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HomeMy WebLinkAbout1964-01-06-min 37 SELECTMEN'S MEETING January 6, 1964 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, January 6, 1964, at 7 :30 P.M. Chairman Cole, Messrs . Brown, Burnell, Cataldo, and Sheldon were present Messrs . Gray, Executive Assistant, Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. Mr Gray reported that he had contacted Mr Frank H. Walker re]ative to the taking for a sewer easement Walker slain through his property on Bacon Street. He is going to meet with Mr. Walker, at his convenience,to discuss settlement and reported that Mr Walker did raise some questions about parking equipment on the land. Mr. Tropeanos letter with reference to B. J. Pentabone 's contract for construction of Worthen Road was held over . Mr Carroll reported #hat there are several minor items in the subdivision that have to be done yet, none of which related, he thought, to the widening or the Tropeano re installation of a 12" main over the 8" main. He said Pentabone if the Board had no objection, he would recommend that the $16,504.59 be paid. He explained that the $15,625.89 figure mentioned in the letter, appears to be the bill Mr. Tropeano received from B. J. Pentabone, and has no relation to the $16,504.59 which is the cost of the difference between constructing a 70 ' layout against a 50 ' layout and the difference in the size of the water main. Mr Burnell said $16,000 plus is what the Board agreed to pay Mr Tropeano. Mr . Sheldon asked if, as far as the Town is con- cerned, the conditions had been met, and Mr. Carroll replied in the affirmative He suggested that the Town hold back 10% until the entire subdivision has been completed, and advise Mr. Tropeano that the balance will be paid when the subdivision has been approved by the Planning Board. The Board agreed that it might be to the Town's advantage to hold back 10% Mr . Carroll suggested, from a public relations standpoint, that it would be wise for the Board to try 3 8 Cr and cooperate with subdividers so that these sections will be paved Mr. Sheldon said he was in favor of paying the $16,504..59 less 10%, as recommended by Mr Carroll. Upon motion duly made and seconded, it was voted to pay the Vine Brook Realty Trust the sum of $14,854.13 and to hold 10%, or $1,650.46, until the entire sub- division is completed to the satisfaction of the Super- intendent of Public Works, and upon granting to the Town of Lexington the utilities in Worthen Road as shown on the approved subdivision plan. The Chairman readtt a letter from Mr. Alfred P. Tropeano advising that he has been retained by Harry M. Sullivan of Maple Street , in a claim for property damage from a taking by the Town of a portion of his land situ- Sullivan ated on Winter Street . claim Mr. Carroll recalled that this subject has already been referred to Town Counsel and that the Board had agreed to make an offer. Upon motion duly made and seconded, it was voted to refer the letter to Town Counsel. The Chairman read a letter from Mr. Alfred P. Tropeano, on bebaf of Harry M. Sullivan, petitioning Sullivan for an abatement of the street betterment assessment request on Winter Street in the amount of $1,64.5 60 for abate- Mr. Carroll mentioned that this letter was re- ment lated to the claim in the previous letter from Mr. Tropeano. The Chairman said this was a case where Town Counsel would have to get together on both matters It was agreed to refer the letter to Town Counsel and to so advise Mr. Tropeano. Distribution of insurance commissions was held over from the last meeting of the Board. Mr. Bray reported that he talked to Mr. Stolz, of Brewer & Lord, and was advised that it would be very diffi- Insurance cult to assess what the rates would be. He cannot give Commissions an answer as definite as the Board would like to have. Mr. Cataldo asked if Mr. Stolz was as positive talk- ing as he was the day he was in the office, and Mr . Gray replied that was the impression he received. Mr Burnell asked if Mr. %tolz would give the Board additional information later on. Mr. Sheldon said he thought the Board had received all the information it will on this subject Mr. Brown s id he thought there is a possibility in 31) a couple of areas where something could be done . He said the largest part of the program is in the fire. Mr . Sheldon asked what this would amount to, in Mr. Brown' s opinion. The Chairman said as a guess it would be $1,000. Mr Brown said a he thought it would be $500. He said Brewer & Lord would be receiving in excess of $5,000 before any split is made. Mr. Cataldo said on that basis, the Board was talking $3500 on the 70-30 split, and just using the $5,000 figure, it is talking $3500 one way or the other. If the Board would say that the company keep all the commissions it would only save $500 for the Town. Mr. Brown said he thought this would be in the area that could be saved if the company would do it. He stated if they are talking $8,000 or $9,000 commission, there is all the more reason for them to say this. He said, based on what has been the guide in the past, it does not come anywhere