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SELECTMEN'S MEETING
November 14, 1955
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building, on
Monday evening, November 14, 1955 at 7:30 P.M. Chair-
man Bateman, Messrs. Gay, James and Maloney were pres-
ent. Mr. Burns, Superintendent of Public Works, and
the Clerk were also present.
Mr. Burns referred to the Chevrolet half-ton truck
Half-ton used by Mr. Charles Brenton and explained that if it is
truck to be continued to be used there is approximately $400
worth of work necessary on it. He stated that there is
a little over $1,000 balance in the new equipment account
and explained that when the budget was prepared the
quoted prices were used. However, competition has
been so keen prices have been reduced.
Mr. Maloney questioned the judgment of spending
$400 to repair a piece of equipment five years old.
Mr. Burns said that the truck has been driven
about 70,000 miles which includes many miles on snow
removal work.
Upon motion of Mr. Maloney, seconded by Mr. James,
it was voted to authorize Mr. Burns to obtain bids on
a half-ton truck to replace the one now being used by
Mr. Brenton.
Mr. Burns explaire d that Donald Miller, a meter
li D. Miller' s reader has polio and will not return to work for at
sick leave least another three weeks. He has used up all his
sick leave and had one week' s vacation before he was
stricken. He asked if the Board wanted to continue
to carry him on the payroll.
Mr. Maloney asked how long he had been in the
employ of the Town and Mr. Burns replied two years.
The Board was unanimously in favor of continuing
Mr. Miller' s salary during the period he is out with
polio.
The Chairman inquired about the number of decals
Decals in stock and said he thought all Town cars, including
regular cruisers should have decals and the Board
agreed.
Donnelly claim Letter was received from Joseph C. Donnelly, 48
for Forest Street, stating that he never had any water in
damages his cellar until September, 1954 when the Vine Brook
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IIbacked up and flooded the street in front of his house.
In August, 1955 the brook again backed up and flooded
the street at which time the water came up over his
lawn and into his cellar. Mr. Donnelly stated that he
believes he is entitled to recover damages from the
Town and enclosed a copy of letter he wrote to the
Board of Assessors requesting that his 195h taxes in
the amount of $312.80 and his 1955 taxes in the amount
of $326.40 be abated and refunded.
Mr. Burns said that Mr. Donnelly is talking about
floods from the hurricanes at which time Vine Brook did
back up over the streets.
The Chairman was authorized to advise Mr. Donnelly
that the matter is being referred to Town Counsel for
an opinion.
Mr. Stevens arrived at the meeting at 8:05 P.M.
The Chairman read a letter from Henry A. Nalkasian,
10 State Street, Boston, attorney representing Alex- Nahigian
ander Nahigian, 31 Middleby Road, in regard to damage claim for
by water which he claims is due to a nuisance created damages
by the town.
Mr. Burns explained that the culvert is not higher
than the bed of the stream, this is a private street
not accepted by the town and the culvert was put in
about seven years ago as a courtesy.
The Chairman was authorized to forward a copy of
the attorney' s letter to• Town Counsel for a reply.
The Chairman read a letter from Chester E. Earle,
29 Tower Road and R. L. McQuillan, 35 Tower Road in re
water on their property. Tower Road
Mr. Burns reported that he had told both indi- drainage
viduals he would try to work out a temporary solution.
To permanently correct the situation involves an ex-
pensive drainage project which he has included in his
budget for a number of years but which- has never been
approved. At present he is working on a temporary
solution which Involves obtaining permission from Mr.
Earle to lay a pipe through his land, and he hopes to
have it taken care of before the end of the year.
The Chairman read a letter from Alfred P. Tropeano
advising that he now represents Herman B. McKay in his McKay
claim resulting from the Town' s taking by eminent do- property
main proceedings, his land with building at 35 Waltham
Street. A copy of the letter is to be sent to Town
Counsel.
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The Chairman read a letter from Alfred P.
McKay Tropeano advising that he has been informed by Mr.
property McKay that he has removed his personal property
from the building at _b5, Waltham Street. The keys
to the property were delivered with the letter.
A copy of the letter is to be sent to Town Counsel.
Upon motion of Mr. Gay, seconded by Mr. Maloney,
License it was voted to sign a Sunday Movie License for the
Lexington The atre, Inc.
Messrs. Burns and Stevens retired at 8:25 P.M.
Mr. Charles E. Thompson, 57 Tarbell Avenue and
Mr. John L. Thompson, 62 Tarbell Avenue, met with the
Complaint re Board.
prowler Mr. Charles Thompson said that there has. been a
prowler around his house for three years. He looks
through the windows, runs around the house and twice
gained entrance to the back entry. The neighbor
across the street has chased him from Mr. Thompson' s
yard twice at three o' clock in the morning. He was
down there again this evening at quarter past six.
Mr. Thompson said he has discussed this with the
Chief of Police who stated that he cannot atationcd
man in the area. The cruisers have been down but the
police have never been able to find him.
