HomeMy WebLinkAbout1967-01-16-BOS-min 427
SELECTMEN'S MEETING
January 16, 1967
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building, on
Monday, January 16, 1967, at 7 30 P.M. Chairman Cole,
Messrs. Burnell, Cataldo, Sheldon and Mabee were present.
Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant,
Mr. Carroll, Superintendent of Public Works, and Miss
Murray, Executive Clerk, were also present.
At the request of the Town Clerk, one juror was
drawn: John H. Dyer, 24 Oakland Street, Lexington. Juror
Messrs. Blaisdell, Gary, Zehner, Kenney, Kolovson
and Mrs. Souza, of the Appropriation Committee, met with
the Board. Mr. Perry, Comptroller, was also present.
Mr. Blaisdell acted as Chairman in the absence of Mr.
Parrish.
The Chairman explained the reason the Board had
asked the Committee to meet with it was because the Kinder-
Board had unanimously requested the School Committee gartens
to put an article in the warrant for kindergartens.
He stated the Selectmen did feel the primary issue was
that at least the Town Meeting have a right to say
something about it They did not accede to the Board' s
request and it would like to discuss with the Appropri-
ation Committee whether or not the Board should insert
an article in the warrant. He explained the issue is not
whether the Board is for or against kindergartens. The
issue is whether it lets the Town Meeting have a say.
He stated he did not know if the Appropriation Committee
could cut the budget in the amount of the cost of kinder-
gartens and if it did, if it would be violating their
autonomy.
Mr. Blaisdell, addressing Town Counsel, said the
School Committee unanimously stated the establishment
of the kindergartens was an educational decision up to
the five-man Board and no one else. He asked if this
was the law of the Commonwealth or not
Mr. Legro replied he had already given his opinion
to the Board of Selectmen and the School Committee, and
it is, in his opinion, the School Committee has the right
to put it in the budget. He explained it is not an item
authorized or required by statute, but he thought the ap-
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propriation of money for kindergartens would be upheld.
He stated a failure by the Town to appropriate money for
the support of kindergartens put in the budget by the
School Committee would be a failure by which the court
would require an appropriation. He said it was his
opinion that the court would not require the appropri-
ation if the Town failed to make it.
Mr. Blaisdell stated, as a committee, they had not
met and voted whether there should be a separate article
or whether there should not. The budget, as submitted
to it, includes establishment of kindergartens and
expenses for the same. He said he understood the Board
or Town Meeting Members Association have asked what the
figures will be for 1967. He said if the committee
deleted it from the school budget, that would be the
number. He asked Town Counsel if, in his opinion, are
the figures presented under Article 4 the figures recom-
mended by the Appropriation Committee or are these digures
requested by the Boards themselves. He asked if the School
Committee figures as listed in its budget would be the ones
that would be properly presented to Town Meeting and any
change would be a motion to amend or should the figure read
and presented to Town Meeting be that of the Appropriation
Committee and should the School Department decide it was
its responsibility to make a motion to amend.
The Chairman said the Appropriation Committee was
aware of Section 44, Chapter 60.
Mr. Legro referred to Chapter 39, Section 16.
The Chairman explained it has been the practice of
the Board, whenever an opinion is requested of Town Counsel
that requires research, that he not be required to give
that opinion at the meeting but to have time to look into
the subject,'
Mr. Blaisdell asked if he could get an opinion from
Town Counsel fairly soon because it is precedent in this
State that a school committee budget if modified has been
upheld. He said to the question, should the Selectmen
suggest that the expense items of the school budget be
divided, presenting to the Town Meeting the items of oper-
ating expenses, exclusive of kindergartens, and then on a
separate article the dollars and the authorization for the
establishment of kindergartens, he thought it important
that the Appropriation Committee have clearly which side
is the proper approach, He said, personally, he did favor
submitting a separate article and using the same numbers
that the committee is asking so that the question of kinder-
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gartens can be clearly, and without question, answered by
the Town Meeting.
Mr. Cataldo said the approach of the two articles
would not be considering separating the budget.
Mr. Legro said if the School Committee submitted a
figure in its budget, including kindergartens, and the
Board of Selectmen put in a separate article with a
separate appropriation for kindergartens and that article
was denied, it would have the effect of decreasing the
school budget.
