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HomeMy WebLinkAbout1971-11-22-BOS-min 140 SELECTMEN'S MEETING November 22, 1971 1 A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, November 22, 4971; at 7 30 p.m Chairman Cataldo, Messrs. Kenney, Bailey and Buse, and Mrs. Riff in; Mr. Legro, Town Counsel; Mr. O'Connell, Town Manager and Mrs McCurdy, Executive Clerk, were present. Mr. Legro requested the Board to sign the deed to convey taw title lot No. 48, Hillside Avenue, to Lawrence M. Butler and Grace Butler Butler Mr. Butler has submitted checks in the amount of $650.00 for the lot, Tax and $8.06 to pay the taxes for the portion of the year remaining after Title the date of conveyance. Upon motion duly made and seconded, it was voted to sign the deed to convey tax title lot No. 48, Hillside Avenue, to Lawrence t4. -Butler and Grace Butler of 9 Brude Road, with the restriction that lot 48 be combined with the existing lot owned by Lawrence M. Butler and Grace Butler and not to be used as a separate building lot, as voted ,y the Board on September 13, 1971 . Mr O'Connell informed the Board that a request has been received from the Fire Department for a transfer of $4,000 from the Reserve Fund; there may be a second request for $1,000, which I am investigat- ing. The balance in the total expense budget as of November 10 is Fire $7,648 and it is estimated $4,000 will be necessary to carry them Dept. through the end of the year. There was an abnormal amount of overall Transfer work; the largest item is a complete motor eebuiiding job on engine #3; engine #1 had a water tank replaced, because of age, a new clutch and was repainted; engine 02 had a new tank replaced. These are large and unexpected expenditures, with a total of $6, 196; $1,500 of that has been expended out of other accounts. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to the Fire Department in the amount of $4,000. Mr. O'Connell read a letter from Peter M. Starrett of Starrett Paving Corp. commending Wallace G. Wesinger, Highway Department Foreman, for his full' cooperation in scheduling and coordinating Starrett regarding the streets to be paved, the handling of police details Repaving and his proficiency in working with contractor personnel has been of the highest manner. Mr. O'Connell I would like to add that this is the second year in which we have been in the course of the transition of the super- vision of the repaving, which was previously handled by the Department of Public Works. We are making good progress 141 Mr. O'Connell As directed by the Board, I have reviewed with the State Office of Manpower Affairs the questions raised concerning the proposed Waltham-Lexington E E.A and the State is completely willing to have the Town add a termination clause if it desires to do so. It could simply read that the Town reserves the right to terminate the contract upon written notice to the sub-agent at least 15 days prior to the effective termination date. On the requirement that the Town pledge to fill at least one-half of the openings In its regular organization with E E.A employees where qualified, the State reaffirms its position that this clause is intended to be only a best efforts requirement and E.E.A. there is no penalty if a Town is unable to meet this requirement. They Agreement only expect that an honest effort be made to provide every reasonable opportunity to gain permanent employment. The State has written us a letter confirming that the Town does have the right to include a ter- mination clause in our standard contract; also, that the guidelines state that the overall goal is to place one out of every two partici- pants in a full time' position and they are asking that every town make a deliberative and conscientious effort to at least meet this goal; while not a legal obligation, they do feel that every town does have a moral obligation to its E.E.A. participants to attempt to meet this goal . Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the Emergency Employment Act agreement between Waltham and the Town of Lexington. Cha'frman Cataldo read a request from Dr. Howard A. Smith for a review of the traffic pattern in front of the Veterinary Hospital on Bedford Street. CFiairman Cataldo Chief Corr was asked for a report and it Traffic states that this situation has been discussed with Mr. Mistretta, Bedford District 4 State Highway Engineer in May of this year and it is the Street opinion of the State Highway Engineers that turning movements should be restricted on this part of Bedford Street; as a result, a double solid yellow line was painted in the middle of the highway between Hartwell Avenue and Route 128. Chief Corr personally agrees with Dr. Smith that the double solid yellow line on Bedford Street should be broken at his driveway in order that his patients could make the turning movement without violating the law. I feel there are two problem places, at Dr. Smith' s and at the Tennis Club. Upon motion duly made and seconded, it was voted to refer Dr. Smith's request to the Traffic Committee for a recommendation. Chairman Cataldo read a letter from John M. Fresina, 23 North Hancock Street, regarding fire protection equipment in the schools. After discussion, it was agreed to inform Mr. Fresina that al- Schools though the Board has a strong feeling there should be adequate Fire protection for children and property, the responsibility for school Protection buildings is strictly within the jurisdiction of the School Commit- tee, and anylrecommendations