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HomeMy WebLinkAbout1969-05-05-BOS-min 265 SELECTMEN'S MEETING May 5, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, May 5, 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. Hearing was declared open upon petition of the Boston Edison Company tolocate one pole, guy wire and anchor on Hartwell Avenue. Notices of the hearing were mailed to the petitioner and owners of the property as listed on the petitioner's plan, and also filed with the Town Engineer Mr Pratt, representing the Boston Edison Company, said that the petition is for the line going into Instrumentation Laboratory and there is need for a pole with a guy in order to hold the line No one appearing in favor or in opposition, the Chairman de- clared the hearing closed Upon motion duly made and seconded, it was voted to appgove the following location, as petitioned by the Boston Edison Company- Pole Hartwell Avenue, southeasterly side, approximately 855 feet Locations northeast of Wood Street - One pole, guy wire and anchor Hearing was declared open upon petition of the New England Telephone Company and the Boston Edison Company to locate one pole at East Street, southerly side, at Ridge Road. Notices of the hearing were mailed to the petitioners and owners of property as listed on the petitioners' plan, and also filed with the Town Engineer Mr Pratt, representing the Boston Edison Company, said that the petition is to eliminate two poles from private property and eliminate a wire crossing at Ridge Road There is an existing pole and Mr Buss wants two poles removed The Chairman read a recommendation from the Town Engineer which recommended that the petition be denied as there was insuf- ficient detail on the plan provided by the Boston Edison Company to determine the proposed location in the field; it appeared that the new location would be too close to the corner of Ridge Road. After discussion, it was agreed to instruct Mr Pratt to talk with his engineering department and submit a new location. Upon motion duly made and seconded, it was voted to deny the joint petition of the New England Telephone Company and the Boston Edison Company to locate a pole on East Street, southerly side, at Ridge Road 261 Mr. Gray informed the Board that M DeMatteo Construction Company had supplied a surety bond, in the amount of $25,000, for the 1967 project on Lincoln Street. He requested the Board to re- Surety lease the bond, as the project has been completed Bond Upon motion duly made and seconded, it was voted to release the surety bond supplied by M DeMatteo Company, in the amount of $25,000 Mr. Gray informed the Board that a letter has been received from Mr. Stolz of Brewer and Lord Insurance Agency regarding the inquiry concerning accident insurance for Boy Scouts. There are three plans available. Mr Gray said that the Boy Scouts working on Town property should be covered in each Council. From the Town's standpoint, we would have to survey all of the lands in- volved and this would entail quitea bit of work. It was agreed to write to the Planning Board informing them that each group of Boy Scouts working on a project involving Town land must be covered by accident insurance and, if so covered, the Board of Selectmen would endorse the projects Mr Gray informed the Board that Mr Essarian had contacted the Town regarding the sale of four tax title lots on Grandview Avenue. Mr. Ryan of Eastern Avenue has also offered to buy one of these lots to enlarge his property, and Mr Rleeburg of Eastern Avenue is interested in buying the other three Mr Gray showed a plan and a copy of the proposal submitted by Mr Essarian, which was approved by the Planning Board Mr Essarian had originally offered $1,000 and now offers $1500 Tax Title Mr Greeley said that he wants to enlarge the lot on Carmel Grandview Circle so that it is large enough to sell. Avenue The Chairman asked if we had the right to close off Grandview Avenue? Mr Gray said that he had told Mr Essarian that if the Board did approve the sale, he would only be able to sell the lots in question The Chairman asked if the Planning Board is recommending that we buy a piece of land from him; he owns the whole subdivision. Mr. Greeley said that the Planning Board made Mr. Jenkins and Mr Outhet leave room for Carmel Circle with the expectation that Mr. Essarian develop the land He originally talked that if he could get this land at the Circle, he would be happy to sell the land at the water tower The Chairman said that Mr Gray can find out the thinking of the Planning Board on buying the land Maybe we can satisfy both people by selling one lot to Mr Ryan Mr. Gray said, apparently, Mr Essarian feels that he would need this lot The Chairman instructed Mr Gray to talk with Mr Zaleski on the status of this part of Grandview Avenue and, also, swapping a 111 piece of land with Mr Essarian, and report back to the Board C l/ Mr