The Chairman asked if the Appropriation Committee
had the right to have its figures presented to the Town
Meeting as against the School Committee.
Mr. Legro replied he would give both the Appropri-
ation Committee and the Board of Selectmen a written
opinion on it and he could do it very quickly.
Mr. Cataldo stated, not only the School Committee,
but Mr. Blaisdell, was asking can any department' s figures,
The Chairman said if it were true for the School
Committee it would be true for all departments.
Mr. Legro advised he thought they are two entirely
separate issues.
Mr. Blaisdell said he presumed his committee would
like to have Town Counsel' s opinion before making a
recommendation.
Mr. Cataldo said he would be in favor of submitting
kindergartens to the Town Meeting in a separate article
using the figures the Committee has in its budget, de-
leting the figure it has and put it in the separate
article.
The Board of Selectmen was in favor of inserting
a separate article in the warrant on kindergartens.
Mr. Blaisdell said perhaps they should explore the
possibility of what the next step should be.
Mr. Cataldo reported that he and Mr. Gray had been
talking to the School Committee about the cost on the
basis if kindergartens were not established this year,
two schools could be closed, and they are getting figures
of what this would save the Town. He is also getting
information what this would mean to the School Committee
itself; substandard rooms as compared to the Bridge School
and Bowman School. Hereported that Hancock School has
a gym program in the Belfry Club and it does not have a
hot lunch program. He said he questioned how solid the
School Committee' s projections are. He said Hancock and
Munroe Schools were to be phased out without any mention
of kindergartens.
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et
Mr. Gray asked what the Board' s opinion was with
respect to the School Committee, he understood it has
its eye on the Munroe School for an administration
building. He asked if the committee could make the
change-over without approval of Town Meeting.
Mr. Cataldo stated it is the School Committee's
plan to take the Munroe School as its office building
in 1969, and the only control the Town Meeting would
have would be appropriating funds. He explained if
they have kindergartens, they would phase out Munroe
School in 1969, but would have to hire a new principal
for one year for a school. He said he was looking into
the possibility of including the school department in
the Town Office complex.
Mr. Blaisdell asked for the Board' s opinion in
regard to presenting a separate article.
The Chairman said the chair would entertain a
motion to insert a separate article.
Mr. Sheldon said on the theory the Town Counsel
upholds the right to insert such an article, he would
make a motion.
Mr. Legro said he had not made any ruling whatever
on the right to insert a separate article. He said
the Board has the right to insert an article but if the
indirect result is to modify the school budget, he would
like to take a second look and he would include it with
his ruling. He said if the Board wants to get expression
from the Town Meeting, he felt it could be done by a
segregation of the items in the school budget or by a
separate article. He stated he would like to consider
further the right to require segregation of this item.
Mr. Cataldo said there is only one part of the budget
the Board would question. This would be the personal
services. Any capital expenditure should be a separate
article anyway, which this is. He pointed out by policy
and precedent for years this has been done under separate
articles
Mr. Legro said the discussion generally was about
kindergartens.
Mir Cataldo said the budget is personal services,
transportation and capital outlay. He said capital out-
lay definitely has been a separate article from the
beginning of time, and on that basis, it should be a
separate article.
The Chairman said Town Counsel would give the Board
an opinion in a relatively short time, and Mr Legro said
he would give the Board an opinion this week. He said he
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thought the Board was asking him a very serious question
and it warranted some time.
Mr. Cataldo asked how the Appropriation Committee
felt on the subject.
Mr. Blaisdell said the committee only discussed it
lightly, but had not been polled as to the opinion on
this matter. He said probably this evening it could
see what it would do, and that committee has a meeting
with the School Committee at 8:30
The Chairman said by next week the Board should
know in what direction it is going.
Mr. Kenney said the Appropriation Committee should
take a poll tonight and give the Selectmen an indication
of how it feels.
The Appropriation Committee retired at 8:02 P.M.
Mrs. Grace Chu, 18 Oakmount Circle, met with the
Board and said she thought it was about time for the Town
to help her solve the problem she has had with town water
for fifteen years.
Mr. Carroll explained the problem comes about because
the water line is a deadend.
The Chairman asked how long Mr. Chu had been using
Calgon, and Mr. Carroll replied between two and three
years. He said generally the effect has been excellent
and the undissolved rust is picked up by the filters
Mrs. Chu said she has been buying filters for two
years.
