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HomeMy WebLinkAbout1965-11-15-min 3 91 SELECTMEN1S MEETING November 15, 1965 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, November 15, 1965, 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. The Chairman stated he would entertain a motion to issue a proclamation relative to the flag being Proclama- flown twenty-four hours a day over the Common tion Upon motion duly made and secoried, it was voted to issue the following proclamation: THE TOWN OF LEXINGTON, MASSACHUSETTS BY THE HONORABLE BOARD OF SELECTMEN A PROCLAMATION 1965 WHEREAS the first battle of the American Revolution took place in the Town of Lexington, on April 19, 1775, and WHEREAS the Eighty Ninth Congress of the United States of America has enacted and Lyndon B. Johnson, President, has s signed a law permitting the Town of Lexington to fly the flag of the United States of America for twenty-four hours each day in commemoration of that event , NOW, therefore, we, the Selectmen of the Town of Lexington dohereby proclaim SUNDAY, NOVEMBER 21, 1965 as the day for the permanent raising of the Flagof the United States of America over the Battle Green in the own of Lex- ington and urge the citizens of the Town to give fitting observance to this significant occasion Given at the Town Office in Lex- ington, Massachusetts, this fifteenth day of November in the year of Our II Lord one thousand nine hundred and sixty-five and of the independence of the United States of America, the one hundred and ninetieth. GJ 392 cT ct T► /s/ Lincoln P. Cole , Jr. /s/ Robert Cataldo /s/ Levi G. Burnell Xa/ George C. Sheldon is/ Irving H. Mabee Selectmen of Lexington A true copy, attest : Paul E. Furdon Constable of Lexington Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate one pole on Bloomfield Street . Notices of the hearing were mailed to the peti- tioners, owners of property as listed on the petitioners ! Pole plans and also filed with the Superintendent of Public location Works. Mr. Pratt, representing the Boston Edison Company, and Mr. Dunn, representing the telephone company, were the only persons present at the hearing. Mr. Dunn explained the proposed location is to cut down the span length and move the pole to the lot line . Mr. Carroll reported that Mr . Higgins had looked at the proposed location and it is all right. The Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the follow- ing i/o pole location: Bloomfield Stret,southeasterly side, opposite Minola Road, -- One pole (One existing j/o pole to be removed . ) Hudson Road, northeasterly side, approximately 129 feet southeast of Spring Street, -- One pole Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and 39 Telegraph Company for permission to locate one pole on Hudson Road . Notices of the hearing were mailed to the petitioners, owners of property as listed on the petitioners ' plans and also filed with the Superintendent of Public works . Pole Mr. Pratt, representing the Boston Edison Company, location and Mr. Dunn, representing the telephone company, were the only persons present at the hearing. Mr. Pratt explained this is also to cut down the span length and place the pole tothe lot line Mr. Carroll reported that Mr. Higgins had looked at the proposed location and it is all right. The Chairman declared the hearing Closed. Upon motion duly made andseconded, it was voted to grant the petition and sign the order for the follow- ing j/o pole location Hudson Road, northeasterly side, approximately 129 feet southeast of Spring Street, -- One pole. Messrs. Pratt and Dunn retired . The following individual was drawn for jury duty: Arnold H. Gruber, 6 Ingleside Road Juror Mr. Gray informed the Board he had another Certifi- cate for Payment on the Public Facilities Building Public in the amount of $8,672.55 which has been approved by Facilities the Committee. Building Upon motion duly made and seconded, it was voted Committee to authorize the Chairman to sign the Certificate for Payment on behalf of the Town. Upon motion duly made and seconded, it was voted to approve bill in the amount of $371 for architectural services . Mr. Legro said the Board voted to sell and convey tax title lots 50 and 51 Hillside Avenue to Loran Wallace and Ernest Kitchen, and he had prepared a deed to carry out that vote. The deed provides that lots 50 and 51 Tax title be combined into one lot. Upon motion duly made and seconded, it was voted to execute deed, prepared by Town Counsel, conveying lots 50 and 51 Hillside Avenue to Loran Wallace and Ernest Kitchen Mr. Carroll presented a plan of a sewer easement which he explained would bring the sewer from Cedarwood CJ 394 cZ Am- Terrace to the trunk sewer, and said it would cross the property of Geraldine Magill. He reported Mrs . Magill has been notified of the intention of the Town, but nothing has been heard from her . He said he would like Mr. Legro to prepare the necessary instruments . Upon motion duly made and seconded, it was voted to authorize Mr. Legro to prepare the necessary instru- ment for the sewer easement over property owned by Geraldine Magill . Mr. Carroll reported on the problem of sea gulls Sea Gulls at the sanitary land fill area on Hartwell Avenue, and outlined a proposal submitted by the Abalone Pest Control Service to