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SELECTMEN'S MEETING
November 13, 1967
A regular meeting of the Board of Selectmen was held
in the Selectmen ' s Room, Town Office Building, on Monday
evening, November 13, 1967, at 7:30 P.M. Chairman Cole ,
Messrs. Cataldo, Mabee and Kenney were present. Mr. Gray,
Executive Assostant , and Acting Superintendent of Public
Works, Mr. Wenham, Assistant Superintendent of Public
Works, and Mrs. McCausland, Executive Clerk, were also
present.
At 7:30 P.M. , hearing was declared open upon the
petition of the Boston Edison Company for permission
to locate two poles on Waltham Street. Notices of the
hearing were sent to the petitioner, owners of property
as listed on the petitioner' s plan and also filed with
the Superintendent of Public Works.
Pole Mr Stickney, representing the Boston Edison Com-
locations pany, stated this is due to the reconstruction of Route 2.
No one appearing in favor or in opposition, the
hearing was declared closed .
Upon motion duly made and seconded, it was voted to
sign the order and grant the petition for the following
pole locations, both having been approved by Mr. Gray,
Acting Superintendent of Public Works :
Waltham Street, easterly side, approximately 16 feet
north of Cambridge-Concord Highway, --
One (1) pole.
Waltham Street, easterly side, approximately 14 feet
south of Cambridge-Concord Highway, --
One (1) pole .
Mr. Gary, Chairman of the Buckman Tavern Recon-
struction Committee, met with the Board relative to the
Buckman bids taken on November 9, 1967 for Beetle and Termite
Tavern Control.
bids Mr. Gary stated the consultant for the Buckman
Tavern has been in touch with the three low bidders,
and recommends that the contract be awarded to the low
bidder, Daniel J. McCarthy, 373 Park Street, West Rox-
bury, Mass . , at the bid price of $22,300.00, conditioned
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upon the company using sub-contract3rs approved by the
consultant and said due to the nature of the work, the
consultant has gone to some length to get comparable
jobs and extra observation done trying to arrive at
some understanding what bidder to use. He said McCarthy
has expressed his willingness to meet these conditions.
Mr. Cataldo stated in most jobs, they have used
subcontractors, but here we just had one general bid .
Mr Kenney asked if there was any change in price
of the contract, and the reply was in the negative.
Mr. Cataldo moved that the contract for the Buck-
man Tavern Reconstruction be awarded to Daniel J McCar-
thy Construction Company of West Roxbury.
Mr. Gray stated he had a letter from Mr. Legro Agreement &
with regard to the Bedford Street-Winter Street sewer, release of
which he read to the Board . He said this is relative damages
to the easements for the sewer and Mr. Legro had to Sewer
wait to release from the Boston Edison Company. easements
Upon motion duly made and seconded , it was voted
to execute the instrument as prepared by Mr. Legro
Mr Gray stated he had the Traffic Rules and Regu-
lations for the Board ' s approval. He stated Mr. Burnell Traffic
had called and recommended that they be accepted. Rules &
Upon motion duly made and seconded, it was voted Regulations
that the Traffic Rules and Regulations of the Town of
Lexington be adopted .
Letters were received from the Mystic Valley
Mental Health Association, Inc . and Mr. Abkowitz
Temple Emunah, listing the names of ten churches in
Lexington, relative to the snow removal policy of
the Town, and requesting that it be reconsidered and
that plowing of the driveways and parking areas be
continued. Snow
The Chairman read the letters to the Board . plowing
Mr. Kenney stated he did not see any reason to
change from the policy of last spring.
The Chairman said the Churches were all notified
on April 21, 1967 that the Town would discontinue the
plowing , and asked if anyone wished to reconsider the
matter.
It was the consensus of the Board that the policy
should stand , and they would be so advised .
The Chairman read a letter from Chief James F.
Corr relative to the resignation of Philip P Spen- Resignation
cer, Jr. , a patrolman in the Police Department,
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effective November 23, 1967.
Upon motion duly made and seconded, it was voted
to accept the resignation of Philip P. Spencer, Jr.
Mr. Cataldo asked if the Board could request a
list from Civil Service at this time, that there are
two vacancies .
