HomeMy WebLinkAbout1971-07-19-BOS-min 1l7`t SELECTMEN' S MEETING
July 19, 1971
A regular meeting of the Board of Selectmen was held in the Bird Room,
Cary Memorial Building, on Monday evening, July 19, 1971 , at 7:30 p.m.
Chairman Cataldo, Messrs Kenney, Bailey and Buse; Mr O'Connell, Town
Manager; Mr McSweeney, Town Enginieer ar4d Acting Superintendent of Pablic
Works and Mrs McCurdy, Executive Clerk, were present
Hearing was declared open upon petition of the Boston Edison Com-
pany and the New England Telephone Company to relocate one pole on
Rawson Avenue
Notices of the hearing were mailed to the petitioners and owners
of the property as listed on the petitioners' plan and also filed with
the Town Engineer
Mr. Pratt of the Boston Edison Company was present and said that
Rawson Ave the petition for the relocation of the pole was at the request of the
Pole Town for widening of the street
Location No one appearing in favor or in opposition, the Chairman declared
the hearing closed
Upon motion duly made and seconded, it was voted to grant the re-
quest of the Boston Edison Company and the New England Telephone
Company for the following location
Rawson Avenue, southwesterly side, approximately 5 feet
northwest of Albemarle Avenue, --
One ( I) pole
(One existing JO pole to be removed)
Mr O'Connell requested that the Board approve a transfer from
the Reserve Fund in the amount of $773 to complete the relocation
work necessary in connection with the Town Office Building We
have $737 left in the appropriation and the amount requested will be
used for additional rental of the Selectmen's and Engineering
trailers, disconnection of temporary electrical services in trailers
Transfer and Cary Building, moving billing machines and large equipment by
professional movers, and miscellaneous relocation expense
Upon motion duly made and seconded, it was voted to request the
Appropriation Committee to approve a transfer from the Reserve Fund
to the Town Office Building Relocation Expense-Article 33 of the
1970 Annual Town Meeting, in the amount of $773.
Mr O'Connell reported that the general contract work on the
Town Office Building will be substantially complete by August I, as
called for in the contract Additional work, not part of the general
contract (primarily floor covering and telephone system) will be com-
pleted by late August Re-occupancy is expected in September
Mr O'Connell informed the Board that he had talked with Mrs
McGonagle about the Red Cross bloodmobile on Sunday, August I , and
Bloodmobile she indicated that if it is the Board's desire to have it from 100
p.m. to 5 00 p.m , she will go along with those hours but the original
request for 12:00 N was in the expectation of the possibility of hav-
ing blood doners who were returning from church services.
Upon motion duly made and seconded, it was voted to grant permis-
sion to the Red Cross for a bloodmobile on Sunday, August I, from
12 00 N to 4 00 p.m.
Mr O'Connell gave the Board a list of nominees for the 1975 Cele-
brations Committee, as submitted by Kingston Howard, Chairman of the 1975 Comm
Committee The Board will discuss the appointments as soon as the
duties and responsibilities are received from Mr Howard.
Mr. John McPhee and Mr William Hamm of the Boston Edison Company
met with the Board. Boston
The Chairman We have asked you to meet with us to get some Edison
answers on why we were unable to get prompt service on July 1 when a
live wire was down on Massachusetts Avenue. The last time we had the
blackout, we had the problems throughout the night We scheduled a
meeting with Boston Edison and thought we had worked it out that when
we had electrical failures we would get some answers for help and
restoration of service On July I , when the Police Officer in charge
called, he couldn't get through to the dispatcher If I hadn't come
back into Town and called Mr Jones at his house, we would not have
received service. I thought we had extended ourselves to work out a
system where that wouldn't happen I have the report here and we had
a wire down, in full flame on Massachusetts Avenue for over three hours
We understand your problem in manpower and we are not saying you should
come in ten minutes but we should have had an answer as to when the
crew was coming
Mr Hamm We have four emergency numbers for you to call
The Chairman We tried them all . The only way we got service
wasewhen I called Mr. Jones Every time the fellow at Edison
answered, he said the dispatcher was busy and the fellow in charge
was busy I came back in Town at 9.00 p.m and that was the stock
answer 1 called Mr. Jones and got an answer back in ten minutes and
a truck was here in 20 minutes My point is that no one at this level
should have to get in that situation where 1 have to call Mr. Jones to
get service. That wire was aflame and there was a cruiser at one end
and a police officer at the other end We don't intend to put up with
this; we thought we had an understanding the last time. We must do
something when the police call and explain how bad it is and get some-
one out here. We didn't get power back until after 1 00 a.m
Mr Hamm• These four numbers ring in dispatcher headquarters
and we always have people there I have no explanation; when the
police explain that it is an emergency, I can't explain why this
happened and it is not right and we certainly will investigate as to
who was on duty. If these four emergency numbers are all tied up,
there is someone to answer there in responsible charge
The Chairman His answer was that we don't know when we can get
out there; when the police asked to talk to his supervisor, he said
he Was busy This wire was down at 7 20 p.m and it was_after 9 00
p.m when I got into Town.
