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HomeMy WebLinkAbout1953-06-08-min 1 SELECTMEN'S MEETING 11111 June 8, 1953 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, June 8, 1953 at 7 :00 P. M. Chairman Reed, Messrs. Nickerson, Bateman and Gay were present. The Clerk was also present. The Chairman read a letter from Eugene J. Aubert, 75 Lowell Street in reference to two dead elm trees along his property line which he would like to have removed. Shade trees He said that the trees are definitely dead and are located on a lot of land owned by a man in Belmont who purchased the lot but is unable to obtain a permit to build because the Board of Health refuses to approve the soil for cesspool or septic tank. It was decided to advise Mr . Aubert that the trees are on private property, give him the owner's name and advise him that he may be within his legal rights to cut off any of the branches that overhang his property. The Chairman read a letter from John F. MacNeil, requesting consideration toward crediting him with Insurance J additional fire insurance which will be increased due to the construction of the new High School. The Chairman read a letter from J. J. Sullivan, 1116 Massachusetts Avenue, requesting a portion of the Town's insurance. Insurance Upon motion of Mr. Nickerson, seconded by Mr. Bateman, it was voted to advise Mr. Sullivan that his name will be placed on the list for consideration 111 when further distribution of insurance is made. The Chairman read a letter from Mr. Carroll, Town Clerk, advising that the Moderator has appointed the following individuals to serve on the Refuse and Ctnmittee Garbage Disposal Study Committee: Messrs. Leon W. Bateman, Charles H. Cole, Thomas J. Donnelly, Jr., William G. Potter and Roland Wardrobe. Mrs. March' s offer of $100 for lots 631-634 Freemont Street was held over. The Chairman re- ported that he and Mr. Bateman had looked at the lots which are away in on Freemont Street on the right hand side, and in their opinion are good lots. He reported that there is no water in the street, which is actually only a dirt road. He explained that Mrs. March owns two houses and two lots of 2 II Qui land in the same area, and she wants these lots for a niece who may be married some day. Both the Chairman and Mr. Bateman felt that the lots were being bought for speculation, and it has Tax Title been the Board's policy to discourage speculative Property buying. Upon motion of Mr. Bateman, seconded by Mr. Gay, it was voted to entertain an offer of $200 for each lot . The Chairman referred to Lot 7, Block 95 Reed Street, for which Mrs. Cunha offered $50. He read a letter from Mr. Carroll stating that this lot was sold by Jacob Wiley to a Rose Turner who never recor- ded the deed . The property became tax title and was foreclosed by him as land of low value in 1933. Tax title Through that procedure the town became the owner of property the property, and it has not been assessed since 1933. After the death of Rose Turner, Francis E. Burke, at- torney, handled the estate and has consulted Town Counsel in the matter. A copyof Mr. Carroll' s letter was given to Mr. Stevens. The Chairman referred to Arthur Massucco's offer of ' 200 for lots 22, 23 and 25 Valley Road. He re- ported that this is a very flat piece of land just Tax title opposite the entrance to the pumping station and runs property back to the railroad. Lot 24 is not tax title property. The Board was not in favor of selling these three lots leaving one single isolated lot, #24, and it was decided to invite Mr. Massucco in to discuss the sub- ject. Mr. Burns arrived at the meeting at 7 :35 P. M. The Chairman referred to Mrs. Florence Johnson's offer of $50 for lots which she thought were 49 and 50 at the rear of her house. Tax title He reported that lot 41 is not owned by the town. property The Board authorized the Chairman to advise Mrs. Johnson as to who owns lot 41, and, if she is able to purchase that lot, the Board will give consideration to her offer• for lot 40 which is owned by the town. The Chairman read a letter from Mrs. Winifred L. Holman, 275 Concord Avenue suggesting that the town Concord erect a 'No Passing' sign east of the Blossom Street Avenue hillock. Mr. Burns reported that there are already "Slow' and "Children" signs painted on the street. 