Gray informed the Board that the Traffic Safety Committee Mass Ave had a meeting to discuss Worthen Road and Massachusetts Avenue in- Worthen Rd tersection He reported that there were no recommendations at the Traffic present time, but additional traffic counts are being taken; he will report back to the Board with recommendations. Mr Gray gave a report on the Reservoir. *He said that he, Mr Burke, Mr. Certell and Mr. Taylor had met to discuss the pro- ject It will cost between $3500 and $4000 for the installation of overhead electric service to the bathhouse; the electrical controls would be down near the dike; they also want a 12 per cent guarantee on the use of power, which would be a $450 or $500 guaran- tee. Last Wednesday morning, there was a meeting at the Reservoir to discuss the location of equipment It was left that Mr Cortell would make contacts on one piece of equipment and Mr. Burke on the other. Mr Burke called the distributor and was told that they are no longer manufacturing this piece of equipment, as it has not proven satisfactory Mr. Cortell felt that this information was wrong and efforts. were made to contact the factory. It was found that the reason it Is no longer manufactured is that there is no demand for it, and the company is going into more lucrative fields. Mr. Cortell is attempting to procure three of these units, two for Lexington and one for Arlington from Goodwin Hydrodynamics, Weirs Beach, New Hampshire, and expects an answer on the availability some- time tomorrow or. Wednesday. He was also informed that there was one unit in Needham, manufactured by Avco Company, a much larger and heavier unit; it can only be used during non-bathing periods; the unit is detrimental to youngsters, as the pressure is too great. The original proposal was for $2400 each and he is checking the cost, plus availability of the equipment Mr Gray said that we have been putting in sand and the cost is between $7,000 and $8,000. It has been discussed with Mr Cataldo as to whether we should continue the sand operation if the equipment P isn't available; if we don't have it available, we won't be able to s use the Reservoir Mr. Burke said that Mr. Cortell said if the equipment is not available, he could supplement its use by aeration equipment; this is in addition to what is to be procured from Goodwin $500 for a unit that provides oxygen for circulatory equipment from Hinde En- gineering Company of Illinois. Mr Burke was asked if this is hard to get? Mr Burke said that it is something that is not in demand, it is a water moving equipment powered by a five horsepower engine and is supposed to circulate 1500 gallons of water. The Chairman asked what the estimated costs are? Mr. Gray said the costs are broken down as follows $10,000, building; $4,000, electrical services; $8,000 sand; $4,800 for two pieces of equipment, plus $500 for the compressor; $3400 for sewer and water; $1,000 equipment The Chairman said that if we can't get these two pieces of equipment, the area is not going to be used Do we want to spend $10,000 for it to just sit there? * He said that the Board had voted to hold up on the advertising of the rest room building. 2E9 Mr Gray amid that, without some kind of equipment to move the water, the State is not going to let us use the Reservoir. Mr Burke suggested continuing with the sand operation and hold the advertising of the building; if we get a positive answer from Mr. Cortell. we can go ahead The Chairman said, what is the advantage, you age going to lose the sand Mr. Burke said that we can leave the water level down; if we get the sand down, we can leave the gate partially open Last Novem- ber, it was $1 25 on sand and it has gone up 50 a ton; the same thing will happen next year Mr Mabee said that he would go along with Mr Burke; put the sand in and hold it at that point Upon motion duly made and seconded, it was voted to continue the sand operation and hold at that point until figures on the equipment are received from Mr Cortell. The Conservation Commission met with the Board. The Chairman said that the Board would like to discuss the re- quest from the Commission to place an article in the Warrant to in- crease the size of the Conservation Commission from five to seven members. We would like to keep the Warrant down to a minimum and ww would rather put in the bare necessities Mr Smith said that, as far as the Board's approach to keeping Conserva- Town Meeting short, if the Selectmen agree with us, it wouldn't tion Comm. III take more than three or four minutes at the Town Meeting. We feel that, with seven members, we could delegate different areas of con- cern to members and the Chairman could say that this is in this member's province. Other areas could use additional help; you raised the possibility of Associate Members and the question was raised that if a conflict of interest should arise if we wanted to disqualify ourselves, we could; it