HomeMy WebLinkAbout1969-10-06-BOS-min 430
SELECTMEN'S MEETING
October 6, 1969
A regular meeting of the Board of Selectmen was held
in the Selectmen' s Room, Town Office Building, on Monday
evening, October 6, 1969 at 7:30 P M. Chairman Cataldo,
Messrs . Mabee, Kenney, Greeley and Bailey were present.
Mr. Legro, Town Counsel; Mr. Gray, Executive Assistant;
Mr. Burke, Superintendent of Public Works; Mr McSweeney,
Town Engineer, and Mrs . McCurdy, Executive Clerk, were
also present.
Mr. Cataldo informed the Board that he and Mr. Zehner
Town had attended the Massachusetts Selectmen' s meeting, held
Report at Harwich, to accept the award of first prize for the
1968 Lexington Town Report .
Mr. Legro requested the Board to sign the Order of
Order of Taking of a parcel of land on Marrett Road owned by Lex-
Taking ington Associates , Inc ; the award is made in accordance
Lex. Asso with the vote of the Board .
Upon motion duly made and seconded, it was voted to
sign the Order of Taking of land owned by Lexington
Associates, Inc
Mr Legro said that he has the contract for streets,
drains and sidewalks which has been awarded to A.R. Belli,
Belli Inc. There are corrections to be made on the signature
Contract page but the Board may vote to sign the contract, subject
to the necessary corrections being made by Town Counsel.
It was agreed that Mr Legro will hold the contract
until the necessary corrections are made.
Upon motion duly made and seconded, it was voted to
Meeting hold the regular Selectmen' s Meeting on Wednesday evening,
October 15, 1969, because of Columbus Day being cele-
brated on Monday, October 13.
Upon motion duly made and seconded , it was voted to
go into Executive Session for the purpose of voting, dis-
Exec. cussing or deliberating on matters which, if made public,
Session might affect the public security, financial interest of
the Town or the reputation of any person.
After discussion of matters of financial interest
to the Town, it was voted to resume the open meeting.
The Board discussed the Order of Taking of the
Nelson property of Margaret K. Nelson, which is adjacent to
Taking Willard ' s Woods .
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Upon motion duly made and seconded, it was voted to
sign the Order of Taking of the property of Margaret K.
Nelson, with an award of $7500.00.
Rev. John Wells of the Lexington Council of Churches
met with the Board . He read a resolution sponsored by
the Executive Committee of the Lexington Council of
Churches to the Selectmen of the Town of Lexington, which
requested the Selectmen to hereby memorialize the adminis-
tration of President Richard M. Nixon immediately to di-
rect a major and orderly withdrawal of our Nation' s forces
from Vietnam and to hereby memorialize the Congress of the
United States to insist through its legislative and bud-
getary powers that the administration of President Nixon
to act according to the tenor of this resolution.
Rev. Wells said that he has been asked by many people
if this is a proper resolution to bring before this body.
I recognize that this is presumptuous of a town to ask a Lexington
nation what to do but this is not out of line as , previ- Council
ously, this body did ask the Secretary of Defense not to of
place the anti-missile site to Reading; there is proof- Churches
deuce for this type of action. Cannot this Town go along Resolu-
with other Towns? In Arlington, three members of the tion
Board agreed to go along with it.
The Chairman said that it was not acted on, in
Arlington, officially, as a Board. He said that he did
not understand the correlation - this resolution with the
language; he didn't understand how it could bring about
our support on whether we have our foreign policy debated;
if that were the question, it would be a different type
of resolution.
Msgr. Casey said that the purpose is to aid, to be
in favor of the resolution. As a member of the Council
of Churches , he is deeply committed as Rev. Wells and he
is opposed to the war in Vietnam. The American people
voted overwhelmingly in defeat of Senator Goldwater and
the people made it very clear when Mr. Johnson was de-
feated. We have the same old war. Another purpose in
this is , this is not an isolated incident, October 15 is
snowballing all over the country. We are being purpose-
ful, not frivolous in presenting this at this time; this
is part of a countrywide movement and administrative
leaders and governors are moving to express the dissolu-
tionment of the war in Vietnam.
