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HomeMy WebLinkAbout1963-04-13-min 265 SELECTMEN'S MEETING April 13, 1963 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Saturday morning, April 13, 1963, at 10:00 A.M. Chairman Adams, Messrs. Cole, Brown, Burnell and Cataldo were pre- sent . Miss Murray, Executive Clerk, was also present. Mr. Kingston Howard, Chairman of the Town Cele- brations Committee, Mr. Spertuto and Mr. Barnes met with the Board. The Chairman stated that the reason he had invited the group to attend the meeting was to 'Uouble checks` He said there were a few difficulties particularly with getting the Ambassadors in the parade. Mr. Howard said that after a Sunday afternoon meet- ing last November, at which time the Minute Man Freedom Committee was officially organized, the leaders and Chair- man elected, the Chairman William Welch appeamd at a joint meeting of the Town Celebrations Committee and the 250th Anniversary Committee . At that time, the Town Celebrations Committee presented certain ground rules for him to follow. He said the Ambassadors should be April 19 invited as the guests of the Town as observers to see the manner in which the sown prepared its patriotic heritage and in no case should they be invited to be in the parade. The Committee did not feel they should be placed on exhibit. A few weeks ago, the Committee was asked what provisions it had made for these people to becin the parade and answered that no provisions had been made as the Committee did not feel it proper. The Chairman of the Freedom Committee was to check with the State Department for its attitude He then made a formal request to the Committee indicating that the State Department would tolerate their being in the parade but was not anxious for them to be in the parade. At this point, it was decided by the Town Celebrations Committee that this group should not be invited to be a part of the parade but invited to join with some of the guests not in the parade but on the reviewing stand. Then the committee received a reply than days later that the entire Minute Man Freedom Committee was disturbed and wished the Committee to reconsider. It became clear that right or wrong an invitation had been extended to the Ambassadors of the 0.A.S. , on behalf of the Town by the Minute Man Freedom Committee, to participate in the parade and this ?66 MC wc MI tat invitation was accepted. The Town Celebrations Committee was then in a position of having no recourse. This group was going to be fed on the planeleaving from Washington at 11:00 A.M. and to arrive not later than 1:00 P.M. The Minute Man Freedom ('ommittee arranged for an escort from Hanscom Field to East Lexington. The Town Celebrations Committee, upon reconsideration, did vote to work out the details to have these Ambassadors in the parade and it was voted to take all of the honored guests and place them in one automobile convoy to precede the parade by about five minutes and arrive at the reviewing stand in time to give enough time to get out of the cars and mount the re- viewing stand The way it rests now is the Minute Man Freedom Committee agreed that these Ambassadors will be in East Lexington by 1:30 P.M. The automobile convoy will leave at 1 55 and the parade will start at 2:00 P.M. The Town Celebrations Com,.ittee has a meeting tomorrow afternoon with the Chairman of the Minute Man Freedom Com- mittee and the parade Marshall. They will work out a system whereby there will be a Civil Defense mobile unit at Hanscom that can communicate with the Civil Defense units along the parade route so the Committee can ascertain the departure time from Hanscom. If the Ambassadors are de- layed, there will be a point along the parade where these people can be included. The Committee feels, with 2,000 marching in the parade and 100,000 people who will line the route, its first obligation is to the marchers and spectators. The Chairman said he thought the information covered the situation and said the Board wanted the Committee to know this is its responsibility and the Board will back up any of its decisions. Mr. Cole said for the record, that the letter from the Freedom Committee was in error; that it said the entire committee was in favor of having the Ambassadors in the parade, and that is not so. Mr. Howard reported that the telephone call which he took just prior tothe meeting was from a George Welch of Bedford, representing the Marine Reserves, requesting that a trailer of a small house size type be set up for showing aspects of the Marine Corps Reserve training pro- gram with a ten-minute cycle of slides , and also to hand out pamphlets pertaining to the Marine Corps The trailer is under the command of Col. Robert R . Baker, South Weymouth Air Station. Mr. Burnell said the Selectmen should set up some policy or recommendations for another year. He said there is very little space in Town to carry on a parade of this size and also carry on an activity such as this . He sug- gested that they be permitted space in the Meriam Street parking area. Mr. Cataldo suggested th_ t Mr. Howard call Mr. Anthony Cataldo, of the Depositors ' Trust, who he felt sure would grant permission to the Marine Corps to use the