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HomeMy WebLinkAbout1971-06-02-BOS-min 527 SELECTMEN' S MEETING June 2, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Wednesday evening, June 2, 1971 , at 7 30 p.m Chairman Cataldo., Messrs Kenney, Bailey and Busa, and Mrs. Riffin; Mr Legro, Town Counsel , Mr. O'Connell, Town Manager; Mr McSweeney, Town Engineer and Acting Superintendent of Public Works, and Mrs McCurdy, Executive Clerk, were present The Chairman said that we have had many requests today for people to come before the Board The first three requests I got, I told them the agenda was filled and was closed but that we would think about setting up a meeting on a separate night to let everybody speak. 1 got the fourth call from Mrs Davison requesting an appointment with the Board with Mr Dingman; as a result of that call , I polled the Board regarding giving appointments for tonight and the vote was 4 to I to set up a meeting with the general public on Monday, June 7. There would be no preferential treatment and people would be recog- nized as they called in, the time being noted on each call We will give that release to the newspaper for anyone who wants to come befDre the Board I reiterate that I had three calls before Mrs Davison and they accepted the fact pleasantly and agreed it was the sensible and fair thing to do to have the meeting this way I called Mrs Davison back and gave the decision of 4 to I to hold a special meeting and set it up that way Today, I got a call from Mr Dingman that he had contacted people on meeting tonight and he couldn't get in touch with all of them We agreed that at the outset of the meet- ing, he would make remarks not to exceed five minutes as there would be a considerable number of people coming I emphasize that we have been unfair to the other people by turning them down and we should keep it this way, with this one exception. What is your opinion? Mrs Riffin My first choice would be to have anyone who wants to speak afterwards, to offer the hospitality of Cary Hall to those who would like to stay to talk Upon motion duly made and seconded, it was unanimously voted to re-convene to Cary Hall under the above-stated conditions. The Chairman opened the meeting and said that beginning yester- day, the Selectmen received many calls from local citizens wanting to express their feelings about last weeks happening I received Cary Hall one call and explained to that citizen that the Board was willing to Meeting listen to anyone coming before it, but said that the Selectmen have a schedule of getting ready for Town Meeting and have a full agenda that would go to 100 a.m and it would probably be best to set aside a separate evening and have everybody come before us to present the pros and cons The fellow agreed and said he would call back and get 6n the list for Monday I got three calls and the fourth call `G(3 was from Mrs Davison who said she was calling for Mr Dingman and I explained the same story and she felt people would want to come before the Board. I said that rather than for me to make the deci- sion alone to deny her request, I would poll the Board; the vote was 4 to I to set up a separate night to listen to whatever citizens wanted to come before the Board I called Mrs Davison back and she said she disagreed but could see the merit of it Today I had a call from Mr Dingman who said he was unable to contact people that it was scheduled for Monday night We would schedule a meet- ing for next Monday from 7 30 to 9 30 p.m. and set up a system for whoever calls and wants to speak before the Board Keith Butters was the first call we got and he will be first In my discussion with Mr Dingman, he couldn't contact the people and we agreed that Mr Dingman would present the position paper and explain in brief terms, not to exceed 5 minutes I think we were all in this same hall on Saturday night and discourtesy and disrespect gained us nothing I would ask you tonight, regardless of a personal feeling, that whoever speaks, you give them the courtesy of listening to what they have to say. I am sure Mr Dingman is diametrically opposed to mine and I intend to give him the courtesy Mr Roger Dingman I come before you to present a statement to the Board in behalf of nearly 600 people, following the Battle Green, we endorsed "We, the citizens of Lexington, wish to express our emphatic dissent from the Board of Selectmen' s arbitrary decision to refuse the Vietnam Veterans against the War overnight accommodation within the Town, Their evasiveness, pride, and insensitivity made inevitable the tragic yet avoidable confrontation on the Battle Green the night of May 29. Their actions have brought shame and dis- grace upon us all They have made our Town not the "Cradle of Liberty," but simply another "safe suburb " We wish to express our dissent of the decision of last week It was this refusal and