HomeMy WebLinkAbout1968-10-07-BOS-min 13
SELECTMEN'S MEETING
October 7, 1968
A regular meeting of the Board of Selectmen was held
in the Selectmen's Room Town Office Building, on Monday
evening, October 7, 1968 at 7:30 P.M. Chairman Cole, Messrs
Cataldo, Mabee, Kenney and Greeley were present. Mr. Legro,
Town Counsel, Mr. Gray, Executive Assistant, Mr. Burke,
Superintendent of Public Works, Mr. Wonham, Assistant Super-
intendent of Public Works, and Mrs. McCurdy, Executive Clerk,
were also present.
Mr. Gray requested the Board to sign a Chapter 90
agreement with the Commonwealth for the construction on the
widening of Lowell Street in the amount of $26,000. Chapter
Upon motion duly made and seconded, it was voted to 90
sign the Agreement between the Town of Lexington and the
Commmonwealth DPW for the widening of Lowell Street.
Mr. Gray informed the Board that the Engineering De-
partment requests a transfer of $2200 from the Reserve Fund.
Advertising fees for the Assistant Town Engineer and the
Senior Engineer were almost $500, charges for rental of
equipment exceeded the appropriation, miscellaneous account
was $540 and only $100 has been appropriated; in the past
the budget for two vehicles was $800 and is presently being
charged $225 a month for five vehicles. The Department had
four vehicles and was only charged for two. With the addi-
tional inspector, it is now charged for five vehicles, Transfer
three pick-up trucks, one carry-all truck and one sedan.
The Chairman asked if the Appropriation Committee is
aware of this request for a transfer.
Mr. Gray said that he had informed Mr. Perry about it
and also told him that we will be requesting a transfer next
week because of the Referendum and the Special Town Meeting.
Upon motion duly made and seconded, it was voted to
request the Appropriation Committee for a transfer to the
Engineering Department from the Reserve Fund in the amount
of $2200.
Mr. Gray informed the Board that a letter had been re-
ceived from Instrumentation Laboratory inviting the Board
to an open house on Saturday, October 26, from 2 to 5 P.M.
and also asked if there were any requirements to be met in Instru-
order to have it. mentation
Upon motion duly made and seconded, it was voted to Laboratory
write Instrumentation Laboratory and say that the Board had
no objection as long as a Police Officer is on duty at
Hartwell Avenue at the entrance to the Instrumentation Labor-
atory.
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Mr. Gray requested the Board to sign a license issued
to the Vocell Bus Company, Boston Road, Billerica. He said
that he had discussed the license with Mr. Legro and their
suggestion is that it be issued for a period of one year.
The DPU said that we may issue a permanent license, but
Vocell it is up to the Board. The bus stops are specified on the
Bus Co. license and they will be marked by signs made by our De-
partment of Public Works.
Upon motion duly made and seconded, it was voted to
issue a license to the Vocell Bus Company, Billerica, for
the transportation of passengers from Russell Street}
Woburn to East Street, Lexington to Lowell Street to the
Burlington Mall. Return trip on Lowell Street to Woburn
Street to Lexington-Woburn town line.
Mr. Gray said that the Traffic Safety Committee met
to discuss the parking situation in Lexington Center. The
recommendation is to have the parking hours 9:00 A.M. to
6:00 P.M. , six days a week, with the stipulation that it
be on a three months' trial basis; the hours are now 8:00
Parking A.M. to 6:00 P.M. and, on Fridays 8:00 A.M. to 9:00 P.M.
Meters Mr. Kenney asked about holiday regulations.
Mr. Gray said that it is the feeling of the Committee
that holidays are not excluded and the rule should not be
changed.
Upon motion duly made and seconded, it was voted that
the parking hours in Lexington Center are to be 9:00 A.M.
to 6:00 P.M. , six days a week, on a three month trial basis .
The Chairman read letter of resignation from Dog
Officer .Cazlson, effective October 14, 1968.
Dog Upon motion duly made and seconded, it was voted to
Officer accept the letter of resignation from Dog Officer Carlson,
effective October 14, 1968.
The Chairman said that on October 14, 1968, we will
not have a Dog Officer.
Appoint-
Upon motion duly made and seconded, it was voted to.
Mentpoint Francis Belcastro as Dog Officer, effective October
14, 19684 5-10-C, at an annual salary of 45967.QQ
Mr. Gray said that a copy of his duties will be sent
to Mr. Belcastro.
