with $1,000 deductible on Bodily Injury - $5,900. Mr. Gray reported that Mr. Norman Stolz, of Brewer & Lord, called him today, The question came up about vandalism. The $14,100 policy covers $19,000,000.For Vandalism $11 ,900, which is less than what the Town is paying, it Insurance could put them all under an All Risk clause which covers vandalism, water daAage and sprinkler. This has a $1,000 deductible. Mr. Brown said that all the sprinklers have alarms, and if the sprinklers go off, the Fire Department would be there is a very short time. He asked if the $800 included contents ; if so, it might be worth it . Mr. Gray said Mr. Stolz did not mention contents. The Chairman said if it included contents, he would be in favor, but if the contents were not included, he would not be in favor. The Chairman read a copy of a letter written to the Appropriation Committee by the Planning Board, requesting a transfer of $1,000 to the Planning Board Expenses Account. The Planning Board was unable to obtain the services of a Senior Planner during the last six months in 1963, and, as a result, will return to the Town at least $5,000 of the appropriation for Personal Services. In the absence of ' Transfer a Senior Planner, it was necessary to have a Planning Consultant and therefore, the Board was requesting an emergency appropriation. Upon motion duly made and seconded, it was voted to request the Appropriation Comn.ittee to transfer the sum of $1,000 from the Reserve Fund to the Planning Board Expenses Account. It was agreed to invite Mr. Snow to meet with the Board on Monday, December 16, 1963, relative to the development of the Center Playground area. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating, or voting on matters, which, if made public, Executive might adversely affect the public security, the financial Session interest of the Town, or the reputation of any person. Following a meeting with Chief Bycroft, Mrs. Eleanor M. Boyle, a Policewoman, and her attorney, Mr. Thomas C. Menton, it was voted to resume the open meeting. Mr. Brown left the Selectmen's table and, speaking for the Minute Man Park Realty Trust, asked what steps are to be taken by the Trust to get an article in the warrant for the Annual Town Meeting in March He said he thought the Board was agreeable to transferring the Old Fire Station Site for something in the neighborhood of 1,000 feet, and asked if he were correct in thinking that the Board agreed to make an even exchange. The Board wrs in agreement . Mr. Brown said he thought this was something the Board should resolve very soon because there is an offer pending on the Hunt property. Mr. Legro said he would like to know what the Board plans to do . Mr. Sheldon said there is to be an even exchange . The Chairman referred to a discussion earlier in the evening with Mr. MacNeil and Mr. Bartlett relative to signing a Broker of Record form and said he had some res2rvations on this . Broker of Mr. Sheldon said he also had reservations. Record form Mr. Cataldo said he wanted a guarantee that it would not affect the Town's rating. Mr. Sheldon said if he were Brewer & Lord, handling the Town's insurance business , he would want to be con- sulted before any such action was taken. Mr. Cataldo said the Town is entitled to a good rating. Mr. Gray said the Town has an excellent rating and he would not like to have a re-rating. Mr. Brown said if it is possible for the Board to give them permission to explore the system used to arrive at the Town's present rate, it is on record and it would be all right to take a look at that. Mr. Cataldo said the statute was for an application. Mr. Sheldon said he would rather not do anything until the Board gets an opinion from Brewer & Lord. The Chairman suggested that Mr. Gray call Brewer & Lord and also call the New England Fire Insurance Associ- ation to get the rules and report back to the Board next week. Mr. Sheldon asked if this would tend to make them look it over above and beyond the Board 's interest, and asked if the Board would be taking any chance by asking for this. There was no further discussion. The meeting adjourned at 11:03 P.M. A true record, Attest : 1/ /�� � kfecdtiv ler , Selec ''.en .-- n