11111 3 The Chairman was authorized to advise Mrs. Hamm that the Board is of the opinion that every reasonable precaution has been taken and further that Concord Ave. is on the agenda to be widened as soon as possible . Letter was received from Arnold R. Currier, 2 Larchmont Lane, re flooding of his yard and cellar after rain storms. Mr. Burns explained by a sketch where this man lives and explained that the only solution is a drain coming up Revere Street and taking in Larchmont Lane Drainage which will cost in the vicinity of $7,000. He said Complaint there is no question but that the lawn is flooded, but he doubted if the situation is bad enough to flood the cellar. He said that this project would be a large expenditure of money to correct a situation which in- volves only one individual. Mr. Nickerson asked if the water is actually be- ing dumped in there, and M . Burns replied that it is water off Larchmont Lane, and there is no question but that it is the town's responsibility. Mr. Nickerson suggested advising Mr. Currier that, with all the drainage problems in the town, this would undoubtedly be a number of years off. The Board decided to view the property. Mr. Burns asked for a definite ruling insofar as June 17th as a holiday is concerned. Holidays Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to approve the following holidays for the Town Offices and Public Works Department: January 1 New Year's Day February 22 Washington's Birthday April 19 Patriot Day May 30 Memorial Day July 4 Independence Day September 1 Labor Day October 12 Columbus Day November 11 Armistice Day Thanksgiving Day December 25 Christmas Day Mr. Stevens arrived at the meeting at 8;05 P. M. The Chairman said that he had a talk with Mr. Burns about the man who purchased the Sencebaugh house who claims that he is not getting any water. The line was installed privately and the Town had nothing to do with it . He told him that there is not very much that the town can do about it and that he would have to solve the problem himself. 40.1 Co Mr. Stevens reported that he and gr. Burns are both up to date on the Air Force sewer contract. He recalled that the town has rent control in effect until July 30th per vote of the Town. Now there is a new Act which provides for setting up local rent control, and the Act is applicable only if accepted by a vote of the Rent Town Meeting. Upon its acceptance it becomes effective Control immediately upon cessation of Federal Rent Control. He said that it looks to him as if there would have to be a Special Town Meeting before July 31st to determine if Lexington is to have rent control after that date. Letter from the State Department of Public Works re release of portion of water betterment assessment levied Release of against land of McDevitt was held over. assessment Mr. Stevens reported that he got in touch with them and asked for information. Miss McMorrow said she would have a conveyancor call him but as yet he has heard noth- ing further. Letter was received from Richard S. DeCola, 797 East 3D Street, South Boston applying for a taxi license . Inasmuch as the rules and regulationsrpertaining to public carriages and taxis requir9 that the applicant and drivers of taxis be a resident of the town for at least six months prior to submitting the application, 111 license was denied. Messrs. Stevens and Burns retired at 8:50 P. M. Upon motion of Mr. Gay, seconded by Mr. Bateman, it was voted to grant the following licenses : David S. Michelson 30 Harding Road Guide Lex. Amusement Co. 1794 Mass. Avenue Sunday Movies The Chairman read a letter from Daniel E. Davis, on behalf of the Fallen Community Church, requesting permission to use Cary Hall on October 17th for a dinner, musical entertainment and speaker. The Chair- Use of man said that this is to be a drive for building funds Cary Hall for' the church. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to grant the use of the hall, subject to adherence to the stipulations in the will of the donor of Cary Building, pertaining to non-religious uses, and further that the Board be advised as to who the speaker will be and also his subject. I 5 At 9:00 P. M. the following members of the so- called Town Manager Committee met with the Board: Chairman Belcher, Messrs. Sands, Hoyt, Tarbox and Mrs. Litchfield. Discussion was held as follows : Chairman: We called this meeting on Mr. Belcher's request. Belcher: We are a committee of five appointed under the vote of Town Meeting, and, as I understand it, we have been called to prepare and present to the Town Meeting members a Town Manager Plan for Lexington. That is a tremendous task. To my way of thinking, and the Committee, it means to present to the Town Meeting a Town Manager form of government and a Town Charter of some sort. If that is not the way you look at it, then we should come into accord. Chairman: I think the Board is definitely in agreement with that. Belcher: I don't know if anyone of us want it when we realize the work that is involved. We would like to get information from you because, after all, the Selectmen are the most important group 111 in Town. This Charter must work around how the Selectmen wish and how Lexington can function if we do have a manager form of government in tom . In order to write a Charter, it means taking out the best parts of other Charters or the parts that will fit best for Lexington. In order to do that we will have to have ideas from you people and from the Appropriation Committee as to how you think a Charter should work and what we should have in the Charter. We have already had two meetings as a Committee and