is good and works with the Board of Appeals but the more we discussed it, we don't seem to operate that way; we don't have a hearing setup We are a working Board for every meet- ing for ten meetings and we don't feel that Associate Members would work as we can't step aside and bring in a new member; our problems are making decisions as much as carrying them out and we feel that seven members are better than five Mr Mabee asked if the Conservation Board was unanimous on this? Mr Smith said that we feel that if there is an objection to seven members, we will discuss it We are a statutory commission and can have from three to seven members; we voted to have a com- mission of five and have to go to Town Meeting to increase it. The Chairman said that he, personally, felt that there would be more headaches with seven than five members Mr Smith said that as long as there is objection frog the Selectmen, we ought to sit back and think about them and come back, Mr Kenney said that we have no objection to going to Town Meeting; he personally, didn't think it is a good idea; we really 111 should think about it T7 () Mrs Frick said that she felt there should be Seven mem- bers as they are operating insufficiently and they need more people. Mr. Kenney said that if they feel they are operating insufficiently, try re-organization, first. Mrs. Frick said that if they had a couple of more people working, they could work together The Chairman asked if the Conservation Commission is with- drawing the Article? Mr Smith said that they would discuss it and give their answer later on this evening. Later on in the evening, the Conservation Commission re- quested that the Article be withdrawn. Upon motion duly made and seconded, it was voted to app prove the request of the Conservation Commission to withdraw their Article for the June Town Meeting. Upon motion duly made and seconded, it was voted to sign Abatements the abatements for 1968 ambulance bills which are uncollectable according to the Tax Collector, in the amount of $139.00 Upon motion duly made and seconded, it was voted to sign the Chapter 90 Memorandum of Agreement between the State DPW and the Town of Lexington, in the amount of $4,501 00, for Chapter 90 maintenance work for 1968 Upon motion duly made and seconded, it was voted to grant Permit permission to the 4-H Club of Lexington to hold the annual horse show at Willard's Woods on June 8, 1969, subject to the restric- tions of the Superintendent of Public Works and Chief of Police. Upon motion duly made and seconded, it was voted to write Permit the Veterans of Foreign Wars, Lexington Post' No 3007, that the Board of Selectmen has no objection to the sale of poppies in the Town on May 22, 23 and 24, 1969 Upon motion duly made and seconded, it was voted to sign Cert of the Certificate of Incorporation for Neil L Chayet, 272 Concord Incorp Avenue, "The Boston Family Institute, Inc " Upon motion duly made and seconded, it was voted to approve Bond Bond No 93-51-96 for the Assistant Town Treasurer, in the amount of $25,800. Upon motion duly made and seconded, it was voted to approve Minutes the Minutes of the Selectmen's Meetings held on April 7 and April 24, 1969 The Chairman read a letter from Mr Brooks of the Youth Em- Y.E S. ployment Service of Lexington High School, requesting permission for an Arts and Crafts Sale in fronttof the Visitors" Center on May 31, 1969 from 9 00 A.M. to 4 00 P.M 2 It was agreed that Mr Gray is to talk with Mr Brooks to III find out who would be responsible for the group if a permit is granted Mr Gray is to report back to the Board at the next meeting Thehairman informed the Board that annual appointments C pp must be made to various Boards and Committees Upon motion duly made and seconded, it was voted to make the following annual appointments Board of Appeals George P Wadsworth March 31, 1974 Board of Appeals Ruth Morey March 31, 1970 Associate Members Robert H Farwell Logan Clarke, Jr John J Blaisdell George W. Emery Woodruff M Brodhead Gammel Legacy Income Trustee James E Collins March 31 , 1970 Standing Plumbing & Building By-Law Committee Richard W Souza April 30, 1972 Recreation Committee Robert E Bond April 30, 1972 Annual ' App'ts. Town Celebrations Committee Eleanor B Litchfield April 30, 1972 Mrs Haskell W Reed James Fenske Registrar of Voters Reed Kingston Taylor March 31, 1972 Mr Lincoln P Cole, Jr met with the Board. Mr Cole said that the Center Committee has had two meeting on the Center and the following is a report of our findings: 1 The Committee believes that the present plan is the best com- promise that could have been achieved considering all interests and that this plan was the one of which the Town Meeting was aware at the time of appropriating the money for the center 2 The Committee recommends, therefore, that the present plan be implemented If the Board of Selectmen cannot accept our recommendation, then, 3 Any major