bank' s property. Mr. Howard said the Committee would like permission to erect a sign on the lawn of Cary Memorial Building for the purpose of announcing tha functions that will take place in Cary Memorial Hall on Thursday night, Saturday night and Sunday night . The Board had no objection . The Chairman said the schedule was going to be very crowded and suggested that the second senior member of the Board be elected as Co-Chairman for the three-day activities. Co-Chairman Upon motion duly made and seconded, it was voted to elect Mr. Cole as Co-Chairman during the three-day joint observation of Patriots ' Day and Lexington' s 250th Birthday celebration. The Town Celebrations Committee representatives retired at 10:30 A.M. The Chairman read a letter from Mrs. R. G. Converse, on behalf of the High School Junior Republicans, request- ing permission to sell flags during the 19th of April celebration. It is planned to set up a table along the parade route and take orders . The Board had no objection providing the table is on private property. Mr. Brown said if there is no rain between now and April 19, the Chief should take all of his equipment Fire out of the parade. equipment The Chairman explained he has done this every year and he did not think there was anything to worry about The Chairman said last Thursday or Friday he was in the Selectmen' s Office and there was a question of transportation back and forth to Connecticut for Mr. Transpor- Gray until he moves here. It was suggested that he tation take a town car, and the Chairman gave his approval, Executive pending approval by the Board. The subject came up Assistant again this Friday so the Chairman called the members of the board and Mr . Cataldo objected. The Chairman said, in going along with the four to one vote, he let Mr. Gray take his car. He said this should be taken up again Monday night, at which time the Board should discuss the situation regarding Mr. Gray's work. He said he intended to have this on the agenda for Monday 268 3C night, but there may be some discussion now. Mr. Cataldo said, to begin with, the Board hired Mr. Gray without the use of a car. If the Board hired him on the terms of supplying a car, he would go along with it, but there were no provisions made for a car. He said he was not upset with Mr. Gray personally, but he just felt he was being paid sufficiently. He said if he was receividg $10,500 from another concern, it would not give him a car if he agreed to the terms originally. He said as far as Mr. Gray himself and his duties are concerned, the Board should define them stronger than it has. He said he could not see they are being carried out the way he would like to see them carried out. He said he felt most of his time should be spent in the Town Offices with the duties the Board has assigned. He said practically the only time he should be out of the office would be to attend State hearings. He said as far as Mr. Gray going into one department and spending as much time as he has in the past two weeks is not what he was hired for. He said the Town has a Superintendent of Public 1Norks to run that department and Mr. Gray was not hired to go out on the jobs day after day. He said he thought Mr. Gray should answer to the Board only. The Chairman of the Board speaks for the board on the Board' s Oesition and the Board should be kept informed. Mr. Gray should answer to the Chairman as it is not good for him to have five employers_ and the Chairman should not make a decision for the board. Mr. Cataldo reported that he came into the office the other day, and Mr. Gray was out looking for a house, and this is something the Chairman should know. He said Mr. Gray has been here two weeks now and can more or less find his way around and has no right to go out on private business without even telling the Chairman. He said if the situation continues, it will be that much more difficult to correct . He said the Town is paying him a good wage, he agreed to the terms, and he thought the board could expect him to carry out the duties of the office in a businesslike way. He said day after day, he is out on these jobd, and that is nbt the place for him; the townspeople are paying $10,500 for an Executive Assistant and he is not in the office. He said there should not be five people going after Mr. Gray. He Maid when the Chairman goes to Mr. Gray, he should report tack to the Board and he would back up any decision of the Chairman one time, but if it continuesthe the Board is not informed, he would not defend him. Mr. Cataldo said he was opposed to giving the Executive Assistant a car at this time, 260 especially going back and forth to Connecticut which is not Town business . He said the Board has no right to give him a car and it is not fair to the other Town employees. Mr. Cataldo said up to this time he has had nothing to say about who did or who did not get a car and stated that the Board cannot operate the Town as a private com- pany because there are five members . He said the Chairman could not make a snap decision by himself, and each department should have equal consideration. Mr. Cataldo said if there is a problem in the de- partment, it should be straightened out, but Mr. Gray