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HomeMy WebLinkAbout1972-05-25-BOS-min 1-c SPECIAL SELECTMEN'S MEETING May 25, 1972 A special meeting of the Board of Selectmen was held in the Select- men's Meeting Room on Thursday afternoon, May 25, 1972, at 4 30 p.m. Chairman Kenney, Messrs. Bailey, Busa and Brown and Mrs. Riffin; Mr. O'Connell, Town Manager; Mrs. McCurdy, Executive Clerk, were present. Mr. Roger Trudeau, Mrs. Daniel Power and Mrs. Emily Frankovich, Citizens for Participation Politics, were present as representatives. Chairman Kenney I have asked for this special meeting of the Board to consider the request of Mrs. Norma McGavern, on behalf of Lexington Citizens for Participation Politics, "for permission to use the Battle Green on Memorial Day, May 29, for a silent vigil for peace following the regular Memorial Day parade and ceremonies. The vigil will be held to memoralize the many dead and wounded of Vietnam, American and Vietnamese, and to symbolize in this manner the desire for peace so long hoped for by so many Americans, the desire to end at least over ten years of killing, and secure, with peace, the return of American prisoners, combat troops, flyers and seamen. We urge the people of Lexington to come to the Battle Green Monday morning by Citizens for ll 30 a.m. The scheduled parade will end at the Green for ceremonies Participation there at II 20, having left the Munroe School area at 10.00 a.m. and Request for stopping briefly at graveyards along the way. Wear a black arm band. Use of Green The vigil is to begin after the scheduled ceremonies are com- pleted. The bells of the First Parish Church and Hancock Congregation- al Church will toll for one half hour each during the vigil. Since the vigil is silent, there will be no speeches, singing, or other such activity. At the end of the hour, presumably about 12 30, the group will disperse." Chairman Kenney I spoke to Mrs. McGavern and requested that she make a request for the Green, because it was the feeling of our Town Counsel that under the By-Law a permit should be given for an activity of this sort, and she said she would have her representatives come in to discuss it. We shall cooperate in every manner possible. Chairman Kenney distributed the Memorial Day program of the Town Celebrations Committee and said that we expect to be at the Battle Green at 11:20 a.m. to have the brief program outlined by the Town Celebrations Committee, and according to your request there would be a time overlap. Mr. Trudeau: It was intended there would be no conflict, that your ceremony would be brief and people outside wearing armbands would not interfere. Chairman Kenney With that understanding, you would allow us to complete our ceremonies? Mr. Trudeau Yes. 3S2 Mr. O'Connell I talked with the Chairman of the Town Celebra- tions Committee to make sure we understand the program. The committee feels the activities are over when they leave the Green. and they would not want it to interfere. Their respectful sugges- tion would be to schedule the departure from the Green and the others can stay on. Mr. Trudeau There is no problem. I didn't see any reason to apply for a permit; groups have been having it since 1966. I think, through courtesy, we might have notified you. Chairman Kenney As I stated initially, we have a copy of your letter submitted to the Minute-man. It was given to Town Counsel, and he advised a permit because it could be called an occasion for a permit. We are not attempting to deny it; we thought it better if you applied. Woman 1 question if this is supposed to be a picnic? The By- Law says "performance" and I don't understand how it comes under that. Chairman Kenney: It is not a performance or a picnic. I am here to offer the cooperation of the Town Selectmen in insuring that we have a Memorial Day that does not involve any confrontation between several groups. I am just asking that we understand the timetable. Mr. Buse: I don't think we are here to discuss the By-Law and don't feel we should get into it. Mr. Bailey moved, and Mr. Brown seconded the motion, to grant permission es outlined in the letter of request from Mrs. Norma G. McGavern, Chairman of Lexington Citizens for Participation Politics, for the use of the Battle Green on Memorial Day, May 29, 1972, with the understanding that their event will begin after the parade sponsored by the Town Celebrations Committee has left the Green. Mr. Busa moved to amend the motion to 12 30 p.m., so that the two groups would be separated. Mr. Busa I don't agree to the minute the parade moves off the Green. I have no objection to granting the permit, but there would be a group left over from the morning parade and, if they are not separated, we might have something we would rather not have. Who determines when one follows the other? Chairman Kenney It is a little difficult to separate. As the Town Manager explained, when the Town Celebrations' group left the Green, they were finished. I think it should be as the motion was stated - that their events begin as we left the Green. Mr. Bailey added, and run for approximately one-half hour.. Mr. Busa withdrew his amendment. The Board voted to grant permission to the Citizens for Parti- cipation Politics for the use of the Battle Green on Memorial Day, as originally moved and seconded. Mrs. Daniel Power Point of information, could you inform me why the letter which was passed to the Minute-man came to Town Counsel? Mr. O'Connell I am not aware of a letter given to Town Counsel except by me. 383 83 V Woman Can any letter be given out? Mr. O'Connell: That is a matter for the staff of the Minute-man. Mr. Trudeau