Mr. Sheldon asked if the new houses on Oakmount Water
Circle had any problems, and Mr. Carroll replied in the
negative. He said Mrs. Chu' s house is at the end of the
line.
Mr. Carroll said one alternative is to tie in a
small pipe at the end of the existing main and go to
another pipe, but he did not think a flow would be created
and the expense involved would be about $5,000. Another
alternative would be to go over the bill to York Street or
to Grant Street or to Round Hill Road. It would cost more
money to do this because it is right over a cliff of solid
ledge. He explained the problem has been brought to a
head because of a twenty-four inch water main break and he
has been getting calls from all over Town. He is trying
to get the Calgon back into the system again. He suggested
that the Board get someone more of a specialist than he is
to study the problem and give the Board a report.
Mr. Sheldon asked if Mrs. Chu would be willing to pay
part of the cost if a consultant came up with an answer,
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and she replied in the affirmative.
Mr. Carroll said he did not think Mrs. Chu should
have to pay part of the cost as it is incumbent upon the
Town to supply her with clean water. He said a study
could be made in a couple of weeks
The Chairman said the Town is paying Whitman & Howard,
consulting engineers, and suggested that their expert come
out, look at the problem and get some solution.
Mrs. Chu said it was imperative to do something before
she puts in a new septic tank.
Mrs. Chu retired at 8:35 P.M.
Mr. Gray said he had received a bill in the amount of
$2,000 for architect' s services in connection with the
Public Works Building which had been approved by the
Bill committee.
Upon motion duly made and seconded, it was voted
to approve payment of bill in the amount of $2,000 sub-
mitted by William Halsey, Architect.
Mr. Gray said he had received a bill in the amount
of $108,217. 75 from John Tocci & Sons, Inc. , contractor
for the Public Works Building, which had been approved
Bill by the committee.
Upon motion duly made and seconded, it was voted
to approve payment of bill in the amount of $108,217.75
submitted by John Tocci & Sons, Inc.
Mr. Gray, with reference to the Goodwin property,
on Pearl Street, said he had checked with Town Counsel
who felt it was not necessary to hold another hearing.
He said it is now a matter for the Board to make a
determination of what should be done on the barn, and
he could have the necessary paper work done for the
next meeting.
Upon motion duly made and seconded, operating under
Chapter 139, Section 3, of the General Laws, it was voted
Goodwin that the structure is a nuisance and should be torn down,
property and the Board hereby directs Mr. Goodwin to tear the
structure down, otherwise the Board will step in and take
it down at Mr. Goodwin' s expense, with a time limit of
thirty days after the time the Board orders removal of
the structure.
Mr. Carroll reported he had met with the people on
Golden Avenue and explained to them what the problem was. ,
He explained four basic solutions of the problem which he
433
indidated on a large plan. He said the people want to
remain in Lexington, and if the Board wants to keep them Golden
in Lexington, it should talk to the Arlington Selectmen Avenue
to see if some arrangement can be made. He said there is
also the problem of police and fire protection. He said
he thought the Lexington police would have difficulty
getting in there.
The Chairman said he thought the problems could be
solved by arrangements with other towns
Mr. Sheldon asked what the best approach would be;
Town Manager or Board of Selectmen, and the Chairman
said he thought the Board of Selectmen because that is
the policy-making Board.
Mr. Cataldo said the main thing is, are they going
to stay here and what is going to be done. He asked how
the extension of the water main would benefit Lexington
if the people are Arlington.
Mr. Carroll said it wouldn' t unless the land on
either side of Watertown Street beyond the State property
were developed. He said the difference in cost of six
and eight inch pipe just to get across the bridge would
be $1,000.
Mr. Mabee asked if this main served any of the nine
houses, and Mr. Carroll replied in the negative. He said
they are fed from Arlington.
The Chairman said the decision has to be made known
whether the main should go across and he thought it should.
Mr. Carroll explained eventually this will become
a part of Arlington because the prople will be isolated
and the services Lexington gives will be so few.
Mr. Mabee said the Board should talk to Arlington
about fire, police and snow removal.
Mr. Carroll said his feeling is that eventually
the area will go to Arlingtdn and he thought the Board
would be safe in making this assumption.
Mr. Mabee suggested that the best arrangements be
made with the Town of Arlington and in the meantime,
Mr. Carroll could contact the State.
