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HomeMy WebLinkAbout1967-03-13-BOS-min 529 SELECTMEN'S MEETING March 13 , 1967 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, March 13, 1967, at 7:30 P M. Messrs. Cole, Burnell, Cataldo, Mabee and Kenney were present Mr Gray, Executive Assistant , Mr Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. The meeting was called to order by the Clerk who stated nominations were in order for nominating a Chair- man of the Board Mr. Lincoln P Cole, Jr was nominated and. the Organization nomination seconded. There were no other nominations Upon motion duly made and seconded , nominations were closed. Motion was duly made and seconded, to elect Mr. Lincoln P. Cole, Jr. , Chairman The Clerk cast one ballot and Mr. Lincoln P. Cole, Jr. was elected Chair- man of the Board for the ensuing year. Petition was received requesting the Board to take immediate action to restrain a dog owned by Joseph Dattoli, 101 Cliffe Avenue Mr. Harris Feierstein, 28 Lillian Road , said he would not like to come to the point where any injustice would Dattoli dog be done to the animal and that the people would be stis- fied seeing that a restraining order be set forth and that the dog be kept on a leash and let it be a watchdog in its own home Mr. Gray reported Officer Carlson tried several times to get a voluntary restraining order but has not had any success and his recommendation is that the Board of Select- men hold a hearing on restraining this dog Mr. Feierstein said he called. Mr. Dattoli the other day and he mentioned he was aware of a restraining order and knew it should be enforced Mr Dattoli toldhim he was not sure if it was for five, ten days or for the duration of the life of the dog. Mr. Feierstein said he has been told the restraining order is a permanent order. The dog was tied up for two weeks. Mr. Gray said he thought Officer Carlson was voluntartly looking for the cooperation of the owner. He has had no cooperation. The chairman asked if the Board had to hold a hearing. He said he thought the Dog Officer was trying to tell the Board he would like tohave a hearing 530 A motion to hold a hearing was made, but not seconded . The Chairman pointed out Town Meeting would be held for the next two Mondays . Mr Cataldo recommended that the Dog Officer issue a restraining order Mr. Gray stated that the Dog Officer does have the authority to issue a restraining order. Upon motion duly made and seconded, it was voted to "direct the Dog Officer to indefinitely restrain the dog" . Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Pole Company for location of one pole on Lowell Street location Mr. Dunn, representing the telephone company, and Mr. Pratt, representing the Boston Edison Company, were the only persons present for the hearing. Notices of the hearing were mailed to the peti- tioners, owners of the property as listed on the petitioners ' plans and also filed with the Superintendent of Public Works. Mr. Dunn explained this is for paper work only. It is an existing pole at this location and the telephone company would like to use it also It is a change from single to JO. No one present wishing to be recorded in favor or in opposition, the hearing was declared closed. Upon motion duly made and seconded , it was voted to grant the petition and sign the order for the follow- ing JO pole location: Lowell Street, southwesterly side, approximately 706 feet southeast of ,Woburn Street, -- One pole (An existing pole, no new pole to be set. ) At the request of the Town Clerk, one juror was Juror drawn Mr. David K . Barton, 6 Abbott Road , was drawn for jury duty Mr Gray reported receipt of a letter from Burt Nichols , 9 Tufts Road , in i @gard to Article 87 in the ' Warrant . This is the article referring to swimming pools and a1copy9of the; letter,,bas been mailed to Town Counsel and also to Mr. Robert Custance, Chairman of the Committee He said this is for the Board ' s information and thought it should be answered by Town Counsel. The Chairman said. the Board would hold the letter until it receives a reply from Town Counsel and Mr. Custance. He requested that copies of the letter be sent to each II member of the Board . 531 Mr. Gray submitted a bill, in the amount of $2,490.63, received from Mr. John Frey for landscape architectural ser- vices. He explained this is according to the agreement. Architect' i Upon motion duly made and seconded , it was voted bill - to approve the bill and authorize payment to Mr. John Center Frey in the amount of $2,! 