Miss Wendy Levy, senior at Lexington High School,
said that we feel deeply involved in what is happening
in the U.S. and the war and have a deep feeling of
frustration in not being able to vote; they would like
to see Lexington adopt this resolution.
Tim Brown, junior at Lexington High School, said
that most young people are disgusted with what is going
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on and it is about time that they, said, as a unit, and
Lexington is our unit, that they are opposed to the
war, and they will try to get things done that way as
individuals .
Mr. Greeley read a letter from the LCSR which
stated that, at the meeting of October 1, the Commis-
sion unanimously voted to call to the attention of
the Selectmen that, in the view of the Commission, the
resolution has overriding implications for the affairs
of the Town, especially those for which the Commission
was established, for these reasons; The Vietnam war is
regarded by many as diverting resources and energies
away from such issues as housing, education and civil
rights;.bhe war is so divisive as to make difficult
the discussion of major social issues .
The Chairman read a letter from Daniel E. Power,
Chairman of the Lexington Democratic Town Committee,
which stated that the organization unanimously voted
to endorse the petition to the Board of Selectmen by
the Executive Committee of the Lexington Council of
Churches, calling on the Selectmen to support the reso-
lution; also, to ask that the Selectmen vote to support
this resolution.
Mr Wells said that the C P.P. has endorsed the
Council of Churches' resolution and would like to go on
record as such.
Mr. Kenney said that, speaking for myself regarding
October 15, I support your right to affirm your beliefs,
but I would ask that the members of the Board ask them-
selves if they have a sufficient mandate from the Citi-
zens of the Town to act as spokesmen. Regarding the
petition, there is much to agree on; moat would agree
that war is difficult and about the uncertainty of our
initial purpose. We abhor the deaths and deplore the
wasteful spending of the money. We agree with many
sections of the resolutions, down to the last two re-
solves which, in essence, are the same plan as that of
Senator Goodall of New York, which the Senator calls
the Vietnam Disengagement Act.
To illustrate an opposite point of view, Mr. Kenney
read an article published in the Boston Herald on
September 29 which calls it ill-timed, ill-conceived and
ill-advised, and is a proposal that would determine the
negotiating of the United States in Paris .
Mr. Kenney said that he wished to show that there
are many people in the Town who feel that is the way to
do it. Therefore, when you ask the Selectmen to mediate,
pro or con, you put us in a very untenable position. It
goes beyond the legal or moral obligations of this office.
Rev. Wells said that be did not think a Selectman
should be called upon to say what side he is on. HeI/
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didn' t like it because he knew each Selectman has a
desire to be a defender of the American dream. Our
young people would say that we have been so involved
with Communism that we have forgotten our American
dream. Rev Wells has served his country with honor
and distinction and the lest thing he would want to do
is make the military an employee. The Selectmen have
been asked to aid in the process of - let the citizen
be heard - and we don't want you to feel you ere being
put on the spot
Mr Small said that he would like to point out that
if any precedent is necessary, we had one over a year
ago, against the war on a presidential primary, when
many people voted for Senator McCarthy, if you need any
mandate, you have one
Mr Warren Hill presented a declaration, signed by
over 60 employees and merchants of Lexington Center,
stating that participation in the protest movement
against the Vietnam policy of this administration in
Washington would become a detriment to any possibility
of peace in South Vietnam and urged Lexington citizens
not to participate in the October 15 protest.
Mrs . Balsor said that she would like to know what
the people presenting this resolution would like to do,
or intend to do; we all feel strongly about this but
what do they intend to do?
The Chairman said that we don' t want to debate the
Vietnam issue tonight?