Mr Hamm We were aware that the wire was down and John McPhee
is responsible for line forces We did have trouble en route; when
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the truck was on its way, it was diverted by the Police Chief at the
Carlisle line and he called us to let us know he wasn't continuing
on to Lexington to help
The Chairman: That doesn't help us
Mr. Hamm Yes, when we get an emergency call on these lines,
and they are strictly emergency calls they should respond.
The Chairman It creates problems for us. We had two cruisers
and four men out and our department is not that big to tie it up at
that hour of night Something that big could have beeen avoided.
Going back isn't going to help us but we should have something
worked out to avoid this happening again.
Mr McPhee Can we come back to you at a later date? l can't
make any promises. The tie-up is unusual but that doesn't excuse it
I think we have to work something out to my satisfaction and yours
The Chairman The first thing is, we want some answers
Mr McPhee Yes, we owe you people some kind of an answer and
we will get some information.
The Chairman: We can't let this sort of thing go on When you
get the information, Please call Mr. O'Connell .
Mr McPhee and Mr Hamm agreed and retired from the meeting.
The Chairman read a letter from Mrs. Howard Asarkof, 21 Hastings
Road, regarding the Lions Club carnival on July 4th and the problems
with youths in her neighborhood.
The Chairman Our answer to Mrs Asarkof is that we all recog-
nize the situation does:exist throughout that whole area Mr
Lions O'Connell has scheduled a meeting to discuss the problems of this
Club event and, after the meeting, he will present some recommendations
Carnival to the Board
Mr O'Connell 1 wrote to the Lions Club and summarized the
types and numbers of complaints received and what the police depart-
ment assessment is regarding this year's carnival and they are ready
to sit down with Chief Corr, Mr. McSweeney and me to discuss it
Afterwards, the Board would want a review and possibly a meeting
with the Lions Club There is no question that, this year, the
problem grew with the size of the crowd, and the behavior of the
citizens' groups as the carnival was a natural thing to bring them
there
The Board agreed to answer Mrs Asarkof that the Board will re-
view the situation after the meeting with the Lions Club
The Chairman read a recommendation from the Planning Board regard-
ing the sale of lots 61 and 62 Hickory Street to L Guadagnino. The
Lots 61-62 Planning Board recommends against the sale of lot 62 for the following
Hickory St reasons:
I The Selectmen stated at Town Meeting when the rezoning or
transfer of Meagherville land was discussed, that they would not sell
any of the Meagherville tax title land until an overall plan is evolved
and appropriate parts of it voted by the Town
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2. The lots in question are a part of the school site voted under
Article 45 of the I963 'Town Meeting
3 Lot 61 is not owned by the Town according to our records and
there is no assurance that the present owner will sell it to Mr
Guadagnino (or to anyone else) Without lot 61, lot 62 is too small
to accommodate a house with a 30 ft setback from Garfield Street.
Lot 61 is not a building lot because it has no proper access, inasmuch
as Hickory Street is a paper street
Upon motion duly made and seconded, it was voted to accept the
recommendation of the Planning Board regarding lots 61 and 62 Hickory
Street, and to so inform Mr Harvey W Newgent, agent for L Guadagnino.
