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HomeMy WebLinkAbout1964-05-25-min 230 rF SELECTMEN'S MEETING May 25, 196)4. A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, May 25, 1964, at 7 :30 P.M Chairman Cole, Messrs . Brown, Cataldo and Sheldon were present Mr Legro, Town Counsel, Mr. Gray, Executive Assistant , Mr. Carroll, Superintendent of Public works, and Miss Murray, Executive Clerk, were also present Mr. Legro advised that he had an order of taking of a sewer easement between Marlboro Road and Cutler Sewer Farm Road , in which no mention is mdde of betterments easement Upon motion duly made and seconded, it was voted to sign the order as submitted All copies were taken by Mr. Legro. Mr. Carroll reported that he has interviewed a number of people for the Chief of Party position in the Engineering Department and has tentatively hired Richard Collins, 75 Deering Street, Reading, who wants to start at the second step in the salary schedule He felt, based on Mr. Collins ' experience, he is quali- fied to start at the second rate and he will not go below that at all He said he has interviewed a number of people and all of them, with any experience at all, indicated a desire to start at the second step or above. Mr. Carroll said he felt he should start at $5970 The Chairman asked if Mr. Carroll had tried offer- ing Mr Collins step one. Mr Carroll replied that he does not want the position at less than $5970, and has ten years ' exper- ience Mr. Cataldo asked if this is the individual Mr Carroll wants for the position Mr. Carroll replied in the affirmative and re- ported that he is twenty-nine years old, single, not a college graduate. Upon motion duly made and seconded, it was voted to authorize Mr. Carroll to employ Mr Richard Collins, 75 Deering Street, Reading, to filL the position of Chief of Party in the Engineering Department at a starting salary of $5970.00 per year, the second step-rate in the Classification and Compensation Plan prepared by Charles M Evans & Associates 231 Mr. Carroll, with reference to Memorial Day and July 4, said a number of the employees have asked him if the Board would consider going on a skeleton program so the offices would be kept open on those days He said he assumed the Board would have some problem with the Police and Fire Departments on that basis. He said the vacation policy, somewhat ambiguous, states that the employees are entitled to ten paid holidays This year, three holidays fall on Saturday Holidays Mr. Sheldon reported that, as far as industry is concerned, the only people doing anything about the 29th are those involved in a Union contract, and companies not involved in Union contracts are doing nothing Mr Cataldo said he did not realize the Union was involved and stated that eight of the ten concerns he has been to this past week are going to close Friday Some of them will close this Friday and some of them the July 4 weekend Even though no Union is involved, some of them are going to work a Saturday some other date. He mentioned that the way the Evans ' report is written up, it could be interpreted both ways The employees are entitled to ten paid holidays. Mr. Sheldon asked Mr. Carroll for his suggestions . The Chairman felt that other department heads should give their suggestions if Mr Carroll gives his Mr. Sheldon said he did not think the police and fire departments were concerned. Mr. Cataldo recalled that the Board voted to give them the same paid holidays as other departments. Mr. Gray said the police and fire are entitled to the same number of holidays . Mr. Cataldo reported that ten of the fifteen towns he does business with are going tosplit the holidays The Chairman asked how this would affect the budgt, the police having provided for seven paid holidays . Mr Cataldo said this would give them eight days this year The Chairman said in this instance he did not feel inclined, but that he could see the fourth of July Mr. Cataldo said in view of the fact the employees have only seven days this year, he would be in favor of splitting the two days . Upon motion duly made and seconded, it was voted to operate the Town departments with skeleton forces on Friday, May 29, 1964, and on Friday, July 3, 1964, thereby making it possible for Town employees to enjoy one of the long holiday weekends. However, any employee who is out on vacation during either of these days will not be en- titled to an extra day off tx The Chairman asked Mr Carroll where the fence is to be erected on Worthen Road Mr Carrolll replied from the swimming pool parking lot 1,000 feet towards the high school, right across from the Hayden Recreation Centre. The Chairman said that Mrs. George P. Morey feels very strongly about this . Mrs . Morey said she felt very strongly about a fence because she did most of the talking on Town Meeting floor about Worthen Road going tnrough the playground. She stated that the prospect of a chain link fence going even two-thirds of the length of Worthen Road is not what she talked