has no business out on these jobs time after time; once in a while it may be necessary, but not every day. Mr. Cole said that, substantially, Mr. Cataldo was correct and he concurred with him. He said the only point on which he would depart was that the automobile was left open and there was no decision made. Now is the time to make a decision on the car. Mr. Cataldo said the automobile, up to this point, has not been handled property. Mr. Cole said the first thing the Board should do is to decide on the car; then it should come up with suggestions as to how this position should be operated, with advice as to what to do and what not to do. Mr. Burnell said he concurred, basically, with Mr. Cataldo. He said he did think the Board should take action immediately to make sure that it has its goal established. He said he agreed it is not neces- sary for the Executive Assistant to be dealing in the details of each individual's job in Town. He said the Board has administrative problems it wants corrected and the way to correct these of course is once Mr. Gray has seen the operation, to settle down in the office and with his wide experience, to correct these problems. He said the Board did not agree to provide him with a car, and, according to his recollection, the only thing that did come up in the way of a car was his requist for help during this period between the time he came to work for the Board and the time he could bring his family up from Connecticut at the close of school this year. He said the Board made no decision. The Chairman did ask about it but the e was no discussion and no decision. He said he thought it wa. i :plied that the Board had to make a decision but did nothing about it. He said he was in- clined to be as helpful as possible dulling this period, and if it is a reasonable thing to do and if it is legal, he would like to help him as much as possible with trans- portation to and from Connecticut 270 Mr. Cataldo said it is not a reaction of anyone not wanting to help him, and asked what would happen if the Board gave him permission to take the car to Connecticut and it was smashed up. Mr. Burnell said that could happen here in Lexington, and Mr. Cataldo pointed out that it would be on Town business. Mr. Cole said he was inclined to go along with the vehicle not leaving the State. The Chairman said the Board could not treat one person one way. Mr. Cataldo said it would not disturb him at all to go right down the list, but this is a problem the Board has right now. Mr. Burnell said Mr. Carroll' s town car is his personal car, and he could take it to Norwood, Washington etc Mr. Cataldo said it should be on Town' s business. Mr. Burnell asked if Mr. Carroll' s car was marked, and Mr. Cataldo replied in the negative. The Chairman said that the Chief of Police has never had a car of his own, and has a Town car, not marked, and equipped with a radio, the thought being he is on duty at all times. He said in discussing this subject, the Board is getting into a matter of broad job policy. Mr. Burnell said the problem is, does he qualify for a department car. He said the Superintendent of Public Works, Fire Chief and Chief of Police have town cars The Chairman said the Welfare Agent also drives a town car, and he thought Mr. Mazerall takes a Town truck home. Mr. Brown said, with reference to a car for Mr. Gray, that he concurred with Mr. Cataldo that the Town is paying him a sufficient salary now and he has a car in Connecticut. He said people working for companies out of State, have to work out their own transportation arrangements and an inside man does not get a car. The Chairman said he was inclirled to agree. Mr. Burnell said it may be well that this subject came up, as it might open the Board' s area of thinking. The Chairman reported that the other day something came up on figuring new salaries that have gone into effect . It has been left up to each Department head. He said he went ahead and said that Mr. Grayshould check them, as they should be figured correctly. He said he did not think Mr. Gray should follow any job but he did bhink he should at least go into each de- partment once a week rather than have reports coming 2-1 in here and department heads saying what they want the Board to hear. Mr. Burnell said he thought he should work with department heads and he is going to, perhaps, know every man who works for the Town He said the Board does not want anyone, even a Selectmen, interfering with the details of running a department, and the Board should not attempt to get involved in running departments. He said the Chairman must be continually on guard. Upon motion duly made and seconded, it was voted not to provide a Town car for use of the Executive As- sistant to the Board at this time. The Chairman reported that John E. Grant had ap- plied for a permit to move a garage. He said the Chief of Police refused to let him move it because Permit no permit had been granted. Mr. Grant was in a hurry and the Chairman checked with the Chief and a majority of the Board. Upon motion duly made ana seconded, it was voted to ratify the Chairman ' s action in granting a permit to move a one-car garage from Somerset Road to Revere Street . The Chairman