the offer of Lincoln Street and the subsequent confrontation This is the same expression of aggression which has besmirched the reputation of the Town I accepted the condition of no more than five minutes; speaking as an individual I must dissent with his arguments and I don't think it should be postponed until next week I don't believe that other groups or other individuals on the agenda merit Mr Cataldo' s refusal that they would have been unready or unwilling to discuss, nor an emergency which does not justify setting aside regu- lar business of the Selectmen I can conceive of no greater emergency than the violation of the right of free expression of the Vietnam Veterans Against the War and the citizens of the Town last Monday and ask fellow citizens to make the Board more responsive of and more receptive to the citizens and all Americans to regard the Battle Green as a symbol of their liberty The Chairman Mr. Dingman presented a petition carrying approx- imately 600 names. I will keep them in the file and I want you to know there are many other petitions coming in, many letters covering all points of view, whether pro, con, moderate or what have you; if 529 someone could take the time to read all of them, it would be an educa- tion and probably very fruitful As I said, the Board has set aside Monday night from 7 30 to 9 30 for those who like to come and present the r views; just call the office and you will be recognized as these cal s come I think this is the fairest way to be recognized, rather than putting your hand up at the meeting The Board would ask your cooperation in agreeing with this solution There is nothing in any one of the Board"s mind that we feel you shouldn't be heard, and ask tha# it be done in an orderly manner As far as I am concerned, now tha.1 the issue has gone by, we must get back and have the courtesy of one another, if not, it has gone for naught Question Is there a limit of time for people to speak? The Chairman You can speak to your heart' s content Question How can we prevent one of your people from speaking all night? The Chairman There is no question in my mind I would stop it Mrs Riff in Moved to limit the time to 10 minutes for each one to present his view Mr Bailey Seconded the motion Upon motion duly made and seconded, it was voted to limit the time on Monday evening to 10 minutes for each one to present his view The Chairman There was a hearing scheduled for the Histbric Districts Commission here in Cary Hall but it has moved to another locetion, if you would like to stay and discuss the issue amongst yourselves There are two sides of the issue here Question Why not hold the open meeting here so there would be more. room? The Chairman We have items for Executive Session and I would like, to inform you we may not go back into open session until 10 30 or 100 o'clock; at that time, we will have further business to con- duct and if anyone would like to attend, he is welcome The Selectmen, Town Manager and Executive Clerk left Cary Hall and resumed the open meeting in the Bird Room At II 35 p.m , the Selectmen, Town Manager and the Executive Clerk returned to Cary Hall The Chairman The Board voted to come out of Executive Session, temporarily, as we have a tremendous work load, to discuss the issue with which you are concerned Mrs Riff in I offer the motion that the law suit against the Veterans and others be voluntarily dismissed by the Plaintiff, the Selectmen of the Town of Lexington There is no further need for a law suit and there will be no further penalties Mr Bailey and Mr Kenney seconded the motion The Chairman It is my position to vote against this motion When this injunction was first taken out, it was taken out with the posvibility of avoiding a lot of trouble with townspeople and an cut- side group, plus the fact, or answer a lot of questions 6f the responsibility and authority of the Board 1 think, basically, the 530 order of the court answers these questions very clearly The Chief Justice saw fit on Saturday to issue the restraining order I didn't have any intention of ever proceeding with this order We spent Saturday to convey to the Town that we had the responsibility and we came to the meeting on Saturday asking to talk with you and the clergy and there was complete disrespect and discourtesy in Lexington Again today, I took the approach to listen to all the citizens who were concerned, to set up the mechanics to do it equitably and, again, saw discourtesy and disrespect, and upstairs at the meeting tonight there was absolute discourtesy How can you ask us to let these people off the hook when again and again we just can't For you people to knowingly violate the law, once, twice and three times, you were willing to violate the law and take the consequences If this is what you want, this is your op- portunity to tell the judge On that basis, I will vote against the motion. Mrs