HomeMy WebLinkAbout1962-02-26-BOS-min oair
SrTECTI N'S NPETING
February 26, 1962
A regular meeting of the Boarc of Selectmen was
held in the Selectmen' s Room, Town Office Building, on
Monday, February 26, 1962, at 7 :30 P.M. Chairman
Morey, Messrs . Adams , Ferguson, Richards and Cole were
pres nt . Mr. Stevens , Town Counsel, Mr. Staples , Execu-
tive Assistant, Mr. Carroll, Superintendent of Public
Works, and Miss Murray, Executive Clerk, were also present .
Mr. Stevens reported that the hearing was held today
on the Arlington Relief sewer and was reported out
favorably by the Committee with no dissension. He Relief
thought it was arranged to go through the House . Sewer
Mr. S,.evens referred to the Hayden R creation
-Center and reported that he was told today the earliest
possible date Mr. Saum can hold a meeting of the Hayden
Trustees is the 15th of March.
Mr. Stevens referred to the matter of: ownership of
the land in front of Munroe Station. He explained that
it became apparent some error had been made in drafting
the deed to the Town. He presented a planiand indicated
the area conveyed to the Town. He said he had discussed
the subject with Mr. Holt and obtained from him a deed
describing the property, stating that the conveyance in-
cludes the fee in one-half of the right of way., .
Upon motion duly made and seconded, it was voted
to accept on behalf of the Town the deed from Robert H.
Holt, as surviving trustee under the will of James S.
Munroe , dated Februa y 23, 1962, conveying to the Town
for park purposes Lot 1 situated between Munroe Station
and Massachusetts Avenue, which corrects an error in an
earlier deed of the land to the Town from Sumner Robinson
and Robert H. Holt, as trustees under said will, by in-
cluding with the land one-half of the right of way leading
from Massachusetts Avenue to the Boston and Maine Rail-
road location.
Mr. Stevens informed the Board that he had redrafted
the agreement with Mr . Frederick Benkley and sent it to Benkley
him. He talked to Mr. Benkley on the holiday but he agreement
had not then arrived at a final conclusion, his man worry
being insurance . He has now taken it up with his in-
surance agent and said he would like to put up signs on
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the towers and in the vicinity of the towers . He said
about thirty feet would be all right .
Mr. Stevens recommended, and the Board had no ob-
jection, inserting in the agreement a st,rtement giving
Mr. Benkley the right to erect and maintain signs within
a distance of thirty feet of the tower and connection,
as well as the tower and connection, warning the public
to keep sway from the tower and connection.
The Chairman stated that the Standing School Build-
ing Committee is going to have estimates of cost on
Friday and want to discuss the subject with the Selectmen
and the Appropriation Committee , and suggested a meeting
on Saturday morning or Monday evening.
Mr. Stevens said that if the Bo -.rd met Saturday
morning, it might want to act on the Benkley matter at
that time .
Mr . Stevens submitted the agreement on the Luongo
land (Buckman Drive) and reported th t he hats the deed,
release of damages and agreement . He advised that after
signing these , the next step would be to abate the betted-
tent supposed to be assessed in the order of taking of
the layout .
Upon motion duly made and seconded,.,it was voted
to sign the agreement submitted by Sic. S evens in the
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following form:
AGREEPNT
Agreement made this 26th day of February, 1962,
between the Town of Lexington, a municipal corporation
in Middlesex County, Massachusetts , acting by its Board
of Selectmen, who, however, incur no personal liability
by reason of the execution hereof or of anything contained
herein, hereinafter called the Town, and Pasquale Luongo,
of said Lexington.
WHEREAS', by order dated November 27, 1961 and recorded
in Middlesex South District Registry of Deeds on November
29, 1961, Book 9942, Page 136, the Town of Lexington took
in fee for street purposes a certain parcel of land situ-
ated on Moreland Avenue in said Lexington, being the pro-
perty of said Pasquale Luongo; and
AZT-IRT'AS, by instrument dated January 29, 1962, said
Pasquale Luongo made a written offer to execut& and deliver
to said Town a confirmatory deed of said parcel of land
and a release of all damages and claims to damages based
upon or relating to said taking, all on the terms set
forth in said offer which was duly accepted by said Town
and notice thereof duly given to said Pasquale Luongo on
February 2, 1962 .
