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HomeMy WebLinkAbout1970-05-11-BOS-min SELECTMEN'S MEETING May II, 1970 A regular meeting of the Board of Selectmen was held in the Select- mens's Room, Town Office Building, on Monday evening, May II, 1970 at 7 30 P.M. Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present Mr. O'Connell , Town Manager, Mr Burke, Superintendent of Public Works; Mr. McSweeney, Town Engineer and Mrs. Chisholm, Acting Clerk, were also present. At the request of the Town Clerk, two jurors were drawn Jurors Charles Proctor 12 Welch Road James P Donovan II John Poulter Road Mr. Zehner met with the Board He said that he had received bids on $750,000.00 to be borrowed in anticipation of taxes and recommended that the Board award to the low bidders. He requested the Board to sign the notes and the delivery authorizations. Upon motion duly made and seconded, it was voted to award the contract to the low bidders, to sign the notes and delivery authoriza- tions to the following banks Lexington Trust Company on $500,000, 4.23% discounted Treasurer First National Bank of Boston on $250,000, 4.36% discounted Mr. O'Connell read a letter of request from the Lexington Arts and Crafts Society' s Ceramic Guild for permission to hold a one-day sale of pottery on the lawn of the building at 130 Waltham Street, Permit Saturday, June 13, 1970. In the event of rain, the sale to be held inside the building. The Board felt that this is their own property and this is merely a request to sell The Board had no objection Mr. O'Connell read a letter of request from the Committee of Responsibility which had previously been tabled, due to the fact that more information was needed before permission could be given for an art show He said that he had investigated this Committee and it was for the Medical Rescue of Vietnam Children. Mrs. Nancy Houghton is the Executive Secretary for New England, registered with the Attorney Permit General' s Office for more than three years. There is a branch loca- ted in the High School , Lester Landers is the sponsor. The purpose is to bring Vietnam children to Boston hospitals. All were in favor of granting the request with the usual re- strictions that we do not allow signs to be displayed. Upon motion duly made and seconded permission was granted to the Committee of Responsibility to hold an art show on land in front of the Visitors' Center on May 17, 1970, 10:30A:i4.-•5 30PA.-rein date, May 24, 1970, subject to the conditions of the Superintendent of Public Works; also, subject to the restrictions that no signs be posted. Mr. O'Connell requested that permission be granted to Captain Paul E Furdon to sign the payroll in the absence of the Chief of Police Police. Upon motion duly made and seconded, it was voted to authorize Captain Paul E Furdon to sign the payroll in the absence of the Chief of Police. Mr. O'Connell requested the Board to sign the contract be- tween the Town and Whitman and Howard for engineering services for Sewer miscellaneous sewer work. Contract Upon motion duly made and seconded, it was voted to sign the contract between the Town and Whitman and Howard for engineering services for miscellaneous sewer work Mr. O'Connell submitted the contract with A. Bonfatti & Co., to sign for the Town Office Building and Police Station. He said that everything is now in order. We will hold the documents for Town Counsel's review. We have on file the approval of the Emer- Bonfatti gency Finance Board for both portions of the contract. Brewer & Contract Lord had signed the builder' s risk certificate requirement from Mr. Bonfatti He said that all the documents are in order and four copies are prepared for Mr Legro. Upon motion duly made and seconded, it was voted to sign the contract with, A Bonfatti & Co Inc., Norwood, Massachusetts, in the amount of $868,032.00, for the remodeling of, and construction of additions to the Town Office Building and the Police Building. Mr. Adams and Anne Scigliano of the Lexington Minute'manfuet with 111 the Board, at Mr. Adam' s request. Mr. Adams said that he wanted to discuss the happenings over the past week end The Chairman said that he appreciated the fact they called Mr. Adams to lay the facts before the Board. Anne Scigliano read a letter from Janet Keeping, 13 Sunny Knoll Terrace. The Chairman asked Mr O'Connell to comment on the letter because he was primarily involved in the situation. Mr O'Connell said that there was a communication problem due to a misunderstanding . I had been given the impression that permission had already come from the Board of Selectmen to dis- tribute literature and it was just a matter of giving permission for the location of the table; thinking this, I told Miss Keeping that they could set up a table on the Town parking lot on Massa- chusetts Avenue between Trani ' s Liquor Store and the Lexington Food Market Mr. Greeley said that you told her that she could put the table on the parking lot This was a reasonable misunderstanding as to the location of the table. The Chairman said Mr O'Connell didn't realize it was Town policy that it required Board approval to set up a table on the sidewalk or any other Town property under the jurisdiction of the Selectmen. It was at this point that I instructed the Chief of Police to have the table removed; and I explained the policy to Mr. O'Connell . 