Mr. Fresina would like to make should be Imade directly to them. 142 Chairman Cataldo read a letter from George Grimshaw of Randolph ask- ing for low income housing accommodations for his mother who lives in New York. After discussion, it was agreed to inform Mr Grimshaw that while the Board sympathizes with his problem, we have no facilities under our jurisdiction available at this time and the requests of peoplewithin our own town exceed available housing. Chairman Cataldo read a request from the Elks Lodge to extend the Elks hours of operation under its Club liquor License to 2 00 a.m. en New New Year' s Year' s Eve. Eve Upon motion duly made and seconded, it was voted to approve the Extension request of the Lexington Lodge of Elks to extend the hours of operation under the Club Liquor License to 2 00 a.m. on New Year's eye... Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meeting of October 26, 1971. Chairman Cats Ida read a letter from the Chamber of CommerCo re- questing representation from the Board and the Traffic Committee at its meeting on December 15, 1971 at 9 00 p.m. to discuss changes in Chamber of bus stops and taxi stands in Lexington Center and outlying areas. Commerce After discussion, the Board agreed that the Traffic Committee Traffic should meet with the Chamber of Commerce on the bus stops and taxi Committee stands in the Center but to inform the Traffic Committee that if the scheduled meeting of December 15 is not convenient, to schedule a meeting that is convenient for everyone concerned. Chairman Cataldo read a letter from the Chamber of Commerce re- questing that the situation of extreme darkness in the Grant Street Meriam end of the Meriam Street parking lot be corrected. Street Upon motion duly made and seconded, it was voted to request the Parking Town Engineer to submit a recommended plan for lighting in the park- Lot ing lot and the costs for implementing it. Chairman Cataldo read a letter from Edwin B. Worthen, Jr. of Lexington regarding the gift of thee;6emman clock in the n8W Select- men' s Room and the hope that the framed original drawing of the front elevation of the first Town Hall had been preserved. Mr Worthen wondered if the Selectmen's Room was equipped with an elec- trical outlet and if the Board had considered the possibility of Town acquiring instead a clock of local origin, one which would be both Offices appropriate and of increasing significance to the Town. The Board agreed to inform Mr. Worthen that it was very pleased to think that someone would make a donation to the Town, especially taking into consideration the cost of this timepiece; it is felt to be a very appropriate piece to be displayed in the Selectmen's, Room. The Selectmen's room is equipped with an electrical outlet and the Board would be happy to accept a gift of a clock of local origin I 143 I III from anyone who would care to donate it. The front elevation of the first Town Hall and a picture of the new Town Hall will be displayed along with photographs of the old building will be displayed in appropriate loca- tions. Mr. Worthen is invited to visit open house and view the displays at the new Town Offices. Chairman Cataldo read a letter addressed to Mr. Kenney from Lloyd Gilson of the Tri-Town Civic Association regarding new legislation for the protection of the Lexington-Bedford-Burlington land. The letter states that H 3344, authorizing construction of a bridge or tunnel from the Middlesex Turnpike to the 250-acre tract of land in Burlington abutting Lexington and Bedford, died in the most recent session of the legislature. This action does not forever kill chances of development of the land; at best it provides breathing time for additional negoti- ation and strategy on our own. Rep. Vigneau has publicly stated that he will resubmit this bill in the next legislative session. Working with Rep. Cole, our group is contemplating the introduction of counter legislation to insure that the best interests of all the affected communities• will be satisfied before any development proceeds The exact wording is being formulated Lexington- Chairman Cataldo We have received a letter from the Planning Burlington Director stating that Burlington has passed a zoning amendment which Land would require a 100-ft.-wide buffer strip with 75 percent of it land- scaped or wooded for the industrial district adjacent to the Lexington town line; Mr Zaleski dd'd not know whether the yard requirement and the landscaping requirement will be interpreted to prevent the con- struction of a street across the buffer strip into Lexington After discussion, the Board agreed to inform Mr. Gilson that, wLth the Article recently passed by the Burlington Town Meeting and the acquisition of the strip within Lexington along the Lexington-Burling- ton line, we are working in the right direction for the protection of the Town of Lexington, As far as legislation to be filed is concerned the Board feels that Representatives, Cole, Cusack and Dickson should recommend some possible legislation for its evaluation. Upon motion duly made and seconded, it was voted to sign water abatements for the following Water Off Michael Delfino 12- 16-68 $ 1.50 Town Property Water 39 Westview Street 2-09-70 $ 1.50 Town Property Abatement The By-Law Advisory Committee met with the Board and submitted its recommended Article to be submitted in the Warrant for the 1972 By-Law Annual Town Meeting, and also a report. Members of the committee Advisory present were Richard A. Michelson, Chairman; Chief