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HomeMy WebLinkAbout1965-05-17-min I 69 SELECTMEN'S MEETING May 17, 1965 A regular meeting of the Board of Selectmen was held in the Selectmen ' s Room, Town Office Building, on Monday, May 17, 1965, at 7:30 P.M. Chairman Cole, Messrs. Cataldo and Sheldon were present. Mr . Legro, Town Counsel, Mr. Colella, Assistant superintendent of Public Works, Mr. Higgins, Assistant Town Engineer, and Miss Murray, Execu- tive Clerk, were also present. The Chairman explained the first item on the agenda, Classification of Committees, Boards and Commissions, was brought about by the fact the Board has not classified the Conservation Commission, and there may be other Boards in the same category that should be classified. He said if the Board is considering making the Conservation Com- Classifi- mission members Regular Municipal Employees, it should cation of consider other negotiating Boards, the Planning Board Boards being number one. Mr. Cataldo mentioned the School Sites Committee, Standing School Building Committee and the Conservation Commission as being the negotiating Boards. Mr. Legro said none of these has an influence over Town-wide problems, and the ones named are all part-time boards, and they don't do any substantial amount of pur- chasing supplies or materials. He explained the Board has to bear in mind if it is going to get people to serve on commissions, and not seriously limit the range of choice and quality of personnel available, it can't classify these people too general or it will limit the availability of these people. Mr. Cataldo said, that being the case, the Board should not have the ones it has classified as regular employees. These people spend as much, if not more, than the ones classified. He mentioned the Fire Commissioners and the School Committee. He stated these people spend as much money as the Fire Commissioners and the Standing School Building Committee spends more. Mr. Legro explained more consideration was given to the regularity and scope of the purchase. At the time the Fire Commissioners were classified, there was serious discussion. The School Committee, of course, does pur- chase a great quantity of materials and structures and employs a large number of salaried employees. Mr. Catildo stated the School Committee is the one who does the structures. Mr. Sheldon asked for Mr. Legro's recommendation. Mr. Legro said he recalled the Fire Commissioners were felt to be in a position where they would be claasi- fled either way. 170 ot C, Ito Mr. Sheldon asked if Mr. Legro agreed with the list as read by the Chairman. Mr. Legro replied in the affirmative and said he ex- plained the things that have to be taken into account. The decision has to be made by the Board. The Chairman said if there is any chance of any of these Boards making decisions where they might be involved themselves, the finer the line is drawn, the better. Mr. Legro said, by way of discussion, he thougAt in this type of government the Board would not want to limit itself in the range of selection it has. He said another factor to be taken into account is the pos ible publicity involved in the official activities of any individual member or the Board itself. For example, he said he was voted by Town Meeting and is a public record as opposed to purchases of lesser dollar values, but more numerous in items that are not generally known and not easily disclosed or uncovered. He said the Board might bear in mind too, the nature of the work involved, whether it is apt to in- volve technical conflicts with the law so it is too pro- hibiting to get people to serve. The Chairman asked what was to be donew hen people are made Special Employees and they are working with a firm that could be doing business with the committee. Mr. Legro stated that is just as much a violation for special as it is for fegular. This statute is to eliminate corrupt practices. The Chairman said he would rather err the other way and make them regular employees on these particular boards. Mr. Legro explained that, by and large, the distinction is really what may be excused by disclosure rather than by the activity itself. Mr. Cataldo said, where the School Committee and Fire Commissioners are in the regular category, he would be in favor of going 'to the conservative side. Upon motion duly made and seconded, it was voted to reclassify the Planning Board, School Sites Committee, and Standing School Building Committee as Regular Muni- cipal Employees; and further voted to classify the Conser- vation Conunission as Regular Municipal Employees. The Chairman read a letter, copy of which w as sent to Partial re- Town Counsel, from Mrs. Angela DeGrazia, 140 Pleasant Street, lease