Letter was received from Larchmont Engineering,
relative to the Great Meadows, which the Chairman
read to the Board . Mr. Tropeano suggested in his
letter that the Board meet with Robert Trent Jones,
the architect who built the Corpus Christi golf
course, when he was in this area, and get his ideas
to do something useful with the location.
The Chairman stated that the work that was assigned
to the committee has not been finished, that the problem
Great is with the two Boards of Selectmen.
Meadows Mr. Cataldo felt it would be a bit premature to
meet with Mr. Jones at this time .
The Chairman stated he would write Mr. Tropeano and
thank him for his letter, but due to the flexibility of
the program, it would not be advisable to meet with Mr.
Jones at the present time.
The Chairman read a letter from Manfred P. Friedman,
176 Grove Street, submitting his name for consideration
by the Board of Selectmen for the position on the Con-
servation Commission caused by Mr. Peckhamts resignation.
Conserva- The Chairman said this vacancy has to be replaced,
tion and asked if any member of the Board knew Mr. Friedman.
Committee Mr Cataldo said his name would be considered with
other nominees and suggested he send a resume
The Chairman asked Mr Gray to get in touch with him
Letter was received from IBM relative to electronic
voting.
The Chairman said this was tried out in Newton and
the Mayor was rather furious with the problems en-
countered; the votes were gotten out later with this
type voting.
Mr. Kenney asked if the Town still had the regular
voting machines, and Mr. Gray replied that the Town has
IBM quite an investment, and has had no difficulty in getting
electronic the results very rapidly
voting The Chairman asked if the Board would like him to
write and tell him it was not the propitious moment to
consider voting at this time.
Mr Gray asked what type would he recommend, and
29t e
upon the company using sub-contractors approved by the
consultant and said due to the nature of the work, the
consultant has gone to some length to get comparable
jobs and extra observation done trying to arrive at
some understanding what bidder to use. He said McCarthy
has expressed his willingness to meet these conditions.
Mr. Cataldo stated in most jobs, they have used
subcontractors, but here we just had one general bid .
Mr. Kenney asked if there was any change in price
of the contract, and the reply was in the negative
Mr. Cataldo moved that the contract for the Buck-
man Tavern Reconstruction be awarded to Daniel J McCar-
thy Construction Company of West Roxbury.
Mr. Gray stated he had a letter from Mr. Legro Agreement &
with regard to the Bedford Street-Winter Street sewer, release of
which he read to the Board . He said this is relative damages
to the easements for the sewer and Mr. Legro had to Sewer
wait to release from the Boston Edison Company. easements
Upon motion duly made and seconded, it was voted
to execute the instrument as prepared by Mr. Legro .
Mr. Gray stated he had the Traffic Rules and Regu-
lations for the Board ' s approval. He stated Mr. Burnell Traffic
had called and recommended that they be accepted . Rules &
Upon motion duly made and seconded, it was voted Regulations
that the Traffic Rules and Regulations of the Town of
Lexington be adopted .
Letters were received from the Mystic Valley
Mental Health Association, Inc . and Mr. Abkowitz,
Temple Emunah, listing the names of ten churches in
Lexington, relative to the snow removal policy of
the Town, and requesting that it be reconsidered and
that plowing of the driveways and parking areas be
continued. Snow
The Chairman read the letters to the Board . plowing
Mr. Kenney stated he did not see any reason to
change from the policy of last spring.
The Chairman said the Churches were all notified
on April 21, 1967 that the Town would discontinue the
plowing , and asked if anyone wished to reconsider the
matter.
It was the consensus of the Board that the policy
should stand , and they would be so advised .
The Chairman read a letter from Chief James F.
Corr relative to the resignation of Philip P Spen- Resignation
cer, Jr. , a patrolman in the Police Department,
234
effective November 23, 1967.
Upon motion duly made and seconded , it was voted
to accept the resignation of Philip P. Spencer, Jr.
Mr. Cataldo asked if the Board could request a
list from Civil Service at this time, that there are
two vacancies.
Letter was received from Larchmont Engineering,
relative to the Great Meadows, which the Chairman
read to the Board . Mr. Tropeano suggested in his
letter that the Board meet with Robert Trent Jones,
the architect who built the Corpus Christi golf
course, when he was in this area, and get his ideas
to do something useful with the location.
The Chairman stated that the work that was assigned
to the committee has not been finished, that the problem
Great is with the two Boards of Selectmen.