made a brief report relative to Franklyn J. Crosby and his proposed Youth Aid Program Youth Aid It was agreed to take no action until such time program as Mr. Crosby is able to submit more detailed infor- mation. Upon motion duly made and seconded, it was voted to solicit the co-operation of the owners of the Package Package goods Stores in remaining closed all day Stores Patriots ' Day, April 19. At 11:05 A.M. , Chief John W. Rycroft, Lieutenant James Corr and Patrolman Allen M. McSherry, Jr. , met with the Board. The Chairman opened the hearing on the question of Officer McSherry' s discharge, removal, suspension, lowering in compensation, or lesser punishment on charge preferred against him by Chief John W. Rycroft The Chairman read the letter to Officer McSherry, dated April 15, 1963, and swore in each witness. The hearing was more or less as follows : Rycroft All Officers , you can take official notice of this yourselves, are assigned in Lex- ington Center between the hours of 4:30 P.M. and 6:00 at night, to do hand duty in the 972 mc Center. On Fridays from 4:00 P.M. until 9:00 P.M. Every Officer is aware of this. We had talked to Officer McSherry prior. He had been notified by three different superior Officers of the Police Department as to things we wanted him to do, which were a little bit more special than anyone else. He was notified by me, by Lieutenant Corr, at a different time, and also notified by Lieutenant Furdon at a different date as to his procedure. His procedure was to work the traffic by hand in the Center, not the lights. I told him that we did not want him to leave his post for any small violations as far as traffic was concerned. There were reasons for saying this. We had been getting too many complaints about this same Officer, which is very rare. Other Officers are there and we don ' t have these complaints at all. When you leave the traffic light flashing and you talk to someone in a car, there is confusion. He has been told this on three times. On the night in question, according to slips he gave out, he tagged one person at 4:50 P.M. and another at 5:30 P.M. The Officer on the desk received complaints, three complaints that evening, and one came into the Station and filed a complaint in waiting. At six, when he pulled his box, he was notified by Lieutenant Furdon that this situation existed up there. He wanted to know why he was leaving the position. He said these things happen and he went to ' straighten them out. It is difficult for us to get anyone making a complaint to want to come in before the Board of Selectmen, which is what they should do. They are afraid of reper- cussions, although we try to tell them there won't be any; they hesitate to come in. This has been going along It is unfortunate that it is the same Officer getting into difficulties To the public they seem large. His recourse is to go to a car if it is in violation and get the necessary information and that is all. He should bring it in. My talking to him was in vain. I told him when he waw walking up to a car to first think that the operator of the car and the lady was his mother and father and with that idea in mind, I thought his trouble would be over We sent this notice to his home in Bedford, and when he received it last Saturday morning, he came to see me and I talked to him again. I told him why we were doing this. I have exhausted myself; Lieutenant Corr and Lieutenant Furdon have exhausted themselves. These things are minor and there should be no difficulty with him straightsning these out for himself. He said he was trying to do a good job, and I told him to use a little common sense. He said he turned the slips in and they don't go to court. I told him everyone he got in trouble with, there was a complaint. "ome of them go in, but many do not because they are too trivial. We want him to do the hand traffic duty as he was told. He was also told if a fight started, or a car accident, he should take care of it, but not small violations . According to the story, one of the violations was a car from Arlington coming to Lexington. The car in front stopped and in order to avoid an accident, he swung to the left and stopped and got out. His car was not altogether on the right hand side of the white line That is one of them. He left and went down. Many times doing traffic duty, and I know from the many years I did it, you can 't be watching every car that is coming This car could have done this, and Allen did not see why the individual swung out They also complain that he does not give his name but gives his number I spoke to him about that The Lieutenant will bear me out. We warned and talked to this fellow As a police Officer, we want to have him, but to have him conduct himself as a credit to the departmeht. Chairman: On in turning tags in on minor violations, is that procedure on all of them? Chief: Yes. Corr: I would not be sure of the date I talked to Allen McSts rry, but I, too, have had him in my office because he uses abusive manners when he stops these people for minor violations. I have talked to him as a result of complaints from the Chief; or to the Chief. I have had him in my office on many occasions and suggested that he change his