Mr. Thompson suggested that the Chief assign one
of the detectives to the job.
The Chairman said he would discuss the subject
with the Chief tomorrow.
Both mentretired at 8:50 p.m,
Mrs. Edmund B. Morelli, wife of Officer Morelli,
Mrs. Morelli met with the Board, and said she would like answers
re: Sergeant to the questions in her letter of November 14th.
appointment The Chairman asked if her husband knew about the
letter and Mrs. Morelli replied in the affirmative.
She said they did not want to jeopardize his job so
she wrote the letter.
The Chairman said that Mrs. Morelli had no reason
for concern as her husband' s position was not in
jeopardy, he is a very fine patrolman and anything
skid this evening would not affect his position.
The Chairman explained that, in re the system
used in the recent appointments, is the same system
that every other appointing authority uses. He said
that if any one of the men at the top of the list
were not qualified the Board could then, with proper
reason and definite explanation, skip over them. He
explained that, according to Civil Service, any man
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11 who is eligible, and all those who took the, examina-
tion were, is eligible to fill the position. He
explained that is something over which the Selectmen
have no control,
He said that one question asked was in regard
to length of service and explained that length of
service is one of three factors taken into considera-
tion when the marks are determined. He said veterans'
preference is one factor, longevity is another and the
third is experience. He stated that all those things
are taken into consideration by Civil Service in ar-
riving at the final mark.
Mrs. Morelli said that the Chairman did not go into
detail as to what he did in the Army.
The Chairman said that perhaps he served two years,
perhaps six. He did not know how Civil Service arrives
at its rating. He said he would assume that a man who
had been a Military Police would be given credit for
experience that might not be given to a man who was a
bookkeeper.
The Chairman said that the Board felt the three
men who were at the top of the list were very fine men.
Officer Morelli is also an excellent officer and the
Town is proud of him but he did not receive as high a
mark as the others. He asked what the Board could say
that would be fair to the number one, two and three men.
Mrs. Morelli said that other towns skip the top
men and a three-year man would not be allowed to take
the examination.
The. Chairman explained that the Board works en-
tirely under Civil Service regulations.
Mrs. Morelli asked why it was the policy of the
Board to select those men and the Chairman stated that
the item in the paper to which she referred was in-
serted without authority from the Selectmen and she
could call Mr. Adams if she wished toi
Mrs. Morelli asked who was responsible for the
notice and the Chairman replied that it was a news-
paper reporter, had nothing to do with the Board,
did not come from the Board and that Mr. Adams was
criticized by the Board.
Mrs. Morelli asked if the Chairman thought it was
fair to appoint the young men and he replied in the
affirmative.
Mrs.. Morelli presented the following statements
which she said have been expressed to her husband:
1. Well, you got a raw deal. Doesn' t experience
count any more?
2. What' s the matter with the Selectmen, putting
those young fellows in:
3. Didn' t you have the money to pay off?
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4. You have to learn how to back down and
say yes.
5. What incentive do you have now?
6. I guess you don' t fit.
Mrs. Morelli said that when people say things
likd that there is something in the wind.
The Chairman said that the Selectmen do their
job as best they can and one of the things they have
to learn to take is criticism, good or bad. He asked
how Mrs. Morelli would feel if the situation were re-
versed and her husband was one of the young men at
the top of the list.
Mrs. Morelli said that her husband has been
eligible more. than once, and that the young fellows
have plenty of time. She asked if the Board felt
what it did was fair and honest and good for the
moral of the police.
The Chairman replied in the affirmative, and Mr.
Maloney said he did not think the Board would have
made the appointments any other way.
The Chairman asked if she felt Officers Woodward,
Dooley and Furdon had bad characters.
Mrs. Morelli said that she felt all the men in
the department are disgruntled about this.
The Chairman said that one. earns the appointment
or does not get it, and Mrs. Morelli said that her
husband earned it.
Mr. Gay explained that the Chairman meant it is
earned by the mark received on the. examination and
the Board has no criticism of her husband.
Mrs. Morelli said that Civil Service said that
the Board did not have to give a reason for skipping
a man at all.
The Chairman said that the Board could not criti-
cize Paul Furdon and his work at any time.
Mrs. Morelli asked if the Board couldn't have
said that he had plenty of time and said that no one
had talked to her husband and said they were sorry r,
about how he feels.
The Chairman explained that he had talked to her
husband yesterday and twice previous to that and was
given the impression that he understood the situation.
Mr. Gay said that he did believe the Board had
to give a reason to the Civil Service but he did not
know what action Civil Service would take..
The Chairman read the following statement from
the Civil Service Certification and Report Form:
'In each instance when the appointing authority ap-
points or promotes, as the case may be, any person
other than the person whose name appears highest on
a list certified to him or it by the Director for a
247
position, the appointing authority shall forthwith
deliver to said Director a written statement of his
or its reason for so appointing or promoting the
person so appointed or promoted and no appointment
or promotion of any person other than the person whose
name appears highest on such list shall become effec-
tive until such statement has been received by the
Director. Every such statement shall be filed in the
office of the Division, and shall be open for public
inspection".