Mrs Balsor asked if they are saying, Mr. Nixon,
please stop the war?
The Chairman said that, reading the resolution,
they are asking this
Rev Wells said that the Selectmen are our repre-
sentatives and we ask them as our elected representa-
tives to do this .
Mr Silva said that in regard to Mr. Kenney's
question if the Selectmen have a mandate from the Town
to accept this, you may want to note that it only men-
tions the Selectmen - one governmental body asking
another to take some action. You must remember that
the action was started by the president without the
mandate of the people; I don't see the point of asking
the people
Mr. Kenney said that we could endorse the proposal
as individuals but as a Board, in a real sense, we
speak for the Town and that is beyond our scope. Re-
garding Mr. Small' s comment on the votes for Senator
McCarthy, that is no mandate to Lexington.
Mr. Michelman said that he agreed with Mr Kenney
if, assuming the Board should vote by majority or
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unanimously, they will have spoken on behalf of the
Town, it is entirely appropriate. Rev Wells ' state-
ment of not intending to put five individuals on the
spot saying, do you or do you not agree - that, in-
deed would be a very unfortunate activity to engage in.
He would say to Mr . Kenney that it was not so much a
mandate as a question of interest of the Town elected
officials; they are supposed to reflect Of these con-
stituents, there are some occasions on which an elected
representative feels it is a duty, without counseling
or seeking a mandate
DeNapoli said that as a representative of Liberty
Hill, he is asking the Board not to support this resolu-
tion .
Mr. Frankovitch, Lexington Council of Churches,
said that he has never had so many offers of help on
October 15; he had asked for 50 people and got over 200
people
Mr. Ferrin said that the Board of Selectmen should
not go along with this ; it undermines our community and
we should give the president our support; a house divided
against itself cannot stand .
Mr. Whitehead said that he spoke for many people.
He, too, was opposed to Vietnam but he did not feel the
means to the end is in the streets. We have a govern-
ment,
the speaker of which we can have our voice heard -
he is opposed to demonstrations .
Magr Casey said that we are proceeding in this
manner just so the decision won' t be made in the street,
to keep it from the hands of the more radical element .
The Chairman said that we have faith in you people
handling this situation; you have our assurance that
whatever happens on October 15, we make sure that everyone
who participates is not only heard but protected .
Mr. Greeley made a statement, as follows ; I am un-
qualifiedly opposed to continuation of the war in Vietnam,
and in favor of withdrawal of all our troops as rapidly
as it can be arranged. I will gladly sign personally,
any reasonable resolution or petition to that effect. On
the other hand, my responsibilities and duties as a mem-
ber of the Board of Selectmen do not permit me to take
an action of this nature on behalf of the Town. I must
make decisions on behalf o the Town, wEire such deci-
sions relate to Town affairs which must be settled between
Town Meetings . I Ely make decisions on behalf of the
Town when I believe such decisions affect basically non-
controversial issues (as, for example, our relations with
our Mexican sister-Town Dolores-Hidalgo) But I mater not
commit the Town, or purport to speak for it, on issues
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which by their nature are controversial, or where I
believe that fellow-citizens may, as a matter of con-
science, reasonably question my right to speak for
them As for memorializing Congress , there are clearly-
established channels for the citizens themselves to do
this -- through their Congressman and Senators , not
through their Town governing Boards . When it comes to
memorializing our President, I believe we should all
speak out as individuals and/or through organizations
or agencies established for such purposes . The Board of
Selectmen is not such an agency, and should not be so
used.
Mr Mabee said that he subscribed wholeheartedly to
Mr Greeley' s statement .