eliminate the nuisance . Upon motion duly made and seconded, it was voted to authorize Mr. Carroll to engage the services of the Abalene Pest 'ontrol Service andtry the proposed program. Mr. Carroll said if the Public Facilities Building is going to be open, he will need funds right away because Public the building will have to be maintained from now until Facilities April 1. He stated he has included $1712 in his budget, Building but most of the materials are needed immediately. The Chairman asked if W. Carroll wrs requesting a transfer, and Mr. Carroll replied in the affirmative. He said he has the total amount of money for manpower in the budget . Upon motion duly made and seconded, it was voted to recommend to the Appropriaticn Committee that a transfer of $1200 be made from the Reserve Fund to the new Public Facilities Building Account Mr. Arthur Burrell, Director of Divil Defense, met with the Board and said the members of the Board all had a copy of his report on the recent blackout. The Chairman said he would like to compliment the Civil Civil Defense, Fire and Police for the work done during Defense the blackout . He said one area that needs attention is the standby emergency generators . Mr. Burrell referred to his recommendations in the report and suggested a generator in the boiler room in Cary Building. He said there should be power enough to operate the boiler The Chairman said the Board should read the report, particularly the recommendations , carefully and he would place the subject on the agenda for the next meeting of the Board. Mr. Burrell, with reference to the warning system, said there is a pole on the corner of Lowell and East 3911 Streets on Town property which the contractor shows to be right in the middle of a plot of land, but it is in the middle of a {diddle of a man's picture window. He suggested that the pole be moved closer to the paved surface, about tenfeet . He said this would be an extra in the contract and he was talking about $100. Upon motion duly made and seconded, it was voted to authorize an expenditure, not exceeding $100, to move the pole as recommended by Mr. Burrell. Mr. Cataldo asked if the Fire Department would be connected to the system, and Mr. Burrell replied he did not know. The Chairman asked Mr . Burrell to discuss this with Mr. Gray. Mr. Burrell retired at 8 :10 P.M. Messrs . Kolovson, Scheublin, Trani, Bateman, Tarbox, Michelson, Brown end Bryson, Chairman of the Planning Board, met with the Selectmen relative to the revitali- zation of Lexington Center. Mr . Kolovson said the purpose of the meeting is to answer the letter he received from the Board requesting more information, one, a more specific study be performed of the way the p rking spaces on Massa .husetts Avenue Lexington function. The other question was to have a survey or a Center poll of the merchants in the Center to get their feeling on the meters; more specifically the question was "Are you in favor of "No Parking" on Massachusetts Avenue in the Center provided off-street parking is provided?" He said he has the results from 39. Eighteen are for "No Parking" on Massachusetts Avenue and twenty-two want parking. Mr. Kolovson said the letter thatappeared in the Minute-man by the design review committee, as well as the follow-through article , was not at all endorsed or a product of the steering committee . Mr. Bryson asked if the committee had any discussion with Chief Corr or John Carroll. Mr . Kolovson said the suggestions made by both of these people as still in the process of being studied. He said he did not know if there would be a totally new plan on layout, but there are some changes bound to occur as a result of their suggestions . He said before a final plan was submitted, it would be presented to them for their comments . The Chairman asked what timetable Mr . Kolovson was on now in this respect, and he replied at least two weeks . Mr . Kerr said they have supplemented the data they received from Chief Corr and Mr. Carroll. He said they 111 talked about movin, traffic in the Center with Chief Corr 396 LT e2 again and this leads to a suggestion in a different speci- fic first step than that which was shown here or expressed in last week's Minute-man. He said this should be dis- cussed with his own committee and then go back to Mr Carroll whd Chief Corr so when the committee comes back to the Board, the basic concept can be preserved He said he thought the traffic and snow removal could be handled within the basic concept The Chairman asked how much time the Board had to make a decision pertaining to the Center . Mr. Carroll replied, assuming the Board wants con- struction started early in the spring, he would say not later than the first of the year,absolutely The Chairman said anything the Board does will affect the Center for all times so it can't say first, in front of the Hunt Block Mr. Carroll stated once the Board makes the decision he could give it to someone to start design. He said the latest date would be January 1st . The Chairman said the committee was saying it does need a little more time to bring in the plan and its recommendations Mr. Herr said he thought everyone has agreed that the notion of the promenade would be very nice if it could be achieved within certain limitations The Chairman said he received a