The Chairman said that an application for Cary Hall has bee re-
ceived from Lynx Workshops, in conjunction with the Lexington Summer
Co-op Program, to hold a film festival series throughout the summer and
tentatively through the winter. This is a specific request for Friday,
July 23, from 8:30 p.m. to 11 :30 p.m., to show three films, with an
admission charge of SI 00.
Miss Mary Brunn, applicant, was present at the meeting
The Chairman How many people do you expect?
Miss Brunn No more than 200
The Chairman; Is that a realistic estimate? Depending on the
number of people there would determine the number of police officers
assigned and there is a $20 minimum fee
Miss Brunn We had a dance and had a response of about 200; I
would say probably between 100 and 200 people. We are going to show
three films and there would be no refreshments Cary Hall
The Chairman Is this for the purpose of raising money? Lynes
Miss Brunn This is especially for something for the kids in Workshop
town; we also need money to have a workshop which would be open to
kids.
The Chairman If the primary purpose was to make money, you
aren't going to make any.
Miss Brunn As far as police being necessary, it is difficult to
give the number of how many kids will be there If therewas a chance
that we were surprised and more kids came, would it be possible to get
in touch with the police that we would need some help?
The Chairman Details are assigned in advance and to get another
one at 8 30 on .a Saturday night would be next to impossible.
Miss Brunn We could also get 400 people Maybe we could talk
to him (Chief Corr)
The Chairman If he is willing to have one stand by and come
down, fine. The charges are $35 for the hall, custodian fee of $4.25
per hour, and a police officer for $6 50 per hour or a minimum of $20.
Miss Brunn Is the purpose of the police officer to protect the
young people who are running it from intruders? Is it possible among
the members of the group that some nice, big boys could police it?
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The Chairman Mo; this is a requirement of public safety; there
should also be a fireman there according to the safety regulations.
Upon motion duly made and seconded, it was voted to grant permis-
sion to Lynx Workshops for the use of Cary Hall on Friday, July 23,
1971 , from 8 30 p.m. to II 30 p.m. subject to restrictions.
The Chairman read a letter from Frank I . Michelman concerning
House Bills 1870 and 5699 Building Code.
H1870- The Chairman Mr Cole informed me that the bills were being
M5699 redrafted and I wrote to Mr Michelman that we would withhold our sup-
port until we saw a redraft He has submitted a redraft
The Board unanimously agreed that further evaluation and inform-
ation is needed before a position is taken, and will so inform Mr
Michelman.
Upon motion duly made and seconded, it was voted to sign a livery
Livery license for Frank J Graziano, 187 Burlington Street, expiring December
License 31, 1971
The Chairman read a recommendation from the Planning Board of pay-
ment of $6, 165 .30 to Partridge Associates for Minute Man Highlands,
Section IV subdivision, for extra work and materials An invoice had
been submitted by Partridge Associates and verified by the Town Engineer
of the extra cost incurred of $3,098 05 and, in addition, the Town Engi-
neer recommends the release and payment of the amount retained from
previous billing equal to 20 percent thereof or $3,067.25
The Chairman to Mr McSweeney Should we make this payment even
though that section of Worthen Road has not been accepted by Town Meet-
Partridge ung? Can they shut that road off?
Associates Mr McSweeney It is an unaccepted street but is still open to
Payment public travel in the subdivision This is a follow-up on the extra
width, and payment should be made on that basis The bond was released
a couple of weeks ago. They can't shut that street off.
The Chairman If you remember, it was done before when they
wouldn't let us into Bowman.
Mr McSweeney I can clear that up for you
The Chairman Has 100 ft. beyond Goffe Road been done?
Mr McSweeney Yes
Mr Bailey I would vote to pay it
Upon motion duly made and seconded, it was voted that payment is
to be made to Partridge Associates Inc as compensation for extra
work and materials in the Minute Man Highlands, Section IV subdivision,
in the amount of $6, 165 30, under the Appropriation of Article 34 of
the 1969 Annual Town Meeting
The Chairman read a letter from Margaret C Biggs, 9 Loring Road,
protesting the dump sticker fee, and the hazards of the intersection
Dump Fee of Massachusetts Avenue and Worthen Road, but commending a police
officer for his kindness and efficiency in helping her during an acci-
dent at the intersection.
