HomeMy WebLinkAbout1962-02-05-BOS-min 272
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SELECTMEN ' S MEETING
February 5, 1962
A regular meeting of the Board of Selectmen was
held, in the Selectmen' s Room, Town Office Building,
on Monday, February 5, 1962, at 7:30 P.M. Messrs .
Adams, Ferguson, Richards and Cole were present . Mr .
Stevens, Town Counsel, Mr. Staples, Executive Assistant ,
to the Board, Mr. Carroll, Superintendent of Public
Works, and Miss Murray, Executive Clerk, were also pre-
sent.
Upon motion duly made and seconded, it was voted
to elect Mr. Adams Chairman for the evening.
Mr. Richards reported that he had talked with Mr .
Donald Noyes, Chairman of theLexington Historical
Old Belfry Society, who advised that the Society is not, at this
time , in favor of having an article in the warrant
relative to moving the Old Belfry from its present
site to the Common.
Upon motion duly made and seconded, it was voted
not to include an article in the warrant for the March
Town Meeting relative to moving the Old Belfry.
The Chairman brought up the subject of the Law
Department budgets for 1962 .
Mr. Stevens stated that he cannot give the Board
Law Depart- any assistance unless it decides how it is going to
tent budget operate , and said that the amount of the budget will
have to be based on what the Board' s plans are .
The Chairman asked if Mr. Stevens expected to be
through April 1st and he replied in the affirmative .
Mr. Stevens said there are some things that he will
be handling and which he will be wil ing to finish, if
that is what the Board wants, on some sort of a basis .
He said if the Board has someone selected, then it will
depend on how much he will take over.
The Chairman asked if the Board named someone fairly
promptly, would it be possible for Mr. Stevens to work
with him at any time in the next month or so, and Mr .
Stevens replied in the affirmative .
Mr. Stevens said that inasmuch as a majority of the
members of the Board will be carried over, undoubtedly
whatever the Board decides to do will be carried out .
Mr . Stevens referred to the Board' s question rela-
tive to the item of Interest carried in the Water Depart-
ment budget and said he wa: not prepared to give the
Board any assistance on that , and that this was something
of which he was unaware .
Mr. Staples stated that he was waiting for an opinion
from the Division of Accounts . Interest
Mr . Stevens said that if he had an opportunity, he
would take a look at the statute .
It was decided to wait until Mr. Staples receives
an opinion from the Division of Accounts before taking
any action, but it was the Board' s intent to take this
item out of the Water Department budget if permissible .
Mr. Stevens advised the Board that the bill for
construction of the Arlington relief sewer is on for Relief
Thursday, February 15, and reported that he had tried, Sewer
without success, to contact Mr. Buckley, Chairman of
the House Committee .
Notice was received from the Metropolitan District
Commission of a public hearing to be held at the office
of the Commission on Friday, February 16 at 11 :00 A.M.
on the . subject of Proposed Improvements and Extensions M.D.C .
to the Metropolitan Sewerage System. Senate No. 120 hearing
is a bill to authorize the M.D.C . to build a relief
sewer from a point near the town line of Arlington-
Lexington to a point on the Metropolitan trunk lines
in Medford.
Mr. Stevens asked if the Board wanted to include
an article in the warrant for a stabilization fund and Article
the Chairman replied in the affirmative . .
Mr . Stevens reported that as a esult of a con-
versation with Mr. Alfred P. Tropeano, there will be no
article pertaining to Poulter Road. Mr.Tropeano does,
however, feel that an article pertaining to Worthen Road
should be included. Mr. Stevens left it up to him to
have Mr . Nylander prepare an estimate of the amount of
money involved. He reported tet Mr . Tropeano pro- Article
poses that the Board request an appropriation of an
amount which will not necessarily be the amount to be
spent, but it will represent the maximum that can be
spent . The Board would then have to petition the
legislature early for approval to spend up to such and
such an amount . He said he would see if something could
be worked out.
• The Chairman brought up the subject of Busa ' s
culvert .
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Mr. Stevens reported that he asked Mr. Snow about
this and was told that the Planning Board could see no
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basis on which to make a payment . The Planning Board
had. not required Mr. Busa to do anything more than what
Busa would be normally required for his subdivision. He
culvert said he also discussed this with Mr. Carroll who said he
could see no reason for any reimbursement.