revision of the plan should be the result of a new study and presentation to the Town Meeting In the opinion of the Committee, any such re-design would necessarily require the elimination of parking for at least 200 feet either side of Waltham Street along the north side of Massachusetts Avenue. ArI Mr Cole said that, since he is no longer a member of the Center Comm Board of Selectmen, he would like to be relieved of his duties Resignation as a member of the Center Committee. Re recommended that the Chairman, or his designee, become a member of the Committee. The Chairman thanked Mr. Cole for serving on the Committee and for all the time and effort spent on behalf of the Town. Upon motion duly made and seconded, it was voted to accept the resignation of Lincoln P Cole, Jr as a member of the Lexington Center Committee Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliber- ating or voting on matters which, if made public, might ad- Executive versely affect the public security, financial interests of the Session Town or the reputation of any person After discussion of matters concerning a Committee of the Town, it was voted to resume the open meeting. The Lexington Commission on Suburban Responsibility met with the Board. The Chairman said that he would like to get the ground rules on our relationship and operation of the Commission squared away I am sure Mr Greeley brought back to you that we feel that things should be handled differently. The Commission is an Advisory Board to the Selectmen; you may do all the research you want, in any area, and we will help in any way we can In the line of communications, if you have a recommendation to make or a project to attempt, come to the Board and make the recommenda- tion. If the Board feels that this is the direction you should go and would endorse it, we could then put it forth If, on the other hand, the Board doesn't want you to pursue, the Commission, as such, will no longer be involved, but members, as individuals, could do as they see fit; but not as a Commission any longer. L.C.S.R Mr Skov said that they have been having informal meetings in homes with teachers and METCO parents, and asked if they should have cleared this with the Board? The Chairman said that research in any area is fine If, as a result of research, you wanted to do something, then come to the Board and we will discuss it, such as the recommendation for supporting the appropriation of money for bussing The Board wrote the Congressional leaders to support your position Mrs. Skov asked about fact-finding; this is an affair of action The Chairman said that any action you take to make a change should come to the Board You requested the Planning Board to insert an Article in the Warrant and that sort of request should come here; if the Board said not to put it in the Warrant, the Planning Board might. Any research, discussion groups, fine, bit a formal change, come to the Board 2 e`- Mr Edgar Smith said that he was confused as they are not supposed to be acting individually; what are we in terms of re- lationship not only to the Board of Selectmen but other areas? The Chairman said that, as originally set up, you are an Advisory Commission to the Board of Selectmen Mr Smith said that you are saying that the Commission can- not act independently of the Board Mr Greeley said that the Commission may not commit the Town from the point of view of the Commission, or do something; it can- not speak for the Town as a matter of policy or action. The Chairman said that we look to the Commission as speaking for the Town during research, you are talking for the Town and we don't want you to take the position that you are an official leg of the Town, we appointed you and expect you to be a representa- tive of the Town Mrs. Skov asked if, as a Commission, they have a position on an issue and present it to the Board of Selectmen with a re- quest to go forward, would we be going forward on a Commission matter of Selectmen's matter, ours or yours? The Chairman said that it would be a combination of both, the recommendation of the Commission, supported by the Board If you came in with the recommendation to go forward on the hous- ing on Woburn Street, we would have asked the Planning Board, At any meeting you would be representing the Board of Selectmen. We would like to have a definite understanding and we could be of more help to you under these conditions, rather than go separate ways Mr Greeley said he hoped that the members of the Commission would ask questions Somehow, the zoning amendment for housing on Woburn Street got before the Planning Board without coming to the Selectmen; it would have been more in line to have requested the Selectmen to do it On the school, it was important enough to ask the Selectmen. The Chairman said that he would hate to have them go to the School Committee and say that we recommend this and that This Board should know about all