Upon motion duly made and seconded, it was voted to
Asst. Dog appoint Carl A. Carlson as Assistant Dog Officer, until
Officer such time as an orderly transition has been effected.
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The Chairman read a letter from the ABC regarding
the rules and regulations on Columbus Day, October 12,
1968. ABC
Upon motion duly made and seconded, it was voted to Columbus
accept the regulations set forth by the ABC that package Day
stores may open at 1:00 P.M. until 11:00 P.M. and motels
and restaurants may serve liquor on Columbus Day, October
12, 1968.
Mr. Gray informed the Board that the Public Works
Department had received sealed bids for rock salt from
the Chemical Corporation, S1+ Waltham Street, Springfield; Bids
Eastern Minerals, Inc., 130 Plain Street, Lowell; Inter-
national Salt Company, Clarks Summit, Pennsylvania. Each
company bid $14.98 a ton, and it is recommended that one-
third of the contract be awarded to each company.
Upon motion duly made and seconded, it was voted to
award one-third of the rock salt contract to the Chemical
Corporation, Eastern Minerals, Inc. and International
Salt Company in the amount of $14.98 a ton.
The Chairman read a letter from the Montessori School,
requesting permission to have Rex Trailer next May for a Montessori
fund raising performance on the High School football field. School
The letter was discussed and, because of the possibility
of Rex Trailer' s horse damaging the sod, it was agreed that
Mr. Gray is to talk with Mrs. Rosenberg of the Montessori
School.
Upon motion duly made and seconded, it was voted to Sidewalk
sign the sidewalk order for Tufts Road. Order
Upon motion duly made and seconded, it was voted to
approve the Minutes of the Special Selectmen' s Meetings Minutes
held on August 19 and August 21, 1968.
The Chairman informed the Board that a request had
been made by Mr. Stevens, Counsel for the Lexington
Liquor Mart, to approve the transfer of a liquor license Lexington
for the Lexington Liquor Mart from Lexington Center to an Liquor
addition to the First National Stores on Bedford Street. Mart
No one appeared in favor or in opposition. Transfer
Upon motion duly made and seconded, it was voted to
approve the transfer of a liquor license for the Lexington
Liquor Mart to an addition to the First National Stores .
Upon motion duly made and seconded, it was voted to
go into Executive Session for the purpose of discussing,
deliberating or voting on matters which, if made public,
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might adversely affect the public security, the financial
Executive interest of the Town, or the reputation of any person.
Session Following discussion of financial interest to the
Town, it was voted to resume the open meeting.
Mr. Kelley of the Minute Man Disposal Company met
with the Board.
The Chairman said that the Board had made a decision
to suspend the license of one of Mr. Kelley' s trucks to
use the dump and Mr. Kelley is here to plead his own case.
Mr. Kelley said that, because of an unfortunate inci-
dent, the penalty you gentlemen have given me has been
quite severe, it has cost me quite a bit of money in the
past two weeks. I am here to appeal it and hope to change
your decision. On the Wednesday before -Labor Day, a
fellow came up looking for a job. He told me he had just
moved up from Rhode Island and originally worked for City
Sanitary and was familiar with this type of operation. I
hired him; he was living in Waltham; I gave him the route
list and 20 for the dump fee. He reported back at 2:00
P.M. and told my wife that he had completed his day' s
work. He wanted $10 in advance and my wife advanced the
Minute $10. On Saturday he didn't show up. His address was
Man checked and City Sanitary had no record of him working
Disposal for them. The Tuesday after Labor Day the Police came
and wanted the name of the driver of the truck. I was
going to go down to the station but didn' t. Due to the
holiday I couldn' t go down, and after that, I forgot about
it. I received a letter from the Board that the permit
had been suspended for sixty days. It is the first time
that any contractor has been given one on the first vio-
lation. It is a severe penalty.
The Chairman said that the Police tried to get in
touch with you several times.
Mr. Kelley said that he went away.
Mr. Gray said that on September 13, they tried to
contact you; the violation happened on August 30, nobody
heard from you.
The Chairman asked if the Board had suspended any
other licenses.