It was the Board' s decision not to include an
article in the warrant for the March Town Meeting per-
taining to Mr . Busa' s culvert, the burden of proof being
on Mr. Busa.
Mr. Stevens asked about an article to provide for
a Civil Defense warning system.
A motion was made and seconded to insert an article
Civil in the warrant for the March Town Meeting to provide
Defense funds for a Civil Defense warning system.
Mr. Staples mentioned that the Town would not qualify
for matching funds .
Two members voted in opposition, one in favor and
the vote was lost .
The Chairman read a letter from Mr . Harry J. Myers, Jr . ,
advising that he had been retained as counsel for Mr. and
Mrs . Ronald J. Runstein, 139 Moreland Avenue , in their
claim against the Town for damage to their property when
a water main burst .
Claim Mr . Stevens stated that Mr. Carroll ' s report would
indicate that there is no liability. He explained that
there was no delay in shutting the water off after the
break occurred.
Upon motion duly made and seconded, it was voted
to refer the matter to Town Counsel .
Report was received from the Special Commission to
study the system of sewerage and sewage disposal and the
water system in the Metropolitan District and the City
of Boston .
Water rates Mr. Carroll agreed to have a copy of the report
made for : Mr . Stevens and to report on it at the next
Board Meeting.
A meeting to discuss the recommendations will be
held in Room 1+33, State House , on February 13, 1962 at
10:00 A.M.
Mr. Stevens reported that Mr. Harold Conant, Lincoln
Street, is in Florida and that he had talked to Mr. Dunn
of Temple Isaiah. Mr. Dunn would like it to appear on
the record that the Temple Isaiah is co-operating with
the Town. . He would like the Town to accept a grant of
easement, given with the assurance that the Temple will
tdagive the Town a ratifying vote . If Mr . Stevens drafts
something for Mr. Conant, Mr. Dunn will have it signed.
The Board directed Mr . Stevens to proceed.
Mr . Stevens retired at 8:25 P.M.
Mr . Dow H. Darden, Jr. , 61 Burlington Street, met
with the Board.
The Chairman said he believed Mr. Darden had entered
suit against the Town and Mr. Darden said that was correct .
He explained that he was called out of town on business
last summer and the expiration date was coming up so Mr .
May entered suit for protection of Mr. Darden ' s rights .
Mr. Darden said he talked to Mrs. Morey before the
suit was filed and it was by agreement that he decided to
go ahead with the suit. He said the Board made him an Dow Darden
offer of $250 and he appealed it on the basis that he claim
has not suffered the full extent of damages . He said
it is his understanding the grass strip will not be there
and his Nouse will be only about thirty feet from a
traveled way with the widening of thestreet . He said this
caused serious problems in front of his house . He also
received a bill for sidewalk construction and after pay-
ing for the construction of the sidewalk, he is left with
about $100 to take care of some screen for his property.
He said it is on this basis that the damages offered do
not compensate him. He said there was no sidewalk and
pedestrian traffic was within forty feet of his house
and now it is within thirty feet .
Mr. Ferguson said that the traffic would not be
pulled any closer to the house than it is now and Mr.
Darden agreed. He said the difference would come in
the appearance .
Mr.Cole said that Mr. Darden would be thirty-seven
feet frau the traveled way and he agreed but said the
traffic was brought closer because of the sidewalk .
Mr. Ferguson said that nothing is moving any closer
to the house now and Mr. Darden agreed. He said the
chief difference will come with the appearance when the
grass strip is removed.
Mr . Darden said the sidewalk assessment is $144
which would leave him about $106 which would not in any
way compensate for a screen.
Mr. Richards explained that there is still 1250
square feet on which the Board obtained its appraisal.
He asked if Mr. Darden had an appraisal made .
Mr. Darden replied in the negative and said he
talked to Mr. Stevens and it was his opinion that the
appraisal was made on the general appearance, etc .
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Mr . Ferguson asked if Mr. Darden had a figure in
mind and said that he did not have to answer if he
preferred not to .