of relative to release of the sewer assessment levied on the sewer portion of her land taken by the Commonwealth. assessment Mr. Legro reported he has drafted the release but has more information to obtain at the Registry. He stated this is a routine request and the parcel taken by the Commonwealth is very small. The Chairman said the Board would wait until it hears from Mr. Legro and then process this. # distinguishing between the acquisition of land which is 1It Mr. Higgins reported on bids on the resurfacing ' contract, and recommended that the contract be awarded to the lowest bidder, Starrett Paving Corp. Contract Upon motion duly made and seconded, it was voted to award the contract for street resurfacing to Starrett Paving Corp., at its bid of $40,600.00. The Chairman read a letter from the State Department of Public Works, in reply to the Board' s letter requesting certain changes in the timing and sequence Of the trafficr control signal at Bedford Street, Worthen Road, Camellia Place and the Fire Station. Mr. Colella reported that Mr. Carroll has already contacted the people who put the original set of lights in. The Chairman said the Board would wait until Mr. Carroll or someone knows what the results are. It is up to the Board to adopt this, if possible. Upon motion duly made and seconded, it was voted to adopt the following changes in the timing and sequence: Ini. Veh. 7 Veh. Int. 5 Housings Minimum Maximum Fire Lane as Seconds 35 3 3 20 3 4 needed Bedford St. A-B G G G G G Y R Bedford St. C-D G Y R R R R/G G Bedford St, F G Y R R R R/G* R Bedford St. E-G G-RA Y-RA R-RA R-RA R- Y/R* R RA Worthen Rd. H-J-K R R R G Y R/G* R Camellia P1. L-M R R R G Y Y/R* R Fire Station N FR FR FB FR FR R G The Chairman read a letter from the State Department of Public Works in reply to the Board's letter of March 22, 1965, requesting a study to determine the necessity of in- corporating pedestrian indications in the traffic control signal located at the intersection of Lowell and Maple Streets. The Department of Public Works reported the following: Traffic A four hour count of pedestrians at the subject intersection recorded Friday, April 9, 1965, from 7:00 A.M. to 9:00 P.M. and from 4:00 P.M. to 6:00 P.M. show a total of 40 pedestrians. The pedestrian count fails to approximate the totals required for a pedestrian signal and the location does not meet the Warrants on the basis of its accident record. Therefore pedestrian I signals are not recommended to be added to the existing traffic control signal installation at the intersection of Lowell Street, Maple Street and Winchester Drive. 172 cr cl The Chairman read Mr. Irwin' s letter of May 7, 1965, to the Planning Board, in reply to its letter relative to certain zoning violations. The Chairman read a letter from Mr. Irwin reporting on an investigation he made as a result of Mr. Francis T. Worrell's complaint about conditions on Garfield Street. Mr. Irwin reported that the area on which junk and derelict Complaint cars have been dumped is owned by the Town. re Garfield Mr. Legro advised that the removal of abandoned cars. Street is a very difficult subject, and the removal of the serial number does not prove it is an abandoned car. Abanddjned n Mr. Sheldon asked if Mr. Legro meant the Town had no cars protection over anyone abandoning used cars on Town pro- perty. The Chairman asked what would happen if the Board, not knowing whose carthis is, had it taken away. Mr. Legro replied if the Board documented the value of the car as well as it could, it probably would limit the responsibility of the Town. The Chairman said the Building Inspector, in co-op eration with the Police, could try and find out the owners and find someone to prosecute. If this is not possible, the Board will take whatever legal steps are necessary. The Chairman referred to letter, received last meeting, from Mrs. Margaret F. MacCallum, 10 Pine Knoll Road, rela- tine to connecting to the Bedford sewer line. He reported these people can obtain, through their back yard, ant' ease- ment to connect to Bedford but the Town has an agreement Pine Knoll with Bedford. Road sewer Mr. Cataldo explained the Town would be involved in putting the trunk in Great Road, putting in the lateral and then the service. If the Town eventually sewers Pine Knoll Road, Mrs . MacCallum would not then want to pay a betterment. Mr. Legro advised that the Town of Bedford would make a charge to Lexington under its contract . He also advised if the Board was going to run a lateral up Pine Knoll Road, it would have some difficulty assessing betterments because the property would not be bettered. Mr. Cataldo said he could not see that Mrs. MacCallum would be getting the sewer that much sooner