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 Executive
made public, might adversely affect the public security, Session
the financial interest of the Town or the reputation of
any person.
Following discussion with Mr. Legro pertaining to
legal opinions, discussion with Mr. Carroll pertaining
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to snow removal and discussion with Mr. Gray pertaining
to land acquisition, it was voted to resume the open
meeting.
The Chairman read a letter from Ephraim Weiss,
462 Lowell Street, requesting the Board to take appropri-
ate action to provide for the installation of curbing
Curbing along Lowell Street between East Street and Woburn Street.
Mr. Carroll reported he talked to Mr. Weiss as late
as tonight about this and it would cost something like
$6,000 to $8,000 to put in berms on both sides of the
street. Mr. Weiss would be satisfied if the Town tried
to put in as much of the hot top berm it can each year
under the Highway budget.
The Chairman said he would so advise Mr. Weiss.
The Chairman read a letter from Mrs. Caleb Warner,
546 Concord Avenue, relative to installation of sewers
Sewer in her area.
Mr. Carroll said this is the area that is out and
the long-term plan is to get a trunk there. He agreed
to write a letter of explanation to Mrs. Warner.
The Chairman read a letter from Mr. Robert C.
Jackson, 62 Colony Road, with further reference to a
sidewalk and the betterment.
Mr. Carroll reported that he and Mr. Coscia met
with Mr. Jackson on the property. His argument was
there was a stone dust sidewalk that could provide the
Sidewalk base. Mr. Carroll showed him that the location of the
stone dust sidewalk was obscured, but if he wanted to,
he would find the stone dust sidewalk, but that it would
be more expensive to build. Mr. Jackson said Mr. Carroll
was absolutely right and to go ahead. He received his
bill the other day for the sidewalk and is now question-
ing it.
Mr. Carroll agreed to prepare a letter for the
Chairman' s signature.
Request for permits to move two buildings, received
from the Metropolitan Building Movers Co. was held over
at the request of Mr. Carroll.
Upon motion duly made and seconded, it was voted to
Traffic amend the Traffic Rules and Orders of the Town of Lexington
Rules & adopted on October 7, 1935 and subsequent amendments thereto,
Orders as follows:
4 -35
AMENDMENT TO THE TRAFFIC RULES AND ORDERS
TOWN OF LEXINGTON, ADOPTED BY THE BOARD OF
SELECTMEN, JANUARY 16, 1967
ARTICLE I
Definitions
VOTED: That the Rules and Orders of the Town of Lexington
adopted on October 7, 1935 and subsequent amendments
thereto are hereby further amended as follows:
By adding a new definition as follows:
(cc) Service Zone - An area in the roadway or
municipal off-street parking area set aside for
the accommodation of commercial and transient
vehicular traffic."
ARTICLE V
Parking
VOTED: That the Rules and Orders of the Town of Lexington
adopted on October 7, 1935 and subsequent amendments
thereto are hereby further amended as follows:
By adding a new definition as follows:
Section II Service Zones - No person shall park a
vehicle upon any street or municipal off-street
parking area in any service zone for a period of
time longer than thirty (30) minutes and except
while actually loading or unloading.
/S/ Robert Cataldo Board
/S/ Levi G. Burnell of
/S/ I. H. Mabee Selectmen
Adopted January 16, 1967 /S/ George C. Sheldon
A true copy, Attest:
Executive Clerk, Selectmen
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Upon motion duly made and seconded, it was voted
Laconia St. to hold a hearing on its intention to lay out as a town
hearing way Laconia Street from Lowell Street a distance of 1150
feet, more or less, southerly and easterly.
Upon motion duly made and seconded, it was voted to
Hearings hold public hearings on its intention to lay out as town
ways the following streets:
Blossomcrest Road Lake Street
Blossomcrest Road Longfellow Road
Crescent Road Payson Street
Emerson Road Philip Road
Ewell Avenue Phinney Road
Hadley Road Tricorne Road
Kendall Road Tyler Road
Laconia Street Valleyfield Street
Whittier Road
Letter was received from the Executive Committee
of the Cary Library Board of Trustees with reference
to requests received by the Selectmen from the Follen
Traffic Community Church in regard to traffic.