90.63 Mr. Gray reported receipt of a request from the Lex- ington Lions Club for permission to operate a booth April 19 in front of the Trani store on Town land . It April 19 is proposed to locate the booth in front of the store booth leaving a reasonable distance to go by it. He explained the request is for what is now sidewalk. The Chairman stated he thought the Board should be careful of what land it makes available. Mr. Cataldo suggested that it be limited to an area and width, if the Board is going along with this. Mr. Mabee pointed out this area would be Town property next year also Mr. Burnell said he did not think this booth belonged in front of the store and if this is permitted in front of Tranits, he did not see how the Boardcould do anything different with anyone else coming in up and down the street. Mr. Gray was instructed to contact Mr. Reed, who filed the request on behalf of the Lions Club, and suggest strongly that they locate on private property Mr. Gray stated in going over the budgets , the Town Clerk made an error in the classification of one of her employees andit should be corrected It is a matter of 'down Clerk adding $325 to the Town Clerk' s budget . He reported Mr. Perry will take the subject up with the Appropriation Committee this evening. The Chairman said he was aware of it, and it is an error. Upon motion duly made and seconded , it was voted, to approve the change Mr Carroll said the Snow Removal budget request is $84,000. Up to this point , he is committed to $66,299.00 Snow including some items which he proposes to buy this year. removal It would leave about $18,000 to get through the rest of the year. He said if there are no storms between now and Town Meeting, it is a reasonable gamble. The Chairman said one storm in the fall would use this up, and if the proper amount of money is not appropri- ated., a transfer from the Reserve Fund would have to be made. in June. Mr. Gray said there is going to be a special meeting 532 n The Chairman asked Mr. Carroll by what amount he would want to increase the budget and Mr. Carroll replied $10,000, assuming there is no stom between now and Town Meeting. The Chairman said the Appropriation Committee has a legal meeting with the Board this evening and he would ask the Committee at that time what it thinks . Mr. Carroll said the overtime figure is requested at $5,000. Up to now he has spent $25,000, but he thought there was no problem. Mr. Carroll referred to Article 22 in the Warrant , Lowell Street - Chapter 90. He said it was discussed whether this section of road shouldbe four lanes or two lanes. The State has done some work and he has come to the conclusion it should be four lanes . He said nothing could be resolved at Town Meeting except to say the Appropri- ation should be enough to build the road four lanes wide but there will prcbably have to be a widening of the layout. The Town Meeting could lay it out at a subsequent time or the County could lay it out . He stated there may be a taking although he has not had anything definite, but it Lowell St . looks like a ten-foot taking. He said the road is carry- Chapter 90 ing about 700 cars an hour at peak more than it should, and by making the road four lanes, it would increase the capacity to 1,000 cars an hour. There will still be con- gestion but not as much as there is now. Mr. Burnell said he was concerned about the narrow front yards these people have now. Mr. Carroll said he did not think the Board had to make a decision this evening but he thought Town Meeting should be advised of what the problems are . He said he felt the roadshould be widened and the congestion should be re- duced He stated many people feel by making a road wider, it invites traffic, andto a certain extant, that is true. Mr. Carroll said his recommendation right now is that it be widened, but he would not make it final at this point. However, if the Board wanteda definite recommendation, he could give one. He said there is nothing in the darrant that says there is going to be a change in the layout. The Chairman said if Mr. Carroll did not need a decision from the Board this evening, he thought he should hold his recommendation. Mr. Cataldo explained Mr. Carroll is telling the Board that if someone asks the Board. at Town Meeting what its feeling is, the Boardshould be able to tell him, and if the Boardis going to come up with a position, it should be now. Mr Carroll said he would make his recommendation firm. 533 Mr. Cataldo said he felt it should be widened at that point unless one takes the attitude, leave the congestion. The Chairman said he wanted to be sure this