are now trying t o find out' what some of the groups in "Town think about it. I don't know how much you gentlemen know about Town Charters. In a Town Manager form of government the Selectmen act as policy makers, and the Manager acts as administrator. He acts as administrator to the extent the Charter allows him to. Basically the Selectmen function on policy and, in a Town Manager form of government, the Manager is the administrator of all the policy that the Selectmen and the Town Meeting members wish to have carried out . I really don't know where to start or what to ask you. Perhaps you have some ideas. s 2C CLC Chairman: We have been very disturbed about the motion be- cause we felt it was a large order ror anyone to undertake and come up with a plan when the Town has not yet accepted the form-6f government. I would think you would have to have the Town vote whether or not it wants Town Manager form of government. Litchfield : As I understand it, we present a Charter and the Town Meeting Members vote whether that would go to the Legislature, and then it comes back to the people for referendum. Chairman: I should think you would first have to have a vote to see if the Town Meeting members want a Town Manager form of government. Belcher: The vote reads "That a committee of five Town Meet- ing members be appointed by the Moderator, Chairman of the Appropriation Committee and Chairman of the Board of Selectmen, to prepare and present to the Town Meeting members at the next annual town meeting a Town Manager plan for Lexington.'" That means that the Town has granted this Committee permission to present to them a Charter. Chairman: That is right. The people hive not voted as to whether or not they want a Town Manager form of government. Belcher : They don't have to do that. They vote on the Charter first. Chairman: I would think that the people would vote first whether or not they want a Town Manager form of government oefore you make up a plan. Belcher: After the Charter has been accepted by the Legis- lature, it then comes back for a public referendum. Gay: Is there anything that would prevent it being placed before the people on a referenaum first? Belcher: It has never been done that way that I know of. Gay: Supposing you draw it up and then find out that the people don't want it. Hoyt : That is what took place at the Town Meeting. Probably 75% of the people actually did not realize and thought they were voting for another committee. I 4 __ 7 Sands: I am entirely in favor of this in every respect. I brought it out. The, way to do this is to offer the people something which can be thrown out by the Town and then if the Town Meeting throws it out, the Town can start a referendum themselves. I believe it would be for the good of the Town and especially for the Board of Selectmen and all those that are a part of it. I think it would be an aid to you gentlemen for the Town is now the size, or it should be. It would avoid labors that you fellows have. It makes a division of department jealousies, people that are unhappy, and I think the Town Manager plan would change it. {Mr. Sands read an excerpt from a publication by the Taxpayers Association. ) I brought this thing up because, three years ago, a motion was made for a plan, and the plan of the committee was presented and last year Was a good idea, but Lexington did not need it at that time because we had adequate and satisfactory gentlemen handling the conditions of the town. It was a weak report and did nothing but say everything that the previous committee had, except that we don't need it. I think the Town needs and will eventually come to it, and I think the thing to do is bring it before toe people in this form. I did not know the pro- cedure. This Charter procedure, we don' t recognize anything but the facts. In this case it is a tre- mendous procedure and no one in this committee has any idea to do anything but make everything in our town that is good work better and eliminate some of the things that can be done better. We want to know exactly how far you want us to recommend. Do you want a man with complete powers? I understand it might affect your present set-up. Still the Town Manager plan, to work right, will coordinate all the loose ends and departments and bring every- thing under one plan. We want you to tell us any weak links where you think you would be helped by a Town Manager. You most definitely have weak spots in the set-up whereby you could be helped by a man who would qualify. Gay: Your Town Manager would be over what departments? Belcher: It can be over every department except the School Committee,. . Chairman: He will do the purchasing for the school? 