areas in which you are involved, especially expensive areas, and we can get something accomplished. The Chairman said that in regard to the Warrant, because of the lateness of time, we agreed to put the two Articles in, whether we supported them or not. What do you expect to accomplish with two separate Articles? Mr Michelson said that one of these Warrant Articles is in- tended to support a motion directed specifically to the Junior High project and would have simply authorized the Permanent Build- ing Committee to oversee the execution of that project to enter into negotiations with the contractor; that contractor would agree to engage in increasing the number of minority people A motion which that article could cover might intend to authorize the Per- manent Building Committee on these negotiations to treat specific requests it might make by the contract change order and the possi- bility to add on to the contract price and make the appropriation some specified sum of money; that is Article A 274 The other Warrant Article is intended to make an addition to the General By-Laws of the Town. It is different in tenor and significant to the other one; it doesn't apply to one single con- tract but to all the Town might make. It is a By-Law to continue in a comprehensive way the Town's business. The motion would ask to amend the By-Laws by authorizing but not requiring them to conduct business in a way similar to what we had in mind with the Junior High School, with the general qualification subject to support; specific agreements made on specific occasions, made at Town Meeting The Chairman said that your intent is if we have a sewer job and no appropriation as such on Exhibit A, this does not apply Mr Michelman said that the Department of Public Works would be authorized to bargain with the contractor; unless Town Meeting had made an appropriation, it would not have authority to spend for town funds for their training The Chairman said, your interpretation is, if $250,000 is ap- propriated and $10,000 is not added, it would not apply; this is your intent? Mr Michelman answered in the affirmative. He said that the second paragraph, summed up, this is a re- quirement, a mandate, to the Town Boards There is an important, and specific relationship between exhibit A and paragraph 1 of exhibit B the legality of exhibit A and part of the proposal for town funds spent in my view, under home rule amendment of the con- stitution, it can at least be said that the probabilities of that expenditure of town resources be held authorized by home rule will be significantly increased. It is important to have not only a specific authorization given in connection with the Junior High but a By-Law which gives a general and continuing way to appropriate funds. Mr Bernier said that he has talked with Mr Hemingway's office and Mr White Mr White has instituted a permanent pro- gram with contractors and unions in Boston and they asked us if we would look at all other metropolitan towns toward negotiation on this Out of fifteen towns, eight would provide information; there are between 163 and 200 blacks; it is a great opportunity for this group to earn $180 00 a week, if the trade offered to blacks without higher education. Contractors and unions have started to work together to institute this and it is not easy The contractor who bid on the Junior High, which was rejected, has an affirmative action program of sorts and he would like it. The Chairman said that you realize that the By-Law change would not be in effect if the Junior High School is successfully awarded; it would have no bearing until you get approval of the Attorney General You should take one step at a time Mr Michelman said he didn't think it was so much of a flying leap; Paragraph 1 of this By-Law does simply authorize the Town Boards to engage in negotiations; it is correct that the By-Law does not become effective until the Attorney General approves it. L _ In my judgement, Town Meeting will have voted it in these general terms to authorize these activities at the same time that it makes the appropriation for the High School; it will enhance the posi- tion withstanding any possible legal attack. We feel that it is the part of prudence with respect to the Junior High to bring it up as an amendment, to make it clear to all concerned, Town Counsel, Contractor, etc. , that the vote on this appropriation and the vote on the Junion High are two entirely different trans- actions. The Chairman said, we agree. This bothers us, the general language in the second Warrant Article, the language subject to the appropriation It is probably your intent if we go to court, the general language would get us into trouble. It is not going to have an effect this year and I would be reluctant to- go in and support this document you have here Mr Michelman said that he didn't think it would be difficult to re-write. The Chairman said that Town Meeting