problem is peculiar to that area. Mr. ca±iroll stated the problem is the fact the cycle of the lights cuts the flow of traffic. It was agreed to go to Town Meeting andstate the design has not been made Messrs. Parrish, Noyes , Gary, Blaisdell, Grant, Kolovson, Mrs . Souza of the Appropriation Committee , Mr Perry, Mr. Sherman, representing the Cemetery Com- Appropri- missioners , and Mr. Logan Clarke , Chairman of the School ation Com- Committee, met with the Board . mittee Mr Parrish said the legal meeting, which the Ap- budget propriation Committee is required to hold , was in order meeting but his Committee had no particular questions . The Chairman said there is not too much money left in the Snow Removal budget, and the Board likes to go into the fall months with at least $20,000. Mr Cataldo said the Board does not know if the season is over. The Chairman asked , assuming between now and Town ' Meeting, there is no storm, if the Appropriation Committee thought it wise to go along with $17,000. Mr. Parrish said they did not know if it was going to be $20,000, $1.0,000 or what , and a number around $20,000 seems to be an average of what theanount has been over the past five years, but he was willing to go to $25,000. The Chairman said if the Appropriation Committee was sure there is enough in the Reserve Fund , it would be there if needed., and it would not bother him if the budget was not increased He said if more money is needed, a request will be made for a transfer from the Reserve Fund. Mr. Mabee asked about the Recreation budget. Mr. Parrish replied his personal feeling is, the request is the type of thing he hopes would not be done this year . It is adding another person to the payroll. Mr Mabee said Mr. Parrish being opposed to the swim- ming pool and this goes together. Mr. Parrish said no; he felt the swimming pool was the most peatponable item, but the committee would discuss it some more . Mr. Mabee askedabout the committee ' s position on the Lloyd land. Mr. Parrish replied the committee wouldlike to stand where it is on that; indefinite postponement . Mr. Mabee ahked if the committee was in favor of the NQ Whipple Hill land, and Mr. Parrish replied in the affirma- tive. P Mr. Mabee said he felt the committee was in favor of the Lloyd land Mr. Parrish explained he had said if the Whipple Hill land was a new item coming up this year for the first time, they might vote d.iffeeently, but the fact the Town has voted to acquire this land several times persuaded the decision. He said where the Lloyd land is coming up for the first time, the committee felt it could be postponed. Mr. Mabee explained the Board understood that the owners of the land didnot care when it was sold, but now they would like to sell it to the Town in preference to anyone else, right away, and this has changed the Bbardts opinion. He said the Board thought it could be postponed, but now in deference to the owners and their strong wish that it be soldon its merits - -. He saidthey are giving the Town a good price and want to sell it to the Town. He said he would like to see the Boards buy it. Mr. Noyes said there should be some use of the land that the Town might put it to other than the owners want to sell it. Mr. Mabee said the Planning Board definitely wants it for recreatioh. The Chairman said this parcel can be divided into twenty-four house lots and evryone agrees it wouldbe better to have the land open. Mr Parrish said he thought Lloydwould rather have it open. He said if what the Board has stated in the past is true, it would seem to him that the Lloyds would be willing to sign an option Mr. Mabee said they would like the option to expire after this Town Meeting. Mr. Gray said they would sign an option for this Town Meeting. Mr. Gary suggested putting this under Conservation and the answer is , there might be some other use for this property. He saidfourteen acres is a large piece of land, for recreational use. Mr. Gray said the committee is talking about twenty-three acres on Whipple Hill. Mr Gary asked why the Recreation Department is directly responsible for this and askedwhat other uses the Board. might see for this land. Mr. Mabee said there is the possibility of Federal Aid. Mr. Gary said to ask the Town to pay $4,000 an acre for land earmarkedfor playground is too much. Mr. Cataldo said there is no comparison between the Llo'd land purchase price vs the Whipple Hill land. 53.x', Mr. Parrish said the Committee ' s feeling is some outside pressure has been put on to buy this piece of land, and the committee was told this article had