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The Board agreed to write to Mrs Biggs explaining that the money
received from dump Stickers goes into the general fund and can only be
appropriated out by Town Meeting; also that the contract has been
awarded for the installation of traffic lights at the intersection
The Chairman read a letter from the Board of Assessors that the
1971 tax rate has been certified in the amount of $63.80• School rate 1971 Tax
S39 40, general tax rate $24.40 Rate
Upon motion duly made and seconded, it was voted to approve the
minutes of the Selectmen's meeting held on July 12, 1971 . Minutes
The Chairman read a letter from Dr Martin A Goldman regarding
the plot of land on Emerson Road, contiguous with Willard Woods, which
has been filled with debris for four years
A report from the Town Engineer states that this is lot 61 and is
owned by the Town; a solution would be to remove the old concrete forms
and building material and level the piles of gravel and loam on the lot
This could be accomplished without disturbing too much of the natural
growth if done carefully Complaints
Upon motion duly made and seconded, it was voted to instruct the
Acting Superintendent of Public Works to clear the area of debris and
level the piles of gravel and loam on the lot, without disturbing the
natural growth
The Chairman read an invitation from the Massachusetts Port Au-
thority to the Selectmen of Lexington, Concord, Bedford and Lincoln
to attend a meeting at Hanscom Field on July 27 at 2 00 p.m to dist. Hanscom
cuss current and long range construction plans for Hanscom Field. Field
The Chairman, Mr O'Connell and Mr Bailey are to attend the
meeting
The Chairman read a petition from the Gray Line of Boston for a
license to operate motor vehicles for the carriage of persons for hire
in the Town of Lexington on Massachusetts Highway #128 from the Bur-
lington Town Line to the Waltham City Line The purpose of the Gray Lines
petition is to permit the Gray Line to connect up to the Town of License
Peabody with the Gray Line's routes in the west of Boston communities
Upon motion duly made and seconded, it was voted to grant and
sign a license to the Gray Line Inc of Boston to operate motor vehi-
cles for the carriage of persons for hire in the Town of Lexington on
Massachusetts Highway #128 from the Burlington Town Line to the
Waltham City Line, expiring December 31 , 197
The Chairman read a notice from the MBTA changing the date of
the MBTA facilities tour from July 27 to August 3, 1971 META Tour
No member of the Board is able to attend
The Chairman read a letter from Joseph Dattoli , 101 Cliffe Avenue
requesting damages in the amount of $5,000 as a result of a taking of Dattoli
his land Damages
590
The Board agreed that a meeting be arranged with Mr Dattoll , the
Chairman, Mr O'Connell and Mr. McSweeney to discuss the request.
Upon motion duly made and seconded, it was voted to go into Exe-
cutive Session for the purpose of discussing, deliberating or voting
Executive on matters which, if made public, might adversely affect the public
Session 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
The Chairman informed the Board that a letter has been received
from Karas & Karas Glass Company, South Boston, requesting payment
in the amount of $2954 61 . Payment was held up by the Town Manager,
and, as we all know according to the Selectmen-Town Manager Act, he
has the responsibility and the authority to question any invoice or
voucher that comes to him for payment; he did this and referred it
to the Board for investigation, as the Act so specifies We invited
the School Committee to meet with us this evening to discuss this and
one other voucher The School Committee, in their judgment, dele-
gated Mr Maclnnes to come before us to answer any questions The
Board had specific questions of the School Committee that Maclnnes
could not answer and, on that basis, the Board felt we should talk
Karas & to the School Committee on that issue. On the request of Karas &
Karas Karas, what is the Board's feeling?