Riffin, Mr Kenney and Mr Bailey voted in the affirmative Mr Cataldo and Mr Buse voted in the negative The motion carried, that the law suit against the Veterans and others be voluntarily dismissed by the plaintiff, the Selectmen of the Town of Lexington The Chairman We will instruct Town Counsel to file the motion The Selectmen, Town Manager and Executive Clerk left Cary Hall to resume the Executive Session in the Bird Room, at Ii 45 p.m. For the purpose of continuity of the record, the later minutes were recorded successively The Board resumed the open meeting in the Bird Room The Chairman At the request of the Town Clerk, one juror was Juror drawn Frank Diodati 211 Woburn Street The Chairman read a letter from the Lexington Council of Con- gregations stating that an ad hoc group is studying the status of the creche which is displayed on the Common each Christmas season. The Council, which has been historically Christian, hold this symbol in the highest esteem but we are aware of the contemporary pluralism of the town and we feel obligated to assume responsibi- lity for an examination of the, influence of this tradition on all Creche on of our fellow townspeople Enclosed is a copy of a letter sent to the Common pastors of all churches whose congregations might consider the dis- play of the creche on their own grounds on a rotating or longer term basis This inquiry will form the basis for possible alterna- tives to the Common as a location for the creche Depending en the alternative sites study we may be in a position to make a recommend- ation to the Council at the June meeting Any action of the Council would then be communicated to the Selectmen The members of the ad hoc group would be happy to meet with the Selectmen should any further discussion be desirable at this time �: 1 €, The Chairman Does the Board have any remarks it would like to ma'e to them? Mr Bailey This is strictly information Mr Kenney Could we ask the Town Manager to speak to them if they have any specific suggestions, so we can keep in touch with the situation? The Chairman My question is, why .are they doing it? On whets thrust are they doing it; who asked them to do this? Upon motion duly made and seconded, it was voted to refer the matter to the Town Manager to get further information from the Lexing- tor Council of Congregations The Chairman informed the Board that two letters have been re- ceived from Herbert Sherman, 3 Bates Read and Dexter Smith, 10 Phinney Road, regarding the closcng of the dump on Sundays, we will keep them on file until we discuss it again Mr O'Connell I had considered a possible alternative but there is strong feeling of those who operate it for Sunday closing. If experience shows we could operate six days a week but Sunday is Sanitary the wrong day to close, an alternate day is in order. One of the Landfill significant aspects of the sanitary landfill on Sunday, Lexington Sunday is the only one in the State open on Sunday and this produces an Closing unbelievable pressure and gives us an added control problem on peo- ple from out of town Mrs Riffin We have two factors on Sunday, the elimination of other than Lexington residents and Lexington residents, also Mr Buse Let us review it at the end of June; if the Board warts to change its decision, I would suggest we wait until the last meeting in June The Board agreed to acknowledge the two letters and inform Mr Sherman and Mr Smith that the Board will evaluate the situation The Chairman If the Board wants to review it before it goes into effect, fine The Chairman read a letter from Mrs Howard Cravis, Public Rela- tions Committee of Project Concern, stating that a group of youngsters from Muzzey and Diamond Junior High Schools have decided to organize a Froject Concern "Walk for Mankind" and the Lexington J C ' s have agreed to sponsor the walk on October 16, with rain date of October 23, 1971 The Committee requests support of this meaningful activity Walk for Upon motion duly made and seconded, it was voted to refer the Mankind letter to the Town Manager to set up a meeting with the Committee for Project Concern for more details and permission to be given subject to the approval of the conditions set up by the Town Manager Residents of Five Fields met with the Board to discuss the sewer project in the area Sewer Mr John W Cahn, 5 Field Road, asked why he had to stay upstairs to discuss the ! ! sewers when it was much more important to him to be downstairs in Cary Hall? 5:12 The, Chairman: We scheduled this meeting with the residents, *even though we have a tremendous work load, to discuss the problems and try to arrive at a solution. If you feel that you would rather go down- stairs, go ahead; the record will show that the meeting with the residents was held at 8:00 p.m. and your remark was the result of giving you the courtesy of not having you wait. Mr. Cahn left the meeting to go