near. Mr. Sheldon said it comes down to not what is best for Brewer & Lord and not what is best for the other brokers, but what is best for the Town Mr. Cataldo asked if these figures would be available to the Board. Mr. Brown replied that he did not think they would; it has never been required. Mr. Sheldon said what makes it difficult is the Board is talking projection. The Chairman said any time the Board makes a decision, it must be made in good conscience and the Board must be able to back it up. He said, in his own mind, the Board has a firm handling the insurance and he thought the honor- able thing to do is pay this firm whatever the going rate is . He said it is difficult to justify splitting com- Missions . Mr. Cataldo said no one does not want to pay Brewer & Lord. The Chairman said he does not like to split commissions . Mr. Cataldo said what the Chairman was trying to say is give it all to Brewer & Lord. The Chairman said that was correct . Mr. Brown said he was in full agreement to giving it all to one. Mr. Sheldon said there would be a saving in 1964 Mr. Brown said there is no guarantee there is going to be a saving He stated that if the Board tells Brewer & Lord to do whatever it wants with the commissions, there will be strong bids and then, he thought , the Board would really have to look at this They will come in and say they can do it for X number of dollars less, at which Mr Brown replied that he did not think much of anything 0 6 r." C1' time the Board will have to give it some serious con- sideration There will be a bid situation. The Chairman said bidding on insurance is not desir- able. The low bid does not necessarily mean that the Town is getting the best service. He said he thought the Board was in agreement that it would not want to see it go out to bid Mr. Brown said he was in agreement to giving it all to Brewe - & Lord if the Board agrees to open it up for bidding. Mr. Sheldon said he would not like to assent to that . Mr. Brown said there are a number of men locally who have received some part of the commissions year in and year out and have always been willing to work during the year but have never been called upon and never have been given the opportunity to help. The Chairman said, in consideration of their avail- ability and willingness to hai.p, Mr. Brown felt they should get a share of the commissions. Mr. Brown said that was a fair statement, but he would confine it to those maintaining an office here in Town. Mr. Sheldon asked what split he would then suggest. Mr Brown replied any split the Board may desire . It might form a local committee to advise the Board through Mr. Gray Mr . Sheldon said theBoard must make the decision itself. Mr. Brown stated that no one will make any suggestions unless they know what is going on and perhaps this would be good for everyone involved Mr. Cataldo said if a committee wereset up, there would probably be disagreement about Brewer & Lord and asked what would be done then Mr. Brown said his thought was that those fellows the Board asks to serve on a committee world be doing so as citizens of the Town Mr. Gray said this proposal might work if the Board requested a report from Brewer & Lord. When the report is received, it might be possible to use a committee to evaluate this . The Chairman said it would be very difficult to divorce the individual citizen from his business . He said one having an attorney does not consult another attorney unless there is dissatisfaction. Mr. Cataldo said he agreed with the Chairman. This would open Brewer & Lord to more criticism. He stated that if the Board retains Brewer & Lord as its insurance agent , then the Board should take the re- commendation. , 4l Mr. Brown said the Town had never been offered collision coverage on the vehicles until he asked for it. The Chairman stated that the Board has an Execu- tive Assistant who implements any policy the Board makes. The Board makes the decisions from recommendations of Brewer & Lord, brokers of record, and upon the knowledge that the Executive Assistant has, who has worked with this before . He said he thought this adequate. Mr. Sheldon suggested taking this subject under ad- visement and settling the main issue Mr. Cataldo recommended distributing the commissions, limiting it to those maintaining a business in Town. Mr Sheldon asked about the percentage, and Mr. Cataldo recommended 70% - 300. He said it would require more time from Brewer & Lord, and he thought the minimum they should be given was 50% He explained that the commission to Brewer & Lord should be large enough to require good service. Upon motion duly made and seconded, it was voted to distribute the commissions on the basis of 50% to Brewer & Lord and 50% to agents in the Town having an office in a legally zoned area, with the exceptionof the Otis S. Brown agency;the agents to participate and receive 6.25% as follows : W. Dana Bartlett, W. S. Couette, William H. Lyon, John F. MacNeil, Charles P. Vaughan, J. Quinton Rush, Fred Hersom, and Ellison F. Beckwith. Mr. Sheldon said this is the decision for 1964 and may not be the decision for 1965 The Chairman read a letter fromMr. John