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NOW, Th7 TEFORE, "said parties agree as follows :
In consideration of the celivery to it of such deed
and release the said Town agrees that said Pasquale
Luongo may occupy and use said parcel of land for the
purpose of growing fruit and vegetables thereon until
August 15, 1962, it being understood that any fruit and
vegetables or other property not removed from the land
on or before August 15, 1962 shall be deemed to have
been abandoned and may be removed and disposed of by she
Town without any obligation to account therefor.
And, in considerati:n of the foregoing end of the
payment to him of the price of 66,000 set forth in -said
offer, said Pasquale Luongo hereby agrees that he will
vacate said parcel of land on or before August 15, 1962
and that any fruit or vegetables or other property not
removed from said land on or before August 15, 1962
shall be deemed to have been abandoned and may be re-
moved and disposed of by the Town without any obligation
to account therefor.
This instrument is executed in duplicate as an in-
strument under seal as of the date above stated.
TOWN OF LEXINGTON
By /s/ Ruth Morey
Lincoln P. Cole , Jr.
Alan G. Adams
Norman J. Richards
Gardner C. Ferguson
Majority of the Board of
Selectmen
/s/ Pasquale Luongo
Pasquale Luongo
Approved as to form:
/s/ Harold E. Stevens
Town Counsel
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The Chairman stated that request had been received
from Mrs . Stanley Bernstein, 3 Thoreau Road, as to what
one must do to have a local ordinance requiring thst
all dogs be on a leash.
Mr. Stevens said he would have to check the matter.
Mr. Stevens retired at 8 : 10 P.M.
Mr. Carroll referred to the bids on garbage col-
lection received last week and said that Mr. Cole has
done some investigating.
Mr. Cole said the bid was in the name of Scott .
The contract in @ndover was in the name of his son-in-law,
Manson Brown, who was awarded the contract snd does the
work himself. He said Mr. Brown has a good reputation
and in the course of a year, they had six complaints .
He said in checking with the city of Lawrence, he never
collected there, as they have municipal collection.
Mr. Carroll read aletter received from Scott which
did not contain any pertinent information.
Mr. Carroll said he tried to analyze the bid, and
if the contract is awarded to Scott, he thought the
service would be worse than it is now. He recommended
rejecting the bids and readvertising or awarding the
contract to the second low bidder.
Nr. Richards said that first, the low bidder is
not financially or practically qualified, and second,
he did not post a certified check or cash as required
in the invitation to bid, and on that basis , he would
reject the bid.
Upon motion duly made and seconded, it was voted
to reject the bid submitted to M. J. Scott Excavating
c Wrecking, Inc .
Upon motion duly made and seconded, it was voted
to award the contract to the second low bidder, Stanley
Rocketenetz, Inc . , for a period of two years at a price
of `,'38 ,000 for the first year and. X38,500 for the second
year .
Letter was received from Mrs . Kenneth H. Messinger
Complaint 3 Valley Road, complaining about the garbage collection.
The Aporopriat_cn Committee , Chairman of the Ceme -
tery Commissioners , Mr. Cronin, Clerk to the Board of
Assessors, and Mr . Donald Noyes, Chairman of the Capital
By-Law Expenditures Committee , met with the Board . The meet-
Meeting ing was called by the Appropriation Committee as pro-
vided in Article XIII, Section 4, of the General By-Laws .
Items which make up the annual budget were discussed
and the group retired at 8:50 R.M. ••
Mr . Stevens , Town Counsel, returned to the meeting.
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The Chairman stated that the Board is concerned
about the price to be put on the several lots in the Price of
so-called Meagherville area. lots in
Mr . Staples presented each member of the Board Meagherville
with a schedule of the lots, area, valuation, sug-
gested price of the various lots .
