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HomeMy WebLinkAbout1953-08-03-min 52 LIE CL SELECTMEN'S MEETING August 3, 1953 A regular meeting of the Board of Selectmen was bold in the Seleotmen's Room, 9.bwn Office Building. on Mdhday evening, August 3,1953 at 7:00 P. M. Chairman Reed, Messrs. Nickerson and Bateman were present. The Clerk was slab ,present. Mr. Carroll, Town Clerk, met with the Board for Juror the drawing of one furor for a Jury pool, Septeffiber 2, 1953. Miriam L. MacArthur, secretary, 20 Bernard Street, was drawn. Mr. Carroll retired at 7:03 P. M. Mr. & Mrs. Emerson Layne, 1652 D'Aasioe Street, Quebec and Chief Rycroft met with the Board. The Chairman said that he was sorry to meet under the circumstances and that the incident, which caused Complaint the meeting, was an unfortunate one. He said that the re: Officer Board felt Mr. Payne's complaint was worthy and asked Belcastro him to come in. this evening and go over it so that the Board would have full detail. He explained that the Officer was not present because the Board felt it would be much better to hear from Mr. Payne and then discuss the matter with the Officer. Mr. Payne said that be was in Lexington, coming back into the town,, and Officer Belcastro stopped him. He was doing traffic duty. Mr. Payne said he was the first car and the officer put up his hand and he stopped. After that the traffic passed for going north and south and about two cars going west and he beckoned for them to come. Then there were two girls started across the street. He walked over towards the sidewalk as if he were going home for supper. Mr. Payne then started to edge ahead and went not more than •four feet, he was sure, when the officer put up his hand and told him to .stop. He said the officer was very abusive and said, "You damned Canadians might drive like that over there, but you can't drive like that over here." He said that the officer hollered at the top of his voice and told him to get back. Mr. Payne said that he did not answer the officer, but he did go to the police station in the meantime. Then the officer told the traffic coming north and south to start and he held him therefor about ten midarea. He said it was very embarra$•ARg and very humiliating because he had his wife with him. The officer asked him if he told him to move, but Mr. Payne did not angrier. He said that tha officer knew 53 very well he did not tell him to move. He said that he asked him the second time and was very abusive then. Mr. Payne said the fact that he called them damned Canadians -- he could not know who they were although he does have Quebec plates on his car. The Chairman said that the Board intends to have the officer in and would let Mr. Payne know just what action is taken. Mr. Payne said that he would be leaving on Thursday or Friday of this week and will be in Portland for awhile and then in New Brunswick. He will not be back home for two weeks. The Chairman said that the Board may let him know before he leaves Cambridge, but if not, would write to him at Quebec. He assured Mr. Payne that the Board would give the matter consideration. Mrs. Payne said that she hoped it would not mean that the officer would lose his job. She said she felt he should be reprimanded, but they would not want him to lose his Job. Mr. Payne said that to listen to the story it might not seem as serious to the Board as it does to him. He said that he was going_ to Connecticut but stayed over to meet with the Board. The Chairman said that the Board felt it was important enough to have him come in and also asked the officer to come in to hear his story. He explained that sometimes people do not want to come in and then the Board has nothing to go on. Mr. Payne said that he has been Doming to the United States for fifteen years and this is the first time he has ever had such an experience. Mr. Nickerson said that it will be important when the Board has the officer in that it have a correct statement of facts. He said that he was amazed to hear Mr. Payne say that the officer kept him there for ten minutes and that sometimes in an embarrassing situation a minute seems like five. Mr. Payne said he thought at the time the officer was punishing him and he kept them there at least ten minutes if not more. Mr. Nickerson said he just wanted to make sure. Mr. Payne said that if the officer tells the Board anything different than that he moved more than four feet without his permission, he would not be telling the truth. Mr. Nickerson said he did not have the slightest feeling that Mr. Payne 's statements