is on June 2nd Mr Michelman said that he could make the change now If exhi- bit A is voted, funds may not be spent that they are not entitled to or authorized; to be specific on the High School with general author- ization - continuing authorization with the most specific limitations. He said that he felt that the probability of- the safe watering would enhance it Mr Greeley said that you are saying there is no specific sta- tute authorizing for appropriating funds for the kind of thing in exhibit A and therefore, in order to remove some element of doubt if authorized, you would like a By-Law that it can adopt such a policy Mr Mabee said that we have to write our own legislation on home rule Mr Greeley asked, how do you take appropriate measures to dis- cover what? Mr Michelman said that this is where the work in Hemingway's office is significant; one can simply ask the contractor to submit a kind of report of what his activities have been in this area; if asked to fill in, you could run afoul of the anti-discrimination law because the statute does go against the prohibition requiring records. Mr Greeley asked who determines what measures are appropriate? Mr Michelman said, two principal legislative bodies, Board and School, would make their own rules Mr Greeley asked if it would not be open to a taxpayer's suit? Mr Michelman said that he would be very surprised. The ap- proach with State and Federal is only when the Federal Government has an enforcement agency to determine what they are doing There is no provision to set up an enforcement agency The Board of Se- lectmen and School to check this with respect to this kind of thing we have done We have found out what is being done by the Mayor's office, by work going on between black agencies and general con- tractors, and it is a considerable amount of work I have as- surance of a number of groups in the Roxbury area that they can help us if we have an action program; we can find responsible people and help them Such programs are being carried out with these agencies The Chairman asked why the Rte. 128 Express isn't working out? Mr Weinstein said that part of the group of electronic agencies recruit, supporting this bus This is the basic pur- pose of keeping the express bus I have read the statement put out by the Federal Reserve Bank and I think that putting out such statements is a fallacy The Employment Express helped 150 people, 25 per cent of them white, most of these people leave the Employment Express and get into car pools The problem of keep- ing it filled is assumed by groups on 128; they flow on as fast as they get off; it is not an. easy area; we feel there is a signifi- cant opportunity in the suburbs that does not exist in the city The Chairman said that it costs $10,000 a month to keep it going and there are two or three on the bus Mr Weinstein said that you are talking about the southern route; the northern route is much more successful The Chairman said that this is an expensive means to accom- plish an end; there is such a spread in the type of employment to all of these plants, I would think that the bus would be jammed You say that core city had tremendous amounts of people to help us out in the building trade Mr. Weinstein said that he never had said that there were tremendous amounts of people We are talking about training a small number of people. The percentage of increase you could achieve in the building trade in Lexington would be a 35 per cent increase; there are other groups in Town that stand ready to help The Chairman said that the Board questions proposal #2 on the basis of the language and not going to take effect for the contract for the Junior High; in essence, you will not be affect- ing any job Come back with an answer. It is our general feel- ing that #2 in the form it is presented, presents a lot of problems and would not gain any support at Town Meeting Mr Michelman suggested a simple language change and said that there is a possibility that the Commission would consider a language change in the Warrant Article relating to the pro- posed By-Law amendment He would change the seventh line of paragraph 1 to add specifically designated, crossing out for such purposes after to expend Town funds, specifically appro- priated for that purpose, and to substitute "therefor", to read "to expend Town funds therefor" He said that, in his judgment, it would be useful to have part 1 as the Town's enabling measure we are recommending for the Junior High; it would be well worth- while to have paragraph 1 without the rest of it, it can coher- ently stand by itself 277 The Chairman said that, before, it read that any part of the appropriation could be used for this use Mr Weinstein said that the question seems to be, why worry about the By-Law amendment now as it seems it will take time to be reviewed by the Attorney General He said that he would like to point out that if we wait until March, any