Meadows Mr. Cataldo felt it would be a bit premature to
meet with Mr. Jones at this time .
The Chairman stated he would write Mr. Tropeano and
thank him for his letter, but due to the flexibility of
the program, it would not be advisable to meet with Mr.
Jones at the present time.
The Chairman read a letter from Manfred P Friedman,
176 Grove Street, submitting his name for consideration
by the Board of Selectmen for the position on the Con-
servation Commission caused by Mr. Peckham' s resignation.
Conserva- The Chairman said this vacancy has to be replaced,
tion and asked if any member of the Board knew Mr. Friedman.
Committee Mr. Cataldo said his name would be considered with
other nominees and suggested he send a resume
The Chairman asked Mr. Gray to get in touch with him.
Letter was received from IBM relative to electronic
voting.
The Chairman said this was tried out in Newton and
the Mayor was rather furious with the problems en-
countered; the votes were gotten out later with this
type voting.
Mr. Kenney asked if the Town still had the regular
voting machines, and Mr. Gray replied that the Town has
IBM quite an investment, and has had no difficulty in getting
electronic the results very rapidly.
voting The Chairman asked if the Board would like him to
write and tell him it was not the propitious moment to
consider voting at this time.
Mr. Gray asked what type would he recommend , and
1
235
Mr. Cataldo suggested that he talk with Miss McDonough
and if it can be improved, especially with regard to
absentee ballots, it would be something to talk about ;
to see if there is any merit to it that she can bring
to the Board . He said there are a great many absentee
ballots.
It was the consensus of the Board that this be
referred to the Town Clerk.
Upon motion duly made and seconded, it was voted
to sign Certificate of Incorporation on behalf of Cert . of
Leon A. Burke, Jr. , 5 Francis Road, Lexington, satis- Inc
factory character references having been received from
the Chief of Police.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen' s Meeting Minutes
held on November 6, 1967.
Dr. Tryon, 102 Pleasant Street, met with the
Board
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
made public, might adversely affect the public security,
the financial interest of the Town, or the reputation
of any person.
Following discussion with reference to potential
litigation, it was voted to resume the open meeting.
The Chairman stated he had a request from Mr.
Outhet for permission to move a building, a garrison
colonial, from 34 Haywood Avenue to Conastoga Road , Permit
and asked Mr. Gray if this would be checked out.
Mr. Gray stated Mr. Outhet has taken it over
this route before, and he could not see any problems,
but he would check.
Upon motion duly made and seconded, it was voted
to grant permission to Mr Ernest Outhet to move a
house from 34 Haywood Avenue to Conastoga Road, subject
to the approval of the Superintendent of Public Works
and the Chief of Police.
The Chairman read a letter from William Rae of
the Great Meadows Committee , in which he enclosed Great
bills in the amount of $46.61 which were incurred Meadows'
and paid for by members of the committee . Committee
Upon motion duly made and seconded , it was voted bills
to pay bills amounting to $46.61 from the Selectmen' s
Expenses Account
Mrs . Gerald Tabeling, 86 Adams Street, met with
the Board , relative to the guard rail on Adams Street.
Mrs. Tabeling gave each member of the Board a
plan which she said would enable her to explain what
she was trying to say; that she was not here to ask
that the rail be taken down. She said she would like
to ask who gave the authority for a portion of it to
be taken down. She said about three weeks ago, a
portion large enough for a car to get through was
taken out, which surprised the whole neighborhood .
They found out that Streeter Stuart wanted it taken
down in order for him to transport fertilizer to his
garden which is on a dirt road . She stated she had
come down to the Engineer' s Office to check and found
out that Bayliss owns 115 feet and Streeter Stuart owns
LO feet to the edge of her land and the Town opened the
guard rail in front of Bayliss' property for his use.
The Chairman said in installing the guard rail,
spaces were left open for any entrances along the way
for all the pieces of property, in light of this.
Mr. Gray stated it was the Public Works Depart-
ment that was at fault, that Mr. Stuart wanted to get
Adams into his property; that he had gone up and looked at
Street it , and it was his fault for not checking. Mr. Stuart
Guard said it was his property. Mr. Wenham said Mr. Stuart
Rail had talked with Mr . Bayliss and the line was close and
it was all right , he even called to see if the Public
Works had put the chain there, that nobody could get
through .