were not correct, but when he mentioned the time he felt obliged to check it. He also asked if the word damn was the most in- sulting things Mr. Payne replied that that was exactly what he said: "You damned Canadians might do that over there 54 r-y but you can't do it here." He said that he ooUld not tell if those were the exact words, but it meant the same thing and he used the words "damned Canadians ". He said that the officer did not swear, as he knows of, other than that. He said that he took him so by sur- prise that he could not open his mouth, and he thought it was an officer's place to assist him. He said that sometimes officers are more lenient than they would be to local people. He said that it is not his' policy to violate any traffic rules and there was an error on his part that he started. He said it seemed to him while the officer was waiting for the traffic to move the other way, he had a good chance to look at the license, and he was sure he would not have dared to speak to a local per- son like that. He said that he did not give him a ticket because the next day he might be in Canada. He said that the fact the officer saw it was a foreign car, he may have had a chip on his shoulder. Mrs. Payne said that it may have been a bad day, and she usually discourages her husband from reporting anyone, but she felt that this should be reported, and they were very embarrassed. Mr. Payne informed the Board that he has reported the incident to the A.L.A. , and he also went to see the Canadian Vice Consul, He said that he does not ,intend to drop it unless the officer is reprimanded in some way. The Chairman said that he would be in touch with Mr. Payne, and they retired at 7;15 P.M. Chief Rycroft read a letter addressed to the Police Department by Frank Vietas of Bedford register- ing a complaint about Officer Belcastro which he re- ceived a week ago. At 7:25 P. M. Officer Belcastro met with the Board. Mr. Stevens, Town Counsel, arrived at the same time. The Chairman said that the Board had requested him to come in this evening, not as a summons, but for an informal talk and explained that people had been in who complained about discourteous treatment they received last Thursday at 5:15 P.M. at the corner of Waltham Street And Massachusetts Avenue while he was directing traffic and it was a Quebec car. Beloastro said that he remembered the car and, if he remembered correctly, he had traffic stopped in all directions for people crossing the street. He said he was going to bring the traffic out of Waltham Street and a Quebec car came down through. He put his hand up and he kept creeping. He put his hand up again and said to him that we don't do the same here as they dc? in Quebec and asked him to back up please. '•He said as far as abusive language, no. The Chairman asked if he used the word "damn" 55 and Belcastro replied not to his recollection. The .Chairman asked if he left his post and went to the sidewalk while he had the. car stopped, and Belcastro said not that he recalled. Mr. Nickerson asked how long he kept the car there, and Belcastro replied until the traffic went up Waltham Street. The Chairman asked him how long he kept,Lim there after he stopped him and he replied just long enough to get the cars out of Waltham Street. He said he did not think he was held up longer than anyone else. When he went by he smiled at him, and a girl in the back s.,ot smiled back. He said that he did not recall using any abusive language. The Chairman said Mr. Payne was very much upset when he met with the Board and that is why the Board had asked Belcastro to come in singley and discuss the matter. He said the Board would like to know that he use the utmost courtesy when he does stop anyone even for a traffic violation and especially to people out of state or out of the country. He said they are tourists and may not be familiar with our traffic rules or hand signals. Belcastro said that in Canada they do have odd ways, and that is why he made that remark. He said he asked him to back up and denied emphatically about use of abusive language. IIMr. Nickerson said that the Board has had two sides of this and would like to have the officer give his guess as to how long he kept the car there - how long he cooled him off. Belcastro replied that he did not stop him any more than the rest of the traffic. There was a line of traffic Doming down Massachusetts Avenue. He did not time him. Mr.. Nickerson said he was coming out Waltham Street. Belcastro said the car he meant was going on Massachusetts Avenue. The Chairman said the Board thought he was coming out Waltham Street. Mr. Nickerson said that was not pertinent and asked bow long he kept him there. Belcastro replied not any more than a minute. He said there isn't much traffic at that time of night. The Chairman said Dir. Payne said there was no one behind him so the Board thought it must be Waltham Street and not Massachusetts Avenue. Belcastro said he distinctly remembered a Quebec oar coming down Massachusetts Avenue. Officer Belcastro and Chief Rycroft retired at 7:30 P. M. Chairman Potter and Messrs. Hynes and smith of the Cemetery Commissioners met with the Board. 