other program would be in the same position The Chairman said that if there is an agreement on what the language should be, we hope to have a Fall Town Meeting; it would affect nothing but the By-Law as such Ordinarily, this would be a citizen's article if the Board didn't agree with you Mr Smith asked, concerning the example of $250,000 for a sewer, does it mean if you appropriate funds for a sewer, you may or may not propose to add funds? The Chairman said that Mr Michelman is making this very expli- cit; none of this money may be used except that which is specifically designated Mr Kenney asked what the thinking was regarding money in Arti- cle A Mr Bernier said that he was confused; he was under the assump- tion that people brought relevant thinking to the commission and would try further communication; he had tried to help support it as head of the task force This is a model for the State of Massachu- setts - if I put five blacks on and others do it, it is worthwhile employment; it might be eliminating riots and eliminate millions of dollars in welfare The Chairman said that regarding a model, if it works, fine; if not, you haven't accomplished a thing When we look at a proposal, we can't look at one side of the issue; it has an effect on the whole Town - what the overall results will be if we adopt it and go in a certain direction You are looking at one specific accomplishment We have to say, what is our mission - to build the high school or train five people We must come up with the best way to build the Junior High School and train at the same time; sometimes, you lose sight of the rest of the Town operation You might say we are short-sighted or not as enthusiastic as you. There is a question on how many of these provisions will be enforced in detail, how the agencies will work What we are interested in is resolving certain obstacles; two members express doubt of the legality on what is necessary; if nothing else is accomplished than a test article ... . .if everything were confined to the people sitting here, but other people disagree; when we make a decision, we have to take this into consideration; it doesn't say that everybody will accept this The language was discussed and the approval of the Attorney- General. Mr Legro said that the Attorney-General decides questions and it is a matter of going to him as it is; even if he approves the By-Law, it is just the first step; it is subject to test in court, our judicial court and, maybe, Washington. 278 Mrs Skov asked, don't we avoid that by separating the Articles? The Chairman said that he wasn't referring to the Junior High He may accept this but the other 33,000 people may not. Mr Kenney asked about the money for the Article Mr Greeley said that, originally, it was $20,000 but now it is $10,000; the Commission feels that anything less than that is too small to be meaningful ; we recommend an appropriation of $10,000 The Chairman said that there was no question on the money; if the Junior High is going along and the program is working and the money is used up and you ask for more, I am sure you would get it; the amount of money is secondary Mr Greeley said that the Commission is meeting on Thursday and he would ask that they discuss this and come back and say ' whether it wants to insist on the courtesy of putting in not only A but B or the inclusion of part of B The Chairman asked if it could be set up in such a way that it can be deleted? Mr Legro said that there are a number of changes; "employ- ees" used in many places and he couldn't conceive that they meant to authorize and require employees of the Town to have powers; what happens if they don't "jointly agree". "To take appropriate measures" isn't a matter to be determined by the Board of Selectmen these are the problems we try to elim- inate before Town Meeting Mr Michelman said that if the resolution were made to include only paragraph 1 , some of your problems would be taken care of Mr Greeley asked if it is clear to whom the Building Commit- tee is responsible Mr Mabee replied, to Town Meeting Mr Kenney said that, in an attempt to wind up, to ask members of the Commission if they agree if the Selectmen were to support A and B, including paragraph 1 ? The Chairman said that he would want to discuss it with the Town Counsel Mr Conroy said that we fully expect and hope that the By-Law will be challenged; this is another consideration for not asking for a sum of money; we should keep it in mind Mr Michelman said that it should insulate it against success- ful attacks Mr Graham suggested, if it would assure the Selectmen's will- ingness to see "A" be an Article and "B-1" an Article, he would recommend we go along The Chairman said that if Town Counsel feels it would not af- fect it ..As I interpret it, unless Town Meeting made a specific appropriation to a specific project, then the money would not apply If this is so, I would support it Mr Legro said