manner and only ask for the registration and license without using the manner he has been using. I suggested that if he continued to use the manner he was using when stopping these motorists, we would prefer charges. When this letter came to us from Mr. Meyerhoff of Belmont, I talked to him on the ?74 It telephone. He did tell me that he did make an abrupt stop and went out onto the center of the road. Mr. Meyerhoff stated it was not the fact he was stopped that bothered him but the abusive manner in wlh Allen I McSherry handled him. pointed out to Allen that from 1j :30 P.M. to 6:00 P.M. , he would do hand traffic in the street and not leave his post for the very reason he was stopping these minor violations and we were having trouple. Chief: You will recall I came to the Board a year and a half ago and said that to correct the situation I had with Allen I was going to put him on the last half nights in the Center. At that time, we were running monthly shifts This was so he would not be meeting the public too much. He realized why that was being done to him. Even then I was getting complaints . Also that he was going into the Battle Green Inn too much. I assigned him to Sergeant Dooley and he has been working with him for four or five months. We have done every- thing we can to straighten this man out and I believe no one can straighten him out but himself. I have never preferred charges before this Board more than four times in twenty years I have been Chief. Chairman: What is the time on the tag? Corr: L :50 P.M. and 5:30 P.M. Cataldo: His there been any abusive language? Corr: No. McSherry: I think the Chief summed it up very well and the Lieutenant. They have given me every opportunity to know they have had complaints. I would like to state that I do go up there with the intention of trying to do a good job. I stop several people and it is always a small percentage I feel are issuing complaints. I never start off abusing people. I ask for their license and registration. My mistake is that I banter back and forth and should not.. Some of them rouse me up. I rarer start off with people but let them lead. I realize I should not do this and have tried to control myself. I never put anyone in Court unless I sincerely feel they belong in court . I don' t like to go to court myself and can appreciate peoples' feelings . I have never felt since I have been on here whettaer I know r 2 pD the ticket is going through or not. The Chief thinks a lot of things are trivial. Maybe they are, but I witness the whole incident . On this night in question, I gave two tickets for double parking; the first one, I was still doing traffic . Maybe one violation of double parking does not mean a whole lot, but when you get two or three, it adds up to the fact people are having a hard time moving through the center. Maybe I let it bother me too much. I would like to feel I am trying to do my best. The night in question, I put on the lights at 5:30 and stood at the center as I always do where the traffic I feel is dangerous tobe out there . It is against the orders . I am ordered to stand there until six and I did not. As far as Mr. Meyerhoff, he failed to give the whole story. I pulled him over , not because he was on the left side of the road. He told me he was going to pass at the intersection of the lights. I forget what my recommendation was I think it was suspension. I saw the whole incident . I did pull him over and felt he had plenty of time to stop but maybe he didn' t . If he told me the car in front stopped, I would have thought maybe it could have happened to anyone, but he told me iie :was going to pass . Maybe he asked for my name . I don't remember. He was starting to be argumentative so I gave him my number and walked away. There is no point in giving anyone my name or number. I am the only officer in the center. I try and do my job, but realize I get into these situ- ations but it is a small percentage of the people who do want to be argumentative. My complaint about double parkers is they have people trying to get out of a parking space, people swinging out . I feel there are many cases up there of double parkers . It is my job to keep the traffic moving. One person I gave a ticket to for double parking said she bad never heard of this before and asked me if I was new. I am not the only one to tag any- one . I think the main issue is not that I left the crossing early. It is the complaints that have been received that I have been argumentative and abusive . I never go to anyone with the in- tention of being abusive. I have never had the feeling that if I turned a ticketin it was going to court . If I am up there, I am the judge 276cw MoSherry of the incident. I will not be right 100% of the time, but I have never stopped any- one unless I feel I am right . The Chief told me not to tag on Waltham Strat past a certain point. I tagged a car just past the point he told me not to. There were two cars there and one of them saw me tag the other, so I had to tag him. Chairman: You said you were absent from your post? McSherry: Yes. Burnell: Being absent from the post was what Officer McSherry interpreted as a time when he was' performing part of his police duty. Chairman: Do you want to ask any questions? McSherry: No. Chief: How far do you see these double parkers when you are doing traffic duty at Waltham Street? What position would they be in? McSherry: Within a distance that I could give them a ticket and not disrupt the traffic. The one at 4:50 I did not leave the crossing. The second one the same. I realize that was in contradiction of your orders. These two parties were double parking ana I felt they were disrupting the traffic I am not doing it to harass them. Chief: Do you have a whistle? MoSherry Yes Chief: Do you ever think of blowing the whistle to attract their attention and then waye them on? MoSherry: I did one car at Reed' s, but he paid no attention to me. Apparently he did not see me. I found that if you go to the people and tell them to move along, they are argumentative. It is easier to give them a tag and walk away. Chief: When you are there between 4:00 and 6:00 and see a car in front of Scribner 's Market, do you think it is up to you to leave your post or would it be better for you to blow your whistle and have the car move by a hand signal? McSherry: If they would move, there would be no problem. I don 't know why they want to park double in the center during rush hours. Chief: On Waltham Street, there is no parking from Massachusetts Avenue to a certain point down Waltham Street . The purpose of that was so there would be no cars at the meters and we could bring two lines of traffic up Waltham Street to Massachusetts Avenue. One time in the past year and a half, you decided that everyone who came up there had to go right. Is that right? 2 ( 0 McSherry: I did decide it, yes . Chief: You decided any car coming on the right hand side but that wanted to go on the left towards Bedford, you would not let them. McSherry: That is right. I found a great majority of cars were trying to swing right on Waltham Street . If I could start the cars on Massa- chusetts Avenue, I could keep the traffic flowing. I did this for a reason. Some of these cars were cutting the traffic off. Most of them were trying to beat the light and swing right . They were cutting cars off and I did it for a reason. It was a situation that I felt they were better in the left lane to go left, and in the right lane to go right. Chief: You stopped all your traffic and it is your turn to let Waltham Street up. There is a car that has come up and there is a right and left turn. They would come on the right hand side, their flasher going, and want to go left, and you would not allow them. You have made everyone go right. McSherry: If they were in the right lane, I made them go right, and If they were in the left lane, I made them go left. Chairman: I think it was made clear when you came on we wanted our Officers to do a good job and be a credit to the Town of Lexington in doing their job. Cole: You are familiar with rules and regulations of the Police Department? McSherry: Yes Cole: (Read Section 9 of the Police Rules and Regulations) McSherry: I think that refers to something other than traffic violations. No one wishing to be heard further, the Chairman declared the hearing closed. Lieutenant Corr and Officer McSherry retired at 11:43 A.M. The Chief recommended loss of pay for five days, and said he would not have Officer McSherry working while he is on suspension. Mr. Cole said that on the basis of what Officer McSherry said there is no doubt but that he is guilty of the charge . Upon motion duly made and seconded, it was voted that Officer Allen M. McSherry, Jr. was guilty of the charge of 978 Violation of the Rules in that on Saturday, March 9, 1963, he was duly assigned traffic duty at the inter- section of Waltham Street and Massachusetts Avenue, and that during the hours in which he was asmigned such duty, he was absent from said post of duty between the hours of 4:30 P.M. and 6:00 P.M. on said date without authority and contrary to the orders issued by the Chief of Police. Upen motion duly made and seconded, it was voted that Officer Allen M. McSherry be suspended from duty for five days, without pay, effective at the discretion of Chief John W. Rycroft. Chief Rycroft retired at 11:50 P.M. The Chairman read a letter from Mr. Donald K. Irwin, Building Inspector, relative to the status of the barn on North Street and the Carriage House Restaurant on Complaint Lincoln Street and Marrett Road. It was agreed to send a letter to Mr. John Castoldi, owner of the barn on North Street, advising that the Board h-s received complaints and also a report from the Building Inspector. The Chairman agreed to advise Mr Castoldi, thatr bom ttilitt -htiVe beth 94cei$,d and the Bbard could like hi* to'milke the .building as safe as possible for the heighhbihoed Within thirty days. The Chairman said, with reference to the Carriage House, that he still thought the own would have to take the case to court. Mr. Brown submitted the name of George Rowe as a Appoihtment possible appointment to the Board of Assessors. Upon motion duly made and seconded, it was voted to reappoint Mr. Stanley E. Robbins to the Board of Fire Commissioners for a term expiring May 1, 1966. The meeting adjourned at 12:10 P.M. A true record, Attest : pec iv �Cler , Selec en 6 1.