Mr. Bailey said that it was very difficult not to
find something to agree with every point of view. Cer-
tain basic facts have gotten a bit out of focus . This
Board was elected by the voters of Lexington to serve as
the executive arm of town government These same voters
also elect executive and legislative representatives at
the state end federal levels . I don't think for a minute
that there is any mandate, direct or implied, for us to
insert ourselves between the voter and their elected
representatives at the other levels of government except
where it is a matter that clearly and unequivocally in-
volves the Town of Lexington directly. Regardless of our
personal feelings in the matter and our individual actions
in respect to the resolution, it is not a proper action
for this Board to act as a body in endorsing the resolu-
tion. I believe that this Board should act on matters
well outside of the direct sphere of Town influence; only
in those instances where (1) the Town of Lexington as a
corporate municipal entity is involved; or (2) where the
well-being of citizens of the Town is clearly and directly
involved; or (3) where a mandate is clearly issued by the
Town Meeting; or (4) where suitable channels of communi-
cation do not exist between citizens and the agency or
entity involved . In this way, I think that we will be
able to keep the record straight on what you do as citi-
zens, what I do as a citizen, and what we do as a Board
on behalf of everyone in Town.
Mr. Kenney moved that the Selectmen not accept the
resolutions as presented by the Council of Churches and
would take no further action, as the matter is beyond
the prerogatives of this office.
The Chairman said that this is an emotional issue
and it is the feeling of the Board that, regardless of
the wording of the motion, the sense is not within the
prerogative of the Board to act on such a request .
Mr. Greeley seconded the motion.
436
Upon motion duly made and seconded, it was voted
not to accept the resolutions as presented by the
Lexington Council of Churches and would take no
further action, as the matter is beyond the preroga-
tives of this office.
Rev. Wells and the citizens of the Town retired
from the meeting.
The Chairman read letters from the Planning Board .
Planning regarding 1620 Massachusetts Avenue and Friendly Ice
Board Cream.
It was agreed to have copies made for the Board
and discuss the matters at the next meeting
Mr. Gray requested the Board to appoint the follow-
Town Report ing members to the Town Report Committee; Louis A
Committee Zehner, Chairman, George E Cooper, Richard K Eaton,
Richard W. Hoover, and a representative of the School
Department, and Albert Gray, Jr , Ex-officio
The Board discussed the request of Mark Lichten-
stein to tie into the storm drain on Augustus Road
Mr Legro said that we have both grants of util-
ities but the provision is that the title to the drains
does not pass to the Town until such time as the street
is accepted and laid out as a public way These are
Lichtenstein the terms of the grant of utilities , so that the Town
Drain does not take the responsibility until the street is
accepted as a public way.
Mr. Lichtenstein was present at the meeting and
said that he has had from 1' to 2' of water in his
basement. He has bad experts from the Town look at
the situation, including Miller & Nylander and the
only remedy is by tying into the storm drain The
Board knows that the ways of the Country Club area will
be acdepted at the next Town Meeting I have obtained
a bonded company or an individual who is authorized by
the Town to do the work, David Eagle
The Chairman said that we recognize the fact that
you have had a problem for three years , a problem with
the subdivider; you are askingto do somethingto
us
solve your problem. Your position is very clear that
this is our concern. I think you understand that my
concern is well-founded
Mr. Lichtenstein said that he didn't place the
blame on the Town or the Board for his problem. The
basic issue is whether the Town Selectmen will author-
ize an individual to tie in.
The Chairman said that he would not vote to put
the Town in this position, to assume the liability, un-
less we are on solid, legal ground .
* Upon motion duly made and seconded, it was voted to
appoint the following as members of the Town Report Com-
mittee; Louis A. Zebner, Charman; George E. Cooper;
Richard K. Eaton; Richard W. Hoover; a representative of
the School Department; Albert Gray, Jr. , Ex-officio.
437
Mr Lichtenstein said that David Eagle had informed
him that, unless the work begins in the next week or two,
he will not be able to do the work I will be in the
same position as last spring and would appreciate it if
this Board acts one way or another
Mr Lichtenstein retired from the meeting.