letter from The 1775 Realty Trust expressing opposition to the proposed widening of the sidewalk to thirty-five feet in front of the Trust 's property. The letter stated parking space in the Center is now at a premium and the cost of replacing spaces lost would be extremely high. He said he would give Mr. Kolovson a copy of the letter Mr. Kolovson said they were working to come up with a complete consensus of the plan Mr . Kerr said they made a check during the peak hours to see what the usage of the parking meters on the avenue was They surveyed from Muzzey Street to Waltham Street on the outside. Each space was used three times during the peak hour from 4:30 until 5:30. They found on three nights during the peak hour, at no time were all of the spaces taken. There was always vacant parking space on the avenue. He said they know that one half andnot less than one third of all the parking meter revenue comes from the meters on the avenue . As people become more familiar with the off-street lots, they use them more heavily. He said parking in the Center has shifted off the avenue to the off-street The Chairman asked if people leaving their cars were interrogated to find out where they were going. Ill Mr. Herr replied in the negative and said they watched 7 the people and they were all doing quick errands . He said one third of the spaces in the test section did not move during the hour. The other two thirds kept changing. Mr. Bateman said he called on twelve people today and he was told to state the question as it was on the card, give them the card and a pen or pencil. These best informed on the matter, answered yes . They could discuss something about the plan having seen it in the paper or by previous conversation. With regard to those who did not seem to know what was going on, he wondered if they read off-street parking was to be provided. Mr. Oppenheim said the people always want to park out front and don't want to walk more than two feet . Mr. Bryson said it is important to know how the Town will go about this, particularly the Town Meeting Members He said he had in mind widening the street , which he thought was what the Town Meeting Members were talking about . Later the question of widening the sidewalk came up. He said he wondered if it might not be pertinent to get the views of the Town Meeting Members on this as they were not aware of this last March. This is a Town-wide proposition. The Chairman said the Board has an awesome responsibility. Mr. Kolovson stated he has received many requests from Town Meeting Members to make a presentation. The Chairman said he had no objection but he did not know how it would help the Board because in the final analy- sis the Board will have to make a decision. Mr. Kolovson said if his group held back and did not present the information, it would do the group no good. The Chairman said the committee was originally ap- pointed by the Selectmen. Mr. Herr said there may be some point in a meeting to finally introduce a number of the issues. Mr. Tarbox said in developing new areas with new stores coming into more modern design , the rear entrances to the stores will be more attractive. He pointed out in shopping areas one cannot get into the front of the stores with cars and the rear entrances are as attractive as the front entrances. He said the rear entrance may become the main entrance. Mr. Kolovson said Burlington is now entertaining lease arrangements so within a year construction should actually be started. The Chairman asked if Mr. Kolovson would want to set a date now to report back to the Board. Mr. Kolovson replied he would like to leave it fluid. One of the group present asked what happened to Mr. Bryson 's suggestion. The Chairman said if the intent of the meeting is information, there is nothing wrong with it. He said if there was to be an article, it would have to be carried by the Planning Board. 398 cs Mr. Bryson stated his Board would be happy to do it. The Chairman said he, personally, would have no ob- jection to an informational meeting. Mr. Mabee said he felt a number of Town sleeting Members, when voting on this, had a specific thing in back of their minds. He said he would feel better if he knew how the Town Meeting Members felt. Mr. Cataldo said it should be presented as a complete story after it is put together by this committee . He stated up to this point, there had been too many opinions and the Board is looking for professional opinions for which the Town is paying. He said he would like a plan justified with professional opinions . He stated everything is up in the air now, costs and everything. The Chairman said the Board told the Town Meeting it would not come back for more money, and with all good intentions it did not intend to. Mr. Cataldo felt facts should hot be presented to the townspeople unless they are true. The Chairman stated the Board has no objection to an informational meeting providing the committee has every- thing gelled. Mr. Kolovson asked if he could have a more clear understanding; regardless of the position the Board takes, there will be an article. The Chairman said if the Board, in its opinion, makes a decision to have this engineering done a particular way, it could preclude a specific plan. He said at this point he could not tell how the Board