about at Town Meeting, and it disturbs her. She said a chain link fence was needed in an area where there is activities Mrs Morey said there would be children Worthen and people walking through Worthen Road, a great section Road fence of which is not affected by the play area, and something should be done for their safety. She thought a deter- rent fence was necessary She said this is a sidewalk going along the street, and a grassed area between the sidewalk and the street, and a playground at the right. She said if t ere is a chain link fence and a group of children going up the street are fooling, they are going to run out in thestreet If there is a deterrent fence on the left towards the road, the children roughhousing willIfall in there onto a grassed area and a deterrent fence towards the street will be more attractive She 11 said wherever an activities ' fence is needed, it should be chain link The Chairman said that Mrs . Morey brought him a memo today which he read as follows : "The original plan for Worthen Road through the playground allowed for a fence, which we held off on. Do you think a post and rail fence, erected on the street side of the sidewalk, with openings only at crosswalks, might prove a real safety measure. " Mr. Cataldo asked if Mrs. Morey was referring to a deterrent fence, and she replied that she Galls it that . The Chairman explained thnt a major part of this is to blocky,off the playing area `nd to keep the children from running into the street Mrs . Morey said she would like to see a fence on the street side of the sidewalk, eight or ten feet in. She said if there is a chain link fence and the children get playing around, they get thrown into the street Mr. Sheldon asked if there would be a deterrent fence in the middle between the two areas, and Mrs. Morey said it is a safety fence Mr. Brown stated that a deterrent fence, from an aesthetic point of view, should go the entire length of :-yorthen Road and the retaining fence wherever necessary 23 The Chairman asked the cost of a chain link fence, and Mr.Carroll stated less than $2.00 a foot . Mrs . Morey said she paid $1.00 a foot for a post and rail fence. Mr Carroll 's only objection to the rail fence is that he felt there is no deterrent to a child on the opposite side of Worthen Road crossing at any point because it is easy for him to get over it He said a chain link fence is more difficult to get over and they cross the street at prescribed locations . He said he took bids on both a rail and a chain link fence. Mr. Brown recalled that Mrs Morey did talk in terms of a rail fence at Town Meeting, and Mr. Adams, who was present at the meeting, agreed Mr Sheldon said he did not remember the commitment . There is that factor plus the balancing of the aesthetic side of it, and he thought there w s more power of deter- rent in a chain link fence He felt as far as safety for the children was concerned, more could be done with a chain link fence The Chairman asked the Board's pleasure Mr. Sheldon said as it stands now, the fence will be erected. Mr. Carroll said no bid has been awarded. Mrs. Morey said she could see that fence will be needed down towards Waltham Street and her plea would be, the Board has a bid, erect as short a section as it can and see if it wants to go the full way before caging everything in She said the road was sold on no chain link fence all the way through. Mr. Carroll explained that everything now being closed with chain link is play area Mr. Cataldo pointed out that the chain link fence is strictly for the safety of the young children Mr. Sheldon said he was in favor of the plan as discussed, 1,000 feet that substantially encloses the play area with no commitment as to the rest of it The Chairman asked Mr . Carroll to check on the cost of rail and post fence Mrs Morey said the chain link fence could be in four, five or six feet Mr. Cataldo explained that Mr. Carroll was think- ing about the maintenance problem in setting the fence off the sidewalk. He said if the post and rail fence is going to be considered, it would look better with the chain link fence set back He said as it is now, he would go along with the way it is set up At 8 :00 P.M , the Chairman stated that tie Beard had a legal hearing scheduled on the application of tr Raymond F. Boudreau for a liquor license at 40 Worthen Package Road, type of license a retail Package Goods Store . Goods He stated that it had been advertised by the Town in Store a local newspaper He said the Board had received a letter from Mr. Boudreau 's attorney which he proceeded to read He stated, as ne understood it, having ad- vertised the hearing, the Board does have to meet and open the hearing The action the Board takes is another matter He asked if any member of the Board cared to act on the letter. Upon motion duly made and seconded, it was unani- mously voted to take no action on the application. The Chairman stated that if there is to be a hear- ing, there would have to be another application and another