After discussion, Mr. Gray was instructed to write
and inform Mr Lichtenstein that until such time as the
street is accepted and laid out as a public way, the
Board is not in a position to grant permission to tie
into the storm drain; but will consider the request again
after the streets have been accepted usa
The Chairman read a letter from Mr Anthony Busa re- B8 garding his request to purchase Lot #38 Rockville Avenue villa
Rock-
to combine with his Lot #37, to build one house
The Chairman said that it would take a vote of Town
Meeting to authorize the Board to sell this lot .
Mr Greeley moved to put this request in the War-
rant
Mr Kenney asked if we took this land over the pro-
tests of the owner and the purposes for which we took it
no longer exist , do we have an obligation?
Mr Legro replied, not a legal but a moral oblige-
tion; technically, we need a vote that it is no longer
needed for public purposes
Mr Greeley thought that the Planning Board should
update their position
It was agreed to write to the Planning Board, asking
if there is any change in its previous position of having
no objection to the sale of Lot #38 Rockville Avenue.
The Chairman read a letter from the Camp Fire Girls
Camp
to attend the 50th Anniversary Grand Council Fire on Fire
October 19 at Reading High. Girls
The Chairman polled the Board and no member would be
able to attend
Upon motion duly made and seconded, it was voted to
certify the character of the following individuals who
have applied for a Certificate of Incorportation : Cert of
James R. Maclnnes 1557 Mass Avenue Incorp.
"Massachusetts Association of School Business
Officials Inc."
Dean A. DeMarre 22 Bernard Street
"Life Science Engineering Foundation, Inc "
Phyllis Salusti 110 Kendall Road
"Naples Club of New England , Inc "
438
Eloise P Gredler 119 Burlington Road
"Bedford Country Day School, IncorporUted"
Alfred H Bloom 21 Demar Road
"Giant Stores Charitable Foundation, Inc "
Dr. Robert and Mrs . Joanna Enzmann 29 Adams St .
"Northeast Cryonics Society Incorporated"
The Chairman read a letter from Massachusetts
Transportation, informing the Town that a passenger
Passenger count will be taken at the East Lexington and Lexington
Count stations on Monday, November 3, 1969 from 7:00 A.M. to
7:30 P M
Mr Grey was instructed to inform the Police De-
partment to detail Policemen on that morning
Upon motion duly made and seconded, it was voted
I.D. Card to authorize the Chairman to sign the Liquor Identifica'
tion Card for Rebecca T. Clarke, 29 Moon Hill Road
The Chairman read a letter from the League of Women
Voters regarding a request that the Board issue a proela-
LWV Week mation declaring the week of October 19 - 25 as League of
Women Voters Week
Upon motion duly made and seconded , it was voted to
sign the proclamation for League of Women Voters Week,
October 19 - 25, 1969
Upon motion duly made and seconded , it was voted to
Minutes approve the Minutes of the Selectmen' s Meeting held on
September 29, 1969.
The Chairman read a letter from William H. Duckham,
2 Dewey Road , requesting an abatement of sewer betterment
Duckham assessment of $923 62.
Abatement Mr Legro said that there should be more informa-
tion on this matter before a decision is reached
It was agreed to refer to the Engineering Department
for more information The information is to be given to
Town Counsel; then the Board will discuss it at a future
meeting.
The Chairman read a letter from Arthur W. Collins,
79 Hill Street, stating that he did not believe the award
Collins ' of $200 for an easement taken on his land is a fair award .
Easement After discussion, it was agreed that Mr Gray is to
have a report for the next meeting, a copy of which is to
be given to Town Counsel, and the Board will then discuss
the matter.
439
Upon motion duly made and seconded, it was voted
to go into Executive Session, for the purpose of dis-
cussing, deliberating or voting on matters which, if Exec
made public, might adversely affect the public security, Session
the financial interests of the Town or the reputation of
a person.
After discussion of personnel matters, it was voted
to adjourn at 9:55 P.M
A true record, Attest :
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Executive Clerk, Selectmen /
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