that it can be made perfectly plain. On affect- ing a project, any project begins on Town Meeting floor and any time you argue appropriation, there must be some effect on it. The Chairman said that if this is the interpretation and this is the understanding, I will support it. It was agreed to insert Article A and Article B-1, deleting paragraphs 2, 3 and 4, as submitted by the Lexington Commission on Suburban Responsibility Mr Burke informed the Board that bids have been received on resurfacing the tennis courts. Boston Black Top Corporation was the lowest bidder at $3532 00, but Dennis Driscoll & Co. , Inc , 50 White Street, had an alternate bid on the Valley Road Courts; this bid was for $3,558 00, replacing pavement, $50.00 alternate Award for for Valley Road Courts, $288 00 - total of $3,896.00 He recom- Tennis mended that the bid be awarded to Dennis Driscoll & Company as Courts they have done other work in the Town and it has been very satis- factory. Upon motion duly made and seconded, it was voted to award the contract for resurfacing tennis courts to Dennis Driscoll & Company, Inc , in the amount of $3,896 00. Mr Burke informed the Board that bids have been received for curbing He recommended that the contract be awarded to Barretto Granite Corporation, Oak Street, Milford, New Hampshire, , for the bid of 9.. x 18., curb at $3 20 per foot,*curved at $4 50 Awaltd for per foot; 2" radius corners, $16 00 each, 3" radius corners, Curbing $30,00 each. ' Upon motion duly made and seconded, it was voted to award the contract for curbing to Barretto Granite Corporation, Mil- ford, New Hampshire Mr Burke said that he was approached last week by Perley F. Gilbert, who designed Temple Isaiah, who proposed erecting a new building on the other side of the easement, to be connected by a canopy which would be over the easement, Mr Burke said that we could agree, if we needed to get in there, to take down the canopy. The Chairman said that we should get an instrument to say Temple this Isaiah Mr Burke said that the area is now all black-topped, The Chairman said that we can prepare an instrument giving enough protection to us to allow them to do this Mr. Legro said that he didn't know if we would be exempt from liability The Chairman asked if we would be giving up part of our ease- ment Mr. Legro said that he thought we would The Chairman asked Mr Legro to give it some thought - if we can do it, we certainly want to Mr. Legro requested the Board to sign the contract for the interceptor sewer, force main and pumping station, awarded to P Gioioso & Gioioso & Sons in the amount of $125,050. Sons Upon motion duly made and seconded, it was voted to sign the contract awarded to P Gioioso & Sons, in the amount of $125,050 *6" x 18" Mr Gray informed the Board that he had written to the Air 111 Air Force Force regarding the leasing of the 14" force main for $4,000 a year and he has not heard from them. Upon motion duly made and seconded, it was voted to insert the following Articles in the Warrant for the Special Town Meet- ing, June 2, 1969 Town Office Building Articles Junior High School Building Two Articles submitted by the Suburban Responsibility Commission A and B1 Cemetery Commissioners' request for a building Douglass Property West Suburban Regional Refuse Committee Traffic Study - Planning Board Land Swap - Junior High School Upon motion duly made and seconded, it was voted that the Cons Article submitted by the Conservation Commission, which requested Comm that the Commission be increased from five to seven members, be withdrawn Mr Gray informed the Board that the Traffic Study Committee has reviewed the plan for the Center; this review concerned it- self only with the traffic problem He said that the latest traf- fic counts indicate that approximately 18,000 cars per day pass the intersection of Waltham Street and Massachusetts Avenue and Lexington approximately 3,000 pedestrians This traffic count indicates Center the need for three lanes of moving traffic in each direction at the intersection, to allow for turning movements Based on this, it is the recommendation that all projections within 200 feet of the intersection be removed and no new ones be constructed; no parking should be allowed within the above 200 feet. Several of the items used in arriving at the above recommendations are Slowing of traffic due to the difficulty to negotiate the backing movement into the parking bays; the parking bays are not functional; storage of snow from the street in the winter has become a problem in re- stricting traffic Mr Mabee moved to do it according to the plan originally recommended by the two committees; the Planning Board recommended leaving it as originally planned and the Center Committee also recommends this Mr Cataldo was recorded in opposition Upon motion duly made and seconded, it was voted to adjourn at 11 45 P.M. A true record, Attest Executive Clerk, Selectmen •