notice and hopefully a notice to the abutters He declared the hearing closed. The Chairman read a letter from Paul J. McCormack, attorney for Anthony R. Cat€ldo, owner of land formerly of Swenson, off Marrett Road and Allen Street, inquiring Swenson about negotiations with Mr Swenson since May 1, 1963. land Mr Legro, Town Counsel, and Mr. Carroll, Super- intendent of Public Works, stated they had no negoti- ations with Mr. Swenson. Mr. Legro said, withthe Board 's permission, he would like to answer the letter the wayhe thought it should be g in the interest of the Town Letter wa received from Evert N. Fowle, 12 lAinthrop Road, a copy of which was sent to the members of the Complaint Board, in regard to a possible health hazard caused by drainage from a cesspool located on property of John H. Devine, 19 Slocum Road. The Chairman said the proper procedure was for the Board to refer this to the Board of Health and get a bacteria count . Upon motion duly made and seconded, it was voted to grant permission to the Mystic Valley Gas Company Gas main to locate a six inch welded steel gas main extension in Worthen Road, the proposed location having been verbally approved by Mr. Carroll Letter from Dr. Anton S. Morton, 3 Rolfe Road, with reference to a peat pocket at the r-ar of his property was held over Mr. Carroll presented a plan of the area and re- ported that he had looked at it again He said the lot is unoccupied and he believed it to be owned by 2q U White and Green. He said it is private property and he did not think it was a Public Works ' problem. He explained there is an area of peat thF is very wet and some small child could walk into it . He said he did not think the Board of Selectmen acting as a Board of Public Works would want to get into trying to drain the area. The Chairma81 asked if the Town had contributed to the condition, and Mr Carroll replied in the negative. Mr . Legro asked what caused the condition. Mr. Car_•oll replied that it has been there for a long time When the road was built, going across Woburn Street, they got into a large brook. He explained this brook that ran through here when the subdivision was ap- proved, they had the subdivider pipe it . When White & Green were building the area, they dug a hand ditch back to the pocket of this peat and there is drainage coming out of this area into the drain on Fessenden Way He said he did not think this peat pocket was a problem for the Public Works Department . Mr . Sheldon pointed out that if a hazard exists and it was not created by the Town, it is si4thin the Board ' s power to order the owner of the land to fence it in. Mr. Legro said he did not know of any power as this is not a wall or excavation. Mr. Sheldon said the owner 's position would be this is his land and anyone who walks on it is tres- passing. Mr. Legro said it is private property. The Chairman said if it is a question of filling it in, it is still up to the land owner. Mr. Carroll said that was correct and stated that it would mean 500 or 600 yards of fill. The Chairman asked if it was Mr . Carroll ' s re- commendation that the Board advise the owner of the problem peculiar to the land already in the area and that Town has no liability or law enforcement it can take. Mr. Sneldon sugested that the matter be called to the attention of the land owner to see if he would correct it. The Chairman said the neighbors have already done this. Mr. Sheldon felt it would at 1Fast indicate that the Board had done everything it could M . Carroll said a subconnection could be put in at the manhole if someone else would dig the trench to it. This would be on white & Green land within the Town' s easement . 236 .s. ►v .i^ The Chairman said this was something Mr . Carroll could explore with Green & White. Petition opposing construction of a sidewalk by the St,te on Pleasant Street was held over . Mr. Carroll presented a plan which he received last Friday from the State and advised the Board that Sidewalk it could tell these people that the sidewalk will have very little effect on their property or their trees. The back edge of the sidewalk will be something over ten feet from their property line and most of the trees in front of their houses will not be touched. Upon motion duly made and seconded, it was voted Pole to graht the petition and sign the orders for the fol- locations lowing pole locations, all having been approved uy Mr. Carroll : Oxbow Road, northwesterly from a point approximately 50 feet northwest of Revolutionary Road, -- Sixteen poles . Holmes Roau, southwesterly side, southeasterly from a point approximately 25 feet southeast of Thoreau Road, -- Eleven pole . Guy wire and anchor on 1st pole. Constitution Road, nortneasterly from a point approxi- mately 42 feet northeast of Oxbow Road, -- Eight poles. The Chairman read a letter from Gordon Steele, Chairman of the School Sites Committee, dated May 18, 1964, with reference to an eleven acre parcel of land in the area bounded by Waltham Street , Vine Brook Road