been postponed. Mr. Mabee said once this is put in the warrant , it is a matter of public information and a lot of things begin to happen Mr. Parrish asked what the Assessors ' feeling was on the assessed value being used in the committee' s report. Mr Grush replied the Assessors do not have a final figure as yet but he thought they would look a little more rosily on it --half a million. He said the com- mittee is not very far from the mark as far as the As- sessors can project this early. Mr. Parrish asked when the Town might have to go to reassessment again Mr. Grush replied there should be a new professional revaluation by 1972. The work should be done during 1970-71. Mr. Mabee saidhe would like the committee to go back and think in terms of Whipple Hill vs the Lloyd land and take another look at it Mr. Parrish asked if the Board had an appraisal on Whipple Hill. Mr. Gray repliedthere would be one made/ Mr Mabee said he did not know what these people would do after Town Meeting; they will sign an option tomorrow for $55,000. They want the Town to have the land and he thought it is an opportunity far better for the overall interest of the Town than other pieces being discussed and he wouldturn down others in preference to this. Mr Parrish asked why the Boardput the article in the warrant with the feeling it did not have to be purchased at this time . Mr. Mabee said the Board thottt in the beginning it wouldgo ahead with this, and the Lloyds originally gave the Board the distinct feeling they did not want to go ahead with this. They even said two or three years. The change occurred after the warrant was printed. He explained the Lloyds called him last October and asked if the Town would be interested in acquiring the land and the Board said it would He and Mr. Gray were appointed by the Board to negotiate and the feeling was they would sell it to the Town this year, next year or any time . The Boardthought it was a good postponable article in regard to the tax rate, but since then it has changed. Mr. Cataldo explained the Board was considering W 536 the Lloydproperty and talking about it at the same time the Planning Board wanted an article in the warrant to negotiatedwith Lloyd. Mr Noyes asked if the Board was going to oppose Article 78 The Chairman polled the B-)ard . Mr . Burnell preferred. the Lloydland over Whipple Hill. Mr. Cataldo said if the Whipple Hill land could not be purchased for $500 or $600 an acre; he was opposed to the purchase. Mr. Kenney said he wouldgo for both of them. Mr. Cataldo said he definitely opposed the amount of money in the article . The Chairman said he would await a motion to act on Whipple Hill . Motion was made and seconded to oppose the purchase of the Whipple Hill land Messrs . Burnell and Kenney were recorded in favor of the purchase . The Chairman said he would entertain a motion on the Lloyd land . Upon motion duly made and seconded , it was unani- mously voted to take the position of being in favor of the purchase of the Lloyd land . The joint meeting concluded at 9 :00 F.M. Mrs Morey, Mr Ripley, Mr Gary, Mr. Noyes, et als, of the Lexington Historical Society, met with the Board . Mrs. Morey sail their question is "where do we go from here" . She said the piece in the Minute-man was a little upsetting. She asked if anything came of th Board ' s discussion with Mr. Legro as to what should be the proper procedure. She said the group was familiar with the terms of the 1913-.4agreement . Mr. Gary said it is town-owned property and the society is anxious to get done what needs to be done. It is a dangerous coOdition and the Society must look to the Board for some guidance. The Chairman stated his thought was the money could be put in Article 4. In talking with Town Counsel, the Board was advised legislation is necessary and this would mean an article accepting legislation that was passed . The proper procedure is to get an Act into the legislature and then come back to a June Town Meeting for acceptance of this legislation. Mr. Noyes asked , assuming it is passed and goes to Town Meeting, would the Board award the contract and super- vise the work. 537 The Chairman said he did not see how the Society could open the building to the public until the work is done. Mrs. Morey said Mr Mutrhead feels there could be shoring in the areas of danger bo there would be no danger to people coming in during the season. The Chairman said , temporarily, it can be made safe to be opened to the public. Mrs. Morey said it can be open April 19. Mr. Noyes said he was not sure of that . They were not sure this