The newspaper is not hired by taxpayers and a communication was given to the Chief of Police. Mrs. Scigliano: It was our decision, we did not want to aid or abet anybody from breaking the law; for it to be a severance of the law, we were not going to publish it. Only because Mrs. McGavern agreed to a request, did we publish. Mr. O'Connell An event on the Green would require a permit and the Minute-man inquired if a permit has been applied for and we said it had not been. Their inquiry was rather logical. Mr. Trudeau They were not exercising their right. Mrs. Frankovich Because of the pressure of time, Mrs. McGovern agreed this morning to request a permit for activity on the Green on Monday, May 29. We do not, however, agree with the position of Town authorities that walking or standing on the Green can in any way be considered a 'performance' as restricted in the Town By-Laws, whether or not others are invited to join us. We further question the authority of the town to restrict free association on the Green, the sidewalks or anywhere else provided it does not endanger any person or property or obstruct normal activity. If such activity is subject to restraint by Town authorities in the future, we would regard it as a violation of our rights. Mr. Trudeau That also reflects my feeling. The question of a permit dates back to 1966; we did not have a permit and we didn't need one. Chairman Kenney: Tolling a bell at the same time we are conduct- ing ceremonies under the Town Celebration Committee - we think, on the best advice and to cooperate, we have the responsibility of the parade and intended in no manner to interfere with your intent to cooperate and avoid any type of confrontation. Mrs. Riff in: if you had known what the schedule was and met at approximately 12 00 N., would you have changed your time to read 12 00, 12 .15 or 12 30? It is a matter of communication from my point of view so that what we do is not as an entity. I think there is a human reason to discuss what goes on if you are occupying the place. Mr. Trudeau We review several forms and selected what appeared to be the mildest, and were surprised to find we were in the middle of it. Chairman Kenney We had this meeting to coordinate the time. Mrs. Butters: Does the Church need permission to ring a bell in the daytime? Chairman Kenney If their bell ringing would interfere. Mrs. Butters It might be rather rude. Mr. O'Connell; Comment - it comes under the matter of nuisance and I think ringing of the bell at 3.00 a.m. in the morning is such. Other than short of an emergency is considered in violation of the law. It depends on what the effect is for it to become a nuisance. Mrs. Butters So at 12 00 N. the Baptist Church doesn't need a• permit? 384 Chairman Kenney You are missing the point - if ringing the bell interferes with the services, it could be a nuisance. All agreed with the vote of the Board to grant permission, and the citizens present retired from the meeting. Mr. O'Connell discussed the request of the Lexington Minute Men, Inc. for the use of the Battle Green for firing demonstrations of flintlocks on June 4 and 18; July 9 and 23 and August 6 and 20. Mr. O'Connell The intent of this program is to have the demon- strations run on each of these Sundays from 100 to 5 00 p.m. The program would consist of a demonstration by a 10-man detail of the Minute Men; it is patterned after the ceremonies conducted in Concord and would consist of an explanation of the use of colonial firearms and firing by the 10-man detail; this would take place each half-hour from 1:00 to 5:00 p.m. When asked about how large a group was ex- pected, I was told they can only be guided by Concord, which has groups of 200 to 300 people. People would arrive by buses, which would be scheduled so they would arrive in time to include the demonstration. They do agree that no Town services are needed. I also talked with Battle Green Lt. Marrigan of the Minute Men that there are six Sundays scheduled Lexington and if the Board received a request for the Green, he agreed that In Minute Men the event of that kind of situation, the Minute Men would adjust their schedule and use the !lawn of the Visitors' Center. I also asked Rev. Handley if he were aware of it and he endorses the plan; he didn't think the nearby residents would be bothered by this. Mr. Brown Would they stop it if there were a funeral? Mr. O'Connell Yes. Chairman Kenney: I think it is important that in the event there is any type of service, there is to be no demonstration. Mrs. Riff in There are no houses in Concord near the demonstra- tion. It is my feeling if the Board wants to grant it, fine, but if there is objection by residents, we ought to be sensitive to them. Chairman Kenney: I think permission should be granted provi- sionally. Mr. O'Connell They said there is no need for Town services but I think the matter should be subject to reconsideration by the Board. Mr. Bailey Give it a try and see what feedback you get. Upon motion duly made and seconded, it was voted to grant provi- sional permission to the Lexington Minute Men, Inc. to use the Green on the following Sundays from 100 p.m. to 5;00 p.m. June 4 and 18, July 9 and 23; August 6 and 20; with the understanding that said per- mission is to be reviewed and if found to be objectionable to neighbors or to require additional Town services, the entire matter will be re- considered; under no circumstances should there be interference with Town services or any other authorized events on the Green. Upon motion duly made and seconded, it was voted to adjourn at 5 05 p.m. A true record, Attest: xecutive Clerk, Selectme