Mr. Gray stated the Traffic Study Committee wrote
to the Library Trustees and the School Department and
as soon as a reply had been received from the School
Department, the Traffic Study Committee will make a
recommendation to the Board.
Request was received from Raymond E. Lewis, Adjutant,
on behalf of the Stanley Hill Post #38, for permission
to use Parker Field Center Playground, for the Post' s
Country Third Annual Lexington Country Fair over Labor Day week-
Fair end, 1967.
Mr. Cataldo recalled this was a program that posed
a problem relative to construction hours.
The Chairman said he would ask Mr. Lewis to meet
with the Board to discuss the subject.
Letter was received from Rayment E Lewis, Adjutant,
April 19 on behalf of the Stanley Hill Post #38, requesting per=
mission to operate a good stand on April 19, 1967, at the
corner of Meriam Street and Massachusetts Avenue.
Upon motion duly made and seconded, it was voted
to grant the request.
437
motion Upon p t on duly made and seconded, it was voted
to renew Common Victualler licenses to Mereditt Foods, Licenses
Inc. , 321 Woburn Street, and Lexington Indoor Tennis
Corp. , 459 Bedford Street, satisfactory reports having
been received from the Board of Health.
Upon motion duly made and seconded, it was voted
to hold the first session of the Annual Town Meeting Town
in Cary Memorial Hall on Monday, March 20, 1967, at Meeting
8:00 P.M.
Mr. Gray referred to a request from a Mr. Sullivan
for abatement of the street betterment assessment levied
against land owned by him and located on Volunteer Way.
He reported that Mr. Zaleski, Planning Director, claims
this is a legal size lot with legal frontage.
Mr. Cataldo asked if Mr. Sullivan had been denied Sullivan
a building permit, and Mr. Gray replied in the negative, betterment
He said Mr. Zaleski said that the taking does not affect
Mr. Sullivan, it is a legal lot, and there is no reason
why it cannot be built upon.
Mr. Cataldo asked Mr. Gray to double check with the
Building Inspector to find out whgther or not this is
a legal building lot for which a permit could be issued.
Mr. Sheldon moved that if this is a legal size lot
and a building permit can be issued, that the request
for abatement be denied.
Mr. Gray reported that the Planning Board wanted to
know about the Lloyd property and he told him what the
Board has done on this. Mr. Zaleski said the Planning Lloyd land
Board wanted to negotiate on this. He said the Planning
Board wants permission to get appraisals on bile other
two articles and negotiate with the owners.
Mr. Carroll retired at 10: 20 P.M.
Chairman Greeley, Mrs. Rif fin, Messrs. Worrell,
Fowle, Campbell, of the Planning Board, and Mr. Zaleski
met with the Board. Mr. Greeley said, in talking with
Mr. Gray, the Planning Board asked if he would convey
to the Selectmen an explanation of the Planning Board' s
preference. He said they would like to ask the Town
to authorize the Selectmen to make a layout of that
place of Emerson Road between Castoldi' s subdivision
and Adams Street, intending that the physical improve-
ment would take place at a later date, assuming the
Board could go ahead on that, not to insert an article
438 3r
in the warrant to take the whole Lidberg and Castoldi
property. He said it would be like paying damages for
Articles the rights to improve a street there at a later date.
He said he hoped to be able to negotiate something in
the order of $5,000.
Mr. Cataldo said he took a look at it today and
he would have to stay with his original thought, it is
not the best, but if the Planning Board recommends it,
he would support laying out Emerson Road.
Mr. Greeley said his Board feels this is another
step in slightly devaluating the importance of Emerson
Road. He said the Planning Board believes it is im-
portant to get this connection through in the future
from Adams Street to Burlington Street and this is the
last good chance of doing it.
Mr. Mabee said he also would support the layout of
the road. Mr. Burnell was recorded in supporting it.
The Chairman asked if the Board was making com-
mitments before the hearing, and Mr. Mabee said he was
supporting the article.
The Chairman explained his position and did not
concur with the recommendation relative to the layout
of Emerson Road.
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
Executive made public, might adversely affect the public security,
Session the financial interest of the Town or the reputation of
any person.
Following discussion pertaining to recommendations
submitted by the Salary Study Committee, it was voted
to resume the open meeting.
Upon motion duly made and seconded, it was voted
to adjourn at 11:45 P.M.
A true record, Attest.
ecu ve, ;clerk, Selectn
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