James F. Corr, Committee Howard L. Leving§ton, Anthony L. Mancini and Frank I . Michelman. II� �� 144 ARTICLE XXIV PUBL I C WAYS AND PLACES TRAFFIC REGULATIONS Section 6. No person shall obstruct the free, open and convenient use, by the public for travel, of any sidewalk, street, public parking lot, public place, or public building, by occupying the same with lgoods, wares, merchandise or other chattels, or by using the same as * place of resort, amusement, recreation or business, without the written permission of the Selectmen or Town Manager. ARTICLE XXIV PROTECTION OF THE BATTLE GREEN Section 25. (a) The Battle Green shall be open to the public for pur- poses of rest, contemplation, conversation, historical excursion, memorial performance, public meeting, or other similar activity as provided for herein. (b) No person shall engage in any game, sport or picnic on the Battle Green. (c) No person shall engage or take part in any memorial performance, public meeting, or other similar activity on the Battle Green without the written permission of the Town Manager or Board of Selectmen granted after receipt of a written application in Such form as the Town Manager shall prescribe. (d) No person shall climb upon, deface, mutilate, or otherwise injure any tree, shrubbery, monument, boulder, fence, seat or structure on the Battle Green, or there behave or conduct himself otherwise than in a quiet and orderly manner in keeping with a re- spectful regard and reverence for the memory of the patriotic Service _ and sacrifice there so nobly rendered. MINORITY REPORT This minority report deals only with Article XXIV, Section 25. I would recommend that tiie Board of Selectmen propose the adoption of a new section 25 along the lines set forth in the draft appended hereto. This draft contains four paragraphs parallel' to those in the draft recommended by the majority of the advisory committee. For purposes of comparing the two drafts, material in the minority draft which differs from or adds to the majority' s draft has been underlined. I shall briefly discuss each paragraph, caltfng attention to the issues on which there is difference of view between the majority and minority. 1. 4S (a) The Battle Green should be freely open for all kinds of quiet, unobtrysive activity; and should be available for meetings and perfor- mances 'subject to a permit procedure. I believe there is no substantive disagreement on this point (b) I believe that use of the Green for rest, contemplation, and historicalvisitation should be accorded priority over use for such activities as games and picnics - but that there is no need to bar activities of the latter sort as long as they do not in fact interfere with other people's more passive use and enjoyment of the Green The majority believes that the Green is simply an inappropriate site for playing and picnicking. This is a disagreement about policy, reflect- ing different value judgments (c) The disagreement here may pertain more to form and procedure than to supstantive policy I believe, however, that careful atten- tion to matters of form and procedure is warranted where First Amend- ment rights of expression and assembly Ore involved. Especially is this so because, in my opinion, failure to adopt appropriate formal and procedural safeguards will leave the by- law vulnerable to consti- tutional attack My reasons for so believing are set forth at pp. 1-6 of a legal memorandum I submitted to the advisory, committee, a copy of which has been furnished to the Town Manager My draft would expand on the majority's draft by adding three elements (i ) A listing of five kinds of problems which may justify denial of permission to hold a public meeting. The intent is to make this list exclusive - to say that a permit may be denied only where denial can reasonably be thought necessary to avoid one of listed types of problems. I believe it is the proper province of the Town Meeting, as our legislative body, to provide this kind of articulate policy guidance for administrative officials. (ii ) A requirement that criteria for judging whether one of the listed objections exists shall be applied consistently to all applicents. The objections are stated in rather loose terms (e.a.. "Protection of public health" ), leaving an appropriate amount of dis- cretion to administrative officials. Discretion is not unduly encumbered by a requirement that it be exercised - perhaps by develop- ing and articulating more precise standards or rules - in a consistent manner over a span of time. It is not the minority draft' s intention to forbid general changes in administrative standards, rules or prac- tices such as experience may dictate from time to time. (iii ) A requirement that refusals be accompanied by explana- tions. I believe this is essential to preserve citizen confidence in the. exercise of administrative duties which will almost certainty prove delicate or controversail on occasion. An applicant should be 146 told clearly what the objection is to his request, so that he can try to overcome it (by persuasion, by providing more information, Or. ,by changing his plans) and so that he can reassure himself that tae is " not being treated arbitrarily, or less favorably than someone else without a good reason. (d) There is no difference of substance here I recommend using the word "peaceful" instead of "quiet" because a flat require- ment of "quiet" behavior seems hard to square with the qualified allowance of public meetings contained in both the majority