56 r•� C.� Mr. Potter said that he does not know *tether the Clerical Commissioners have a solution to their problem. He help for said he understood that Mr. Rush, who has taken over Cemetery the insurance business, would .like to retain it, and Commission- he is putting a girl in the office. He said that Mr. era Smith thinks this is the time to bring the cemetery records down to the Town Offices. The Chairman said that previous to his last meet- ing with the Commissioners he had approached Mr. Healey, Veterans ' Agent, who is willing to take over this work. The only problem is that he spends some of his after- noons investigating veteran's oases; one in Stoughton and one in Worcester. However, he is always at his office between nine and twelve and agreed to stay in his office until one or two each day. There may be a couple of afternoons when he would have to make those visits. Mr. Potter asked if there would be anyone available when he is out as someone would have to accept telephone calls. The Chairman said that was the only problem, and that Mr. Hickerson knew him as far as his capability is concerned. Mr. Nickerson explained that Mr. Healey was a Marine Sergeant and is a good man; old enough 4o as not to be surly or gruff, and has handled the veterans' cases very efficiently. The Board has no criticism on its part at all and he seems to be a natural born clerk. Mr. Potter said that he would like to have an oppor- tunity to interview him and discuss the subject with the Commissioners. Mr. Potter said that the Commissioners would be glad to have Mr. Healey come in and look over the work before the interview. He said that if the work is taken, down to the Barnes property, he would like to have Mr. Healey's telephone connected to the switch- board so that the calls could be answered during the times he would be out of the office. Mr. Potter asked how the Selectmen felt about having an audit made, and Mr. Stevens said that the request should be made by the Selectmen. Mr. Bateman suggested that Mr. Healey take over the work for the balance of the year and then the Commissioners would have an opportunity to make a change if so desired. He said that it might be well to appoint him on a temporary basis. Mr. Potter said that the Commissioners have given some thought to tying this position in with the new Supt. of Cemeteries when mr. Garrity retires. He questioned whether it would be fair to familiarize Mr. Healey with the work and then drop him. Mr. Nickerson said that if Mr. Healey does the work, it would be bringing it down to the Town Offices. Mr. Potter asked if the Board would request an 57 audit, and the Commissioners retired at 7:55 P.M. Upon motion of Mr. Nickerson, seconded by Mr. Bateman, it was voted to request W. Dine, Director of Accounts, to arrange for an audit of the books and records of the Cemetery Department. The petition from the Boston Edison Company for permission to locate four poles on the Cambridge- Pole Concord Highway was held over for the next meeting. ieation The Chairman read a report from officer Burdick relative to a petition signed by six residents of -McCann dog Grove Street, asking to have a dog owned by Edward 3. Ian restrained because of its• disposition. Chairman was authorized to contact the owner of the dog and ask if he would be willing to voluntarily restrain the dog and thus eliminate the necessity of a public hearing which the Board would otherwise have to hold. Mr. Burns arrived at the meeting at 8:15 P.M. Upon motion of Mr. Nickerson, seconded by Mr. Bateman, it was voted to sign Contract No. A for Contract #4 street, parking lot, drain and sewer work, between signed the Town of Lexington and George Brox, Inc., said contract having been approved by Town Counsel. W. Burns presented a blue print of the Proper• West water ty owned by Alphonse B. West and located on Oak betterment Street, upon which a water betterment has been levied assessment in the total sum of $1246.50. Upon motion of Mr. Nickerson, seconded by Mr. Bateman, it was voted to 1. Abate 1309.00 amount of betterment levied on lot upon which the house is located. 