would feel about an article in the warrant. He stated when the Board sees the final report, it could then tell how it feels about an article. Mr. Bryson said it is likely the Planning Board will come up with some articles based on this report. The Chairman advised the closing date on the warrant is January 10. Mr. Bryson stated one reason for hurry is to make up articles for the Town Meeting. The Chairman stated time is on the essence and the quicker the program can be gelled, the better it is. The group retired at 8:50 P.M. Mr. Bateman said he was asked to see if he could get a place for a Santa Land type of program. He said it was felt that Santa should be available for at least two week- ends, including the week in the middle. He said three service clubs have toluntcered to asAst in the program. He said he found out Cary Hall will not be available and wondered when the Public Facilities Building would be finished and if it would be available . The Chairman replied he did not know when the building would be dinished or when it would be accepted. He said the building is not finished and a lot would depend on the Board's acceptance. He said he did not think this was the answer. 399 Mr. Cataldo pointed out the use of the building has II been more or less determined by Town Meeting . The Chiarman said in all probability it will not be availabel in December. Mr. Bateman retired at 8:55 P.M. The matter of an application filed with the Secretary of State by John Buckely, et ails, for a Certificate of Incorporation was held over from the last meeting of the Board. The Chairman asked Town Counsel what the Board's progatives were, and Mr. Legro replied all the Board Cert. of is required to do is to report the facts . Inc, Upon motion duly made and seconded, it was voted to sign the form received from the Secretary of State's Office stating all the facts. Mr. Arnold Stern ' s letter inquiring about the sewer and drain easements, in connection with the Woodhaven Sewer project, was held over form the last meeting. Sewer & Mr. egro stated at a mteting of November 30, 1964, drain the Board voted on this . It was suggested that this be easements held over again and also suggested that Mr. Stern be reminded of the offer. Mr. Ralph E. Pedersen ' s claim for damages to his car which he stated wure caused by a hole in East Street was held over. Claim Mr. Carroll stated he had received a letter from Mr. Legro on this which he will endeavor to answer this week. Mr. Legro explained this is a highway defect case and he would take such acticn as he thought advisable. The Chairman said he would advise Mr. Worsen this has been referred to Town Counsel. Copy of letter frrm John F. Cogan , Jr. , 29 Patterson Road, to the Town Clerk, regarding an injury to his son which he claimed was due to a hole in the street, was read by the Chairman. Clairk Mr. Carroll said this was the same as the previous case. The Chairman said he would advise Mr. Cogan that the subject has been referred to Town Counsel. Letter, dated October 28, 1965, was received from Daniel S. Horgan, Chief Engineer, State Department of Public Works, in regard to Route 2, and its connection to Worthen Road. Mr. Carroll said the Town should go in and see them and ask where the $700,000 is and when a breakdown has been obtained, ask why they think it should be charged to the Town. He said perhaps the Bureau of Public Roads should be brought into this. Route 2 Mr. Cataldo said he thought the Board should go back into the Department of Public Works and discuss this with that department. co 400 The Chairman asked Mr. Carroll to arrange a meeting with Mr. Horgan . Mr. Cataldo stated that the Board should tell him if this is the departmentts final answer, the Board fully intends to go to the Bureau of Public Roads. Letter was received from the Mystic Valley Gas Com- pany requesting permission to locate a 2" wleded steel main in Bennington Road. Gas main The Chairman reported a telephone call had been re- ceived requesting permission to withdraw. He said this would be held over for one week for the Board to take action when it has a formal request for withdrawal. Letter was received from the Mystic Valley Gas Com- pany requesting permission to withdraw petition the install Gas main a gas main in York Street and Woodland Road. Upon motion duly made and seconded, it was voted to grant the request . Letter was received from Hideo Sasaki advising that the next issue of the Minute-man will have an article describing the recommendations of the Design Advisory Com- mittee concerning the improvements of Massachusetts Avenue . Mr. Cataldo said he thought this letter should be Lexington answered, and perhaps Mr. Sasaki should be told to print Center a complete story or no story. He said the group meeting with the Board earlier in the evening stated it was not responsible for this. The Chairman said he would thank Mr. Sasaki for his letter and refer to his article in the Minute-man. Messrs. Legro and Carroll retired at 9:10 P.M. Form was received from the Office of the Secretary of State relative to an application filed by Rudy Plaue, et als, for a Certificate of Incorporation. Cert. of Upon motion duly made and seconded, it was voted inc. to sign the form, stating the facts as received from the Police investigation. Letter was received from the Library Trustees re- questing insertion of an article in the warrant for the Article Annual Town Meeting, relative to arpropriating the total amount of State Aid to be used in improving and extend- ing the library service. lovernor Volpets letter in regard to Emergency Planning was held over. Mr. Gray reported .Host towns are putting this under Ration Civil Defense and not rationing in the sense of WW II Board rationing. Mr. Sheldon suggested that the Board obtain some suggestions from the Director of Civil Defense. 