Mrs. Morelli asked if that were so hard to do and
the Chairman said that he happened to believe in young
people.
Mr. Gay said that he did not know ah at Civil Ser-
vice would say, but he thought she should know what
has to be done and that the Board is obliged to make
a statement.
The Chairman said he could understand her disap-
pointment and could also see the angle if her husband
were number three and number five were appointed.
Mrs. Morelli said it is done day after day.
The Chairman explained that the Board had checked
with Town Counsel, who is also a M.D.C. Commissioner,
the appointing authority for State Police.
Mrs. Morelli asked if the Board thought the top
man was the man to get the appointment and the Chair-
man replied that he was unless there was some good
reason for not appointing him.
Mrs. Morelli said she thought a man' s qualifica-
tions should be taken into consideration and the Chair-
man explained that they had been. He said there is no
question about her husband' s qualifications ana neither
could anything be said about Paul Furdon except that he
was young, but being young was not a crime.
Mrs. Morelli said she thought the older men should
be given a chance and so do many people in this town.
The Chairman said that he would have disliked to
appoint anyone but the first three on the list when
they are as fine as these first three men are.
Mrs. Morelli said that she was not convinced yet
and retired at 8:20 P.M.
Mr. Arthur Newell, owner of 98 Maple Street, now
living in Medford; Mr. Quarndstrom, owner of 102 Maple St.
Maple Street, now living at 6 Newport Reda, 'Medford Sewer
and Miss Diana Grieves, 31 Commonwealth Avenue, Somer-
ville , met with the Board.
Mr. Newell said that he and Mr. Quarndstrom have
built houses on Maple Street and were in the hopes to
connect with the sewer so they could move in. He
said that he saw Mr. Burns but he gave them no definite
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date as to when the sewer will be installed. He
said he paid his deposit to connect in September or
October.
The Chairman explained that the contract has
been let for the sewer.
Mr. Newell said that the only hope they have
of moving in'without the sewer is to put in tem-
porary cesspools tnd that will be costly.
The Chairman said that he did not know what the
Board of Health would say about cesspools but they
may make an allowance. He explained that cesspools
do not come within the province of the Selectmen.
He said that the contr ctor is presently working on
Sherburne Road and having quite a time. He said
that the least vital of all the sewer problems this
year was down on Maple Street and that there are
other sections in the town where the condition is
actually a hei.1th menace. He said Mr. Burns' opin-
ion today was that they might, only might, get to
Maple Street some time before the end of the year.
Mr. Newell said that the engineers upstairs
told him last July that it was proposed this year
and would start in a month or so. He said he met
the surveyor in front of his house and he said
definitely it would start in three weeks and said
that he was more informed on some cases than Mr.
Burns.
The Chairman explained that the contract was
not let until the latter part of August and was
not signed until the first of September. He was
then given a list of areas in town in order of
their seriousness. From Sherburne Road he has to
stop sewage running down on top of Massachusetts
Avenue.
The Chairman said he could not give a definite
answer because if the ground should freeze up some
of the work may be stopped. He said that the Board
of Health might make some special concession but he
did not know what they would do.
Mr. Newell asked if the contract could be
changed and the Chairman said that the contractor
has just so many men working for them. If they
hire more men they have to hire more equipment.
Mr. Maloney suggested that the Chairman dis-
cuss the problem with the Board of Health to find
out whether or not some temporary solution can be
worked out.
The group retired at 9:35 P.M.
Camp for Letter was received from C. W. Martel, 3
Police & Sunny Knoll Avenue, offering the use of his camp
Fire Depts.
249
at Newfound Lake, New Hampshire to deserving members of
the Lexington Fire and Police Departments during the
periods from about May 1 to June 20.
The Chairman was instructed to send a copy of the
letter to the Chief of Police and Board of Fire Commis-
sioners with instructions that the information be made
available to the personnel and also that they confer with
Mr. Martel re working out details.
Letter was received from the Planning Board advising Baskin
that Jahn Baskin has offered to give Lot 36, shown on Land offer of
Court Plan 24306A by Miller & Nylander, dated April 26 and land
28, 1953 to the town as a recreation area.
An appointment is to be made for Mr. Baskin to meet
with the Board and discuss the subject in detail.
Sealed bids for printing 500 copies of the 19514 Bids
Annual Town Report, 200 copies of the School Department
Report, and 50 copies of the Accountant' s Report were
opened- by the: Chairman and read as follows :
Atlantic Typesetting Company
500 copies $ 6.80 per page
200 school 123.60
50 accountant 64.80
Somerville Printing Company, Inc.
500 copies $ 4.55 per page
200 school 2.10 per page
50 accountant 2.10 per page
Upon motion of Mr. Gay, seconded by Mr. Maloney, it
was voted to accept the low bid submitted by Somerville
Printing Company, Inc.
The meeting adjourned at 9: 55 P.M.
A true record, Attest:
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S ectmdn
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