Mr. Gray said that some had been suspended indefi-
nitely; on the first offense it has been done for an indefi-
nite period, some have been given back in thirty days, some
less than that. As I told the Board, Mr. Kelley contacted
me and I told him I would bring it up at the meeting, which
I did. I told him that he could not use the dump that
weekend. I received a report on Monday that an attempt was
made to use the truck. I called Mr. Kelley and he said
ry
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IIthat the truck had not been up on Saturday. I
checked it out and received a report from Mr. Wenham on
September 28, that the truck did go up there, his man did
go up there, perhaps without his knowledge.
Mr. Kelley said that he went away on Friday night,
I had to hire two men because I was so far behind in the
work. I left instruction to tell the driver to take the
Packer on which the permit had been suspended and do one
load and take it to the out-of-town dump, to come back
and finish up the overflow he would get with the open
truck and go to the dump. He got the story mixed up and
went to the dump.
Mr. Mabee asked if there were any violations prior
to this?
Mr. Gray said that there were none.
The Chairmansaid that during the period of revoca-
tion you have been going to another dump. What is the total
in fees that you have paid?
Mr. Kelley said that his fees are well up over $200.
Mr. Kenney asked, when the Police Department con-
tacted you, did they actually get in touch with you more
than once? You didn' t say that they specifically talked
with Mr. Kelley, was it someone at the- office?
Mr. Kelley said that the only time he was in contact
with the Police was the Tuesday after Labor Day.
Mr. Mabee said that there were phone calls.
Mr. Gray said, on September 13.
Mr. Mabee asked, you didn't get any?
Mr. Kelley said that one of the Police Officers came
to the house.
The Chairman asked if Mr. Kelley had anything else
to add.
Mr. Kelley said that it was very unfortunate; I am
trying to operate a business; for one mistake you gentle-
men are putting me out of business; I am operating a one-
man business and use part time help 2, 3, or 4 times a
week.
The Chairman said that he understood his problem but
Mr. Kelley understood the problems we have trying to run
a sanitary land fill; there has to be close supervision.
It will be up to this Board to reconsider any action they
have taken. 'nu will be informed.
Mr. Kelley said that, in all the years he has been in
this business, this is my first offense. I try to operate
a good business and I think the penalty is high.
The Chairman said that, while you admit you are re-
sponsible for the business, you did get a "fly-by-nighter";
if you had gone to the Police Station, it would have worked
out very well. I am sure that this Board will take up the
matter of reconsideration and will let you know the verdict.
Mr. Kelley retired at 8:30 P.M.
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Upon motion duly made and seconded, it was voted to
Executive go into Executive Session for the purpose of discussing,
Session deliberating or voting on matters which, if made public
might adversely affect the public security, the financial
interest of the Town, or the reputation of any person.
After interviews with applicants for the position
of Assistant Building Inspector, it was voted to resume
the open meeting.
The Recreation Committee met with the Board.
Mr. Bond informed the Board that the Committees had
met with Mr. Woodington of Kennecott Copper to talk of
leasing a piece of land at Munroe Road. With the lack
of a play lot in that area, there is a beautiful piece
of land there; he did not know if Kennecott Copper would
go along with the idea or not; if the Board of Selectmen
approve, the Recreation Committee would like to suggest
that area, to level it off.
The Chairman asked how much money was involved.
Mr. Bond replied that it was $3,000. I don't think
we should ask the Planning Board as they were talking of
five or ten years.
The Chairman asked if it would be another super-
vised playground.
Mr. Bond said that it would not be; there are two
Recreation unpurchased lots.
Committee The Chairman said that there was still a plan along
Hayden Avenue.
Mr. Greeley said that it was too indecisive, and
asked if two lots on Valleyfield were acquired, would that
be better?
Mr. Cataldo asked if Mr. Bond had a plan .showing the
two lots. He asked if the Recreation Committee initiated
this, or the Planning Board.
Mr. Greeley showed the Board the area on the Town
map. He said that the Planning Board and your long range
plan is to take the land.
Mr. Cataldo asked if we were going to buy that ).and.
Mr. Gray answered in the affirmative.
Mr. Greeley said that if we get the land on Valley-
field, wouldn't that be better?
Mr. Gray said that the money has been allocated by
Town Meeting for a number of years. Aside from that,
whether purchased or not, we will make the taking. He
asked if this parcel was agreeable.
Mr. Greeley said that we would spend on our own land;
it is a matter of our implementing it.
Mr. Bond said that the Planning Board seems to think
it is five years away.
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Mr. Gray said that we can make a taking within two or
three months.