and Sherburne Road, which he believed was acquired as a school site and the access to it was acquired for that purposes The Chairman read a letter from the School Committee, with reference to the same parcel of lend, stating that the Committee voted unanimously to advise the Selectmen to retain it for a future school site. Long range school building plans call for a school near the center of Town to replace Hancock and Munroe Schools, and this site is suitable both in size and location for that purpose. Mr. Gray said he talked to Mr. Harold E. Stevens, former Town Counsel, who came into the office, and he recalled that this parcel was tax title. He said the Housing Authority should be so advised. Mr. Carroll retired at 8:20 P.M 2 The Chairman read a letter from Mr . Irwin, to which was attached a copy of his letter to Mr . Irving Currier, owner of the foundation at Countryside about which the Foundation Board ha received a complaint from Mr . Frank Hudson. Mr. Legro said in addition to the violations stated in Mr . Irwin's letter, this also requires adequate set- back and adequate side yard He advised that the vio- lation should be so stated in Mr Irwin's letter if he wants legal action taken Mr. Brown brought up the subj^ct of sand blowing off the parcel of land now underdevelopment on Bedford Street and Worthen Road and reported that the Atlantic Sand and Pacific had contacted the State Borrd of Health. nuisance Mr. Gray reported that Mr. Carroll told him the owners were going to use calcium chloride in an effort to control the blowing sand . Mr. Legro advised that this is a private nuisance, and also that Shell Oil Company was to have its portion hot topped today Letter was received from Mrs. Ruth O ' Connor request- ing permission to sell pony rides through the summer Pony rides months on land owned by her mother, Mrs. W. John Baskin It was agreed to advise Mrs. O 'Conner that the Board has no jurisdiction and that she should apply to the Board of Appeals . Invitati n was received from the Christian High School to attend Ground-Breaking Services on June 14, Invitation 1964, at 3:30 P.M. The Chairman is to represent the Board Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meetings Minutes held on May 11, and May 18, as amended Upon motion duly made ,nd seconded, it was voted to renew the following licenses : Louis Guadognino Bowling Alleys 1698 Mass . Ave . Sunday Bowling n IT " Peter A. Boeing Taxi Driver L Adams street At 8:30 P.M. , Mr. Robert Kent, Dr. and Mrs Sanborn Brown, Reverend T. Landon Lindsay, Reverend Miles R. McKay, Mr. Barry E. Petscheck, Mr. Carl Blake and a Race Mr. Weinstein met with the Board, et Mr. Kent 's request, Relations for the purpose of discussing the futu e of race re- lations in Lexington. I _ Mr. Kent stated that this group of individuals does not represent any organization and has not been sent by the Board of Directors of any organization, for instance, of the Lexington Civil Rights Committee. He explained the group was present because of a con- viction on its part that there is now a need for of- ficial blown involvement in the process of integrating the American negro into the community. He said he understood theie are thirty-five negro families in Town and there will be more, and that actually, this is nothing new. He said the Board knew that some time ago. the late President Kennedy suggested th-t communities establish By-Racial Committees When this was first proposed, there was some reaction that in Lexington the Civil Rights Committee to some extent fulfilled the function of such a com. _ittee. He stated that there are leaders in the Civil Rights Committee who believe that the process is much larger than that and the involvement needs to be greater He thought all these people were members of the Civil Rights Committee but the degree of involvement has varied, and in some instances has beehnominal. One of the difficulties , the leadership of the Civil Rights Committee has not been the leadership of most worthwhile ventures that take place in this Town, and there has been some un- pleasantness here There have been a number of close calls which is not surprising. He said this is a community, a Townwhich is in the spotlight any time something like this comes along. In the light of the proportionment that the public leadership of the move- ment, to welcome and integrate into the community people of other races has not been the usual leadership in Town, the group was asking the Board to consider with it the need for the establishment of some official body with the responsibility to assist in the educational process of the community. He said it would be a com- mittee that would seek to assist the Town in creating an amiable atmosphere where demonstrations would be pointless It has been pointed out to him that the Civil Rights Committee, with over 800 members, has not been successful in drawing members of the business community. The businessman is, and must be, very sensitive with the people with whom he deals . He said he would be free of his doubts if evidence to him was made that the Town led by the Board' s leadership is moving here. This would have an effect in eliminating tensions which do arise The impetus needs to come from leadership of the community. He said he thought the Selectmen, more tuan any other group in Town, re- presents the community leadership. He gave a resume of an editorial in the Bost'.n Globe relating to a housing conference held last Thursday at Harvard, and said that 'i )q somehow the suburbs have an obligation with respect to zoning laws to make available low cost housing. He said the group hopes there will be an official committee of the Town, staffed by persons interested in Lexington moving forward in this area; individuals of the negro as well as the white, but particularly white who are known in the community. It seems totthe group that the impetus needs to come from the official leadership of the Town. He suggested use of the TMMA or a committee to recommend to Town Meeting a committee of a permanent nature, not as a referral from the Board to the Town Meeting, but setting in motion by the Board the starting of some procedure leading to an official Town committee with educational functions, with fact-finding functions, with recommending functions. Mr. Legro left the meeting at 8 45 r .M. The Chairman asked if most of the individuals present were involved in the Civil Rights ' group, and Mr. Kent replied that all are members of the Civil Rights, and more than half have been active in the front line leader- ship The Chairman asked if their dissatisfaction was with the leadership Mr. Kent replied in the negative, and stated there is a feeling tilt a committee lige the Civil Rights Com- mittee has certain limitations, and there are those who have not been active in the leadership. He stated that after the group discussed thisk they felt a Civil Rights Committee of an acknowledged group is not enough and there is a need of an official character Many of the Civil Rights ' people are new in Town The Chairman asked if Mr. Kent was saying the Civil Rights ' group was inadequate to perform all the functions of a committee in relation to this problem. Mr. Kent replied in the affirmative and said there is a neEd for official Town involvement The Chairman asked if any consideration was given to the fact that Lexington may not be the same as Cambridge, Maryland, and Mr. Rent replied in the affirm"tive. The Chairman asked if the group felt the need still exists Mr. Kent replied, very definitely, but not for the same reasons one needs a crmmittee in Maryland, but for reasons not so different. He said it is needed to help the To n to reach the point where there is a wholehearted acceptance by all of all the implications of inter-racial living in a community. He said he thought a committee interested in the subject would have been of great use to the Town at the time of the demonstration on the Green He said the Town is not immune to more of this sort of thing, and it is not just a case of avoiding trouble, 2 40 but of acceptance He said he has been told there are thirty-five negro familids in Town. These people have not been fully integrated into the life of this community. The group feels the time is right for some major effort. The Chairman asked if Mr. Kent was recommending that the Board of Selectmen appoint a Ludy committee or re- commend at the Town Meeting a By-Law Committee Mr. Kent replied that he has no blueprint and would would have more respect for the Board 's judgment He said a By-Law Committee would be a desirable end. Mr. Brown asked if there were any communities in this region who have taken similar action. Mr Kent replied that he did not know One of the gentlemen said he believed the City of Newton has done something like this . Mr. Sheldon asked what Newton did, and he replied that he was not sure, but there is a committee Reverend Lindsay said the Board could do a lot to en- courage the ministers and businessmen. With the Real Estate men and restaurants, much could be done by an official committee to set the moral tone He said maybe there has to be a decision as to how this has to worked ottt. Rather than letting events come before something is done, it would be better for the Town to be set to handle these things before they come along. Dr. Brown said he has been a member of the Civil Rights ' organization for a long time, but not active. One of the important things is the fact that the people who have been working hardest are people whom the leaders in Town do not know. They are not prominent in the local politics, and the important thing is an official Board like the Selectmen to take a real stand to strengthen the hand of the people who would like to prevent real serious instances from occurring in Lexington by having an official blessing on some organization. He said it is very important from a point of view of the leader- ship of the Town to have a board like the Selectmen to set up a committee with an official