85 Anne Scigliano said that the policy should be made clear and put into the newspaper as to the permission being given by the Board of Selectmen for such requests. The Chairman said that the policy of no tables on the sidewalks is enforced and policed unless the Board of Selectmen specifically vote permission. Mr. Adams referred to the Arts and Crafts show on the Green and asked why a table had been set up? The Chairman said, unfortunately, Mr. Greeley granted permission when he had no right to, Mr Greeley didn't understand the policy of the Board. Mr. Adams asked what is the policy? The Chairman said only the full Board can give permission for something like this. No one member can either grant or deny permis- sion. In general , the policy of the Board is rather open, each and every request submitted to us is taken into consideration upon the merits and conditions of each request. Rev Wells asked to be recognized He asked under what author- ity they assumed that privilege? He said that it is in violation of the First Amendment of the Constitution of the United States. He asked for clarification of the by- law, amendment or custom because questions of this nature come up at a time of emergency such as this one He asked that he be allowed to pursue the question further with Town Counsel . He said that we all be made to understand it The Chairman said that he should send us a letter setting forth his questions and we will answer it. Mr Greeley said these were two issues, placing tables on the sidewalks and the second - the First Amendment. Rev Wells said that we are denied the right to petition or place tables on sidewalks and public grounds. Mr. Kenney said no one is denied the right to petition He also asked who he thought had the authority to grant permission for the use of the sidewalks? Anne Scigliano said the other problem seemed to be in regard to the public address system for the Memorial Service on Friday and would like clarification. She said there is an article in the paper saying there was a special meeting of the Board Thursday night and permission had been granted for the use of the Green with a podium and public address system. The Chairman said there was no special meeting of the Board of Selectmen on Thursday night Mr. Greeley and Mr. Kenney just happened to be in the Town Hall on other business. Rev. Wells and Rep. Cole came in to see if he could arrange for the use of the Green. I came in later. Mr. O'Connell said he had no knowledge before this for use of the Green. He said that he had received no request for the Green before this. Mr. O'Connell said that his office received a call late Thursday morning, May 7th, from Rev. Lilly requesting a podium and he advised him that he did not know if the Town had one but would find out. There was no discussion concerning the public address system. He said that this after-hours request for a Memo- rial Service on the Green to be held on Friday was given every consideration in all possible ways and every effort was made to accommodate them. The Chairman said I had come in later in the evening and that is when the three of us discussed the situation; and at this point the discussion also included Mr O'Connell . Rev. Wells said he would like to cast some light on the facts. At 10-30 in the evening of Wednesday, he had just returned from Washington and was informed that a lot of things were happening in the Town as a result of the four students who were killed at Kent University and that this crisis be met by calling a meeting immed- iately with the Clergy, Father Casey, Father McCabe, Father Moloy, Pete Clarke, Alan King and advise Rabbi Bernat we were holding a meeting to hold a Memorial Service and assumed it had been ap- proved by the school officials. I was called by Mr. Greeley Thurs- day night and told we would be supplied with a podium and a loud speaker system. It was my understanding that sound equipment was available until I received a call from the Town Manager at 10.30 Friday morning advising that the Town did not own the sound equip- ment. The High School did not know where they could get the loud speakers He said that at a time when our nation is in grave danger and our young people concerned, there is a great need for cooperation even on such short notice. Mr. Kenney said that we had attempted to cooperate in every way Mr. Mabee said we have always cooperated, a point is made by the fact that Mrs. Cormier had permission to go on the Green Sun- day. We are not putting obstacles in your way, we did act with prompt action. The Chairman said that Rev. Wells and I have had an under- standing regarding the Council of Churches. I explained to him many times, the request had to be in writing As far as 1 am concerned any request from the Council of Churches has to be in writing because of history. Rev. Wells said where is the response from the Town on the great need of the students? Mr Williams asked if on October 15th, the day of the Mora- torium, did the Town have a P.A. system or not? The Chairman said the P.A. system was rented for that day. On October 15th, it cost the Town $3,000; the question is, where do you stop spending money? Mr. Greeley said there is a lack of communication within the Town government that needs improving for the good of the citizen. The Chairman said that is not true; there is good communica- tion In this case here there was no request from any one for anything except for a podium. The communication is good within the Town because as you say, the request was finally made, thought- fully considered and granted to you to the extent it was possible... Rev. Wells said it did not happen because of the cooperation of the Town; thank you very much. 87 The Chairman said that he would have to take very strong exception to Rev. Wells remarks and attitude. The Town and the Board of Select- men have bent over backwards to cooperate and had granted them every request with the exception of the P.A system. What Rev. Wells doesn't take into consideration is the responsibility that the Town has to ac- cept other than granting them their wishes. We have the full respons- ibility of the safety, protection and security of all our citizens during these affairs and in my mind, we accept it and implement it very well . Again, I would say that Rev. Wells is completely out of order