and minority drafts Respectfully subeitted, Frank I . Michelman APPENDIX TO MINORITY REPORT (a) The Battle Green shall be open to the public for purposes of rest, contemplation, conversation, Quiet relaxation, and historical excursion; and shbll be ooen .as hereinafter provided for memorial per- formances, public meetings, and other similar activities. (b) No person shall engage in any game, sport or picnic on the Battle Green which -substantially interferes with the use of the Battle Green by others for purposes of rest conversation. contemolation, Quiet relaxation. or historical excursion. (c) No person shall engage or take part in any memorial perfor- mance, public meeting, or other similar activity on the Battle Green without the written permission of the Town Manager or Board of Select- men granted after receipt of a written application in such form (includino reasonable identification of the aoolicant) as the Town Manager shall prescribe Permission may be refused only if refusal is reasonably deemed necessr8rvt under criteria consistently applied to, all applicants. for the protection of public health the safety .of Persons or property the orevention of excessively protracted or fre- quent noise. disturbance or conoestion- or their occurrence at unsuit- able hours the protection of the Green aoainst .ohvsical deterioration from excessively intense or concentrated use or the avoidance of conflict with previously scheduled activity The reason or reasons for any refusal of permission shall be explained to the aoolicant., (d) No person shall climb upon, deface, mutilate, or otherwise in- jure any tree, shrubbery, monument, boulder, fence, seat or ,structure on the Battle Green,. or there behave or conduct himself otherwise than in a peaceful and orderly manner in keeping with a respectful regard and. reverence for the memory of the patriotic service and sacrifice there so ' nobly rendered. 147 Mr Michelson The report is self-explanatory and, although this was the feeling of the majority, there was a minority report attached We would like to see an Article inserted in the Warrant to make this change in the By-Law Mr Michelman can speak on his own minority report Mr Michelman There is no need to make a statement in addition to the report I filed because it is self-explanatory Chairman Cataldo Do any members of the Board have questions or statements to make? Mr Kenney I have no objection to the first minor point in section (a) Mr Buse Do you accept the majority or the minority report? Mr Kenney I am in favor of the majority report, except in two instances section 25 (a) that suggested change I would be in agree- ment with section (b) of the majority report I do not agree with section (c) I agree with the majority report, with the exception of one of the things in the majority report - that the applicant be notified of the refusal , with a reason. Mr Michelman I thought that this would avoid any arbitrary de- cisions ff the Board had to give a reason for its denial Chairman Cataldo Regardless of the Board or the decision or the issue, there are always reasons given for denying any request There are no arbitrary decisions made at any level . To have a By-Law include this sort of language is not in the best interests of the Town because it is the policy of this Board to operate in that manner Mr Michelman If it is the policy of the Board to operate that way, I agree with you that the language should not be inserted It was the general feeling of everyone concerned that the Board' s policy was to state the reasons fbr any decision made. This section would not be necessary Chairman Cataldo raised the question of dual authority or respon- sibility, where it stated permission be given by either the Board of Town Manager This' sort of By-Law cannot be operated in an efficient manner, especially if one department doesn't know what the other has already done or if it had acted on any request If the reason behind this section is that a person would want an immediate answer, the Board of Selectmen has always seen fit to act on emergency requests We have acted on, and granted many, in the past and see no reason for changing the approach in the future After discussing this section, there was general agreement also that it should be separated and the Town Manager's authority be deleted The Board of Selectmen voted unanimously to accept the report of the By-Law Committee and insert an Article in the Warrant, deleting the authority of the Town Manager to issue permits Mr Legro raised several questions regarding the language of this proposed By-Law and felt there were many areas that should be clarified before it was approved and submitted to Town Meeting 148 After much discussion of the points raised by Mr Legro, there was general agreement that he was right, and the By-Law should Ise reviewed once again. Therefore, the Board voted to rescind its vote of accept- ance and asked Town Counsel to come back with a report for discussion of this By-Law After this is done, another meeting would be scheduled with the committee to see if an agreement could be reached on the Article to be inserted in the Warrant The By-Law Advisory Committee retired from the meeting Upon motion; duly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing, deliberating or Session voting on matters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputation of a person After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 11 .26 p.m. A true record, Attest `�� �f`i • Executive Clerk, Selectmen 1