Mr. Darden said he certainly has had some figures
in terms of adequate screening the front of his property
which is 165 feet . He said in terms of fencing he has
a figure close to 6300, and then he has the assessment
on the sidewalk . He said he would consider an amount
that would take care of tt-r sidewalk and leave him with
a balance of x:250 which is not adequate but which would
be something with which he might be able to work and
restore the appearance of the property and secure the
necessary privacy.
The Chairman stated that the Board would take the
matter under advisement .
Mr . Darden retired at 6 :35 P.M.
It was agreed to discuss the subject with Mr.
Stevens next Monday before arriving at a decision.
Mr. Carroll reported that bids for the collection
Garbage of garbage will be received February 19 at 4:00 P.M.
bids
Further consideration was given to Mr . Carroll' s
proposed change in the water rate schedule and to the
proposed change from quarterly to semi-annual billing,
and it was agreed to change the proposed minimum charge
Water rates of $16,00 per year for 5,000 cubic feet to $17 .50 per
year for 5,000 cubic feet .
The Boardfelt that the rates were all right but
postponed voting until next Monday thereby giving Mr .
Carroll an opportunity to study the M.D.C . rates .
The Chairman read a letter from Marion Modoono,
owner of a portion of lot 2 on Waltham Street through
which a water easement was recently taken. Mrs . Modoono
said that she did not know there was also a drainage
easement through this land until last October, and unless
she received some definite information concerning it,
she would consult her attorney.
Mr. Carroll reported that he talked to Mr. Richard
Kelley of Acton, who has power of attorney to act for Mrs .
Modoono. He submitted a plan and indicated the 24" water
main for which the Town just made a taking and also pointed
out the lot in question. Mr. Carroll said that Mrs .
Modoono said she never received a notice when the Town
made a taking for the drainage easement back in 1955 or
1956.
Mr. Richards said the Board could only refer them to
the instrument of taking and the date of taking.
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Letter was received from Mr. Richard D. Hamilton,
98 Reed Street, relative to the acquisition of tax
title lots on Edna Street . Mr. Hamilton stated he
would be willing to guarantee the sewer and water in-
stallation and construct a gravel street. Edna Street
Mr. Ferguson pointed out that Mr. Hamilton refers
to a gravel street and his understanding was that the
street would be built under the Subdivision Control Law
which is a finished street. He said as far as he is
concerned, it will have to be a subdivision street .
Decision was held over until the next meeting.
Mr. Carroll retired at 9:50 P.M.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen' s Meeting held Minutes
on January 29 and the Selectmen' s Hearing on January 31,
Mr. Raymond L. White , Temporary Town Accountant,
met with the Board.
The Chairman said there was a question of one depart-
ment being paid last week and he thought it to be the
Board' s feeling that it would like Mr . White to use full
authority in questioning any similar incidents in the
future even though it may be something that has been
done for many years . Accountant
Mr. Ferguson explained that the Board wants Mr .
White to exercise all due caution as Town Accountant
and bring to the Board' s attention anything he thinks
is not in accordance with laws or the best interest
of the Town . He said it could either be brought to the
Board directly or through Mr. Staples and the Board would
stand behind him.
The Chairman asked Mr. White to make sure that
nothing is put through without an original bill.
Mr. White stated that he did question the one
item and was told that it had been going on for years
and he assumed that therewas some reason for it. He
said he did not like to have anything go through that
was not correct .
Mr. Richards said that for a long time there were
no vouchers and in some instances there was no indication
that the materials purchased were received. He said a
proper bill should be submitted over the signature of the
department head.
Mr. White said one thing should be requested for
material and that is a receipt with the bill when it
comes in.
Mr. Ferguson agreed and said that Mr. White should
have something to protect himself .
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Mr. White stated that he has already informed the
girls in the office that nothing is to be put through
unless it is correct .
Mr . White retired at 9:00 P.M.
Messrs. Roeder, Whitney and Fitzgerald, Fire Com-
missioners, met with the Board.
The Chairman reported that the Board has voted a
general increase of the equivalent of $200 per year
from April 1, which is $4.00 for all full-time employees .
He also reported that the Board has inserted an article
in the war-°ant to engage a firm of professional con-
sultants to establish a well thought out salary schedule .
The Chairman said a question was raised earlier
Fire Dept . in the year about money needed for extra duty and the
budget Chairman of the Board of Fire Commissioners was asked
for the total amount of money received by the men in
the department . He said he thought theBoard was con-
cerned about the number of cases where there seemed to
be considerable disparity of income which occurred among
men of the same rank.