downstairs and join the meeting in Cary Hall and not discuss the problems of the Five Fields sewer. Jordan Mr. McSweeney showed a map of the area for a sewer easement on Augustine the property of John R. and Lillian L. Augustine, 481 Concord Avenue; Sewer Ease- this is to service their property and the property to the rear, went owned by Carol and Kenneth L. Jordan, Jr. , 489 Concord Avenue. The Jordans presently have utility rights for water and electricity over the Augustine property but we are recommending a separate Town-owned easement subject to receiving a conformatory deed and a release of damages from the Augustines. In order for us to service the Jordan property, it would have been very expensive for us to go through the right-of-way that presently exists to the north of the Augustine property, and it would have been an added cost both for the Town and the Jordans. Upon motion duly made and seconded, it was voted to request Town Counsel to prepare an Order of Taking of an easement for sewer pur- poses on the property of John R. and Lillian L. Augustine, 481 Concord Avenue, subject to a conformatory deed and the grant of a release of damages. Mr. McSweeney The Engineering Department, at the request of several residents in the Five Fields area, reviewed the design of the Field Road sewer, as it relates primarily to the costs of their sewer services, and secondly, ease of construction and the cost to the Town. We spent several weeks studying the situation, and came up with what we feel was an advantageous alternate, to both the Town and the area residents. We have notified all parties concerned of our proposal and, to date, have met with them on two different occasions to discuss the situation. The facts related to this matter are as follows: I. There are nine lots, all built upon, affected by this proposed change; 2 on Barberry Road, 5 on Field Road, and 2 on Concord Avenue. 2. The present plans call for one lateral in Field Road with cuts in some cases over twenty feet deep in the area of the Concerd Avenue lots, the plans presently call for a twenty foot cut also. In both instances, sub-surface investigation has re- vealed very heavy quantities of ledge. This would involve substan- tial blasting, wide trenches, and a very slow rate of progress. 3. The proposal that we have developed calls for a shallow sewer In Field Road to pick up the homes on the easterly side of the street, I 53x3 a shallow sewer in an easement behind the homes on the westerly side I of Field Road, and raising the sewer in Concord Avenue to a point where it is out of the ledge and into a nominal cut. At the end of the second meeting with these people, we ques- tioned them on their feelings on this matter. There were five homeowners in favor; the owners of number 29 and 31 Barberry Road, numbers 5, 7 and 9 Field Road, and number 542 Concord Avenue. Mr. W rner of 546 Concord Avenue expressed no feeling on it. The Freys w re not present at either meetings. Mr. Nash of number II Field R ad stated that he was opposed to the alternate oa the basis that will not realize any advantage from this work. Mr. Aladjen is also opposed to this project on the basis that he feels the easement w uld significantly damage his property. The Chairman asked Mr. Richard Souza, 542 Concord Avenue, and M . Caleb Warner, 546 Concord Avenue, to look at the plan. He ex- plained that the original concept of the sewer going into Field Road eels solid ledge In a 20 ft. cut; to relocate the sewer would s ve homeowners considerable money. The Board would like to know how you feel about either proposal . Mr. Caleb Warner: I abstained from voting at the meeting held with the residents as there was serious objection on the part of two of the people through which the second easement was going. It is no different financially for me but I feel that Mr. Aladjen objected to this concept and I feel that the concept of going along the back of I the lots would better suit Mr. Aladjen. This has been checked out by a registered engineer and it is feasible. For this reason, I would like this concept to be adopted. The Chairman to Mr. McSweeney; did you look at this? Mr. McSweeney No I haven't had a chance. The Chairman There is a problem as the contractor is down t ere and also Town Meeting is coming up, and unless we get something ✓ solved, the contractor will move out end we will not get the job d ne. Mr. Warner: Is It possible to rule, subsequently, either/or? The Chairman: No; we have to vote the takings and easements; our problem is time. Mr. Warner: I appreciate that but we would like, if at all pos- sible, to have it considered and whatever additional surveys it would cost the Town, to check this route out. Mr. Aladjen, 3 Field Road It doesn't take half of my land but I object as it happens to be a playground for all of my neighbors; it is a large area and the only open area where kids play ball . The Chairman: You want this concept explored? Mr. Souza, Mr. Warner and Mr. Aladjen want the concept explored. The Chairman: The record will show Mr. John W. Cahn, 5 Field Road left the meeting before discussing his position on the matter of the sewer. Marion C and Louise A. Frey, 7 Field Road, were not present. 