It was agreed to offer 4 a foot as set up in
the schedule .
Mr. Arthur U. Hooper ' s letter, attorney for Mrs .
Mary B. Kuhn, was referred toMr. Stevens and he was Settlement
authorized to settle for $50 the damage claim for taking of claim
lots 28 and 29, Block 61, on Hickory Street .
Mr. Henry J. Travers ' letter requesting an offer
in settlement for lots 50-56, Block 46, on Ward Street,
was held over .
Mr . Stevens said that he would prepare a form of
letter that can be used for all requests for settlement .
Mr . Stevens reminded the Board of the statute which
provides for approval of the Board of Health on dump Dump site
sites and advised that the Board of Health should be
asked to approve the dump site .
Mr . S4.evens retired at 9:10 P.M.
Mr . •Carroll reported that snow removal to date
amounts to $58,000 and he recommended an appropriation Snow removal
of $100,000.
Mr. Carroll reported that the parking situation
at the rear of the Town office buildings is very bad,
and stated that even in the summer, there are not
enough spaces available for the Town employees . He
explained that the area is being used by Post Office
employees, employees from the Colonial Garage and others .
He suogosted reserving spaces for the Town employees .
The Chairman suggested that Mr. Carroll find out
how many cars are parked by employees and said that
nothing could be done until the spring.
The Chairman read a letter from Helen M.Ntillican
and Harold R . Millican, relative to a sewer betterment
assessment in the amount of $72L.86 levied against Lots
L.C . 9 and. $B on Liberty Avenue .
Mr . Carroll presented a plan entitled "Plan of Deferred
Proposed Sewer in Liberty Avenue"Lexington, Mass . sewer as-
Sept. 7, 1960, John J. Carroll, Town Engineer, and in- sessment
dicated the area upon which the sewer betterment was
assessed.
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Upon motion duly made and seconded, it was voted •
under the provisions of Chapter 159 of the Acts of 1950,
to extend the time for payment of sewer betterment as-
sessment in the amount of $72)+.86 levied against Lots
L.C .9 and 4B, Liberty Avenue, owned by Helen M. Millican
and Harold R. Millican, without interest, until said
land or any part thereof is built upon, sold, or until the
expiration of three years from the date hereof, whichever
event occurs first ; provided, however, that this extension
of time shall terminate immediately if the facilities of
the sewer main are used for said land or any part thereof .
Upon motion duly made and seconded, it was voted
to grant the petition and sign the order for the following
j/o pole location, having been approved by Mr. Carroll:
Balfour Street, northwesterly side , southwesterly from •
a point approximately 100 feet southwest of Cedar
Pole Street, --
locations Two poles .
(Two existing j/o poles to be removed. )
Balfour Street, northwesterly side, southwesterly from
a point approximately 198 feet southwest of Bell-
flower Street, --
Four poles .
(Four existing j/o poles to be removed. )
Upon motion duly made and seconded, it was voted
to amend the Traffic Rules and Orders as follows :
AMM EMDMENT TO THE TRAFFIC RULES AND ORDERS,
TOWN OF LEXINGTON, ADOPTED BY THE BOARD OF
SFLEC 7TLN, FEBRUARY 26, 1962
ARTICLE VIII
Section 11
By adding to this Section the following:
Northbound drivers on Oak Street.
Ruth Morey
Alan G. Adams
Gardner C . Ferguson
Norman J. Richards
Lincoln P;. Cole , Jr .
Adopted February 26, 1962
A true copy, Attest:
Hazel J. Murray
Executive Clerk, Selectmen
The Chairman stated that she talked to Mr. Olsen of
the State Department of Public Works and Mr . Jack Gardner ,
Mr. Olsen advised that they were waiting to hear what the
Board is going to do . They have two studies of the in-
terchange and suggested coming out to Lexington or having
someone go in to look at the studies . She stated she Route 2
would call him tomorrow and ask if the Board can have Interchange
copies of the plans for the intersections . If it is not
possible to obtain copies, the Board will have to ask
them to come out and explain the studies . She explained
that she told Mr. Olsen the Board would have to see what
his solution is before it can make plans .
