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HomeMy WebLinkAbout1963-05-20-min X42 3C wtC SFT,RCTMEN'S MEETING May 20, 1963 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, May 20, 1953, at 7:30 P.M. Chairman Cole, Messrs . Cataldo, Brown and Burnell were present. Mr. Gray, Executive Assistant, Mr.Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present . Mr. James J. Carroll, Clerk to the Board of Regis- trars, met with the Board for the drawing of two jurors Jurors The following individuals were drawn for jury duty: Richard W. Chase, 111 Burlington Street, and Louis A. Martineau, 516 Massachusetts Avenue. Mr. Carroll retired. The Chairman stated that Mrs . Garber, represent- ing Temple Emunah, called the office and requested per- mission to conduct a car wash, pony rides and the sale of tonic on Sunday on property owned by the Temple and lo- cated on Route 2. Chief Rycroft had been contacted and was not opposed. The Board had no objection. Mr. Carroll referred to bids taken last week for a sidewalk tractor and recalled that the low bid of $5,194 Tractor bids was received from Cassidy, Lee, Inc. and the second bid of $5,537 was received from Davis Tractor. He reported that he looked at both tractors, checked into the cost of maintenance and recommended acceptance of the low bid. Upon motion duly made and seconded, it was voted to accept the low net bid of $5,194 submitted by Cassidy, Lee, Inc. for a Case Model 310-E tractor. Mr. Carroll reported that bids were received today for construction of a small field on the Baskin Play- ground. Deflice Bros. submitted a bid of $8,950 and Baskin Dield Arthur Schofield, Inc . submitted a bid of $9,500. He bid said he was well acquainted with Deflice Bros . and re- commended that the contract be awarded to them. He ex- plained the bid is under the appropriation. Upon motion duly made and seconded, it was voted to award the contract to Deflice Bros. , the low bidder, at $8,950. 343 Mr. Carroll said he had funds in his budget to con- struct an addition to the building at the Center Play- grbund used by the Park Department for storage. He Building submitted a plan prepared by Mr. Harry Erickson of a addition 9t x 22° addition and explained that he was limited to a certain width by the side yard distance. He said he has not decided whether to use Town help or to let this out on contract. Upon motion duly made and seconded, it was voted to grant permission to the Mystic Valley Gas Company to locate a b. inch welded steel gas main in Lowell Street, Gas main the proposed location having been approved by Mr. Carroll, the extension to conform to his specifications. The Chairman read a letter from Mrs . Audrey Hildreth, 97 Bedford Street, claiming damage resulting from a break in the water main in front of her home. Claim Mr. Carroll read a report submitted by Mr. Colella, Assistant Superintendent, and said it is a question as to whether or not the Town was negligeht in repairing the break and stated that it was repaired within half an hour. Mrs. Hildreth' s cliim was referred to Town Counsel. The Chairman read a letter from Mr. William S. Emerson, 22 Thoreau Rodd, requesting the Town not to spray his trees and stating that he prefers not to have his place doused with DDT. Mr. Carroll explained that the Town could not go onto private property if the owners were opposed and reported that some of the people in this area have Spraying called and advised that they hoped the spraying would continue . He said he has also received calls from people who do not want spraying. He suggested that the Board discuss the subject with Mr. Mazerall, Super- intendent of Insect and Pest Control. He stated that Mr. Mazerall is well versed in what materials should be used and his men are very capable. He said the situ- ation has reached the point where some people want spray- ing and others are opposed, and he thought some opinion should be obtained from Town Counsel as to the Town' s responsibility. He explained that in spraying a street, it is almost impossible to keep the spray from drifting. He said Mr. Mazerall would prefer not to spray if he is to be held responsible and Mr. Carroll told him it was his responsibility to spray the trees along the streets. He reported that there are about 5,000 public elm trees in the town. 344 CETC4 It was agreed to refer the sub jBct to Town Counsel and also to invite Mr.Mazerall to meet with the Board next Monday The Chairman read a letter from Julian S shni ck, L. Douglas Road, stating that he and some of his neighbors are concerned about the traffic situation on Douglas Road. He asked to have "Stop" signs placed at Douglas and Cooke Traffic Roads. Mr. Burnell reported that the Traffic Study Committee held a meeting this evening, at which time this communi- cation was discussed. He reported that these two roads were also checked before the meeting and Chief Rycroft agreed to have traffic counts made in the morning and evening - going to work