J. Carroll to which was attached a cooy of the Chapter 822 project Request to the State Department of Public Works. He Article recommended that an article be inserted in the warrant for the 1964 Town Meeting to use Chapter 822 funds on Massachusetts Avenue Notice was received from the Department of Natural Insect Pest Resources advising that it has been determined that an & Dutch Elm appropriation should be made of $8600 for Insect Pest Appropriatior. Control and $17,000 for Dutch Elm Disease Control. The Chairman read a letter from the Alcoholic Beverages Commission, advising that a Commission In- Berman's vestigator reported certain violations in connection Market with the licensed business of Berman's Market, Inc. violation Upon motion duly made and seconded, it was voted to hold a hearing on the subject on Monday, Janupry 13, 1964, at 8:30 P.M. 42 .J 1 Upon motion duly made and seconded, it was voted to appoint the following individuals to serve on the Conservation Commission, authorized by vote of the Conservation Town on November 25, 1963, under A"title 9 of the Commission warrant Francis W. K. Smith, Aiden L. Ripley, Jules P Sussitan, Stephen F. Ells, William S. Richey, and Paul Mazerall, Ex-Officio. Upon motion duly made and seconded, it was voted Cert. of to certify the characters of Stephen Tavilla, 17 Burroughs Inc. Road, and Peter D 'Arrigo, 1 Lantern Lane, satisfactory referees having been received from the Chief of Police. Petition, signed by eighteen registered voters, Question was received requesting that a question pertaining to for ballot extension of contributory group hospital, surgical, medical insurance to elderly retired persons be placed on the ballot for the Annual Town Meeting. Upon motion duly made and seconded, it was voted to grant the following licenses : V. Donald Foster Taxi Driver TAilliam R. Callahan Angus W. McIver Robert B. MacIver Lexington Motor Inn Restaurant Common Victualler Battle Green Inn Anthony 's Restaurant " Brewster 's Inc. " " Lexington Bowladrome Early Bird Restaurant " " Wild Acre Inn IT Woodhaven Country Stores " Wild Acre Inn Innholder Early Bird Restaurant Common Victualler Rowe Chevrolet Sunday Sales 1st Class Agent Sealed bid was received from the Somerville Printing Company, Inc.1f the only reply out of seven invitations for printing 700 copies of the 1963 Annual Town Report at $5.60 per page ; 800 copies at $5.85 per pace and 500 copies of the School Department report at $4.00 per Town Report page Upon motion duly made and seconded, it was voted to accept the bid of $5.60 per page for 700 copies of the Annual Town Report for 1963, and $1 .00 per page for 500 copies of the School Department report. 4.- Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held Minutes on December 30, 1963. Mr. Cataldo referred to the request received from the Board of Fire Commissioners, to have an article in the warrant for the Annual Town Meeting in March for an appropriation of $13,000 to purchase a new Engine #4 Mr Cataldo suggested the installation of a new engine and a new front end as there is no history of Engine #1-I- breaking down. He said he thought it could be put in condition for $1,000 and last possibly five years. The Chairman said it is seventeen years old and he thought it was sending good money after bad. Mr. Cataldo explained that he was not talking about first-line equipment, but about brush fire equip- ment Mr. Sheldon said he thougnt the Board could post- pone this for one year, and no money. Mr. Cataldo said if by spending $1,000 this equip- ment could be used for five years, it was worth it. He explained it would be like a new truck with a brand new engine . Mr. Sheldon said if the Board did not want to spend the money this year, he would go along on the theory that it will have to be spent next year or the year after. He said he would not want to spend money on this piece of equipment and then dispose of it in three years. Mr. Cataldo, Chairman of the Route 3 Advisory Committee, suggested contacting Representative Brox and arranging for a meeting with the new Commissions Mr Sheldon suggested, if it is the intention to Route 3 talk to representatives of the Towns involved, that discussions be held separately and not at a meeting of all the Towns . It was left that Mr. Cataldo would contact Repre- sentative Brox. Mr John J. Carroll returned to the meeting at 8 55 P.M. The Chairman read a letter from the Planning Board in regard to property located on Waltham Street and owned by Mrs. W. H. Lyon. Upon motion du y made and seconded, it was voted to 4 pro:yptly obtain an option for the acquisition of the Lyon property which would include a provision for a 30-foot property wide vehicular access across the lot line between Lot A option and Lot B with center line of the access 110 feet from Waltham Street Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discuss- Executive ing, deliberating, or voting on matters, which, if made lession public , might adversely affect the public security* the financial interest of the Town, or the reputation of any person. The meeting adjourned at 9:10 P.M. A true record, Attest : C 4 /% eietm I