2. Under the provisions of Chapter 159 of the Acts of 1950, it was voted to extend the time for payment of betterment assessment of .375 on 2501 on Oak Street, without interest and $562.50 on 3751 on Oak Street, abutting land now or formerly of Russell, without interest, ugtil said land or any part thereof is built upon, sold, or until the expiration of three years from the date hereof, whichever event occurs first; provided, however, that this extension of time shall terminate immediately if the facilities of the water main are• used- for said land 0 any part thereof. Letter was received from W. Lindstrom, Building Inspector, with reference to the trailer located at 35 Bartlett Avenue. Mr. Lindstrom has referred the matter to Town Counsel. 58 0.4 ' G Edison Way W. Stevens presented an agreement, together agreement with plan, relative to the area at the rear of the stores in connection with the soscal]a d Edison Way parking area. He explained the situation by use of the plan as follows: The Town is buying this lot P down to that solid line there over to here, including C-4 up to there and excluding this. We are also buying Lot E and will get title. We are leasing C-1, C-2 and 0-6 excepting that portion covered by a building included in a lease to Woolworth. We are agreeing to a blacktop all the leased area. It is $1.00 a year for one year and automatically renews for not over five years. The lessors can terminate any time within a month's notice to any part of 0-1. We can only use it for public parking. Upon motion of Mr. Nickerson, seconded by Mr. Bateman, it was voted to sign the agreement and all copies were taken by Town Counsel. Mr. Burns retired at 8:55 P. M. Mr. Otto Tobiason, 127 North Street, met with Complaint ret the Board and discussed at length the activities at Gravel pit the so-called Stevens gravel pit on North Street. on North St. lie had no objections to residents using it for swim- ming but did object to the number of cars, noise late at night and gangs congregating there. He has called the police on several occasions but, as soon as the cruiser leaves, other cars arrive. He said he would like the Town to have the own- ers close the entrance or enforce no parking signs there. The Chairman said that he did not know what action the Board could legally take, and Mr. Nickerson explained that the Board has tried to obtain the co- operation of the owner but without success. Mr. Stevens said that if the owner would post the property, the police could take the people in for trespassing. The Chairman said the Board would discuss the subject with Town Counsel and also contact the owner. Mr. Tobiason and Mr. Stevens retired at 9:25 P.M. W. Nickerson suggested appointing Mr. Tobiason a Special Police Officer and the Chairman agreed to discuss the matter with the Chief of Police. Letter was received from Maurice A. Gagne, Rent Control Commander of the V.1. W. advising that the Post is unanimously in favor of rent control and asked for the Board's support. The Chairman was authorized to advise the Post that an article will be inserted in the warrant for the next Special Town Meeting whereby the Town 59 Meeting members will be given an opportunity to vote on the subject. Further consideration was given Mr. Lyon's offer of $50 for Lot 60, Winter Street. The Chairman was authorized to advise Mr. Lyon Tax Title that the Board will consider his offer if he is able Property to acquire Lot 8, Winter Street, which abuts this tax title •property. The Chairman read a letter from Mrs . Barbara Fisk Collins, 10 Spencer Street, applying for Veteran Veteran Lot Lot #2, Hill Street. Her husband is now stationed in Germany and expects to be discharged in November. The Chairman was authorized to -tell Mrs. Collins that the Board would look with favor upon disposing of the lot to her husband when he returns from the 3erviee. Application was received from Ronald Betteficourt, on behalf of the Battle Green Chapter Order of Use of hall DeMolay, requesting permission to conduct a• b4nquet and reunion in Cary Hall on Saturday, October 10, 1953 from 5:00 P. M. until 11:00 P. M. Upon motion of Mr. Nickerson, seconded by Mr. Bateman, it was voted to grant the use of the hall, subject to a charge of $35.00 plus $1.50 per hour for janitor's fees. The meeting adjourned at 9:40 P. M. A true record, Attest: ��^ �/ Clerk The next regular meeting of the Board will be held on Monday, August 17, 1953 at 7:00 P. M.