time and coming home from work time - and will report to the Committee within two weeks . It was agreed to advise Mr. Soshnick that the Com- mittee has this under consideration and that it will be necessary to have traffic counts made which will take possibly two weeks Upon motion duly made and seconded, it was voted to amend the Traffic Mules and Orders in the following form: AMENDMENT TO THE TRAFFIC RULES AND ORDERS, TOWN OF LEXINGTON, ADOPTED BY THE BOARD OF SELECTMEN, MAY 20, 1963 ARTICLE VIII Section 11 (Stop signs) By adding to this section the following: North and southbound drivers on Harding Road at Simonds Road North and southbound drivers on Gleason Road at Simonds Road North and southbound drivers on Dexter Road at Simonds Road North and southbound drivers on Bertwell Road at Simonds Road Northbound drivers on Preston Road at Simonds Road North and southbound drivers on Blake Road at Simonds Road Eastbound drivers on Preston Road at Simonds Road. North and southbound drivers on Sherburne Road at Winthrop Road. /s/ Otii_ S. Brown, Jr. Board Levi G. Burnell of Robert Cataldo Selectmen II Adopted May 20, 1963 A true copy, Attest : Hazel J. Murray executive u.Lerk, Selectmen affil 4- ' May 21, 1963 Then personally appeared the above-named Hazel J. Murray, Executive Clerk, Board of Selectmen, and acknowledged the foregoing to be her free act and deed, before me, /s/ James J. Carroll Notary Public Term 2/26/66 Mr. Carroll said he was most concerned about the Grove Street sidewalk and reported that Mr. Clifford Birch, 31i. Grove Street, told him the people on Grove Street were willing to grant easements and he advised him that this would be considered when the time came. He explained that the section of sidewalk from Burling- ton Street to the Estabrook School will eliminate twenty-nine bus riders. He stated that if the Board is considering the Fern Street sidewalk, the street should be relocated, which involves two houses. Mr. Burnell asked if Mr. Carroll had a solution to Fern Street. Sidewalks Mr. Carroll replied as far as he is concerned, the only solution is to build the street which in- volves removal of two houses and as a rough estimate, it would cost about $1.0,000 without any land taking. Mr. Burnell referred to the Maria Hastings School and asked if at one time a recommendation was made to do some work on the easterly side of School Street. Mr. Carroll said if the Board would authorize him this evening to do Grove Street, he would then obtain a more definite recommendation from the School Department . He saidhe could advise the School De- partment that the sum of $30,000 has been committed to Grove Street and ask for a priority list beyond this and tell the department to figure approximately $4.00 a foot, measure these out and advise what streets they want sidewalks constructed and why. Mr. Burnell asked if referring this to the School Department was the correct way to handle it. He asked if the Board didn't have a long range program, giving preference to sidewalks on major highways. He said he did not think asking the School Department to sub- mit a list was the way to do it. Mr.Carroll stated the only way to evaluate the need for sidewalks was through the School Department. He suggested that perhaps the department should be asked for complete information on the sidewalks re- quested so the Boa d could then determine where to 346 1., ml C- build them. He stated thatstthe present time, the Town is building side:aalks for children going to and from schools, and it has to depend on the School De- partment to a great extent for the information needed. Mr. Burnell pointed out that the School Department changes its pattern from time to time, and therefore it seemed to him that the Public Works Department should plan sidewalks taking care of the major highways first. He said sidewalks are not needed in neighborhood areas. Mr. Cataldo observed that some streets such as Oak Street will never change. Mr. Carroll asked about a decision relative tothe Grove Street sidewalk . Upon motion duly made and seconded, it was voted to approve an expenditure of $30,000 for the construction of a sidewalk on Grove Street from Burlington Street to the entrance to the Estabrook School and from Gould Road to Coach Road The Chairman asked what the Board wanted to do rela- tive to Mr. Carroll approaching the School Department and Mr. Cataldo replied that the department should be asked for figures and not recommendations, and the Select- men should then consider the streets that are most da ngerous for travel by children. The Chairman suggested, and the Board agreed, that Mr. Gray and Mr. Carroll contact the School Department, and following a conference on the subject, submit facts and figures to the Board. At 6:15 P.M. , Representative John Brox met with the Board, at the Board's invitation, to discuss veto power as it pertains to the proposed construction of Route 3. Mr. Brow reported that Cambridge, Somerville, Medford, Malden, Saugus