than if it is included in next year' s budget. Mr. Sheldon asked why this couldn't be solved the correct way next spring. Mr. Cataldo pointed out that is what the Board agreed to do last week. The Chairman read a letter from Dana A. Regillo, 16 Laconia Street, in opposition to the closing of that road. He referred to the Selectmen 's Meeting on April 26, 1965, at which time Mr. A. Morris Kobrick, attorney, re- presenting the Lex-Land Construction Company, met with 173 the Board, and asked if at that time it wasn't left that the attorney would go to the County. Mr. Legro said they went to the County and received Laconia the information that the Commissioners felt they had no Street authority to do anything further on the petition of indi- viduals at least. If they were to have any jurisdiction, it would have to come by way of petition from the Board of Selectmen. He said Mr. Kobrick recited some legal theories that this was going to be of benefit to the Town to remove Laconia Street as a traffic hazard and that the statutes authorized towns to discontinue private ways. He asked Mr. Kobrick for further information be- cause he thought they had different interpretations of what the statute means by private way. He said usually it means ways open to the public that are different than Town ways because they are used by the people who benefit from them. He said it does not, in his opinion, give the Town any right to go on private land, as this appears to be, and close up someone's private way. When the County abandoned Laconia Street, it abandoned it as a public way but left it open as a private way for public travel. Mr. Sheldon said that area is owned by people who own both sides of it. Mr. Legro said that was right, but Massachusetts Avenue is owned by the people on both sides, but the Town has an easement for street purposes. II Mr. Cataldo explained the people at the other end of Laconia Street have a right of way over it. Mr. Sheldon said only because it has been used that way. Mr. Cataldo said, and, because of this, the builder can't build on it. The Chairman asked what the Town could do to get this land all back to one owner. Mr. Legro replied the land is all in one owner now, and before he goes into any further discussion, he would like to receive an answer back from Mr. Kobrick, He ex- plained any action taken by the Town should follow action taken to provide some other access to the homes up there such as laying out a way to provide access to those homes. He said the owners periodically post the land. The Chairman read a letter from Mr. Irwin with r efer- ence to proposed construction at the junction of Lowell and Woburn Streets by the Lex-Land Construction Company and said the application is only for Building One, the larger of the two buildings. The parking area require- ments have been checked and the Engineering Department has indicated there are enough provided. He pointed out that the Building Department has ten days in which to approve or disapprove the application, and there is nothing wrong with the proposed construction. Mrs. Hagedorn, Mr. and Mrs. Hudson and several other people from the area were present at the meeting. co 174 n The Chairman advised the group that Mr. Cataldo had cancelled a trip to Cape Kennedy so that a majority of the Board would be present, otherwise it would not have been possible to act on the agenda; He said he did not know in time that the other two members of the Board were going on the trip to cancel the meeting. Mr. Sheldon said the application is in order and has to be approved within ten days. If the man is willing to withdraw it on the theory the Board would support him in closing the street and he is willing to wait until the necessary steps are taken, then if it is all successful, he can build on the lot as one piece. Mr. Cataldo asked about extending the time for thirty days and inviting the builder to meet with the Board to see if this can be all one parcel. Mr. Sheldon asked if the Board isould extend the time for thirty days. Mr. Legro asked what the grounds for extension would be. The Chairman said in the public interest. Mr. Legro said he was not clear as to what was meant by public interest. Mr. Cataldo said if the appointment with the Board was made for next Monday, it would still be within the ten days. The Chairman asked what the time element would be if the Board petitioned the County. Mr. Legro advised that, assuming some of the facts Mr. Kobrick gave to him were incorrect, or his, Mr. Legro's, interpretation as to the facts are incorrect so action would be taken to close Old Laconia Street, before the Board can do that, it has to lay out New Laconia Street and maybe construct it so there will be access for those