401 The Chairman said the Selectmen could still think of people for this particular Board. Mr. Cataldo asked if it was the Chairman 's intention to establish a Board. Emergency Mr. Gray stated the Governor is asking for names. Planning The Chairman said the Board should let the Director of Civil Defense come in with some names and the Bosird, as the appointing authority, will appoint. He said all the Bo rd is doing now is to have some names and have Mr. Burrell submit some names . Mr. Gray explained the appointment is made by the Governor and the Selectmen only recommends the names. The Chairman said his thought would be to give the names of the Board of Selectmen . Mr. Sheldon said he would still like to hear from Mr. Burrell, and he thcught a member of the Police Depart- ment should be considered. Mr. Burnell said he thought the Chairman ' s suggestion was good. Mr. Sheldon suggested that the Chairman discuss this with Mr. Burrell and if he approves, settle the matter on the basis the Chairman suggested. App lication, received from Edward F. Donnelly, 19 Emerald Street, for the position of Supervisor of Guides, was placed. on file . Application Upon motion duly made and seconded, it was voted to deny application for a license to drive a taxi within the limits of the Town, filed by Richard L. Covert, 42 Allen Street, Lexington. Licenses Upon motion duly made and seconded, it was voted to deny application for a license to drive a taxi within the limits of the Town, filed by Lawrence French, Sudbury, Road, Concord. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen 's Meeting held Minutes on November 8, 1965. Upon motion duly made and seconded, it was voPed to go into Executive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial Executive interest of the Town, or the reputation of any person. Session Following discussion with Town Counsel pertaining to a legal case, Law Department , letters from the Board of Appeals and the Planning Board, relative to the removal of gravel, it was voted to resume the open meeting. Mr. Legro retired at 10:L.5 P.M. The Chairman read a letter from the Town Celebrations Committee inviting the Board to participate in the parade on Sunday, November 21, 1965, before the exercises on the Green with reference to the permanent flag raising. 402 m. Cr CI Xam The Chairman said if there are going to be lights there, the Board should give permission to have them in- Flag stalled and lighted. II Upon motion duly made and seconded, it was voted to authorize installation of lights necessary for illumi- nating the flag to be flown on the Green twenty-four hours a day. The Chairman reported he received a call from Alan Cooper who would like to have the old flag on the Green to fly it from his house, Mr. Gray called attention to the schedule of events on November 21, 1965, at which time this flag is to be presented to the Lexington Historical Society, to be kept as the last flag flown daily over the Green. The Chairman said he had a Memorandum of Understanding, received from the State Department of Public Works, relative to the State setting aside $26,200 for Town upon commencement of the Chapter 90 project on Massachusetts Avenue, subject to monies being appropriated by the General Court for Chapter 90 projects. Upon motion duly made and seconded, it was voted to sign the Memorandum of Understanding. The Chairman said the Board should take care of the appointment of the Salary Review Board. He would make a suggestion and then the other members of t he Board could IISalary make suggestions. He said he thought the Salary Review Review Board should consist of a member of the Appropriation Board Committee, Capital Expenditures Committee , Town Meeting Members Association, League of Women Voters and one businessman in Town. Mr. Cataldo recommended appointing a member of the Appropriation Committee, Board of Selectmen , Town Meeting Members Association and two townspeople, at least one of whom is experienced in the field of personnel. The Chairman mentioned 1) Chairman of the Board of Selectmen or his designee; 2) Chairman of the Appropri- ation Committee or his designee ; 3) Chairman of the Town Meeting Members Association or his designee ; Li.) Two people trained in the personnel field. Neil Chapman and Earl Sukeforth were mentioned as being trained in personnel. The actual appointment of the Board was held over . Mr. Cataldo referred to an agreement Mr. Legro drew up for the architect on the Public Works Building. He said the Committee and the architect agreed on it. Upon motion duly made and seconded, it was voted to approve the proposed agreement and to have it prepared for execution by the Board next Monday. IIThe meeting adjourned at 11:10 P.M. 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