Upon motion duly made and seconded, it was voted to hold up
payment of $2954 61 and to notify Karas & Karas that there are cer-
tain questions as yet unanswered and, pending the solution, payment
will be held up
Mr Bailey Since we are in open meeting, we should attempt to
make it clear that there is no question in our minds regarding the
performance of Karas & Karas in relation to the work done and on
the dollars on the bill . It is unfortunate that name should be on
that particular voucher
The Chairman: We will so notify Karas & Karas and the School
Committee Our questions are of the School Committee, not Karas &
Karas and not Mr Maclnnes
The Chairman said that last week we discussed the request of
Mr Adolph Cuccinello, 92 Bridge Street, that sdme portion of his
betterment assessment be deferred until such time as the property is
Cuccinello sold or built upon The Town Engineer reports that Mr Cuccinello
Betterment has apportioned his sewer betterment over twenty years and has paid
Assessment $151 .68 in principal and $107 12 in interest over the last four years.
The Assessors have no record of the street betterment because this is
still being processed, due to the late completion •of this portion of
Bridge Street, but the amount still remains $1,562 50.
Upon motion duly made and seconded, it was voted, under the pro-
visions of Chapter 159 of the Acts of 1950, to defer partial payment
of the street betterment assessment on lot No 4, 92 Bridge Street,
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in the amount of $562.50, leaving a balance of $1,000 to be assessed;
also, to defer partial payment of the sewer betterment assessment on
lot No 4, 92 Bridge Street, in the amount of $259 44, leaving a
balance of $518 88to be assessed
The Chairman read a letter from Mrs Sherman Hall, 60 Ledgelawn
Avenue, asking if it would be possible for the Town to donate a flag,
which has been flown on the Battle Green, to the Town of owls Head,
Maine Flag
Upon motion duly made and seconded, it was voted to make arrange-
ments to donate a flag, which has been flown on the Battle Green to
the Town of Owls Head, Maine
The Chairman, Mr O'Connell and Mr McSweeney are to attend the Urban
DPW meeting on Urban System Highway network at District No 4 Office, System
Arlington, on Wednesday, July 28, 1971 Meeting
The Board discussed the appointments to the By-Law Advisory
Committee, as voted by the Town Meeting under Article 75, that the
subject matter of this Article be referred to the Board of Selectmen
for study, the Board to report its conclusions and any recommenda-
tions to the Town, by posting at the Town Hall, on or before December I ,
197 I
Upon motion duly made and seconded, it was unanimously voted to
appoint an advisory committee of seven members to study, and make
recommendations to the Board, the content of Article 75 of the Annual
Town Meeting, and to report back to the Board no later than December 1 ,
1971 Walter C O'Connell-Town Manager; James F Corr-Police Chief; By-Law
Charles F. Gallagher, Jr -Recreation Committee Chairman; Howard L Committee
Levingston-TMMA Chairman; Frank I Michelman-LCSR Chairman, Anthony L.
Mancini-Citizen-at-Large; Richard A Michelson-Chamber of Commerce
representative
Mr Kenney discussed the open burning law As he understands it,
no burning is allowed as of July 1st
Mr O'Connell Except by special permit by the Department of
Public Health
Mr Kenney What are the plans for the fall regarding leaves?
Mr. O'Connell No plans; we have discontinued the practice of
granting written permits Leaf
Mr. Kenney As of now, no burning of leaves? Pick-up
Mr O'Connell We no longer have any authority to grant such
permits
The Chairman Have you put the leaf picker out to bid?
Mr O'Connell Yes; we haven't received it yet
Mr Kenney Is it the feeling of any member of the Board for
extraordinary type pick-up?
Mr O'Connell Most people find a way to deal with the problem
except elderlj' people without cars or without financial resources to
hire transportation.
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Mr Kenney We discussed two swings through the Town to pick up
leaves
Mr. O'Connell We provide the bags to the people to go to the
dump.
Beano The Chairman informed the Board that a copy of the Beano Bill
has been received and it will have to go on the March ballot.
The Chairman said that we had received a letter from Mr Warren
Leslie regarding the Upper Story and the youth of the Town add were
Youth - going to meet with him.
Upper Mr Buse We should inform him that we would still like to meet
Story with him even though the Upper Story has closed.
The Board agreed to meet with Mr. Leslie on next Monday evening
if he so desired, considering the Upper Story has been closed.
The Board agreed to meet on August 2 and August 16, 1971
Upon motion duly made and seconded, it was voted to adjourn at
10:22 p.m
A true record, Attest
Execu�lerk, Selectmen ��