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HomeMy WebLinkAbout1962-02-05-BOS-min 272 • �-e 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 . TT Mr. Stevens reported that he asked Mr. Snow about this and was told that the Planning Board could see no 61q7 ,4 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 . 1> 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. �aFss 4r t 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 . 278 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 . rk_.Si 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 . t`" a 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