Mr . Carroll retired at 9: 30 P.M.
The Board of Fire Commissioners met with the Selectmen
and Mr . Roeder said they wondered what the Board' s thinking
was about ap-.,.roving only one extra man for the Fire Depart-
ment .
Mr . Adams replied it was just a question of additional
expenses .
Mr . Richards agreed, and stated thatthe Town is
being faced with an $8o tax rate .
Mr. Roeder said with only one extra man, the Com-
missioners can only put him on one shift and that leaves Fire Dept .
two shifts short a man. He said usually they like to budget
keep all the shifts the same .
Mr . Adams asked if the Commissioners had considered
putting the extra man on days only.
Mr. Roeder said if they start that , everyone else
will want days .
Mr. Ferguson suggested, if the Department is short
a call fireman, putting more regular men on days and
having sMaller shifts nights .
Mr.. Adams said that the Town of Andover dropped
call firemen and asked if the Commissioners were satis-
fied with the call men.
Mr. Roeder replied that if they do not have call men,
they would have to get permanent men.
Mr. Adams said that in talking about three additional
men, they are talking about w15,000.
Mr. Ferguson asked whit has changed this year over
last year .
Mr. Roeder replied that they a e out on Routes 128
and 2 on ambulance calls which leaves the Town unprotected.
Mr . Ferguson said there has always been two men out
on the ambulance and asked what was different .
Mr. Roeder replied that they are out longer and more
often.
Mr . Roeder said there should be four men on the pump,
two on the ladder and one on the rescue per shift .
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Mr. Adams said that meant forty-two men and asked
how many men were in the department .
Mr. Roeder replied thirty-nine . He said three
more men would give them ten men on a shift .
Mr. Adams said it is simply a question of trying
to keep expehses down.
Mr. Roeder said the Commissioners would like the
Board to reconsider.
Mr . Roeder referred to the salary approved for the
Chief Engineer.
Mr. Ferguson explained that the Board has not ap-
Salary proved more than $4.00 a week for anyone , and once an
exception is made, other department heads will have just
as good reasons for requesting an increase . He mentioned
also that the Board is going to have a salary survey made
next year.
Mr. Roeder said they need $180 more for paid holidays
than has been figured in the budget.
The Commissioners retired at 10:15 P.M.
Motion was made and seconded to approve an addi-
tional amount of $157 .50 for the Chief Engineer, but
the motion was lost.
Motion was made and seconded for reconsideration
of the three men in the Department and carried .
Motion was made that inasmuch as one extra man
cannot be worked out, that no extra men be approved .
The motion was seconded and carried.
Motion was made and seconded for reconsideration
of an extra man, but the motion was lost . •
Upon motion duly made and seconded, it was voted
Minutes to approve the minutes of the Selectmen' s Meeting held
February 19, 1962, as amended by the Chairman.
The Chairman stated that Mr. Byrne , Gas Inspector,
wanted more money when he was appointed, and at that
time , it was agreed that the salary would be reviewed.
The Chairman left the meeting at 10:45 P.M. to meet
with the Planning Board to discuss school sites .
Mr. Staples said that Mr . Byrne is receiving $1200
and has asked for $1560 .
Mr. Adams said the Board is committed to reviewing
the salary at the time Mr . Byrne ' s reappointment comes
up.
Motion to approve $1560 was mode and withdrawn.
No action was taken.
Upon notion duly made and seconded, it was voted
to grant the following Taxi Driver licenses, satisfactory
references having been received from the Chief of Police :
Thomas McGreevy 55 Mystic St . , A„lington Licenses
Richard A. Cormier 25 Hudson Road, Lexington
Permission was granted to the League of Women Voters
to park a Votemobile in the Center on Wednesday, February Permit
28 and Monday , March 5.
The meeting adjourned at 11: 00 P.M.
A true record, Attest :
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Executive Clerk_ , Selectmen