Mr. Roeder explained that the Deputy Chief works
on a regular shift of 56 hours a week . If he works
any time other than that, it is considered extra duty. •
This year the amount is high because the: Chief' s wife
has been ill and the Board gave him time to stay home .
Whenever theDeputy Chief worked more time than he
normally would, any time other than his 56 hour shift,
it was considered as extra duty . He stated that all
the men are handled the same way with the exception of the
Chief. He said that in all cities and towns when the
Deputy Chief works extra time , he gets paid for it, and as
far as he knows, this is standard in Fire Departments .
Mr. Ferguson asked what the Town was getting for
the $500 and Mr . Roeder replied that the Deputy Chief
takes over the complete command in the absence of the
Chief.
Mr. Ferguson said that he is paid for that .
Mr. Roeder said he is second in command .
Mr . Ferguson said the Town. is paying $500 more than
it would for a Captain.
Mr. Roeder said the department could not be operated
with four different men running it .
Mr . Ferguson asked what more the Town gets than it
would with just four Captains .
Mr. Whitney replied that the Deputy Chief is drill
master andgoes to various drill schools on his off time
and it is the skill the department gets that it wouldn' t
get from the Captains .
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Mr. Ferguson said that the Town is paying ''500 but
if it goes outside the regular tour of duty, it pays
again.
Mr . Roeder said it might be that another Deputy
would not be the drill master.
Mr. Ferguson asked if that was part of the Deputy' s
duties and Mr . Roeder replied that it is part of the
duties the Commissioners give him.
Mr. Ferguson asked if the Town would get as much
with four Captains instead of one Deputy and three Captains.
Mr. Roeder said that there would be chaos as there are
Captains who cannot take charge of a fire .
Following further discussion pertaining to the budgets ,
the Commissioners retired at 10:25 P.M.
Upon motion duly made and seconded, it was voted not
to equalize the Fire and Police Chiefs ' pay .
Motion was made and seconded to approve the request
for three additional men for the Fire Department, but the
motion was lost .
Motion was made and seconded to approve one addi-
tional man for the Fire Department . Three members voted
in favor and one in opposition .
Letter was received from the Planning Boar d advising
that the Lexington Golf Club has requested the Planning
Board to recommend to the Selectmen that an option be
granted to the Club to purchase a town-owned parcel of
land located at the intersection of Hill and Cedar S reets,
which also adjoins the Club property. Lexington
The Planning Board did not believe it advisable to Golf Club
grant such an option at this time . However , it did request for
recommend that the Club be given the first refusal to option
purchase the property at such time as the Board believes
it wise for the Town to dispose of it .
It was agreed to follow the Planning Board' s re-
commendation.
Invitation was received from the Lexington Brother-
hood Committee , to attend a dinner at the Lexington Dinner
Senior High School on Monday, February 19, 1962, at 7 : 00
P.M. Mr. Cole said he would plan to attend.
Notice from the Massachusetts Selectmen' s Associ-
ation relative to hearings scheduled for February 7 Hearings
was noted and placed on file .
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Upon motion duly made and seconded, it was voted
to grant the following licenses :
Thomas F. Cunningham Taxi driver Renewal
Mawhinney Motor Sales , Inc . First Class Agent
The Chairman agreed to attend the Historic Districts
Hearing Commission hearing on February 8 regarding signs direct-
ing vehicular traffic to the Meriam Street parking area .
Motion was made that the suggestion to plant trees
Trees in front of the business establishments in the center be
accepted and the Park Department authorized to proceed
with the planting.
Mr. Ferguson had some doubts as to the desirability
of the project and it was agreed to discuss the subject
further with Mr. Carroll at UE next meeting of the Board.
Mr. Cole brought up the subject of a Civil Defense
warning system and moved that the matter be reconsidered.
The motion was not seconded and, therefore , was lost.
Upon motion duly made and seconded, it was voted to
Sewer Order sign an order for the construction of a sewer main in
Burlington Street from Hawthorne Road northwesterly a
distance of 256 feet
The meeting adjourned at 11:05 P.M.
A true record, Attest:
Executive Clerk, Selectmen