with his attitude. Rev. Wells retired from the meeting The .Chairman read a letter from the Board of Selectmen of Arlington This is Senate Bill #1142, authorizing the M.B.T.A. to float a bond is- sue in an amount up to $300,000,000; and requesting support of surround- ing towns to support this bill . MBTA Mr. Kenney said that it is a desirable measure, but there is no clue to the implication as to what it is all about, we should know The Chairman asked how the Board felt about it and we should talk with Lincoln Cole about the matter concerning the whole program Mr Greeley was in favor. Mr. Kenney said that in principle - we support it The Board agreed that Mr O'Connell should draft a letter. The Chairman read a letter from the Mystic Valley Gas Company re- questing permission to locate a 4" high pressure welded gas main in Grassland and Valleyfield Street Mr. McSweeney recommended it be approved subject to usual permit Mystic requirements, plus a construction schedule. Valley Motion was made and duly seconded, that the request of the Mystic Gas Valley Gas Company be approved, subject to usual permit requirements, Permit plus a construction schedule to locate a 4" high pressure welded steel gas main in Grassland and Valleyfield Streets Upon motion duly made and seconded, the Board voted to approve Minutes the Minutes of the Selectmen' s Meeting of May I , 1970 Mr. Kenney said that he had some comments on the Town Office Build- ing and Police Station construction. He had two pieces of information on the situation, none of which were in our favor We are to experi- ence 13 months of inconvenience, the contractor feels that the Town Office Building must be completely cleared out before he can begin; the same holds true with the Police Station. He feels that it would be better to do both of them at the same time, it is the least expensive Town way to do the work We could delay it 10 to 12 weeks by moving out Office the Police Station last but it is not the best way. Building Mr. O'Connell read the recommended office relocation plan with the possible alternatives that could be incorporated and trailers that could be interchanged for one department or another. He discussed the vault situation and the possibilities for use in this emergency. 88 The Board concurred with one exception that upon Mrs. McCurdy's return she should look over the space assigned to the Selectmen' s staff. Mr Kenney said that we are shooting for June 1st, wont change major plan The Chairman said that the Agenda closes on Friday noon and that this petition came in this morning. The Chairman read the following letter "We are writing this letter to you concerning the lowering of flags in Lexington to half mast in mourning for the four students killed at Kent State University Although some may not think it is the concern of Lexington, we feel it is the concern of the whole country You may consider it too late to lower the flag to half mast, but it is never too late to show grief for tragic deaths. This day would not only be in mourning for the Kent State deaths, but for all people killed on campuses, in ghettoes, in Vietnam, and all the premature deaths caused by hate in all the world. We are not demanding the lowering of the flag, but making a re- quest asking that you do not consider our petition as much a protest Klebanoff but rather a concern for the situation in this country. We would Petition like to further suggest that this coming Memorial Day be enlarged to Flags mourn these deaths we have mentioned. We realize that there are some children's signatures on the petition, but this should only further show everyone' s deep concern and the hope and need for action We further request that you vote on this. matter today, May II , 1970, and no later, for it is impor- tant to set an example and do something now. Thank you very much for your cooperation." Mrs Klebanoff, mother of Peter, said she was here to seec:that the petition received proper recognition as she was interested in bringing up her son with proper democratic ideologies. Mr. O'Connell said this young man and some others came into my office in a manner that would not reflect upon their conduct and inquired about a petition I explained to them what the requirements were to bring the matter before the Board of Selectmen The time table being such, we were not in a position to act on it and further to give the facts in a letter. Mrs Klebanoff asked what he meant by that remark? Mr. O'Connell said that he would go into that later He said that Peter had told him that his father said that the letter would never get to the Board, they would say that they had never received it. The Chairman said that if the father feels that way, he should come down here and state that is his attitude. I 89 Mrs. Kdebanoff said that actually the petition had last all its original meaning in that it was intended for the Memorial Services held on Friday; they find themselves in a meaningless position today. She said she could not recommend it now, it is too late. Mr. Kenney said that every time there is a death if would be dif- ficult to lower the flag. The Chairman said it could be incorporated in the Memorial Day Service and asked what is the Board' s feeling? He read the letter again. It was agreed that the letter and petition would be submitted to the Town Celebrations Committee to be incorporated in some special manner that would have meaning in the Memorial Services to be held on the 25th of May. It was recommended that they should come back to the Board for consideration on next Monday night and further, there should be a way of giving the request identification with emphasis on the second paragraph of the letter and we will follow it through. Upon motion duly made and seconded, it was voted to adjourn at 9.25 P.M. A true record, Attest >jd Acting Clerk, Selectmen 1 I