Town standing rather than a group which has gathered itself together. He said it is important tha the Board take a stand to deal with future problems . Mrs . Brown said the matter of facing responsibility needs status, the kind of status such as the Board of Selectmen. Some of thegroup and some of their friends would like to help give it and they are not present with any inside dope. She said she was onebf the gathering over a long time membership, and the group feels there is something needed separate from the Civil Rights Com- mittee and this was not anticipated by the Civil Rights Committee. Mr. Carl Blake said the group was attempting, through this meeting, to get some leadership from the highest 241 officials in Lexington. One of the reasons is an aware- ness that more individuals within Town are going to be confronted with the decision of how they are to react to the presence of negroes in the community. It will deal with the real estate men, neighbors and businessmenti: Through an act of the leaders of the community, the way will be pointed of an acceptance of these minority groups . The Chairman said his own personal opinion on the zoning legislation was that it could breed segregation. Mr Kent said if that was an issue here , how much better to sit down with a committee already with an of- ficial standing. The Chairman said mush has been said, but he thought it has to be digested and suggested that the Board take it under advisement and that it study the thoughts. He said he had a feeling that there is a dual approach; one is, to each one on a moral basis and an approach as an elective body. Mrs . Brown said she hoped the board would consider whether there is anything to be lost by taking a stand of some kind as a Board of Selectmen representing the most conspicuous governmental body of the Town The Chairman stated that many times the Board takes a stand whether there is something to be lost or not . Mrs. Brown said there is nothing wrong about being right . Mr. Kent said he would be delighted to have the Board take this under advisement, and after it has done this and thinks it would be fruitful to explore the matter further, the group would be glad to do so. He said whatever the Board does , the group would appreciate hearing from it . The group left at 9 :07 P.M. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discuss- ing, deliberating, or voting on matters which, if made Executive public, might adversely affect the public security, Session the financial interest of the Town, or the reput-tion of any person. Following discussion of proposed use for land in Hartwell Avenue complex, meeting with Civil nights ' group, tax title lots on Circle Ro?d , Bedford Air Force water , it was voted to resume the open meeting. Mr. Carroll reported that he talked to Mr . Donald E. Nickerson about the partition in the Selectmen's Room. Mr. Nickerson said in order to fix the corner posts, he has to have some type of a brace and he said, the most satisfactory brace they have worked out is a two inch 242 �y z wide by one half inch steel strapping down along the floor. This is one half inch high, and in order to keep it from the way of the people, he will have to remove the tiles, drill out the concrete below it and set this below the tile. Mr. Nickerson's partner felt he could not replace the tile. The partition would also have to be tied to the floor by drilling and also attached to the wall Mr. Legro retired at 10 :15 P.M. Mr. Gray said he did not think the Board wanted a patch job on the floor in the Selectmen's Room, and he would forget the whole thing rather than ruin the room. It was agreed that Mr•. Gray should check further. List was received from the Division of Civil Service of eligible appointees in order of standing. Civil M Mr. Gray was requested to check with the Chief Service to see if some of the names on the list would state list in a letter that they are not interested in the posi- tion of patrolman Mr. Cataldo reported that the Route 3 Advisory Committee has come up with three suggestions . One, they request that any proposed studies for the extension of Route 3 consider as the origin, the present terminus of Route 3 at Route 128. Two, that the Town strongly recommend that Route 3 be terminated at Route 128 with traffic proceeding south on Route 128 to Route 2 He said the Committee feels the Board should reiterate its request. ThreeT Traffic signs should be installed as soon as practicable indicattgthat Boston bound traffic from Route 3 should proceed south on Route 128 to Route 2. Mr. Cataldo explained with reference to the third item that it was referred to the Traffic Study Committee and that Committee in turn sent in a request which is being granted. Upon motion duly made and seconded, it was voted to accept the three suggestions recommended by the Route 3 Advisory Com. ittee A letter is to be sent to the Department of Public Works. The meeting adj rued at 10 :22 P.M. A true record, Attest : --gactictra7verk( Selectmni ' J �} 1