was the best move to make under the circum- stances. The Chairman said if this is an emergency, the Selectmen cannot contract because they have no money. Mr. Cataldo said the society could do the negotiab- sing but legally, the Board would have to contract. Mr. Noyes said nothing should be done until after that Town Meeting. Mr. Cataldo agreed this would be the most ethical way to handle the matter, and Mr. Noyes agreed with him. The Chairman said he thought they would be on safe ground if the Selectmen did the contracting. Mr. Mabee said he did not think there was any choice . The Chairman asked for a definite figure, and Mr. Gary said the lowest of three bids was $22,180, plus a figure of not more than $500 for electrical work to be added . The highest bid was $3200 more. Mr Mabee asked if the Society was satisfied with the low bidder, and Mr. Gary replied in the affirmative but stated he is non-union. The Chairman asked if Buckman Tavern could be opened . Mrs. Morey replied she was given to understand -- . Mr. Gary said they can, in all probability, have the Tavern open April 19 if it goes ahead with some temporary shoring work and there will be no undue hazard to the public. The Chairman asked, if the Society could do that , why not prodeed, and he would file late legislation and the Board would insert an article in the warrant for the June Town Meeting. Mr. Cataldo suggested that the Superintendent of Public Works might be able to help Mr. Muirhead in the shoring work. The group retired at 9:15 P.M. Further consideration was given to an offer of $600 for lot 96-199 Round Hill Road , received from Richard E. Filipowski and Byron Blanchard. Mr. Carroll reported, in his opinion, a building permit could not be issued on this lot today. There are 538 3C no utilities in the street and there is no need for the Town to use the lot in the future Upon motion duly made and seconded, it was voted to sell and convey tax title lot 96-199 Round Hill Road to Richard E. and Patricia P. Filipowski and Mr and Mrs . Byron Blanchard for a total of $600 .00, said lot to be divided between the twoabutters and combined lot to be- come a part of their present lots . Upon motion duly made and seconded, it was voted to grant petition of the Boston Edison Company and the Bole New England Telephone and Telegraph Company for permission location to locate one pole on Lowell Street, southwesterly side, approximately 706 feet southeat of Woburn Street. (This is an existing pole, no new poles to be set. ) Letter from Mr. Franklyn Crosby, 5 Piper Road, re- Accident porting an accident caused by a fall on the flagstone walk at the post office, was referred to Town Counsel. Letter was received from the Planing Board re- Emerson Rd . commending payment of $9,686.30 to the Emerson Gardens payment Realty Corp. for the extra work in the construction of Emerson Road. Letter was received from the School Committee ask- ing for a copy of the Traffic Study Committee report Adams School on the request of the proponents of Article 91 in regard fence to a fence at the foot of the railroad embankment behind the Adams School. The Chairman asked Mr Gray to see that Dr. Fobert has a copy of the report in the morning. Letter was received from Chief Corr asking for a transfer of $271.28 to his expenses account; one of his cruisers having been involved in a high-speed chase of Transfer a stolen motor vehicle. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $271.28 from the Reserve Fund to the Police De- partment Expenses Account . Mr. Gray discussed insurance coverage on police cruisers and recommended covering the four cruisers and Insurance the fifth marked cruisers. Upon motion duly made and seconded, it was voted to cover the marked cruisers with $100.00 deductible insurance. 539 Letter was received from Mr. Burrell, Director of Civil Defense, in regard to the item of $275 - Out of C.D. Out State Travel - disapproved in his 1967 budget of State Upon motion duly made and seconded , it was voted Travel to approve the amount of $275 on the basis of it being personal Out of State Travel for the Director Letter was received from the Board of Health re- ferring to Article 92 in the Warrant relative to air Air pollu- pollution. The Board of Health has agreed to adopt a tion Set of rules to be added to the present Health Rules and Regulations to help govern the matter of air pollution. Letter was received from the Town Celebrations Committee inviting the Board to participate in the ob- Invitation servance of Patriotrs Day, April 19. Upon motion duly made and seconded, it was