and Springfield now have veto power. He explained that no funds can be expended for new highway construction in these cities and towns unless approved by them. The Chairman said the Board thought it would be desirable for Lexington to have the veto power. Mr. Brox explained that the Act would have to be amended, which would call for a new bill unless the Governor submits a new bond issue this year and the new bond issued amended as it was amended in 1961. He said he was not sure whether that amendment applied only to the money in that particular bond issue or not. He said he did not vote for these amendments when the matter was before the House. He said it might be very difficult to have an amendment submitted and accepted a on a new bond issue if there is to be a new bond issue, but it would have to be on a new bond issue. He said at this time of year, he would not file a late-file bill. He said he understood the whole thing is going to be challenged because it is felt to be discriminatory. He stated that the cities and towns, that do not have this privilege, the Department of Public Works, and the Bureau of Public Roads, are going to challenge it. The Chairman stated that the Board is looking for any kind of relief possible. Mr. Brox said that at a hearing held by the De- partment of Public Works, Mr. Ricciardi was asked if this privilege would be extended to other cities and towns that do not have it, and he answered in the af- firmative. He suggested that the Board let him ex- plore this and see what he can accomplish, and if there is going to be a new bond issue, see if he could get an amendment on that new issue. He said the first thing he would do would be to talk to Mr. Ricciardi Mr. Brox retired at 8:28 P.M. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held Minutes May 13. Upon motion duly made and seconded it was voted to appoint Mr. Robert E. Bond, 6 Demar toad, to the Recreation Committee for a three-year term expiring Appointment April 30, 1966, replacing Mr. Benedict Bertini, who resigned. Letter was received from Mr. Donald R. Grant submitting his resignation as a Trustee of the Bridge Charitable Fund. Resignation Upon motion duly made and seconded, it was voted to accept Mr. Grant 's resignation with regret. Upon motion duly made andseconded, it was voted to appoint Mr. Lawrence A. 'ullivan, recently appointed Appointment to the Trustees of Public Trusts, a Trustee of the Bridge Charitable Fund for an unexpired term ending March 31, 1966. The Chairman read a letter from Mr. William Roger Greeley asking if there is any way the Board of Selectmen can grant licenses to serve liquor with meals to certain Inns of proven competence, with particular reference to The 1775 House. Liquor The Chairman stated this question comes up on the ballot every two years, and if a majority of the votes are in the affirmative, it is then up to the Board to grant such licenses. 348 Comi There seemed to be some misunderstanding as to the number of licenses, in the event the Town voted in the affirmative, and it was agreed to obtain an opinion from Town Counsel. The Chairman read a letter from the School De- partment relative to tickets for the Graduation Ex- 'Graduation ercises at the High School on June 12. Mr. Gray was requested to check with the depart- ment heads to find out who might desire tickets. Upon motion duly made and seconded, it was voted to proclaim the week of May 27 as United Fund Agency Thank You Week. Further consideration was given to Mrs. Thomas Delfino' s offer of $50 for Lot Li., Block 88 Reed Street. A proposal to sell this lot was advertised in the May 9, 1963 issue of the Lexington Minute-man. No one con- tacted the Selectmen's Office as a result of the ad- Tax title vertisement. Upon motion duly made and seconded, it was voted to sell and convey Lot 4, Block 88 to Mrs. Theresa Delfino fof $50, plus a sewer betterment in the amount of $113,36, subject to the provisions that lot 4 be combined with lots 1, 2, and 3 to make one lot. A questionnaire from the Boston Broadcasters, Inc. was referred to Mr. Gray. Upon motion duly made and seconded, it was voted to grant permission to The Lexington .Fire Fighters Use of hall to conduct a Record Hop in Cary Hall on May 31, 1963 from 8:00 P.M. until 11:00 P.M. , subject to the usual provisions. Upon motion duly made and seconded, it was voted License to grant a Taxi Driver License to Lawrence B. Sullivan, 8 Warren Street, satisfactory character reference having been received from Chief Rycroft. Upon motion duly made and seconded, it was voted License to deny Mr. John J. Barbiers' application for a Taxi Driver License, Mr.Barbiers being under twenty-one and does not have a Driver's Education Cerfificate. Upon motion duly made and seconded, it was voted Warrant to sign the Warrant calling a Special Election for Monday, June 17, 1963. 