The Chairman said that the money had been appropri-
ated, they agree that the land can be used for a playground.
This taking can be made; wouldn' t that be a better deal for
the Town than leasing the land?
Mr. Cataldo asked if the Kennecott land was zoned.
Mr. Gray said that it was zoned consistent with other
zoning. Kennecott Copper stands to gain as they have a
softball team. We only need an acre.
The Chairman asked what is holding up the Planning
Board? Under their jurisdiction, it seems to me if they
agree that the Valleyfield area is better than this, if
this can be done, to get them moving.
Mr. Greeley said that they think that the area in that
part of Town is being improved. Go to Town Meeting if ac-
quiring the lots; they will do it .
The Chairman said, if we can get them moving on Valley-
field.
Mr. Gray said that we should talk with the ewner and if
we cantt do anything make a quick taking.
Mr. Greeley said that there are, actually, two lots
there; only one is essential; it would be wise to purchase
one, and delay on the other.
Mr. Gray said that he would talk with Mr. Zaleski in
the morning.
Mr. Bond informed the Board that he would like to dis-
cuss the Reoreation Budget. He said that it would be
$23,000 for the Harrington School, $18,000 for two tennis
courts, and $5,000 to connect school land with the present
developed land. They had $3,000 for Kennecott and would
carry it over for Valleyfield Street; the total was $50,000.
$$,000 was for the Laconia School site.
Mr. Greeley asked what was going to be done there.,
Mr. Bond said that they were just going to level the
land. $1,000 was for a backstop; 18,000 for the Center. Rec.
Mr. Gallagher said that the $18, 000 is subject to Budget
amendment.
The Chairman asked if the Recreation Committee Board
is unanimous on the tennis courts.
Mr. Bond said that they would have to vote.
Mr. Hayes said that the original plans call for twelve
courts along the Science Building.
Mr. Cataldo said that the enclosed field is never mov-
ing; we don't want to let go of the land.
Mr. Mabee said that the best place for additional
tennis courts is next to where they are; they ought to be
all together.
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Mr. Cataldo asked if there was any money left in the
budget.
Mr. Bond said there was $1,000 on Hennessey.
Mr. Bertini said that, according to Mr. Perry, it wa■
$966.
Mr. Bond said that they had no thoughts on Lincoln
Street, maybe the Board bad; he didn't know where they
stood on the Reservoir, they have had no word on it.
Mr. Hayes said that $1,000 had been appropriated for
Hennessey years ago; then we find out there isn' t much we
can do there; the Estabrook School is there and they don' t
need a playground.
The Chairman said that for two years in a row, we
have bad a request to burn these fields . The grass gets
rather high and there was a bad fire there.
Mr. Cataldo s&id that Civil Defense burns them; we
will have a problem with bird-lovers.
Mr. Greeley said that he didn't think that it was any
more of a tinderbox than other areas in Town. He thought
that there were many good junipers in there.
Mr. Gray said that there have been calls to Public
Works to take care of it .
Mr. Cataldo said that they were not going to burn at
this time of year; the complaint is growth.
The Chairman said that he would like to answer the
letters the way the Board votes.
Mr. Cataldo said that the program for Town owned land
is either to burn them all or none; we are not going to filo
one at a time.
The Chairman said that he will answer the letter and
say that the Board will not burn it over because we do not
have the manpower.
Mr. Mabee mentioned the $1,000 for Hennessey.
Mr. Bond said that it was ludicrous to touch it, that
land is right near the Estabrook School.
The Chairman asked if we could use the $1,000 to burn
1t?
Mr. Bond answered in the affirmative.
Mr. Bertini said that you couldn't burn it for $1,000.
The Recreation Cotrarrittee retired.
Asst. Mr. McSweeney came into the meeting. He informed the
Town Board that he is to be on vacation and would be unable to
Engineer attend the Street Hearing on Lowell Street on October l6th.
Mr. McSweeney requested the Board to vote on the ap-
pointment of an Assistant Town Engineer.
Upon motion duly made and seconded, it was voted to
appoint Mr. Frederick J. McGarry as Assistant Town Engineer,
with a classification of 3-22-A, at an annual salary of
$9768, effective October 28, 1968.
Upon motion duly made and seconded, it was voted to
adjourn at 10:30 P.M.
A true record, Attest:
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Executive Clerk, Selectm /
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