voted to approve Surety Bond Nol 89-81-91 in the amount of Bond $3,000.00 on behalf of Constable John J Shine, Jr Upon motion duly made and seconded, it was voted to authroize the Chairman to sign a declaration for Coffee Day March 214. as Coffee Day for Crippled Children. Upon motion duly made and seconded , it was voted to appoint Mr Allan F. Kenney to represent the Board LVNA on theLVNA Board of Directors Upon motion duly made and seconded , it was voted to grant the Lexington Council of Churches permission Common to use the Common on March 211 , 1967, from 6 :30 A.M. until 7:00 A M for an Ester Sunrise Service. Report was received from the Planning Board on Articles 31, 57, 61 , 63 , 65, 66 , 75 and 76 of the Warrant for the Annual Town Meeting Mr. Mabee said any Board of the Town wanting to acquire land should have a clearing Agent. Land Mr. Cataldo said he would disagree with every acquisition Board negotiating for land; the final purchase is made by the Board of Selectmen. He said if the Planning Board wants a parcel of land , fine, but it should come to the Board of Selectmen first. Mr. Mabee suggested a meeting with those people in Town, whoever they are, who are empowered to negotiate, for the purpose of establishing rules and regulations to be followed . I • 540 ar cn Application was received from Joseph Beaudette, Meadow- brook Road , Lincoln, requesting permission, on behalf of Use of the John Birch Society, to show a civil rights film in hall Cary Hall on April 7, 1967. Mr. Gray was requested to find out whether or not the Society, as such, is a registered Chapter in Town. Upon motion duly made and seconded , it was voted to make the following Annual Appointments: APPOINTMENTS (Terms expiring March 31, unless otherwise noted) Building Inspector Donald K Irwin Director of Civil Defense Arthur E Burrell Director of Veterans' Benefits & Services Bernard J. Belcastro,Jr. Executive Assistant, Selectmen Albert Gray, Jr. Executive Clerk, Selectmen Hazel J Murray Fence Viewers Rev. Harold T. Handley Appointments John J. Garrity Field Drivers James F. Corr Insect Pest Control (Within 10 days after organization of Board) Paul E. Mazerall Lockup Keeper James F. Corr Park Department Superintendent Paul E Mazerall Public Works Superintendent John J Carroll Public Works Assistant Supertntendent Guy V. Colella Registrar of Voters (Three-year term) Timothy Sullivan Sealer of Weights & Measures Ralph E Chadwick Town Counsel Donald E. Legro Town Engineer John J. Carroll Town Engineer, Assistant Robert L. Higgins Tree Warden Paul E. Mazerall Veterans ' Graves Officer Bernard J. Belcastro, Jr Wire Inspector Robert K. Jeremiah Upon motion duly made and seconded , it was voted Minutes to approve the minutes of the meeting held on March 6, 1967. Board of The Chairman agreed to contact the Chairman of the Appeals Board of Appeals for suggestions for an Associate Member. Selectmen' s 1pon motion duly made and seconded, it was voted Meeting to meet next Monday, March 20, 1967, at 7:00 P.M. 1 541 Upon motion duly made and seconded, it was voted that funds to be appropriated under Article 1I of the Article warrant for the Annual Town Meeting be provided by the funds current tax levy. With reference to Article 73 of the Warrant , pro- viding for a permanent building committee, the Board Committee was in favor of the appointing authority consisting of the Moderator, Chairman of the Board of Selectmen and Chairman of the School Committee. Upon motion duly made and seconded , it was voted to go into Executive Session for the purpose of dis- cussing, deliberating or voting on matter which, if made Executive public, might adversely affect the public security, the Session financial interest of the Town or the reputation of any person. Following discussion with Mr. Grush, Chairman of the Board of Assessors , pertaining to matters relative to that Board , it was voted to resume the open meeting. At 11:30 F.M. , the Appropriation Committee returned to the meeting The Chairman explained the opinion of a majority of the Board in regard to bonding and stated that a majority of the Board feels funds should be raised in the current tax levy under Article 14 of the Warrant . In regard to the purchase of the Lloyd property, Mr. Parrish recommended that the Board go to the Lloyd with a reasonable option request . Following discussion pertinent to various items to be presented to Town Meeting, the Appropriation Committee retired . Upon motion duly made and seconded, it was voted to adjourn at 12:15 P M. A true record , Attest : , / / 417 eci*ive Clerk, Selec en