8 CL Belcher: Only if we set it up that way. Nickerson: I am unsympathetic to the object of this committee. This is first, a friendly con- versation, and I will make my position clear. At the time I took this position, the entire Board was unanimous. When Mr. Locke' s com- mittee had made a thorough study,they called me up, as I was chairman of the Board at that time, and said that they had come to the opin- ion that, whereas some time in the future, maybe near future, Lexington would need a Town Mana- ger, they felt that the time had not arrived. The thing I don' t like about this is that one man who has an idea in his mind that he wants to see executed is able to bring it into Town Meeting, reopen Article 2 and have a committee created to present to the Town a Town Manager form of Charter under which this Town would be operated for many, many years and to im- pose that burden on five, ten or any number of people in a short period of a few months, is almost an impossible thing. It never should be allowed to be started this way. There was no article in the Town Warrant covering it whereby it would be studied at precinct meetings and discussed but was put in as a vote and, as someone said, 75% of the members thought it was just another committee to work, study and report back, but did not think that the committee was to make up the rules for the next number of years. We feel it was not started off in the right way. It should have been in the Warrant as an Article, prestudied and the Town Meeting maktiesss aware of what was being done. We really think that, in spite of the fact that Walter feels we are so over- burdened, the Board is able to devote itself to the extensive work of the town success- fully, reasonably so in spite of the fact that you hear poor remarks about our Police and Public Works Departments. I don' t see any chance of .any savings to be made. Maybe we are losing money through unskillful pur- chasing, but we can' t see it. Arlington has taken over. Arlington is close to 50,000, and we are 2/5 of that. I think I can speak for the other members of the Board that we feel that way about it. I fail to see how you can come out with the answer. The Board will be willing to co-operate, study, spend time with you, but I think that is the way we feel. 9 Chairmanr That is the way I feel. I don't know where to look to find a weakness for you. You will have to ask us the questions. Hoytr A Charter provides certain opportunities which don't otherwise exist. Do you have certain Departments in town that are now appointed which could be served better by elective and vice versa. That is the thing t the Charter permits you to do. It permits correction of a lot of things of that kind. In writing a Charter you get those things in there that you feel, over the years, the Town would be better served by the method of finding a Town Official. Whatever you do will, of course, stand for a good many years. In looking over these Charters I see that almost every case they have all used almost invariably the same language. As I see it, many of the towns had the prob- lem of foreman of water, foreman of sewer, foreman of parks, and they were loosely co- ordinated by the Selectmen and, in order to make more coordination, they went to the eextent of having a Town Manager which, in effect, brought those things into line . Actually, we have a situation in existence, as I have told this Committee, which makes it difficult for us to put our fingers on what wants to be corrected. The Public Works Department is the main function of the Town, and to a great extent does take a lot of the responsibility of the small routine business off the hands of the Selectmen, leaving that Board the business of discussing overall policy. It seems to me e that the only thing I can see that we can get is whether you think the various depart- ments are working at best as appointed or would function better elected, or would elected officers work better by appointment. The Charter permits those changes to be made. Tarbox: When I was asked to be on this committee I was not acquainted with the Article, and the Moderator did not know What it meant. Here is the situation. The Vote is as it reads, and we can't change it. I would like to ask you what we should do if we don't do anything. We will have to bring in a Charter or drop it entirely. 10 CL Gay: Make a report of progress and ask to have the Committee continued. 111 Bateman: I am not sure that I know what a Town Manager does. What does he usually accom- plish? Nickerson: If you read the report that the committee of five presented a year ago, it dovered the high spots as to what he does. Litchfield : What do ap- pointed think should be a y gentlemenp pointed and what elected? Chairman; The reason for Town Manager form of govern- ment in Arlington was they had a lot of trouble in the Public Works Department; too many men and too many bosses. Here in Lexington we don' t have that situation. We have a Town Engineer and the Superintendent of Public Works, the same man. The Board of Selectmen is the Board of Public Works here. We only have about 138 employees in the Town. Most of the work is done by private contractors, where Arlington was doing it with their own men. With the new Board, they let