Mrs. Tabeling said specifically, it was so he could
not get through, that he has never asked if he could use
their roadway ever, and she couldn't understand why it
was not checked to see whose land it was.
Mr. Kenney said Mr. Bayliss had called him
The Chairman said Mr. Stuart had requested it and
it was a mistake.
Mr. Cataldo said it was by a misinterpretation,
that they took Mr. Stuart at his word, knowing who he
was, and Stuart said he had permission to use this
road
Mr. Kenney said Bayliss could have the rail back
if he wishes it . He said Adams Street would be recon-
structed, at which time the whole guard rail can come
down.
Mrs. Tabeling said it would probably stay there.
The Chairman said no definite time could be given,
but it should be corrected .
Mrs Tabeling said in the future, she felt there
should be a check made A bit more closely, and she
thanked the Board for their consideration.
237
The Chairman mentioned the appointment for Mr.
Mooney, Port Authority, and said there must be some Mr.Mooney
misunderstanding as he has not come to the meeting.
The Chairman read a letter from the Commonwealth
of Massachusetts, Aeronautics Commission, relative
to Chapter 709, Acts of 1967, with regard to restric-
tions relative to runways at the Boston-Bedford Air-
port He stated basically this law does something to Chapter
the approaches to Hanscom Field and is in the interest 709
of all ditizens in the vicinity of Lexington.
Mr. Gray said Lexington is protected , the only
problem being the trees
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, it
made public , might adversely affect the public secur-
ity, the financial interest of the Town or the reputa-
tion of any person.
Following discussion regarding committees and
appointments, it was voted to resume the open meeting
Mr. Cataldo referred to the position of Town
Treasurer, and felt the Board should reconsider the
acceptance of the Town Treasurer' s resignation in
the Board ' s meeting of October 16, 1967, the effective
date of November 16, 1967, and rescind that vote and
accept the resignation as of November 30, 1967. Resignation
Upon motion duly made and seconded , it was voted
to rescind the vote of October 16 , 1967, accepting the
resignation of the Town Treasurer as of November 16,
1967.
Upon motion duly made and seconded , it was voted
to accept the resignation of the Town Treasurer, the
effective date as of November 30, 1967
Mr. Cataldo stated he would like to nominate Mr.
Paul G. Yewell, Town Treasurer, effective date of
December 1, 1967.
Upon motion duly made and seconded, it was voted Appoint-
to appoint Mr. Paul G. Yewell, Town Treasurer in the ment
Town of Lexington, to fill an unexpired term ending
March 31, 1967, effective December 1, 1967
The Chairman asked if the Committee was looking Town Office
into the space problem for the Treasurer Bldg. Space
Mr. Cataldo said the committee has not been
asked to do this, and asked the best way to implement
the changeover
238 co
Mr. Mabee asked if the committee had something in
mind, and Mr. Cataldo replied they did have a couple
of things in mind , but would like to think about it in
the overall moves, i e. , Board of Appeals and Planning
Board are asking to have some changes; part of the
Treasurer' s Office will be going upstairs in the Ac-
countant ' s Office; the Town Engineer' s Office will be
separated, and he would, like to come back later with
the recommendations along that line. He said there
was a vacancy on the committee. He said Mr. Chapin
had resigned , and the Capital Expenditures had been
asked if they had anyone they wished to suggest, but
no one wished to serve, and the Town Office Building
Committee recommends a member of the Permanent Build-
ing Committee be appointed to replace him. He would
like to nominate Mark Moore, Jr. to replace Mr. Chapin.
Appoint- Upon motion duly made and seconded, it was voted
ment to appoint Mark Moore, Jr. , a member of the Town Office
Building Committee to fill the vacancy caused by the
resignation of Mr Hugh Chapin
The Chairman stated the committee would be charged
with the
space problem.
P
Mr. Cataldo referred to the Lincoln Street dump
Lincoln and said they had moved out, that Wednesday was the
Street & last day. He stated the Middlesex Extension Service
Hartwell representative was out to Hartwell Avenue land fill
Avenue and said they were doing very well, and will advise
them how to approach the Lincoln Street dump; he
would come back in two weeks
Upon motion duly made and seconded , it was voted
to adjourn at 9:20 P.M.
A true record, Attest:
2 -S)
X�ey ecutive Clerk, Selectmen
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