homes. Mr. Cataldo said the builder agreed to do this. Mr. Legro advised he can't do it. He said if the Town were to lay out and construct some other access, or to lay out the existing new Laconia Street, it would take a Town Meeting to do it. Mr. Catalso said this man has owned this land for several years and he was sure he would wait. Mr. Legro suggested that he talk to him through Mr. Kobrick this week and find out what his position is . The Chairman asked if the Board would do this through Town Counsel. Mr. Legro said he would talk to Mr. Kobrick tomorrow if he can get him. Mr. Sheldon skid this may lead to the owners coming in next Monday night which will not be necessary if it can be handled otherwise. 175 Letter from residents of the Woodhaven area, to the Conservation Commission, relative to the purchase of land bounded by the Woodhaven area and Route 2 by the Conser- vation Commission, was noted and placed on file . Upon motion duly made and seconded, it was voted to appoint the following individuals to the Lexington Police Department as Patrolmen, effective June 4, 1965, at the rate of $5230 per year, pending approval of the Division of Civil Service: Police Appointments Donald J. Rycroft 2227 Mass. Avenue Philip P. Spencer, Jr. 65 Cary Avenue Donald W. Birch 1 Sherman Street Stanley E. Robbins, Jr. 12 Stedman Road The Chairman read a letter from Kenneth M. Knobel, Captain of the Lexington Auxiliary Fire Department, relative to a proposed Firemen' s Muster as part of the Lexington Lions Club observance of July !E, 1965. The Firemen' s Board had no objection. Muster Letter from the Massachusetts Selectmen's Associ- ation Flag Day Committee was referred to the Town Flag Day Celebrations Committee. The Chairman read aninvitation from Donald C. Wetmore, Troop Committee Chairman , Troop #119 Boy Scouts of America, to attend Eagle Scout Awards on June 1 at the Hancock Church. Scout awards Upon motion duly made and seconded, it was voted to have Mr. Burnell represent the Board. Upon motion duly made and seconded, it was voted to renew Garcelon Associates' Intelligence Office License License for a term expiring May 1, 1966. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on May 10, 1965. Minutes Mr. Cataldo referred to the Rindge Avenue taking and said the Board should authorize Town Counsel to start proceedings. Upon motion duly made and seconded, it was voted Rindge to authorize Mr. Legro, Town Counsel, to start the Avenue necessary legal proceedings relative to acquisition of all or any part of a parcel of land situated on Rindge Avenue, authorized by vote of the Annual Town Meeting, March, 1965, under Article 33. Application for use of Estabro4 Hall for an execu- tive meeting was received from the Executive Committee of the Citizens for Lexington Youth. Use of hall 176 cl Upon motion duly made and seconded, it was voted to grant the use of the hall, free of charge, subject 11to the meeting being open to the public. The Chairman referred to the appointment of a 1975 BiCentennial Planning Committee, and recommended that it consist of a member of the Board of Selectmen, the Planning Board and the Town Celebrations Committee. He suggested appointment of these three with powers to Committee expand on approval of the Board of Selectmen . Upon motion duly made and seconded, it was voted that the Chair be authorized to appoint a 1975 BiCentennial Planning Committee to consist of the Chairman of the Board of Selectmen, a representative from the Planning Board and a representative from the Town Celebrations Committee. The Chairman read a letter from the Town Treasurer, Miss McDonough, advising it is necessary to borrow $200,000.00 for Massachusetts Avenue widening, and listing the bids received. Upon motion duly made and seconded, it vas voted to approve the bid of 2.90% at 100.159, submitted by the First National Bank of Boston. Upon motion duly made and seconded, it was voted that the sale of the $200,000.00 2.90 per cent Street Bonds Bonds (Nos. 1 to 40) of the Town dated June 1, 1965* payable June 1, $20,000.00 in 1966 to 1975 to the First National Bank of Boston at the price of 100.159 and accrued interest is hereby confirmed. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- Executive cussing, deliberating, or voting on matters which, if Session made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Following discussion with Mr. Blaisdell, Chairman of the Appropriation Committee, and Saddle Club Road, it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted Meeting to meet on Tuesday, June 1, 1965, Monday being a holiday. Upon motion duly made and seconded, it was voted to adjourn at 9:24 P.M. A true record, Attest: /- ; �, �� e iv� Clex(k, Selec men 1d V 1