some of the work out on con- tract. Most of the Town Meeting members in Arlington are employees. You can't compare Arlington with Lexington. I don't see where the Town Manager form of government will be of any value to the Town. It may save something, but very little. You will have to pay the Town Manager at least $10,000 a year. I disagree with Walter, and I am certain that we are not overburdened at the present time. In the future we may be. As far as elective officers instead of appointive, it could be the Board of Assessors. Sands : What about the Cemetery Commissioners? Chairman: I never think about them. Tarbox: There are 25 or 30 forms of Town Manager that have been approved. Chairman: We have always .had three or four bids on any- thing we ,purchased which was of any value. We have competitive bids« We don't have to ad- vertise, but we do. We have always taken the lowest bid unless we can get better quality. i111 i Sands : You can think everything is all right, and it may not be. There are people in this town talking about all the Selectmen get. This eliminates that. My feelings in the matter have been influenced by so many people who have come to me and skid that the town should have a Town Manager Plan available . I think the Appropriation Committee thinks there should be some type. I am not the only person in town feeling this way. I don't want anything unless the people want it and it is best for the town. If it does not work all right for you fellows, all right . I think it is our business to present something that is workable and usable. Gay: You *1st have some reason or know something that is not right to want a Town Manager to straighten out. Sands: I have nothing in the back of my mind. People think there are too many loose ends; that you can't come down here one night a week and handle everything. Unless you know what is wrong and what to correct, how can you draw up the form of government? When you read the Charters you will see how the Town can be straightened out. It will eliminate the de- partmental jealousies. Nickerson: Why, after two studies, when you wanted a third try at this problem, didn't you just make a third try? Eventually, if this town needs a Town Manager, you know that the town will get it. Sands: It was my point to speed, it up. Nickerson: You speeded it up, but you went in reverse. If it defeats itself, wouldnit it have been better to ask for another study at the correct time? To just pick out a form and present it to the Town, I think is going in reverse. Sands: I feel that both of the Committees were chosen to oppose the Town Manager form of government. Errol Locke was opposed to it. That was not fair. This committee, I think I am the one for it more than anyone else. I don't think that committee was honest. Nickerson: That was a very fine committee. They studied the problem wholeheartedly and unsparingly of the time. Your opinion was that the committee was handpicked, and you know it was not. 12 CL Sands : I was for it and never put on the committee. Why wasn't I? It looked sneaky to me. Nickerson: The Moderator appointed both of those com- mittees, and I can't tell you why you were not put on. The vote was made and you have to follow through. If you decide not to follow through, you would have to resign, and the Town Moderator would have to appoint another committee. Sands : The motion was to bring it up so that the people of this town and the Board of Select- men have a chance to say what they want to say. Nickerson: If you had done it by putting an article in the warrant, it would have been studied by Town Counsel, and this would have been straightened out. Sands: I think most of the people thought they were voting on whether or not they wanted a com- mittee to bring in a report on Town Manager plan. Tarbox: The Town Moderator did not understand it. Sands: All I want is for the people of Lexington to vote on whether they want a Town Manager plan. ' ckerson: What you had in mind was to have a committee formed and have them come to Town Meeting next March and say that they recommend that the Legislature adopt a Town Manager form of government. Sands : I want to give the town an opportunity to ex- press either by referendum or something. It says a Town Manager Plan and says nothing about a Charter. Hoyt: This committee would very well have the nucleus of a plan which could be the basis of a Charter which would be presented at the next Town Meet- ing, and, at that time, the town could vote that they wanted that incorporated in the Charter to be presented to the Legislature. Tarbox: You are just calling it a plan instead of a charter. 