349 Upon motion duly made and seconded, it was voted to sign a Sidewalk Order for the construction of a Sidewalk sidewalk in front of house #20 Winthrop Road. Order Mr. Gray referred to Dr. Howard Smith' s offer of $700 for lots 59 and 60 on Ivan Street and reported that he had received an appraisal of $3,800 to in- clude betterments totaling $756. He recalled that the Planning Board has no objection to selling the lots Tax title but recommended that they be combined to make one building lot. Upon motion duly made and seconded, it was voted to entertain an offer of $3,800, betterments included, subject to the provision that the lots be combined into one building lot Mr. Gray referred to Mr. Francis K. Morse, Attorney for Alfred Iodice, offer for tax title lots (22. .. 28, irc. , Marvin Street, and reported an appraisal figure of $1,000. Upon motion duly made and seconded, it was voted Tax title to entertain an offer of $1,000 subject to the provision that the lots be combined with existing lots owned by Mr. Iodice. Mr. Gray reported that Mr. Frank E. Peters, of the Hunt 's Three Ring Circus, came in with a letter requesting permission to exhibit in Lexington for one day, giving an afternoon and night performance, pro- viding suitable grounds are available. Circus Mr. Gray told him if he found a sponsor and also a location, he would present the request to the Board. Mr. Gray's action in the matter was approved. Mr. Brown referred to a complaint registered by Mr. Zeller, Bryant Road, about the debris left by DeVries Construction Co. He submitted snapshots taken Complaint by Mr. Zeller that indicated Mr.DeVries has been dump- ing there. He suggested that Mr.Carroll, who has had dealings with Mr. DeVries, contact him and ask to have ,,he area cleaned up A group of residents from Middle Street came into the meeting and the spokesman, Mr.James J. Buckley, Jr. , 46 Middle Street, asked what the Board has done or in- tends to do about the discolored water. Mr. Carroll explained that installation of a 24" Complaint re water main has caused a reversal of flow in the area water that has stirred up the rust in the pipe that was laid in 1913. He reported that from the date water was put a0 through the 24" line, he has had complaints and he has been continually flushing the line. Recently he con- tacted Whitman & Howard and was advised to flush these lines at a high velocity and let it go for a number of hours. This was done last Thursday night in Middle Street and Cary Avenue for about five or six hours. The next day the water was clear but shorty after, it was bad again. He explained that he had a man out last night and concentrated on Middle Street but the water was rusty again. He reported that Mr. Moloy is out tonight and Mr. Carroll was also going up this evening and flush all night. He stated that the Whitman & Howard representative told him the only remedy is to get the water flowing through the main at a terrific high velocity. Mr. Carroll also contacted the MDC and will have them take samples of the water in Middle Street . He said he personally was sure the water was not unhealthy, but to relieve peoples ' minds , he will have tests made. He reported that he had a sample from Downing Road tested and there is nothing wrong with the water but it does have a color. Mr. Carroll stated that he is doing everything that he can think of to solve the problem. He said if what he does tonight doesn't work, he will Shave the repre- sentative from Whitman & Howard come out and work with him on the problem. He explained that a phosphate treatment is being put through the lines but this does take time. Mr. Buckley, who stated that he knows something about water, discussed the subject and asked Mr. Carroll several questions. Mr. Carroll informed the group that he is doing everything possible to correct the situation. Mr. John F. Cogan, 29 Patterson Road, was present at the meeting and said for two weeks he has read about the Town Election and had some question as to the pro- priety and reason for the election. He said he knew, having read the reports, there was some disagreement among the Board members as towhether or not an election should be held. He stated he was taking issue of calling an election when there was not appropriate time for candidates to take out papers and said the election was called for a date on which there was no opportunity for nominations . He said he understood one of the Selectmen was helping someone file so he did not think it was a predetermined result, but would like some assurance that this would not happen again. The Chairman explained that the Board received a 351 petition dated May 6, and the law provides that the Board must, in forty-five days, call an election. He explained that it has been customary to hold elections on Mondays and the last Monday fell on the forty-second day, which was June 17. He stated that the Registrars have to certify the signatures and this is done twenty- eight days before the election which takes it back to May 20, and the closing date for nominations, May 13. He explained that normally this would have been all right, but at the last Town Meeting, a statute was accepted whereby the final date of obtaining nomination papers shall be forty-eight week day hours prior to the day on which the papers are required to be submitted to the registrars for certification. He said it was un- fortunate that this slipped everyonets mind, but the statute was in effect and Mr. Carroll did not forget it. He said he doubted if this situation would ever happen again. Mr. Hogan said he could see no reason to spend money to hold an election that is not an election . The group retired at 9:20 P.M. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating, or voting on a matter which, if made public, might adversely agfect the public security, Executive the financial interest of the lown, or the reputation Session of any person . Following discussion with Mr.Carroll pertaining to matters of his department, it was voted to resume the open meeting. Mr. Carl Blake met with the Board relative to Route 3 and stated last year the Town Meeting Members Associ- ation formed a committee of three, of which he was Chair- man. The committee was charged withthe duty of looking into Route 3, obtaining information and reporting back to the Association. They started by working with the Green book, had a number of safaris to different places, visited the Maguire Associates, conferred with Chief Rycroft and the Fire Chief. He said after they got into this, they concluded that the day to day decisions on the disposal of Route 3 will be of a political nature. He stated that he thought he could build a case to convince the Board that acute 3 will not end where it is now. He said greater depth in the legal area is needed, what the rights of petition are, and what can be done through the General Court. Mr. Blake said he would like to have the legal and technical areas pursued and felt the Town would be well 352 Cr disposed to put some of its tax money into a study. He said he hoped a committee, or subcommittee, could be formed, and ffiat this committee would have money with which to engage legal counsel. He also had a list of people who want to be helpful. The Chairman explained that the Selectmen have tried, in conjunction with the Planning Board, to obtain as much information as panible, and he was in favor of having some committee follow this through. Mr. Burnell said it was most helpful tohave a committee like this that has the backing of the Town Meeting Members, that the Board is very much concerned and is working on this continually. Mr. Cataldo said he would like to work on the committee if one is formed, but questioned the wisdom of going out in so many different directions. He sug- gested that the board wait to hear from Representative Brox. The Chairman said Mr. Blake is looking for leader- ship now, and he thought the Board should provide it. Mr. Cataldo agreed that the suggestion had much merit but said he thought very serious consideration should be given to appointments to the committee. Mr. Carroll left the meeting at 10:35 P.M. to attend the Planning Board meeting. Mr. Burnell asked if the Board agreed that a com- mittee should be organized. The Chairman said he thought the Board agreed, and when it has more time than is available this evening, it would give thought as to who is to serve on the com- mittee. He told Mr. Blake that the Board would contact him. Mr. Blake retired at 10:40 P.M. The Chairman read a letter from Louis Green, at- torney for Girrac Realty Trust, relative to the Board' s letter notifying the Trust of a trunk sewer easement Sewer ease- taking. ment - The Chairman also read a letter from Mr. Legro Carrig suggesting that the Board acknowledge receipt of the letter and state that an appointment will be set in the near future. Mr. Legro felt that within two or three weeks, additiohal information will be available to per- mit a more useful discussion. Mr. Legro arrived at 10:40 P.M. Upon motion du_y made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating, or voting on a matter which, if made public, might adversely affect the public security, Executive the financial interest of the Town, or the reputation Session of any person. Following discussion of the Evans' report and Board meeting procedure, it was voted to resume the open meeting. Mr. Legro referred to Mr. Gray' s discussion with the Board on May 13, 1963, relative to an agreement between M.I.T. and the Town to pay $12,500 a year in lieu of taxes while the land was in M.I.T. ' s name. M.I.T. He reported that M.I.T. conveyed, on May 1, 1963, lots agreement 1 and 2 on Wood Street to the United States of America and there should be no problem on the proposal dis- cussed by Mr. Gray at the meeting of May 13. Upon motion duly made and seconded, it was voted to authorize Mr. Gray to follow this through and see that the money is collected. The meeting adjourned at 10:55 P.M. A true record, Attest: ,E`xecutive ierky Seleetmer L6