534 Mrs. Riff in The residents of Five Fields had a couple of meetings with them; is Mr. Cahn satisfied with it? Mr. LeBoeuf, 9 Field Road, said that Mr. Cahn came down to the meeting and asked me to speak. The Chairman Are you interested in the property line? Mr. LeBoeuf I am satisfied right where it is going; I respect Mr. Aladjen's wishes when he says he wants a ball field. Mr. McSweeney From a construction point of view, there have been a tremendous amount of decisions. We considered rerouting and we under- stand the least ledge is through the middle of the property. Mr. Aladjen I would point out that a petition was circulated for the sewer. The plan showed the sewer stopping here and this is what we were led to believe; now, the sewer comes in here and need not go through my property. It may be $200 or $1 ,000 more but it would do considerably more damages. It has been a playground, the Warners and Souzas use it more than I do, and I would like to preserve it without an easement so I wouldn't have to ask permission to plant trees or mow the lawn, etc. The Chairman Is Mr. Leonard K. Nash present? Mr. McSweeney He is out of Town but Mr. Nash objects to it. Mr. Mudra, 29 Barberry Road, was present. The Chairman to Mr. Mudra As far as you are concerned if you are guaranteed no interruption of service, you would have no objection? Mr. Mudra No objection. Mr. Aladjen Mr. Cahn was in favor of it. Mr. Kenney We have only one objector? Mr. McSweeney Yes, Mr. Leonard Nash, II Field Road. The Chairman Because of our schedule, we will take this under advisement and make a decision and let you know what it is. Later on in the meeting, the Board agreed to have Mr. McSweeney evaluate the proposal presented by the residents of Five Fields and come back to the Board on the feasibility of the projected costs. Upon motion duly made and seconded, it was voted to go into Exec- Executive utive Session for the purpose of discussing, deliberating or voting on Session 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 and resume the open meeting. The Chairman read a request from Minute Man Associates for permis- sion for a block party on Goffe and Dudley Roads on Saturday, June 26, Block (rain date June 27) from 3 00 p.m. to I2M. Dance The Board had no objection to the Minute Man Associates holding a block party on Goffe and Dudley Road on Saturday, June 26 (rain date June 27) from 3.00 p.m. to II 00 p.m. , subject to the regulations of Chief Corr. 5 3 � 5 Upon motion duly made and seconded, it was voted to approve the Bond of Louis A. Zehner, Treasurer, in the amount of $115,700. Bond Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meetings of May 24 and Special Meeting of Minutes May 27, 1971. The Chairman read a letter from the Chamber of Commerce request- ing immediate action to stop the loitering problem on Town-owned properties between Harrington Road and Grant Street, including the Battle Green, Emery Park and the sidewalks and alleys in the center of Town. The Chamber has received numerous complaints from its members and especially from tourists and shoppers that these areas are im- passable at many times and groups that gather are using very abusive lan nage and consuming intoxicating beverages, plus littering these arels to the point of disgrace. Many people, especially women, will not go to the businesses in the center because of the fear connected witi these large gatherings. By Laws The Chairman It is my feeling we have to get a study back on the By-Laws and Park Rules and Regulations and come back with a rec mandation to get enough muscle in the By-Laws to enforce it; something has to be done. It is a policy decision the Board must mak3. Mr. O'Connell has answered the letter and went one step further and asked what steps they would take to police it. Mr. O'Connell When the discussion was on Emery Park, Town Couisel raised the point of an amendment including all parks and we asked the Recreation Committee and they never gave u5 an answer. The Chairman We will answer the Chamber of Commerce that we will look into the Rules and Regulations. The Chairman read a request from Chief Corr to appoint Charles E. 1;onnolly, Jr. , 67 Cedar Street, and James F. Corr III , 8 Park Street, as Special Police Officers. Special Upon motion duly made and seconded, it was voted to appoint Police Charles E. Connolly, Jr. and James F. Corr, Ill as Special Police Appt. Officers for a term expiring March 31 , 1972. Upon motion duly made and seconded, it was voted to adjourn at 12 14 p.m. A true record, Attest Executive Clerk, Selectmen