13 Sands : I am not trying to force a Town Manager Plan in Lexington if the people don' t want it, but I do want them to have a chance for a vote. If„ you could bring in a report and say we recommend a Town Manager Plan and a Charter to be adopted and Town Meeting voted it down, it would then seem that the Town does not want a Town Manager form. Nickerson: Would you tackle this from a more informal angle in re Louie 's suggestion? Hoyt: Give Town Meeting all information as to how the Charter would be and ask if they want it done. It would not be an ironclad project. Sands : We would not be qualified to set up a Charter. After you have that, then you must have a sponsor at the Legislature . If the State changes its viewpoint and allows a mild form cif' Town Manager where the Engineer is really the Town Manager, would you be in favor of that for the Town without going through all the rest of the Town Manager forms, Belcher : If the State adopts a permissive Charter, we Sands : could more or less adopt that Charter. If that is coming, the work on this thing here would be lost anyway. Hoyt; It shows the thinking of the Legislature that there is not enough call for this type of legislation as yet. Before too long it will go through the Legislature, and many towns will use that permissive legislation. Sands: If this committee brought in a plan for Town Manager for Lexington, we could set it up. We could make a recommendation that a Charter be composed and offered to the town for a Town Manager and offer that as our report and then ask for a vote on it . All we would have to do is to bring it in as a report. Unless we get it in the Town Meeting, it would die again. Nickerson: You could have an Article in the Warrant that would lay it before the townspeople. Belcher: That would eliminate about one-half of our job. Sands : My purpose is to get something going to get :an expression of the town and let the voters have an opportunity to vote as to whether or not they want to have a Town Manager plan. 14 1.4c- a Tarbox; It would not be too difficult to bring in a plan that has been approved for some other town and adapt it to the jobs we would like to have it do in Lexington. Belcher : The Charter can state if the Selectmen shall make the appointments or the Town Manager will make the appointments. Gay: How can you bring in a plan if you don't know what you want to correct? Belcher : It is not correction. It is just to take the burden off the Appropriation Committee and the Board of Selectmen and all the others. Gay: Supposing the Boards say they are getting alohg all right? Belcher: Then the Charter will have to be set up by the Committee with their ideas. How much control of the personnel you will give the Manager is what the Committee will have to decide. Gay: I can see what he is, but why do we need it? Belcher: We could onlydraw a plan that would give the Manager the tools to work with. He would be faced with Planning, Public Health, Welfare, Charities, Public Works, finance, all your public services and public relations. It is far more than just a Public Works Department head. $e would contbol all the administratige work of the town, depending upon the contra]t you give him. We have weak forms of Charters and strong forms of Charters. The weak form, the Selectmen are the same board as they were before they had a Manager who does what the Selectmen want him to do. In a strong form the Charterives the Manager as much control g g as he needs to carry out the functions as the Charter says he has to carry out and administer the policy determined by the people and the Selectmen. Sands : The taxpayers come out better with one of these Managers. Belcher: All the activities of the town would be under one office. We still have the Appropriation Committee under the Town Manager form of governrr- ment. The Manager sets up a budget he would like, and it is discussed by the Appropriation Committee and the Selectmen. 15 Gay: The Town Manager would take over all the 111 departments? Belcher: The School Committee is eliminated except in some cases the Manager is authorized to take over maintenance of buildings and purchas- ing for the School. Committee, but not textbooks. Nickerson: As I understand it now, you have a feeling that you would make an informal recommendation to the town supplemented by a mass of data which you will have to acquire but will not have to be in Charter form, and, secondly, you are going to examine all phases of the different departments of the town to collect the data and base your decisions as to the form you would recommend . You have come to us first to see what we can do to help you. We have no feeling against Town Manager form of govern- ment; timewise I have, but I am not ugly about it. If something is presented to Town Meeting in proper form,all right. You want the inform- ation we can give you to help you to make up your minds. Is that right? Sands : Yes. Nickerson: Why don't you prepare a list of the departments with questions and have another meeting with us, and we will discuss it from your angles and from our angles? Tarbox: No doubt there are troublesome points in other departments which you might discuss before we come down again and bring them to our attention. The meeting adjourned at 10:10 P. M. A true record, Attest : C erk / I